HomeMy WebLinkAbout2002-07-16 Resolution RESOLUTION NO. 02-244
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF I~WA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Green Room - 509 S. Gilbert Street
Fraternal Order of Eagles - 225 Highway I West
It was moved by 0'Donnell and seconded by Champion that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X __ Champion
X Kanner
X Lehman
X O'Donnell
X __ Pfab
X __ Vanderhoef
X Wilburn
Passed and approved this 16th day of Ju],y , 20 02.
CITY'CLERK City Attorney's Office
clerk\res\d anceprm.doc
Prepared by: Kumi Morris, Engineedng Division, 410 E Washington St., iowa City, IA 52240, (319)356-5044
RESOLUTION NO. 02-245
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE TRANSIT RE-ROOFING 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 20th day of August,
2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, 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.
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 16th day of J , 20 02
CiTY CLERK / "v~tC'Att~,/n~'s Office
7/02
Resolution No. 02-245
Page 2
It was moved by 0'Donne11 and seconded by Champ'ion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Ross Spitz, Civil Engineer, 410 E Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 02-246
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS 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 20th day of August,
2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, 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 16th day of July ,20 02
CIT~CLERK " ~ ' '
pweng/ma ste rs/hwy6improve-set ph doc
Resolution No. 02-246
Page 2
It was moved by 0'Donne11 and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner ~
~ Lehman
x O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5246
RESOLUTION NO. 02-247
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 3309 TULANE
AVENUE, IOWA CITY, IOWA.
WHEREAS, on August 24, 2001, the owner of 3309 Tulane Avenue executed a
Mortgage in the amount of $12,868; and
WHEREAS, on January 2, 2002, the owner executed another Mortgage in the amount of
$1,564; and
WHEREAS, the loans were paid off on July 1, 2002; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located 3309 Tulane Avenue, iowa City, Iowa from the Mortgage recorded on
September 5, 2001, Book 3128, Page 661 through Page 665 and from the Mortgage
recorded on January 3, 2002, Book 3202, Page 266 through Page 270 of the Johnson
County Recorder's Office.
Passed and approved this 16th day of July ,20.
Approved by
ATTEST:
CITY'hCLERK City Attorney's Office
ppdrehab\res/3309tu~ane.doc
Resolution No. 02-247
Page 2
It was moved by 0' Donnell and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman ·
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Lizabeth Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 3309 Tulane Avenue, Iowa City, Iowa,
and legally described as follows:
Lot Two Hundred Fifty-nine (259) in Oak Woods Addition Part Six, an addition to
the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book
10, Plat Records of Johnson County, Iowa.
from an obligation of the owner, Angela J. Ward, to the City of Iowa City in the total amount of
$14,432 represented by a Mortgage recorded on September 5, 2001, Book 3128, Page
661through Page 665 and from a Modgage recorded on January 3, 2002, Book 3202, Page
266 through Page 270 of the Johnson County Recorder's Office.
This obligation has been satisfied and the properly is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
ATTEST: '~//~/..¢~_~./
CIT"~'CLERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _ /6 day of -,~.,.~ , A.D. 20 0c3, , before me, the under-
signed, a Notary Public in and for §aid County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as co._~ntained in Resolution No. 0~-01.1~-'], adopted by the City
Council on the I1,~ day ,3 ~-~-¥ , 20 o ~ and that the said Ernest W.
Lehman and Marian K. Karr as such,elCficers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
so.D E FO.T I
"¢ Co ~m ssion Number 159791 O. ~ ~__ ~-~
I ~- ?~ O~ ~lotary Public in and for Johnson County, Iowa
ppdrehab/3 3Ogtulanerel doc
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 02-248
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE OF A PERMANENT SANITARY AND STORM SEWER
EASEMENT LOCATED WITHIN THE VACATED WOOLF AVENUE RIGHT-OF-WAY,
IOWA CITY, IOWA
WHEREAS, the City currently possesses a permanent storm and sanitary sewer easement over
the entire easterly one-half of the vacated portion of the Woolf Avenue right-of-way south of
McClean Street; and
WHEREAS, this easement was retained over the entire portion of the vacated right-of-way when it
was conveyed, as the actual location of the public utilities within the vacated right-of-way had not
been determined; and
WHEREAS, the easement agreement between the City and right-of-way purchaser contemplated
a reduction of the easement area upon the Owner's presentation to the City of a certified survey
plat depicting the actual location of the public utilities within the easement area; and
WHEREAS, the Owner has performed a survey and prepared a plat depicting the actual location
of the public utilities within the vacated right-of-way such that those portions of the easement area
not necessary for the protection of the public utilities may be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release those portions of the vacated
Woolf Avenue right-of-way subject t6 a permanent sanitary and storm sewer easement,
but not necessary for the protection of existing public utilities, from the encumbrance of
said easement.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached Partial
Release of Permanent Sanitary and Storm Sewer Easement, said recording costs to be
paid by Craig Syrep and Anne Sadler, owners of the subject property.
Passed and approved this 16th day of Jul~v ,2002.
~ClTY CLERK
Aj~provedby:
IC~ty Attomoy's Off~Ce
Resolution No. 02-248
Page 2
It was moved by 0' Donnel 1 and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner ,
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Michael J. Pugh 321 E. Market Street Iowa City, IA 52244 (319) 354-1104
PARTIAL RELEASE OF PERMANENT SANITARY AND STORM SEWER EASEMENT
RE: The easterly one-half (1/2) of the vacated portion of Woolf Avenue, which extends
two hundred forty (240) feet south from the southerly right-of-way line of McLean
Street in Iowa City, Iowa.
RECITALS
1. Craig Syrop and Anne Sadler, husband and wife, ("Owner") are the owners of the
easterly one-half (1/2) of the vacated portion of Woolf Avenue, which extends two hundred forty
(240) feet south from the southerly right-of-way line of McLean Street in Iowa City, Iowa (the
"Real Estate").
2. The Owner and the City of Iowa City.("City~') entered into a Permanent Sanitary
and Storm Sewer Easement Agreement ("Easemdnt Agreement") in which the Owner granted to
the City, a Permanent Sanitary and Storm Sewer Easement, which document is dated July 10,
2001 and was recorded September 11, 2001 in Book 3132, at Page 508 of the records of Johnson
County, Iowa. Said Easement burdens the entire Real Estate (the "Easement Area").
3. As reflected in paragraph 6 of the Easement Agreement, the Owner and the City
contemplated the reduction of the Easement Area upon the Owner's presentation to the City of a
certified survey plat depicting the actual location of public utilities within the Easement Area.
3. Glen D. Meisner, a licensed Professional Engineer and licensed Land Surveyor
with MMS Consultants, Inc. has prepared a Plat of Survey (Retracement) and an Easement Plat
depicting the actual location of public utilities within the Easement Area.
4. The Permanent Sanitary and Storm Sewer Easement granted over the entire Real
Estate is no longer necessary or appropriate given the Plats prepared by Mr. Meisner.
5. The Permanent Sanitary and Storm Sewer Easement should be released, except
for the following parcel, as shown on the Easement Plat, attached hereto as Exhibit "A" and
incorporated herein by reference and legally described as follows, ("Restated Easement Area"):
Commencing at the Northwest Corner of the North lot as recorded in a
retracement survey in Plat Book 36 at Page 10 in the Records of the Johnson
County Recorder, also known as the Northwest Corner of Block 4, Manville
Addition to Iowa City, Iowa; thence N89°56'31"W, along the Westerly
extension of the Northerly line of said North lot, 20.00 feet; thence
S00°06'22"W, along the Westerly line of the East one-half of vacated Woolf
Avenue, 177.78 feet to the point of beginning; thence S62°29'46"E, 22.53 feet,
to a point on the Westerly line of the South lot of said retracement plat;
thence S00°06'22"W, along said Westerly line, 51.80 feet to the Southwest
corner of said South lot; thence S89°56'31"W, to a point on the West line of
the vacated East one-half of Woolf Avenue; thence N00°06'22"E, along said
Westerly line, 62.22 feet to the point of beginning, containing 0.03 acre (1140
sq. ft.) and subject to easements and restrictions of record.
6. The Restated Easement Area is sufficient size to protect the integrity of the actual
utilities in place and provide sufficient area for repair, maintenance and reinstallation of same, as
required by paragraph 6 of the Easement Agreement.
For the sum of One Dollar and other valuable consideration, receipt of which is
hereby acknowledged, the undersigned does hereby release the Real Estate and the Owner of all
of its right, title and interest in aad to the Permanent Sanitary and Storm Sewer Easement, except
as described in paragraph 5 above and as shown on the Easement Plat, attached hereto as Exhibit
A.
This Partial Release of Permanent Sanitary and ~torm Sewer Easement shall not be
construed as a release of the Permanent Sanitary. an.d Storm Sewer Easement over the Restated
Easement Ama described in paragraph 5 above and as shown on the Easement Plat, attached
hereto as Exhibit A. Nor shall this Partial Release of Permanent Sanitary and Storm Sewer
Easement in any way alter, amend or modify the Easement Agreement recorded in the Johnson
County Recorder's Office as referenced in paragraph 2 above, except to reduce the easement
area as provided in this Agreement.
Dated this t (o day of 'xl~,-~ ,2002.
CITY~ CITY, IOWA ~ /-~/
E-r~ie W. Lehman, Mayor
Attest: '-'~...~-)7{-/'. 5~_,,6'c--/
Maria~n K. KarT, City Clerk
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
day of ~F'~,~y ,2002, before me the undersigned, a Notary
On
this
I~,
Public in and for the State of Iowa, 15ersonally appeared Emie Lehman and Marian Karl to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council; and Ernie Lehman and
Marian Kan' acknowledged the execution of the instrument to be their voluntary act and deed
and the voluntary act and deed of the corporation, by it voluntarily executed.
~. Commission Number 159791 -' . .
EXHIBIT "A" -
PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (519) 551-8282
EASEMENT PLAT
McLEAN STREET ~o.oo,
NB9'S6'31"W(M&R)~
GRAPHIC SCALE IN FEET
~"= --'~0 k~ --~ SEwERSANITARYAND DRAINAGESEWER' STORM
~ N~T~ L~T ~ ~k_k~' COMMENCING AT THE NORTHWEST CORNER OF THE
~ ~ NORTH LOT AS RECORDED IN A RETRACEMENT SURVEY IN
(~'~ PLAT BOOK 36 AT PAGE 10 ~N THE RECORDS OF THE
¢~5~ JOHNSON COUNTY RECORDER, ALSO KNOWN AS
~' 0~ ~ THE NORTHWEST CORNER OF BLOCK 4, MANVILLE
THENCE S62'29 46 E, 2253 FEET, TO A POINT ON THE ~STERLY
2o oo'
:
POINT OF ~ ~
LINE, 62 22 FEET TO THE POINT OF BEGINNING, CONTAINrNO
BEGINNING~ ~ [ i
(SANITARY SEWE~._ ~ ,
?'~', ~~ AREA ~ LEGEND AND_ NOTES
0~._99_c 8 SQ. FT. .
~ %¢' ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET
PROPRIETORS: CRAIG ~ 7YROP ~ ANNE ~ S~DLER
SURVEY REQUESTED BY: CRAIG SYROP
DATE OF SURVEY: OCTOBER
~ ~ Sheet TitJe: ~ · ~ ¢'- ~ r
m 1 PER CITY INFO
o, MM$ C I
;'° EASEMENT PLAT ONSULTANTS, NC ~=.2 PgR oau REWEW
'~-~' Project Title:Iowa City, Iowo (319) 351-8282 oz 3 PER GEM REVIEW
A PORTION OF THE VACATED WOOLF AVENUE ~
Designed by: Brown by; Checked by:
,e~.CITY OF IOWA CITY, JOHNSON COUNTY, IOWA GDM MAS GDM
03/25/02 11:56:17 AM CST
Prepared by: A. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-249
RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND NEXTEL WIP LEASE CORP. FOR USE OF CAPITOL
STREET PARKING RAMP SPACE FOR AN EQUIPMENT SHELTER AND
SPACE ON THE EXTERIOR OF THE ELEVATOR PENTHOUSE FOR
ANTENNA USE IN ACCORDANCE HEREWITH.
