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HomeMy WebLinkAbout2006-10-03 Resolution ~ I];[ Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 06-313 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 17, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 17"' day of October, 2006, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3rd day of October ,2006. G?~-1 C) J)~ ~ Mayor "- ATTEST: fl~~~.,.J,r. ~ City C erk Approved by: /1t(~ q/~7/~ City Attorney's Ice _._-',- --- -- ------~---_..- - ----,.~-_..~-- ____.~_M ------- ..---_._._~-,_._"._.,--_._...__..,_...._-'_._- ' --.__._-~---~-_..__.,..."..._.__..- ----- ,-, ,-----_..._.._---,-,---.----- Resolution No. 06-,1, Page ? It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Correia x Elliott x O'Donnell x Vanderhoef x Wilbum -- --- -- ---.------,-,-...---.---- ..-..- _.._.__...._-----,---------.".._------_...~.._'-~---..-.-----_..__._.,-"_..._-,_._-~----~--,---_._--"- ...--.------,-----,.. Mj.~, G[ Prepared by Susan Dulek, Ass'1. City Attorney, 410 E. Washington SI., Iowa City, IA (319)356-5030 RESOLUTION NO. 06-114 RESOLUTION RESCINDING RESOLUTION NO. 06-293 AND APPROVING AGREEMENT TO TERMINATE PURCHASE AGREEMENT. WHEREAS, City staff signed a purchase agreement to sell 938 Longfellow Place, Iowa City, Iowa to J. Ashley Smith Calkins under the Affordable Dream Home Program ("ADHOP") contingent on City Council approval; WHEREAS, in Resolution No. 06-293, City Council authorized the conveyance of 938 Longfellow Place, Iowa City, Iowa to J. Ashley Smith Calkins; WHEREAS, J. Ashley Smith Calkins no longer wishes to purchase said property and has signed the Termination of Purchase Agreement, a copy of which is attached; and WHEREAS, it is in the public interest to sign the Termination of Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Resolution No. 96-293 is rescinded in its entirety. 2. The Mayor is authorized to sign and the City Clerk to attest to the Termination of Purchase Agreement. Passed and approved this --1!:!L day of ,o,o~{ AJ.~ MAYOR - , Approved by: ATTEST: *~-~ ~. 9d~ ~~ l.cl.c.-O.b City Attorney's Office CI LERK -- ._-_.._....__._-_.~-"._----~--,,-_._--,- --- ----------"._--_..__.~._._--_.__._------- -,..__........_..~..._-".~--~..~--- _._--~---_._~_.~--_.,---_._--~-_..._... - ---.--.----..- Resolution No. 06-,14 Page ? It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Correia x Elliott x O'Donnell " Vanderhoef x Wilbum -------.---. - ".-".-... - ----..- -----..-- ',- _._--_.._-----,,~---------_._-----------_._._._----_._---.-----.-.-----------.---. .,.,--'.-._-_._--_._",-, TERMINA nON OF PURCHASE AGREEMENT THIS TERMINATION OF PURCHASE AGREEMENT (this "Termination") is dated as of this tIfo day of September, 2006, by and between J. Ashley Smith Calkins ("Calkins") and the City 0 Iowa City, Iowa ("City"). RECITALS WHEREAS, Calkins and City are parties to that certain Purchase Agreement dated on or about July 20, 2006 ("Purchase Agreement"), whereby City agreed to sell and Calkins agreed to purchase residential property located at 938 Longfellow Place, Iowa City, Iowa, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, Calkins and City now desire to terminate the Purchase Agreement upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual coyenanls and agreements contained herein, and other good and yaluable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Calkins and City hereby terminate the Purchase Agreement effective upon execution ofthis Termination. City shall retain Calkins' earnest money deposit in the amount of Two Hundred Fifty Dollars ($250.00). 2. As of the date of this Termination, Calkins and City each hereby forever release and discharge each other, and their respectiye successors, representatives, assigns, officers, directors, members, managers, employees, agents and attomeys from any and all claims, demands, debts, liabilities, actions and causes of action of eyery kind based upon, related to or arising out of the Purchase Agreement. 3. Calkins and City hereby agree to execute and deliyer such further and other documents and do all matters and things which may be conyenient or necessary to more effectively and completely carry out the intentions of this Termination. 4. This Termination constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements relating to the Purchase Agreement. This Termination may not be modified or amended, nor may any rights hereunder be waived, except in a writing signed by the patties hereto, 5. This Termination may be executed in counterparts, each of which upon execution and deliyery shall be considered an original for all purposes; provided, however, all such counterpmts shall, together, upon execution and deliyery, constitute one and the same instrument. DELi\/~.'~J'.- SEP 1 8 2006 (OO372640.DOC) -----~~._---,.._-_._..._-----_.- ....--"' -----....-.-.----...--"..".-..-------..... ._.........~-~----_._..__._~_._._------_._.- .....---..-....---.--.-- -_.~--.-- - ~,---_.,...- IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto have caused this Termination to be duly executed and made effectiye as of the aboye-indicated date. CITY OF lOW A CITY, lOW A B'~ U~ ATTEST, ~~ k *'~ Ross Wilburn , Mayor arm K. Karr, City Clerk ~BY ~ C)-.l(;..C(., City Attorney's Office {OO372640.1JOC}-2- OELiVEREiJ SEP 1 8 2006 ___~_'~"_'W --~- --~~ -- -------------- - ------ --- -. _._---,_._--,--~._---_....__._._'-----_.,._.__.._._._".._--~---_.,..._. \'J\~~ (J;[ Prepared by: Liz Osborne, CD Division, 410 E. Washington St.,lowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-3]5 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 323 DOUGLAS COURT, IOWA CITY, IOWA. WHEREAS, on May 28, 1997, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; 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 property located at 323 Douglass Court, Iowa City, Iowa from a Mortgage recorded July 25, 1997, Book 2313, Page 190 through Page 194, of the Johnson County Recorder's Office. Passed and approved this 3rd day of Octo her ,2O---'lL. ~(J~DL MAYOR Approved by ATTEST: 71(44"-"c.-/ I!. ~ ~~~-:).~-C,s.. CITY CLERK City Attomey's Office It was moved by Bailey and seconded by r.h~mpion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn ------ ------~_._----- _._---~-~-_.._~---~_._---~,--_.~_._-~_._._- --_._--~~_._----".~-_._-_..._.~--_.,-------_._._---- Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Susan A. Redfern Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property located at 323 Douglass Court, Iowa City, Iowa and legally described as follows: Lot 44 in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Susan A. Redfern, to the City of Iowa City represented by a Mortgage, recorded July 25,1997, Book 2313, Page 190 through Page 194, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds "PO" WI. to th."""w ,ropo", by re'~ of ,,'d prio< ~~L ~ M YOR Approved by ATTEST: ~ II. KeuJ ~~ <; , J 1--o~ CI LERK City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 9 rs.- day of Ocrr"SEP , AD. 20 Q t. I before me, the undersigned. a Notary Public: in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clem, respectively I of saki municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of sak:l corporation, and that the instrument was signed and sealed on ,.tfhalf of the corporation by authority of Its City Council, as contained in Resolution No.oHlS, adopted by the City Council on the ~ day (). .,..,aa.e , 2001.. and that the said Ross Wilburn and Marian K. Karr 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. .;'f' SONORAE FORT ~ F--b ~ Commission Numbar 159791 Notary Public in and for Johnson County, Iowa , . My Commission Expires ow .... -0 ----,.'"_. --- ------.. ---,--.-.-...--- ~____.._..___...._m__ __ ____.____ _. __._._....___ _""~___~___.._ __ ____ _ __ __.__~m_'"___.~_. ~ QIJ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00013) RESOLUTION NO. 06-316 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PARTS FIVE to NINE AND RE-SUBDIVISION OF OUTLOT C OF PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc., filed with the City Clerk an application for approval of the preliminary plat of Stone Bridge Estates Parts Five to Nine and Re-subdivision of Outlot C of Part Four, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Stone Bridge Estates Parts Five to Nine and Re-subdivision of Outlot C of Part Four, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 1rd day of cctober '2(;L' t )~ .)^ "'- MAYOR ATTEST: /r~,II. f!.:uJ ,,/? -/f;{O CITY LERK It was moved by Vanderhoef and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1{ Bailey x Champion x Correia x Elliott x O'Donnell 1{ Vanderhoef J{ Wilbum PCDfStaff ReportslRESlPrellm-resSUB06.o0013 Stone Bridge Estates Parts 5-9 ----~ --_..__.__._~ ~ '" ~, Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5240 (SUB06-00010) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 1-8, Outlot "A", and Outlot "B" of Silvercrest Residential Community - Part 2 according to the plat recorded thereof in Plat Book 46 at Page 7, Johnson County Recorder's Office, Iowa City, Iowa, containing 12.17 acres, more or less, and is subject to any easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. - _______..__m_ ____.___.__.._,__._._________.. ----,-- _._--~~_._------_._._'--_. ---_...._~_._-- Resolution No. - Page 2 Passed and approved this day of ,20 . MAYOR Approved by ATTEST: I!I~~ r;:( '"$() ((J? <.- CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ppdadrrin\res\silvercrestpt3.doc __"n" - --- ---------~---~..__.__._~--~--"^.-._~-~_.._--_.__.._--~. _.~-_..__._.._."...._---_._._--_.,-,..,..- . ._,-,._--_._.._----_..------------_._~_.._--_.,_..,--_....- ^11J b, Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00014) RESOLUTION NO. 06-,17 RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE - PART TWENTY "B", IOWA CITY, IOWA. WHEREAS, the owner/subdivider, Arlington Development LLC, filed with the City Clerk of Iowa City, Iowa, the final plat of Windsor Ridge - Part Twenty "B", Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89'58'56"E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 616.82 FEET, TO THE NORTHWEST CORNER OF WINDSOR RIDGE - PART TWENTY "A", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 109, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOO'01'04"W, ALONG THE WEST LINE OF SAID WINDSOR RIDGE - PART TWENTY "A", A DISTANCE OF 278.34 FEET, TO THE SOUTHWEST CORNER THEREOF, AND A POINT ON THE NORTH LINE OF WINDSOR RIDGE - PART SEVENTEEN "B", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 46, AT PAGE 188, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY, 184.04 FEET, ALONG SAID NORTH LINE ON A 205.