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HomeMy WebLinkAbout2002-06-11 Resolution RESOLUTION NO. 02-198 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CiTY COUNCIL OF 10WA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Mill Restaurant 120 E. Burlington Street Sheraton Iowa City - 210 S. Dubuque Street It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × __ Champion X Kanner X __ Lehman X O'Donnell X __ Pfab X Vanderhoef × Wilburn Passed and approved this 11th day of Oune , 20 02 CIT~-C_.LERK ' City Attorney's Office clerk\res\danceprm.doc Prepared by Marian K. Karr, City Clerk, 410 E, Washington St,, Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 02-199 RESOLUTION TO ISSUE CIGARETrE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 11th day of )~. ,20 02 Approved by ~I~LERK - City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn REVISED 6/10/02 ~c. ~lSJ CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE A/~J MINI MART 97 00005 03668 C %,~ & J MINI MART INC jxXX LIQUOR STORE 01 01086 03667 C X LIQUOR STORE INC 2INER 93 O0012 03669 C THE US & LARSON I ESTMENT COMPANY ATI~AS WORLD GRILL 01 00091 03747 C ATLJ~S WORLD GRILL INC O~/~iJFAMES 85 00074 03670 C LTD 6 - ~- o~ .............. _o~ 00021 02~7! C CITY NEWS AND BOOKS 94 00006 03739 C R PAUL PENNINGROTH CQ~L~E STREET OASIS 00 00011 03738 C ~OLLEGE STREET NEWS ~OLONIAL LANES 85 00003 03672 C ~ERSHELL CORP C~B FOODS 95 00005 03673 C ~DALL' S INTERNATIONAL INC DA~'~$' SHORT STOP CORPORATION 86 00022 03674 C ~D~%NI EL J GLASGOW DAV~'S FOXHEAD TAVERN 85 00023 03675 C ~A/L B E RHAS KY DAVID L 0OD 85 00092 03736 V VENDING DE~I MART 5-~$ ~ ~ ~&u" 87 00013 03676 C DELI MART CORPORATION ~.DELI MART #2 ~q~ ~;~ ,q~,x%¢aT~,U~ ~ 87 00018 03677 C DELI MART CORP ~DELi MART ~3 ~/~ ~v~ow-i-~,~ '~'~(~. 98 00014 03678 C DELI MART CORP CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~ELm~iI MART #5 ~o6 ~.-~o~ '~. 99 00006 03679 C MART CORPORATION  00 00017 03680 C DISCOI/NT DEN INC "S STANDARD 92 00006 03681 C L ROZINCK OWN 85 00013 03682 C E INC D~EGAL~I,N IINDERGROUND THE 93 00001 03734 V VENDING D~UE STREET HANDIMART 90 00009 03683 C bNORDSTROM OIL COMPANY , E~AG~E FOOD CENTER #157 85 00004 03684 C %~ LUCKY STORES INC , ~F~K~WAY STORES INC 95 00006 03685 C 'FAREWAY STORES INC , F~NAL ORDER OF EAGLES #695 98 00003 03686 C i/FRATERNAL ORDER OF EAGLES #695 91 00008 03735 V ~EGAL VENDING F~ASpBY'S 95 00004 03687 C ENTERPRISES GA~?~'S EAST 00 00004 03688 C NTERPRISES INC GR.EA~'WALL 93 00011 03689 C I~'~"A.y AND CHI HO i~RT~ZLEY'S SOUTH SIDE PUB 99 00004 03690 C ~HMDS H~NR3tHAN'S PUB 02 00288 C ~,4qAN P.3~HAN INC ~RTIG DRUG STORE #10 98 00001 03691 C %~HARTIG DRUG COMPANY INC CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE %H~CAT__ 00 00014 03692 C ~UTURE FIBRE INC , LTOP LO GE 98 00003 03693 C HILLTOP TAVERN LTD u~L~TOP SINC~IR 85 00125 03694 C hILLTOP SINC~IR H~ FOOD STORE ~1 85 00009 03695 C ~-VEE INC ~EE FOOD STORE ~2 ~ ~ ~f ~. 85 00010 03696 C ~HY-VEE INC ~Y2VEE FOOD STORE ~3 85 00011 03701 C Y-VEE INC JO~'S GROCERY, INC. 85 00054 03731 C ~bHN'S GROCERY INC K-~RT 85 00140 03702 C ~-~RT CORPO~TION ~KWOOD ~W~YE CO~ENIENCE STORE 85 00135 03703 C U~N~D T~SPORT CO K~ & GO ~422 ~/~ ~-R~0~ ~u~ 85 00025 03704 C L~USE GENTLE OIL CORPO~TION '~" GO ~51 3~3 ~-~&~o~ ~ 01 01087 03705 C K~ ~ GO ~52 ~[ ~ ~0[~I~W~ 01 01088 03706 C ~'~ & GO LC K~ & GO ~53 ~5~ ~ %~K ~ub 01 01089 03707 C K~ & GO LC ~ a' ~ MIGHTY SHOP, INC. 85 00045 03708 C ~ & M MIGHTY SHOP INC ~ ORDER OF MOOSE LODGE ~1096 87 00005 03709 C ~OYAL ORDER OF MOOSE LODGE ~1096 CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE MALONE'S IRISH PUB 00 00008 03710 C DOWNTOWN IOWA CITY ENTERTAINMENT LLC MARTINI'S 00 00003 03733 V REGAL VENDING & AMUSEMENT [MI]L~AP~. 89 00004 03737 V %~fEGAL VENDING MI~L~ RESTAURANT THE 99 00010 03742 V 'L~IAWKEYE~ A/vFJSEMENT ~J~i~I MART 96 00005 03711 C ~ KRISHNA INC MUMM'S SALOON & EATERY 85 00062 03732 V ~[AWKEYE AMUSEMENT NORTH DODGE EXPRESS 01 01090 03712 C ND EXPRESS INC NO~/DODGE HANDIMART 00 00012 03713 C ~RDSTROM OIL COMPANY ON'~HE GO CONVENIENCE STORES 00 00002 03714 C iON THE GO CONVENIENCE STORES INC ONE-EYED JAKE'S 98 00006 03715 C ONE POOR STUDENT INC OSCO DRUG #5048 85 00116 03716 C '~ERICAN DRUG STORES INC Q~'F6 DRUG #5078 02 00286 C ~AMERICAN DRUG STORES INC PETR -OC~N-PROVISIONS 98 00008 03718 C --JG ROBINS INC JOE & FAYE GROBIN PRESSBOX THE 00 00009 03745 C JAY INC CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~Q~ ,~THE 90 00007 03740 V 'HAWKEYE AMUSEMENT i~ '~N'S BAR 99 00011 03746 C & DELI & MARTY ENTERPRISES INC ~uss' AMOCO SERVICE 85 00137 03719 C SNV SANCTUARY RESTAURA/qT & PUB THE 98 00013 03720 C INC LIMITED scdTT BLVD HAWKEYE CONVENIENCE STORE 00 00007 03721 C U~NLAND TRANSPORT COMPANY : S~3B~RBANy AMOCO 97 00007 03722 C %'~UBURBAN INVESTORS LC ~uSUBb'R~3AN AMOCO-KEOKUK STREET 98 00012 03723 C BURBAN INVESTORS, L.C. SUMMIT THE 02 00289 C SUMMIT RESTAUEANT & BAR INC SL~N~SET HANDIMART 93 00008 03724 C :~ILLIAM D & DAVID V NORDSTROM T&M ~INI MART 85 00085 03725 C ALBERHASKY TOM & MARILYN THE OLD MARKET PLACE 02 00285 C THE OLD MARKET PLACE INC T~B~cco BOWL 91 00009 03726 C ~ISSISSIPPI~' VALLEY TOBACCO ~ TQBACCO OUTLET PLUS #537 97 00008 03727 C ~WIK TRIP INC TOBACCO TABERNACLE 02 00287 C ~JUSTIN JONES -~_WKEYE AM3J~T~Y , VINE TAVERN & EATERY 01 00092 03728 C KENNEDY INVESTMENTS INC CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 6 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE WA~_-MA~T #~72~ 92 00012 03729 C T STORES INC EENS 85 00029 03730 C EEN COMPANY TOTAL CIGARETTE PERMITS: 81 CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPL I C~2qTS NAME PURPOSE A~& J MINI MART 97 00005 03668 C 4INI MART INC IQUOR STORE 01 01086 03667 C STORE INC ~/~INER THE 93 00012 03669 C ~'LOHAUS & LAR COMPANY ATLAS WORLD GRILL 01 00091 03747 C ATLAS WORLD GRILL INC O~O~iJFANES 85 00074 03670 C LTD CAMPUS AMOCO SERVICE 86 00021 03671 C KEITH D VILLHAUER ENTERPRISES CITY NEWS AND BOOKS 94 00006 03739 C R PAUL PENNINGROTB E E STREET OASIS 00 00011 03738 C STREET NEWS pE~RsO~IAL LANES 85 00003 03672 C ELL CORP C~ADA~ODS 95 00005 03673 C L' S INTERNATIONAL INC / / J GLASGOW DL~B E 'RSHAFOXHEAD TAVERN / )0023 03675 C SKY DAVID L / DE'OD / 85 00092 03736 V *~"'E GA L VENDING ~ MART 87 00013 03676 C DELI MART CORPOP~ATION ~I MART #2 Iq~:~ /-~,~ /~u. ,¢aT~ ]~ 87 00018 03677 C DELI MART CORP ~'~ ~L~RT #3 ~z/O ~o~,4-~ :~,~ "i'~-~6, 98 00014 03678 C DELI MART CORP CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE D~I ~RT #5 '~& ~'-~'r~N ~'~. 00006 03679 C co o= ON D I SCO~EN INC 'S ST~DARD 92 00006 03681 C DRUGTO~N ~ 85 00013 03682 C ~HY-VEE INC ~N ~DERGRO~D THE ~ 93 00001 03734 V ~EG~B~VENDING i~ STREET ~DI~RT X ~0 00009 03683 C ~ORDSTROM OIB CO~P~Y~  FOOD CENTER ~157 ~ 85 00004 03684 C STORES I~C STORES I~C / 9S 00006 0368S C F~RE~Y STORES INC ~B ORDER OF E~GBES ~6~S 98 00003 03686 C ~B ORDER OF E~GBES '~S 9~ 00008 0373S V BY'S ~S 0000~ 03687 C ENTERPRISES 'S E~ST 00 00004 03688 C NTERPRI SES I~C  ~BB 93 0001~ 03689 C D CHI HO ~Y~S SOUTH SIDE P~B 99 00004 036~0 C HMDS INC ~G DRUG STORE ~0 98 0000~ 036~1 C ~H~RTIG DRUG COmPlY CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS N~34E PURPOSE ~I 0J~-00014 03692 C BRE INC LO GE 95 O0OO3 03693 c ~OP SINCLAIR ~ 85 00125 03694 C qqILLTOP SINCLAIR HY-VEE FOOD STORE #1 85 00009 03695 C HY-VEE INC -VEE FOOD STORE #2 ~$1' ~O~, 85 00010 03696 C HY~-- vVEEE INC HY-VEE FOOD STORE #3 85 000ii 0370I C HY-VEE INC GROCERY INC / _~T ~ 85 00140 03702 C T CORPOP~AT I ON / K.~R~WOOD HAWKEYE CONVENIENCE/STORE 85 00135 03703 C W'INLAND TRANSPORT CO / / KUM & GO #422 / 85 00025 03704 C KR31USE GENTLE OIL CORPOR3t~ION / KUM & GO ~51 / 0~ 01087 03705 C KUM & GO LC / / ],-KuMK~"~G0& GO LC#52 ~ '~1 '~0~.1 ~ c*-I"~..// 0i 01~8 03706 C %/KUM & GO LC / oJ~'-~IGHTY SHOP, I~C./ 85 00045 03708 C ~'L & M MIGHTY SHOP I~NC ORDER OF MOOSE LODGE #10~6 87 00005 0370D C %~LOYAL ORDER OF MOOSE LODGE #1096 CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE MALONE'S IRISH PUB 00008 03710 C DOWNTOWN IOWA C~Y ENTERTAINMENT LLC MARTINI'S ~ 00 00003 03733 V 89 00004 03737 NDING AMTAUR/LNT THE 99 00010 03742 V USEMENT I MART 96 00005 03711 C NA INC MUMM'S SALOON & EATERY 85 00062 03732 V HAWKEYE AMUSEMENT NORTH DODGE EXPRESS 01 01090 03712 C ND EXPRESS INC NOR~DsT~ODGE HA/~DIMART 00 00012 03713 C OM OIL COMPANY ON~THH~ GO CONVENIENCE STORES 00 00002 03714 C GO CONVENIENCE STORES ONE-EYED JAKE'S / 98 00006 03715 C ONE POOR STUDENT INC / i OS~,~UG #5048 /~ 85 00116 03716 C L'A74ERICAN DRUG STORES INC T~ ~r~5~7- · ~f~ DRUG #5078 02 00286 C %,'TLMERICAN~DRUG STORES~~%cA~tD~ ~' ~PE~-N-PROVISIONS 98 00008 03718 C ~ ROBINS INC JOE & FAYE GROBIN PL~5~MOR BOWLING, INC. 85 00063 03743 V HAWKEYE AMUSEMENT PRESSBOX THE 00 00009 03745 C JAY INC CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE W~yTHE 90 00007 03740 V E AMUSEMENT i~KE O&N'S BAR & 99 00011 03746 C MARTY ENTERP~ ~ES INC S~'iAMOCO SERVICE 85 00137 03719 C NC SANCTUARY RESTAURANT & THE 98 00013 03720 C INC LIMITED 03721 C 'INLAN 0000 BAN INVESTORS LC SU~UB~BURBAN ~OCO-KEOKUK STREET 98 00012 03723 C JM'q' INVESTORS, L. C. SUMMIT THE 02 00289 C SUMMIT RESTAURANT & BAR INC Si~LSJT HANDIMART 93 00008 03724 C AM D & DAVID V NORDSTROM NI MART / 85 00085 03725 C WALBERHASKY TOM & MARILYN/' THE OLD MARKET PLACE ,' 02 00285 C THE OLD MARKET PLACE IN~ ~o EOWL siPPi VALLEY T~ACCO00009 03726 C . ~0 O~TLET PLUS/#537 97 0'~0803727 C I/KWIK TRIP INC T~AC C O TABERNACL~ 02 00287 '~ C %"~US T I N JONES VINE TAVERN & EATERY 01 00092 03728 C KENNEDY INVESTMENTS INC CIGARETTE PERMITS PRINTED : 01-MAY-02 PAGE: 6 DOING BUSINESS AS LICENSE # STICKER # APPLICA/qTS ND~4E PURPOSE WAL-MART #1721 92 00012 03729 C WAL-MART STORES INC WA~L~RREENS 85 00029 03730 C EEN COMPANY TOTAL CIGARETTE PE5 Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 02-200 RESOLUTION APPROVING AN AMENDMENT TO THE PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT WHEREAS, the Procedural Rules of the Iowa City Board of Adjustment were adopted by Resolution No. 96-102 on April 23, 1996; and WHEREAS, section 14-6W-4A of the Iowa City Zoning Ordinance states that the Board will accept appeals "within a reasonable time as provided by the rules of the Board"; and WHEREAS, the Board of Adjustment heretofore has not established a specific reasonable time period for appeals in their procedural rules, other than for appeals from a decision of the Building Inspector to issue a building permit; and WHEREAS, the Board of Adjustment recommends that their rules be amended to more clearly define a "reasonable time period" for appeals to guide the Board in future determinations regarding timeliness of appeals; and WHEREAS, the City Council Rules Committee has recommended approval of said amendment establishing a reasonable time period for appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Procedural Rules of the Iowa City Board of Adjustment are hereby amended as follows: Under Article IV, Section 2. Application Submittal, add the following underlined text: "Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or ten (10) business days after an alle,qed violation of the zoninq code is similarly observable." With this amendment, the Procedural Rules of the Iowa City Board of Adjustment dated April 9, 2002 attached hereto are adopted. Resolution No. 02-200 Page 2 Passed and approved this 11th day of City~-Clerk Resolution No. 02-200 Page 3 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn City of Iowa City MEMORANDUM March13,2002 ~ ~ To: Board of Adjustment From: Karen Howard, Associate Plann Re: Time period for appeals to the Board At your February meeting, the Board discussed amending the Board's procedural rules to set a more specific time limitation on matters appealed to the Board. A copy of your procedural rules is attached for your review. After consulting with the City Attorney's Office, Housing and Inspection Services, and the Department of Planning and Community Development, staff recommends that the Board amend their rules to set a ninety day time period for appeals. A ninety day limitation will allow the appealing party enough time to become aware of a potential problem and make a case for an appeal and yet not such an extensive amount of time that a decent record of the facts is lost. Staff also recommends a change to the ten-day time limit that applies when an appeal is made regarding the issuance of a building permit. In a recent Iowa Court of Appeals case regarding timeliness of appeals to the Board of Adjustment based on the issuance of a building permit, the court stated that the time period begins to run from the date that a potential violatioq of the zoning code is observable--in this case, it ran from the date that the neighbor noticed that the placement of the foundation may violate the zoning code, rather than 10 days from the commencement of construction. Given this ruling, you may wish to modify the Board's rules to include language that takes this type of situation into account. Following are staff's recommended changes to the Board's procedural rules. Under Article IV, Section 2. Application Submittal, add the following underlined text: "Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or ten (10) business days after an alleqed violation of the zoninq code is similarly observable." Approved by: , ~ , '/'- ~'~¢¢~' Robert Miklo, Senior Planner Department of Planning and Community Development PROCEDURAL RULES Iowa City Board of Adjustment April 9, 2002 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa, City Code Title 14, Chapter 4, entitled "Land Control and Development," Article B, entified "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE I1. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the City of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large; a majority of the Board shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges and after public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resiqnations. Resignations should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) calendar days prior to the date of intended departure. Procedural Rules Iowa City Board of Adiustment Page 2 ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice-Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice-Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice-Chairperson because of death, resignation, removal, disqualification or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice-Chairperson. The Vice-Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, shall perform the duties of the Chairperson when so acting, and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Actinq Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice-Chairperson, the remaining three-member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law and for maintaining minutes and other records of the Board's proceedings. ARTICLE iV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be flied with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Depadment of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secretary of the Board. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 90 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent propedies or the public right-of-way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Procedural Rules Iowa City Board of Adjustment Page 3 Section 3. Application Filinq Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. The fee shall be established by resolution by the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five (5) business days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. The Secretary of the Board shall give no less than seven (7) business days public notice in a newspaper of general circulation as required by law. Section 3. Notice Siqn. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Reqular Hearinf:lS. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearinqs. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearinqs. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to persons with disabilities. Section 4. Quorum. Three members of the Board constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and may be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony, witnesses including experts, and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Procedural Rules Iowa City Board of Adjustment Page 4 Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearinq. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. Section 8. Hearinq Order. The order of the hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed, so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law, which facts and legal conclusions must be set forth in writing as required by Iowa law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant any time before a decision of the Board is made. Section 10. Board Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 11. Board Votinq. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be necessary to uphold an appeal of a Zoning Chapter interpretation, to decide in favor of the applicant to grant a special exception as provided for under the Zoning Chapter, or to grant a variance to the Zoning Chapter. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote upon each motion. There shall be no vote by proxy; however, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should so inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that member. Section 12. Le~qal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to Procedural Rules Iowa City Board of Adjustment Page 5 conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearinqs. Hearings shall be taped and such tapes shall be kept for a period no less than six (6) weeks. Minutes shall be kept by a minute-taker, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the tape of the Board's deliberations is available, at cost. ARTICLE VIII. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law, as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's office, for recording at City expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and the Attorney of Record within a reasonable time after filing with the City Clerk. ARTICLE IX. AMENDMENTS TO PROCEDURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. ppdadmin\boarulesfin.doc Revised 5-02 Prepared by Andy MaUhews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02-201 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DEAN OAKES, AND KLDP INC., d/b/a ONE TWENTY SIX, FOR A SIDEWALK CAF~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowner Dean Oakes and KLDP Inc., d/b/a One Twenty Six, applied for temporary use of the public right-of-way at 126 E. Washington St, Iowa City, Iowa for a sidewalk caf6, and anchored fencing and raised platform thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way and Addendum (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement and addendum, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement and addendum to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement and addendum with the Johnson County Recorder at City expense. Passed and approved this 11th day of dune~,~~ ATTEST: ?l~......__ ~ '~'~/¢.-t-- Approved by: ~It~- C~,ERK City Attorney s Office 126 Sidewalk Caf~ Res Resolution No.02-201 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 02-202 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 225 South 6th Street 204 East Washington St. $65,000,000.00 $65,000,000.00 Minneapolis, MN Iowa City, IA 55402 52240 Iowa State Bank & 102 S. Clinton St. Same $35,000,000.00 $35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. $25,000,000.00 $25,000,000.00 Hills, iA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodiett Farms Pkwy. 150 E. Court St. $35,000,000.00 $35,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same $20,000,000.00 $20,000,000.00 Iowa City, iA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. $50,000,000.00 $50,000,000.00 Bank Cedar Rapids, IA Iowa City, IA 52240 52407-3850 Wells Fargo Bank 666 Walnut St. 101 3rd Avenue SW $50,000,000.00 $50,000,000.00 Iowa, N.A. Des Moines, IA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same $25,000,000.00 $25,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same $15,000,000.00 $15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Farmers & Merchants 1550 S. Gilbert St. Same $15,000,000.00 $15,000,000.00 Savings Bank Iowa City, IA 52240 Passed and approved this 1].th day of . Approved by ATTEST: ,,~2~,-/.~,¢,~,2 ,~, ~-~/~,,) ~~,.~, (~IT~-CL-ERK ' City Attorney's Office fimreas~res/deposit doc Resolution No. 02-202 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-203 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 15 NORTH LUCAS STREET, IOWA CITY, IOWA. WHEREAS, on November 2, 1995, the owner of 15 Nodh Lucas Street executed a Promissory Note and a Mortgage in the amount of $282; and WHEREAS, the loan was paid off on May 31, 2002; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the properly located at 15 North Lucas Street, Iowa City, Iowa from a Promissory Note and a Mortgage recorded on November 7, 1995, Book 1994, Page 88 through Page 95 of the Johnson County Recorder's Office. Passed and approved this 11th day of June 20. 02 Approved by CITY" CLERK ' ' ~t'~y At{orneyrs ~-~ce It was moved by Ch~trnp]on and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Dennell X Pfab X Vanderhoef X Wilburn ppdrehab/res/15nlucas-rel doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 15 North Lucas Street, Iowa City, iowa, and legally described as follows: The North 70 feet of the East 50 feet of Lot 8 in Block 19 in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, iowa, and subject to easements and restrictions of record from an obligation of the owner, Gertrude E. Miller, to the City of Iowa City in the total amount of $282 represented by a Promissory Note and a Mortgage recorded on November 7, 1995, Book 1994, Page 88 through Page 95 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by CITY'~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Ii day of '-~--,.x~.F_- , A.D. 20 02. , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o~- 2o,5, adopted by the City Council on the II day ~'~,,~._, 20 ~ and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/15nlucas-reld~c It-~l My Commission ~ Pubhc in and for Johnson County, Iowa ~1 3-7:o5 f Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-204 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT '1702 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, on April 17, 1998, the owner of 1702 California Avenue executed a Second Mortgage in the amount of $22,180.00 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the loan was fully paid on May 30, 2002; WHEREAS, the owner also executed a Resale Agreement on April 17, 1998; WHEREAS, the owner has met the obligations contained in the Resale Agreement; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1702 California Avenue, Iowa City, Iowa from the Mortgage recorded on April 27, 1998, Book 2471, Page 266 through Page 271 of the Johnson County Recorder's Office and from the Resale Agreement for Property Located at 1702 California recorded on January 3, 2000 at Book 2885, Page 329, Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the mortgagor. Passed and approved this 11th day of ,June_ ,2002. Approved by (~ITY"CLERK - City Attorney's Office Resolution No. 02-204 Page. 2 It was moved by Champ'ion and seconded by. Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RELEASE OF LIENS The City of Iowa City does hereby release the property at 1702 California Avenue, Iowa City, Iowa, and legally described as follows: Lot 36 in part I-A Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 101, Plat Records of Johnson County, Iowa, from an obligation of the property owner, Vicki L. Stillmunkes, to the City of Iowa City in the principal amount of $22,180.00 represented by a Second Mortgage recorded on April 27, 1998, at Book 2471, Page 266, Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Vicki L. Stillmunkes, to the City of Iowa City contained in the Resale Agreement for Property Located at 1702 California recorded on January 3, 2000 at Book 2885, Page 329, Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. C.9TT~F IOWA CITY, IQ,~fA /~ Ernest W. Lehman, Mayor M'~ian K. Karr, City Clerk Approved by City Attorney's Office STATE OF IOWA ) )SS; JOHNSON COUNTY ) On this [I day of -~-~*a~_ ,2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ernest V/. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. T SONDRAE FORT ~ {,~ ~tCommission Number 1597911 ~l~j~ ~ ' ~'~'1 My Commission Expires FI ~- '7- o .'~ Notary Public in and for the State of Iowa Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 02-205 RESOLUTION ACCEPTING THE WORK FOR THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Longfellow/Twain Pedestrian Tunnel, as included in a contract between the City of Iowa City and Dixon Construction Co. of Correctionville, Iowa, dated June 12, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this [11:h day of~ Approved by ATTEST: ~~. ~ ._~'/¢'/~ (~'f~/~_ CIT'C'CLERK City Atto'r~e~s Of~e It was moved by Champ'ion and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT May 17, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Longfellow/Twain Pedestrian Tunnel Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Longfellow/Twain Pedestrian Tunnel Project has been completed in substantial accordance with the plans and specifications prepared by Schoemaker and Haaland Engineers of Iowa City. The final contract price is $298,437.60. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer I ndexbc\itrs\2~RF.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: June 4, 2002 ;.~,~] To: Steve Atkins /' From: Kim Johnso~)\)~'J ~~ Re: Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the June 11th Council meeting: 1) Longfellow/Twain Pedestrian Tunnel Contractor: Dixon Construction · Project Estimated Cost: $ 250,000.00 · Project Bid Received: $ 288,114.80 · Project Actual Cost: $ 298,437.60 Outside Funding · Federal Transportation Enhancement $ 240,000.00 2) Johnson Street Sanitary Sewer Contractor: Yordi Excavating · Project Estimated Cost: $ 160,000.00 · Project Bid Received: $ 143,455.25 · Project Actual Cost: $ 160,170.10 Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO, 02-206 RESOLUTION ACCEPTING THE WORK FOR THE JOHNSON STREET SANITARY SEWER PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Johnson Street Sanitary Sewer Project as included in a contract between the City of Iowa City and Yordi Excavating of North Liberty, Iowa, dated October 17, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of ~L~, 2~_//,,,~ Approved by ClT¥CLERK City 'A~to'~ne~"~ ~ff~e ~ It was moved by Champion and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X 0'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT May 17, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Johnson Street Sanitary Sewer Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Johnson Street Sanitary Sewer Project has been completed in substantial accordance with the plans and specifications prepared by McClure Engineering Co. of Iowa City. The final contract price is $160,170.10. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer Pwen g\ltrs\acceptjoh n sonsewer.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 · FAX (319) 356 5009 Prepared by: Doug Boothroy, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 02-207 RESOLUTION AMENDING THE FY2003-2006 CAPITAL IMPROVEMENTS PROJECT PLAN TO PROVIDE FINANCING FOR THE PENINSULA AFFORDABLE HOUSING PROJECT. WHEREAS, one of the goals of the Peninsula neighborhood development is to provide affordable housing; and WHEREAS, the Iowa City Housing Authority and Greater Iowa City Housing Fellowship are partnering to provide affordable housing within the Peninsula neighborhood; and WHEREAS, the Peninsula Affordable Housing Project, a joint project between Greater Iowa City Housing Fellowship and the Iowa City Housing Authority will provide 16 units of affordable housing in the Peninsula neighborhood; and WHEREAS, the Peninsula Affordable Housing Project financing is a combination of resources that include State Home Grant, City Home funds, public housing equity, and General Obligation bond financing; and WHEREAS, the Genera~ Obligation bond financing will be paid in full through the cash flow of the project and not through the City General Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby amend the FY2003-2006 Capital Improvement Project Plan to provide financing for the Peninsula Affordable Housing Project. 2. The City Council declares its intent to sell General Obligation bonds in the amount of $657,000 to be repaid in full from the cash flow of the project and not through the City General Fund. Passed and approved this 11th day of June ,20 02 Approved by Resolution No. 02-207 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 06-11-02 6 , Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-209 RESOLUTION APPROVING A PURCHASE AGREEMENT WITH UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH, WHEREAS, Tower Place and Parking facility includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with United Action for Youth for condominium unit 1-C in said facility, which purchase agreement is attached hereto and required City Council approval; and WHEREAS, following public hearing on the City Council's intent to approve said purchase agreement and to dispose of the property in accordance therewith, City Council finds that the purchase agreement should be approved and that said property should be conveyed in accordance with said purchase agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance the attached purchase agreement between the City of Iowa City and United Action for Youth for condominium unit 1-C in Tower Place and Parking and the disposition of said property in accordance therewith. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take all action necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this ].1th day of June ,20 02 C~ITY"CLERK City Attorney's OCfice~-''~ Resolution No. 02-209 Page 2 It was moved by 0' Donne] ] and seconded by I~i ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × . Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ORIGINAL Informatio, Lars 6. Anderson, 123 N. Linn #300, Iowa City, Iowa, (319) 354-0331 Lars G, Anderson ISBA # T4746 RPACE ABOVE THIS LINE FOR RECORDER REAL ESTATE CONTRACT.INSTALLMENTS IT IS AGREED this ~L- day of ~-o.~ 5: , 2002, by and between City of Iowa City, of the County of Johnson, State of Iowa, Sellers; and United Action for Youth of the County of Johnson, State of Iowa, Buyers; That the Sellers, as in this contract provided, agree to sell to the Buyers, and the Buyers in consideration of the premises, hereby agree with the Sellers to purchase the following described real estate situated in the County of Jolmson, State of Iowa, locally known as Space I C. Tower Place, Iowa City, Iowa. and legally described as follows: Unit 1 C. Tower Place and Parking, a horizontal property regime, according to the Declaration thereof recorded in Book 3023, Page 467, records of Johnson County, Iowa, as amended by the Amendment to DecIaration recorded in Book 3062, Page 797, records of Johnson County, Iowa, including all interest in the common elements as set out in said Declaration. Including 2 (two) City of Iowa City parking permits without fees for parking in Tower Place and Parking. Said permits are transferrable to a subsequent owner of fl~e real estate but may not be transferred independently of the real estate. Said permits are not for specific parking spots, but allow the permit holder to park in available spots, if any, within Tower Place and Parking. Said permits are subject to terms and conditions established by Iowa City for parking with Tower Place aod Parking. together with any easements and serviem estates appurtenant thereto, but with such reservations and exceptions of title as may be below stated, and certain personal property if and as may be herein described or if and as an itemized list is attached hereto and marked Exhibit A' all upon the terms and conditions following: 1. TOTAL PURCHASE PRICE. The Buyers agree to pay for said property the total of $ 500,000.00 due and payable at Johnson County. Iowa, as follows: (aJ DOWN PAYMENT of $225,000.00 payable upon receipt of the $225,000 Community Development Block Grant awarded to United Action for Youth, but m any event no later than September 1, 2002; and (b) BALANCE OF PURCHASE PRICE. $275,000.00 as follows: $125,000.00 on or before July I, 2004 and the balance of the purchase price payable on or before Jniy 1, 2005. 2 POSSESSION. Buyers, shall be entitled to possession of said premises upon Sellers receipt of the $225,000.00 down payment. 3. SPECIAL ASSESSMENTS AND TAXES. Sellers shall pay the special assessments against this property: Which are a lien thereon as of da~e of possession. Buyers. except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. Buyers and Sellers acknowledge that Buyers are currently exempt from real estate taxes as a non-profit organization. Buyers shall be responsible for obtaining any such exempt status as to the property. In any event, Buyers shall pay any taxes on the property not assumed by Sellers before the same become delinquent. 4. MORTGAGE. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding N/A % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this cotuxact to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage accordthg to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property fi`om an equity holder insteed of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the Ierms of this contrac~ less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers h)r the use and benefit of the Buyers. 5. INSURANCE. Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire. tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such ~mprovements and personal property or not less than the unpaid purchase price herein whichever amount is smaller with such insurance payable clause. Buyers shall provide a copy of any insurance policies to Seller upon request, In the event of any such casualty loss. the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss If the proceeds be adequate; if not. then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein 6. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafxer placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not use or permit said premises to be used for any illegal purpose. 7. LIENS, No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 8. ADVANCE/VIENT BY SELLERS. If Buyers fail to pay such taxes, spaniel assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers' rights to make advancements, see paragraph 4 above.) 9. TIME IS OF THE ESSENCE. Time is of the essence in this Agreemem. Failurc to prompfly assert rights of Sellem herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 10. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of tine in any Deed made pursuant to this contract (See paragraph 11) shall be without reservation or qualification EXCEPT: (a) Zoning ordinances: (b) Such restyicfive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract. 11. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers durthg the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to parind of abstracting) to said premises and shall show tine thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay att taxes on any such personal property payable in N/A, and all taxes thereon payable prior thereto. 12. APPROVAL OF ABSTRACT. Buyers have not examined abstract of title to this property and such abstract is not accepted. 13. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this corm-act as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or comper~ation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may according/y be ousted and removed as such as provided by law. 14. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this con~act, SeBers, at their option, may elect m declare the entire balance irranediataly due and payable after such notice, if any, as may be required by Chapter 654, The Code. T~ereafter this contract may be foreclosed ia equity and the court may appoint a receiver to take irtunediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the stsmtes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall ha exclusive tO the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days afier such sale, and the time provided for redemption by creditors as provided in Sections 628.5. 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entyy of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 15. ATTORNEY'S FEES. In case of any action, or in any proceedings Jn any Court to collect any sums payable or secured hereth, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers. or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys' fees. 16. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal comract rate applicable to a natural persnn to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this corm-act, as protective disbursements. 17. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furthshed with a duplicate of such assignment hy such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. This contract shall not be assignable by either Buyers or Sellers without the prior written approval of the other party. 18. PIgRSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or fureclosure of this contract, such personalty shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 19. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singalar or plural number, and as masculine, feminine or neuter gender, according to the context. 20 LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead-Based and/or Lead-Based Paint Hazards. 21. SPECIAL PROVISIONS. SEE ATTACHED ADDENDUM I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILy GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: ]l dayof ~'c.~nll~-- .2002 Executed in duplicate or triplicate City of 19W~'~ity, Iowa United Action for Youth c--X~By? 'Ernest W. Lehman, M~yor ~/~Jim Swaim, E~cutive Director STATE OF IOWA ) ) SS; JOHNSON COUNTY ) On this/~$'Aday of May, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Swaim and Casey Cook, to me personally known, who being by me duly sworn, did say that they are the Executive Director and Chairman of the Board of Directors_, respectively, of the corporation executing the within and foregoing instrument (to which this is attached), that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Jim Swaim and Casey Cook as officers acknowledged the execution of the foregoing instrument to the voluntary act and deed of the corporation, by it and by them voluntarily executed. ~.~t~ry Public in and for said State Sr^TEIOW^ ! r. li.'! ) ss: · t0W~ - I July ~5~ 2004 JOHNSON COUNTY ) On this ! I day of M"y: 2002, before, the under-signed, a Notary Public in and for said county, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~.[CommlsSten Number lSS?S'l{Notary Pubfic in and for said State · ~' My Commission ~]m$ / ~ ~7-0 ~ / ADDENDUM TO REAL ESTATE CONTRACT - INSTALLMENTS Seller: City of Iowa City Buyer: United Action for Youth (UAY) Property: 1-C, Tower Place, Iowa City, Iowa The following terms and conditions are made part of the Offer to Buy Real Estate and Acceptance by and between the City of Iowa City, Iowa, Seller, and United Action for Youth, Buyer: 1. On or before July 1,2003, Buyer will complete finish work upon the property having a market cost in excess of $100,000.00. 2. Buyer shall be entitled to prepay any amounts due hereunder, and, without creating any legal obligation to make payments other than those set forth in this contract, will do so if feasible. 3. Buyers and Sellers obligations hereunder are contingent upon all conditions and criteria for obtaining the $225,000.00 CBDG grant being met. Datedthis ~/ day of M~- , 2002. UNITED ACTION FOR YOUTH CI~ O.F.J, OWA CITY, IOWA By: ~ Swaim, Executive Director : , '" / of Directors By: I~ladan K. Karr, City Cierk ReaiEst~Addendum~Addendum to Real Estate Contract (UAY) Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 02-208 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE DANE ROAD TRUNK SANITARY SEWER PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Dane Road Trunk Sanitary Sewer Project ("Project") which includes installing a new sanitary sewer line from just west of the airport to Naples Avenue; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Earth Tech, Inc., has determined the location of the proposed Project; and WHEREAS, City and Consultant staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Dane Road Trunk Sanitary Sewer Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Dane Road Trunk Sanitary Sewer Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorneys' office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation, and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to Resolution No. 02-208 Page 2 effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 11th dayof Oune ,20 02 Approved by City ~,L~um~ey's d, Cfic~ It was moved by Vandef'hoef and seconded by ~4i ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR DANE ROAD TRUNK SANITARY SEWER PROJECT TO: Harold John, Jr. & Allegra Dane, 4062 Dane Road SE, Iowa City, IA 52240; James R. Davis, 4097 Kitty Lee Road, Iowa City, IA 52246; Robed A. Davis, 4059 Kitty Lee Road, Iowa City, IA 52246; Jan Ellen Smith, 690 North Star Court, Boulder, CO 80304; George Dane, 715 Benton Ct., Iowa City, IA 52246; Francis and Janet Driscoll, 4120 Dane Road, Iowa City, IA 52240; Harold J. Dane, Jr., 4082 Dane Road SW, Iowa City, IA 52240; James and Ruth Dane, 4507 Dane Road SW, Iowa City, IA 52240; Tom H. and Karen Williams, 4146 Dane Road SE, Iowa City, IA 52240; Jebb L.L.C. (Bob Wolf), 3732 Hummingbird Lane, Iowa City, IA 52240; George E. and Christiana H. Knorr, 332 Kimball Road, iowa City, IA 52240; Bonnie Wenman, 1019 Diana Road, Iowa City, iA 52240 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. '1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Dane Road Trunk Sanitary Sewer Project, making the final selection of the route or site location or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of a sanitary sewer from Willow Creek along the proposed extension of Mormon Trek Boulevard across Dane Road and Highway 218 to the development west of Highway 218. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those properly rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property, or an interest in property for the project. The public hearing will be held on the 11th day of June, 2002 in the City Emma J. Harvat Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. 2 When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations, if the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Dane Road Trunk Sanitary Sewer Project please contact the following person: Chuck Schmadeke, Public Works Director, City of Iowa City, 410 E. Washington Street, Iowa City, tA 52240, (319) 356-5140. 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above- described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. Marian K. Karr City Clerk Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 02-210 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY FIRE STATION 3 ADDITION AND RENOVATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 11th day of July, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 16th day of July, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Approved by ~ _ pwer~g\res~appp&s-firestation3 doc Resolution No. 02-210 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O"Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Klm Shera, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 02-211 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY02 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a,m. on the 25th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa Qty, Iowa, at 7:00 p.m. on the 2 day of July, 2002, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this llth day of ,]un 20 02 Resolution No. 02-211 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-212 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE OLD MARKET PLACE WHEREAS, on January 14, 2002, Monica Morales was convicted/pled guilty in Johnson County District Court, Docket No. STIC118613 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Morales was an employee of the establishment operating under the retail cigarette permit issued to The Old Market Place, 1963 Broadway Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Old Market Place and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of The Old Market Place to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against The Old Market Place. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: dune 11, 2002 City Clerk, City of Iowa City Resolution No. 02-212 Page. 2 It was moved by 0' Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn [] T-O/W COMPLAINT J~ RES [~ NON-RES [] O0 [] 8-G~FI IOWA UNIFORM CITATION AND COMPLAINT [~] HI$~] NON-HIS ~ . ~ L, ,~..'~ ARMED [] YES l~ NO ( ' ~,~""~ ~-~/] IOWA CITY ~PARTMENT PLAINTh'k [ ~ ~ ~/~/~ ~ { [ N_ 118613 fl City of: IOWA OIW ~ ~ the G3urt at 417 S. CLINTON STRE~ JOH~ ~RTHOUSE _ Defendant, Last Fi~t Middle Address ~? g~LP ~/~ ~ ~/e? O Stat~ Co, DL Class ~P~ DL End DL Rest. DOB~ /~ /~] Race ~d Sex--Hr. ~Z Wt./~ ~e undersigned states that on or about /~ // / l~ ~ defendant did unlawfully: Mo. Day . Yr. CMV ~Yes ~No HazMatPlac. Req. ~Yes ~No USDOT~__ Reg. · t Stat~ v,.~ Ye Upon. ~Tramc ~ Navlgauon ~ SnowmobfielA~ish-G~ ~Schedtllcd Vio/Fine ~D ~' 0 ~ad CO~tlCtiOl Surch~ge ~" - - 'Court C~s ...... ~ ~. ~.l. ~. ($1000) Accident ~Total Fim'/~o~ts~~ ~~__ Speed rn Zone-Sec. ~ DATA CODE FeWAdm, Code ~ Local Ord [ C E R T F I C AT E 1 which does not re~ an ap~arance, re~to the a~ove named coua on[ Coufl of the State of I~a, ln a~t~ J~n~ ' Mo. Day Yr. COUnt, h~ebY c~plele c~ M the OriGi~l In~e~$) . iowa and is punishable as an aggravated misdemeanor, j fil~ iff thi~ [ ~ ~MONY~E~E~I ~ h~ o~ providing false in formation, { ~ m~ ha~ and 80~ the ~a}t~ ,~ ~ ~ ~ 2 I promise to appear in said coua at said time and ,1 my~;~ in ~ C~.~ ~i;~ ,- top of the r~verse siae o~t~e ~itadon, ~[~ .~;k4~ The followil,g appges ,o simple misd~mganors only: / Screen CPE100 ICIS CASE PROCESSING Date 10-JUN-d2 User ID DEET52 Dispositions/Criminal Time 01:22 PM .............................. Original Charge ................................ Case ID 06-52-1- -ST-IC118613 Title STATE OF IOWA vs MORALES,_MONICA Def PIN JO1451184 DCI Def Name MORALES,_MONICA Original Charge Year Cnt Charge Description 453A.2(1)-C 2000 01 1ST_OFFENSE_-_EMPLOYEE_PROVIDING TOBACCO TO Mi Comment PP Due--Dt ............................. Charge Adjudication ............................. Adjudicated Charge 453A.2(1)-C Year 2000 Act Sp Post Sp __ Adj Charge Desc 1ST OFFENSE - EMPLOYEE_PROVIDING_TOBACCO TO MINOR Type Date Judg~ PIN Judge Name GU 0 / 4/2002 Comment ............................ Charge Disposition ............................ Ty Appl Disposed ChgYear Sen Date Eff Date Judge PIN Sent Hrs Days Mos Yrs 453A.2(1)- 2000 01/14/2002 FN Desc 1ST OFFENSE - EMPLOYEE PROVIDING TOBACC Fac Tp Review Dt Atty_ ~est _ Drug _ Lic--Rev _ DD§ _ Extrad _ BaTter _ (Y/N)Fine Count: *1 <List><Replace Screen FM7100 ICIS CASE PROCESSING Date 10-JUN-O2 User ID DEET52 Financial Summary Time 01:22 PM ................................. Selection Data .......................... Case 06-52-1- -ST-ICl18613 Title STATE OF IOWA vs MORALES,_MONICA Obligor PIN JO1451184 Name MORALES,_MONICA Obligee PIN STATEIOWA Name STATE OF IOWA Payor PIN JO1451184 Name MORALES,_MONICA Payee PIN STATEIOWA Name STATE OF IOWA ITO ID Financial Total Data .......................... Owed Amount Paid Amount Due Amount Court Costs 15.00 15.00 0.00 All Other 130.00 130.00 0.00-- Grand Totals 145.00 145.00 0.00 ............................ Financial Summary Data ........................... Filed Date Filed Tm Sq F-Cd C Owed Amount Paid Amount Due Amount F-Ind 12/19/2001 11:52 AM 0 CM00 J 100.00 100.00 0.00 F 12/19/2001 11:52 AM 0-- CI49 J 30.00 30.00 0.00 F 12/19/2001 11:52 AM 0z C270 C 15.00 15.00 0.00_ F_ : M Count: *0 <Replace> Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02- 213 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE SANCTUARY RESTAURANT & PUB WHEREAS, on January 15, 2002, Michael William Morris was convicted/pled guilty in Johnson County District Court, Docket No. STIC118614 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Morris was an employee of the establishment operating under the retail cigarette permit issued to The Sanctuary Restaurant & Pub, 405 S. Gilbert Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Sanctuary Restaurant & Pub and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of The Sanctuary Restaurant & Pub to b6 considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against The Sanctuary Restaurant & Pub. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PAfiSED AND APPROVED: ,]uno 11, 2002 ayor, C~ty of Iowa Ctty City ~erk~ City of Iowa City Resolution No. 02-213 Page 2 It was moved by. Pfab and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn COMPLAINT -' [] T-C/W [] RES [] NON-RES ~ ~ S-C&R IOWA UNIFORM CITATION AND COMPLAINT [] HI,~-HIS 2.~--- w /- ARMED I-1 YES, I~] NO PLAINTIFF: f / IOWA Cl~ ~LICE DEPA~MENT~a.~ Defendant, Last First Middle Address ~ ~ ~ ~ SS~L~ ~-~ ~ ~ ~ ~ff~ State ~ Co. · DL Class ~ D~n~ ~ DL R~t. ~ DOB ~ /~/ ~Race ~ Sex--Hr. ~'~ Wt. The undersigned states ~at on or about /~ / /~/ C)f at /~ ~AM ~m defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle~oat (describe) CMV ~Yes ~No HazMatPlac. Req. ~Yes ~No USDOT~. Reg · State Year Upon a public highway at ~~ ' Locat~ in the county and state aforesaid and di~hen and there commit the following offense: ~Traffic ~ Navigation ~ Snowmobile/ATV . ~sh Ga~q ~Parks ~ Scheduled Via/Fine $ /~) ~) C~ ~_ ~d Ca~jucnon Zunc Surcharge $ ~O. ~Cb~rt Ap~arance~tmed (805. Court Costs $ t~ . ~P.l. ~P.D. ($~ Accidem ..... .... /~D~ ~ m'C'v' ~age ~ss nent Speed I~ Zone-Sec. ~ ~-¢~ ' IA DATA CODE Fed/Adm. Code Local Ord. C~RTIFICATE 1 certify under penalty of perju~ and pursuant to the laws of the State of Iowa that ~e Cou~S~ of io~a, m a r,d for ~ohnson ~/~ ~,l~& CounW. ~ hereby Ce~L~ ha h~s ~S a true and Dated /~ / ~ / Of ~. Day Yr, Officer's Signature ' . [ complet~copy 0f the Origlnat mstrumenr[s~ fit~ in t is j Court Date: If yurt must appear in cou~ or if you choose to appe~ to answer a charge office mnsisting of [ pages, which does notr~r im an appearance, repo~ to the above named cou~~,,~on: ~ TES~MONY~EREOF have hereuntc set my hand and afl~x~ the Seal of $ [ NOTICE: Providing false information is a viola~on of Section 7 ~ 9.3 of the Code o[ I Iowa and is punishable as an aggravated misdemeanor. ~ ) signature below is not a plea of guihy, but acknowledges all of the L 1 hereby swear and a[fim~ Ihm the information provided by me on this citation is tree under ~nalty of providing false information. 2I promise to appear in said court at said time and place, or I will comply with the provision on the The fallowing applies to simple misdemeanors only: 3 1 hereby give my unsecured appearance bond in the amount of ~ dollars and enter my written appearance I agree that ifl fail to appear in person or by counsel to defend against the offense charged . Signature of Defendant Screen CPE100 ICIS CASE PROCESSING Date 10-JUN-u2 User ID DEET52 Dispositions/Criminal Time 01:20 PM .............................. Original Charge ............................... Case ID 06-52-1- -ST-ICl18614 Title STATE OF IOWA vs MORRIS,_MICHAEL WIL Def PIN J01104082 DCI Def Name MORRIS, MICHAEL WILLIAM Original Charge Year Cnt Charge Descriptio~ - 453A.2(1)-C 2000 01 lST_OFFENSE_-_EMPLOYEE_PROVIDING TOBACCO TO MI Comment PP Due--Dt ............................. Charge Adjudication ............................. Adjudicated Charge 453A.2(1)-C Year 2000 Act Sp Post Sp Adj Charge Desc 1ST OFFENSE - EMPLOYEE_PROVIDING_TOBACCO TO MINOR Type Date Judg~ PIN J~d~e Name Gu 0 /15/2002 Comment ............................ Charge Disposition ............................ Ty Appl Disposed ChgYear Sen Date Eff Date Judge PIN Sent Hrs Days Mos Yrs 453A.2(1)- 2000 01/15/2002 FN Desc 1ST OFFENSE - EMPLOYEE PROVIDING TOBACC Fac Tp Review Dt Atty _ ~est _ ~r~g _ Lic--Rev _ DD~ _ Extrad _ BaTter _ (Y/N)Fine Count: *1 <Replace Screen FM7100 ICIS CASE PROCESSING Date 10-JUN-02 User ID DEET52 Financial Summary Time 01:19 PM ................................. Selection Data ............................ Case 06-52-1- -ST-ICl18614 Title STATE OF IOWA vs MORRIS,_MICHAEL_WILLIAM_ Obligor PIN JOl104082 Name MORRIS,_MICHAEL_WILLIAM Obligee PIN STATEIOWA Name STATE OF IOWA Payor PIN JOl104082 Name MORRIS,_MICHAEL_WILLIAM Payee PIN STATEIOWA Name STATE OF IOWA ITO ID Financial Total Data ......................... Owed Amount Paid Amount Due Amount Court Costs 15.00 15.00 0.00 All Other 130.00 130.00-- 0.00- Grand Totals 145.00 145.00 0.00 ............................ Financial Summary Data ........................... Filed Date Filed Tm Sq F-Cd C Owed Amount Paid Amount Due Amount F-Ind 12~19/2001 11:52 AM 0 CM00 J 100.00 100.00 0.00 F 12/19~2001 11:52 AM 05 CI49 J 30.00 30.00 0.00 F 12/19/2001 11:52 AM 0_ C270 C 15.00 15.00_ 0.00 F : M Count: *0 <Replac~,~ Council Member O' Donnel 1 introduced the following Resolution and moved its adoption. Council Member Champi on seconded the motion to adopt. The roll was called and the vote was: AYES: O'Donnell~ Wilburn, Champion, Lehman NAYS: Pfab, Vanderhoef, Kanner WHEREUPON, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 02-214 RESOLUTION (1) APPROVING THE MINIMUM DEVELOPMENT REQUIREMENTS, COMPETITIVE CRITERIA, AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE IOWA CITY URBAN RENEWAL AREA; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY THE PLAZA TOWERS L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND THE PLAZA TOWERS L.L.C. 1N THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. WHEREAS, the City Council of Iowa City, Iowa has heretofore adopted an Urban Renewal Plan (the "Plan") for the Urban Renewal Project Area described therein (the "Project Area"); and WHEREAS, such Plan provides for, among other things, the disposition of properties for the Improvement and Sale of Land for Private Redevelopment as a proposed renewal action; and WHEREAS, The Plaza Towers L.L.C., an Iowa limited liability company (the "Redeveloper") has responded to the circumstances above described by submitting to the City a proposal for the acquisition of certain property located within the Project Area (described herein as the "Property") for redevelopment of the Property, together with a request that this property be made available for disposition as rapidly as possible; and WHEREAS, in order to establish reasonably competitive bidding procedures for the disposition of the Property in accordance with the statutory requirements of Chapter 403, Code of Iowa, and particularly Section 403.8, and to assure that the City extends a full and fair opportunity to all Redevelopers interested in submitting a proposal, Redeveloper Guidelines attached hereto as Exhibit A and by this reference made a part hereof, and Competitive Criteria as set forth herein for the Property offering have been prepared; and WHEREAS, said Redeveloper has executed and tendered an Agreement for the Improvement and Sale of Land for Private Redevelopment to the City, attached hereto as Exhibit B, which proposes the construction and development by the Redeveloper of a mixed use commercial-residential complex and related improvements on the Property; and WHEREAS, to both recognize the firm proposal for the disposition of the Property already received by the City, as above described, and to give full and fair opportunity for other Redevelopers interested in submitting a proposal for development of the Property, this Council should by this Resolution: 1. Set the fair market value of the Property for uses in accordance with the Plan. 2. Approve the Redeveloper Guidelines for the purchase and rehabilitation of the Property (Exhibit A) and Competitive Criteria as set forth herein. 3. Approve the Redeveloper's proposed Agreement for the Improvement and Sale of Land for Private Redevelopment (Exhibit B) as to form. 4. Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cut~ off time for such modifications; and provide for review of such proposals with recommendations to this Council in accordance with established procedures. 5. Declare that the proposal submitted by the Redeveloper satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Agreement for the Improvement and Sale of Land for Private Redevelopment and direct publication of notice of said intent. 6. Approve and direct publication of a notice to advise any would-be redevelopers of the opportunity to compete for purchase of the Property for redevelopment on the terms and conditions set out above. 2 7. Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice will be published of the intent of the City to enter into the resulting contract, as required by law. and; WHEREAS, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this Property for redevelopment as set out herein. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. The following described property shall be offered for disposition for redevelopment in accordance with the terms and conditions contained in this resolution and the Plan, to wit: All that certain parcel or parcels located in Iowa City, Johnson County, State of Iowa, more particularly described as: Beginning at the Northeast comer of Block 64, Original Town, Iowa, City, Iowa; Thence S00*07'00"E, along the East line of said Block 64, a distance of 196.48 feet to the Southeast comer of an amended easement agreement recorded in Book 725 at Page 327 in the Office of the Johnson County Recorder and the Northeast comer of the City of Iowa City parking ramp; Thence S 89*51'17"W, along the Southerly line of said amended easement agreement and the Northerly buiklding face of said parking ramp, 20.04 feet; Thence S00'04'14"W, along said Southerly line and said Northerly building face, 3,30 feet; Thence N89*55'47"W, along said Southerly line and said Northerly building face, 201.95 feet, to the Sjoutheast comer of a parcel of land recorded in Book 1320 at Page 5 in said Recorder's Office; Thence N00*07'00"W, along the Easterly line of said parcel, 199.54 feet to the Northeast comer of said parcel; Thence N89*59'20"E, along the North line of said Block 64, a distance of 220.00 feet to said Point of Beginning. Said parcel contains 1.02 acres and is subject to easements and restrictions ofrecord,(the "Property"). The City will receive and consider competing proposals for the development of the entire area encompassing the Property as provided herein. 2. It is hereby determined that the disposition price of the Property, for outright purchase of the same, shall be not less than its fair value for use in accordance with the Plan. This Council has previously retained a qualified independent appraisal firm to determine the fair value of the Property. If any additional work needs to be performed to finalize such value, the Director of Planning is directed to obtain such final appraisal. 3. It is hereby determined that in order to qualify for consideration for selection, each Redeveloper must submit a proposal which is in conformance with the Redeveloper Guidelines attached hereto as Exhibit A, and which must: a. provide for the construction of a mixed use commercial-residential complex with a minimum assessed value for property tax purposes of not less than $22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property; b. include and provide for the Redeveloper's purchase of the Property at not less than the amount of the fair value thereof for use in accordance with the Plan; c. include and provide for the redevelopment of the Property in conformance with the Plan; d. contain a preliminary construction schedule or contract provision which provides for completion of building construction on or before November 1, 2005; e. include a written commitment for permanent financing or provide through other means acceptable to the City similar demonstrative evidence of the financial capacity of the Redeveloper to timely commence and complete the proposed redevelopment activities; f. set out or provide through other means acceptable to the City the Redeveloper's experience in working with other public/private development projects and with construction projects of the magnitude contemplated in the proposal; g. set out or provide through other means acceptable to the City the experience of the principals and key staff who will be directly engaged in the performance of the contract in carrying out projects of similar scale and character; and h. include a statement of intent to enter into an Agreement for the Improvement and Sale of Land for Private Redevelopment with the City with respect to the Property, including as a part thereof a Minimum Assessment Agreement providing for a minimum assessed value of the completed improvements in an amount of not less than $22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. 4. Each proposal submitted which satisfies the foregoing Redeveloper Guidelines, as determined by the City, shall be reviewed on the basis of the strength of such proposal following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project and the hard costs per square foot of each element of the project. (2) The types of materials to be used in the construction of the project. (3) Overall project amenities. Architectural Design of the Proposed Development: (1) The compatibility of the design with adjacent structures, vistas, pedestrian traffic, vehicular activities and future development of adjacent properties. (2) The functional design of the site, the structures and all public spaces. (3) The aesthetic quality of the development and its sensitivity to the use and future development of adjacent properties. (4) The type, size and arrangement of facades or signage along each street frontage. Economic Feasibility of the Proposed Development: (1) The feasibility of the proposed development based upon its responsiveness to identified market needs and the extent and the nature of the marketing effort proposed. (2) The economic return to the City provided by the proposed development, including but not limited to, the property and sales taxes generated, the number of jobs provided, and the encouragement of similar and related development in the area. (3) The ability of the prospective Redeveloper to finance and complete the project as proposed. (4) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. 5. The proposal of the Redeveloper to enter into the proposed Agreement for the Improvement and Sale of Land for Private Redevelopment between the City and the Redeveloper with respect to the Property, be and the same is hereby approved as to form for the purpose hereinafter stated. 6. For the purpose of defining the offering of the Property for redevelopment, said Agreement for the Improvement and Sale of Land for Private Redevelopment shall be deemed to be illustrative of the minimum proposal acceptable to the City with respect to: (a) general form of the proposal; (b) representations and warranties of Redeveloper; (c) condition, preparation and conveyance of the Property; (d) construction of minimum improvements; (e) mortgage financing; (f) covenants of the Redeveloper; (g) indemnification; (h) remedies; (i) Redeveloper's option to terminate; (j) miscellaneous provisions; and (k) all exhibits; provided, however, that each competing proposal shall be permitted: (1) to devise and present its own design for development of the Property so long as the Redeveloper Guidelines set out in Exhibit A are met; (2) To devise and report its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely manner; and (3) To allow taking possession of the Property to be delayed after the execution of the contract up to October 15, 2003. No other substantive deviations shall be permitted. 7. It is hereby determined that the Agreement for the Improvement and Sale of Land for Private Redevelopment (Exhibit B) submitted by the Redeveloper satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted, the City intends to enter into said Agreement for the Improvement and Sale of Land for Private Redevelopment. 8. It is hereby determined that the Redeveloper possesses the qualifications, financial resources and legal ability necessary to acquire and redevelop the Property in the manner proposed by this offering and in accordance with the Plan. 9. It is hereby determined that the price for the Property offered by the Redeveloper is not less than the fair value thereof for uses in accordance with the Plan and is hereby approved. 10. The City Clerk shall receive and retain for public examination the attached Agreement for the Improvement and Sale of Land for Private Redevelopment (Exhibit B) for rehabilitation of the Property submitted by the Redeveloper and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice period hereinafter prescribed. 11. This action of the Council shall be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Redeveloper to acquire and develop the Property and to enter into said Agreement for the Improvement and Sale of Land for Private Redevelopment by and between the City and the Redeveloper. 12. The Official Notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into the Agreement for the Improvement and Sale of Land for Private Redevelopment by and between the City and the Redeveloper, shall be a true copy of this Resolution, but without the attachments referred to herein. All of said attachments shall be on file for public inspection at the office of the City Clerk, 410 E. Washington Street, Iowa City, Iowa, 52240-1826. 13. The City Clerk is authorized and directed to secure immediate publication of said Official Notice in the Iowa City Press Citizen, a newspaper having general circulation in the community by publication of the text of this resolution. 14. Written proposals for the sale and redevelopment of the Property will be received by the City Clerk at or before 9:00 A.M. on July 15, 2002. Said proposals will be received in the City Clerk's Office, located at 410 E. Washington Street, Iowa City, Iowa, 52240-1826. Each proposal will then be publicly opened at the hour of 10:00 A.M. in the City Council Chambers, 410 E. Washington Street, Iowa City, Iowa, on that same date. Said proposals will then be presented to the City Council at 7:00 P.M. on July 15, 2002, at a meeting to be held in the City Council Chambers, 410 E. Washington Street, Iowa City, Iowa. 15. The Property shall be competitively offered for sale on the terms and conditions set forth herein and such offering shall be in substantial conformance with the provisions of Section 403.8(2), Code of Iowa, requiring "reasonable competitive bidding procedures" as the same are herein prescribed, which method is hereby determined to be the appropriate method for making the Property available for redevelopment. 16. The required documents for submission of a proposal shall be in substantial conformity with the provisions of this Resolution and shall include those forms and documents listed in the Redeveloper Guidelines (Exhibit A). 17. The City Clerk is hereby nominated and appointed as the agent of the City of Iowa City, Iowa to receive proposals for the sale of the Property at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of any such proposals. The Director of Planning is hereby authorized and directed to make a preliminary analysis of each such proposal for compliance with the Redeveloper Guidelines . established by this Council hereinabove and to advise the Council with respect thereto. The Council shall judge the strength of the proposals meeting the foregoing Redeveloper Guidelines by the Competitive Criteria approved above and shall make the final evaluation and selection of a proposal. 18. If, and only if, competing proposals are received and determined by the Council to meet the Redeveloper Guidelines, the Redeveloper shall have until 3:00 P.M. on August 13, 2002 to amend its proposal in response thereto and to deliver same to the City Clerk. In such event, the Council shall schedule a meeting within four days after August 16, 2002, at which meeting there shall be a bid-off conducted by the City Clerk. During such bid-off, each competing proposal shall bid against the other, starting with the second proposal received and continuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The roles of such bid-off shall be as informally determined by the City Clerk at or before such bid-off period and shall be absolute. 19. In the event another qualified proposal is timely submitted and accepted after the conclusion of the procedure set forth in the preceding paragraph, another and further notice shall be published of the intent of the City to enter into the resulting contract, as required by law. PASSED AND APPROVED this ! t day of d'-~to~:_ ,2002. ATTEST: lerk CIG~3 9/91 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the fight of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this tl day of ,2',~,4 ~ ,2002. City~lerk, Iowa City, Iowa SEAL KGOODPAS TERX321304\1 \ 10714,068 10 EXHIBIT A REDEVELOPERS GUIDELINES A. General The following information is for the guidance of redevelopers who are preparing a redevelopment proposal in response to the offering described in Resolution No. 02-214 of the City Council of Iowa City, Iowa (the "City") adopted on dune 11 ., 2002. This is not all inclusive, and redevelopers are responsible for investigation of all matters which they take into consideration in preparing a redevelopment proposal. In addition, these Redeveloper Guidelines contain certain items which the redeveloper is required to submit, and which the City will need to enable it to evaluate each proposal. Redevelopment proposals will be accepted for the development of the entire area only. Redevelopment proposals are to be in accordance with all relevant federal, state and local laws and regulations, including any zoning ordinances and building codes. Proposals are also to be in accordance with the Urban Renewal Plan for the Urban Renewal Area, as adopted by the City Council (the "Plan"). B. Description of the Project 1. Property Being Offered All that certain parcel or parcels located in Iowa City, Johnson County, State of Iowa, more particularly described as: Beginning at the Northeast comer of Block 64, Original Town, Iowa City, Iowa; Thence S00*07'00"E, along the East line of said Block 64, a distance of 196.48 feet to the Southeast comer of an amended easement agreement recorded in Book 725 at Page 327 in the Office of the Johnson County Recorder and the Northeast comer of the City of Iowa City parking ramp; Thence S89'51'17"W, along the Southerly line of said amended easement agreement and the Northerly building face of said parking ramp, 20.04 feet; Thence S00'04'14'W, along said Southerly line and said Northerly building face, 3.30 feet; Thence N89*55'47"W, along said Southerly line and said Northerly building face, 201.95 feet, to the Southeast comer of a parcel of land recorded in Book 1320 at Page 5 in said Recorder's Office; Thence N00*07'00"W, along the Easterly line of said parcel, 199.54 feet to the Northeast comer of said parcel; Thence N89*59'20"E, along the North line of said Block 64, a distance of 220.00 feet to said Point of Beginning. Said parcel contains 1.02 acres and is subject to easements and restrictions of record, (the "Property"). 2. Present Ownership of Property The Property is presently owned by the City. 3. Proposed Redevelopment and Objectives All project proposals shall provide for the construction of a mixed use commercial-residential complex or other commercial development with a minimum assessed value for property tax purposes of not less than $22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. All project proposals must be in compliance with all applicable City Code and building regulations. 4. Proposed Land Use Land use is intended to be mixed use commercial-residential, and developed as stated above and shall be taxable property. 5. Land Acquisition The redeveloper's proposal should specifically provide for the redeveloper's acquisition of all the Property. 6. Statement of Redeveloper's Qualifications The redeveloper must provide adequate evidence, information and data to the City of the redeveloper's financial ability to construct and complete the project proposal, and must provide such further information as required or requested by the City from time to time. The right is reserved for the City to reject any proposal where an investigation of the available evidence or information does not satisfy the City that the redeveloper is qualified to properly carry out the development. 