WHEREAS, Nextel WIP Lease Corp. has requested the City lease it space in the Capitol
Street Parking Ramp for an equipment shelter and space on the exterior of the elevator
penthouse for antenna use; and
WHEREAS, the City has negotiated a lease with Nextel WIP Lease Corp. for use of such
space for their equipment and antennas in said facility for a term of five (5) years with an
option to extend the term for four (4) successive five (5) year periods, which lease
agreement is attached hereto and requires City Council approval; and
WHEREAS, on July 2nd, 2002, the City Council adopted a resolution declaring its intent
to enter into such lease on said terms and conditions; and
WHEREAS, following public hearing on the proposed lease, the City Council finds that
the subject lease is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized to sign the
subject lease in triplicate upon the terms and conditions contained within said lease
agreement between the City of Iowa City and Nextel WIP Lease Corp. for use of Capitol
Street Parking Ramp space for an equipment shelter and space on the exterior of the
elevator penthouse for antenna use.
Passed and approved this 16
day of ,2002.
MAYOR
ATTEST: ~]~'~z~_~ 7~. ~ Approved by:
dfi~ Attorney's Office
Resolution No. 02-249
Page 2
It was moved by 0' Donne11 and seconded by Champ'i on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
T O~Donnell
X Pfab
X Vanderhoef
X Wilburn
MKT: Eastern Iowa
SITE #IA-364P-D
COMMUNICATIONS SITE LEASE AGREEMENT (BUILDING)
This Communications Site Lease Agreement (Building) ("Agreement") dated this 1{~ day of citijet ,2002, is entered into between
Nextel WIP Lease Corp., a Delaware Corporat'on, d/b/a Nextel Partners, ('Lessee"), and the City of Iowa C'ty ("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the City of Iowa City, County of Johnson, State
of Iowa, commonly known as the Capitol Street parking Ramp (the Building and the Land are collectively, the "Property"). The Land is more particularly
described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases fi.om Lessor approximately 400 (400)) square feet of space (16' x
25') or roughly the equivalent of 3 parking spaces on the elevated parking ramp of the Bnilding fur Lessee's equipment shelter, and space on tbe exterior of
the elevator penthouse for Lessee's antennas, located on the top level of the Building, and all access and utility easements thereto, if any, (collectively, the
"Premises") as described in Exhibit B annexed hereto.
2. Us._~e. Lessee may use the Premises for any activity in connection with the provision of communications services. Lessor agrees to cooperate with
Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for
Lessee's intended use of the Premises.
3. Tests and Construction. Lessee shall have the fight at any time following the full execution of this Agreement to enter upon the Property for the
purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee
Facilities (as defined in Paragraph 6(a) below). The terms of this Agreement are contingent upon the Property satisfactorily passing any and all structural
analyses or studies that may be required for Lessee's use of the Property. Lessee shall be responsible for any damage to Lessor's Property resulting fi.om such
activities, and shall repair any such damage in a timely manner upon demand by Lessor.
4. Term. The term of this Agreement shall be five (5) years commencing July 31, 2002, or commencement of construction, whichever first occurs
("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in
Paragraph 10. Lessee may extend the Term for four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth
herein, subject to the consent of the Lessor, which shall be provided to Lessee in writing no less than sixty (60) days prior to commencement of each
succeeding Renewal Term. Provided Lessor h~s given such consent, the Renewal Term(s) shall commence immediately following the preceding Term or
Renewal Term unless Lessee notifies Lessor prior to the commencement of such Renewal Term that it does not wish to renew this Agreement.
5. Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent ONE
THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($1,700.00) per month ("Rent"). Rent for any fractional month at the begirming or at the end
of the Term or Renewal Term shall be prorated. Effective on each anniversary of the Commencement Date throughout the Term and any Renewal Terms,
Rent shall increase by three percent (3%) over the Rent payable during the immediately preceding year. Rent shall be payable to Lessor at City of Iowa
City, 410 East Washington Street, Iowa City, IA 52240; Attention: Mr. Chris O'Brien.
6. Facilities~ Utllitiesl Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation an air
conditioned equipment shelter on the ground level of the Building, utility lines, transmission lines, electronic equipment, radio transmitting and receiving
antennas and supporting equipment and structures thereto as identified, described and located on Exhibit "B" ("Lessee Facilities"). In connection therewith,
Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines
connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and
expense and in a good and workmanlike manner. Lessee shall hold title to the Lessee Facilities. All of Lessee Facilities shall remain Lessee's personal
property and are not fixtures. Lessee shall remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement,
and shall restore the Premises to its former condition, normal wear and tear excepted, and Lessee shall repair any damage to the Premises caused by
installation or removal. Lessee has the right to remove the Lessee Facilities at its sole discretion at any time during the term of this Agreement.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall obtain separate
utility service from any utility company that will provide service to the Properly (including a standby power generator for Lessee's exclusive use). Lessor
agrees to sign such documents or temporary easements as may be required by said utility companies to provide such service to the Premises, including
the grant to Lessee or to the servicing utility company at no cost to the Lessee, ora temporary easement in, over, across or through the Land as required
by such servicing utility company to provide utility services as provided herein. Any such temporary easement necessary for such power or other utilities
will be at a location acceptable to Lessor and the servicing utility company, and shall remain in effect throughout the term of this Agreement.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four
(24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive
right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and
vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense,
except for any damage caused by Lessee's use of such roadways.
Page I
MKT: Eastern Iowa
SITE #IA-364P-D
7. Interference,
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause physical, electronic or technological interference to Lessor or Lessor's
equipment. Lessee shall operate the Lessee Facilities in a manner which will not cause physical, electronic or technological interference to other lessees or
licensees of the Property, provided that such Lessees' installations predate that of the Lessee Facilities. In the event such interference occurs, Lessee agrees to
take all action necessary to eliminate such interference in a reasonable time period. In the event Lessee falls to comply with this paragraph, Lessor may
terminate tiffs Agreement as provided in paragraph 10 herein. All opemfmns by Lessee shall be in compliance with all Federal Communications Commission
("FCC") requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit its lessees or licensees to install new equipment on the Property or
property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause physical or technological interference with Lessee's
opera,ions. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all action necessary to
eliminate such interference, in a reasonable time period, In the event Lessor falls to comply with this paragraph, Lessee may terminate this Agreement and/or
pursue any other remedies available under this Agreement, at law, and/or at equity.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay
all real property taxes, assessments and deferred taxes on the Property. Lessor agrees to provide to Lessee a copy of any notice, assessment or billing
relating to any personal property taxes for which Lessee is responsible under this Agreement within thirty (30) days of receipt of same by Lessor. Lessee
shall have no obligation to make payment of any personal property taxes until Lessee has received notice, assessment or billing relating to such payment
in accordance herewith. Lessee shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of any
personal property tax assessment or billing for which Lessee is wholly or partly responsible for payment under this Agreement. Lessor shall reasonably
cooperate with Lessee in filing, prosecuting and perfecting any appeal or challenge to personal property taxes as set forth herein, including but not
limited to executing consent to at:q~al or other similar document.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and
Lessee has the right to remove the same at any time without Lessur's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for
the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements
with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, atiachraent, or distress for any Rent due or to
become due and that such Collateral may be removed at any time without ~x~course to legal proceedings.
10. Termination. This Agreement may be terminated without further liability as follows: (i) on thirty (30) days prior writh:n notice by either party upon
a default of any covenant or term hereof by the other party, which default is not cured wi~in sixty (60) days of receipt of written notice of default, provided
that the grace period for any moneta~ default is ten (10) days from receipt of notice; or (ii) by Lessee on thirty (30) days prior written notice if it does not
obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iii) by Lessee on thirty (30) days
wriuen notice if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or
change in frequencies; or (iv) by Lessee on thirty days (30) written notice if Lessee determines that die Premises are not appropriate for its operations for
economic or technological reasons, including, without limitation, signal interference.
11. Destruction or Condenmation- If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation,
Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving
notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If
Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the
Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, comprehensive
general liability insurance, including bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100
Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising
out of or in connection with Lessee's use oftbe Premises, all as provided for herein, and shall name the Lessor as an additional insured.
13. INTENTIONALLY DELETED
14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises
without the prior written consent of Lessor; which shall not be unreasonably withheld, conditioned or delayed, provided, however, that Lessee may
assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one
percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor
may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to,
those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge,
hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to
whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or
Page 2
MKT: Eastern Iowa
SITE #IA-364P-D
similar instnaments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties
thereof.
15. Warranty of Title and Quiet Enioyment. Lessor win'rants that: (i) Lessor owns the Property in fee simple and has fights of access thereto; (ii)
Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing
and performing ail the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Prenfises.
Lessor agrees to indemnify and hold hanniess Lessee from any and all claims on Lessee's leasehold interest.
16. Repairs. Lessee shail not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default
or neglect of Lessee. Lessee shall maintain its facilities in good order and appearance. Except as set forth in Paragraph 6(a) above, upon expiration or
termination hereof, Lessee shail restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty
or other causes beyond Lessee's control excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the
Land or Building in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or
within the Land or Building in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or
dispose of any Hazardous Materiai on, under, about or within the Land or Building in violation of any law or regulation. Lessor and Lessee each agree to
defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims
and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this
paragraph. As used in this paragraph, "Hazardous Material" shail mean petroleum or any petroleum product, asbestos, any substance known by the state
in which the Land or Building is located to cause cancer and/or reproductive toxicity, and/or any substance, chemicai or waste that is identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of tl~s Agreement.
18. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including attorneys' fees, costs and expenses of
defending against such claims) arising or alleged to arise from the negligence or willful misconduct of Lessee or Lessee's agents or employees, licensees,
invitees, or contractors of Lessce in or about the Property. Lessor shall indemnify and hold Lessee harmless from all claims (including attorneys' fees,
costs and expenses of defending against such claims) arising or alleged to arise fi-om the negligence or willful misconduct of Lessor or Lessor's agents,
employees, licensees, invitces, contractors or other tenants occurring in or about the Property. The duties described in this Paragraph survive termination
of this Agreement.
19. Miscellaneous.
(a) Tiffs Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other
a~eements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invaiid or unenforceable with respect to any party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or unenforceable, shail not be affected and each provision of this Agreement shall be vaiid
and enforceable to the fullest extent permitted by law.
(c) This Agreement shail be binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(d) Whenever in this Agreement it shail be required or permitted that notice or demand be given or served by either party to this Agreement, such
notice or demand shall be given or served in writing and sent to Lessor at the address set forth and to Lessee as follows:
If to Lessor: City of Iowa City If to Lessee: Nextel WIP Lease Corp.
410 East Washington St. c/o Nextel panners, Inc.
Iowa City, IA 52240 4500 Carillon Point
Attention: Chris O'Bfien Kirkland, WA 98033
Attention: Legal DepartmenffLease Administrator
With a copy to: Nextel Partners
6750 Westown Pkwy, Ste. 115
West Des Moinas, IA 50266
Attn: Project Manager
All such notices shall be sent by certified or registered mail and in such case shail be effective as of the date such mailing is deposited or by reputable
overnight courier, and in such case shall be effective one (l) day after the date of mailing. Any such address may be changed from time to time by either
party serving notices as above provided.
(e) ~l~is Agreement shall be governed by the laws of the State in which the Property is located.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Ex/tibit C will be recorded by Lessee in the Official
Records of the County where the Property is located. Lessor agrees to sign all necessary and appropriate documents to facilitate the filing of the
Page 3
MKT: Eastern Iowa
SITE #IA-364P-D
Memorandum of Agreement. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-
disturbance and attornment insmament for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title
insurance company.