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 177.92 FOOT CHORD BEARS N59'22'42"W; THENCE NORTHWESTERLY, 29.71 FEET, ALONG SAID NORTH LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 27.05 FOOT CORD BEARS N42'32'24"W; THENCE N89'02'46"W, ALONG SAID NORTH LINE, 50.01 FEET; THENCE SOUTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S45'01 '04"W, TO THE NORTHWEST CORNER THEREOF, AND THE NORTHEAST CORNER OF WINDSOR RIDGE - PART NINETEEN "B", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 105 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'58'56"W, ALONG THE NORTH LINE OF SAID WINDSOR RIDGE - PART NINETEEN "B", A DISTANCE OF 177.00 FEET; THENCE NORTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N44'58'56"W; THENCE N89'58'56"W, ALONG SAID NORTH LINE, 50.00 FEET; THENCE SOUTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S45'01'04"W; THENCE N89'58'56"W, ALONG SAID NORTH LINE, 106.74 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NOO'29'10"W, ALONG SAID WEST LINE, 187.03 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 2.70 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and ___m~_~_.________ __ __ '~"_'__~""_'___'___'__'__'_______'_~~___'_"U' __..,._________.._..___.___________.._._____.___.___._.__0,_____.__.______________..__. ,,__,___,,_ m..'_....__.___._ Resolution No. 06-3] 7 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The final plat of Windsor Ridge - Part Twenty "B", Iowa City, Iowa located on the above- described real estate is hereby approved. 2. The City accepts the dedication of the street, easements and public open spaces as provided by and specifically sets aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 3rd day of October , 20...llL-. ~( -.J~ MAYOR Approved by 'l /; y~~ ATTEST:~;.~,I(. ~ayJ L- City Attorney's Office CI LERK It was moved by Chamoion and seconded by V::inderhoP..f the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y Bailey y Champion x Correia x Elliot y O'Donnell y Vanderhoef y Wilburn pcdlstaff reports/resJFinal.resSUB06-00014 Windsor Ridge Part 20B.doc ____ __"W'_'_'__~__ -~-_._._--~---,----~-~----,._--------"~-~-----~- - .--------------.------...----------.,------ tlr'~ lZo~r6 l ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB06-00008) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF MCCOLLISTER SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the applicant, Don Cochran, filed with the City Clerk the preliminary plat and sensitive areas development plan, and the final plat of McCollister Subdivision, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the Southeast corner of Auditor's Parcel 2004120, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence S88'37'18"W, along the Southerly line of said Auditor's Parcel 2004120, a distance of 647.55 feet, to the Southwest corner thereof; Thence Northwesterly, 3.40 feet, along the Westerly line of said Auditor's Parcel 2004120, and an arc of a 5864.50 foot radius curve, concave Southwesterly, whose 3.40 foot chord bears N29'19'27'W; Thence N30'29'28"W, along said Westerly line, 90.43 feet, to the Northwest comer thereof; Thence N69'30'32"E, along the Northerly line of said Auditor's Parcel 2004120, a distance of 40.62 feet, to its intersection with the Easterly Right-of-Way line of Gilbert Street; Thence N30'29'28"W, along said Easterly Right-of-Way line, 518.18 feet, to a point on the Northerly line of Auditor's Parcel 2004121, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence N87'38'37"E, along said Northerly line, 246.44 feet, to the Northwest corner of the Southeast Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N88'36'08"E, along said Northerly line, and the Northerly line of said Auditor's Parcel 2004120, a distance of 643.71 feet, to the Northeast comer of said Auditor's Parcel 2004120; Thence SOZ'43'14"E, along the Easterly line of said Auditor's Parcel 2004120, 549.60 feet; Thence S53'41'52"E, along said Easterly line 4.91 feet, to said POINT OF BEGINNING. Said Tract of land contains 9.53 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined and approved the proposed sensitive areas development plan; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and sensitive areas plan, the final plat and the subdivision and after due deliberation, recommended acceptance and approval of said plats and subdivision; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary plat and sensitive areas development plan, final plat, and the subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. ------_._,.__._~-_._-_..__._.~-_._-_.__._._-,...._--- .----.-.." ._-"~,--,-,--,-,,,~---~'---'- ------..--.-.. _ __.__._ _._."~.___._m_._____'_________""_""_ Resolution No. - Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary plat and sensitive areas plan, final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents, the preliminary plat and the sensitive areas development plan, and the final plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20_. MAYOR Approved by ATTEST: ~~~~ ?'~74:t... CITY CLERK City Attomey Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pcdfstaff reportIresJPrelimFinal-resSUB06-00008 McCollister.doc .~,.- .--.-----"-_..-_. - ~--~._.~--_.,_._-~~...- .----_._-'-- "" ..._---.'---_._-"._----- .-.,.... . _.._.,.-----~.~---._.._.__._----~--,,---_._...._.._. - ------~-----,.. CHESTER J. CULVER LUCAS BmLDING, FIRST FLOOR IOWA SECRETARY OF STATE DES MOINES, IOWA 50319 October 19, 2006 R.J. MOORE %JOHNSON COUNTY PLANNING & ZONING 913 S DUBUQUE ST STE 204 IOWA CITY, IA 52240-4273 RE: Filing of 28E Agreement between the JOHNSON COUNTY and the CITY OF IOWA CITY Dear MR MOORE: We have received the above described agreement which you have subrnitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of October 19, 2006. For future reference, 28E agreernents can now be filed and searched online by going to my website at www.sos.state.ia.us. Sincerely, ~ ~ Chester J Culver Secretary of State CJCfPK Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us 1IIIgjlllll~IIIIIIIIII~IIIIII~II~~I~iilll Doc 10: 020888210013 Tvoe: OEN Recorded: 10/13/2008 at 09:52:41 AM RESOLUTION NO JQ:J- ~ fjp- '21 Fee Amt: so.oo paae 1 of 13 . - - ~ Johnson Countv Iowa Kim Painter County Recorder 8K4092 po399-411lffiSOLUTION APPROVING THE AMENDMENTS OF THE FRINGE AREA AGREEMENT BETWEEN lOW A CITY, lOW A, AND JOHNSON COUNTY, IOWA WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, it is in the interest of Johnson County and Iowa City to establish policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA: 1. That the Johnson County Board of Supervisors hereby accepts aaiL agr~ to the amendments of the Fringe Area Agreement. ~ ~ ;:0 u:::l '" 2. That the Chairperson be directed to sign said Agreement. H;' ::::! C) ~~r C) ;; om It was moved by ~~ and seconded by ,:5)',JLiv'tU\... the Resolutioni ado;;r. - ,.. <:::) -; AYES NAYS ABSENT ABSTAIN CI") IT! / Hamey ./ Neuzil ~ Lehman Stutsman Sullivan Dated thiv-J2111 day of 61~~..- ,2006 ATTEST: \"\.~~~. ~fLn.~~~ Mike Lehman, Chairperson Tom Slockett, Auditor t;>.;'fi)"fu Board of Supervisors Johnson County, Iowa -\ n' t CORPORA1E SEAL crrJ Prepared by: Robert Miklo, PCD, 410 E. Washing Ion 51., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 06-,1 R RESOLUTION AMENDING THE IOWA CITY/JOHNSON COUNTY FRINGE AREA POLICY AGREEMENT WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, Iowa City and Johnson County entered into an agreement in 1996 (Resolution No. 96-239) establishing policies for the development of land within the extraterritorial area of Iowa City; and WHEREAS, the Comprehensive Plan includes the Fringe Area Policy Agreement; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to update Fringe Area policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the amended policies regarding annexation, zoning and subdivision review for the various designated areas included in the attached Fringe Area Policy Agreement between Johnson County, Iowa and Iowa City, Iowa; and 2. The City Council of the City of Iowa City hereby incorporates the amended Fringe Area Policy Agreement into the Iowa City Comprehensive Plan; and 3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law upon execution by Johnson County. Resolution No. 06-,18 Page 2 Passed and approved this 1rn day of O{'rnh",,.. ; 20..1l.L-. CORPORATE SEAL ~ ( ~ A~' - MAYOR Approved by ATTEST:l21~ ,r'. i(~ ii?n~~ ? 1~74>G? CITY "CLERK It was moved by Bailev and seconded by V~nnprhnpf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn Ppdadmfreslfringe28E.doc FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (2005) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes altemative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Johnson County Land Use Plan adopted December 31, 1998 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in December, 1997 outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County (the "County") and the City of Iowa City (the "City") to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (2005). Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. The development policies of this Agreement are intended to be consistent with the policies of the adopted Johnson County Land Use Plan and the Iowa City Comprehensive Plan. - 2 - A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. S. Development Standards The following general standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Land Use Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. 2. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to JohnSon County Public Health Department Regulations. 3. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. C. Fringe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A 1. Land within Iowa Citv's Growth Area. Land in Area A which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells, with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Prior to annexation, any zoning changes in Iowa City's projected growth area shall be consistent with the City's adopted land use plan. 2. Land outside Iowa City's Growth Area but in the Countv's North Corridor. Residential uses are the preferred use in this area. Any re-zonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. On a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) may be considered. RS zoning will be considered if the application to rezone includes a concept plan showing a minimum of 50% of the property designated as an outlot for open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. On the balance of land outside the North Corridor, agricultural uses are preferred. - 3 - 3. Any development on property govemed by the Iowa City/Coralville Agreement Providing for Future Annexations and Extraterritorial Review of Subdivision Plats (Sept. 1999) shall be consistent with said agreement. Such agreement shall take precedence over this Fringe Area Policy Agreement. 4. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code ~354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A. 1. Land within Iowa City's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan. Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan. Subdivisions and development projects within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. 2. Land outside Iowa Citv's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/Agricultural area in chapter 8:1.6. Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8: 1.6.1.4.c of the Johnson County Unified Development Ordinance. Given the existence of commercially zoned property and the demand for commercial uses at the 1-80/Herbert Hoover Highway interchange, rezonings to County CH-Highway Commercial District of property abutting the interchange, as shown on the attached fringe area map, will be considered. However, the only uses that will be allowed will be: Auto and truck oriented uses" Hotels, motels, and convention facilities, Office buildings and -4- studios, restaurants, and any accessory use normally associated with the permitted principal use. All existing commercially zoned property and any properties rezoned to CH-Highway Commercial shall be subject to the City's and the County's Site Plan Review Requirements with the most restrictive standards applying in instances where the two standards differ. 3. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code 9354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C 1. Land within Iowa Citv's Growth Area. Land in Area C, which is presently zoned for residential development and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged south and southwest of the Iowa City Municipal Airport as shown on the attached Land Use Plan and in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial and/or industrial developments within this area prior to annexation. As stated in the Johnson County Land Use Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for uses consistent with the City's Comprehensive Plan. 2. Land outside Iowa City's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Unified Development Ordinance and City Rural Design Standards. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/ Agricultural area in Chapter 8:1.6 Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8:1..6.1.4.c of the Johnson County Unified Development Ordinance. -5- 3. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code 9354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zonino Reoulation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (2005), the enabling legislation for the County's zoning powers. 2. Pursuant to Section 8: 1.23 of the Johnson County Unified Development Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. 3. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. B. Subdivision Reoulation: 1. Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. 2. Persons wishing to subdivide land within the fringe area speCified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Planning and Zoning Commission. 3. Subdivisions of land into fewer than three lots will continue to be regulated by the County. -6- C. Develooment oroiects not reauirina subdivision: Any development projects larger than 2 acres within the City's growth area shall be subject to review by both the City and the County in accordance with the procedural requirements of each jurisdiction. D. Annexation: 1. Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. 2. The City will, upon receipt, forward applications requesting annexation or severance (de- annexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. 3. As. appropriate and necessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an altemative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. E. Conflict Resolution: If the City and County are in conflict over a proposed subdivision, rezoning application, or annexation that may violate this agreement, a review committee, comprised of members of the City Council, Board of Supervisors and staff, shall be established to negotiate a resolution prior to final action being taken by either body to subdivide, rezone, or annex property. SECTION IV. AGREEMENT REVIEW At any time during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for five (5) years after the date of execution of this Agreement. This Agreement shall be automatically renewed unless the County or the City objects to such renewal prior to the renewal date. SECTION VI.. RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (2005). Dated this iJ#! day of () d oh~,- ,2006. ---.--- -7- JOHNSON COUNTY By: M ~) d7v~Ih Chairperson, Board of Supervisors APprry ~ County Attorney' /-: /' ( f!Ldr Attest: County Auditor Dated this / 3 t-~ay of C) c. I" "... I- , 2006 CORPORATE S~L CITY OF IOWA CITY By: \2 U~ ,~ Mayor Attest: ~ 'CoRP~RA~~AL Approved by: Ci!!~~ /t'/~/p'w ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Appendix A: Definition of Standards - APPENDIX A Definition of Standards Citv Urban Desiqn Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City. City Rural Desiqn Standards: 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right- of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zoning Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to Y-;-inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22-foot wide chipseal surface. 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a 12-inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within the right-of-way. 2.0 Water Distribution Svstem 2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC-ASTM D1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 II shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System is subject to City Council consideration based on availability. Generally, annexation is a criterion which must be met. 2 3.0 Sanitarv Sewer All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers 4.1 With the exception of developments located in the Old Man's Creek watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2' x )1,", 20" x )1,", and 3"x1 ") shall be used. Culverts shall conform to the Standard Specifications for Hiohwav and Bridoe Construction. Series of 1977. Minimum cover over the top of culvert shall be six inches. 5.0 Underoround Utilities . 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. ppdadminldefslandapp.doc 0 . CO C QI & ~ ~! c ~itlit i 1- ~ a ~ ~ ~ ~ ~ I ~ :::>- ~ ~ i ~ . ! ~ ~; Ql ",~'L~8 1l &i~ IC) 0;::: o < < m moO ~ z Ie ;!is j!!!~~~! iJ~ llQ :::0 u ~ aU fIluuoBSSt5!U1::52 .. '"""'l . ~ c co c <a <a c co. t i ~ Ql ID ~ ~ ~ ~ ~ ~ ~ ~ ~ z z ~ ~ .... '" iilllllllOl1 ~- >--- --- ~ '--- lQ '" ~ ~ .c .2' :t: --- .. Ql > ~ lQ ~ ~ !:! '" 0 ~ 0 -- :t:__- - .. Ql .c .. ~ lIil '" N :: ;!: AFT~ '" '" g> .u....l '" di"5 _J '" > ~ - ~ 8~ 0 N !;; ~.- N ~ 1::= ~ '" $! ~ 0 .8~ ~.<: N QJ .2' ~~ Q. CI N 1'J l:j .. 0> :!! :E CI Q) ... L ~ '" ., ~ < Q) en ... c 0- ~ Ul L lL ~ -.r >-'" .. '" !:! of- ~ N N o- J \.) a (Y) ~ .. ~ :: 0 ..... ""'" N ~~ ~ e C ::::J 0 ..... \,) ~ N 0> C to 0 ci III 0 C ~ t::: ~ !1J ., 0 ..., ., ~ g <D ... ~ .. ~ !:! ~ .. N :: ~ ~ lIil l!l '" !:l '" $! . :!! ~ ... '" N ., .. '" N I &1<- I ~ 1 CITY OF IOWA CITY ~~~~*t:t MEMORANDUM -..;:;:.....~IIIII' ....~ Date: September 15, 2006 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: Iowa City/Johnson County Fringe Area Agreement The Iowa City/Johnson County Fringe Area Agreement governs development within the two mile fringe area of the Iowa City Corporate boundary. The most recent version of the agreement was adopted in the year 2000. A committee with members of the Iowa City City Council, Johnson County Board of Supervisors, and staff has been discussing amendments requested by the County. The proposed amendments are shown in bold print in the attached agreement. In general, the proposed amendments provide more restrictions on residential development outside of the city's growth area and the county's north corridor to favor rural and agricultural uses over residential development as proposed in the Johnson County Land Use Plan. The amendments also provide for a shift to the west of an existing commercial area at the interchange of 1-80 and Herbert Hoover Highway; and city site review standards would apply in this area when they are more restrictive than the county standards. Staff recommends the approval of the proposed amendments to the Fringe Area Policy Agreement. ATTACHMENT: Fringe Area Agreement between Johnson County and Iowa City Approved by: Karin F anklin, Director Depa ment of Planning and Community Development ppdadmfrnem/bmiklo. fringeagree.doc Appendix C FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (2005) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Johnson County Land Use Plan adopted December 31, 1998 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in December, 1997 outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County (the "County") and the City of Iowa City (the "City") to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (2005). Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. The development policies of this Agreement are intended to be consistent with the policies of the adopted Johnson County Land Use Plan and the Iowa City Comprehensive Plan. -2- A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following general standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Land Use Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. 2. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. 3. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. C. Frinqe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A 1. Land within Iowa Citv's Growth Area. Land in Area A which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells, with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Prior to annexation, any zoning changes in Iowa City's projected growth area shall be consistent with the City's adopted land use plan. 2. Land outside Iowa Citv's Growth Area but in the Countv's North Corridor. Residential uses are the preferred use in this area. Any re-zonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. On a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) may be considered. RS zoning will be considered if the application to rezone includes a concept plan showing a minimum of 50% of the property designated as an outlot for open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. On the balance of land outside the North Corridor, agricultural uses are preferred. -3- 3. Any development on property governed by the Iowa City/Coralville Agreement Providing for Future Annexations and Extraterritorial Review of Subdivision Plats (Sept. 1999) shall be consistent with said agreement. Such agreement shall take precedence over this Fringe Area Policy Agreement. 4. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code 9354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A 1. Land within Iowa Citv's Growth Area. As applications are received to deveiop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan. Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan. Subdivisions and development projects within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. 2. Land outside Iowa Citv's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/Agricultural area in chapter 8:1.6. Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8:1.6.1.4.c of the Johnson County Unified Development Ordinance. Given the existence of commercially zoned property and the demand for commercial uses at the 1-80/Herbert Hoover Highway interchange, rezonings to County CH-Highway Commercial District of property abutting the interchange, as shown on the attached fringe area map, will be considered. However, the only uses that will be allowed will -4- be: Auto and truck oriented uses, Hotels, motels, and convention facilities, Office buildings and studios, restaurants, and any accessory use normally associated with the permitted principal use. All existing commercially zoned property and any properties rezoned to CH-Highway Commercial shall be subject to the City's and the County's Site Plan Review Requirements with the most restrictive standards applying in instances where the two standards differ. 3. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code 9354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C 1. Land within Iowa Citv's Growth Area. Land in Area C, which is presently zoned for residential development and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged south and southwest of the Iowa City Municipal Airport as shown on the attached Land Use Plan and in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial and/or industrial developments within this area prior to annexation. As stated in the Johnson County Land Use Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for uses consistent with the City's Comprehensive Plan. 2. Land outside Iowa City's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Unified Development Ordinance and City Rural Design Standards. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a RuralJ Agricultural area in Chapter 8:1.6 Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8:1.6.1.4.c of the Johnson County Unified Development Ordinance. - 5 - 3. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code 9354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoninq Requlation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (2005), the enabling legislation for the County's zoning powers. 2. Pursuant to Section 8: 1.23 of the Johnson County Unified Development Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. 3. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. B. Subdivision Requlation: 1. Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. 2. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Planning and Zoning Commission. 3. Subdivisions of land into fewer than three lots will continue to be regulated by the County. - 6 - C. Development proiects not requirinq subdivision: Any development projects larger than 2 acres within the City's growth area shall be subject to review by both the City and the County in accordance with the procedural requirements of each jurisdiction. D. Annexation: 1. Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. 2. The City will, upon receipt, forward applications requesting annexation or severance (de- annexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. 3. As appropriate and necessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. E. Conflict Resolution: If the City and County are in conflict over a proposed subdivision, rezoning application, or annexation that may violate this agreement, a review committee, comprised of members of the City Council, Board of Supervisors and staff, shall be established to negotiate a resolution prior to final action being taken by either body to subdivide, rezone, or annex property. SECTION IV. AGREEMENT REVIEW At any time during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for five (5) years after the date of execution of this Agreement. This Agreement shall be automatically renewed unless the County or the City objects to such renewal prior to the renewal date. SECTION VI. RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (2005). Dated this day of ,2006. -7 - JOHNSON COUNTY By: Chairperson, Board of Supervisors Approved by: County Attorney's Office Attest: County Auditor Dated this day of ,2006 CITY OF IOWA CITY By: Mayor Attest: City Clerk Approved by: City Attorney's Office ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Appendix A: Definition of Standards M~ (][} Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-,19 RESOLUTION APPROVING OF AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR SADDLEBROOK ADDITION PART 2 WHEREAS, the City and The Paddock, L.L.C. entered into a Subdivider's Agreement for the above-referenced subdivision, dated February 6, 2001; WHEREAS, Section 10-A of the Agreement limits to 416 the number of units that can be constructed in the subdivision until such time that secondary access is provided; WHEREAS, the Subdivider has now requested different terms and conditions upon which the Subdivider shall be required to provide secondary access, as set forth in the Amendment attached hereto; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The C~ Council does here~ approve of the attached Amendment to Subdivi er's Agreement for Sad lebrook Addition Part 2. 2. The City Clerk and Mayor are hereby authorized and directed to execute the attached Amendment to Subdivider's Agreement for Saddlebrook Addition Part 2, to certify a copy of this resolution and record the same at the office of the County Recorder of Johnson County, Iowa at the expense of the subdivider. Passed and approved this 3rd day of October ,20 06 Gc?.J --.J Jb Approved by ATTEST: 7}~/(. k~ /I!~ '7/~7/PU CITY CLERK City Attorney's Office ---~-- --~-~~._----_._-----_.._-_.,_._---_.._~._---_._--'-"----.--,.--- -----,-,_.__._---------,----,-,----~.- Resolution No. 06-1]9 Page ? It was moved by Vanderhoef and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn _______.._.._..._~....___._.._.._.._____~______._..__.__ - - __ _____ "'~_'" m___.__.____.._._.___.__.__.._________.._' _'__'_ _ _____._......_..__,._.._." .-.------......-...,~-.,,-_.-.-..--~..-..-,,-----.---..--...-"------------..... - .- .-. Prepared by & Return to: Mitcbel T. 8obr, Asst. Cn,. Attorney, 410 East Wasbingtoo St, Iowa City,]A 52240; (319) 356-5030 AMENDMENT TO SUBDIVIDER'S AGREEMENT SADDLE BROOK ADDITION PART 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) WHEREAS, the City of Iowa City ("City") and The Paddock, L.L.C. (collectively "Subdivider") entered into a Subdivider's Agreement for the above- referenced subdivision, dated February 6, 2001, which is recorded at Book 3037, Page 322, et seq., of the records of the Johnson County Recorder ("Agreement"); WHEREAS, Section 10-A of the Agreement limits to 416 the number of units that can be constructed in the subdivision until such time that secondary access is provided; WHEREAS, the City and Subdivider have now agreed to different terms and conditions upon which Subdivider shall be required to provide secondary access; FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the parties' Agreement is hereby amended as follows: Section 10-A of the Agreement is deleted in its entirety and replaced with the following: A. Limitation on Units and Construction of Secondary Access The parties hereto acknowledge and agree that adequate secondary access to Saddlebrook Addition Part One and Saddlebrook Addition Part Two shall be constructed within 3 years of the issuance of a building permit for Building A or Building B on Lot 5 or for Building 6, 7, 8, or 9 on Lot 4 Saddlebrook Addition Part Two or within 6 months of the issuance of the last occupancy permit for all of the above described units on Lots 4 & 5 Saddlebrook Addition, Part Two, whichever occurs sooner. The parties hereto acknowledge and agree that prior to the issuance of building permits for Building A or B on Lot 5 or Buildings 6, 7, 8, or 9 on Lot 4 SaddlebrookAddition Part Two, Subdivider shall submit a letter of credit acceptable to City which provides for an automatic draw on funds sufficient to cover the costs, plus 10%, of the construction of adequate secondary access from the Saddlebrook Additions via an extension of Pinto Lane to Whispering Meadows Drive. - -- ------_.~--------_.._._._-_..._. -- _.._----~--~-_.,---_._.._--,_._--~._._--_.._-_._. .-.-..-...-- ._-"..__._._--_..._~--_. --- .,.".__..._..___m_... By: Ross Wilburn, Mayor ~k...~ By: rian K. Karr, City Clerk THE PADDOCK, LLC. ~ f~/L.L.C. "?' u __^ u.:tt." ~ By: -"_."-"..._,-,._--~----~.~.._----_.~,------"_"_----------...,.---..--"...--- --_._~,-_._,...,_.,._._,~-_._.,_._--------------~-----,..------------..