7. Knowledge of the Disposition Tract and Documents 2 Each redeveloper should visit the project site and become fully acquainted and informed regarding the existing conditions and the difficulties, if any, and restrictions affecting development of the tract. The redeveloper should thoroughly examine, and become familiar with all parts of the documents affecting same. The redeveloper, by execution of the eventual redevelop- ment agreement, shall in no way be relieved of any of its obligations due to failure to receive or to examine any form of legal instrument, or failure to visit the tracts to examine existing conditions. The City will be justified in rejecting any claim based on facts which the redeveloper should have noted or become aware of. 8. Land Conveyance The City will sell, lease or otherwise transfer the Property to the approved redeveloper, and will enter into a contract for such purposes, provided the uses, private or public, proposed by the redeveloper are consistent with the Project Area and the Plan therefor. Such contracts shall be subject to the approval of the City and to such covenants, conditions and restrictions including covenants running with the land, as may deemed to be necessary or desirable by the City pursuant to the purposes of the Urban Renewal Law and the Plan. The ultimate purchasers and their successors and assigns shall be obligated to devote such Property only to the uses specified in the Plan and the development contract. The Property shall be transferred to the ultimate purchaser as rapidly as feasible in the public interest, consistent with carrying out the provisions of the Plan. The redeveloper must submit to the City as part of its proposal a contract or contracts for any such sale, lease or transfer of real property or interest therein deemed essential to the development. Not less than thirty (30) days after the City indicates its intention to accept the proposal of a redeveloper pursuant to the Urban Renewal Law, the City will execute such contract and make any necessary arrangements in said contract to deliver deeds, leases or other instruments and take all other steps necessary to effectuate such contract or contracts. 9. Land Price The Property sold, leased or otherwise transferred, or retained by the City pursuant to the proposal of the redeveloper, will be done so at not less than its fair value for uses in accordance with the Plan. In determining the fair value of real property for uses in accordance with the Plan, the City shall take into account and give consideration to the following: the uses provided in the Plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser, or by the City if property is to be 3 retained by the City; and the objectives of the Plan for the development of the specified project. C. Submission Requirements Redevelopers also will be required to submit, in form and manner acceptable to the City, the following materials or other evidence of same: 1. Statement containing the redeveloper's name, address, telephone number, and name of person(s) authorized to represent the development team. 2. Statement describing the development team's experience, background and accomplishments pertinent to the proposal. 3. Brief Project description including steps required by the City and redeveloper to implement the project. 4. Site Plan showing limits of the Property, approximate building dimensions, parking layout, ingress and egress to the site, loading areas, landscaped areas, and adjoining streets, and/or architectural or other drawings adequate to convey the character and design of the proposed project. 5. Firm financial commitment for construction and permanent financing or demonstration of ability to timely finance the project. 6. Detailed Project schedule, which schedule shall require construction to commence promptly upon acquisition of the Property and be completed by November 1, 2005. 7. Land price. 8. Form of contract for sale and development of the Property. D. Reservation The City reserves the right to reject all proposals and to make recommendations for changes in any proposal submitted and may, in the process of this recommendation, allow the redeveloper to make such recommended changes in its proposal. The City reserves the right to require additional information from the redeveloper, financial or otherwise, and to hold meetings with any redeveloper to review the offer and redevelopment proposal and to waive any of the requirements set forth herein. 4 E. Selection of Redeveloper A redevelopment agreement will be accepted from the redeveloper submitting a redevelopment proposal that the City deems to be in the public interest, and for the best redevelopment of the Project Area, taking into account the factors and Competitive Criteria set forth by the City Council in the resolution offering the Property for sale. The City will also take into account, among other factors, the quality of proposed development as reflected in the proposal and conformity with the enclosed documents, including these Redeveloper Guidelines. The successful redeveloper will be notified by the City. F. Assignment of Interest No redeveloper shall assign or transfer to any other person or corporation, any interest in his proposal prior to the award of a contract for private development without the express written authorization of the City. After award of such contract and until the proposed development has been completed, no interest in the contract may be assigned or transferred without the written consent of the City except as set forth in the Agreement for Private Redevelopment, and the City reserves the right without qualification, to require of any proposed assignee the same qualifications and financial responsibility and such other requirements made of the original redeveloper pursuant to the instructions herein contained. G. Redevelopment Plan The contract documents with the redeveloper will conform with applicable local, State and Federal statutes, ordinances and regulations referred to in Paragraph I hereof, and in furtherance of the Plan as approved and adopted. H. Subsoil Investigations No test borings of the parcels now being offered have been made prior to this offering. The City makes no guarantees or representations as to the suitability of the subsoil conditions. I. Redevelopment Pursuant to Federal, State and Local Laws These Redeveloper Guidelines and all disposition procedures are subject to all provisions of applicable statutes of the United States of America, the Iowa Urban Renewal Statute, Chapter 403 Code of Iowa, and applicable laws, codes, and ordinances of lowa City, Johnson County, Iowa including but not limited to zoning and building regulations and the Plan. 5 KGOODPASTER\293085 1 \10714068 EXHIBIT B AGREEMENT FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, and PLAZA TOWERS, L.L.C. And MARC MOEN, MONICA MOEN, & MICHAEL MOEN Exhibit A Map of Urban Renewal Area Exhibit B Legal Description of Urban Renewal Area Exhibit C Redeveloper's Proposal Exhibit D Minimum Improvements and Uses Exhibit E Legal Description of Redevelopment Property and Vogel Property Exhibit F Public Access Easement Agreements Exhibit G Off-Site Parking Agreement Exhibit H Minimum Assessment Agreements for Redevelopment Property and Vogel Property Exhibit 1 Memorandum of Agreement Exhibit J Opinion of Counsel INTRODUCTION THiS AGREEMENT FOR, IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT is by and between the City of Iowa City, Iowa, a municipality ("City"), established pursuant to the Code of Iowa of the State of Iowa and acting under lhe authorization of iowa Code Chapter 403 (2001), as amended, ("Urban Renewal Act") and Marc Moen, Monica Moen and Michael Moen, comprising Plaza Towers, L.L.C., (hereinafter referred to as "Redeveloper"), a limited liability corporation organized under the laws of the State of Iowa and having an office for the transaction of business at 123 N. Linn Street, Iowa City, Iowa and Marc Moen, Monica Moen and Michael Moen for purposes of being obligated under the terms of the Minimum Assessment Agreement for the Vogel Property being executed pursuant hereto. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City and the Redeveloper for the redevelopment of the property in downtown Iowa City known as Parcel 64- la, an urban renewal parcel. WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of certain areas in the City and has undertaken an economic development area in the City; and WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City-University Project I Urban Renewal Plan (Project No. IA R-14), (the "Urban Renewal Plan"), which plan has been modified and amended from time to time; WHEREAS, said Plan was adopted for the Central Business District ("Project Area") which is shown on Exhibit "A" and legally described on Exhibit "B"; and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of this Agreement has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, such Urban Renewal Plan permits the City to respond to development opportunities as and when they may appear; and WHEREAS, in response to the City's request for proposals for redevelopment of the subject property, the Redeveloper submitted a private redevelopment proposal titled "Plaza Towers", which proposal consists of conference facilities, hotel suites, apartment/condominium units and specified commercial space, including a grocery store, all as shown on the Redeveloper's proposal, attached as Exhibit "C" (hereinafter, "the Project") and the description of Minimum Improvements and Uses, attached as Exhibit "D"; and WHEREAS, the City has determined the Project is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws, including but not limited to Iowa Code Chapters 15A and 403; and WHEREAS, as part of the Project the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area as more particularly described in Exhibit "E" annexed hereto and made a part hereof ("Property"); and WHEREAS, the Redeveloper is willing to develop or cause the Property to be developed for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with this Agreement by constructing the Project facility and incorporating the uses outlined in this Agreement and the Redeveloper's proposal. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: PART I Section 1. Construction and Uses. The Redeveloper's construction on Parcel 64-1a will consist of a multi-use structure generally consistent with the redevelopment proposal shown on Exhibit "C" as submitted by the Redeveloper on August 3, 2001 in response to the City's Request for Proposals to Purchase Urban Renewal Parcel 64-1a for a Private Redevelopment Project and as described more fully on Exhibit D (Minimum Improvements and Uses). The Redeveloper hereby commits to a Project that includes a minimum total of $22,265,000 in construction costs, inclusive of architectural fees. The alley south of the project site shall remain two way with appropriate signage provided by the City. The alley shall be kept clear at all times and an 18-foot overhead clearance shall be maintained. The alley shall remain public and the City may enforce all applicable parking and traffic laws within said alley. The alley may be used for the site of the drive-up book drop for the Iowa City Public Library. The City shall provide surface maintenance on the alley, however, the Redeveloper and the owners of the adjacent hotel property (currently the Sheraton) shall be responsible for clearing the alley of any snow, ice and/or other debris. A public access easement as set forth on Exhibit F shall be provided over private surface parking at the south end of the project site. Section 2. _Representations and Warranties of Redeveloper. The Redeveloper makes the fbllowing representations and warranties: (1) The Redeveloper is a limited liability company duly organized under the laws of the State of Iowa, has power to enter into this Agreement and to perform its obligations hereunder, and is not in violation of any provisions of its articles of organization, operating agreement, any other agreement or the laws of the State of Iowa. (2) The Redeveloper has the full power and authority to execute this Agreement and this Agreement shall constitute the legal, valid and binding obligation of the Redeveloper in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by the Redeveloper or the consummation of the transaction contemplated hereby. (3) The making and performance of this Agreement by the Redeveloper and the execution and delivery of the documents to be delivered by the Redeveloper pursuant hereto, have been duly authorized by all necessary action of the Redeveloper, and this Agreement and such documents will be valid and binding obligations of the Redeveloper enforceable in accordance with their terms. (4) The Redeveloper will cause the Minimum Improvements to be constructed, operated and maintained in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for minor variances necessary to construct the Minimum Improvements contained in any Construction Plans approved by the City. (5) The Redeveloper will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The Redeveloper's Architect will work with the City's staff Design Review Committee on the final designs of the project. The Design Review Committee will ultimately approve or disapprove the exterior design of the building. This agreement is contingent on the Redeveloper's Architect and the City's staff Design Review Committee reaching agreement on the exterior design of the building. (6) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. (7) The Redeveloper will spend enough in construction of the Minimum Improvements, when combined with the value of the Property and related site improvements, to equal or exceed the Assessor's Minimum Actual Value set forth in Section 8 of this Agreement. The Redeveloper estimates that the Assessor's Minimum Actual Value set forth in Section 8 of this Agreement is a reasonable estimate of the actual value for ad valorem tax purposes. 5 (8) The Redeveloper has not received any notice from any local, state or federal official that the activities of the Redeveloper with respect to the Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has been notified). The Redeveloper is not aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure, and the Redeveloper is not aware of any violation of any local, State or federal law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute. (9) The financing commitments which the Redeveloper will proceed with due diligence to obtain to finance acquisition or construction of the Minimum Improvements will be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. Redeveloper will obtain all financing commitments necessary for the construction of the Minimum Improvements by July 1, 2003, and provide a copy of such commitments to the City by such date. This agreement is contingent upon Redeveloper obtaining financing upon terms and conditions satisfactory to Redeveloper. In the event such financing is not obtained by Redeveloper by July 1, 2003, Redeveloper shall have the right to terminate this agreement. (10) The Redeveloper will cooperate fully with the City and the owner of the property contiguous to the subject Property in resolution of any traffic, parking, trash removal, public safety or any other problems which may arise in connection with the construction and operation of the Minimum Improvements. The Redeveloper will coordinate staging for construction of the Minimum Improvements with the contractor for the Public Library project. Section 3. Purchase Price. Subject to all the terms, covenants and conditions of this Redevelopment Agreement, the City will sell the Property to the Redeveloper for, and the Redeveloper will purchase the Property from the City and pay therefore the amount of $250,000 (the Purchase Price), which shall be paid to the City in immediately available funds at closing. Section 4. Conveyance of Property. (a) Form of Deed. The City shall convey to the Redeveloper title to the Property by WatTanty Deed ("Deed"). Such conveyance and title shall, in addition to all conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to all conditions, covenants and restrictions contained in the Urban Renewal Plan. (b) Recordation of Deed. The Redeveloper shall promptly file the Deed for recordation among the land records in the office of the Recorder of Johnson County, lowa. The Redeveloper shall pay all costs for so recording the Deed and a Memorandum of Agreement provided for in Section 805. (c) Abstract of Title. The City, at its expense, shall provide an Abstract of Title on the subject property continued through August 31, 2003, for examination by the Redeveloper. The City shall deliver said Abstract to Redeveloper by September 15, 2003, after which the Redeveloper shall have thirty (30) calendar days to examine same and issue a preliminary title opinion. The Abstract shall become the property of the Redeveloper at the time of delivery of the Deed for the parcel, and such Abstract shall show good and merchantable title in the City in conformity with this Agreement, Iowa Law, and the Title Standards of the Iowa State Bar Association, and shall show title free and clear of all taxes, encumbrances, easements, covenants, reservations and restrictions, except as otherwise agreed to herein, which shall be subject to approval of Redeveloper after examination of the abstract of title and review of the specific terms of any easements and restrictions, including but not limited to zoning ordinances, existing easements, restrictions or reservations, including but not limited to, those established by the Urban Renewal Plan. After examination of the Abstract of Title by the Redeveloper, the Abstract of Title shall be held by the City until delivery of the Deed to the Redeveloper for the subject parcel. Section 5. Time for Commencement and Completion of Minimum Improvements. The construction of the Project and Minimum Improvements referred to in Section 301 of Part II hereof shall commence not later than November 1, 2003, and shall be completed on or before November 1, 2005. Section 6. Time for Closing and Certain Other Actions. (a) Progress Reports and Time for Submission of Construction Redeveloper will keep the City informed regarding the status of the project by responding to inquiries from representatives of the City and furnishing progress reports as reasonably requested. Redeveloper agrees to provide to the City design development drawings showing preliminary floor plans, elevations and related information no later than 180 calendar days from the date of this Agreement. No formal response will be required from the City to these design development drawings, however, the City will alert Redeveloper of any code violations or other design issues that would impact the acceptance of the Construction Plans. The time within which the Redeveloper shall submit its initial "Construction Plans" (as defined in Section 301 of Part ii hereof) to the City in any event, pursuant t9 Section 301 of Part II hereof, shall be not later than 360 calendar days from the date of this Agreement. Within 30 calendar days of submittal, the City shall review and approve or reject and make recommendations for corrections to said Construction Plans. The City's review of said Construction Plans shall be based on the Urban Renewal Plan, all applicable codes and any additional requirements imposed on the Redeveloper under this Agreement. (b) Time for Submission of Corrected Construction Plans. Except as provided in Paragraph (c) of this Section 6, the time within which the Redeveloper shall submit any new or con'ected Construction Plans as provided for in Section 301 of Part II hereof shall be not later than thirty (30) days after the date the Redeveloper receives written notice from the City of the City's rejection and recommendations for corrections to the Construction Plans referred to in the latest such notice. (c) Maximum Time for Approved Construction Plans. In any event, the time within which the Redeveloper shall submit Construction Plans which conform to the requirements of Section 301 of Part II hereof and are approved by the City shall be not later than ninety (90) calendar days after the date the Redeveloper receives written notice from the City of the City's first rejection and recommendations for corrections to the original Construction Plans submitted to it by the Redeveloper. (d) Time for City Action on Change in Construction Plans. The time within which the City may reject any change in the Construction Plans, as provided in Section 302 of Part II hereof, shall be fourteen (14) calendar days after the date of the City's receipt of notice of such change. (e) Time for Submission of Evidence of Financing Ability. On or before July 1, 2003, the Redeveloper shall submit to the City evidence satisfactory to the City that the Redeveloper has the financial ability and commitments for construction and mortgage financing necessary for construction of the Minimum Improvements, as provided in Section 301 of Part 11 hereof. (f) Time for Application for On-Site Parking. After submission of the Redevelopers' Construction Plans as outlined above, and before conveyance of the Property, the City shall make application to the Iowa City Board of Adjustment for approval of a special exception to allow on-site parking in the CB-10 zone on behalf of the Redeveloper to accommodate the on-site parking within the Project as shown on the Construction Plans. (g) Time and Place for Closing and Delivery of Deed. If the conditions precedent to closing set forth in Section 7 have been satisfied, the City shall deliver the Deed and possession of the Development Property to the Redeveloper on or before October 15, 2003, or on such other date as the parties hereto may mutually agree in writing (the "Closing Date"); provided, however that in the event the conditions precedent to closing have not been satisfied, either the City or Redeveloper may terminate this Agreement or waive or extend the time for satisfaction of such conditions precedent. Conveyance of the Warranty Deed shall be made at the principal office of the City on the Closing Date and the Redeveloper shall accept such conveyance and pay to the City at such time and place the Purchase Price in immediately available funds. Section 7. Conditions Precedent to Conveyance of Property. The City's obligation to convey title and possession of the Property to the Redeveloper on the 8 Closing Date and Redeveloper's obligation to accept title and possession of the Property on the Closing Date, shall be subject to satisfaction of the following conditions precedent: (a) The Redeveloper and the City shall be in material compliance with all the terms and provisions of this Agreement; (b) The Redeveloper shall have submitted to the City Construction Plans for the Project, and such Construction Plans shall have been approved by the City pursuant to Section 6 of this Agreement, including certification that the plans are in compliance with the Urban Renewal Plan. The Construction Plans will, among other things, contain specifics for the grocery store and hotel referred to on Exhibit C. (c) The Redeveloper shall have furnished the City with evidence, in a form satisfactory to the City (such as a letter of commitment from a bank or other lending institution), that the Redeveloper has firm commitments for construction and permanent financing acceptable to Redeveloper for the Project in an amount sufficient, together with equity commitments, to complete the Project in conformance with the Construction Plans, or the City shall have received such other evidence of the Redeveloper's financial ability as in the reasonable judgment of the City is required; (d) The Redeveloper shall have furnished the City with evidence in a form satisfactory to the City of the acquisition of performance and payment bonds for the Project; (e) The City shall have completed the sale of City issued Bonds financing its costs of the Project on such terms and conditions as the City shall have determined to be acceptable to it, in its sole discretion; (f) Execution of a Minimum Assessment Agreement by the City, the City Assessor and the Redeveloper pursuant to Section 8 of this Agreement; (g) Execution of Public Access Easement Agreements pursuant to Section 1 of this Agreement; (h) Granting of special exception for On-Site Parking satisfactory to Redeveloper; (i) Execution of an Off-Site Parking Agreement pursuant to Exhibit G; (j) Receipt of an opinion of counsel to the Redeveloper in the form attached hereto as Exhibit J. (k) Agreement of the Redeveloper's architect and the City's staff Design Review Committee on the exterior design of the building. If such agreement is not reached, Redeveloper has the right, at its option, to terminate this Agreement. Section 8. Minimum Assessment Agreement. The Redeveloper acknowledges and agrees that the grant to the Redeveloper provided for in Section 102 of Part II of this Agreement contemplates that sufficient property tax revenues will be generated from the Project and another development which the Redeveloper is presently constructing within the Central Business District Urban Renewal Area (the "Vogel Property"- legally described on Exhibit "E") will be sufficient to repay the cost of the bonds referred to in Section 102 of Part II of this Agreement. In order to induce the City to make such grant and issue such bonds, Redeveloper agrees to enter into a Minimum Assessment Agreement to establish a Minimum Actual Value for the land and Minimum Improvements for this Project and the land and improvements constituting the Vogel Property. The Redeveloper acknowledges and agrees that it, or the owners of condominium units sold, will pay when due all taxes and assessments, general or special, levied upon or assessed or placed against the Property and Minimum Improvements thereon, and the Vogel Property and further agrees that prior to the final maturity date of all bonds, notes or other obligations issues by the City to finance its costs of the Project: (a) it, or the owners of condominium units sold, will not seek administrative or judicial review of the applicability of any tax statute determined by any official to be applicable to the Property or the Redeveloper, or the owners of condominium units sold, or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (b) it, or the owners of condominium units sold, will not seek administrative or judicial review of the constitutionality of any tax statute determined by any official to be applicable to the Property or the Redeveloper or the owners of condominium units sold, or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (c) except as set forth below, it will not cause a reduction in the taxable valuation upon which real property taxes are paid with respect to the Project, which consists of a multi-use structure generally consistent with the redevelopment proposal shown on Exhibit "C" as submitted by the Redeveloper, on August 3, 2001 in response to the City's Request for Proposals to Purchase Urban Renewal Parcel 64-I a for a Private Redevelopment Project (and as more specifically outlined in Exhibit D Minimum Improvements and Uses), below the amount of $10,527,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property as of January 1, 2005, and below the amount of $22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of 10 the property as of January 1, 2006 and for the Vogel Property below the amount of $3,000,000 as of January 1, 2003, ("Minimum Actual Value") through: (i) willful destruction of the Property, the Vogel Property or any part thereof; (ii) a request to the City Assessor of Iowa City, Iowa to reduce the Minimum Actual Value of the Property or the Vogel Property below the amount noted above; (iii) an appeal to the board of review of the City of Iowa City or to the board of review of Johnson County to reduce the Minimum Actual Value of the Property or the Vogel Property below the amount noted above; (iv) a petition to the board of review of the State of Iowa or to the Director of Revenue and Finance of the State of Iowa to reduce the Minimum Actual Value of the Property or the Vogel Property below the amount noted above; (v) an action in any District Court of the State of Iowa seeking a reduction in the Minimum Actual Value of the Property or the Vogel Property below the amount noted above; (vi) an application to the Director of Revenue and Finance of the State of Iowa requesting an abatement of real property taxes pursuant to any present or future statute or ordinance; (vii) any other proceedings, whether administrative, legal or equitable, with any administrative body within the City of Iowa City, Johnson County, or the State of Iowa or within any court of the State of Iowa or the federal government. The Redeveloper, or owners of condominium units sold, shall not, prior to the final maturity date of the bonds, notes or other obligations issued by the City to finance its costs of Contribution to the Project, as outlined in Section 102 of Part II hereof, cause or voluntarily permit the Property or the Vogel Property to become other than taxable property (except as permitted herein), to be taxable at an amount less than the Minimum Actual Value noted above, to be owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Project Area in its entirety, to be owned by any entity having tax exempt status, or apply for a deferral of property tax on the Property or the Vogel Property pursuant to any present or future statute or ordinance. Nothing contained herein is intended to, and shall not be construed to, in any way limit Redeveloper's right to sell condominium units in the Project or the Vogel Property at any time subject to the terms of this Agreement and the applicable Minimum Assessment Agreement. 11 The Redeveloper, and owners of condominium units sold, agree that they are bound by the applicable Minimum Assessment Agreement attached as Exhibit H, fixing the Minimum Actual Value of the Project and the Vogel Property as approved by the Assessor and the City as set forth herein. The Redeveloper recognizes that the grant to the Redeveloper pursuant to the Agreement is conditional upon sufficient property taxes being generated by this Project and the Vogel Property to repay the costs of the bonds issued to make such grant. The City will need property taxes from the Project in the amounts and at the times set forth in Schedule Y to the applicable Minimum Assessment Agreement. If for any reason the property taxes are less than the amount set forth on Schedule Y for any fiscal year, the assessor shall increase the assessed value of the Project and/or Vogel Property for the next fiscal year in an amount to cover such property tax deficiency. The Redeveloper contemplates that a portion of the Project will be residential condominium units which will be subject to the property tax "roll-back" referred to previously. The Redeveloper agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa 2001 an attachment to the declaration for the units constituting a part of the Project will be executed by the Redeveloper, the City and the city assessor allocating a portion of the Minimum Actual Value to each unit. For the Vogel Property such allocation shall be made and agreed upon prior to July 31,2002. The Redeveloper agrees that the difference between the Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) and the amount allocated to the residential condominium units (as set forth in paragraph 4 hereof) for the Project and the Vogel Property will be allocated to the remainder of the Project and the Vogel Property respectively, The Minimum Actual Value herein established shall be of no further force and effect and the Minimum Assessment Agreements shall terminate twenty years from the issuance of the bonds or when the bonds are paid off, whichever is earlier. If prior to the expiration of the Minimum Assessment Agreement for the Project, the combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedules attached to the Minimum Assessment Agreements for the Project and the Vogel Property, then the Redeveloper may take advantage of any roll-backs in valuation attributable to the Vogel Property and the Project to the extent of the excess property tax revenue attributable to the Project and the Vogel Property. If prior to the expiration of the Minimum Assessment Agreement for the Project, the combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedules attached to the Minimum Assessment Agreements for the Project and the Vogel Property, then the Redeveloper may seek a reduction in the assessed value of the Project and the Vogel Property to the extent of the excess property tax attributable to the Project and the Vogel Property. 12 Nothing herein shall be deemed to waive the Redeveloper's rights or owner's rights of condominium units sold, under Iowa Code section 403.6(19) (2001), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein, or to seek an exemption from taxation for that portion of the Property on the Vogel Property upon which the facility is constructed, but only if the Minimum Actual Value of the Property on the Vogel Property established herein, including any such portion, is not affected in any way, reduced in any amount or sought to be reduced as a result of any such action. The Minimum Assessment Agreement shall be certified by the Assessor for the City as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the County Recorder of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Property on the Vogel Property (or part thereof), whether voluntary or involuntary, and such Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage. If, for any reason, the Minimum Assessment Agreement is held to be invalid or unenforceable for any reason whether in whole or in part and the property tax revenue generated by the Project and the Vogel Property is insufficient to pay the cost of the bonds as they become due, the Redeveloper agrees to make a contractual payment to the City in the amount of the difference between the amount of the property tax revenue and such cost of the bonds. Section 9 Notices and,Demands A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Redeveloper, is addressed or delivered personally to the Redeveloper at Moen Law Offices, 123 N. Linn St., Suite 300, Iowa City, Iowa 52245, Attn: Marc Moen; and (b) In the case of the City, is addressed to or delivered personally to the City Manager at the Civic Center (City Hall), 410 E. Washington St, Iowa City, Iowa, 52240, or at such other address with respect to either party as that party may from time to time designate in writing and forward to the other as provided in this Section. Section 10. Counterparts. 13 The Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. PART II ARTICLE I. CITY CONTRIBUTION TO PROJECT Section 101. Assembly. The City has assembled the Property for redevelopment by the Redeveloper in accordance with the Urban Renewal Plan and this Agreement. Section 102. Further Contribution by City. In addition to the activities outlined in Section 101 above, the City further agrees to the following contributions in connection with the Project: (a) Subject to authorization required by state and federal law, the City agrees to sell not less than $6,000,000 general obligation or urban renewal tax increment revenue bonds or notes ("Bonds") with a 20 year repayment schedule to fund a construction grant to the Redeveloper and to finance the Project as outlined below provided, however, that the City may, in its sole discretion, fund such grant in whole or in part through any other means available to the City other than the sale of bonds. (b) Subject to authorization and sale of Bonds as set forth above, the City will make a construction grant for the use by the Redeveloper in the amount of $6,000,000. The grant funds shall be released to the Redeveloper on a pro rata basis with the proceeds of the construction loan for progress payments to the contractor based on Applications for Payment submitted to the Architect by the Contractor at such time as Certificates of Payment are issued by the Architect and in the amounts so certified. (c) The City shall pay all reasonable costs associated with a site survey of the Property. (d) The City shall provide a Phase I environmental report indicating that the Property has no contamination requiring remediation under existing federal and state environmental standards. If, however, any contamination is discovered which would require remediation under current standards, the provisions of Section 702 and 703 shall apply. ARTICLE Il. RIGHTS OF ACCESS TO PROPERTY Section 201. Right of Entry for Utility Service. The City reserves for itself, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the following public utilities located within the Property boundary lines: 14 a. storm sewer; b. water; and c. electricity. The City shall, within 60 days of the date this agreement is signed, provide Redeveloper with the location and description of all such utilities. If the location of any utility prevents, or makes impracticable, the placement of the contemplated building on the lot, the Redeveloper may terminate this agreement. Section 202. Redeveloper Not To Construct Over Utility Easements. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities unless such construction is provided for in such easement or has been approved by the City. If approval for such construction is requested by the Redeveloper, the City shall use its best efforts to assure that such approval shall not be withheld unreasonably. If relocation of such utilities is reasonable, Redeveloper shall pay all costs of such relocation. The City shall, within 60 days of the date this agreement is signed, provide Redeveloper with the location and description of all such easements. If the location of any easement prevents, or makes impracticable, the placement of the contemplated building on the lot, the Redeveloper may terminate this agreement. Section 203. Access to Property. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any part of the Property as to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out this Agreement. After the conveyance of the Property by the City to the Redeveloper, the Redeveloper shall permit the representatives of the City access to the Property at all reasonable times which it deems necessary for the purposes of this Agreement including, but not limited to, inspection of all work being performed in connection with the construction of the Minimum Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION Section 301. Plans for Construction of Improvements. Plans and specifications with respect to the redevelopment of the Property and the construction of certain improvements thereon, to consist of a multi-use structure generally consistent with the redevelopment proposal shown on Exhibit "C" as submitted by the Redeveloper on August 3, 2001 in response to the City's Request for Proposals to Purchase Urban Renewal Parcel 64-1a for a Private Redevelopment Project and the "Minimum Improvements" shown on Exhibit D and as outlined in Section 1, Part I above, 15 (hereinafter "Minimum Improvements"), shall be in conformity with the Urban Renewal Plan and this Agreement, and all applicable Federal, State and local laws and regulations. As promptly as possible after the date of this Agreement, and, in any event, no later than the time specified therefore in Paragraph (a), Section 6 of Part I hereof, the Redeveloper shall submit to the City, for approval by the City Departments of Planning, Public Works and Housing and Inspection Services, or their designee(s), plans, drawings, specifications, and related documents, and the proposed construction schedule (which plans, drawings, specifications, related documents, and progress schedule, together with any and all changes therein that may thereafter be made and submitted to the City as herein provided, are, except as otherwise clearly indicated by the context, hereinafter collectively called "Construction Plans" with respect to the "Minimum Improvements" to be constructed for the development by the Redeveloper on the Property), in sufficient completeness and detail to show that such "Minimum Improvements" and construction thereof will be in accordance with the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes. The City shall, if the Construction Plans conform to the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes, approve in writing such Construction Plans and no further filing by the Redeveloper or approval by the City thereof shall be required except with respect to any material change. The City will also then at that time, upon appropriate showing of compliance with the requirements of the previous sentence, issue the appropriate building permit(s). Failure by the City to identify a code deficiency during plan review does not, however, relieve the Redeveloper from any obligation to comply with all applicable code provisions. Such Construction Plans shall, in any event, be deemed approved unless rejection thereof in writing by the City, in whole or in part, setting forth in detail the reasons therefore, shall be made within thirty (30) calendar days after the date of their receipt by the City (and within fourteen (14) calendar days in the event of subsequent changes/resubmissions of said plans). If the City so rejects the Construction Plans in whole or in part as not being in conformity with the Urban Renewal Plan, this Agreement, or all applicable codes, the Redeveloper shall submit new or corrected Construction Plans which are in conformity with the Urban Renewal Plan, this Agreement, and all applicable codes within the time specified therefore in Paragraph (b), Section 6 of Part I hereof, after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection, and resubmission of corrected Construction Plans herein above provided with respect to the Construction Plans shall continue to apply until the Construction Plans have been approved by the City: Proyided, that in any event the Redeveloper shall submit Construction Plans which are in conformity with the requirements of the Urban Renewal Plan for the Project, this Agreement and all applicable codes, as determined by the City, no later than the time specified therefore in Paragraph (c), Section 6 of Part i hereof. All work with respect to the "Minimum Improvements" to be constructed or provided by the Redeveloper on the Property shall be in conformity with the Construction Plans as approved by the City. The term "Minimum Improvements", as used in this Agreement, shall be deemed to have reference to the "Minimum Improvements" as provided and specified in the Construction Plans as so approved and incorporated herein by Exhibit D. The City shall certify compliance at each stage of construction that the project is in compliance with the Urban Renewal Plan. Once certified, the City shall hold 16 Redeveloper harmless from any variance from the Urban Renewal Plan and shall constitute a waiver of any such variance. Section 302. Changes in Construction Plans. If the Redeveloper desires to make any substantial change in the Construction Plans after their approval by the City, the Redeveloper shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of Section 301 hereof with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City unless rejection thereof, in whole or in part, by written notice thereof by the City to the Redeveloper, setting forth in detail the reasons therefore, shall be made within the period specified therefore in Paragraph (d), Section 6 of Part I hereof. Section 303. Evidence of Equity Capital and Mortgage Financing. As promptly as possible and, in any event, no later than the time specified therefore in Paragraph (e), Section 6 of Part I hereof, the Redeveloper shall submit to the City evidence satisfactory to the City that the Redeveloper has the financial ability to construct the "Minimum Improvements". Section 304. Commencement and Completion of Construction of "Minimum Improvements". The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and each Deed or other conveyance shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the "Minimum Improvements" thereon, and that such construction shall in any event begin within the period specified in Section 5 of Part I hereof and be completed within the period specified in such Section 5. It is intended and agreed, and each Deed or other conveyance shall so expressly provide, that the Construction of the Minimum Improvements shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. Section 305. Notice of Delays. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the "Minimum Improvements" has been completed, the Redeveloper shall give prompt notice in writing to the City of any adverse development which would materially affect or delay the completion of such construction. Upon such notification and agreement by the City the completion date will be extended accordingly. Section 306. Certificate of Completion. 17 (a) Promptly after completion of the "Minimum Improvements" in accordance with those provisions of this Agreement relating solely to the obligations of the Redeveloper to construct the "Minimum Improvements" (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the Deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the "Minimum Improvements" and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the "Minimum Improvements", or any part thereof. (b) The certification provided for in this Section 306 shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) calendar days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the "Minimum Improvements" in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY Section 401. Restrictions on Use. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and each Deed or other conveyance shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper and such successors and assigns, shall: (a) Use its best efforts to devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan and the uses specified in Section 1, Part I of the Agreement, including Exhibits "C" and "D"; and (b) Not discriminate upon the basis of age, race, creed, color, disability, gender identity, marital status, sex, sexual orientation, religion or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any "Minimum Improvements" erected or to be erected thereon, or any part thereof. 18 Section 402. Covenants; Binding Upon Successors in Interest; Period of Duration. It is intended and agreed, and each Deed or other conveyance shall so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, the City and any successor in interest to the Property, or any part thereof, against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreements and covenants provided in subdivision (a) and (b) of Section 401 hereof shall remain in effect until January 1, 2023: Provided, That such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or any part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to the provisions of the Urban Renewal Plan, or similar language, in this Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. Section 403. City Rights To Enforce. Section. In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and each Deed shall so state) run in favor of the City, until January 1, 2023, during which time such agreements and covenants shall be in force and effect, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attorney's fees on appeal, if any. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 501. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to this 19 Agreement, are and will be used for the purpose of redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes: (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the City for the purpose of making such redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, and that the qualifications and identity of the Redeveloper are of particular concern to the community and the City. The Redeveloper recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Redeveloper. Section 502. Prohibition Against Transfer of Property and Assignment of Agreement. For the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) the Redeveloper (except as so authorized) has not made or created, and that it will not, before completion of the Minimum Improvements and receipt of a Certificate of Completion pursuant to Section 306, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) Notwithstanding the restrictions set forth in subparagraph (a) of this Section 502, the Redeveloper may: 1. Make such transfer or assignment only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the "Minimum Improvements" under this Agreement. 2. Lease space in the ordinary course of business for the purposes set forth in Exhibits C and D. 3. Sell condominium units in the Project at any time subject to the terms of the Minimum Assessment Agreement. 20 (c) The City shall be entitled to require, except for such transfers, assignments, leases, conveyances, or sales provided in subsection (b) of Section 502, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in £orm recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit o£ the City, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part), Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Property or the construction of the "Minimum Improvements"; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of or change with respect to ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Property and the construction of the "Minimum Improvements" that the City would have had, had there been no such transfer or change. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. 21 (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the "Minimum Improvements", if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of this Agreement or transfer of the Property (or any parts thereof) for profit prior to the completion of the "Minimum Improvements" and to provide that in the event any such assignment or transfer is made (and is not cancelled), the City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to this subdivision (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, That in the absence of a specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise, of its obligations with respect to the construction of the "Minimum Improvements", or from any of its other obligations under this Agreement. Section 503. Information as to Parties in Control. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of this Agreement and completion of the "Minimum Improvements" as certified by the City, the Redeveloper will promptly notify the City of any and all changes whatsoever with respect to the identity of the parties in control of the Redeveloper or, the degree thereof, of which it or any of its officers or members have been notified or otherwise have knowledge or information. Section 504. Status of Redeveloper; Transfer of Substantially All Assets. As security for the obligations of the Redeveloper under this Agreement, the Redeveloper represents and agrees that prior to January 1, 2011, the Redeveloper will maintain its existence as a limited liability company and will not wind up or otherwise dispose of all or substantially all of its assets or assign its interest in this Agreement to any other party; provided that the Redeveloper may sell or otherwise transfer to a partnership, corporation or limited liability company organized under the laws of one of the United States, or an individual, all or substantially all of its assets as an entirety or 22 assign its interest in this Agreement to any other party and thereafter wind up and be discharged from liability hereunder if (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Redeveloper under this Agreement and the Minimum Assessment Agreement; and (ii) the City receives such new security from the successor Redeveloper to assure completion and operation of the "Minimum Improvements" during the term of this Agreement as the City deems necessary or desirable and receives such evidence as the City shall reasonably require, including an opinion of counsel, that the existing performance and payment bonds and security provided pursuant to this Agreement will remain in effect and will be enforceable against the existing Redeveloper and issuer of such bonds upon a default by the successor Redeveloper with respect to completion or operation of the "Minimum Improvements". ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES Section 601. Limitation Upon Encumbrance of Property. Prior to the completion of the "Minimum Improvements", as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the "Minimum Improvements", including but not limited to engineering, development, legal and related Project costs (including costs of interior improvements, furnishings and fixtures), and (b) such additional funds, if any, in an amount not to exceed the sum of the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to this Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Official Urban Renewal Plan and this Agreement and is approved in writing by the City. Nothing herein is intended to, and should not be construed to, in any way limit Redeveloper from selling condominium units in the Project at any time or limit purchasers from placing mortgages on the condominium units subject to the terms of this Agreement and the Minimum Assessment Agreement. Section 602. Mortgage Holder Not obligated To Construct. Notwithstanding any of the provisions of this Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by this Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder or (b) any other purchaser at foreclosure sale other than the holder of 23 the mortgage itself ) shall not be obligated by the provisions of this Agreement to construct or complete the "Minimum Improvements" or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder Provided, That nothing in this Section or any other Section or provision of this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any "Minimum Improvements" thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in this Agreement. Section 603. Copy of Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under this Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by this Agreement at the last address of such holder shown in the records of the City. Section 604. Mortgagee's Option To Cure Defaults. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage Provided, That if the breach or default is with respect to construction of the "Minimum Improvements", nothing contained in this Section or any other Section of this Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the "Minimum Improvements" (beyond the extent necessary to conserve or protect "Minimum Improvements" or construction already made) ~vithout first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in this Agreement, the "Minimum Improvements" on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the "Minimum Improvements" relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 306 of this Agreement Section 605. City's Option To Pay Mortgage Debt or Purchase Property. In any case, where, subsequent to default or breach by the Redeveloper (or successor in interest) under this Agreement, the holder of any mortgage on the Property or part thereof: (a) has, but does not exercise, the option to construct or complete the "Minimum Improvements" relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or 24 (b) undertakes construction or completion of the "Minimum Improvements" but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in this Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to completion of the "Minimum Improvements" with respect to the Property or any part thereof by the Redeveloper or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to receive conveyance of title to the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum total of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any "Minimum Improvements" made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. Section 606. City's Option To Cure Mortgage Default. In the event of a default or breach prior to the completion of the "Minimum Improvements" by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which case the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by this Agreement, operation of law, or otherwise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City including reasonable attorney's fees in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, That any such lien shall be subject always to the lien of (including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by this Agreement. Section 607. Mortgage and Holder. For the purposes of this Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include a deed of trust. Section 608. Subordination and Modification for the Benefit of Mortgagees. 25 (a) In order to facilitate the obtaining of financing for the construction of the "Minimum Improvements" by the Redeveloper, the City agrees to subordinate its rights under the Deed and this Agreement to the holder of the First Mortgage for the purposes described in Section 601(a) of this Agreement, but only provided that the First Mortgage or a subordination agreement provides that if the holder of the First Mortgage shall foreclose on the Development Property, the improvements thereon, or any portion thereof, or accept a deed to the Development Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Market Value set forth in the Minimum Assessment Agreement. (b) In order to facilitate the obtaining of financing for the construction of the "Minimum Improvements", the City agrees that it shall agree to any reasonable modification of this Article VI or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to the Project and the Urban Renewal Plan. The City also agrees to consider such modification(s) of this Article VI with respect to other holders, and to agree to such modifications if the City deems such modification(s) necessary and reasonable. ARTICLE VII. REMEDIES Section 701. In General. Except as otherwise provided in this Agreement, in the event of any default or breach of this Agreement, or any of its terms or conditions, by either party herein, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to commence to cure or remedy such default or breach and shall complete such cure or remedy, within ninety (90) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach and shall complete such cure or remedy shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. Section 702. Termination by Redeveloper Prior to Conveyance. In the event that Redeveloper is in compliance with all of the terms of this Agreement and the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within thirty (30) days after the date of written demand by the Redeveloper then this Agreement shall, at the option of the Redeveloper, be terminated by written notice thereof to the City, and in the event Redeveloper elects to exercise its option to terminate neither the City nor the Redeveloper shall have any further rights against or liability to the other under this Agreement. Section 703. Termination by City Prior to Conveyance. In the event that: 26 (a) prior to conveyance of the Property to the Redeveloper, the presence of hazardous waste or substances (as defined under federal law) on the Property becomes known to the parties hereto, and the City has informed the Redeveloper in writing on or before the Closing Date that the condition of the Property is, as a result of such environmental factors, not satisfactory for construction of the "Minimum Improvements"; or (b) prior to conveyance of the Property to the Redeveloper and in violation of this Agreement (i) the Redeveloper (or any successor in interest) assigns or attempts to assign this Agreement or any rights therein, or in the Property in violation of Article V hereof, or (ii) there is any material change with respect to the identity of the parties in control of the Redeveloper or the degree thereof in violation of Article V hereof; or (c) the Redeveloper does not submit Construction Plans, as required by this Agreement, or (except as excused under Section 702 hereof) evidence that it has the necessary financial ability and commitments for construction and mortgage financing, in satisfactory form and in the manner and by the dates respectively provided in this Agreement therefore, or otherwise fails to satisfy any of the conditions precedent to conveyance of the Property set forth in Section 7; or (d) the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, and if any default or failure referred to in subdivisions (b) and (c) of this Section 703 shall not be cured within thirty (30) days after the date of written demand by the City; then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability to the other under this Agreement. Section 704. Other Rights and Remedies of City; No Waiver by Delay. The City shall have the right to institute such actions or proceedings as may be necessary to enforce the Redeveloper's covenants and obligations under this Agreement and to seek damages caused by a breach or default by the Redeveloper, including but not limited to the cost of site acquisition survey, environmental testing and improvement costs and any bonding costs associated with these expenses. The City may also institute such actions or proceedings it may deem desirable for effectuating the purposes of this Article VII, 27 provided that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. Section 705. Liquidated Damages. The grant to the Redeveloper under Section 102(a) hereof is expressly conditional upon the Property being built for the purposes set forth in Exhibit C -Redeveloper's Proposal and Exhibit D - Minimum Improvements and Uses. Redeveloper agrees to use best efforts to establish a viable grocery store. Best efforts requires that the space be built out as a functioning grocery store pursuant to Exhibit C and the Construction Plans. If Redeveloper fails to use best efforts, the Redeveloper agrees to refund to the City Five Hundred Thousand Dollars ($500,000) as liquidated damages. Additionally, Redeveloper agrees to use best efforts to establish a viable hotel. Best efforts requires that the space be built out as a functioning hotel pursuant to Exhibit C and the Construction Plans. If Redeveloper fails to use best efforts, the Redeveloper agrees to refund to the City Five Hundred Thousand Dollars ($500,000) as liquidated damages. The total potential liability to the Redeveloper for non-compliance with such agreement to use best efforts is, therefore, One Million Dollars ($1,000,000). The City and Redeveloper agree that the foregoing provisions for liquidated damages are bona fide provisions for such and are not a penalty. The parties agree that by reason of the City selling the Property in reliance upon the Redeveloper using the Property for the agreed upon purposes, the City gave up the opportunity to sell the Property to a different developer at a higher price. If the Redeveloper does not use best eftbrts to establish these purposes, the parties agree that the City will have sustained damages which will be substantial but will not be capable of determination with mathematical precision. This provision for liquidated and agreed-upon damages has, therefore, been incorporated in the Agreement as a provision beneficial to both parties. Section 706. Enforced Delay in Performance for Causes Beyond Control of Party. Performance by any party under this Agreement may be subject to unavoidable delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the "Minimum Improvements", litigation commenced by third parties, or acts of any federal, State or local governmental unit (other than the City) which directly result in such delays. Such delays shall constitute sufficient legal excuse for delayed performance under the terms of this Agreement. Section 707. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be 28 cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its obligations under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. ARTICLE VIII. MISCELLANEOUS Section 801. Conflict of Interest. Redeveloper agrees that, to its best knowledge and belief, no member, officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of this Project at any time during or after such persons tenure. Section 802. Non-Discrimination. In carrying out the Project, the Redeveloper shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, gender identity, marital status, sexual orientation, religion, age or disability. The Redeveloper shall insure that applicants for employment are granted employment, and the employees are treated during employment, without regard to their age, race, creed, color, disability, gender identity, marital status, sex, sexual orientation, religion or national origin. Section 803. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring title to the Property or any part thereof from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 804. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 805. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Redevelopment, in substantially the form attached as Exhibit I, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Redeveloper shall pay all costs of recording. 29 Section 806. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 807. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent ~vriting signed by all parties hereto. 30 1N WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its authorized representative, on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: By: Marian K. Kart, City Clerk PLAZA TOWERS, L.L.C. ·-~¥ ..... 7'- ~ By, ..... - J~-~ ~' 7/'~.~ ~- ~ ~'~arc Bf~6e~m~ ATTEST: By: Michael Moen, Secretary Michael Moen Monica Moen 31 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of , 20~, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of lowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa 32 STATE OF IOWA ) )SS COUNTY OF JOHNSON ) On this ,~'?' day of ':~ ~.___ ,20~_~ before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen to me personally known, who being by me duly sworn, did say that he is the President of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. Nota~'3~ub'l'ic in and for the State of Iowa STATE OF IOWA ) )SS COUNIY OF POLK ) On this day of ,2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally Michael Moen, to me personally known, who being by me duly sworn, did say that he is the Secretary of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Michael Moen as officer acknowledged the execution of the Foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. Notary Public in and for the State of Iowa 33 EXHIBIT A MAP OF URBAN RENEWAL AREA Addendum No. 2 City-University Project Urban Renewal Project Area Map P p P C~ Area 1, Central Business District core Area 2, Central Business support area ~ ~ Area3, University area ~lqV 34 EXHIBIT B LEGAL DESCRIPTION OF URBAN RENEWAL AREA Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Beginning at the intersection of the centerliee of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the northwest corner of College Street and Capitol Street; thence in a westerly direction along the north right-of-way of College Street to the east line of the Cedar Rapidsqowa City Railway right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning; AND Beginning at the intersection of Ihe centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centedine to the intersection of said centerline and the centedine of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of iowa Avenue extended; thence easterly along the northerly right-of-way line of iowa Avenue to the intersection of said right-of-way line and the easterly right-of-way line of GiIbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said righl-of-way line end the southerly right-of-way line of Prentiss Street extended; thence westerly along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way ~ine and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of- way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way tine of Maiden Lane to the intersection of said right-of-way and the southerly right- of-way line of Court Street; thence westerly along said line to the point of beginning, EXHIBIT C REDEVELOPER'S PROPOSAL 36 The Plaza Towers A Development Proposal for 64-1A presented by Marc Moen, Monica Moen, and Michael Moen to the City of ]:owa City Ta~e~Con~n~ ~' Pa~ 1. Proposed Development. .............................................................................................. 2-9 2. Site Plan & Floor Plans .............................................................................................. 10-19 3, Developers' Experience .............................................................................................. 20-24 4. Offer to Purchase Development Rights for Private Development. ........................... 25-30 S. Redevelopers' Statement of Qualifications and Financial Responsibility ................ 31-37 6. Redevelopers' Statement For Public Disclosure ....................................................... 38-42 7. FAA Ruling ................................................................................................................ 43 -1- PROPOSED DEVELOPMENT DEVELOPMENT PHILOSOPHY AND GOALS This proposal is submitted by Marc Moen, Monica Moen and Michael Moen ("developer"). We have invested in commercial real estate in Iowa City for more than 20 years. In the last several years, we have focused on downtown Iowa City. Our Real Estate holdings in downtown Iowa City are valued at approximately ten (10) million dollars. While profitability of a project is essential, it is only one factor that we consider in our investment decisions. Integrity of the project from the standpoint of design and its long term effect on downtown Iowa City is critical to us. We have a keen interest in the future of Iowa City and particularly the central business district. Our focus is on dense vertical development with an eye toward long term, not short term, gain. An oppommity exists at the 64-1a site to make a major mark on downtown Iowa City not only for the next few decades, but for the next several generations. The construction of a significant structure on this site with its potential for becoming a major center of downtown activity is an exciting prospect. We propose construction of urban residential condominiums and luxury apartments above a luxury hotel and commercial uses. The City Council has made significant investment in the pedestrian mall. The construction of the public library on the pedestrian mall will be another major improvement to the downtown. The City's commitment to the downtown is a major factor in our decision to propose an investment of over twenty (20) million dollars on the 64-1a site. Profit motive alone would dictate a development which would be less expensive to build and more profitable. However, this would bring nothing new to Iowa City. It would be tragic to allow the last Urban Renewal parcel to be developed on less than a grand scale. -2- A. Uses Proposed Summary of the proposed pro_iect We want this to be a building that compliments its context while providing a new and exciting creation worthy of this spectacular opportunity presented by the City. We wish to entice the pedestrian and enliven the street scape. Essential to fids is a 'market style' grocery with caf6 and deli functions serving an outdoor seating area. A grand three level atrium across fi.om the entrance to the Library is open to public pedestrian traffic. From the second level of the atrium, pedestrians can cross the raised walkway to the second level of the public parking facility. An elevator and stairway provide easy access fi.om the pedestrian plaza. The goal of our project is to provide a high profile building with a mix of vibrant commercial uses, combined with a luxury hotel and upscale housing in the heart of Iowa City. Iowa City is nationally recognized as a prime retirement community. Development of 64-1a affords a great opportunity to provide quality housing for those choosing to retire here and for anyone who desires an urban living environment. We have had overwhelming positive feedback fi'om those interested in urban housing. The three story commercial base of the building with its masonry and metal cladding draws fi.om the new design of the Public Library while keeping in scale with the original development of Iowa City. The close proximity of the two buildings creates an intimate 'gateway' feel as an entrance to the pedestrian plaza. The towers rising above are forward looking and expressive additions to the skyline of Iowa City. A hotel occupies levels four through six while levels seven through fourteen house upscale urban apartments and condomim'ums. The liberal use of glass on the towers is demanded by the impressive views it affords. The East Tower steps back twelve feet fi.om College Street above the -3- commercial base, yet fills out the urban comer at College and Lima Streets. This contrasts the West Tower which pulls away fi.om the street edge. This serves to maintain light and air into the pedestrian plaza while preserving the views fi.om the Sheraton Hotel rooms. Our proposal takes advantage of the maximum allowable height and provides dramatic views from the living quarters with generous balconies and roof terraces for outdoor living. To this end the hotel and residential towers are largely glass while the three levels of commercial space, primarily visible from street level, are more traditional in design to integrate with the surrounding structures and street scape. The towers are set back so that visually the three levels of commercial space become the dominant structure from street level. Anticipated Uses We foresee the commercial space housing a bank, hotel, health facilities (scale is yet unknown), restaurant/banquet facilities, coffee house, full service grocery store, and professional offices. Additional possible uses include a book store, art gallery, furniture store and other retail establishments. -4- We have been in discussion with several potential tenants for the commercial and office sph~e. Until the project is awarded, it is difficult to obtain absolute commitments but there is serious interest fi.om the following (these uses would occupy at least 2/3 of all the commercial and retail space): 1. An Iowa City based professional firm; 2. Local restauranteur: Restaurant/Food Service/Banquet facilities; 3. Local firm: grocery store; 4 Local bank; 5. Coffee house; 6. Athletic/health facility. B. Height / Number of Stories The west tower is 13 stories and the east tower is 14 stories. These are 140 feet and 158 feet, respaetively. Application was made to the Federal Aviation Association to construct a 20 story building however, the FAA determined that 14 stories is the tallest allowable structure on this site. The FAA ruling, attached at page 43, establishes a maximum height of 158 feet. -5- C. INTENSITY OF PROPOSED USES ~ ° The proposed project is 181,100 Square feet above grade with an additional 35,000 square feet of parking below grade. The proposed breakdown of uses, excluding common areas is: Level 1: West Building 11,650 square feet East Building 7,050 square feet Level 2: West Building 11,650 square feet East Building 7,050 square feet East Building 3,100 square feet (roof terrace) Level 3: West Building 5,850 square feet West Building 5,950 square feet (roof terrace) East Building 7.050 square feet Level 4: 19 Hotel Suites 525 square feet each Level 5: 19 Hotel Suites 525 square feet each Level 6: 19 Hotel Suites 525 square feet each -6- Level 7: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) .. 