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party
shall not urtreasoanbly condition, delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
ii) This Ageement may be executed in duplicate counterparts, each of which shall be deemed an original.
(k) In the event of a breach or any of the covenants or agreements set forth in this Agreement, the parties shall be entitled to any and ail remedies
available at law or in equity. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a
result of the failure of either party to comply with the terms, covenants, agreements, and/or conditions of this Agreement, it is understood and agreed
upon that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including,
but not limited to, reasonable attorney's fees, including appellate fees, and court costs.
20. Marking and Lighting Requirements. Lessee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation
Administration ("FAA") and the FCC directly related to Lessee's equipment and activity on the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LESSOR LESSEE
City of Iowa City Nextel WIP Lease Corp.
d/b/a Nextel Partners
By:'-lSenise J. Swa.~d ' -
Date: July 16, 2002 Date: ~]gll)~"
Title: Mayo r Title: Assistant Secretary
Tax ID# 42-6004805
By
City Ntorney's Office
Page 4
MKT: Eastern Iowa
SITE #IA-364P-D
EXHIBIT A
DESCRIPTION OF LAND
to the Communications Site Lease Agreement (Building) dated c]LI ] V 16 , 2002, by and between the City of Iowa City, an Iowa
Municipality, a~ Lessor, and Nextel WIP Lease Corp., d/b/a Nextel Partners, a Delaware corporation, as Lessee.
The Land is described and/or depicted as follows:
Lots 1, 2, 3, and ~ of Block 61, Original Town of Iowa City, Iowa, according to die recorded plat thereof.
P~e5
Site Name: Iowa City DT
Site No.: IA364P-D
EXHIBIT B
DESCRIPTION OF PREMISES
to the Communications Site Lease Agreement (Building) dated July 16 ,2002, by and between City oflowa City, anlowa
Municipality, as Lessor, and Nextel WIP Lease Corp., d/b/a Nextel Partners, a Delaware corporation, as Lessee.
The Premises are described and/ar depicted as follows:
Attached is Sheet numbers: SK-I and SK-2
N~:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distunee requh'ed by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire dapartme~s.
4. The type, number and mounting positions end locations of antennas and transmission lines are illustrative only. Actual types, numbers,
mounting positions may vary bom what is shown above.
Page 6
/~- PROPOSED NEXTEL
PROPOSED
NEXTEL
/PARTNERS COAX ROUTING
PARTNERS COAX CABLE '. ,
ROUTEO FHROUGHWALL ,~ , ~ /w/ WALL MOUNTED COAX
w/ CABLE ENTRY PORT--- ix
.} ; ~ EXISTING ELEVATOR LOBBY/
I / PENTHOUSE STRUCTURE.
i ' ; NEXTEL PARTNER ANTENNA
~ i / ~ MOUNTED FLUSH TO TOP OF
; ~ / I PENTHOUSE.
COAX CABLE ROUTED ~ ~
TIGHT FO STRUCTURE i
W A"~ '~ '~ -- ETE COLUMNS
< ~C,.~~ ~ WIDE ACCESS/ UTILITY
,, ~ EASEMENT
UTILITY XFMR FOR POWER
OEMARCATION. LOCATED 0~
12':E WEST OF LEASE
AREA D
APPROXIMAIE LOCATION
OF NEXTEL PARTNERS
EQUIPMENT SHELTER
Oc~. NEW LOCATION OF
EXISTING CONCRETE EXISTING CONCRETE
BOLLARD TO BE Ocp BOLLARD
RELOCATED.
PROPOSED NEXTEL --
PARTNERS 16x25 LEASE
AREA w/ 10' HIGH
CHAINUNK FENCE. STAIRWELL
Q SITE PLAN BURLINGTON St.
NOT[S:
x IOWA CITY, IA IA-O64P-D
Cedar Rapids. IA Iowa City. IA. Des Moines. IA DRAWN
Moline. IL . Bloomington, IL Chicago. IL APPROVED JUD R,V'~,O~ SE-1
~' ~ )~-( NEXTEL PARTNERS COAX CABLE TRAY
_o_. ~I~ ROUTED ACROSS P.H. BLOG ROOF
~ "~ ~ ~ ~ T/ NEXTEL ANTENNA & PENTHOUSE
=~.~ ~ ~ ~ ~ ELEV. ~'-0" :~
~ ~ ~ NEXTEL PARTNERS COAX ROUTING
UP EXISTING BLDG WALL w/ WALL
0
o ~' / MOUNTED COAX SUPPORT KIT & / / ANTENNAS
5' ~ SHEET METAL COVER. COVER SHALL ................ ~,,~.~-,~-~ MOUN"I"~D W/TOP FLUSH TO
~ ~ BE PAINTED TO MATCH EXISTING ....... _~ .... j PEN'PHOUSE WALL
~ '-<,.> BUILDING -,~ T/ BLDC ROOF
~ ~ ...... :' ~ ELEV. 65'-0" +
.~ , _L , ~ i :
'" ..... 7-7 ...... F'
~ NEXTEL PARINERS EOUIPMENT
LOCATED ON GROUND FLOOR NEAR
SW CORNER OF PARKING STRUCTURE
lNG ELEVATION- SOUTH VIEW
MKT: Eastern Iowa
SITE #IA-364P-D
EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel WIP Lease Corp.
4500 Carillon Point
Kirldand, WA 98033
Attention: Property Manager
This Memorandum of Agreement is entered into on this day of ,2002 by and between City of Iowa City, an Iowa
Municipality, with an office at 410 East Washington Street, Iowa City, IA 52240, (hereinafter referred to as "Lessor") and Nextel WIP Lease Corp., d/b/a
Nextel Partners, a Delaware corporation with an office at 4500 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement (Building) ("Agreement") on the __ day of
2002, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the
foregoing are set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on July 31, 2002, or commencement of construction, whichever first occurs
("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with four (4) successive five (5) year
options to renew, subject to Lessor's consent.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to
Lessee (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
LESSOR: LESSEE:
City of Iowa City NEXTEL WIP LEASE CORP.
d/b/a Nextel Partners
By: EXHIBIT ONLY DO NOT EXECUTE By: EXHIBIT ONLY DO NOT EXECUTE
Name: Name:
Title: Title:
Date: Date:
STATE OF
COUNTY OF
On , before me, Notary Public, personally appeared,
· personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
Page 7
MKT: Eastern Iowa
SITE #IA-364P-D
STATE OF WASHINGTON
COUNTY OF KING
On ,2002, before me, , Notary Public, personally appeared Denise J. Swefland, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrament and
acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
P~e8
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel WIP Lease Corp.
4500 Carillon Point
Kirkland, WA 98033
Attention: Lease Administrator
This Memorandum of Agreement is entered into on this 16 day of duly ,2002
by and between City of Iowa City, an Iowa Municipality, with an office at 410 East Washington Street,
Iowa City, IA 52240, (hereinafter referred to as "Lessor") and Nextel WIP Lease Corp., d/b/a Nextel
Partners, a Delaware corporation with an office at 4500 Carillon Point, Kirkland, WA 98033 (hereinafter
referred to as "Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement (Building)
("Agreement") on the 16 day of duly , 2002, for the purpose of installing,
operating and maintaining a radio communications facility and other improvements. All of
the foregoing are set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on July 31, 2002, or
commencement of construction, whichever first occurs ("Commencement Date"), and
terminating on the fifth anniversary of the Commencement Date with four (4) successive
five (5) year options to renew, subject to Lessor's consent.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto.
The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B
annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the
day and year first above written.
LESSOR: LESSEE:
City of Iowa City NEXTEL WIP LEASE CORP.
tb/a Nextel Partners ~
By: y: /~x~/AA~/~ I
~ j~,
Name: Freest ~. L~hman Name:
Title: ~ayor Title:
Date: duly 16, 2002 Date: July 8, 2~2
Site No. IA-364P-D Page 1
Site Name: Iowa City DT
STATE OF Iowa
COUNTY OF dohnson
On July 16, 2002 , before me, Sondrae Fort Notary Public, personally
appeared, Ernest W. Lehman , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
I SONDRAEFORT ']
-~-r'ncJ..nc~. ~ (SEAL) ~.-~. Commission Number '15¢7"t[
I'l' My Commission Expires /
Notary Public i-~- ~,- '7- 03, J
My commission expires: ~- - ? - o '5
STATE OF WASHINGTON
COUNTY OF KING
On July 8, 2002, before me, ~ ii_. RAFFLE , Notary Public, personally appeared Denise
J. Swerland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
·
My commission expires: 5'- Z-~; -~ .c/ ,~ -...g ....... ..... ~...
~l~ Or WAS~~'.
Site No. IA-364P-D Page 2
Site Name: Iowa City DT
Site Name: Iowa City DT
Site No.: IA364P-D
EXHIBIT A
DESCRIPTION OF LAND
to the Coramunicatio~s Site ke~se Agreement (Building) dated 0 ti ] .y ],6 , 2002, by and between the City of Iowa City, an Iowa
Municipality, as Lessor, and Nextel WIP Lease Corp., d/b/a Next¢l Partners, a Delaware corl~ation, as Lessee.
Tho Land is des~ibed and/or depicted as follows:
Lots 1, 2, 3, and 4 of Block 61, Original Town oflowa City, Iowa, according to the recorded plat thereof.
Page 3
Site Name: Iowa City DT
Site No.: IA364P-D
EXHIBIT B
DESCRIPTION OF PI~MISES
to tbe Communicotions Site Lease Agreement (Building) dated July ].6 ,2002, by end between City of lowa City, enlowa
Municipality, as Lessor, and Nextel W1P Lease Corp., d/b/a Nextel Parmets, a Delaware corporation, as Lessee.
The Premises arc described end/or depicted as follows:
Attached is,~heet numbers: SK-I and SK-2
Ngtns;
1. '/~is Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fig departments.
4. The type, number and mounting positions and locations of entennns end transmission lines are illustrative only. Actual types, numbers,
mounting positions may vmy from what is shown above.
Page 4
PROPOSEO NEXTEL /~-PROPOSED NEXTEL
PARTNERS COAX CABLE I ~ / PARTNERS COAX ROUTING
ROUTED THROUGH WALL ! w/ WALL MOUNTED COAX
w/ CABLE ENTRY PORT _ ~! '~, SUPPORT KIT.
F ! i ; ~ EXISTING ELEVATOR LOBBY/
~ i I ,"" il PENTHOUSE STRUCTURE, I Fh
, / i NEXTEL PARTNER ANTENNA
' ' ' / J MOUNTED FLUSH TO fOP OF
PENTHOUSE.
TIGHT TO STRUCTURE---- i '
< x WIDE ACCESS/ UTILITY
o ~ ",, EASEMENT
UTILITY XFMR FOR POWER
DEMARCATION. LOCATED OCP
12% WEST OF LEASE
AREA [] E3
APPROXIMATE LOCATION
OF NEXTEL PARTNERS
EQUIPMENT SHELTER
EXISTING CONCRETE O~ NEW LOCATION OF
EXISTING CONCRETE
BOLLARD TO BE ' ' 0cP BOLLARD
RELOCATED.
PROPOSED NEXTEL
PARTNERS 16x25 LEASE
AREA w/ 10' HIGH
CHAINLINK FENCE. -STAIRWELL
Q 81TIE BURLINGTON St. N
NOTES:
7. OV, tIER: CITY OF IOWA CITY (PHONE: (319) 356-5094)
Moline. IL , Bloomington. IL , Chicago. Il APPROVED OMO REVISION S K--1
NEXTEL PARTNERS COAX CABLE TRAY
ROUTED ACROSS P.H. BLDO ROOF--~
~ T/ NEXTEL ANTENNA & PENTHOUSE
ELEV. 93'-0" ~
NEXTEL PARTNERS COAX ROUTING X ~ ·
UP EXISTING BLDG WALL w/ WALL ~ ~
MOUNTED COAX SUPPORT K~T & ~ / ~ ANTENNAS
SHEET METAL COVER. CO~R SHALL ~ ........... T ...... ~/ MOU~D W/TOP FLUSH T0
BE PAINTED TO MATCH EXIS~NG ~ .... ~ ~ PENTHOUSE WALL
BU~LO~NG ~ I } ~
~ j ~ T/ BLDG ROOF
NEXTEL PARTNERS EOUIP~ENT
LOCATED ON GROUND FLOOR NEAR
S~ CORNER OF PARKING S~UCTURE
:1 lNG ELEVATION - 80UTH VIEW
Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 02-250
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE VOICE
COMMUNICATIONS PHASE 2 OUTSIDE PLANT PACKAGE PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 7TH day of August,
2002, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 20th day of August, 2002, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Passed and approved this 16th day of July ,20 02
Resolution No.