---- '., STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 3'.1. day of D c:rDA.E1L- , 200 ~ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn 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 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 Ross Wilburn 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. S"""~ Ftrrb Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) t!!. This instrument was acknowledged before me on this 2 day of ft-hk~Y , 20.Qjp by . RW\"~ 12 \'YIi IIV" and as Manager(s) of The Paddock, L.L.C. (~ ~~1tt No Public i d for said State ~\ LYIlIlKIlIGHT o Commission Number 725469 ~ . . My Ccmmisslon ~ November 13. ._".---,-,-,,-----,--,-,,--_.._--------_.._.__..'-------------~--~~,._--~.._-_._--_._-------_._--- ,,-_._..._--_...._.._-,--_...,,_._-,----_.._._-_.~-_._---_._-_._-~----_._-----~_..- I! 1 &L-- =_ ::.....~_ C I T Y 0 F lOW A C I T Y !:~w~"!.~ MEMORANDUM ~"'~"'IIIII' ...... ... Date: September 15, 2006 To: Iowa City Planning and Zoning Commission From: Jeff Davidson, Assistant Director, Department of Planning and Community Development ~ Re: Proposed Amendment to Subdivider's Agreement; Saddlebrook Addition Part 2 Over the past 13 years Saddlebrook Subdivision has been developing with a single access point on US Hwy 6 at Heinz Rd. Based on our secondary access guidelines, the City negotiated a maximum of 416 dwelling units that could be constructed in the subdivision before a secondary means of access would be required. The developer is now preparing to provide secondary access via an extension of Pinto Lane to Whispering Meadows Drive. However, the developer has requested that they be allowed to develop up to 27 additional dwelling units prior to secondary access being constructed. The developer has asked to be allowed to complete the additional 27 dwelling units because all of the necessary infrastructure is in place for construction of these units. The developer controls all of the property necessary for the extension of Pinto Lane which will provide secondary access to Saddlebrook Subdivision, and has indicated they are committed to completing the construction of this street. They would like to take advantage of being able to construct 27 dwelling units for which all necessary infrastructure is in place, prior to the completion of Pinto Lane to Whispering Meadows Drive. We have discussed this issue with the developer and determined that we would be willing to allow the additional units to be constructed under the provision of our secondary access guidelines which allows a single means of access to be permitted as a temporary condition. A temporary condition is defined in our guidelines as one where there is a written assurance that the road which will provide secondary access will be constructed within three years. The developer has agreed to an amendment to the Subdivider's Agreement for Saddlebrook Addition Part 2 that will allow the additional 27 units before secondary access is provided, and will require secondary access to be constructed within three years of the issuance of the initial building permit or within 6 months of the issuance of the last occupancy permit, whichever occurs sooner. The subdivider is also required to submit a letter of credit to the City which would provide 110% of the estimated expense to construct the Pinto Lane extension to Whispering Meadows Drive. The City would be able to use these funds to construct the street in the event that the developer did not have it constructed within the specified time frame. We believe that it has been appropriate to allow a relatively high number of dwelling units to be allowed on a singie means of access for Saddlebrook Subdivision under the provisions of our secondary access guidelines which states that these issues should be determined on a case by case basis. Saddlebrook Subdivision does not include the physical features, institutional uses, or special popuiations that cause us concern when considering secondary access issues. However, we believe we are at the point where the City needs an assurance that secondary access to Saddlebrook Subdivision will be provided within a specific time frame and we believe the proposed amendment to the Subdivider's Agreement accomplishes that. cc: Karin Franklin Bob Miklo Jccogadm/memosljd.saddlebrook2.citymemo ?t..- Prepared by & Return to: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St, Iowa City, IA 52240; (319) 356- 30 '\ AMENDMENT TO SUBDIVIDER'S AGREEMEN SADDLEBROOK ADDITION PART 2 esubdivision of Lot 4 of Saddlebrook Addif n, Part 1) WHEREAS, t City of Iowa City ("City") and The Pad (collectively "Subdivide ') entered into a Subdivider's Agree nt or the above- referenced subdivision, ted February 6, 2001, which is r cor ed at Book 3037, Page 322, et seq., the records of the Johnson C nty Recorder ("Agreement"); WHEREAS, Section 10- of the Agreement Ii ts to 416 the number of units that can be constructed in e subdivision unti uch time that secondary access is provided; WHEREAS, the City and Sub ivider ha e now agreed to different terms and conditions upon which Subdivider hall b required to provide secondary access; FOR GOOD AND VALUABLE CO DERATION, IT IS AGREED that the parties' Agreement is hereby amended s fo ws: tirety and replaced with the / A. Limitation on U . and Constructio of Seconda Access The parties here 0 cknowledge and ag e that adequate secondary access to a dlebrook Addition Part ne and Saddlebrook Addition Part Two sh II e constructed within 3 y rs of the issuance of a building permit for i ing A or Building B on Lot or for Building 6, 7, 8, or 9 on Lot 4 Sadd book Addition Part Two or wit 'n 6 months of the issuance of the la ccupancy permit for all of the atJ ve described units on Lots 4 & 5 Sa I brook Addition, Part Two, whiche er occurs sooner. The parties heret cknowledge and agree that prior to he issuance of building permits f, r Building A or B on Lot 5 or Buildings 6, 7, 8, or 9 on Lot 4 Saddlebrook Addition Part Two, Subdivider shaU- ubmit a letter of credit acceptable to City which provides for an automatic draw on funds sufficient to cover the costs, plus 10%, of the construction of adequate secondary ac~ss from the Saddlebrook Additions via an extension of Pinto Lane to hispering Meadows Drive. - __n_____________._ -----_.~----- ,,--~-_.._--------_..-..__..._...._...~---_.......__...-.-----..."'.-----..." CITY OF IOWA CITY __ g~ 'A c:-.- By: Ross Wilburn, Mayor :~ty A1t mey'. OffIce ..,.,/z; ~lp By: Marian K. Karr, City Cle THE PADDOCK, LLC. By: By: L ) STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of , 20_, before me, the und rsigned, a Notary Public in and for said Co nty, in said State, personally app ared Ross Wilburn and Marian K. Karr, to e personally known, who bein by me duly sworn, did say that they are the ayor and City Clerk, respe ively, of said municipal corporation executing the ithin and foregoing instru nt; that the seal affixed thereto is the seal of said mu 'cipal corporation; that s Id instrument was signed and sealed on behalf of said unicipal corporatio y authority of City Council of said municipal corporation; an that the said Ro Wilburn and Marian K. Karr acknowledged the execution of s 'd instrument t e the voluntary act and deed and said municipal corporation, by it a d by them oluntarilyexecuted. STATE OF IOWA COUNTY OF JOHNSON This instrument was edged before me on\ this day of by \ and , anager(s) of The Paddock, .Le. Notary Public in and or said State ----_._-_.._-_.__..~_._...._..._"._,-------~._--~_.~--~----_._._----~~- ---....".. -----------_._--~-----"_._-_.".__._- Li:l Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. Of.-1?O RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HIERONYMUS SQUARE ASSOCIATES WHEREAS, by Resolution No. 01-366 approved and adopted on November 13, 2001, and as modified and amended from time to time, the City Council approved and adopted an urban renewal plan for the Project Area designated as the "City-University Project I Urban Renewal Plan", (the "Urban Renewal Plan") with stated objectives including efforts to eliminate substandard buildings, blighting influences and environmental deficiencies in this important section of the City of Iowa City, to establish conditions which will prevent the recurrence of blight and blighting conditions, and permitting the City to respond to development opportunities as and when they may appear; and WHEREAS, the City has received a proposal from Hieronymus Square Associates (the Developer), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the City-University Project I area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the agreement as the "Development Property"), and upon certification of the completion of said Minimum Improvements, the Developer will be eligible for an Economic Development Grant; and WHEREAS, the Agreement further proposes that the City provide up to a total of thirteen (13) consecutive annual Economic Development Grant payments, the total, aggregate amount of which shall not to exceed $16,374,800, to the Developer commencing no earlier than June 1, 2012 and ending on June 1, 2024, pursuant to Section 403.9 of the Urban Renewal Act, in amounts equal to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Properly, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, the Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ------_._-_._----_._---~--------_._---~_.- ---..-------- .~-----_._-"------------._--------_.- . Resolution No. 06-,70 Page 2 Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to the making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403A and 15A of the Iowa Code. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the Mayor Pro Tern and the City Clerk and the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, 'additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as exec\Jted. Passed and approved this irn '.ym Cdr(J~ MAYOR ATTEST:~~ ~ -k~ CITY RK '--'-'~-'-'------'------'---~_._------~~--"~-"-'-'-- --------,--~~-_. Resolution No. 06-320 Page 1 It was moved by Ra 11 ey and seconded by o'nonnpl1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilbum -- _.__._~--,.._-_._,_..-- --- -----_._-,-"_..,,_...._......._~-,._,_._----~.~--_._.._-._._-_._,._._~- ..,----.-,.---,-,----.---.- - --.--.. _....---..._-----_.~---~...- -- AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF lOW A CITY, IOWA AND HIERONYMUS SQUARE ASSOCIATES - 1 - ._._-_.-'-~-"'--_._-'.'-'---' .._,._-,-,._..._._._----_.._".~---~---~.._----~--------~--_._.~,.__.,,-_.- - -.-.-..." ---- -..- -..--... ....- THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the 3rd day of October ,2006, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code ofIowa of the State ofIowa and acting under the authorization of Chapter 403 of the Code ofIowa, 2005, as amended (hereinafter called "Urban Renewal Act") and Hieronymus Square Associates, having an office for the transaction of business at 711 S. Gilbert Street, Iowa City, Iowa (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City-University Project I Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 01-366 dated November 13,2001; and WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will cause certain improvements to be constructed on the Development Property and will cause the same to be operated in accordance with this Agreement; and WHEREAS, the City believes that the development and continued operation of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. 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: -2- -_._-----_._-~_._-"._-,_.._-----------~'~.__..._-~-~--..._- ARTICLE 1. DEFINITIONS. Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part ofthis Agreement, provided to the Developer pursuant to Section 3.2 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code ofIowa, 2005, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property upon which the Minimum Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Hieronymus Square Associates. Development Property means that portion ofthe City-University Project I Urban Renewal Plan Area of the City described in Exhibit A attached hereto and incorporated herein. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section 10.1 ofthis Agreement. - 3 - ___n___._ _"W_~__ .~__,~,___'__'_ __,.__.._"_____"______._..____.____..___._ - - __~,.__.___..~._.._._.~__.._ _'_n______ ~ .,m,',', .__.._.__.____"._,~__..._ First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Hieronvmus Square - City-University Proiect I TIF Account means a separate account within the City-University Project I Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements. Minimum Improvements shall mean the construction ofa $40 million 12-story mixed use approximate 200,000 square foot building with all related site and streetscape improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. The $40 million capital investment in Minimum Improvements shall be verified via the construction contract. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 01-3991 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Proiect shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State ofIowa. -4- ____ ___.._M --_._-------"---._------~----_..--,_..__._..__._._---"-'^-~_..---~------ -~-_._------_.._..._.__..~.._...._----_._----_.._--_.-..-.---.------ City-University Proiect I Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the City- University Project I Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in respect of the City-University Project I Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the . . transactions contemplated hereby, and the fulfillment of or compliance with the terms and - 5 - _...._m_, - -- -----._-~---~...,"--~-_. _.,.~---_..._.__..- ,.- .._._._---~--~._-"- - ----_....,-_...,,--_.__.._,-,.~----- - _..__.~--_._--_._--- ~-------,,_._-,._~._"._--"'-- 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 City is now a party or by which it is bound, nor do they constitute a default under any ofthe foregoing. Section 2.2. Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform their obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer 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 Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) 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 ofthis Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction on the Developer, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer 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 Developer or'which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations. - 6 - ---_..__.._--~-~,---_._.._-,-,.. --, -_.._._..~-~.._----_._.,-~._-_.._~--_._~.-~-----,....,"-,.-.,----.-.'---- -'--'--"-'-"'-"~ ... ...--",-----_.- ......,----",. - ._--- (f) The Developer 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 in connection with the Project. (g) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation. The Developer is not currently 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 applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (h) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems that may arise in connection with the construction and operation of the Minimum Improvements. (i) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. DEVELOPMENT REQUIREMENTS Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of the construction of a $40 million 12-story mixed use approximate 200,000 square foot building and all related site and streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. Construction of the Minimum Improvements shall commence no later than May 1,2008 and shall be completed by December 1,2010 and the $40 million capital investment in Minimum Improvements shall be verified via the construction contract. Developer agrees to use best efforts to establish a viable hotel in the project. Best efforts require that the space be built out to enable a functioning hotel with an option for apartments if hotel option does not succeed, pursuant to Exhibit Band that construction plans show such. - 7 - _._~_.._-_..._---_."--- __..__.._.___._____...._____._____....__._._.___.__..___._~_.,___ _,___..._.____._____._._.________......M.___._._..__.___._____.,~.._~.___.,_,._. .. ....- The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Staff Design Review Committee. Pursuant to this Development Agreement, the Developer shall submit a site plan for approval by the City Manager, or his/her designee, which includes all site and streetscape improvements. The Staff Design Review Committee will review the project under a Level II review under Chapter 3, Article C. Design Review of the Zoning Code, City ofIowa City within seven (7) working days of receipt of the design plans by the Director of Planning & Community Development. Additional criteria specific to this Project include, but are not limited to: . Appropriate building articulation at the street level . Multiple entries along Burlington and Clinton streets . Seamless integration of the private spaces at the street level with the public sidewalk . Streetscape improvements including textured concrete, plantings, and street furniture, as approved by the City. During the term of this Agreement as established in Section 12.8, any proposed new construction on the Development Property shall be subject to approval by the Design R"i~ Commi",o "'fore tho i"o~" of ~y build;"g ponnil ~ Section 3.2. Energy Efficiency. \ Devolop<< '1l"" to obt&o ~ Hoagy Eflidoncy ",mfi","oo '"'" " LEED oc i~ Utility Company certification. f , Section 3.3. Certificate of Como let ion. Upon written request ofthe Developer after issuance of an occupancy permit for the Minimum Improvements, the City will furnish the Developer with a Certificate of Completion for the Project in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct such portion of the Minimum Improvements. A Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.2, the City shall within twenty (20) days - 8 - - ---~----,_.,_._---~--,"_."._.,----------------"'-----'-'.......- --_._~-----_.~--------'".-._- after written request to the Developer, provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions ofthis Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary in the opinion of the City, to obtain such Certificate of Completion. Once the Certificate of Completion is issued by the City, design review on the Minimum Improvements will cease; however, any proposed new construction on the Development Property shall continue to be subject to approval by the Design Review Committee before the issuance of any building permit during the term of this Agreement as established under Section 12.8. New construction shall not include changes in signage or minor changes in the existing structure which do not result in significant changes to the fayade of the building. . ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its sole cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $100,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding - 9 - ----~"_._- - -_.._---_.,_._---------~---~------_.._.~~._--------_.-~--------"------"-'--------"-----'--'----'--"'----.- .....-"-.----,---- foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined and redetermined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000 with a maximum deductible of $500,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies which are authorized under the laws ofthe State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance - 10 - - ---- _.._..~---~---~_._~._- -, .-------------,,-.--...'.....- .-.-.-----.----..--,..,--..----.-----. ---.".-- ..-,..-------'-.----..--..- -"....',------_.. shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and. account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. - 11 - ---- ..'"m_...._ __________________0'_. .---"-----..----...--.---.-.. --..... om. __._,_.___ ...~,--- """--,-,'-'.,-.. - -_._----,--_..--..._~_._-~._,- Section 6.S. Available Information. The Developer shall upon request provide the City with a letter of an independent public accountant selected by the Developer to the effect that a Certified Public Accountant has reviewed the financial statements of the Developer which have been prepared in conformity with generally accepted accounting principles, that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards, and that the Developer is financially capable of fulfilling its obligations under this Agreement. Section 6.6. Continued Operation. Commencing upon the signing of the Agreement, and with the understanding that the Development Property may be subject to horizontal property regime, the Developer agrees that it will operate a mixed use building occupied by commercial and residential users at the Development Property and will continue operation of this building until at least the Termination Date set forth in Section 12.8 hereof. Section 6.7. Annual Certification. To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer ofthe Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions ofthis Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse oftime or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing no later than November I, 2011, and ending on November 1,2022 both dates inclusive. Upon the first December I certification, the City will use the January 1 assessment on the Development Property to calculate an annual increment from the followin schedule: for NovemberlDecember Certifications in Ci uses Janu Assessment from 2010 2007 2011 2008 - 12 - ----~-------- -----_._"~,,_.. --....