1 apartment/condo (2 bedroom) with balconies (1650 square feet) Level 8: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) 1 apartment/condo (2 bedroom) with balconies (1650 square feet) Level 9: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) 1 apartment/condo (2 bedroom) with balconies (1650 square feet) Level 10: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) 1 apartment/condo (2 bedroom) with balconies (1650 square feet) Level 11: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) 1 apartment/condo (2 bedroom) with balconies (1650 square feet) Level 12: East Building: 4 apm-hxxents/condos with balconies (1,100 square feet) Level 12-13: West Building: 4 two-level penthouse units (1,650 square feet) Level 13-14: East Building: 2 two-level penthouse units (2100 square feet, each with 1639 square feet Gfroofterraees and balconies). -7- · D. ESTIMATED COST OF IMPROVEMENTS ~' · McComas-Lacina has committed to construct this project. While it may be available to other developers should another developer be selected, ours are the only plans that McComas-Lacina · has reviewed and we are the only developer for whom McComas-Lacina has provided budget figures. · · Construction cost: $20,710,594 · Architectural fees: 1.553.294 · $22,263,888 · E. EQUITY CAPITAL AND FINANCING · Financing expectations and assumptions: i) 75% to 80% financing with 25 year amortization at not greater than 7.5% interest. We · have been in lengthy and detailed discussion with our primary lender (Firstar Bank) · regarding this project. We have enjoyed a 20+ year relationship with Firstar and its predecessors on numerous commercial real estate projects. Firstar has expressed serious I interest in financing this project on terms better than those set forth above. Based on our · financial strength and credit history, we have been offered financing at ½ point under Wall Street Prime on our upcoming project at 229 Iowa Ave. A firm commitment cannot be I made until a preferred developer is chosen and the terms of the development rights are · known. We have every reason to believe that a financing commitment will be made promptly should we be selected as the preferred developer. ii) TIF financing on 100% of the construction costs. I iii) Equity capital of approximately $1,000,000.00. Probable source is equity from currorltly owned real estate (most likely in the form of funds from refinancing). For particulars, please refer to the financial data provided herewith. iv) Our offer to purchase the development rights for $250,000 is a nominal sum given the value of the land involved. We seek to develop this property with the future of Iowa City at the forefront of the development and design considerations. The design and anticipated uses are dynamic and exciting but are not as profitable as a more routine, less expensive project. A facility which fills the entire lot, at less than maximum height and catering to student housing, would be less expensive to build and more profitable initially. It would allow for a larger mount to be paid for development rights, but would do nothing to further the long term enhancement of downtown Iowa City. In fact, such a development at this prime location may well be a detriment to long term commercial development downtown. This would be an unfortunate conclusion to the City's urban renewal efforts. I We respectfully urge that the dollar amount we are offering for the development rights be viewed in the context of the qu~ty of the project we are proposing. We see this as an I opportunity to partner with the City in developing a grand building which will II significantly enhance downtown Iowa City. To this end we are asking the City to consider a nominal payment for the development rights and the maximum TIF financing I allowed. We are negotiable on the price depending on other aspects of the agreement that I may be reached with the City. If the City views our development proposal as the preferred I development, we are confident, based on our past experience with the City, that terms can be reached that will be agreeable to everyone. 1 -9- SITE PLAN. FLOOR PLANS AND ELEVATION ~ ' A rendering of the proposed project is included as the first page of this proposal. A site plan and floor plans are set forth in the following 9 pages. Awarding development fights to 64-1a is aa important decision. In making its decision as to the preferred developer the City is entitled to an accurate and detailed representation of each project being proposed. To this end, we have invested over $25,000 in design fees and a rendering of our proposed project. -10- T~e Plaza Towers NEUMANN MONSON ARCHITECTS Plaza Towers NEUMANN MONSON ARCHITECTS The Plaza Towers NEUMANN MONSON ARCHITECTS N · he Plaza Towers NEUMANN MONSON ARCHITECTS The Plaza Towers NEUMANN MONS©N ARCHITECTS ~ N APARTMENTS- °~~ '" ~ 7m, 8TH, 9TH, lOTH AND llTH LEVELS ! ! ! I / · The Plaza Towers NEUMANN MONSON ARCHtTECTS :APARTMENTS/CON OOM]N]UMS- ~ 112'm LEVEL The Plaza Towers NEUMANN MONSON I ARCHITECTS · N APARTMENTS/CONDOMINIUMS - · 13'm LEVEL ~ · ~e Plaza Towers NEUMANN MONSON · ......................... ARCHITECTS DEVELOPERS' EXPERIENCE We enjoy a very positive relationship with our tenants and we are proud of the product we deliver. We strive to provide quality facilities with maximum personal attention and service to our tenants. We are at capacity in all our commemial and residential space, and we have waiting lists at each project for both commercial and residential space. Our buildings are not residential facilities with ground floor commemial space included only out of necessity. The commercial componems of our buildings is key to the vitality and integrity of the projects. We have successfully worked at attracting strong commercial tenants. Successful operation of commercial space in downtown Iowa City requires extreme attention to detail. At least one principal of our group has at all times been personally involved in the day to day operation of each project. Marc Moen is currently personally involved in dally management of the Iowa City real estate and will cominue in that role. If awarded this project, we pledge to the City that we will be personally involved in all phases of this project including design, construction and operation of the completed facility. Marc Moen will live at the new location and will personally oversee the daily operation of the facility. We have also enjoyed a positive relationship with the City council and staff. We were shown every courtesy in constructing the Whiteway 2000 building. That project was a joy for us and that experience is incentive for us to pursue further development projects in the central business district. We would be honored to be involved with the City in the development of 64-1a. -20- OTHER PROJECTS: We currently own and manage: ~ (210-212 South Clinton Street). A 6 ½ story building which houses MONDO'S, a successful restaurant, and 39 unique one bedroom residential units. The Savings and Loan Building (103 East College Street). A 3 story office building housing a brokerage firm; optical store; beauty salon; the Associated Press; the Des Moines Register; a dental office; corporate headquarters for Fresh Food Concepts; a landscape architectural firm; a non profit organization for pregnant women; and five law fa'ms. The Blackstone Buiidinn (118 South Dubuque St). A 3 story building which houses a nightclub and 11 one bedroom residential units. ~ -- The Iowa Theater Buildin~ (124 South Dubuque Street). A 2 story commercial building. Although - Burger King recently closed, this building was leased within a matter of days to a new tenant. · Brewery. Sq_uare (123 North Linn St). A 3 story office building housing two resaurants (Linn Street Caf6 and Devotay); LaJames Beauty School and Day Spa; a mail, packaging and shipping business; a · major structural engineering firm; four psychology firms; an architectural firm; and a law firm. · · · -21- · · We close on 229 Iowa Avenue on September 1 and construction will begin immediately ~' thereafter on a three (3) million dollar project. We also own Woodlawn Apartments, a historic 17 unit apartment building, an historic building at 318 East Jefferson Street with 5 residential units, and an historic house at 412 North Dubuque Street. Each of our properties has unique architectural features and most of them have historic significance. Each has become a successful venture. We wish to continue our investment in downtown Iowa City. It is due to the City's vision in constructing Clock Tower Place and investing in the Iowa Avenue street scape that encouraged us to commit to a 3 million dollar project at 229 Iowa Avenue. Likewise, the City's vision in upgrading the Pedestrian Mall and building an 18 million dollar library downtown makes development of 64-1a very desirable. The City has done a magnificent job in its efforts to revitalize downtown. It is an exciting and vibrant place to be. We believe strongly in downtown Iowa City and want to be involved in its continued development. Our proposal is intended to follow the example the City has set for development of the downtown area. NAMES AND BACKGROUNDS OF PRINCIPALS Michael S. Moen - Stockbroker; Investment Banker. Mike has 25 years experience in the investment industry and has been involved in numerous successful real estate ventures in Iowa and in other states. · · Moniea B. Moen - Attorney. Monica was formerly on the staffofthe Iowa City Planning Department. · She is well versed in land use planning and land use law. Moniea has been involved in real estate investment in Iowa City for 20 years. She is in private practice with the firm of Evans Keane in Boise, · Idaho. She is also counsel to Idaho Power. Monica has a keen interest in Iowa City and in the future : · intends to once again become a resident of Iowa City. · Marc B. Moen - Attorney. Mare is a practicing attorney in Iowa City. Marc has been involved in real estate investment in Iowa City for 20 years. He is also involved in the daily management of developers · Iowa City real estate holdings. · · OTI-Ilr~RS WI-IO WILL BE INVOLVED IN TI-IE PROJECT · McComas - Laeina - general contractor committed to our project. Our contact person is Mike Hahn who is a principal in that finn. McComas - Lacina was our general contractor on the one million dollar · renovation of the Savings and Loan Building and on the construction of the Whiteway 2000 Building. · It is also our general contractor on the 229 Iowa Avenue project which will begin in September. · Neuman Monson Architects - architectural firm responsible for the design of our proposed project. Kevin Monson is a principal in the firm and is our primary contact. Neuman Monson was our · architect on the Savings and Loan renovation and on the Whiteway 2000 Building, It is also our · architect for the project at 229 Iowa Avenue. · M2B Structural Engineers - structural engineering firm responsible for the structural engineering of · our proposed project. Jack Miller is a principal in the firm and is our primary contact. M2B was our · structural engineer on the Whiteway 2000 Building and is doing the structural work on the project at 229 Iowa Avenue. · · -23- PERSONS FAMILIAR WITH OUR PRIOR WORK The following individuals are familiar with our prior work and may be contacted for verification of prior satisfactory performance: Kevin Monson, Neuman Monson Architects ph. 319.338.7878 Mike Hahn, MeComas Lacina Construction ph. 319.338.1125 Bob Sierk, Firstar Bank ph. 319.356.9000 Jeff Peters, Firstar Bank ph. 319.328.3032 You may also contact any of our commercial or residential tenants regarding operation of our real estate ventures. 64-1a deserves top quality design, construction, and management. If chosen, we will give absolute priority to this project. We are committed to making this project a success. It will not only be a building that the citizens of Iowa City will be proud of; but a successful thriving hub of downtown activity. The development of this parcel is an important component to defining the future of downtown Iowa City and the success of the project is critical. Whether it be us or another developer, we urge that the counsel give serious consideration to awarding this project to a local developer who is personally committed to managing the facility. -24- THE PLAZA TOWERS A COMMERCIAL & ?~.ESIDENTIAL DEVELOPMENT SUITE 300, BREWERY SQUARE 123 NORTH LINN STREET IOWA CITY~ IOWA 52245-2147 Telephone: E-MAIL: mmoen@icialaw.com 319.358.0400 MOBILE: FACSEMILE: 319.430.3010 319.338.,2414 August 3, 2001 Stephen J. Atkins City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Offer to Purchase for Private Redevelopment City of Iowa City, Urban Renewal Dear Mr. Atkins: The undersigned developer, individuals, hereat~er referred to as the "Offeror"hereby offers to purchase development rights for the land below described in conformity with Federal and State statutes and local ordinances and regulations, namely that area known as: Disposition Parcel 64-1 a from the City of Iowa City, hereafter referred to as the "City". -25- The terms of the offer are as follows: 1. The Offeror acknowledges receipt fiom the City of a copy of the City-University Urban Renewal Plan, hereinafter referred to as the "Plan", which plan has been duly approved and recorded in the office of the City Clerk of the City, and a copy of the Request for Proposals (RFP) containing the instructions for submitting an offer to purchase development rights for redevelopment. 2. The Offeror agrees to purchase fi:om the City the development rights for the referenced parcel at the price hereinafter set forth in accordance with the provisions of the Plan and the RFP. Parcel No. Price Offered 64-1A $250,000.00 In making this offer, the Offeror acknowledges that the Offeror has become familiar with the project site and the provisions of the Plan and the RFP. 3. It is agreed that this offer shall remain open for a period of one hundred filly (150) days fi:om the final date for delivery of offers (as specified in the RFP) and shall remain in force thereafter unless withdrawn by the Offeror in writing, and that the City may reject any and all offers, and may waive any irregularities therein. 4. If selected as the preferred developer, the Offeror agrees to transmit a certified check in the amount of $10,000 payable to the order of the City of Iowa City, being a good faith deposit for the Disposition Parcel for which this proposal is made. The good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and subject to City Council declaration of forfeiture in accord with Section 6 or 7 hereunder, in the event of breach of performance of the obligations of the Offeror pending execution of the development agreement referred to in Section 5, hereunder, and such check may be deposited in an account of the City in a bank or trust company selected by it. Such deposit will be held by the City as such security for performance until such time as substitute security is provided under terms of the agreement referred to in Section 5 hereunder following execution of such agreement. -26- 5. If this offer is recommended for acceptance, the City must advertise its intent to sell by an appropriate legal notice before furnishing a development agreement for execution by the Offeror. Upon notification of acceptance of this Proposal in the manner provided for in Section 11 hereunder, the Offeror agrees to perform the remaining conditions of this offer and thereafter to execute a development agreement and return it to the City, to make any substitute good faith deposit required thereby, to perform by the terms of the development agreement and to complete the purchase of the Disposition Parcel in the manner set forth in the development agreement. It is agreed that the individual qualities of the Offeror are a material term and the Offeror shall not assign or transfer to any other party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is further agreed, in the event that this offer is accepted, that the Offeror shall not, prior to or after execution of the development agreement, assign or transfer any interest in the development agreement without the written consent of the City Council of Iowa City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same Statement of Public Disclosure, Statement of Qualifications and Financial Responsibility and narrative setting forth the developers experience and intent for development of the site, required of the original Offeror. 6. In the event this offer is accepted by the City Council of Iowa City and the Offeror fails or refuses to perform the remaining conditions of this Proposal, and to execute a development agreement within ninety (90) days of the announcement of the Offeror as the preferred developer, or such extension of time as may be granted by the City, the City may terminate all rights of the Offeror hereunder, declare Offeror's good faith deposit forfeited, and retain same. The City may then proceed with other arrangements or plans for the sale of the Disposition Parcel to which this offer relates. 7. The Offeror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee excepting the following bona fide agency or broker: (If none, so state.) NONE -27- Offeror states and represents that no person or agency claiming to be employed or retained by the CITY contacted the Offeror with reference to the proposed sale of the subject land other than the following: (If none other than the City staffemployees, state: None.) NONE It is agreed that the City of Iowa City, Iowa, shall not be liable for any obligations incurred by the Offeror for commissions, percemages, brokerages, contingent or other fees of any kind relating to this Proposal. For breach of violation of the warranty in this section, the City shall have the right to annul its acceptance of this offer, or the contract to rise thereupon, declare Offeror's good faith deposit forfeited and retain same. 8. It is agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw fi:om the sale of the Disposition Parcel at any time prior to conveyance of title and possession of said property by reason of the City of Iowa City, Iowa, being enjoined or prevented fi:om so doing by any order or decision or act of any judicial, superior legislative, or superior executive body having authority in the premises. It is further agreed that the City shall have no liability for failure to deliver title to such disposition parcel, to the redeveloper after making a good faith attempt to do so but failing for said reasons. 9. It is expressly agreed and understood by the Offeror that the City is making no represemations with respect to soil conditions, structural conditions, subsurface conditions, and the like, and further that the Offeror is making no reliance upon any studies of such conditions possessed by the City, and also that the Offeror has inspected the site for which this offer is being made and has satisfied itself as to the conditions of both the surface and subsurface of the site. Further, it is agreed that the City has permitted access to the Offeror for the purpose of making soil testing, borings, and the like. -28- · · · · · · 10. The Offeror transmits herewith, for the approval of the City ten (10) copies each of the following documents: · a. This Offer. · · b. A written narrative which sets forth and explains in fifll detail any and all addictions, deletions, or any other modifications to the form of Offer as provided by the City. · · c. Redevelopers Statement of Qualifications and Financial Responsibility. · · d. Redevelopers Statement for Public Disclosure. · e. A written narrative which describes the proposed development, as called for in the RFP. · · £. A site plan and elevation illustrating the proposed development concept, as called for in the RFP. · g. A written narrative which sets forth the developer's experience, as called for in the RFP. · · 11. It is agreed that acceptance or rejection of tkis offer shall be made by depositing such acceptance or rejection by the City in the United States Mail addressed to the Offeror at the business address set forth below, and acceptance or rejection shall be · considered effective at the time of such mailing. · · -29- · · · · · Sub~tted t~ 3rd day of Au~st, 2001. Marc B. Moen · 210 South C~ton Street, Apt. 601 · Iow~Iowa 52240 · · ~c~el S. Moen · ~'604 Locust, S~te 212 Des Mo~es, Iowa 50309 · 800.235.0418 ~ · MoRea B. Moen 2239 C~Mew Way · BoLe, Id~o 83702 208.336.4099 · -30- · · · REDEVELOPERS' STATEMENT OF QUALIFICATIONS AND F~ANCL~L RESPONS~ITY · 1. a. Name of RedeveloPer: Michael S. Moen; Monica B. Moen; and Marc B. Moen b. Address and ZIP Code of Redeveloper: · Michael S. Moen · 604 Locust, S~te 212 Des Mo~es, Iowa 50309 · Mo~ca B. Moen · 2239 C~fl~ew Way · Boise, Idaho 83702 Marc B. Moen · 210 South Clinton Street, Apt. 601 · Iowa City, Iowa 52240 · c. Phone and fax number: · Mike Moen Phone 800.235.0418 · Fax 515.282.7813 · Monica Moen Phone 208.336.4099 · Fax 208.345.3514 · Marc Moen · Phone 319.351.3900 Fax 319.338.2414 · · -31- I · 2. The public land which the Redeveloper proposes to enter into a contract for, or understanding with respect to, the purchase for private development purposes from the City of Iowa City, Iowa in the City of Iowa City, State of Iowa, is described as follows: · · Disposition Parcel 64-1a · 3. Is the Redeveloper a subsidiary of or affiliated with any other corporation or corporations or any other firm or firms? [3 yes Iii no · · If yes, list each such corporation or firm by name and address, specify its relationship to the Redeveloper, and identify the · officers and directors or trustees common to the Redeveloper and such other corporation or firm. · 4. a. The financial condition of the Redeveloper, as of August 3, 2001, is as reflected in the attached financial statement. · (NOTE: In a separate envelope submitted with this statement are 10 copies of compiled financial statements for Michael Moen and Marc Moen showing the assets and the liabilities, including contingent liabilities, fully itemized in accordance · with accepted accounting standards. In addition 10 copies of Monica Moen's financial statement is included. Monica Moen's and Marc Moen's real estate investment holdings are identical in all respects (i.e., each own identical shares). · Therefore, the compiled financial statement for Marc Moen would apply equally to Monica Moan with respect to all real · estate investment. The financial data submitted in the separate envelope is confidential and/or proprietary and we request that it remain confidential and not disseminated.) · · b. Name and address of auditor or public accountant who prepared the compiled financial statement as noted in Section 4.a. above: Gary Carlson, 118 S. Clinton St,, Iowa City, IA 52240; Roth& Company, P.C., 866 Walnut Street, Suite 1450, · Des Moines, Iowa 50309. · 7. Names and addresses of bank references: Firstar Bank, Bob Sierk, Iowa City, Iowa Firstar Bank, JeffPeters, Commercial Real Estate Lending, 201 W. Second St., Davenport, IA 52801 Iowa State Bank & Trust, Jerry Vanni, Iowa City, Iowa Hills Bank & Trust, Brad Langguth, Iowa City, Iowa 8. a. Has the Redeveloper or (if any) the parent corporation, or any subsidiary or affiliated corporation of Redeveloper of said parent corporation, or any of the Redeveloper's officers or principal members, shareholders or investors, or other interested parties (as listed in the responses to Items 5, 6, and 7 of the Redeveloper's Statement for Public Disclosure and referred to herein as "principals of the Redeveloper") been adjudged bankrupt, either voluntary or involuntary, within the past 10 years? ~ yes Iii no If yes, give date, place and under what name. b. Has the Redeveloper or anyone referenced to above as "principals of the Redeveloper" been indicted for or convicted of any felony within the past ten years? ~ yes 21 no If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, and (5) actiofi taken. Attach any explanation deemed necessary. -33- 5. If funds for the development are to be obtained t~om sources other than the Redeveloper's own funds, a statement of the Redeveloper's plan for financing the acquisition of the land and the redevelopment project: Please refer to Section E at page 8 of this proposal. 6. Sources and mount of cash aw!!able to Redeveloper to meet equity requirements of the proposed undertaking: By refinance of currently held real estate: Source Market Value Mortgages or Liens Currently held Real Estate $22,495,000.00 $12,072,456.00 If yes, give date, place and under what name. b. Has the Redeveloper or anyone referenced to above as "principals of the Redeveloper" been indicted for or convicted of any felony within the past ten years? [21 yes [il no If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, and (5) action taken. Attach any explanation deemed necessary. 9. a. Undertakings, comparable to the proposed redevelopment work, which have been completed by the Redeveloper or any of the principals of the Redeveloper, including identification and brief description of each project and date of completion; and names and phone numbers of persons at the prior work project site that can verify the work. Whiteway 2000 - 6-1/2 story btfilding - Commemlal main floor; residential at levels 2-6 (2 story lofts on 6th floor). Completed August 2000. Mike Hahn, McComas Lacina, phone 319.338.1125 Kevin Mormon and Tim Schroeder, Neuman Monson Architects, Phone 319.338.7878 b. If the Redeveloper or any of the principals of the Redeveloper has ever been an employee, in a supervisory capacity, for construction contractor or builder on undertakings comparable to the proposed redevelopment work, name of such employee, name and address of employer, title of position, and brief description of work: N/A -34- 10. If the Redeveloper or a parent corporation, a subsidiary, an affiliate, or a principal of the Redeveloper is to participate in the development of the project as a construction contractor or builder: N/A a. Name and address of such contractor or builder: b. Has such contractor or builder wilhln the last 10 years ever failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a construction or development contract? If yes, explain: Q yes ~ no c. Total amount of construction or development work performed by such contractor or builder during the last three years: $ General description of such work: d. Construction contracts or developments now being performed by such contractor or builder: Identification of Contract or Development Location Amount Date to be Completed -35- e. Outstanding construction-contract bids of such contractor or builder: Award Agency Amount Date Opened 11. Brief statement respecting equipment, experience, financial capacity, and other resources available to such contractor or builder for the performance of the work involved in the redevelopment of the land, specifying particularly the qualifications of the personnel, the nature of the equipment, the general experience of the contractor, and the experience of the personnel with similar public/private development projects and/or working with public entities (such as cities). N/A 12. Does any member of the governing body of the locality in which the Urban Renewal Area is situated or any other public official of the locality, who exercises any functions or responsibilities in the reviews or approval of the carrying out of the project under which the land covered by the Redeveloper's proposal is being made available, have any direct or indirect personal interest in the Redeveloper or in the redevelopment or rehabilitation of the property upon the basis of such proposal? ~ yes Iii no Ifyes, explain. 13. Statements and other evidence of the Redeveloper's qualifications and financial responsibility (other than the financial statement referred to in Item 4a) are attached hereto and hereby made a part hereof as follows: -36- CERTIFICATION We~, Michael S. Moen, Monica B. Moen and Marc B. Moan, certify that this Redeveloper's Statement of Qualifications and Financial Responsibility anal the attached evidence of the Redeveloper's qualifications and financial respo i luding financial statements, are true, md co!l{~le!;e to the best of our knowledge and belieF/~ 2510~ 0 9 //~/-"d"~- /~Y~ eS~" 210 South Clinton Street, Apt. 601 · Iowa City, Iowa 52240 319.358.0400 /~'Monica~B. Moen 2239 ClifiMew Way Boise, Idaho 83702 208.336.4099 1 If the Redeveloper is a corporation, this statement should be signed by the President and Secmtery of the o~rporation, together with suppo~/ng documentation that persons are authorized to enter into a mai estate fl~ansectton; if en individual, by such individual; if e partnership, by one of the partners; if an entity not having a president end secretary, by one of its chief officers having knowledge of the financial status end qualificetldns of the Redeveiepe~ 2penalty for False Certification: Section 1001, TYfie 18, of the U. $. Code, provides a fine ancYor imprisonment of not more than f'Na years, or bo~h, for knowingly and willfully making or using any false writing or document, knowing tbe same to contain any false, fictitieus or fraudulent statement or enby in a matter with the Jurisdiction of any Depeflment of the United States. -37- REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE3 A. REDEVELOPER 1.a. Name of Redeveloper: Michael S. Moen Monica B. Moen Marc B. Moen b. Address of Redeveloper: Michael S. Moen 604 Locust, Suite 212 Des Moines, Iowa 50309 Monica B. Moen 2239 Cliffview Way Boise, Idaho 83702 Marc B. Moen 210 South Clinton Street, Apt. 601 Iowa City, Iowa 52240 3If space on this form is inadequate for any requested information, it should be furnished on an attached page which is referred to under the apprepdate numbered item on the form. -38- c. Phone and fax number: Mike Moen Phone 800.235.0418 Fax 515.282.7813 Monica Moen Phone 208.336.4099 Fax 208.345.3514 Marc Moen Phone 319.351.3900 Fax 319.338.2414 2. The public land which the Redeveloperproposes to enter into a comract for, or understanding with respect to, the purchase of land for private development purposes from The City of Iowa City, Iowa in the City of Iowa City, State of Iowa, is described as follows: Disposition Parcel 64-1 a 3. If the Redeveloper is not an individual doing business under the Redeveloper's own name, the Redeveloper has the status indicated below and is organized or operating under the laws of the State of : A corporation. A nonprofit or charitable institution or corporation. A partnership known as A business association or joint venture known as ~ A Federal, State or local government or instrumentality thereof. Other (explain) -39- 4. If the Redeveloper is not an individual or a government agency or instrumentality, give date of organization: 5. Names, addresses, title of position (if any), and nature and extent of the interest of the officers .ag.d princip~me, mberos; shareholders, and investors of the Redeveloper, other than a government agency or instrumentality, are set tortn as touows: a. If the Redeveloper is a corporation, the officers, directors or trustees, and each stockholder owning at least 5% of any class of stock.4 b. If the Redeveloper is a nonprofit or charitable institution or corporation, the members who constitute the board of trustees or board of directors or similar governing body. c. If the Redeveloper is a partnership, eachp, artner, whether a general or limited partner, and either the percent of interest or a description of the character and extent of interest. d. If the Redeveloper is a business association or a joint venture, each participant and either the percent of interest or a description of the character and extent of interest. e. If the Redeveloper is some other entity, the officers, the members of the governing body, and each person having an interest of at least 5%. 4If a corporation is required to f#e periodic reports with the Federal Securities and Exchange Commission under Section 13 of the Securities Exchange Act of 1934, so state under this Item 5, In such case, the information referred to in this Item 5 and in Items 6 and 7 is not required to be furnished, but said periodic reports must be provided in lieu of said information, -40- POSITION TITLE (IF ANY) AND PERCENT NAME ADDRESS AND ZIP CODE OF INTEREST OR DESCRIPTION OF CHARACTER AND EXTENT OF INTEREST Michael S. Moen, 604 Locust Street, Suite 212, Des Moines, IA 50309 Owner 50% Monica B. Moen, 2239 North Cliffview Way, Boise, ID 83702 Owner 25% Marc B. Moen, 210 South Clinton Street, Apt. 601 Iowa City, Iowa 52240 Owner 25% 6. Name, address, and nature and extent of interest of each person or entity (not name .d in r.esponse, to Item 5) wh.o..has, a, be9eficial interest in any of the shareholders or investors named in response to Item 5 who which gives sucn. perso, n. ,or, en, t,a.y~antoteas~t 9 computed 5% interest in the Redeveloper (for example, more than 10% of the stock in a corpor.atlon w. mcn~ no,ets >UZopfthe stock of the Redeveloper; or more than 50% of the stock in a corporation which holds 10% of the stock otthe Redeveloper): DESCRIPTION OF CHARACTER AND NAME. ADDRESS AND ZIP CODE EXTENT OF INTEREST 7. Names (if not given above) of officers an directors or trustees of any corporation or firm listed under Item 5 or Item 6 above: -41- CERTIFICATION We5, Michael S. Moen, Monica B. Moen and Marc B. Moen, certify that this Redeveloper's Statement for Public Disclosure is true and correct to the b~st of our knowledge and belief cD a t e d :..., ~,¢7(/~/~?(/3 .^ 604 Locust, Suite 212 d." r o- -~-, 210 South Clinton Street, Apt. 601 Des Moines, Iowa 50309 Iowa City, Iowa 52240 800.235.018 319.358.0400 2239 ClitYview Way Boise, Idaho 83702 208.336.4099 51f the Redeveloper is a corporation, this statement should be signed by the President and Secretary of the corporation, together wgh supporling documentation that persons ere authoriz ed to enter into a real estate transection; ff an individual, by such ~ndivldual; P~ a partnersh~o, by one cf the partners; i[ an enfity not having a president and secretary, by one of its chief officers having knowledge of the financial status and qualifications of the Redeveioher. 