Page 2
It was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Kumi Morris, Engineering Division, Public Works, 410 E Washington St., Iowa City, IA 52240 (319) 356-5044
RESOLUTION NO. 02-251
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
ANIMAL SHELTER HVAC PROJECT: PHASE tl, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 16th day of August 2002,
or at a later date and/or time as determined by the Director of Public Works or designee,
with notice of said later date and/or time to be published as required by law. Thereafter the
bids will be opened by the City Engineer or his designee, and thereupon referred to the
Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be
held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20th
day of August, 2002, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Passed and approved this 16th day of July ,20 02
CIT? CLERK C ~orney s Office
pweng'~resan~mshlthva~ppp&s doc 9/99
Resolution No. 02-251
Page, 2
It was moved by 0'Donne'l 1 and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Janet Lower, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 02-252
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2002
CURB RAMP PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
th
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 6 day of August 2002,
or at a later date and/or time as determined by the Director of Public Works or designee,
with notice of said later date and/or time to be published as required by law. Thereafter the
bids will be opened by the City Engineer or his designee, and thereupon referred to the
Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be
held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20th
day of August, 2002, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Passed and approved this 16th day of ,July ,20 02
Approved by
CITY'CLERK ' Ci~ ,~tt~ney's I~ffice
Resolution No. 02-252
Page. 2
Itwas moved by Wilburn and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Steve Nasby, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO.
A RESOLUTION ADOPTING IOWA CITY'S AMENDED FY02 AND FY03 ANNUAL ACTION
PLAN BUDGETS, THAT ARE PARTS OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN
(CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL
NECESSARY CERTIFICATIONS TO THE U,S, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN,
WHEREAS, the U.S. Depadment of Housing and Urban Development (HUD) requires the City
of Iowa City, Iowa, to prepare and submit Annual Action Plans as part of the City's Consolidated
Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with
housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission held meetings
on May 16, 2002, May 29, 2002 and June 13, 2002, regarding the use of federal Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal
years 2002 and 2003; and
WHEREAS, the City has disseminated information, received public input and held a public
hearing on the Amended budgets for the FY02 and FY03 Annual Action Plans; and
WHEREAS, the Amended budgets for the FY02 and FY03 Annual Action Plans contain the
allocation of CDBG and HOME funds attached hereto as Exhibit A and Exhibit B; and
WHEREAS, adoption of the Amended budgets for the FY02 and FY03 Annual Action Plans is
required by the U.S. Depadment of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the
Amended budgets for the FY02 and FY03 Annual Action Plans and authorizes their submission
to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City Amended budgets for the FY02 and FY03 Annual Action Plans,
filed in the office of the City Clerk, be and the same is hereby approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the City of
Iowa City Amended FY02 and FY03 Annual Action Plans to the U.S. Department of
Housing and Urban Development, and is further authorized and directed to provide all
the necessary certifications required by the U.S. Department of Housing and Urban
Development in connection with said Plans.
Resolution No.
Page 2
3. The City Manager is hereby designated as the Chief Executive Officer and authorized to
act on behalf of the City of Iowa City in connection with the City of Iowa City Amended
FY02 and FY03 Annual Action Plans.
Passed and approved this day of ,20__
MAYOR
Approved by
ATTEST: ~~'-
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
ppdcdbglreslcitysteps~mended.doc
Resolution No.
Page 3
Exhibit A
FY02
CDBG AND HOME FUNDZNG, AS AMENDED
Council (5/1/01) Amended
Approved Budqet
ECONOMIC DEVELOPMENT PRO3ECTS
Hicro-Enterprise Start up - Extend the Dream Foundation $~_05,000 $106,750
Micro-Enterprise Start up- Ruby's Pearl $ 20,000 $ 20.000
Subtotal $125,000 $126,750
PUBLIC SERVZCE PRO3ECTS (FY02 Statutory Cap $158,000)
Furniture Project - Domestic Violence Intervention Program $ :~3,500 $ :~3,500
Shelter Coordinator- Emergency Housing Project $ 25,000 $ 25,000
Consumer Credit Counseling - Family Services $ 4,925 $ 4,925
Minority Women's Health Initiative - Eagles Flight, Inc. $ 9,575 $ 9,575
Aid to Agencies $~_05,000 $105,000
Subtotal $158,000 $158,000
PUBLIC FACILITIES PRO~ECTS
Facility Rehabilitation - Neighborhood Centers of.lohnson Co. $ 23,975 $ 23,975
Facility Acquisition - Pathways Adult Day Care $ 300,000 $300,000
Facility Rehabilitation - Hillcrest Family Services $ 8,:~67 $ 8,~.67
Facility Rehabilitation - Emergency Housing Project $ 1,4~.Q $ ~.,4~.0
Subtotal $333, 552 $333,552
HOUSZNG PRO3ECTS
Affordable Rental Units - Greater Towa City Housing Fellowship $623,467 $623,467
Student Built House - Greater Iowa City Housing Fellowship $ 30,000 $24,881
Affordable Rental Units - Metro Plains Development $250,000 $ 0
Small Repair Program: Elder Services, Inc. $ 40,000 $ 40,000
Land Acquisition - Habitat for Humanity $ 59,981 $68,48~.
Deposit Assistance Program - Emergency Housing Project $ 5,000 $ 5,000
Housing Rehabilitation: City of Iowa City $200,000 $200,000
Subtotal $1,208,448 $961,829
ADMINISTRATION
HOME Program Administration $ 71,600 $ 7:!,600
CDBG Program Administration and Planning $170,000 $J,70,000
Contingency\U nprog rammed $ Q $255,119
Subtotal $241, 600 ~ 496, 719
TOTAL $2,066,600 $2,076,850
Resolution No.
Page 4
Exhibit B
FY03
CDBG AND HOME FUND[NG AS AMENDED
Council (5/7102) Amended
Approved Budget
ECONOMIC DEVELOPMENT PROJECTS
Economic Development Fund -City of Iowa City $147,900 $147,900
Subtotal $147, 900 $147,900
PUBLIC FACILITIES PROJECTS
Facility Rehabilitation - Neighborhood Centers of Johnson Co. $ 34,490 $ 34,490
Facility Acquisition - United Action for Youth $225,000 $225,000
Food Bank Warehouse - Crisis Center $112,510 $112,510
Facility Rehabilitation -Wesley Foundation $ 39,000 $ 39,000
Subtotal $411,000 $411,000
PUBLIC SERVICE PROJECTS
Furniture Project- Domestic Violence Intervention Program $ 4,500 $ 4,500
Case Management- Iowa City Free Medical Clinic $ 18,000 $ 18,000
Shelter Coordinator- Emergency Housing Project $ 18,000 $ 18,000
Aid to Agencies $105,000 $105,000
Subtotal $145,500 $145,500
HOUSING PROJECTS
Affordable Homeownership - Greater iowa City Housing Fellowship $102,000 $102,000
Affordable Rental Units -Garden Prairie $301,200 $500,000
Transitional Housing - Hawkeye Area Community Action Program $144,000 $144,000
Small Repair Program: Eider Services, Inc. $ 40,000 $ 40,000
Property Acquisition - Hawkeye Area Community Action Program $ 34,400 $ 34,400
Deposit Assistance Program- Emergency Housing Project $ 5,000 $ 5,000
Housing Rehabilitation: City of Iowa City $200,000 $200,000
Subtotal $928,600 $1,025,400
ADMINISTRATION AND PLANNING
HOME Program Administration $ 71,400 $ 71,400
CDBG Program Administration and Planning $170,600 $170,600
Contingency\Unprogramm ed $ 0 $ 56,319
Subtotal $242,000 $298,319
TOTAL $1,773,000 $2,028,119'
*Includes unprogrammed funds from FY02.
City of Iowa City
MEMORANDUM
Date: July 16, 2002
To: City Council j' ·
From: Karin Franklin, Director, P~-~~
Re: Report on Parcel 64-1A
Pursuant to the Council's Resolution 02-214, a 30-day time period was given for
any interested party to submit a proposal to compete with the proposal accepted
by the City Council in the Resolution noted above. Proposers were given until
Monday, July 15, 2002 at 9:00 a.m. No proposals were received.
Cc City Manager
City Clerk
RED ALERT: COUNCIL WILL VOTE ON MOEN PROJECT TONIGHT
By accepting the Moen proposal, the proposed Plaza Tower project area will not yield any prope~y taxes for the
next 20 years. Under the Moon Plan~ the City will issue $6,000,000 in bonds to be "paid hack through taxes
generated in the tax increment financing district." In addition, there will be an estimated $1,100,000 General
Obligation Bonds issued to cover the interest costs until the Plaza Towers Project will be generating any funds for
the City. The total taxes to be collected on the Plaza Towers property is $10,437,840 and on the Vogel House
$1,624,500, but it will all be needed to pay offthe bond issues instead of being used for general properly tax
purposes. The $6,000,000 is for a grant to the developer, and the $1,100,000 is a different type of gift so the total
gift is $7,100,000. ff there is another developer with a realistic project, all taxes generated by both properties would
go to the City, the County and the School District starting in 2004, not 20 years from now. But this project, as
structured, means there will be an additional burden to Iowa City taxpayers. Iowa City's tax rote per $1,000
valuation for fiscal year 2003 is $16.500 and Coralville's tax rate per $1,000 valuation is $11.8199 - 38.4% less.
At present, this parcel produces substantial revenues for a parking department that says it is too strapped to allow
any free parking on weekends. Library parking will become worse under the Moon Plan. It takes the present
parking with no obligation on the developers to build any public parking spaces. Library patrons will experience
more inconvenience when the parking adjacent to the library is lost forever.
What happens to the public treasury if the Moon Group's plans go awry? The proposed agreement is with Plaza
Towers, LLC., a limited liability corporation. Based on the proposal, it appears that the amount invested by the
developer could be a very small amount. If liquidated damages for non-performance, as discussed in the proposal,
are necessary or if the project fails, ffthe EEC. has no equity and/or no performance bond, where will the funds
come from? Why hasn't there been a request for financial statements for this project to determine the amount of
personal equity the developers will invest in this project? The Moun Group did not pay their current property taxes
of $34,750 on the properly at 103 College St. and Lhis amount was sold at a tax sale.
Karen Franklin's cover letter states "...the negative residual value arrived at by our appraiser." Does this indicate
that the project will not justify even the ridiculously low $250,000 proposed price for the land?
Is the City's requirement for a full-service grocery store without its own parking realistic? Can a 10,000 square foot
facility (substantially smaller than the Fareway stores) be successful wilhoul substantial liquor sales?
Finally, this project does not even pretend to cause the City of Iowa City to keep promises made years ago when
many private property owners lost their rights by condemnation or otherwise, as a part of the Urban Renewal
Program. The sales proceeds were to be dedicated to low-income housing projects. Under the Moon Plan, a parcel
valued at nearly $2,000,000 will be sold to the Moen Group for $250,000 to finance, in no small measure, a high
cost residential property for presumably upper middle class persons. Shouldn't we care, at a time when hard
working, yet lower-income, citizens have a very difficult time finding reasonably-priced housing in Iowa City that a
promised-source of funding has simply been taken away from one social group and awarded to those individuals that
own Plaza Towers, EEC.?