--------.-.------. ---_._--,._._._.-_.-----_.,---~----------~._---_._----------",'--- Prior to November 1 in the year of the first certification, the Developer shall submit the lease plan for the Development Property, with the gross leasable floor space calculation to the City. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer: Transfer ofSubstantiallv All Assets. With the exception of residential parcels subject to a horizontal property regime, as security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will not dispose of all or substantially all of its assets or assign its interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City, as represented by the City Manager, consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may pledge any and/or all of its assets as security for any financing of the Minimum Improvements, and the City agrees that Developer may assign its interest under this Agreement for such purpose. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration ofthe obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and to the terms of this Article VIII, to assume an obligation to make up to thirteen (13) consecutive annual payments to the Developer commencing no later than June 1, 2013 and ending on June 1,2024, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on the Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). - 13 - ---- ---~_.__._--_._...__..- _____..~.._._______._m~__...__"__.__. ...___._~_.,,___.,______.,__,____ _.~------'-'--_._---'--'-"-"--""._---'------_._'--_. (b) The obligation ofthe City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.7 hereof and the City Manager's approval thereof. Beginning with the first November 1 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes and paid during the following fiscal year, shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Developer and the City each so certify on November and December of2010, respectively, the first Economic Development Grant would be paid to the Developer on June 1,2012). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $16,374,800, which reflects a net present value of$9,162,253 at the end ofthe term ofthis agreement calculated on a discount rate of 6.25%. Each Economic Development Grant shall be equal to the sum of one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Minimum Improvements as of January 1, after the first certification, and on January 1 of each of the following years, until 2024 or when the total, aggregate of all such Economic Development Grants equals no more than the sum of$16,374,800. Ifa final grant based upon one hundred percent of Tax Increments would result in total, aggregate Economic Development Grants in an amount exceeding $16,374,800, the final Economic Development Grant shall be reduced accordingly. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII. Thereafter the taxes levied on the Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. (e) In the event that any certificate filed by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an - 14- __"._'_~__ _..._.~______~~_,...___.__~____._'"_.___~_____._~__._.___~_,.___._____m_'_'_~___'_'_____~_'__'_____ -. .,...------ .-,.....__.... .... Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the Hieronymus Square - City-University Proiect I TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect ofthe Minimum Improvements and allocated to the Hieronymus Square - City-University Proiect I TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted, or under a controlling decision of an Iowa court having jurisdiction over the subject matter hereof. Upon receipt of such an opinion, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the Hieronymus Square-= City-University Proiect I TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. - 15 - -~---"----_.__." - -~_.._- -...-"---..----..---.- -~_.._-_.._-_..__...._._- ------------".--.-- ------,---..---.- Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors), or on any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (Hi) any hazardous substance or environmental contamination located in or on the Development Property. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence - 16 - ----..,--.'. ----_._~-,-"._..- _._____._____.____________"n__..._...____ .-----....--- - -_._-_._._~--,.- of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations ofthe City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the tennination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the tenn "Event of Default" shall mean, whenever it is used in this Agreement, anyone or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the tenns, conditions and limitations of Article III of this Agreement; or (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; or (c) Failure by the Developer to substantially observe or perfonn any covenant, condition, obligation or agreement on its part to be observed or perfonned under this Agreement; or (d) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; or (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or - 17 - ---~-- "._,---~~._-_..~-_._--- -----~-~--~-_.-....."----- . ---_._---,.._---,,-', ~.."---_._---~----~---'-,.._._.- (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (t) Any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take anyone or more of the following actions after (except in the case of an Event of Default under subsections (e) or (t) of said Section 10.1 in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereot) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; - 18 - -----_._~.-.- -. --_._----~..._. -- -------..--------.--.. - --_.._----_._~------._--_._--~-~----_.._--_._---_._---------~"----_._- (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce perfonnance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section lOA. No Implied Waiver. In the event any tenn or covenant contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and. shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pav Attornevs' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or perfonnance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefore, pay to the party not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. - 19- --~.~.--- ..~.....~..,-~-~-~-_.'- "--.--.-.-..-- "__n__~..____,_ --~-------_.,._-_..,-- --,--------..'..-- ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if(i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms ofthis Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict ofInterest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any iJ.lterest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. - 20- -----_.-- ..- ,--.--------------..- _ ----..----..--------------------.,--------..---...--.-.'-.----..-..- - - - "'" ---..-....----,---- ----_.--------_..,~~--_._-,.._..,,--_._.__.,- .'-'--'''' -~.~-,-_._,-----_.- Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any 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 Developer, is addressed or delivered personally to the Developer at 711 S. Gilbert Street, Iowa City, Iowa 52240. (b) In the case of the City, is addressed to or delivered personally to the City at City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. 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 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State ofIowa. Section 12.6. 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 writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However, all economic development grants shall be payable only to the Developer. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after June 1, 2024. - 21 - _____._________ _ _.____.u.._,__.,______.____. ----..-.-..,,-. ------..-------..........--......-,,---------....-----.-...-"- Section 12.9 Recording. This Agreement shall be recorded at the Johnson County Recorder's Office, Iowa City, within 30 days of execution at the expense of the Developer. 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, the Developer has caused this Agreement to be duly executed in its name and behalf by John Hieronymus and Michael Hodge, principals of Hieronymus Square Associates. (SEAL) CITYOF~'IOW~~ By: t .J ~. - Mayor ATTEST:. ~ By: ~- ~~J ;tV - City erk ASSOCIATES By: Michael Hod , Principal Hieronymus quare Associates ATTEST: By: (title) - 22- .,~.~___.____~""M___"_'___'_'_._~ __ ________._._"___..__._.___ __, --.---- ----. -...--.. .--',-,-- .__......u..____.__._.____._ STATE OF IOWA ) ) SS COUNTY OF JOHNSON) On this ..!. D"--rb8E.P- , 2006, before me a Notary Public in and 3 day of for said County, personally appeared Ross Wilburn and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City ofIowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State ofIowa, 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. ~ SONDRAE FORT ~M Commission Number 159791 My Commission Exptres Notary Public in ahd for Johnson County, Iowa STATE OF '];0""<< ) ) SS COUNTY OF :TU).."....," ) On this 2(,1'" day of ~t~"'k" , 2006, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared John Hieronymus and Michael Hodge, principals of Hieronymus Square Associates, to me personally known, who, being by me duly sworn, did say that the execution of said instrument to be the voluntary act and deed, by each of them voluntarily executed. 1 ~,- ~72D~.- ---- I I Notary Public in and for :ro~nY'" County, - 23 - -_.._,_._"~_._--~,._...__..._~._-~._-- ,,_'-~--'- .___..M'._'_.,'"..___._____._.._______._.~..___ -----.".-.---.