6 Penalty for False Cerfificat~n: Section 1 O01, T'~e 18, of the U.S. Code, provides a fine and/or impifsonment o~ not more than five years, or beth, for knowingly and w~Ti~lly maktng or using any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry in a matter wifh the Jutfsdictien of any Department of the Umted States Federal Aviation A~lministration AERONAUTICAL S?UDY Central Region, ACE-530 No: 00-ACE-2242-OE 901 Locust ISSUED DATE: 11/30/00 MARC MOEN IOWA CITY, IA 52245 ~0~ ** PRESUMED HAZARD ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77 concerning: Description: BUILDING Location: IOWA CITY IA Latitude: 41-39-31.05 NAD 83 Longitude: 091-31-55.60 Heights: 240 feet above ~round level (AGL) 918'feet above mean sea level (AMSL) The initial findings of this study indicate that the structure as described above would exceed obstruction standards and/or would have an adverse physical ow electroma~etic interference effect upon navisable airspace or air navigation facilities. Therefore, pending resolution of the issues described below, it is hereby determined that the structure is presumed to be a hazard to air navigation. If the structure were reduced in height so as not to exceed 158 feet above ground level ( 836 feet above mean sea level), it would not exceed obstruction standards and a favorable determination could subsequently be issued. Any height exceeding 158 feet above ground level ( 836 feet above mean sea level) will result in a substantial adverse effect and would warrant a Determination of Hazard to Air Navigation. See attachment for further information. A co~y ?f this determination will be forwarded to the Federal Communication~ Commlss~on if the structure is subject to their licensing authority. NOTE: PENDING RESOLUTION OF THE ISSUES DESCRIBED ABOVE, THE STRUCTURE IS PRESU~4ED TO BE A HAZARD TO AIR NAVIGATION. THIS DETERMINATION DOES NOT AUTHORIZE CONSTRUCTION OF THE STRUCTURE EVEN AT A REDUCED HEIGHT. ANY RESOLUTION OF THE ISSUES DESCRIBED ABOVE N~JST BE COMMUNICATED TO THE FAA SO THAT A FA~n0RA~LE DETERMINATION CA~ SUBSEQUENTLY BE ISSUED. IF MORE THAN 60 DAYS FROM THE DATE OF THIS LETTER HAS ELAPSED WITHOUT ATTEMPTED RESOLUTION, IT WILL BE NECESSARY FOR YOU TO REACTIVAT~ THE -43- EXHIBIT D MINIMUM IMPROVEMENTS AND USES On August 3,2001 the Redeveloper submitted a Redevelopment proposal shown on Exhibit C in response to the City's request for proposals to purchase Urban Renewal Parcel 64-1a for a private redevelopment project. The redevelopment proposal provided for a multi-use structure with an undetermined mix of rental versus condominium residential units and other uncertainties pertaining to the mix of commercial space. The "Minimum Improvements" may now be more specifically defined as follows: 1. The project will consist of street level commercial space including at least 10,000 square feet for a full-service grocery store, upper level conference space of no less than 18,000 square feet, and no less than 50 luxury hotel suites. The remaining square footage of the above street level space will be a combination of commercial and residential space. Any residential units shall not contain more than two bedrooms per unit except with written approval of the City. The street level commercial uses should add to the activity and vitality of the downtown pedestrian mall throughout the day and into the evening and should not contain uses consisting of "dead space" in the evening hours. Redeveloper has the right to sell condominium units in the project at any time subject to the terms of this Agreement and the Minimum Assessment Agreement. 2. The Redeveloper commits to the provision of a drive-up book drop for the Iowa City Public Library to be located at the southeast comer of the site, with access through the surface parking lot to the south of the project and egress through the existing alley. 3. Valet parking, if provided, will be made available to Library patrons at the hotel entrance at no cost to the patron or the City for the valet service, however, hotel patrons will be given priority for the valet service. Library patrons shall be responsible for the actual cost of parking. 4. The Redeveloper shall provide public access from the third level of the Dubuque Street parking ramp to the second level of the project, continuing through the project to an elevator and staitwvell on the north side of the project, accessing the pedestrian mall across from the entrance to the Iowa City Public Library. This public access shall be open to public use during reasonable hours and shall be provided via either a covered walkway and/or through the interior of a portion of the building. The Redeveloper shall bear all costs associated with the provision and maintenance of this access. 5. A covered walkway will be provided along the east face of the Project at the Linn Street level. 37 6. With the reconstruction of the sidewalk on the west side of Linn Street (along the east face of the Project), the City shall permit the construction of a drop off lane for use by the hotel. 7. Parking for the hotel use shall be provided in a City-owned facility in accordance with the Iowa City Zoning Ordinance, Ch.14-6N-1J(2)(g), which requires a separate contract between the owner of the hotel and the City Department of Parking and Transit. This shall be on terms at least as favorable to Redeveloper as the current agreement between the owner of the Sheraton Hotel and the City Department of Parking and Transit is to the Sheraton. 8. The Redeveloper shall provide one public handicapped-accessible parking space at the east end of the surface parking lot at the south end of the Project site. 9. Radio Antenna and Peripherals: The Developer will provide space on the roof of the Project if reasonably feasible for the Iowa City Cable Division's radio antenna and shall also provide suitable interior equipment space for the associated peripherals if reasonably feasible. The Iowa City Cable Division shall be responsible for all operating and utility costs for this system; for all liability associated with the equipment or use thereof; indemnify and hold Redeveloper harmless for any damages, including attorney fees and costs, arising from the aforesaid equipment; obtain all necessary permits or other authority needed to install and operate such devices on the Project; and reimburse Redeveloper for any costs, including insurance costs, in any way related to the placement or operation of the aforesaid equipment. 38 EXHIBIT E LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY AND VOGEL PROPERTY Redevelopment Property: Beginning at the Northeast comer of Block 64, Original Town, Iowa City, Iowa; Thence S00°07'00"E, along the East line of said Block 64, a distance of 196.48 feet to the Southeast comer of an amended easement agreement recorded in Book 725 at Page 327 in the Office of the Johnson County Recorder and the Northeast comer of the City of Iowa City parking ramp; Then S89°5 l'17"W, along the Southerly line of said amended easement agreement and the Northerly building face of said parking ramp, 20.04 feet; Thence S00°04' 14"W, along said Southerly line and said Northerly building face, 3.30 feet; Thence N89°55'47"W, along said Southerly line and said Northerly building face, 201.95 feet, to the Southeast comer of a parcel of land recorded in Book 1320 at Page 5 in said Recorder's Office; Thence N00°07'00"W, along the Easterly line of said parcel 199.54 feet to the Northeast comer of said parcel; Thence N89°25'20"E, along the North line of said Block 64, a distance of 220.00 feet to said Point of Beginning. Said parcel contains 1.02 acres and is subject to easements and restrictions of record. Vogel Property Commencing at the Northeast comer of Block 66 in Iowa City, according to the recorded plat thereof, thence West along Iowa Avenue 45 feet, thence South 69 feet, thence East 45 feet to Linn Street, thence North along Linn Street 69 feet to the point of beginning. 39 EXHIBIT F PUBLIC ACCESS EASEMENT AGREEMENTS Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., ~owa City 356-5030 PUBLIC ACCESS EASEMENT AGREEMENT FOR PLAZA TOWERS, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and Plaza Towers, EEC., a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza Towers. WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of Block 64, Iowa City, Iowa, which structure shall contain conference facilities, extended stay hotel suites, apartment/condominium units and commercial spaces (hereinafter Project); and WHEREAS, to ensure public access to the commercial spaces and to ensure appropriate traffic circulation through the Project site, Plaza Towers is granting a public access easement to the City over and across the surface parking area of the Project site; and WHEREAS, the City and Plaza Towers have reached agreement concerning public access through the Project site which agreement the parties wish to reduce to writing. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of the right of public and City service access to the area designated as "Surface Parking/Grocery Pick Up", (hereinafter "easement area") as shown on Plaza Towers' proposal, attached as Exhibit "C' to the Agreement for the Improvement and Sale of Land for Private Redevelopment (hereinafter "proposal"), which proposal is by this reference made a part hereof. The grant of rights under this Public Access Easement Agreement provides the City, City service vehicles, fire apparatus vehicles and the general public with a means of ingress, egress and passage over the surface parking area designated as Surface Parking/Grocery Pick-Up on said proposal. With regard to the above-described Public Access Easement over the surface parking area, the general public's right of ingress, egress and passage shall be unlimited during "reasonable hours", which is defined as 6 a.m. to 11 p.m. Plaza Towers may regulate, restrict or otherwise prohibit public access over the surface parking area during the hours of 11 p.m. to 6 a.m. The rights of City service vehicles and fire apparatus vehicles to ingress, egress and passage shall be unlimited at all times. With regard to the above-described Public Access Easement over the surface parking area, the Iowa City Police Department is hereby authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of this City and State. This agreement shall serve as appropriate notice for such authorization to the Iowa City Police Department under the Code of Iowa, as amended. Plaza Towers and its assigns hereby also agree to release, indemnify and hold harmless the City, its officers, employees and agents from any damages, claim of damages or liability resulting from any ticketing or towing as authorized under the preceding paragraph. Additionally, the Iowa City Fire Department is hereby granted an easement with the right of access over and across the above-described easement area. Said right of access also includes the right of non-emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. 4O The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Plaza Towers reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that Plaza Towers shall not erect or construct any building, fence, retaining wall or other structures over the easement area; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover over the easement area with the exception of the installation, construction and maintenance of the easement area. Nothing in this Agreement shall be construed to impose a requirement on the City to install the surface parking/grocery pick-up area at issue herein. Nor shall Plaza Towers be deemed acting as the City's agent during the original construction, installation and/or maintenance of said easement area. Parties agree that the obligation to install the surface parking/grocery pick-up area at issue herein shall be in accordance with City specifications, and the obligation shall remain on the Plaza Towers until completion by Plaza Towers. Plaza Towers hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. Dated at Iowa City, Iowa, on this day of ,2002. CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: Marian K. Karr, City Clerk PLAZA TOWERS, L.L.C. By: Marc B. Moen, President By: Michael Moen, Secretary 41 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of ,20__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of ,20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, L.LC., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 42 Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City 356-5030 PUBLIC PEDESTRIAN ACCESS EASEMENT AGREEMENT FOR PLAZA TOWERS, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between the City of iowa City, iowa, a municipal corporation, hereinafter referred to as City, and Plaza Towers, L.L.C., a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza Towers. WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of Block 64, Iowa City, Iowa, which structure shall contain conference facilities, extended stay hotel suites, apartment/condominium units and commercial spaces (hereinafter Project); and WHEREAS, to ensure public access to the commercial spaces and to ensure pedestrian circulation through the Project site, Plaza Towers is granting a public pedestrian access easement to the City through, over and across the pedestrian bridge connecting the Dubuque Street Parking Ramp and through the Project site; and WHEREAS, the City and Plaza Towers have reached agreement concerning public pedestrian access through the Project site which agreement the parties wish to reduce to writing. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of the right of public pedestrian access through, over, and across the area designated as "pedestrian bridge" and "access to parking below", (hereinafter "easement areas") as shown on Plaza Towers' proposal, attached as Exhibit "C" to the Agreement for the improvement and Sale of Land for Private Redevelopment (hereinafter "proposal"), which proposal is by this reference made a part hereof. In addition to the above, said public pedestrian access easement shall also extend through the Project to an elevator and stairwell on the north side of the project, accessing the pedestrian mall across from the entrance to the Iowa City Public Library (hereinafter, "interior access"). The grant of rights under this Public Pedestrian Access Easement Agreement provides the City and the general public with a means of ingress, egress and passage through, over and across the easement areas and interior access as designated on said proposal and built within the Project. With regard to the above-described Public Pedestrian Access Easement through, over and across the easement areas and interior access, the general public's right of ingress, egress and passage shall be unlimited during "reasonable hours", which is defined as 6 a.m. to 11 p.m. Plaza Towers may regulate, restrict or otherwise prohibit public access through, over and across the easement areas and interior access during the hours of 11 p.m. to 6 a.m. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents in their official capacities. However, this indemnification expressly excludes loss or damage caused by the public. Except as expressly provided herein, the City shall have no responsibility for maintaining and/or for costs associated with the easement areas and interior access. Plaza Towers reserves the right to use said easement area for purposes which will not interfere with the full enjoyment of the rights hereby granted to the public; provided that Plaza Towers shall 43 not erect or construct any permanent barriers precluding access over the easement areas and interior access. Nothing in this Agreement shall be construed to impose a requirement on the City to install the easement areas or interior access at issue herein. Nor shall Plaza Towers be deemed acting as the City's agent during the original construction, installation and/or maintenance of said easement areas and interior access. Parties agree that the obligation to install the easement areas and interior access issue herein shall be in accordance with City specifications, and the obligation shall remain on the Plaza Towers until completion by Plaza Towers. Plaza Towers hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. Dated at Iowa City, Iowa, on this .__ day of ,2002. CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: Marian K. Karr, City Clerk PLAZA TOWERS, L.L.C. By: Marc B. Moen, President By: Michael Moen, Secretary 44 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of ,20__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of ,20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, bbC., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 45 EXHIBIT G OFF-SITE PARKING AGREEMENT CITY OF IOWA CITY - PLAZA TOWERS, L.L.C. This agreement is entered into this day of ., 2002, between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and Plaza Towers, L.L.C., a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza Towers. WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of Block 64, Iowa City, Iowa, which structure shall contain conference facilities, extended stay hotel suites, apartment/condominium units and commercial spaces; and WHEREAS, the hotel portion of the facility requires the availability of off-street parking for the use of its patrons; and WHEREAS, the City and Plaza Towers have reached agreement concerning parking availability which agreement the parties wish to reduce to writing. Now, therefore, it is agreed as follows: 1. Parking Provided. The City agrees to provide to Plaza Towers and to its parking hotel patrons parking spaces, for vehicles with a maximum clearance of 7 feet, in a City-owned and operated parking ramp located in Iowa City, Iowa. Parking shall be provided to registered hotel guests in any of the City-owned parking ramps, including the Capitol Street Parking Ramp, the Dubuque Street Parking Ramp and/or the Tower Place and Parking Ramp. Without assuming financial liability to Plaza Towers, and without guaranteeing the location of such parking, the City agrees to use reasonable efforts to provide parking to registered hotel guests in the Dubuque Street Parking Ramp. Parking shall be provided to other users of said multi-use facility, such as residential occupants, meeting attendees, and commercial space patrons, who shall not be deemed to be beneficiaries of this agreement, in any City-owned parking ramp during scheduled operating hours of the parking ramps on an as available basis and at the same rates as the general public. 46 In the event City no longer owns or uses any parking ramp and/or the parking ramps noted herein, namely the Capitol Street Parking Ramp, the Dubuque Street Parking Ramp and/or the Tower Place and Parking Ramp, the City agrees to provide parking to Plaza Towers at a location that constitutes a reasonable alternative, and is in as close proximity to the multi-use structure as reasonably possible and practical. Said substitute parking shall be provided to Plaza Towers no later than the cessation of operation of the above-named parking ramps or other parking ramp. Notwithstanding the foregoing, in the event City transfers ownership of the above-named ramps or any other parking ramp to an entity intending continue operating the property as parking ramps, said transfer shall be subject to the transferee assuming City's obligations under this Agreement and also subject to Plaza Tower's consent of such transfer, which consent shall not be unreasonably withheld. 2. Parking Validation. The City and Plaza Towers agree to develop a validation system so that parking ramp tickets can be validated by Plaza Towers employees and returned by the parking patrons to the cashier upon exiting any of the City- owned parking ramps. Plaza Towers agrees to develop appropriate security systems to prevent unauthorized use of the parking validation system. 3. Ramp Operation. The City shall be responsible for maintaining ramp operations. It is agreed that by making this agreement, the City is neither expanding nor limiting its liability to Plaza Towers or its guests and patrons in connection with the operation of the parking ramp, but rather such liability shall be the same as to any other person or entity using the parking ramp. 4. Parking Rates. The City will charge Plaza Towers for parking ramp usage per the rates set out in the attached Exhibit "G. 1", which exhibit is by this reference made a part of this agreement. 5. Ownership of the Hotel: City and Plaza Towers agree that any assignment of this Parking Agreement by Plaza Towers will be subject to City approval, in writing, which approval shall not be unreasonably withheld. Further, City's consent hereunder may only be withheld based upon the same reasons the City would deny a liquor license application, namely the failure of the application's credibility and character to withstand an investigation by the City. Plaza Towers shall submit the name of the assignee of any such proposed assignment to the City in writing via U.S. Mail "return receipt requested". Failure by City to notify Plaza Towers of City's disapproval of said assignment in writing within fifteen (15) days of the City's receipt of said notice from Plaza Towers shall constitute approval of said assignment by the City. 6. Agreement Term This Agreement shall have a term of years commencing as of the date written below, and terminating on a date ninety-nine (99) years thereafter. This Agreement shall not be terminated by either party, their successors or assigns during said ninety-nine (99) year term except upon sixty (60) days written notice 47 to the other party, and only upon good and reasonable cause, and only after written notice of default and the passage of a period of sixty (60) days thereafter during which the defaulting party is given the opportunity to cure any default. It is expressly agreed that the City's sole remedy in the event of a default by Plaza Towers shall be the cancellation of said agreement and the right to maintain an action for money damages in the amount of parking fees incurred and payable based on actual parking ramp usage by Hotel patrons prior to the effect of such cancellation. Dated at Iowa City, Iowa, on the date given above. CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: Marian K. Karr, City Clerk PLAZA TOWERS, L.L.C. By: Marc B. Moen, President By: Michael Moen, Secretary 48 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of ,20__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of ,20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 49 EXHIBIT G.1 I. REGISTERED HOTEL GUESTS Plaza Towers will contract with the City for parking provided to hotel patrons for a monthly fee to be paid to the City. The monthly fee is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made times 25 parking spaces. The monthly fee will cover the cost of 15,000 hours of parking per month for hotel patrons. In the event the parking ramps are staffed by the City for operation on Sundays and/or holidays, the amount of hours of parking per month will be prorated accordingly. A. Annual Adjustment of Monthly Fees. Should the actual hours of parking utilized by hotel patrons exceed 180,000 hours per year (15,000 hrs/month X 12 months), Plaza Towers will annually pay the City for any excess hours of parking, at the hourly rate in effect at the end of the annual 12 month period. Any fee for a partial month shall be a prorated portion of the monthly fee. B. Actual Hours of Hotel Patron Parking. The City agrees to provide Hotel patron parking usage figures monthly and a final full year report within 45 days after the end of each hotel operation year. Plaza Towers shall have the right to audit the hotel guest parking usage figures provided by the City. C. Computation Formulas: 1. Monthly fee: (25 parking spaces) X (monthly permit rate in effect at the time calculation is made) - monthly fee 2. Annual adjustment of monthly fees: a. (actual hours of hotel patron parking) - (180,000 hours) -- excess hours of parking. b. If excess hours of parking is positive: (Excess hours of parking) X (Hourly rate in effect at end of year) = Annual adjustment. c. If excess hours of parking is negative, for the first year, or any portion of the calendar year bet~veen the opening of hotel operations and the following July 1, only: that negative amount of hours will be carried over to the second year and added to the annual hour base of 180,000 hours to be used in the computation of the annual adjustment of monthly fees for the second year. 50 D. Payment Due Date. Plaza Towers agrees to pay the monthly fee by the 15th of the following month and the annual adjustment with 45 days after the annual, 12-month period. Renegotiation. The computation formulas listed in Section I-C are subject to renegotiation should daily parking demand necessitate the removal of permit parking in the Dubuque Street Parking Ramp. F. Contract Year. City and Plaza Towers agree that "contract year" shall be consistent with the City's fiscal year, and shall, as of July 1 immediately following the first full month of hotel operations, run from July 1, to June 30 of the following year, and that the contract year is one and the same as the 'annual 12-month period' referred to in this Exhibit "A". City shall not increase the monthly permit rate in effect under this agreement more often than once every contract year. For purposes of this Agreement, 'monthly permit rate in effect" shall mean the lowest monthly contract parking rate available to the general public at any of the City's parking ramps, which is the Dubuque Street parking ramp at the date of the signing of this agreement. II. FACILITY, HOTEL, RESTAURANT EMPLOYEES Parking will be provided as available to the general public at the normal rates. 51 EXHIBIT H MINIMUM ASSESSMENT AGREEMENT - PLAZA TOWERS THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of ,200__, by and among the CITY OF IOWA CITY, IOWA, ("City"), PLAZA TOWERS, L.L.C., an Iowa limited liability corporation, ("Redeveloper"), and the CITY ASSESSOR of the City of Iowa City, lowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Redeveloper have entered into an Agreement for the Sale of Land for Private Development ("Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Redeveloper will undertake the development of an area ("Project") within the City and within the "Central Business District Urban Renewal Area"; and WHEREAS, the City is making a significant grant of funds to the Redeveloper which will allow the Redeveloper to construct the Project; and WHEREAS, the City will be reimbursed for such grant from the property tax revenues generated from the Project and the other development which the Redeveloper is presently constructing within the Central Business District Urban Renewal Area (the "Vogel Property"); and WHEREAS, pursuant to lo,va Code section 403.6 (2001), as amended, the City and the Redeveloper desire to establish a minimum actual value for the land to be conveyed by the City to the Redeveloper pursuant to the Agreement; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the "Minimum Improvements" which it is contemplated will be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. As of January 1, 2005 a partial assessment shall be made fixing the minimum actual taxable value for assessment purposes for the land and "Minimum Improvements" to be constructed thereon by the Redeveloper at not less than $10,527,000 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). 52 2. As of January 1, 2006 a full assessment shall be made fixing the minimum actual taxable value for assessment purposes for the land and "Minimum Improvements" to be constructed thereon by the Redeveloper at not less than $22,265.000 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). The parties hereto acknowledge and agree that construction of the "Minimum Improvements" will be substantially completed on or befi>re November 1, 2005. 3. The Redeveloper recognizes that the grant to the Redeveloper pursuant to the Agreement is conditional upon sufficient property taxes being generated by this Project and the Vogel Property to repay the costs of the bonds issued to make such grant. The City will need property taxes from the Project in the amounts and at the times set forth in Schedule Y to this Minimum Assessment Agreement. If for any reason the property taxes are less than the amount set forth on Schedule Y for any fiscal year, the assessor shall increase the assessed value of the Project for the next fiscal year in an amount to cover such property tax deficiency. 4. The Redeveloper contemplates that a portion of the Project will be residential condominium units which will be subject to the property tax "roll-back" referred to previously. The Redeveloper agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa 2001 an attachment to the declaration will be executed by the Redeveloper, the City and the city assessor allocating a portion of the Minimum Actual Value to each unit. 5. The Redeveloper agrees that the difference between the $22,265.000 Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) and the amount allocated to the residential condominium units (as set forth in paragraph 4 hereof) will be allocated to the remainder of the Project. 6. The Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate twenty years from the issuance of the bonds or when the bonds are paid off, whichever is earlier. If prior to the expiration of the Minimum Assessment Agreement for the Project, the combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedule attached hereto and the schedule attached to the Minimum Assessment Agreement for the Vogel Property, then the Redeveloper may take advantage of any roll-backs in valuation attributable to the Vogel Property and the Project to the extent of the excess property tax revenue attributable to the Project and the Vogel Property. If prior to the expiration of the Minimum Assessment Agreement for the Project, the combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedule attached hereto and the schedule attached to the Minimum Assessment Agreement for the Vogel Property, then the Redeveloper may seek a reduction in the 53 assessed value of the Project and the Vogel Property to the extent of the excess property tax revenue attributable to the Project and the Vogel Property. Nothing herein shall be deemed to waive the Redeveloper's rights under Iowa Code section 403.6(19) (2001), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) established herein. In no event, however, except as set forth in the first paragraph of this Section 6 shall the Redeveloper seek to reduce the actual value assigned below the Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) established herein during the term of this Agreement. 7. This Minimum Assessment Agreement shall be promptly recorded by the Redeveloper with the Recorder of Johnson County, Iowa. The Redeveloper shall pay all costs of recording. 8. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement for the Improvement and Sale of Land for Private Redevelopment between the City and Redeveloper. 9. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. (SEAL) CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: By: Marian K. Karr, City Clerk PLAZA TOWERS, L.L.C. By: Marc B. Moen, President ATTEST: 54 By: Michael Moen, Secretary 55 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of ,200__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of ,200 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 56 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the "Minimum Improvements" to be constructed and the market value assigned to the land upon which the "Minimum Improvements" are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of "Minimum Improvements" to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the redevelopment shall not be less than Twenty-Two Million Two Hundred Sixty-Five Thousand Dollars ($22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land and Dollars ($ ) the value of the buildings thereon until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Iowa City, Iowa Date STATE OF IOWA ) ) COUNTY OF JOHNSON ) Subscribed and sworn to before me by , Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date 57 SCHEDULE Y Plaza Towers Minimum Assessment Valuation of $22,265,000 Partial assesment begins on 1/1/05($10,000,000 valuation) Full assessment begins on 1/1/06 Millage rate of $28.50 per thousand Tax Estimated collection date taxes revenue 9/30/2002 $ 3/31/2003 $ 9/30/2003 $ 3/31/2004 $ 9/3O/2OO4 $ 3/31/2005 $ 9/3O/2005 $ 3/31/2006 $ 9/30/2006 $ 142,500 3/31/2007 $ 142,500 9/30/2007 $ 317 276 3/31/2008 $ 317 276 9/30/2008 $ 317 276 3/31/2009 $ 317 276 9/30/2009 $ 317 276 3/31/2010 $ 317 276 9/30/2010 $ 317 276 3/31/2011 $ 317 276 9/30/2011 $ 317 276 3/31/2012 $ 317,276 9/30/2012 $ 317,276 3/31/2013 $ 317,276 9/30/2013 $ 317,276 3/31/2014 $ 317,276 9/30/2014 $ 317,276 3/31/2015 $ 317,276 9/30/2015 $ 317,276 3/31/2016 $ 317,276 9/30/2016 $ 317,276 3/31/2017 $ 317,276 9/30/2017 $ 317,276 3/31/2018 $ 317,276 9/30/2018 $ 317,276 3/31/2019 $ 317,276 9/30/2019 $ 317,276 3/31/2020 $ 317,276 9/30/2020 $ 317,276 3/31/2021 $ 317,276 9/30/2021 $ 317,276 3/31/2022 $ 317,276 9/30/2022 $ 317,276 3/31/2023 $ 317,276 $10,437,84O EXHIBIT H MINIMUM ASSESSMENT AGREEMENT VOGEL PROPERTY THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of ,200__, by and among the CITY OF IOWA CITY, IOWA, ("City"), PLAZA TOWERS, L.L.C., an Iowa limited liability company, ("Redeveloper"), Marc Moen, Monica Moen and Michael Moen (Owners of the Vogel Property) and the CITY ASSESSOR of the City of Iowa City, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Redeveloper and Owners of the Vogel Property have entered into an Agreement for the Sale of Land for Private Development ("Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Redeveloper will undertake the development of an area ("Project") within the City and within the "Central Business District Urban Renewal Area"; and WHEREAS, the City is making a significant grant of funds to the Redeveloper which will allow the Redeveloper to construct the Project; and WHEREAS, the City will be reimbursed for such grant from the property tax revenues generated from the Project and another development presently being constructed within the Central Business District Urban Renewal Area (the "Vogel Property"); and WHEREAS, as an inducement to the City to enter into the Agreement, the Owners of the Vogel Property have agreed to enter into this Minimum Assessment Agreement; and WHEREAS, pursuant to Iowa Code section 403.6 (2001), as amended, the City and the Owners of the Vogel Property desire to establish a minimum actual value for the land and the "Minimum Improvements" which are being erected on the Vogel Property (legally described on Schedule X hereto); NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. As of January 1, 2003 a full assessment shall be made of the Vogel Property fixing the minimum actual taxable value for assessment purposes for the land and "Minimum Improvements" being constructed thereon at not less than $3,000,000 59 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). The parties hereto acknowledge and agree that construction of the "Minimum Improvements" will be substantially completed on or before December 31, 2002. 2. The Owners of the Vogel Property recognize that the grant to the Redeveloper pursuant to the Agreement is conditional upon sufficient property taxes being generated by the Project and the Vogel Property to repay the costs of the bonds issued to make such grant. The City will need property taxes from the Vogel Property in the amounts and at the times set forth in Schedule Z to this Minimum Assessment Agreement. If for any reason the property taxes are less than the amount set forth on Schedule Z for any fiscal year, the assessor shall increase the assessed value of the Project on the remainder of the Vogel Property for the next fiscal year in an amount to cover such property tax deficiency. 3. The Owners of the Vogel Property contemplate that a portion of the Vogel Property will be residential condominium units which will be subject to the property tax "roll-back" referred to previously. The Owners of the Vogel Property agree that before the earlier of (a) the sale of any residential condominium unit or (b) July 31, 2002, an agreement will be executed by the Owners of the Vogel Property, the City and the city assessor allocating a portion of the Minimum Actual Value to each unit. 4. The Redeveloper agrees that the difference between the $3,000,000 Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof) and the amount allocated to the residential condominium units (as set forth in paragraph 3 hereof) will be allocated to the remainder of the Vogel Property. 5. The Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof) herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate twenty years from the issuance of the bonds or when the bonds are paid off, whichever is earlier. If prior to the expiration of the Minimum Assessment Agreement for the Vogel Property, combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedule attached hereto and to the Minimum Assessment Agreement for the Project, then the Owners of the Vogel Property may take advantage of any roll-backs in valuation attributable to the Vogel Property and the Project to the extent of the excess property tax revenue attributable to the Project and the Vogel Property. If prior to the expiration of the Minimum Assessment Agreement for the Vogel Property, the combined property tax revenue from the Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the schedule attached hereto and to the Minimum Assessment Agreement for the Project, then the Owners of the Vogel Property may seek a reduction in the assessed value of the Vogel Property to the extent of the excess property tax revenue attributable to the Project and the Vogel Property. 60 Nothing herein shall be deemed to waive the rights of the Owners of the Vogel Property under Iowa Code section 403.6(19) (2001), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof) established herein. In no event, however, except as set forth in the first paragraph of this Section 5 shall the Owners of the Vogel Property seek to reduce the actual value assigned below the Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof) established herein during the term of this Minimum Assessment Agreement. 