Please, someone explain why this is so great for Iowa City and the Iowa City property taxpayers?
B~on Ross
Richard Larew
The University of Iowa Department of
Retired
No job ia too .small
R.
Ross,
C.P.A.
Adjunct, Prolessor Emeritus
Home
W3'18 PBB ~'19 ~35-094~ *14~ Cn~l P~ FAX
College of Business FAX ~*19 ~35-195~ Iow~ Cily, Iow~ 52240 Ern~il BRoss97956~sol.com
Iow~ City, Iow~ ~42 Em~il byroo-ross~uiow~.~du
City Council Member 0' Donnel 1 then introduced the following
Resolution entitled "RESOLUTION ACCEPTING THE PROPOSAL BY PLAZA
TOWERS, LLC AND MARC MOEN, MONICA MOEN AND MICHAEL MOEN TO
PURCHASE CERTA1N PROPERTY LOCATED WITHIN THE CENTRAL
BUSINESS DISTRICT URBAN RENEWAL AREA, APPROVING AN AGREEMENT
FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND
PLAZA TOWERS, LLC AND MARC MOEN, MONICA MOEN AND MICHAEL
MOEN AND AUTHORIZING EXECUTION OF REQUIRED DOCUMENTS" and
moved that the same be adopted. City Council member Champi on seconded the
motion to adopt. The role was called and the vote was:
AYES: Champion, Lehma% O'Donnell, Wilburn
NAYS: Kanner, Pfab, Vanderhoef
Whereupon, the Mayor declared the Resolution duly adopted as follows:
RESOLUTION NO. 02-253
RESOLUTION ACCEPTING THE PROPOSAL BY PLAZA TOWERS,
LLC AND MARC MOEN, MONICA MOEN AND MICHAEL MOEN TO
PURCHASE CERTAIN PROPERTY LOCATED WITHIN THE
CENTRAL BUSINESS DISTRICT URBAN RENEWAL AREA,
APPROVING AN AGREEMENT FOR THE IMPROVEMENT AND
SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND
BETWEEN THE CITY OF IOWA CITY, IOWA AND PLAZA TOWERS,
LLC AND MARC MOEN, MONICA MOEN AND MICHAEL MOEN
AND AUTHORIZING EXECUTION OF REQUIRED DOCUMENTS
WHEREAS, this City Council, by Resolution No. 02-214 adopted June 11, 2002,
among other things:
1. Approved competitive terms and Minimum Development Requirements for
the acquisition of certain real property for private redevelopment within the Central
Business District Urban Renewal Plan Area;
2. Determined the fair market value of said property for uses in accordance
with the City - University Project I Urban Renewal Plan (the "Plan");
3. Determined that the proposal submitted by Plaza Towers, LLC and Marc
Moen, Monica Moen and Michael Moen (the "Developer"), satisfies the terms and
requirements of said offering;
4. Approved as to form the proposed Agreement for Improvement and Sale of
Land for Private Redevelopment by and between the City of Iowa City, Iowa and the
Developer as well as the Minimum Assessment Agreements incorporated by reference
and attached thereto;
5. Determined that the Developer possesses the qualifications, financial
resources and legal ability necessary to acquire and redevelop the area described therein
in the manner proposed in the offering and in accordance with the Plan;
6. Set a date for receipt of competing proposals and any opening thereof,
established a procedure for each proponent to better its proposal and set a cut-off time for
such modifications; and provided for review of such proposals with recommendations to
this City Council in accordance with established procedures;
7. Declared that the proposal submitted by the Developer satisfied the
requirements of the offering, and declared its intent to accept such proposal and enter into
the Agreement for Improvement and Sale of Land for Private Redevelopment and the
Minimum Assessment Agreements incorporated therein by reference in the event no
other qualified proposal is timely submitted; and
8. Approved and directed publication of a Notice to advise any would-be
competitors of the opportunity to compete for acquisition of the property for
redevelopment under the terms and conditions described therein; and
WHEREAS, on June 14, 2002, the text of said Resolution was published as the
Official Notice of this offering and of the intent of the City of Iowa City, Iowa, in the
event that no other qualified proposals were timely submitted, to enter into the
Agreement for Improvement and Sale of Land for Private Redevelopment and Minimum
Assessment Agreements incorporated by reference therein and attached thereto; and
WHEREAS, this City Council has received and approved as its own the Director
of Planning's report that no other qualified proposal was received; and
WHEREAS, it is the determination of this City Council that acceptance of the
proposal of the Developer and the approval of the Agreement for Improvement and Sale
of Land for Private Redevelopment, between the City of Iowa City and the Developer, is
in the public interest of the residents of the City and is consistent with the purposes and
objectives of the Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City,
Iowa:
1. That the purchase price for the property offered by the Developer is equal
to or greater than the amount of the fair value thereof for uses in accordance with the Plan
and is hereby approved.
2. That the attached Agreement for Improvement and Sale of Land for Private
Redevelopment, as well as the Minimum Assessment Agreements
incorporated by reference therein, by and between the City and the
Developer for the purchase and redevelopment of certain real property
described therein, is in the public interest of the residents of Iowa City and
in furtherance of the purposes and objectives of the Central Business
District Urban Renewal Plan, and are hereby approved; and that the Mayor
is authorized and directed to execute the Agreement for Sale of Land for
Private Redevelopment and Minimum Assessment Agreements
incorporated by reference therein and attached thereto on behalf of the City
and the City Clerk is authorized and directed to attest to his signature and to
affix the seal of the City to the same; and that from and after the date hereof
the Mayor and the City Clerk be and they are hereby authorized and
directed to take all such actions and do all such things as they shall
determine to be necessary or appropriate to ensure the City's performance
as provided therein.
3. That the City Clerk is hereby authorized to record said Agreement in the
Office of the Recorder, Johnson County, Iowa and to bill Redeveloper for the cost of
same.
PASSED AND APPROVED this 16th day of July ,2002.
Mayor
ATTEST:
City'~rk -
AGREEMENT
FOR
THE IMPROVEMENT AND SALE OF LAND
FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA,
and
PLAZA TOWERS, L.L.C.
And
MARC MOEN, MONICA MOEN, & MICHAEL MOEN
Exhibit A Map of Urban Renewal Area
Exhibit B Legal Description of Urban Renewal Area
Exhibit C Redeveloper's Proposal
Exhibit D Minimum Improvements and Uses
Exhibit E Legal Description of Redevelopment Property and Vogel Property
Exhibit F Public Access Easement Agreements
Exhibit G Off-Site Parking Agreement
Exhibit H Minimum Assessment Agreements for Redevelopment Property and Vogel
Property
Exhibit I Memorandum of Agreement
Exhibit J Opinion of Counsel
2
INTRODUCTION
THIS AGREEMENT FOR IMPROVEMENT AND SALE OF LAND FOR
PRIVATE REDEVELOPMENT is by and between the City of Iowa City, Iowa, a
municipality ("City"), established pursuant to the Code of Iowa of the State of Iowa and
acting under the authorization of Iowa Code Chapter 403 (2001), as amended, ("Urban
Renewal Act") and Marc Moen, Monica Moen and Michael Moen, comprising Plaza
Towers, L.L.C., (hereinafter referred to as "Redeveloper"), a limited liability corporation
organized under the laws of the State of Iowa and having an office for the transaction of
business at 123 N. Linn Street, Iowa City, Iowa and Marc Moen, Monica Moen and
Michael Moen for purposes of being obligated under the terms of the Minimum
Assessment Agreement for the Vogel Property being executed pursuant hereto. This
agreement outlines the terms and conditions, and the relative fights and responsibilities of
the City and the Redeveloper for the redevelopment of the property in downtown Iowa
City known as Parcel 64-1a, an urban renewal parcel.
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City
has undertaken a program for the clearance and reconstruction or rehabilitation of certain
areas in the City and has undertaken an economic development area in the City; and
WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution
No. 2157 approving the City-University Project I Urban Renewal Plan (Project No. IA
R-14), (the "Urban Renewal Plan"), which plan has been modified and amended from
time to time;
WHEREAS, said Plan was adopted for the Central Business District ("Project
Area") which is shown on Exhibit "A" and legally described on Exhibit "B"; and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of this
Agreement has been recorded among the land records in the office of the Recorder of
Johnson County, Iowa; and
WHEREAS, such Urban Renewal Plan permits the City to respond to
development opportunities as and when they may appear; and
WHEREAS, in response to the City's request for proposals for redevelopment of
the subject property, the Redeveloper submitted a private redevelopment proposal titled
"Plaza Towers", which proposal consists of conference facilities, hotel suites,
apartment/condominium units and specified commercial space, including a grocery store,
all as shown on the Redeveloper's proposal, attached as Exhibit "C" (hereinafter, "the
Project") and the description of Minimum Improvements and Uses, attached as Exhibit
"D"; and
WHEREAS, the City has determined the Project is consistent with and authorized
by the Urban Renewal Plan and all applicable State and federal laws, including but not
limited to Iowa Code Chapters 15A and 403; and
WHEREAS, as part of the Project the City has offered to sell and the Redeveloper
is willing to purchase certain real property located in the Project Area as more
particularly described in Exhibit "E" annexed hereto and made a part hereof ("Property");
and
WHEREAS, the Redeveloper is willing to develop or cause the Property to be
developed for and in accordance with the uses specified in the Urban Renewal Plan and
in accordance with this Agreement by constructing the Project facility and incorporating
the uses outlined in this Agreement and the Redeveloper's proposal.
NOW, THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
PART I
Section 1. Construction and Uses.
The Redeveloper's construction on Parcel 64-1a will consist of a multi-use
structure generally consistent with the redevelopment proposal shown on Exhibit "C" as
submitted by the Redeveloper on August 3, 2001 in response to the City's Request for
Proposals to Purchase Urban Renewal Parcel 64-1a for a Private Redevelopment Project
and as described more fully on Exhibit D (Minimum Improvements and Uses). The
Redeveloper hereby commits to a Project that includes a minimum total of $22,265,000
in construction costs, inclusive of architectural fees.
The alley south of the project site shall remain two way with appropriate signage
provided by the City. The alley shall be kept clear at all times and an 18-f00t overhead
clearance shall be maintained. The alley shall remain public and the City may enforce all
applicable parking and traffic laws within said alley. The alley may be used for the site
of the drive-up book drop for the Iowa City Public Library. The City shall provide
surface maintenance on the alley, however, the Redeveloper and the owners of the
adjacent hotel property (currently the Sheraton) shall be responsible for clearing the alley
of any snow, ice and/or other debris. A public access easement as set forth on Exhibit F
shall be provided over private surface parking at the south end of the project site.
4
Section 2. Representations and Warranties of Redeveloper. The Redeveloper
makes the following representations and warranties:
(1) The Redeveloper is a limited liability company duly organized under the
laws of the State of Iowa, has power to enter into this Agreement and to perform its
obligations hereunder, and is not in violation of any provisions of its articles of
organization, operating agreement, any other agreement or the laws of the State of Iowa.
(2) The Redeveloper has the full power and authority to execute this
Agreement and this Agreement shall constitute the legal, valid and binding obligation of
the Redeveloper in accordance with its terms, and the consent of no other party is
required for the execution and delivery of this Agreement by the Redeveloper or the
consummation of the transaction contemplated hereby.
(3) The making and performance of this Agreement by the Redeveloper and the
execution and delivery of the documents to be delivered by the Redeveloper pursuant
hereto, have been duly authorized by all necessary action of the Redeveloper, and this
Agreement and such documents will be valid and binding obligations of the Redeveloper
enforceable in accordance with their terms.
(4) The Redeveloper will cause the Minimum Improvements to be constructed,
operated and maintained in accordance with the terms of this Agreement, the Urban
Renewal Plan and all local, state and federal laws and regulations (including, but not
limited to, environmental, zoning, energy conservation, building code and public health
laws and regulations), except for minor variances necessary to construct the Minimum
Improvements contained in any Construction Plans approved by the City.