-,-"- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of . land located in the City ofIowa City, County of Johnson, State ofIowa, more particularly described as follows: Lot 8, Lot 7, and north 22 feet of Lot 6 in Block 102, Iowa City, Iowa, The south 20 feet of the north 42 feet of Lot 6 in Block 102, Iowa City, Iowa. (To be reacquired from the City of Iowa City.) The south 38 feet of Lot 6 and the north 44 feet of Lot 5 in Block 102, Iowa City, Iowa. The north 182 feet of the former public alley in Block 102, Iowa City Iowa. The north 60 feet of Lot 1, except the north 37 feet of the east 55 feet thereof, in Block 102, Original Town, Iowa City, according to the plat thereof. C - 1 ._--_._--_..._.._.._-,~-~--~.._~ ..,._.._...._..__...."----+~-~--".- ----_.._._--~_.._."..__.._- ------.-,.- ------ /,1 - 3 - (Ph Ift,r'J!. EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction a 12-story mixed-use building and related site and streetscape improvements within the Development Property as defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site plan dated Sept. I, 2006, and attached hereto, are subject to applicable permits and approvals. These improvements shall include, but not be limited to, retail, office, and high-end residential condominium uses at a minimum investment of $40 million. The building will include a minimum of three floors of commercial retail and office development. Developer must use best efforts to include a 40-unit hotel on floors four through six. "Best efforts" require that the space on floors four through six be built out to enable a functioning hotel with an option for apartments taxed at the commercial rate if the hotel cannot succeed. Residential units may contain no more than 3 bedrooms per unit and no more than 30% of the units may have 3 bedrooms. The site will include a landscaped courtyard framed by the building, which can be used as a drop-off and loading area as well as a landscaped amenity for the development, and streetscape improvements including trees, lights, street furniture, and sidewalk finishes, all as approved by the City. I'b 131~(p '~ C - 2 ___.. .__ ..~______._._.__.~__'___...__._ ..'____,_________u____ -~--,--_._._.._-_.. ,.,', ---_._--_._"---.~~--~---------'_."---_._-~ EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City ofIowa City, Iowa (the "City") and Hieronymus Square Associates, having an office for the transaction of business at 711 S. Gilbert Street, Iowa City, Iowa (the "Developer"), did on or about the day of ,2009, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Lot 8, Lot 7, and north 22 feet of Lot 6 in Block 102, Iowa City, Iowa. The south 20 feet of the north 42 feet of Lot 6 in Block 102, Iowa City, Iowa. (To be reacquired from the City ofIowa City.) The south 38 feet of Lot 6 and the north 44 feet of Lot .5 in Block 102, Iowa City, Iowa. The north 182 feet of the former public alley in Block 102, Iowa City Iowa. The north 60 feet of Lot I, except the north 37 feet of the east 55 feet thereof, in Block 102, Original Town, Iowa City, according to the plat thereof. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording ofthis certification. C - 3 ----~._._..__..._--_..__...- - ~-.-..._- _.._-----~_._---_._._._-- . '..-.---'----.---- .,.,,-,--'-''--'--'''.--'-''- NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been cornpleted and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination ofthe covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of , 2006, before me a Notary Public in and for said County, personally appeared Ross Wilburn and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively ofthe City ofIowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State ofIowa, and that the seal affixed to the foregoing instrurnent 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 Johnson County, Iowa C-4 -.-..-------.---...--..--.---..----.--- ._----_._--~_.._._-----_.__..- .._.._-_.-~~._--,-~.__. ----_.,--~-_._..,_.,_.._- - west eI9.Iab1 9.1.00 > ,'1, jf, I. ,; i /'- . . . cj ! C) ej [~ [., , eA- S:f\'i.;~:' V . --,---~,-,,---"-'-.'---'-~ --- e..e 1 9.1.06 C - 5 -----------. -_...._----_._------_._-_.~- ___,~..____._._,_. n" ."n_______,'"_u', Hieronymus Square Agrees to: · Construct a 12-story, $40 Million building · Floors 1 - 3: commercial space · Floors 4 - 6: 40 unit hotel or apartments · Floors 7 - 12: upscale condominiums · Achieve LEED certification or qualify for MidAmerican Energy's energy efficiency program. · Streetscape improvements · Trees, lights, furniture, sidewalk finishes, etc. · Build in landscaped courtyard with drop-off area · Complete by Dec. 2010 for 13 years of rebates · Or complete by Dec. 2011 for only 12 years of rebates When project is complete, Iowa City · Certifies that all elements of agreement are met. · Rebates portion of property taxes paid for maximum of 13 years. Rebate possibilities: Max: On taxable value of $40 Million = $1.25 Million x 13 years = $16.4 Million Likely: On taxable value of $25.4 Million = $802,000 x 13 years = $10.4 M Million Return on TI F investment Developer-paid property taxes over 30 years $1,400,000 Hieronymus Square Project $1,200,000 (with TI F assistance F $1,000,000 c:: w l- LL. <( r::: $800,000 0 :;::; 0 CI.l "'6 TIF Typical Succ ssful u $600,000 >< 3 floor apartment/co dos III I- ro ::::J 1 floor comm rcial r::: r::: $400,000 <( (without TIF assist / $200,000 Hieronymus e pty lot $- ...- N ('I') """ L!) <0 I'- CX) (J) 0 ...- N ('I') """ L!) <0 I'- CX) (J) 0 ...- N ('I') """ L!) <0 I'- CX) (J) 0 ...-...- ...-...-...-...-...-...-...-...-NN NNNNNNNN('I') 30 Year Timeline Assumptions: Assessed values increase 1 % per year Taxable values are calculated at today's rates -:P1 Marian Karr From: Garry and Betsy Klein [the3rdiowa@mchsi.com] Sent: Monday, September 25, 2006 12:45 AM To: 'City Council Subject: Hieronymous Project TIF--where's the affordable housing In working out the details of the Hieronyrnous project, it is disappointing that affordable housing was not discussed as part of the agreement to provide TIF. With 13 floors of living space, it does not seem unreasonable to negotiate a portion of the space be dedicated to providing 30 to 80% AMI universal design rental units in the building. With its central location and proximity of service jobs, and social services, it seems like a natural opportunity to both grow the local economy and to increase the amount of affordable rentals in the community. It seems like a opportunity for a win-win situation to occur. I hope that you will consider my suggestion in working out the details with the Hieronymous Group. Sincerely yours, Garry Klein 628 2nd ave. Iowa City, IA 52245 1 -~----_._---- ---~._--'-'_._-'-'-"- .._...~-'- . ~.__..._" ---~. "_ ______~.__._.__ __ _________________________________,_ __ _._._._____m.____ 7 \ EXHIBIT B \ MINIMUM IMPROVEMENTS \ \ \ The M~mum Improvements shall consist of the construct' n a 12-story mixed-use building and re~ted site and streets cape improvements within t Development Property as defined in Exhibl A. Said Minimum Improvements, as gene ly referenced by the site plan dated Sept. I, 200 , and attached hereto, are subj ect to a licable permits and approvals. These improvemen shall include, but not be limit to, retail, office, and high-end residential condomin m uses at a minimum investm t of $40 million. The building will include a minimum 0 hree floors of commercial tail and office development with best efforts to include a 40- it hotel on floors four ough six, and residential units with no more than 3 bedrooms pe nit and no more th 30% of the units with 3 bedrooms. The site will include a landscaped c urtyard framed b the building, which can be used as a drop-off and loading area as well as a landscape amenity for the development, and streets cape improvements including trees, ights, str t furniture, and sidewalk finishes, all as approved by the City. / / // ./ \ C-2 ~~-~----_.__.._.__.- ._-----~~_.~---------_.._-~_.__._--_._-----~----_.._- M-to,y ~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 06-,7] RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL INTERCONNECT PROJECT [STP-A-371S(631)--86-S2] AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, project includes placement of fiber optic interconnect to traffic signals and communication networks; and WHEREAS, this project will be bid by the Department of Transportation (laDOT); and WHEREAS, bids will be accepted on November 21, 2006, at 10:00 a.m., Ames, Iowa at the Department of Transportation; and 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, and estimate of cost for the above-named project are hereby approved. 2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to be let by the lOOT, for the constnuction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 3rd day of October ,20 06 ~ ~ ~ ( J , Q Q~ - MAYOR Approved by ATTEST: '~....:.,~..J ;I!. -r!~ i4 A~h q/~~ (;ity ~ffice CI ERK It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion x Correia x Elliott X O'Donnell X Vanderhoef X Wilburn Pweng/resftraffic signal interconnecl.doc ~__..__..__._._.~ _.___~_____.____._".._______...._.._.________________~~__~____.__"..______________.___.__.. ___ .......____________..________.._n_________._______ M1-<< J 'O;O~06" ~ ?' I Prepared by: Susan Craig, Library Director, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5241 RESOLUTION NO. 06-172 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY ADDING .25 FTE MAINTENANCE WORKER I POSITION. WHEREAS, Resolution No. 06-73, adopted by the City Council on March 7, 2006, authorizes permanent positions in the Library for FY07; and WHEREAS, a tenant now occupies first floor rental space in the Library Building; and WHEREAS, $20,000 was budgeted in FY07 for property management tasks including dealing with tenant problems and issues, cleaning common areas, receiving payments and calculating utility billing; and WHEREAS, because tenants occupy the same building as the Library it is most efficient for Library staff to provide property management functions; and WHEREAS, Library staff can assume these responsibilities with the addition of ten hours per week (.25 FTE) increase to a current .75 FTE Maintenance Worker I position, at a cost of $7,200. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Library be amended by the addition of .25 FTE Maintenance Worker I position, AFSCME paygrade 2. Passed and approved this 1rd day of G:;:r~ ,20-llL. ~~ MAYOR ATTEST:7~ k. ~ CITY ERK wpdatallibrary/res/.25MW.doc ------ "---_.__._--~.~--,-,-------_..__..- ....__._--_.-_.._._--------,--,._-~---_.._-- .. -_._,~---- Resolution No. Oli-177 Page ? It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Correia x Elliott X O'Donnell x Vanderhoef x Wilbum