6. This Minimum Assessment Agreement shall be promptly recorded by the Redeveloper or the Owners of the Vogel Property with the Recorder of Johnson County, Iowa. The Redeveloper or the Owners of the Vogel Property shall pay all costs of recording. 7. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement for the Improvement and Sale of Land for Private Redevelopment between the City and Redeveloper. 8. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. (SEAL) CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor ATTEST: By: Marian K. Kart, City Clerk PLAZA TOWERS, L.L.C. By: Marc B. Moen, President 2 ATTEST: By: Michael Moen, Secretary By: Marc Moen By: Monica Moen By: Michael Moen STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of , 200__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of ,200__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the "Minimum Improvements" being constructed and the market value assigned to the land upon which the "Minimum Improvements" are being constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of "Minimum Improvements" to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the redevelopment shall not be less than Three Million Thousand Dollars ($3,000,000) after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. Assessor for Iowa City, Iowa Date STATE OF IOWA ) ) COUNTY OF JOHNSON ) Subscribed and sworn to befbre me by , Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) On this day of , , before me, the undersigned, a Notary Public in and for said State, personally appeared Marc Moen, to me know to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed Notary Public STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) On this day of , , before me, the undersigned, a Notary Public in and for said State, personally appeared Monica Moen, to me know to be the person named in and who executed the foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed Notary Public STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) On this day of , ., before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Moen, to me know to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed Notary Public SCHEDULE X Vogel House Minimum Assessment Valuation of $3,000,000 Assesment begins on 1/1/03 Millage rate of $28.50 per thousand Tax Estimated collection taxes date revenue 9/30/2002 $ 3/31/2003 $ 9/30/2003 $ 3/31/2004 $ 9/30/2004 $ 42,750 3/31/2005 $ 42,750 9/30/2005 $ 42,750 3/31/2006 $ 42,750 9/30/2006 $ 42,750 3/31/2007 $ 42,750 9/30/2007 $ 42,750 3/31/2008 $ 42,750 9/30/2008 $ 42,750 3/31/2009 $ 42,750 9/30/2009 $ 42,750 3/31/2010 $ 42,750 9/30/2010 $ 42,750 3/31/2011 $ 42,750 9/30/2011 $ 42,750 3/31/2012 $ 42,750 9/30/2012 $ 42,750 3/31/2013 $ 42,750 9/30/2013 $ 42,750 3/31/2014 $ 42,750 9/30/2014 $ 42,750 3/31/2015 $ 42,750 9/30/2015 $ 42,750 3/31/2016 $ 42,750 9/30/2016 $ 42,750 3/31/2017 $ 42,750 9/30/2017 $ 42,750 3/31/2018 $ 42,750 9/30/2018 $ 42,750 3/31/2019 $ 42,750 9/30/2019 $ 42,750 3/31/2020 $ 42,750 9/30/2020 $ 42,750 3/31/2021 $ 42,750 9/30/2021 $ 42,750 3/31/2022 $ 42,750 9/30/2022 $ 42,750 3/31/2023 $ 42,750 $1,624,500 EXHIBIT I MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City") and Plaza Towers, L.L.C. (the "Redeveloper"), did on or about the day of ,20 , make, execute and deliver an Agreement for The Improvement and Sale of Land for Private Redevelopment (the "Agreement") , wherein and whereby the Redeveloper agreed, in accordance with the terms of the Agreement and the Iowa City Urban Renewal Plan (the "Plan"), to develop certain real property located within the City and within the Iowa City Area Urban Renewal Project Area and as more particularly described as follows: (the "Property"); and WHEREAS, the term of this Agreement shall commence on the __ day of 20 and terminate on the 1st day of 20 , unless otherwise terminated as set forth in the Agreement; and WHEREAS, the City, and the Redeveloper desire to record a Memorandum of the Agreement referring to the Redevelopment Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for The Improvement and Sale of Land for Private Redevelopment shall serve as notice to the public that the Agreement contains provisions restricting Redevelopment and use of the Redevelopment Property and the improvements located and operated on such Redevelopment Property, and further subjects the Redevelopment Property to a Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter 403, in which the City and the Redeveloper (and any successors or assigns) agree that the minimum actual value of the Redevelopment Property and all improvements located thereof for calculation of real property taxes shall be not less than Twenty-Two Million Two Hundred Sixty-Five Thousand Dollars ($22,265,000) after taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. 8 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for The Improvement and Sale of Land for Private Redevelopment made a part hereof by reference, and that anyone making any claim against any of said Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Iowa City, Iowa. IN WITNESS WHEREOF, the City and the Redeveloper have executed this Memorandum of Agreement for The Improvement and Sale of Land for Private Redevelopment as of the __ day of 20 (SEAL) CITY OF IOWA CITY, IOWA By: , Mayor ATTEST: By: , City Clerk PLAZA TOWERS, L.L.C. By: Marc Moen, President 9 STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this day of , 20__, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of ,20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen and Michael Moen, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marc B. Moen and Michael Moen as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 10 EXHIBIT J OPINION OF COUNSEL City of Iowa City Iowa City, Iowa RE: Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Plaza Towers, L.L.C. City Representatives: We have acted as counsel for Plaza Towers, L.L.C., an Iowa limited liability company (the "Company"), in connection with the execution and delivery of a certain Agreement for The Improvement and Sale of Land for Private Redevelopment (the "Redevelopment Agreement") between the Company and the City of Iowa City, Iowa (the "City") dated as of ,20 We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the following: (a) The organization and operating agreement of the Company; (b) Resolutions of the Company at which action was taken with respect to the transactions covered by this opinion; (c) The Redevelopment Agreement; and such other documents and records as we have deemed relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: 1. The Company has been duly organized and is validly existing as a limited liability company under the laws of the State of Iowa and is qualified to do business in the State of Iowa. The Company has full power and authority to execute, deliver and perform in full the Redevelopment Agreement; and the Redevelopment Agreement has been duly and validly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Company enforceable in accordance with its 11 terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 2. The execution, delivery and performance by the Company of the Redevelopment Agreement and the carrying out of the terms thereof, will not result in violation of any provision of, or in default under, the articles of organization and operating agreement of the Company or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to which the Company is a party or by which it or its property is bound or subject. 3. There are no actions, suits or proceedings pending or threatened against or affecting the Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Company or which in any manner raises any questions affecting the validity of the Agreement or the Company's ability to perform its obligations thereunder. Very truly yours, 12 Prepared by: Lizabeth Osborne, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 MORTGAGE This mortgage (hereinafter "Security Instrument") is given on June ~ 2002. The mortgagor is Pamela E. Noel. a sinole oerson and Ellaine Taooart a/k/a Ellaine Noel. a sinole person (hereinafter "Borrower"). This Security Instrument is given to the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") whose address is 410 E. Washington Street, Iowa City, Iowa 52240. It is given in consideration of the Borrewer's receipt of a loan from the City in the amount of three thousand three hundred seventy and forty Dollars ($3,370.40). This debt is evidenced by a Promissory Note (hereinafter "Note") executed simultaneously herewith. This Security Instrument secures to the City: (a) the repayment of the debt evidenced by and under the terms of the Note; (b) all sums, advanced under paragraph 5 to protect this Security Instrument; and (c) the Borrower's performance of the covenants and agreements under this Security Instrument, the Note and a Rehabilitation Agreement executed simultaneously herewith. For this purpose, Borrower does hereby grant to the City a mortgage and security interest in the following described real property located in Johnson County, Iowa: with the street address of 850 Paoe Street; together with all buildings, structures and improvements now standing or hereafter constructed on the property, and ell easements, appurtenances, and fixtures now or hereafter made a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to as the "Property" in this Security instrument. City of Iowa City MEMORANDUM Date: June 5, 2002 To: City Manager and City Council '~) ~.D _ From: Karin Franklin, Director, PCD Re: Parcel 64-1A Development Agreement On your agenda is a resolution that includes the Development Agreement for the Plaza Towers project on Parcel 64-1A. This resolution asserts your intent to enter into the development agreement with Plaza Towers L.L.C. (the Moens), sets forth very specific requirements for developing Parcel 64-1A, and allows for the submittal of competing proposals during a 30-day period ending July 14, 2002. This notice and 30-day period allowing competing proposals is a r. equirement of urban renewal law. By adopting this resolution you are stating the parameters for the project, which include all the components of the Plaza Towers proposal. Any competing proposals must meet these requirements and provide more financially advantageous terms to the City than those presented in the Development Agreement. The Development Agreement is long and complicated but basically achieves three goals: sets forth the particulars of the development; provides for sale of the land; and provides for public financial participation in the project through tax increment financing. The particulars of the project-what is to be built-are those attributes presented in the Moens' proposal selected by the Council--a two tower mixed-use project including hotel suites, conference space, a grocery store at street level, and residential apartments and condominiums (see Exhibit C- Proposal and Exhibit D-Minimum Improvements). Completion of the construction is guaranteed through a performance bond. Construction is scheduled to begin no later than Nov. 2003, with completion by Nov. 2005. The quality and materials of the building are secured by a commitment to the proposal submitted to the Council. Performance is reliant on meeting that commitment. The land is sold precedent on certain conditions being met relating to the approval of construction plans, securing adequate financing, and commitment by the redeveloper to a minimum assessment agreement, among other provisions. The price of the land is $250,000 to be paid in full at the time of conveyance. This was agreed to despite the negative residual value arrived at by our appraiser. The $250,000 will go to the CDBG program and must be used for any CDBG-eligible activity. Parcel 64-1A Development Agreement June 5, 2002 p.2 The tax increment financing (TIF) consists of a $6,000,000 20-year term bond to be paid on a pro-rata basis as construction proceeds. The bond is paid back through the taxes generated in the tax increment financing district. Using estimated interest and millage rates, we have calculated that these bonds can be paid back by the taxes generated by the Plaza Towers project and one other project under construction by the Moens, the Vogel property at Linn and Iowa. The redevelopers have agreed to a minimum partial assessment on Plaza Towers beginning Jan. 2005, a minimum assessment on the completed Plaza Towers beginning Jan. 2006, and a minimum assessment on the Vogel property beginning Jan. 2003. The minimum assessments guarantee adequate tax revenue to cover the costs of the bonds. Kevin O'Malley, John Hintze from the Ahlers law firm, and I will be at the work session on Monday, June 10, to answer any questions you may have. Cc Kevin O'Malley John Hintze Marc Moen Susan Craig Joe Fowler Sarah Holecek Council Member introduced the following Resolution and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was: AYES: NAYS: WHEREUPO'b!, the Mayor declared the resolution as follows: "~RESOLUTION NO. RESOLUTION (1) THE )PMENT REQUIREMENTS AND PROCEDURES FOR DISPOSITION OF THE IOWA CITY AREA; (2) THE PROP~ L.L.C. SATISFIES THE - THE INTENT OF THE CITY TO ENTER INTO AN FOR THE IMPROVEMENT AND SALE OF LAND FOR AND BETWEEN THE CITY OF IOWA CITY, IO AND THE PLAZA TOWERS L.L.C. IN THE EVENT THAT NO PROPOSALS ARE SUBMITTED; AND (3) SOLICITING ?OSALS. WHEREAS, the Cit3 Iowa has heretofore adopted an Urban Renewal Plan (the "Plan") for ect Area described therein (the "Project Area"); and WHEREAS, such Plan' for, among r things, the disposition of properties for the Improvement Sale of Land as a proposed renewal action; and WHEREAS, The L.L.C., an Iowl company (the "Redeveloper") has res circumstances abc /bed by submitting to the City a proposal for the of certain property located ect Area ( ~ for redevelopment together with a request that this property' made available for disposition as rapidly as possible; and WHEREAS, in order to establish reasonably competitive bidding procedures for the disposition of the Property in accordance with the statutory requirements of Chapter 403, Code of Iowa, and particularly Section 403.8, and to assure that the City extends a full and fair opportunity to all Redevelopers interested in submitting a proposal, Redeveloper Guidelines attached hereto as Exhibit A and by this reference made a part hereof, and Competitive Criteria as set forth herein for the Property offering have been prepared; and WHEREAS, said Redeveloper has executed and tendered an A Improvement and Sale of Land for Private Redevelopment to the City, a as Exhibit B, which ,ses and development by the [ ~f a mixed use rlated ' Property; and WHEREAS, to proposal for disposition of the Property already received by the City, as above and to and fair opportunity for other Redevelopers interested in development of the Property, this Council should by this Resolution: 1. Set the fair market value ' for uses in accordance with the Plan. 2. Approve the for the purchase and rehabilitation of the Property (Exhibit Criteria as set forth herein. 3. Approve the Agreement for the Improvement and Sale of Land I) as to form. 4. Set a date of competing opening thereof; establish a~ for each~ to better its proposal and set a cut- off time ; and proposals to this accordance with established procedures. / 5. Declare th/at the proposal submitted by th{ the require ~n~nts of the offering, and that in the other qualified proposgl is timely submitted that the Cit, such proposal and e~er into the Agreement for the Improvement and Sale of Land for Privg~e Redevelopment and direct publication c;(notice of said intent. / 6. All. rove and direct publication of a notice to advi~e any would-be redevelopers of the opportunity to compete for purchase of the Property for redevelopment on the terms and conditions set out above. 7. Declare that in the event another c ualified proposal is timely submitted and accepted, another and future notice will be published of the intent of the City to enter into the resulting contract, as required by law. and; WHEREAS, this Council believes it i~4n the best interest of the City and the Plan to act as expeditiously as possible to offer th~s Property for redevelopment/as set out herein. /~ / NOW, THEREFORE BE IT RESOLVED BY THE CITY C/(JUNCIL OF IOWA CITY, IOWA: ':: 1. The following described property shall ~:be offered for ~iiposition for redevelopment in accordance with the t~rms and co~fitions contained in this resolution and the Plan, to wit: :::. All that certain parcel or parcels located i ~ Iqyfa City, Johnson County, State of Iowa, more particularly describe Beginning at the Northeast corner of linal Town. Thence S00*07'00"E, along the East line ot flock 64, a distance of 196.48 feet to the Southeast comer of an amended in Book 725 at Page 327 in the Office of the Johnson Count the Northeast comer of the City of Iowa City parking ramp; Thence S89' the Southerly line of said amended easement agreement and the buikldin of said parking ramp, 20.04 feet; Thence S00'04'14"W line said Northerly building face, 3.30 feet; Thence N89*55'47"W, ak said Southerly ne and said Northerly building face, 201.95 feet, to the Sjoutheast of a parcel of recorded in Book 1320 at Page 5 in said Recorder's Office; N00*07'00"W, the Easterly line of said parcel, 199.54 feet to the omer of said parcel; ncc N89*59'20"E, along the North line of said Block 64, a ~tance of 220.00 feet to Point of Beginning. Said parcel contains 1.02 acres andsubject to easements ctions ofrecord,(the "Property"). The City for the development of the entire area the Property as provided 2. It is that the disposition Property, for outright same, shall be not less than its fairfor use in accordance with 1 qan. This Council has previously retained a appraisal firm to determine the fair value If any additional work needs to be performed to finalize such value, the Director of Planning is directed to obtain such final appraisal. 3. It is hereby determined that in order to qualify for consideration for selection, each Redeveloper must submit a proposal whih is in conformance with the Redeveloper Guidelines attached hereto ~ Exhibit A, and which must: / a. provide for the construction of a n Xed use commercial-residential complex with a minimum assessed value fc 'property tax purposes of not less than $22,265,000 after taking into consideration any factors such as "roll-backs" which would reduce the taxable ~alue of the property; b. ' ' ~ rt at not include and provide for the Re& veloper s purchase of the Prope y less than the amount of the fair ~ alue thereof for use/in accordance with the Plan; c. include and provide for Property in conformance with the Plan; d. contain a preliminary or contract provision which provides for completion on or before November 1, 2005; e. include a written commitment or provide through other means acceptable of the financial capacity 'to timely commence and complete the ; f. set out or~ h other acceptable to the City the Redeveloper's public/private ects of the magnitude ? g. set out or pr0Zvide through other means to the City the experienc~/(~f the principals and ke. will be directly engaged in the perfoj'inance of the contract in:out projects of similar scale and charac~/~r; and h. inclu~le a statement of intent to enter an Agreement for the Impr6vement and Sale of Land ~ Redevelopment with the City with respect to the Property, including as i part thereo£a Minimum Assessment Agreement providing for a m[nimum assessed value of the completed improvements in an amount ot not less than $22,265,000 after 4 taking into consideration any factors such as "roll-backs" which would reduce the taxable value of the property. 4. Each proposal submitted which satisfies the foregoing Redeveloper Guidelines, as determined by the City, shall be reviewed on the basis of the strength of such proposal following Competitive Criteria: Quality of the Proposed (1) The total cost of theiect and the hard costs per squareof each element of the ect. (2) The types of materialsbe used in the project. (3) Overall proj Architectural Design of the (1) The compatibility of the de~' acent structures, vistas, pedestrian traffic, vehicular future development of adjacent properties. (2) The functional design of the the structures and all public spaces. (3) The aesthetic quality of~ sensitivity to the use properties. (4) The type, size and or signage along each street frontage. Economic (1) The based upon its to identified and the extent and the marketing effort proposed. (2) The the City provided r the proposed including but not limited to, property and sales the number of jobs provided and related development in the area. (3) The ability of the prospective Redeveloper to finance and complete the project as proposed. (4) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. 5. The proposal of the Redeveloper to enter into the proposed Agreement for the Improvement and Sale of Land for Private Redevelopment between the City and the Redeveloper with respect to the Property, be and the same is hereby approved as to form for the purpose stated. 6. For the purpose of defining the c said Agreement for the Improvement ale of Land Redevelopment shall be deemed to be illustrative ' ' the City with respect to: (a) general (b) ] and warranties of Redeveloper; (c) condition, )fthe Property; (d) construction of ents; financing; (f) covenants of the Redeveloper; (g) ; (i) Redeveloper's option to terminate; (j) miscellaneous provisic all exhibits; provided, however, ~ proposal shall be permitted: (1) to devise and own design for development of the Property so long as the Guidelines set out in Exhibit A are met; (2) To devise and method and sources of financing, so long as financing of the project in a timel' '; and (3) pc of the Property to be delayed after the of the contract to October 15, 2003. No deviations shall be 7. It is hereby c the Agreement r the Improvement and Sale of Land for Private ~pment (Exhibit BI the Redeveloper satisfies the ret : and, in the event no other qualified proposals are timely the City intends to enter into: lid Agreement for the and Sale of Land for Private ',lopment. 8. It is hereby determined that scs the qualifications, financial resources and legal ability necessary to ~p the Property in the manner proposed by this offering and in accordance he Plan. 6 9. It is hereby determined that the price for the Property offered by the Redeveloper is not less than the fair value thereof for uses in accordance with the Plan and is hereby approved. 10. The City Clerk shall receive and retain for public examination the attached Agreement for the Improvement and Sale of Land for Private Redevelopment (Exhibit B) for rehabilitation of the Property submitted by the Redeveloper and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final a and execution upon expiration of the notice period hereinafter prescribed. 11. This action of the Council shall l: considered to be and constitute notice to all concerned of the of this Council, in I no other qualified proposals are timel to accept the of the Redeveloper to acquire and develop the for the Improvement and Sale of Land for and between the City and the Redeveloper. 12. The Official Notice of this offering l of the City, in the event no other qualified proposals are timel, enter into the Agreement for the Improvement and Sale of Land for and between the City and the Redeveloper, shall ~ of this Resolution, but without the attachments referred to herein. All of s [ attachments shall be on file for public inspection at the office of the City C1 10 E. Washington Street, Iowa City, Iowa, 52240-1826. 13. The City Clerk is authorized and d immediate publication of said Official Notice in the Iowa , a newspaper having general circulation in the communit, the text of this resolution. 14. Written of the Property will be received by the City Clerk at or bet on Jul, 2002. Said proposals will be received in the Cit' Office, located Washington Street, Iowa City, Iowa, 52240-182~ proposal will ~ opened at the hour of 10:00 A.M. in the * Council Chambers, 410 Street, Iowa City, Iowa, on that Said proposals will >e presented to the City Council at 6:00 y 15, 2002, at a meeting to City Council Chambers, 410 E.' Iowa City, Iowa. 15. The Property competitively offered for sale on the terms and conditions set forth herein such offering shall be in substantial conformance with the provisions orS :tion 403.8(2), Code of Iowa, requiring "reasonable competitive biddin as the same are herein prescribed, which method is hereby determined to be the appropriate method for making the Property available for redevelopment. 16. The required documents for submission of a proposal shall be in substantial conformity with the provisions of this Resolution and shall include those forms, and documents listed in the Redeveloper Guidelines (Exhibit A). 17. The City Clerk is hereby and appointed as the r of Iowa City, Iowa to receive at the and according for receipt proposals and to proceed at such time to formally a of ~ proposals. The Director of Planning is hereby make a preliminary analysis of each such proposal established by this Council Council with respect thereto. The Council shall judge the g the foregoing Criteria approved above and shall make the proposal. 18. If, and only if, and determined by the Council to meet the Redeveloper Guidelines, the shall have until 3:00 P.M. on July 31, 2002 to amend its thereto and to deliver same to the City Clerk. In g within four days after August 1, 2002, at which shall be a bid-off conducted by the City Clerk. During s proposal shall bid against the other, starting with the second ived and continuing until such time as each bidder shall decline and redevelop the Property in response to the i Did r bidder or bidders. The period of time to be allowed for in excess of three consecutive hours on said date. The as informally determined by the City Clerk at or such bid-off shall be absolute. 19. In the event another is and accepted after the conclusion of the the another and ~ published of the ~ to enter into the resulting contract, by law. PASSED day of ,2002. Mayor ATTEST: City Clerk CIG-3 9/91 CERTIFICATE STATE OF IOWA ) )SS COUNTY OF JOHNSON ) I, the undersigned City ',ity, Iowa, that attached is a tree and complete copy of the portion of the of said Municipality showing proceedings of the Council, and the a tree complete copy of the action taken by said Council with respect to matter at meeting held on the date indicated in the attachment, which force and effect, and have not been amended or rescinded in any way; that and all action thereat was duly and publicly held in accordance with a notice of~ and tentative agenda, a copy of which was timely served on each member of the ( and posted on a bulletin board or other prominent place easily accessible to the and clearly designated for that purpose at the principal office of the Council ~ of the face sheet of said agenda being attached hereto) pursuant to the local r Council and the provisions of Chapter 21, Code of Iowa, to the public and media at least twenty-four hours £ the meeting as required by said law and with members of the I further certify that the individuals named therein were and lawfully possessed of their respective city offices as indicated ~ that no vacancy existed except as may be stated in said proceedin litigation is pending, prayed or threatened involving the ' organization, stence or boundaries of the City or the right of the individuals as officers ~ their respective positions. WITNESS my hand ' hereto affixed this day of 2002. City Clerk, Iowa SEAL KGOODPASTER~321304\1 \ z14.068 10 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its authorized representative, on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor// ATTEST: By: Karr, City Clerk L.L.C. / President By:. FOR THE ~ PROPERTY By: Marc B. Moen Michael Moen \ Monica Moen 31 STATE OF IO~WA ) ) COUNTY OF JO~4SON ) On this xX~, day of , before me a Notary Public in and for sa~-Co'~nty, personally appeared Ernest and Marian K. Karr, to me personalb who being duly sworn, di that they are the Mayor and City Clerk, res ~f the City of Iowa City, a Municipal Corporation, created and existing under of the State and that the seal affixed to the foregoing instrument is the of said Municipal and that said instrument was signed and sealed on of said Corporation by authority and resolution of its City Council d said and City Clerk acknowledged said instrument to be the free act and Corporation by it voluntarily executed. otary Public in and for the State of Iowa 32 STATE OF IOWA ) )ss COUNTY OF JOHNSON ) On this ,. day of 20__, before me, the undersigned, a N~tary Public in and for the State of Iowa, appeared Marc B. Moen and Michael'MNoen, to me personally known, who beinme duly sworn, did say that they are the Prestd.~ent and Secretary, Towers, L.L.C., an Iowa limited liability compaq5(, executing the within instrument to which this is attached, and that no seabhas been procured by liability company; that said instrument was signed on'~ehalf of the limited company by authority of its members; and that Marc B.N,Moen and Michael as officers acknowledged the execution of the foregoing inslxrument to be the act and deed of the limited liability company, by it and by th'~n voluntarily ¢ ' Public in and for the State of Iowa 33 (Statement read by Council Member Pfab 6/11/02) They hang the man and flog the woman That steal the goose from off the common, But let the greater villain loose That steals the common from the goose. The Law demands that we atone When we take things we do not own But leaves the lords and ladies fine Who take things that are yours and mine. The poor and wretched don't escape If they conspire the law to break; This must be so but they endure Those who conspire to make the law. The law locks up the man or woman Who steals the goose from off the common' And geese will still a common lack Till they go and steal it back. Englishfolkpoem, circa1764 Copied from:SILENT THEFT, The Private Plunder of our Common Wealth by David Bollier Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA (319)356-5030 RESOLUTION NO. 02-215 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY INC., d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFI~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowner The Moen Group, and Mondo's of Iowa City, Inc., d/b/a Mondo's Downtown, applied for temporary use of the public right-of-way at 212 S. Clinton St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 1 lth day of dune ,2002 _ ATTEST: '),7 ]~/.~w.~ ~.J: ~f .ff~.) Approved by: City Attorney's Office Mondo's Sidewatk Caf6 Res Resolution No. 02-215 Page 2 It was moved by Champion and seconded by Kanner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by Andy Matthews, Asst. City AUomey, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02 - 216 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS, INC. d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFI~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowners Helen and William Byington and Little Donkeys Inc., d/b/a Panchero's Mexican Grill, applied for temporary use of the public right-of-way at 32 S. Clinton St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 11 th day of d un~e ,2_,,(~AYO~~R~ ~'t'~'/'/ ~/.~~ ATTEST:/D~,~ ,~9 ~ .7~.~z,c.) Approved by: City Attorney's Office Panchero's Sidewalk Caf~ Res Resolution No. 02-216 Page 2 It was moved by Pfab and seconded by O' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ADVERTISEMENT FOR BIDS NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 4th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 11th day of June, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Streetscape and lighting improvements in the Northside Marketplace area including installation of 32 lights, 17,000 square feet of concrete work, installation of site furnishings including 8 benches and 10 bike racks, and landscaping. All work is to be done in strict compliance with the plans and specifications prepared by Rick Fosse, P.E. of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment AF-1 of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 35 Specified Start Date: June 18, 2002 Liquidated Damages: $275.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the City Engineer, Iowa City, Iowa, by bona fide bidders. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Janet Lower, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 {319}35 -~5145 / RESOLUTION NO. RESOLUTION G CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY C ATTEST A CONTRACT FOR CONSTRU~:~TION OF THE NORTHSIDE STREETSCAPE PROJECT, PHASE I. ,/ WHEREAS, has ,,/submitted the lowest responsible bid of $ action of the above-named pCect. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNC¢ OF THE CITY OF IOWA CITY, IOWA, THAT: / 1. The contract for the construction of ect is hereby awarded to condition that awardee secure adequate performance and payment bond, and contract compliance program statements. The Mayor is hereby authorized to sign and t~e Clerk to attest the contract for 2. construction of the above-named project, subject to condition that awardee secure adequate performance and payment bond, insurance ce ~cates, and contract compliance program statements. / Passed and approved this ds ~ ,20 / j MAYOR / Approved by ATTEST: / CITY CLERK /' City Attorney's Office / It was moved by / and seconded by the adopted, and upon roll call the/~ were:  NAYS: ABSENT:champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pweng/res/AW RDCON-n sidem ktplace 1 doc Prepared by: Janet Lower, Civir Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 02-217 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-resT A CONTRACT FOR CONSTRUCTION OF THE NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I. WHEREAS, Ali-American Concrete of West Liberty, Iowa has submitted the lowest responsible bid of $320,997.81 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All- American Concrete of West Liberty, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 11th dayof ,June ,20 02 MAYOR Approved by ,~ CIT~'CLERK ': ' '" - ' C~ty Attorney'~ Office It was moved by Pfab and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell × Pfab X Vanderhoef X Wilburn pweng/res/AW RDCON-n sidem ktplace 1 doc ADVERTISEMENT FOR BIDS SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT CITY OF IOWA CITY Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 4th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be pubrished as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 11th day of June, 2002, or at such later time and place as may be scheduled. The Project will involve the following: furnish and install 18,000 square yards of paving, 7,500 cubic yards of earthwork and on site storage, adjustment and reconstruction of sanitary manholes, 1572 lineal feet of chain link fence, furnish and install benches and bollards, seeding, furnish and plant 500 trees and 700 shrubs, minor demolition, removals and other related work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, AD-I or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for the period of five (5) years for paving, and for the period of one (1) years for landscape planting, seeding and erosion control from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 90 Specified Start Date: July 1, 2002 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Project Engineer, MMS Consultants, Inc., 1917 S. Gilbert Street, Iowa City, Iowa, by bona fide bidders. A $45.00 nomrefundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Inc. Plans and specifications will be available May 8, 2002.. A pre-bid meeting will be held in the Emma J. Harvat Hall at 10:00 A.M. on the May 23, 2002, or at such later time and place as may be scheduled. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Depadment of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 04/30~2002 f:\users\lcn~s.sycamore\0339-197~specs\pu blicnotice.doc Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-51 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE TO SIGN AND THE CITY CLERK TO ATTEST A FOR OF THE SOUTH SYCAMORE REGIONAL IDSCAPE AND TRAIL PROJECT. WHEREAS, of the lowest responsible biz for construction of the above-named ect. NOW, ~E IT RESOLVED BY THE CITY COU OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for construction of the project is hereby awarded to su~ to the condition that awardee secure adequate performance; payment bond, ins~ certificates, and contract compliance program statements. 