(5) The Redeveloper will use its best efforts to obtain, or cause to be obtained,
in a timely manner, all required permits, licenses and approvals, and will meet, in a
timely manner, all requirements of all applicable local, state, and federal laws and
regulations which must be obtained or met before the Minimum Improvements may be
lawfully constructed. The Redeveloper's Architect will work with the City's staff Design
Review Committee on the final designs of the project. The Design Review Committee
will ultimately approve or disapprove the exterior design of the building. This agreement
is contingent on the Redeveloper's Architect and the City's staff Design Review
Committee reaching agreement on the exterior design of the building.
(6) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms
and conditions of this Agreement are not prevented by, limited by, in conflict with, or
result in a breach of, the terms, conditions or provisions of any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which the
5
Redeveloper is now a party or by which it is bound, nor do they constitute a default under
any of the foregoing.
(7) The Redeveloper will spend enough in construction of the Minimum
Improvements, when combined with the value of the Property and related site
improvements, to equal or exceed the Assessor's Minimum Actual Value set forth in
Section 8 of this Agreement. The Redeveloper estimates that the Assessor's Minimum
Actual Value set forth in Section 8 of this Agreement is a reasonable estimate of the
actual value for ad valorem tax purposes.
(8) The Redeveloper has not received any notice from any local, state or
federal official that the activities of the Redeveloper with respect to the Property may or
will be in violation of any environmental law or regulation (other than those notices, if
any, of which the City has been notified). The Redeveloper is not aware of any State or
federal claim filed or planned to be filed by any party relating to any violation of any
local, State or federal environmental law, regulation or review procedure, and the
Redeveloper is not aware of any violation of any local, State or federal law, regulation or
review procedure which would give any person a valid claim under any State or federal
environmental statute.
(9) The financing commitments which the Redeveloper will proceed with due
diligence to obtain to finance acquisition or construction of the Minimum Improvements
will be sufficient to enable the Redeveloper to successfully complete the Minimum
Improvements as contemplated in this Agreement. Redeveloper will obtain all financing
commitments necessary for the construction of the Minimum Improvements by July 1,
2003, and provide a copy of such commitments to the City by such date. This agreement
is contingent upon Redeveloper obtaining financing upon terms and conditions
satisfactory to Redeveloper. In the event such financing is not obtained by Redeveloper
by July 1, 2003, Redeveloper shall have the right to terminate this Agreement.
(10) The Redeveloper will cooperate fully with the City and the owner of the
property contiguous to the subject Property in resolution of any traffic, parking, trash
removal, public safety or any other problems which may arise in connection with the
construction and operation of the Minimum Improvements. The Redeveloper will
coordinate staging for construction of the Minimum Improvements with the contractor
for the Public Library project.
Section 3. Purchase Price.
Subject to all the terms, covenants and conditions of this Redevelopment
Agreement, the City will sell the Property to the Redeveloper for, and the Redeveloper
will purchase the Property from the City and pay therefore the amount of $250,000 (the
Purchase Price), which shall be paid to the City in immediately available funds at closing.
6
Section 4. Conveyance of Property.
(a) Form of Deed. The City shall convey to the Redeveloper title to the
Property by Warranty Deed ("Deed"). Such conveyance and title shall, in addition to all
conditions, covenants and restrictions set forth or referred to elsewhere in this
Agreement, be subject to all conditions, covenants and restrictions contained in the Urban
Renewal Plan.
(b) Recordation of Deed. The Redeveloper shall promptly file the Deed for
recordation among the land records in the office of the Recorder of Johnson County,
Iowa. The Redeveloper shall pay all costs for so recording the Deed and a Memorandum
of Agreement provided for in Section 805.
(c) Abstract of Title. The City, at its expense, shall provide an Abstract of
Title on the subject property continued through August 31, 2003, for examination by the
Redeveloper. The City shall deliver said Abstract to Redeveloper by September 15,
2003, after which the Redeveloper shall have thirty (30) calendar days to examine same
and issue a preliminary title opinion. The Abstract shall become the property of the
Redeveloper at the time of delivery of the Deed for the parcel, and such Abstract shall
show good and merchantable title in the City in conformity with this Agreement, Iowa
Law, and the Title Standards of the Iowa State Bar Association, and shall show title free
and clear of all taxes, encumbrances, easements, covenants, reservations and restrictions,
except as otherwise agreed to herein, which shall be subject to approval of Redeveloper
after examination of the abstract of title and review of the specific terms of any
easements and restrictions, including but not limited to zoning ordinances, existing
easements, restrictions or reservations, including but not limited to, those established by
the Urban Renewal Plan. After examination of the Abstract of Title by the Redeveloper,
the Abstract of Title shall be held by the City until delivery of the Deed to the
Redeveloper for the subject parcel.
Section 5. Time for Commencement and Completion of Minimum
Improvements.
The construction of the Project and Minimum Improvements referred to in Section
301 of Part II hereof shall commence not later than November 1, 2003, and shall be
completed on or before November 1, 2005.
Section 6. Time for Closing and Certain Other Actions.
(a) Progress Reports and Time for Submission of Construction Redeveloper
will keep the City informed regarding the status of the Project by responding to inquiries
from representatives of the City and furnishing progress reports as reasonably requested.
Redeveloper agrees to provide to the City design development drawings showing
preliminary floor plans, elevations and related information no later than 180 calendar
days from the date of this Agreement. No formal response will be required from the City
to these design development drawings, however, the City will alert Redeveloper of any
code violations or other design issues that would impact the acceptance of the
Construction Plans. The time within which the Redeveloper shall submit its initial
"Construction Plans" (as defined in Section 301 of Part II hereof) to the City in any event,
pursuant to Section 301 of Part II hereof, shall be not later than 360 calendar days from
the date of this Agreement. Within 30 calendar days of submittal, the City shall review
and approve or reject and make recommendations for corrections to said Construction
Plans. The City's review of said Construction Plans shall be based on the Urban Renewal
Plan, all applicable codes and any additional requirements imposed on the Redeveloper
under this Agreement.
(b) Time for Submission of Corrected Construction Plans. Except as provided
in Paragraph (c) of this Section 6, the time within which the Redeveloper shall submit
any new or corrected Construction Plans as provided for in Section 301 of Part II hereof
shall be not later than thirty (30) days after the date the Redeveloper receives written
notice from the City of the City's rejection and recommendations for corrections to the
Construction Plans referred to in the latest such notice.
(c) Maximum Time for Approved Construction Plans. In any event, the time
within which the Redeveloper shall submit Construction Plans which conform to the
requirements of Section 301 of Part II hereof and are approved by the City shall be not
later than ninety (90) calendar days after the date the Redeveloper receives written notice
from the City of the City's first rejection and recommendations for corrections to the
original Construction Plans submitted to it by the Redeveloper.
(d) Time for City Action on Change in Construction Plans. The time within
which the City may reject any change in the Construction Plans, as provided in Section
302 of Part II hereof, shall be fourteen (14) calendar days after the date of the City's
receipt of notice of such change.
(e) Time for Submission of Evidence of Financing Ability. On or before July
1, 2003, the Redeveloper shall submit to the City evidence satisfactory to the City that the
Redeveloper has the financial ability and commitments for construction and mortgage
financing necessary for construction of the Minimum Improvements, as provided in
Section 301 of Part II hereof.
(f) Time for Application for On-Site Parking. After submission of the
Redevelopers' Construction Plans as outlined above, and before
conveyance of the Property, the City shall make application to the Iowa
City Board of Adjustment for approval of a special exception to allow
on-site parking in the CB-10 zone on behalf of the Redeveloper to
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accommodate the on-site parking within the Project as shown on the
Construction Plans.
(g) Time and Place for Closing and Delivery of Deed. If the conditions
precedent to closing set forth in Section 7 have been satisfied, the City shall deliver the
Deed and possession of the Development Property to the Redeveloper on or before
October 15, 2003, or on such other date as the parties hereto may mutually agree in
writing (the "Closing Date"); provided, however that in the event the conditions
precedent to closing have not been satisfied, either the City or Redeveloper may
terminate this Agreement or waive or extend the time for satisfaction of such conditions
precedent. Conveyance of the Warranty Deed shall be made at the principal office of the
City on the Closing Date and the Redeveloper shall accept such conveyance and pay to
the City at such time and place the Purchase Price in immediately available funds.
Section 7. Conditions Precedent to Conveyance of Property. The City's
obligation to convey title and possession of the Property to the Redeveloper on the
Closing Date and Redeveloper's obligation to accept title and possession of the Property
on the Closing Date, shall be subject to satisfaction of the following conditions precedent:
(a) The Redeveloper and the City shall be in material compliance with all the
terms and provisions of this Agreement;
(b) The Redeveloper shall have submitted to the City Construction Plans for
the Project, and such Construction Plans shall have been approved by the
City pursuant to Section 6 of this Agreement, including certification that
the plans are in compliance with the Urban Renewal Plan. The
Construction Plans will, among other things, contain specifics for the
grocery store and hotel referred to on Exhibit C.
(c) The Redeveloper shall have furnished the City with evidence, in a form
satisfactory to the City (such as a letter of commitment from a bank or other
lending institution), that the Redeveloper has firm commitments for
construction and permanent financing acceptable to Redeveloper for the
Project in an amount sufficient, together with equity commitments, to
complete the Project in conformance with the Construction Plans, or the
City shall have received such other evidence of the Redeveloper's financial
ability as in the reasonable judgment of the City is required;
(d) The Redeveloper shall have furnished the City with evidence in a form
satisfactory to the City of the acquisition of performance and payment
bonds for the Project;
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(e) The City shall have completed the sale of City issued Bonds financing its
costs of the Project on such terms and conditions as the City shall have
determined to be acceptable to it, in its sole discretion;
(f) Execution of Minimum Assessment Agreements pursuant to Section 8 of
this Agreement;
(g) Execution of Public Access Easement Agreements pursuant to Section 1 of
this Agreement;
(h) Granting of special exception for On-Site Parking satisfactory to
Redeveloper;
(i) Execution of an Off-Site Parking Agreement pursuant to Exhibit G;
(j) Receipt of an opinion of counsel to the Redeveloper in the form attached
hereto as Exhibit J.
(k) Agreement of the Redeveloper's architect and the City's staff Design
Review Committee on the exterior design of the building. If such
agreement is not reached, Redeveloper has the right, at its option, to
terminate this Agreement.
Section 8. Minimum Assessment Agreement.
The Redeveloper acknowledges and agrees that the grant to the Redeveloper
provided for in Section 102 of Part II of this Agreement contemplates that sufficient
property tax revenues will be generated from the Project and another development which
the Redeveloper is presently constructing within the Central Business District Urban
Renewal Area (the "Vogel Property"- legally described on Exhibit "E") will be sufficient
to repay the cost of the bonds referred to in Section 102 of Part II of this Agreement. In
order to induce the City to make such grant and issue such bonds, Redeveloper agrees to
enter into a Minimum Assessment Agreement to establish a Minimum Actual Value for
the land and Minimum Improvements for this Project and the land and improvements
constituting the Vogel Property.
The Redeveloper acknowledges and agrees that it, or the owners of condominium
units sold, will pay when due all taxes and assessments, general or special, levied upon or
assessed or placed against the Property and Minimum Improvements thereon, and the
Vogel Property and further agrees that prior to the final maturity date of all bonds, notes
or other obligations issues by the City to finance its costs of the Project:
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(a) it, or the owners of condominium units sold, will not seek administrative or
judicial review of the applicability of any tax statute determined by any official to be
applicable to the Property or the Redeveloper, or the owners of condominium units sold,
or raise the inapplicability of any such tax statute as a defense in any proceedings,
including delinquent tax proceedings;
(b) it, or the owners of condominium units sold, will not seek administrative or
judicial review of the constitutionality of any tax statute determined by any official to be
applicable to the Property or the Redeveloper or the owners of condominium units sold,
or raise the unconstitutionality of any such tax statute as a defense in any proceedings,
including delinquent tax proceedings;
(c) except as set forth below, it will not cause a reduction in the taxable
valuation upon which real property taxes are paid with respect to the Project, which
consists of a multi-use structure generally consistent with the redevelopment proposal
shown on Exhibit "C" as submitted by the Redeveloper, on August 3, 2001 in response
to the City's Request for Proposals to Purchase Urban Renewal Parcel 64-1a for a Private
Redevelopment Project (and as more specifically outlined in Exhibit D Minimum
Improvements and Uses), below the amount of $10,527,000 after taking into
consideration any factors such as "roll-backs" which would reduce the taxable value of
the property as of January 1, 2005, and below the amount of $22,265,000 after taking into
consideration any factors such as "roll-backs" which would reduce the taxable value of
the property as of January 1, 2006 and for the Vogel Property below the amount of
$3,000,000 as of January 1, 2003, ("Minimum Actual Value") through:
(i) willful destruction of the Property, the Vogel Property or any part
thereof;
(ii) a request to the City Assessor of Iowa City, Iowa to reduce the
Minimum Actual Value of the Property or the Vogel Property below the amount
noted above;
(iii) an appeal to the board of review of the City of Iowa City or to the
board of review of Johnson County to reduce the Minimum Actual Value of the
Property or the Vogel Property below the amount noted above;
(iv) a petition to the board of review of the State of Iowa or to the
Director of Revenue and Finance of the State of Iowa to reduce the Minimum
Actual Value of the Property or the Vogel Property below the amount noted
above;
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(v) an action in any District Court of the State of Iowa seeking a
reduction in the Minimum Actual Value of the Property or the Vogel Property
below the amount noted above;
(vi) an application to the Director of Revenue and Finance of the State of
Iowa requesting an abatement of real property taxes pursuant to any present or
future statute or ordinance;
(vii) any other proceedings, whether administrative, legal or equitable,
with any administrative body within the City of Iowa City, Johnson County, or the
State of Iowa or within any court of the State of Iowa or the federal government.
The Redeveloper, or owners of condominium units sold, shall not, prior to the
final maturity date of the bonds, notes or other obligations issued by the City to finance
its costs of Contribution to the Project, as outlined in Section 102 of Part II hereof, cause
or voluntarily permit the Property or the Vogel Property to become other than taxable
property (except as permitted herein), to be taxable at an amount less than the Minimum
Actual Value noted above, to be owned by a utility or any other entity of a type where the
assessed value of taxable property of such entity is not treated as located within the
Project Area in its entirety, to be owned by any entity having tax exempt status, or apply
for a deferral of property tax on the Property or the Vogel Property pursuant to any
present or future statute or ordinance. Nothing contained herein is intended to, and shall
not be construed to, in any way limit Redeveloper's right to sell condominium units in
the Project or the Vogel Property at any time subject to the terms of this Agreement and
the applicable Minimum Assessment Agreement.
The Redeveloper, owners of the Vogel property, and owners of condominium
units sold, agree that they are bound by the applicable Minimum Assessment Agreement
attached as Exhibit H, fixing the Minimum Actual Value of the Project and the Vogel
Property as approved by the Assessor and the City as set forth herein.
The Redeveloper recognizes that the grant to the Redeveloper pursuant to
the Agreement is conditional upon sufficient property taxes being generated by this
Project and the Vogel Property to repay the costs of the bonds issued to make such grant.
The City will need property taxes from the Project in the amounts and at the times set
forth in Schedule X orY to the applicable Minimum Assessment Agreement. If for any
reason the property taxes are less than the amount set forth on Schedule X or Y for any
fiscal year, the assessor shall increase the assessed value of the Project and/or Vogel
Property for the next fiscal year in an amount to cover such property tax deficiency.
The Redeveloper contemplates that a portion of the Project will be residential
condominium units which will be subject to the property tax "roll-back" referred to
previously. The Redeveloper agrees that at the time of the execution of the declaration
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required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa
2001 an attachment to the declaration for the units constituting a part of the Project will
be executed by the Redeveloper, the City and the city assessor allocating a portion of the
Minimum Actual Value to each unit. For the Vogel Property such allocation shall be
made and agreed upon prior to July 31, 2002.
The Redeveloper agrees that the difference between the Minimum Actual Value
(as adjusted pursuant to paragraph 3 hereof) and the amount allocated to the
residential condominium units (as set forth in paragraph 4 hereof) for the Project
and the Vogel Property will be allocated to the remainder of the Project and the
Vogel Property respectively.
The Minimum Actual Value herein established shall be of no further force and
effect and the Minimum Assessment Agreements shall terminate twenty years from the
issuance of the bonds or when the bonds are paid off, whichever is earlier. If prior to the
expiration of the Minimum Assessment Agreement for the Project, the combined
property tax revenue from the Project and the Vogel Property exceeds the amount of cash
necessary to cover the cost of the bonds as set forth on the schedules attached to the
Minimum Assessment Agreements for the Project and the Vogel Property, then the
Redeveloper may take advantage of any roll-backs in valuation attributable to the Vogel
Property and the Project to the extent of the excess property tax revenue attributable to
the Project and the Vogel Property. If prior to the expiration of the Minimum
Assessment Agreement for the Project, the combined property tax revenue from the
Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of
the bonds as set forth on the schedules attached to the Minimum Assessment Agreements
for the Project and the Vogel Property, then the Redeveloper may seek a reduction in the
assessed value of the Project and the Vogel Property to the extent of the excess property
tax attributable to the Project and the Vogel Property.
Nothing herein shall be deemed to waive the Redeveloper's rights or owner's
rights of condominium units sold, under Iowa Code section 403.6(19) (2001), as
amended, to contest that portion of any actual value assignment made by the Assessor in
excess of the Minimum Actual Value established herein, or to seek an exemption from
taxation for that portion of the Property or the Vogel Property upon which the facility is
constructed, but only if the Minimum Actual Value of the Property or the Vogel Property
established herein, including any such portion, is not affected in any way, reduced in any
amount or sought to be reduced as a result of any such action.
The Minimum Assessment Agreement shall be certified by the Assessor for the
City as provided in Iowa Code Section 403.6(19) and shall be filed for record in the
office of the County Recorder of the County, and such filing shall constitute notice to any
subsequent encumbrancer or purchaser of the Property on the Vogel Property (or part
thereof), whether voluntary or involuntary, and such Minimum Assessment Agreement
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shall be binding and enforceable in its entirety against any such subsequent purchaser or
encumbrancer, including the holder of any First Mortgage.
If, for any reason, the Minimum Assessment Agreement is held to be invalid or
unenforceable for any mason whether in whole or in part and the property tax revenue
generated by the Project and the Vogel Property is insufficient to pay the cost of the
bonds as they become due, the Redeveloper agrees to make a contractual payment to the
City in the amount of the difference between the amount of the property tax revenue and
such cost of the bonds.
Section 9 Notices and Demands
A notice, demand or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or
certified mail, postage prepaid, return receipt requested, or delivered personally, and
(a) In the case of the Redeveloper, is addressed or delivered personally
to the Redeveloper at Moen Law Offices, 123 N. Linn St., Suite 300, Iowa City,
Iowa 52245, Atto: Marc Moen; and
(b) In the case of the City, is addressed to or delivered personally to the
City Manager at the Civic Center (City Hall), 410 E. Washington St, Iowa City,
Iowa, 52240, or at such other address with respect to either party as that party may
from time to time designate in writing and forward to the other as provided in this
Section.
Section 10. Counterparts.
The Agreement may be executed in multiple counterparts, each of which shall
constitute one and the same instrument.
PART II
ARTICLE I. CITY CONTRIBUTION TO PROJECT
Section 101. Assembly. The City has assembled the Property for redevelopment
by the Redeveloper in accordance with the Urban Renewal Plan and this Agreement.
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Section 102. Further Contribution by City. In addition to the activities outlined in
Section 101 above, the City further agrees to the following contributions in connection
with the Project:
(a) Subject to authorization required by state and federal law, the City agrees to
sell not less than $6,000,000 general obligation or urban renewal tax
increment revenue bonds or notes ("Bonds") with a 20 year repayment
schedule to fund a construction grant to the Redeveloper and to finance the
Project as outlined below provided, however, that the City may, in its sole
discretion, fund such grant in whole or in part through any other means
available to the City other than the sale of bonds.
(b) Subject to authorization and sale of Bonds as set forth above, the City will
make a construction grant for the use by the Redeveloper in the amount of
$6,000,000. The grant funds shall be released to the Redeveloper on a pro
rata basis with the proceeds of the construction loan for progress payments
to the contractor based on Applications for Payment submitted to the
Architect by the Contractor at such time as Certificates of Payment are
issued by the Architect and in the amounts so certified.
(c) The City shall pay all reasonable costs associated with a site survey of the
Property.
(d) The City shall provide a Phase I environmental report indicating that the
Property has no contamination requiring remediation under existing federal
and state environmental standards. If, however, any contamination is
discovered which would require remediation under current standards, the
provisions of Section 702 and 703 shall apply.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
Section 201. Right of Entry for Utility Service. The City reserves for itself, and
any public utility company, as may be appropriate, the unqualified right to enter upon the
Property at all reasonable times for the purpose of reconstructing, maintaining, repairing,
or servicing the following public utilities located within the Property boundary lines:
a. storm sewer;
b. water; and
c. electricity.
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The City shall, within 60 days of the date this Agreement is signed, provide
Redeveloper with the location and description of all such utilities. If the location of any
utility prevents, or makes impracticable, the placement of the contemplated building on
the lot, the Redeveloper may terminate this Agreement.
Section 202. Redeveloper Not To Construct Over Utility Easements. The
Redeveloper shall not construct any building or other structure or improvement on, over,
or within the boundary lines of any easement for public utilities unless such construction
is provided for in such easement or has been approved by the City. If approval for such
construction is requested by the Redeveloper, the City shall use its best efforts to assure
that such approval shall not be withheld unreasonably. If relocation of such utilities is
reasonable, Redeveloper shall pay all costs of such relocation.
The City shall, within 60 days of the date this Agreement is signed, provide
Redeveloper with the location and description of all such easements. If the location of
any easement prevents, or makes impracticable, the placement of the contemplated
building on the lot, the Redeveloper may terminate this Agreement.
Section 203. Access to Property. Prior to the conveyance of the Property by the
City to the Redeveloper, the City shall permit representatives of the Redeveloper to have
access to any part of the Property as to which the City holds title, at all reasonable times
for the purpose of obtaining data and making various tests concerning the Property
necessary to carry out this Agreement. After the conveyance of the Property by the City
to the Redeveloper, the Redeveloper shall permit the representatives of the City access to
the Property at all reasonable times which it deems necessary for the purposes of this
Agreement including, but not limited to, inspection of all work being performed in
connection with the construction of the Minimum Improvements. No compensation shall
be payable nor shall any charge be made in any form by any party for the access provided
for in this Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
Section 301. Plans for Construction of Improvements. Plans and specifications
with respect to the redevelopment of the Property and the construction of certain
improvements thereon, to consist of a multi-use structure generally consistent with the
redevelopment proposal shown on Exhibit "C" as submitted by the Redeveloper on
August 3, 2001 in response to the City's Request for Proposals to Purchase Urban
Renewal Parcel 64-1a for a Private Redevelopment Project and the "Minimum
Improvements" shown on Exhibit D and as outlined in Section 1, Part I above,
(hereinafter "Minimum Improvements"), shall be in conformity with the Urban Renewal
Plan and this Agreement, and all applicable Federal, State and local laws and regulations.