2. The Mayor is the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performance and payme~ ~nd, insurance certificates, and contract compliance program statements. Passed and approved this ., 20 MAYOR by ATTEST: CITY CLE Ci' Office 9~99 ~~. Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 02-218 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. WHEREAS, L. L. Pelling Co. of North Liberty, Iowa has submitted the lowest responsible bid of $495,278.01 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: t. The contract for the construction of the above-named project is hereby awarded to L. L. Pelling Co., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this ].].th day of ,June ,20 02 Approved by CIT'~CLERK City Attor~e-y's O~ce It was moved by 0'Donne11 and seconded by Pfa h the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. ~OLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ArrEST AN AGREEMENT BETWEEN MMS CONS INC. OF IOWA',~CITY, IOWA AND THE CITY OF IOWA CONSULTING SERVICES DURING CONSTRUCTION OF THE SYCAMORE REGIONAl, GREENSPACE LANDSCAPE AND WHEREAS, the CitY.,.received bids and awarded a for construction of the South Sycamore Regional Gr~e,nspace Landscape and Trail Pn and WHEREAS, it is desirable f~r MMS Consultants, Inc. provide construction phase engineering services during construction ofk!~he Project; and WHEREAS, City staff has an with MMS Consultants, Inc. to provide said services; and WHEREAS, the City Council deems interest to enter into the negotiated agreement with MMS Consultants, Inc. for Ent Consulting Services during construction of the Project. / NOW, THEREFORE, BE IT RESOLVE~) IE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / / 1. The Consultant's Agreement ~ttached hereto is~iq, the public interest, and is approved as to form and content. / 2. The Mayor and City Clerk/Ere hereby authorized and directed to execute the attached Consultant's Agreement. / Passed and approved this / day of ,20__ // MAYOR Approved by CITY CLERK , City/~'o~y~ Oft"~-Ce CONSULTANT AGREEMENT for the South Sycamore Regional Greenspace Landscape an~/Trail Project / THIS AGREEMEN~,,,made and entered into this 4th day of 216ne, 2002, by and between the City of Iowa City, a mth3, icipal corporation, hereinafter referrej/to as the City and MMS Consultants, Inc. of Iowa. City, Iowa, hereinafter referred t~/0~ the ~onsultant. WHEREAS, the City has deemed it desirable to construcfa recreational landsca,~e and ~ail within the South Sycamore Regional Greenspace, here~afier referred to as the Project;and / WHEREAS, the City has acquired land for South S~/camore Regional Greenspace and Storm Water Project; and WHEREAS, the City did contract for the gradi~ and construction of the South Sycamore Regional Greenspaee and Stormwater Project )~hich was completed in 2001, and WHEREAS, the City did contract for the Prairie and Wetland grasses and forbs seeding of the South Sycamore Regional Greenspace and;Stormwater Project which was completed in 2001, and WHEREAS, the City did contract the Consultant to ~roduce plans, specifications and contract documents and to assist with contract bidding. WHEREAS, the City Council deems it ~n the pubhc ~nter~t to enter ~nto an agreement with the Consultant for consulting services for construction layout attd staking, on-site inspection, testing, and project administration of the South Sycamore Regional Oreenspace Landscape and Trail Project. NOW, THEREFORE, it ~s agreed by and between the parOes hereto~hat the City does now contract with the Consultant to Provide services as set forth herein. X~ I. SCOPE OF SERVICES Consultant shall provide for the City professional engineering services in all phases of the project to which this agreement applies as hereinafter provided. These services include serving as City's professional engineering representative for the project, providing professional engineering consultation and advice, and furnishing surveying, civil, landscape architecture, structural and environmental eng~neenng services. 1 Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City and agrees to do so in a timely manner. A. GEOTECHNICAL ENGINEERING, CONCRETE TESTiNG 1. The Con'~al,tant will retain the services of Terracon Inc. for assurance of compactidn~and concrete strength as required by 1 2. The scope of Terracon's work will be in accordance with their proposal for the Project dated Jtme 4, is attached to this agreement. B. CONSTRUCTION SURVEYING & LAYOUT This phase involves providing ~ ~ and layout staking services necessary to provide the several nformation they need to construct the site improvements detailed in the construction and contract documents. 1. Provide construction surveying a to delineate removal limits. / 2. Establish horizontal and vertical provided on the plans and offset distance as requested by the / 3. Set lath at locations on the.~ite and to provide sufficient definition for the grading contractor to ~erform his work. 4. Establish a benchmark tlt the project site for use b' Contractor. 5. Additional constructi?n surveying and a. Construction,~urveying and layout staking will be basis. b. A minimurd of 24-hour notice before any construction ng and layout staking seWices are required. C. CONSTRUCTION ADMINISTRATION 1. Consultant will conduct a pre-construction meeting with the contractor(s), City staff and others. 2. The Consultant will provide a project manager in Consultant's office to maintain Project records, serve as liaison between City and contractor, interpret plans and 2 specifications and answer citizens' inquires. 3. Consultant will schedule and conduct weekly construction progress meetings which may include public utility representatives if necessary. 4. Consultant will make periodic site visits to evaluate the con, actor's activities and 5. Consultan[x~vill review and comment on shop dra~gs and product cut sheets. / 6. Daily inspectioi~of construction, measurement/j(nd pay estimates, and reports of c°nstructi°n Pr°b?~s' / . . 7. Consultant will revie~ and comment on.~ontractor's products and methods. 8. Consultant will assist wt~h negotiatio),/s, prepare and process change orders as required with signature foY~pprova~J/provided by the City representative. 9. Consultant will prepare ProjeX~ C6ntractor monthly pay estimates and submit to City with recommendations.- x;//~. Consultant will keep project/materi~, labor and inspection records as necessary for 10. this type of project. // 11. Conduct or witness final/~mspections and t~ts of performance and prepare a final punch list of incomplet~ work. 12. Upon completion of ibc project, Consultant will de~ermine final contract quantities from actual field m~surements, or from field and office records as well as periodic pay estimates and ~bmit final pay estimate to the Cit~;. 13. Consultant will IXovide increased assurance construction ik completed substantially in accordance w/th the plans and specifications. D. RESIDENT INSPECTION 1. The Consultant will provide daily, full-time inspection services based on 400 hours over 90 working days to inspect the project during the course of construction activities to determine that the work is substantially in compliance with the plans and spec~cations; / 2. Consul~tnt agrees to dedicate a single, qualified engineer/construction inspector to 3 the Project, as much as reasonably possible. City has the right to review and approve (or request replacement of) the individual assigned by the Consultant. Substitutions for the assigned construction individual may be required and allowed on a few occasions in the event of conflicts, but with notice given to the City. 3. The Consultant will make field measurements necessary to prepare and process mont~progress payments to the contractor. II TIME OF COMI~4ETION / The Consultant shall comPl~e the following phases of the Pro,ct in accordance with the schedule 1. Consultant will be~n work on all phases }yhen authorized in writing by City. 2. Consultant will perfoXr~a' surveying serv/i/ces/necessary for construction work in advance of contractor's~eeds provid'~g contractor has communicated 48 hours in advance of need. , 3. Consultant will construction administration and testing services at as construction contract, which is expected to be starting work on or about J 1, 2002. 4. Consultant will s in late Fall and early Winter months and will delivery completed ~ I, 2003. III ADDITIONAL SERVICES / The following additional services wi[t be provided by Separate proposals will be prepared as neces ;/firy for additional services, requested or authorized, these services will be provided on tie basis of current hourly lump sum fee. 1. Service to obtain a ]ditional funding from any source City. 2. Service to modif administration i~required by additional funding. 3. Site administrative services for any site visits beyond 80 hours. 4. Prepare Record-of-Construction plans for the completed improvements IV WORK NOT INCLUDED IN THIS PROPOSAL 4 1 Aerial mapping. 2. Environmental assessment and/or impact statements. 3. Geotechnical sampling, evaluation and report regarding the suitability of the existing site soils to adequately support the proposed im[}r~vements and the impact~ the site soils might have on the constructabilityfifthe site improvements. ~~ an~mitig 4. Hazardous~h~aterials identification, delineation, ation. 5. Application, in~act and permit fees. ,/ V. GENERAL TERMS ~ /,/: A. The Consultant shall not commit ~y of the following employment practices and agrees to prohibit the following prac~es in any subcontracts. 1. To discharge or refuse .to hire ~y individual because of their race, color, religion, sex, national origin, disability, age, ~ritfil status, gender identity, or sexual orientation. 2. To discriminate against any individ~l in terms, conditions, or privileges of employment because of their race, col.or, .religion, ~x, national origin, disability, age, marital status, gender identity, or sexual orientation. ~ B. Should the City terminate this Agreement, the Con~t[ltant shall be paid for all work and services performed up to the time of termination. However, s~h sums shall not be greater than the "lump sum" amount listed in Section IV..The City may termihate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be bindin~g upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all pa~es to said Agreement. D. It is understood and agreed t~at the retention of the Consultant by tl~ City for the purpose of the Project shall be as an mdepg~dent contractor and shall be exclusive, b~t the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City thfit all records and flies pertaining to information needed by the Consultant for the projed shall be available by said City upon reasonable request to the Consultant. The City a~rees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed ~3t no Party to this Agreement shall perform contrary to any state, federal, or local law or any off~e ordinances of the City of Iowa City, Iowa. / 5 G. At the request of the City, the Consultant shall attend meetings of the City Council ~ elative to the work set forth in this Agreement. Any requests made by the City shall notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement a d by the City, copies of all basic notes and sketches, charts, ~ other data prepared or obtained by the Consultant pursuant to this Agreement limitation as to the use relative to specific proj~ In such event, the Consultant shall not be other projects. I. The Consultant a to furnish all drawings, with the seal of a ' Iowa law. J. e Consultant all fees in ' manner, excepting, however, that Agreement shall constitute grounds for the ¢ e amount sufficient to properly complete the Proj, e with this K. Should any section of this A , it is agreed that the remaining portion shall be deemed severable L. Original contract drawings ~roperty of the City. The Consultant shall be allowed to keep mylar reproducible c s for the Consultant's own filing use. M. Fees paid for securing approval of s having jurisdiction over the Project will be paid by the City. / N. Upon signing this agreement, ed that Section 362.5 of the Iowa Code prohibits a City officer or empl ~ interest in a contract with the City, and certifies that no employee or c members of the City Council and City boards and commissions r indirect, in this agreement, that does not fall within O. The Consultant agrees at al/times material, to this Agreement t,q have.,and maintain professional liability insurance coverin~ the Consultant s liability for the Con~s~tant s negligent acts, errors and omissions to the City,ln the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. Consultant shall bill/City monthly for services and reimbursable expenses. Payments shall be due and payable3vithin thirty (30) days of City's receipt of invoice. / B. The Consultant sh~ll be paid at his/her hourly rate as set forth in the attached Exhibit A, with the total fee for each phase not-to-exceed the fee listed herein below for the each phase, unless there is a significant change in the scope of the work. Billing statements and written progress reports shall be submitted monthly for payment by the City. C. City shall pay Consultant for services rendered under Section 1 - Scope of Services the maximum fee amounts as follows: Hourly - Not to Exceed Concrete or Asphalt Testing Services (Terracon) $ 3,750.00 Construction Layout & Staking $28,000.00 Project Administration $11,200.00 Resident Inspection $31,500.00 / x,x ' Total $70,700.0/9/ / D. Fees for construction layxout and staking are total fees and are no34idded to previous fees for staking temporary eas~ents as provided in amendment nu, rnber 2 of the February 11, 1997 agreement. · E. If the City fails to make monthl~C~ayments due Consultant, Consultant may, after giving seven (7) days' written notice to Ct~,, suspend services under this Agreement until City has paid in full all amounts due. ~ /" ? V. MISCELLANEOUS F. All provisions of the Agreement shall be rec~ciled in accordance with the generally accepted standards of the Engineering Profess?o~ G. It is further agreed that there are no other consider~ions or monies contingent upon or resulting from the execution of this Agreement, thatXi~,is the entire Agreement, and that no other monies or considerations have been solicited. '- /-~ By:, By: [ Title: Title: / R_, t,¢.,~;/~c~ Date: Date: ~'~.,rl& 4- ~c;c ( City Attorney's Office Date 7 ' 06/04/02 16:51 F)~ 3193660032 ___ ~'EP.~.CON CR IA ~002 l rracan 1917 SuCh Gil~ ~r~t 1~ City, I~ ~2~ Affe~ion: Mr. ~ke N~on Re: Cost ~ma~ ~on~on T~flng SuCh Sy~mom T~ I~ C~, Io~ Pro~sel N~. P02405 ~ar Mr. NeOn: Te~n is ~ to provide this ~st estimate for ~n~ion t~fing se~s on ~e above re~mn~d pr~ in Io~ a~xim~y 3 miles of a 10 ~ wide ~il system w[~ an add~ional % mile of 6 foot ~d6 si~aik. We also u~e~and eider 64n~ ~i~ Poland ~ment ~ncmte (P~) or 8-i~h thick asphalfi= ~ment ~ncmte ~CC) am ~i~ consider. ~nding on ~e aEemative ~, t~ ~ ~ our se~s will e~er ~nsi~ ~ perusing ~p~Ne s~ng~ t~ on co~ete wlindem ~t by othem ~ ~dng of the ACC at ~ ~ons. ~ese sewi~s ~11 ~ ~vi~d on a ~A-fime, as~s~d basis, and ~ unde~and th~ your field mp~ve ~11 ~o~inate w~ us for s~uli~ of the r~ui~ t~. It is sug9~ ~ our field se~i~ (if any) ~ sc~duled e minimum ~ 1 ~ng day in a~an~. For ~-tlme se~l~s, s~uling ~monn~ll ~ on an as-a~able b~is whi~ m~ ~uim ~s of ~rsonnel assig~d ~ ~ pmj~; however, an eff~ wal ~ ma~ to a~ign t~ most ~t su~M~ ve~l~ to a~hodzed ~onnel at the s~e u~n~mp~fion. W~en summa~ of o~e~afions ~d t~fing ~11 be subm~ on r~ule~ i~ewNs or ~ required by ~e pro~ Based on the i~afion you provided, ~ have pmpar~ a ~st"~m~e (a~ach~) using ~r ~nda~ un~ ~es to pmvi~ ~i~ sewi~s. ~ a~ $2.~0 to $2~400 ~r ~e PCC pa~ affemafive and a~ $2,~ to $3,7~ ~r t~ ACC pavi~ ~a~e. It should be u~e~ood our i~oi~s will refle~ ~e a~l wo~ p~d~ per our ~an~a~ un~ ~a~es and hourly m~s. s~n~ntly dep~di~ on ~e a~ual cofls~ion schedule, t~ number of t~ ~d number ~ ~ made to the pmje~ site (if any); the~ore, ~ur ~imate should n~ not-to-ex,ed 06/04/02 16:51 FAX 3195660032 __ TERRACON eR IA ~003 South ~jcamore Trail Terracon Proposal No. [=~0240S June 4, 2002 Unless requested othem~ise, invoices will be submitted to your attention at the above addresa. We have else enclosed our standard Terms and Conditions which should be considered part of our contract for sen'ices. If you am in agreement with this o~ltlined scope of services, please r~um/~'signed copy of this letter to our office which will serve as a formal authorization to proceed.'" We look fomrard to working with you on this project_ If you have any questions, please ~0ntact us. Sincerely, llbn'mr..an dan isi, P E Jeffi'ey L. Magner, P.E. Office Manager Geotechnical Sef~4ces Manager BFG/JLM/gtj:pm~eal/64mm$/P0~405 Attachments Copies to: Addressee (2) NOTICE TO PROCEEI~ BY: (8ignature) \ \ (Client Name) (Pdnt Name) 2 __. '06/04/02 16:~1 FA3[ 3193660032 TERRACON CR IA ~004 TERRACON ESTIMATED PROJECT COST BREAK DOWN South Sycamore Trail - PCC P~ving Iowa City, Iowa June 4, 2002 Coacrete Teet~ - We undemtand apprmdmatel¥ 132 ~i~ ~ ~ ~st ~ o~m f~ ~mp~s~ mn~ tam. ~ ~so un~nd ~e ~lbaem ~11 ~ ~E ~ o~ ~ by ~. t, ~mp~sive ~ T~ (Cyli~rs 132 X $15~00/e~ $1,980,00 ~st ~ ~) / Sum~ Repo~ and 8upewieion e~ d~on, ~in~on, mV~ of ~mp~s~ ~en~ date, t. Pmje~ Engi~r ~ ~ houm X ,/~9.0~our ~14.00 / m cos/ ESTIMATED PRO~ECT C~ B~K DOWN South Sy~om T~ - A~ Paving Iowa.S, I~ June~4, ACC ~ent ~ We assume 20 to 3~ ~1~ ACc ~ ~11 ~ ~i~d a[mg ~ ~ a~me ~ ~ mix in~on ~11 ~ ~vid~ ~ ~. 1. T~ M~ C~ Crow ~ 12~0 ~um X S90.00rnour $t,800.00 2, ~ Veh~e /, ~td~ X $5.~p ~o.oo 3. ~ ~lli~ ~i~ / 3~ da~ X ~0.0~day $200.00 4, ~r . ~ d~ X S50.0~ay $2~.00 5. Diam~d BE Wear ' 16~240 ~ X $~00~ ~80.~ 6. ACC Core Den~ & ~l~e~e 2~0 ~ ~ $18.~1~ $~0.00 To~ $3,240 Sum~w Rep~ and ~pe~ision - Proj~ di~on, ~in~ion, revi~ of da~ and ~umme~ pmpa~. / 1. Pm~ct Engine~ / ~ hou~ X~ ~9.~r ~14.~0 2. S~or Pmj~ E~neer 0.~1 houm X ~ $79.~ou~ $79.00 * B~ed on an esfl~t~ round ~p milea~ of a~ 12 mt~. ]E, rmcon_J __..~6/0__~/02 16:~ F_A~ 3193660002 TERRACON CR IA ~00§ TERMS AND .CONDITIONS TERRACON any d~m~cjes to sublenam~an ~rdm ~' u~Til~s that am not called t~ '~RRACO N'S a~Nion ~ 06/04/02 _~.6:.52 ~193860032 TEI~RACON CR IA ~006 in~6 ar~ ~ by ~d pa~ ~o em ~[ e~ees ~TER~N. un~ ~ ~ ~. ~lmO TO ~E ~R m ~0 OR ~ ~ ~s ~ FOR ~ ~ ~ ~ OR ~E~ A~IHO [~ ~ u~: I~ ~ ~y; ~s ~ ~ ~1; ~ ~ ~su~ ~cU~, ~s, or se~; ~ ~ ~p~l; ~ for ~ ~1. a~ON 1~ IN~E ~N ~ ~ ~ ~d emus ~ l~n~ a~ has ~ b~ ~ ~n~, ~ e~ ~s ~ su~ ~s~. ~ ~ ~U ~E ~ ~ ~ a~ ~ ~m~e ~ S~ON t~ INO~l~: ~ ~ient ~ ~t ~ h~ ~ ~d ~ ~b~d ~ ~e ~ or da~e ~ ~ ~ ~t ~ ~ ~y ~ ~ ~ ~e~ ~, ~r ~ or ~ ~u~ by ~y p~ ~ su~ out of or m~ ~ ~N s ~do~ ~ ~ ~un~r. .. h~ ~- ~ ' ~in~ ~ ~ ~ ~ ~ ~ly ~ ~ ~ ~ ~u~, m~g ~s ~ n~lbe ~Jm~. d~ ~s ~ t~ ~- ~es ~ ~ ~ ~u~n~ ~11 i~e ~ di~ ~ ~ ~.~lmd ~CTION 20; ~ ~ ~ C~nt ~ ~N ~y del~. ~a;g~. s~ or ~r Im d~ or In. St a~lON 21; P~E~ ~se ~ and ~i~ ohall ~ke ~e~ ~ ~y in~l ~ ~n~ p~si~ ADVERTISEMENT FOR BIDS HIGHWAY 1 AND SUNSET INTERSECTION IMPROVEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 11th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 11th day of June, 2002, or at such later time and place as may be scheduled. The Project will involve the following: The removal and replacement of the concrete pavement at the ends of the median islands along Highway 1 at Sunset Street. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposar shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and repoded to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly AF-1 by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 15 days Specified Late Start Date: July 22, 2002 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and spec[fi- cations and form of proposal blanks may be secured at the Iowa City Engineers Office, 410 E Washington Street, Iowa City, Iowa, by bona fide bidders. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 or the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or othe¢ parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quant[- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZIN~ MAYOR TO IGN AND THE CITY CLERK TO ATTEST A FOR ~ISTRUCTION OF THE HIGHWAY 1 AND PROJECT. WHEREAS, of has submitted the lowest responsible bid of for construction ect. NOW, THEREFORE, IT RESOLVED BY THE OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the ~struction of the project is hereby awarded to 9ct to the condition that awardee secure adequate performance and bom ~surance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized s~gn and the City Clerk to attest the contract for construction of the above-named subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. Passed and approved this lay of ~ ,20_ . MAYOR ~ ApprO*v~y ATTEST: CITY CLERK -- City Attorne~j,~,s Office It was moved by __ and seconded by %, the Resolution be adopted, and there were: AY/~: NAYS: ABSENT: / · Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pweng\res\ \hwyl sunsetawdcon.doc 6/02 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 02-219 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, Streb Construction Company, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $48,543.90 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 11th day of dune ,20 02 CITY'CLERK ~ity Attor~ey's0~,~ r~ ~//¢.~2 It was moved by £hampion and seconded by '~4~'ffnel 1 Vthe Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman )( O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Janet Lower, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 02-220 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO AFl'EST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AERIAL SERVICES, INC. OF CEDAR FALLS, IOWA, TO PROVIDE CONSULTANT SERVICES FOR PROCESSING OF AERIAL PHOTOGRAPHY TO PRODUCE DIGITAL MAPPING. WHEREAS, the City of Iowa City desires to process aerial photography to produce digital mapping imagery; and WHEREAS, the City of Iowa City desires to contract for the consultant services necessary to produce this imagery; and WHEREAS, an Agreement for professional services has been negotiated with Aerial Services, Inc., located in Cedar Falls, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Aerial Services, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this llth dayof June ,20 02 . Approved by CIT'~ CLERK C~y Attorney's Office Resolution No. 02-220 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman ~ O'Donnell Pfab X Vanderhoef X Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this [ ~ day of ---4"q A)~ , 2002, by and between the City of Iowa City, Iowa a municipal corporation, hereinafter referred to as the City and Aerial Services, Inc. of Cedar Falls, Iowa, hereinafter referred to as the Consultant. PROJECT DESCRIPTION Whereas, under this agreement the Consultant will utilize existing black/white aerial photography flown during the spring of 2001 to produce new mapping products for the City. The Consultant will provide 1"=100' digital orthophotographs, digital terrain model mapping with 2ft contours and 1"=100' digital planimetric mapping. All mapping products will meet or exceed National Map Accuracy Standards (NMAS) for 1" = 100' mapping. The Consultant will provide all necessary ground control and aero-triangulation. The areas of coverage for the digital orthophotographs include the City of Iowa City, City of Coralville, and the University of Iowa. The areas of coverage for the DTM and planimetric mapping include the City of Iowa City and the University of Iowa. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein: I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Horizontal and Vertical Ground Control 1. Consultant will conduct all surveying operations necessary to develop the horizontal and vertical ground control required to support the photogrammetric mapping project. 2. A readjustment of the 1992 Johnson County survey to the NAD83(1996) High Accuracy Reference Network (HARN) will be performed. 3. The horizontal control will be based on the Iowa State Plane Coordinate System South Zone, North American Datum NAD83(1996). The vertical control will be based on the North American Vertical Datum (NAVDg8). The unit of me~sure used will be the United States Survey Foot. 4. Approximately 144 ground control points will be required B. Analytical Aero-triangulation 1. CONSULTANT will perform a rigorous fully analytical aero-triangulation (AT). 2. Interior orientation for aero-triangulation, control and pass point measurement, and refined plate coordinate generation will be accomplished with a first order analytical stereoplotter. All fiducials and analytical control points will be measured with plate coordinate files created for each strip of photography. All plate coordinate data will be processed using Albany Bundle Adjustment software that performs automated analysis checks for blunders or other errors in the photogrammetry. C. DigitaITopographic Mapping Deliverables '-" (City of Iowa City and the University of Iowa) 1. Digital topographic mapping at a scale of 1'=100' and 2' contour accuracy will be compiled on analytical stereoplotters using the 2001, 2400ft AGL B/W photography. 2. Topographic mapping will meet National Map Accuracy Standards. 3. Planimetric features to be collected include the following: a. Buildings: Commercial and residential, (not small sheds) b. Waterline features: edges of rivers, streams, lakes, ponds, and perennial drainage. Drainage features also include major culverts where visible. c. Transportation: Paved roads, streets, driveways, public walks and parking lots. i. (collected at face of curb in urban areas, collected at edge of pavement in rural areas, gravel and unpaved roads, Railroads, and Bridges.) d. Fences: Cross-country and property line types. (major fence lines) e. Utilities: Manholes where visible. f. Group tree lines, visible electric poles and visible fire hydrants. 4. Digital Terrain Model (DTM) mapping, consisting of 3D plan features, hard and soft breaklines and mass grid points will be supplied in AutoCAD/Softdesk (.DWG) file format. 5. The topographic mapping, DTM mapping, and digital orthos will be delivered in sheets/tiles. The size of the sheets/tiles will be 2000' S-N and 2000' W-E. 6. Topographic mapping will be delivered in AutoCAD/Softdesk (.DWG) ~'ormat at 1"=100' and 2' contour accuracies. Every 5th contour will be shown as an index contour, using a heavier line weight and contour label. All symbolic line features (dashed roads, fence lines) will be shown with a continuous line type (poly line) rather than showing each segment as being a separate cntity. [:.ach feature type will be a distinct layer. 7. An estimate of 285 digital mapping sheets for the City of Iowa City and the University of Iowa (includes the Oakdale Campus) will be delivered on the same 2000' x 2000' tile format. To keep continuity throughout the project, all AutoCAD files, and Digital Ortho tiles will be supplied in the same naming sequence and coordinate space. 8. A layering scheme for the AutoCAD mapping files will be supplied to and approved by the City of Iowa City before the compilation of the topographic mapping begins. 9. ESRI shapefiles logically layered (identical to the AutoCAD layering scheme) will be provided. An estimate of 285 shapefiles will be delivered. D. Digital Orthophoto Deliverables (City of Iowa City, City of Coralville, and the University of Iowa) 1. Digital orthophotos for the entire area specified, 38,026 acres (approximately 59 square miles) will be produced so when plotted at a scale of 1" = 100', well-defined images are observed. All digital orthophoto tiles, when mosaicked together, will create a coverage that will encompass the approximate 59 square miles of project area. 2. All digital orthophoto image tiles will be 2000' by 2000' in size and will be supplied in TIFF image file format. All files will be produced at a 0.5' ground pixel resolution. An associated TFW file will be provided. 3. All digital orthos will be produced to meet National Map Accuracy Standards. 4. A hard copy and digital image catalog will be supplied to allow easy and quick digital orthophoto loading with the selected software system. 5. The image data will also be supplied in a single overall MrSID file. The nominal compression ratio will be 20:1. E. Miscellaneous 1. The consultant will complete a pilot project consisting of two adjacent sheets of mapping and digital ortho's in the area of Melrose Dr and Riverside Avenue. 2. The Consultant's single point of contact will be Janet Lower of the Iowa City Engineering Dept. All correspondence, billings and deliverables will be sent to Janet. 3. One set of deliverables on CD-rom is included. 4. The areas of Digital Topographic Mapping and the areas of Digital Orthophoto coverage are as shown on the plot derived from the 05-15-2002 project meeting. Additional mapping may be included for a negotiated cost. (.' \ IEM P\CONSUI. I AN I AGIt. E[SMliN I d~c I'agc 3 ilt8 II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. See Attachment A. Which by this reference is incorporated herein. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section V. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. C\ II';MI~\CONSUI.'IAN [ AGREEM[~NI doc Page 4 o1'8 G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,0O0,000. IV. CONSULTANT TERMS A. Warranty. All work performed under this Agreement shall Dc in compliance with tile National Photogrammetric Standards of Mapping and tile American Society of Photogrammetry. Standard usc of photogrammctric compiled maps dictatc that the maps be field checked as to their accuracies prior to use. Methods for testing photogrammetric maps are outlined in the "US Department of Transportation, Federal Highway Administration Reference Guide Outline Specifications for Aerial Surveys and Photogrammetric Methods for Highways" (dated 1968). B. Any errors or omissions of data within the area mapped should be reported to Aerial Services, Inc. ("ASI"). IfASI receives no notification of errors or omissions within 60 days of receipt of the mapping, the mapping shall be considered as acceptable and approved by the client. THE FOREGOING WARRANTY IS EXCLUSIVE AND 1N LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.) C. Contingencies. ASI shall not be deemed to have defaulted or failed to perform this agreement if ASI's inability to perform or default shall have been caused by an event or events beyond the control and without the fault of ASI, including, but not limited to federal, state or municipal action or regulation, acts of God or a public enemy, embargos, strikes, labor disputes, fire, flood, inclement weather, explosions, vandalism, civil riots or commotions, or the inability to procure necessary raw materials, supplies or equipment. The existence of such causes of delay shall justify the suspension of all work performed under this Agreement, and shall extend the time of performance on ASI's part to the extent necessary to enable it to make delivery in the exercise of reasonable diligence after the causes of delay have been removed. However, in the event the existence of any such causes of delay make the performance of this Agreement impracticable, ASI may, without liability, be excused from the performance of this Agreement. D. Limitation of Damages. In the event it is determined that ASI has breached this Agreement, the parties agree that damages shall be the difference at the time and place of acceptance between the value of the services and photographic products and/or mapping data accepted and the value they would have had if they had been as warranted. No claim shall be made for proximate damages of a different amount, nor may any recovery be had for incidental or consequential damages. E. Notices. All notices or other communications hereunder shall be given in writing and shall be deemed to be, if duly given or delivered or mailed, first class postage prepaid, to the addresses set forth in this Agreement, or to such other address as directed in writing. F. Governing Law. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of iowa. Each of the parties consents to the ju'dsdiction of the federal and state courts in Iowa in all matters relating to this Agreement. The prevailing party in any action to enforce this Agreement shall be entitled to reasonablc attorney fees and costs. G. Severability. if any term or provision of this Agrecmcnt or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or uncnlbrceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this Agreement or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable, H. Amendment and Waiver. Neither this Agreement nor any provision or provisions herein may be amended or waived except by a written amendment or new agreement executed by the parties. I. Entire Agreement. In entering into and closing this Agreement, no party has relied or shall rely upon any promises, representations and warranties not expressed herein, and this Agreement expresses their entire agreement on the subject matter. V. COMPENSATION FOR SERVICES Digital Topographic Mapping University of Iowa 2,145 acres (includes Oakdale Campus) $ 33,808 City of Iowa City 21,153 acres (excludes U of I) $283,450 Total Cost for Digital Topographic Mapping $317,258 ESRI Shapefile of Street Centerline for the Univ. of Iowa (2,145 acres) $1,200 Digital Orthophotographs University of Iowa 2,145 acres $ 6,993 City of Coralville 13,354 acres $43,534 City of Iowa City 22,527 acres $ 73,438 Total Cost for Digital Orthophotographs $123,965 MrSid image compression $804 Total Lump Sum ................................................................................. $443,227 VI. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 13. It is fi~rther agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C \['I!MP\( ONStJI '['ANT A(}RIdEMI(N Idoc Page 7 o1'8 C. Shipping costs will be in addition to the project total and all items will be shipped UPS ground unless otherwise requested by the Client. D. All services will be billed as work progresses. E. The prices in this proposal are good for 90 days. Our terms are as follows: Net 30 days 1.5% per month on all accounts over 30 days, $3 minimum; unless otherwise specified by the client at time of contract. F. In the event the project is delayed for more than 90 days by client after execution of this Agreement, ASI reserves the exclusive right to change the above proposed prices. FOR T~HE'~Y .~ /~ FOR THE CONSULTANT Title: govor Title: Chief Marketinq Officer Date: June 11, 2002 Date:a,,no in; ~nn~ ATTEST: ~9~,~...,,..,~.? '~..~9 Approved by: City Attorney's Office Date C:\TI{MP\CONS[ iLTAN'I A(i[U A<MIiN [ doc Page g o1'8 Attachment A Delivery Schedule Aerial Services, Inc. will commence the work immediately upon execution ora contract by the City of Iowa City. We will continue diligently thereafter until all the work, services and materials as covered in this contract are accomplished. The overall completion timeline for the individual items is as suggested below: Jun. Jul. Aug. Sept. Oct. Nov. Dec. 2002 2002 2002 2002 2002 2002 2002 Notice to Proceed ( ~ r~)llilt{ ('l)lltl'o{ Nclcclion GPS Ground Control Survey and - Adjustment to HARN Aerial Film Scanning -- Analytical Aero-Triangulation ~__ Ci~, of Coralville Digital Ortho's - DTM aud 2' CI -- Digital Orfl~ Rcclification & Processing ~ Note: The above schedules may be modified as needed with the consent of Aerial Services, Inc. aerial services I06-11-02 ~ 24 Prepared by: non Knoche, Sr. Civil Engineer, 410 E. Washington St,, Iowa City, IA 52240319~356-5138 RESOLUTION NO. 02-221 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR .CONSTRUCTION OF THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52 WHEREAS, -the City of Iowa City desires to construct the Nodh Dodge Street Project ("Project") which includes paving, sidewalk, storm sewer, grading, and other infrastructure improvements between Governor Street and Interstate 80; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has fudher determined that acquisition of certain properly rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Howard R. Green Co., has determined the location of the proposed Project and entered into a contract on behalf of the City with Graham Land Acquisition Associates for property acquisition services; and WHEREAS, City staff through Graham Land Acquisition Associates, should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the North Dodge Street Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee through Graham Land Acquisition Associates is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of properly and/or easements, and offers to purchase property and/or easements. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 02-221 Page 2 4. In the event the necessary properly rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. 20 02 Passed and approved this 11th dayof June. , Approved by CIT",k,CLERK Ci~y ~,t"t'o ~'n e y'~'O ffi ce It was moved by ~__ and seconded by 0'Donne1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn pweng\res\ndodgeproj doc