As promptly as possible after the date of this Agreement, and, in any event, no later than
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the time specified therefore in Paragraph (a), Section 6 of Part I hereof, the Redeveloper
shall submit to the City, for approval by the City Departments of Planning, Public Works
and Housing and Inspection Services, or their designee(s), plans, drawings,
specifications, and related documents, and the proposed construction schedule (which
plans, drawings, specifications, related documents, and progress schedule, together with
any and all changes therein that may thereafter be made and submitted to the City as
herein provided, are, except as otherwise clearly indicated by the context, hereinafter
collectively called "Construction Plans" with respect to the "Minimum Improvements" to
be constructed for the development by the Redeveloper on the Property), in sufficient
completeness and detail to show that such "Minimum Improvements" and construction
thereof will be in accordance with the provisions of the Urban Renewal Plan, this
Agreement, and all applicable codes. The City shall, if the Construction Plans conform
to the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes,
approve in writing such Construction Plans and no further filing by the Redeveloper or
approval by the City thereof shall be required except with respect to any material change.
The City will also then at that time, upon appropriate showing of compliance with the
requirements of the previous sentence, issue the appropriate building permit(s). Failure
by the City to identify a code deficiency during plan review does not, however, relieve
the Redeveloper from any obligation to comply with all applicable code provisions. Such
Construction Plans shall, in any event, be deemed approved unless rejection thereof in
writing by the City, in whole or in part, setting forth in detail the reasons therefore, shall
be made within thirty (30) calendar days after the date of their receipt by the City (and
within fourteen (14) calendar days in the event of subsequent changes/resubmissions of
said plans). If the City so rejects the Construction Plans in whole or in part as not being
in conformity with the Urban Renewal Plan, this Agreement, or all applicable codes, the
Redeveloper shall submit new or corrected Construction Plans which are in conformity
with the Urban Renewal Plan, this Agreement, and all applicable codes within the time
specified therefore in Paragraph (b), Section 6 of Part I hereof, after written notification
to the Redeveloper of the rejection. The provisions of this Section relating to approval,
rejection, and resubmission of corrected Construction Plans herein above provided with
respect to the Construction Plans shall continue to apply until the Construction Plans
have been approved by the City: Provided, that in any event the Redeveloper shall submit
Construction Plans which are in conformity with the requirements of the Urban Renewal
Plan for the Project, this Agreement and all applicable codes, as determined by the City,
no later than the time specified therefore in Paragraph (c), Section 6 of Part I hereof. All
work with respect to the "Minimum Improvements" to be constructed or provided by the
Redeveloper on the Property shall be in conformity with the Construction Plans as
approved by the City. The term "Minimum Improvements", as used in this Agreement,
shall be deemed to have reference to the "Minimum Improvements" as provided and
specified in the Construction Plans as so approved and incorporated herein by Exhibit D.
The City shall certify compliance at each stage of construction that the
project is in compliance with the Urban Renewal Plan. Once certified, the City shall hold
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Redeveloper harmless from any variance from the Urban Renewal Plan and shall
constitute a waiver of any such variance.
Section 302. Changes in Construction Plans. If the Redeveloper desires to make
any substantial change in the Construction Plans after their approval by the City, the
Redeveloper shall submit the proposed change to the City for its approval. If the
Construction Plans, as modified by the proposed change, conform to the requirements of
Section 301 hereof with respect to such previously approved Construction Plans, the City
shall approve the proposed change and notify the Redeveloper in writing of its approval.
Such change in the Construction Plans shall, in any event, be deemed approved by the
City unless rejection thereof, in whole or in part, by written notice thereof by the City to
the Redeveloper, setting forth in detail the reasons therefore, shall be made within the
period specified therefore in Paragraph (d), Section 6 of Part I hereof.
Section 303. Evidence of Equity Capital and Mortgage Financing. As promptly
as possible and, in any event, no later than the time specified therefore in Paragraph (e),
Section 6 of Part I hereof, the Redeveloper shall submit to the City evidence satisfactory
to the City that the Redeveloper has the financial ability to construct the "Minimum
Improvements".
Section 304. Commencement and Completion of Construction of "Minimum
Improvements". The Redeveloper agrees for itself, its successors and assigns, and every
successor in interest to the Property, or any part thereof, and each Deed or other
conveyance shall contain covenants on the part of the Redeveloper for itself and such
successors and assigns, that the Redeveloper, and such successors and assigns, shall
promptly begin and diligently prosecute to completion the redevelopment of the Property
through the construction of the "Minimum Improvements" thereon, and that such
construction shall in any event begin within the period specified in Section 5 of Part I
hereof and be completed within the period specified in such Section 5. It is intended and
agreed, and each Deed or other conveyance shall so expressly provide, that the
Construction of the Minimum Improvements shall be covenants running with the land
and they shall, in any event, and without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically provided in this Agreement
itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the
community and the City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any part thereof or any interest therein.
Section 305. Notice of Delays. Subsequent to conveyance of the Property, or any
part thereof, to the Redeveloper, and until construction of the "Minimum Improvements"
has been completed, the Redeveloper shall give prompt notice in writing to the City of
any adverse development which would materially affect or delay the completion of such
construction. Upon such notification and agreement by the City the completion date will
be extended accordingly.
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Section 306. Certificate of Completion.
(a) Promptly after completion of the "Minimum Improvements" in accordance
with those provisions of this Agreement relating solely to the obligations of
the Redeveloper to construct the "Minimum Improvements" (including the
dates for beginning and completion thereof), the City will furnish the
Redeveloper with an appropriate instrument so certifying. Such
certification by the City shall be (and it shall be so provided in the Deed
and in the certification itself) a conclusive determination of satisfaction and
termination of the agreements and covenants in this Agreement and in the
Deed with respect to the obligations of the Redeveloper, and its successors
and assigns, to construct the "Minimum Improvements" and the dates for
the beginning and completion thereof. Such certification and such
determination shall not constitute evidence of compliance with or
satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of a mortgage, securing money loaned to finance
the "Minimum Improvements", or any part thereof.
(b) The certification provided for in this Section 306 shall be in such form as
will enable it to be recorded in the proper office for the recordation of deeds
and other instruments pertaining to the Property, including the Deed. If the
City shall refuse or fail to provide any certification in accordance with the
provisions of this Section, the City shall, within thirty (30) calendar days
after written request by the Redeveloper, provide the Redeveloper with a
written statement, indicating in adequate detail in what respects the
Redeveloper has failed to complete the "Minimum Improvements" in
accordance with the provisions of this Agreement, or is otherwise in
default, and what measures or acts will be necessary, in the opinion of the
City, for the Redeveloper to take or perform in order to obtain such
certification.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
Section401. Restrictions on Use. The Redeveloper agrees for itself, and its
successors and assigns, and every successor in interest to the Property, or any part
thereof, and each Deed or other conveyance shall contain covenants on the part of the
Redeveloper for itself, and such successors and assigns, that the Redeveloper and such
successors and assigns, shall:
(a) Use its best efforts to devote the Property to, and only to and in accordance
with, the uses specified in the Urban Renewal Plan and the uses specified in
Section 1, Part I of the Agreement, including Exhibits "C" and "D"; and
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(b) Not discriminate upon the basis of age, race, creed, color, disability, gender
identity, marital status, sex, sexual orientation, religion or national origin in
the sale, lease, or rental or in the use or occupancy of the Property or any
"Minimum Improvements" erected or to be erected thereon, or any part
thereof.
Section 402. Covenants; Binding Upon Successors in Interest; Period of Duration.
It is intended and agreed, and each Deed or other conveyance shall so expressly provide,
that the agreements and covenants provided in Section 401 hereof shall be covenants
running with the land and that they shall, in any event, and without regard to technical
classification or designation, legal or otherwise, and except only as otherwise specifically
provided in this Agreement, be binding, to the fullest extent permitted by law and equity,
for the benefit and in favor of, and enforceable by, the City, its successors and assigns,
the City and any successor in interest to the Property, or any part thereof, against the
Redeveloper, its successors and assigns and every successor in interest to the Property, or
any part thereof or any interest therein, and any party in possession or occupancy of the
Property or any part thereof. It is further intended and agreed that the agreements and
covenants provided in subdivision (a) and (b) of Section 401 hereof shall remain in effect
until January 1, 2023: Provided, That such agreements and covenants shall be binding on
the Redeveloper itself, each successor in interest to the Property, and every part thereof,
and each party in possession or occupancy, respectively, only for such period as such
successor or party shall have title to, or an interest in, or possession or occupancy of, the
Property or any part thereof. The terms "uses specified in the Urban Renewal Plan" and
"land use" referring to the provisions of the Urban Renewal Plan, or similar language, in
this Agreement shall include the land and all building, housing, and other requirements or
restrictions of the Urban Renewal Plan pertaining to such land.
Section 403. City Rights To Enforce. In amplification, and not in restriction of, the
provisions of the preceding Section, it is intended and agreed that the City and its
successors and assigns shall be deemed beneficiaries of the agreements and covenants
provided in Section 401 hereof, both for and in its own right and also for the purposes of
protecting the interests of the community and other parties, public or private, in whose
favor or for whose benefit such agreements and covenants have been provided. Such
agreements and covenants shall (and each Deed shall so state) run in favor of the City,
until January 1, 2023, during which time such agreements and covenants shall be in force
and effect, without regard to whether the City has at any time been, remains, or is an
owner of any land or interest therein to or in favor of which such agreements and
covenants relate. The City shall have the right, in the event of any breach of any such
agreement or covenant, to exercise all the rights and remedies, and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of
such breach of agreement or covenant, to which it or any other beneficiaries of such
agreement or covenant may be entitled, and shall be entitled to recover, in addition to its
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court costs, a reasonable attomey's fee to be fixed by the court, and such recovery shall
include court costs and attorney's fees on appeal, if any.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Section 501. Representation as to Redevelopment. The Redeveloper represents
and agrees that its purchase of the Property, and its other undertakings pursuant to this
Agreement, are and will be used for the purpose of redevelopment of the Property and not
for speculation in land holding. The Redeveloper further recognizes:
(a) the importance of the redevelopment of the Property to the general welfare
of the community;
(b) the substantial financing and other public aids that have been made
available by law and by the City for the purpose of making such
redevelopment possible; and
(c) the fact that any act or transaction involving or resulting in a significant
change in the ownership or with respect to the identity of the parties in
control of the Redeveloper or the degree thereof, is for practical purposes a
transfer or disposition of the Property then owned by the Redeveloper, and
that the qualifications and identity of the Redeveloper are of particular
concern to the community and the City. The Redeveloper recognizes that it
is because of such qualifications and identity that the City is entering into
this Agreement with the Redeveloper.
Section 502. Prohibition Against Transfer of Property and Assignment of
Agreement. For the foregoing reasons the Redeveloper represents and agrees for itself,
and its successors and assigns, that:
(a) the Redeveloper (except as so authorized) has not made or created, and that
it will not, before completion of the Minimum Improvements and receipt of
a Certificate of Completion pursuant to Section 306, make or create, or
suffer to be made or created, any total or partial sale, assignment,
conveyance, or lease, or any trust or power, or transfer in any other mode or
form of or with respect to this Agreement or the Property, or any part
thereof or any interest therein, or any contract or agreement to do any of the
same, without the prior written approval of the City.
(b) Notwithstanding the restrictions set forth in subparagraph (a) of this Section
502, the Redeveloper may:
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1. Make such transfer or assignment only by way of security for, and only
for, the purpose of obtaining financing necessary to enable the
Redeveloper or any successor in interest to the Property, or any part
thereof, to perform its obligations with respect to constructing the
"Minimum Improvements" under this Agreement.
2. Lease space in the ordinary course of business for the purposes set forth
in Exhibits C and D.
3. Sell condominium units in the Project at any time subject to the terms of
the Minimum Assessment Agreement.
(c) The City shall be entitled to require, except for such transfers, assignments,
leases, conveyances, or sales provided in subsection (b) of Section 502, as
conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and financial
responsibility, as determined by the City, necessary and adequate to
fulfill the obligations undertaken in this Agreement by the
Redeveloper (or, in the event the transfer is of or relates to part of
the Property, such obligations to the extent that they relate to such
part).
(2) Any proposed transferee, by instrument in writing satisfactory to the
City and in form recordable among the land records, shall, for itself
and its successors and assigns, and expressly for the benefit of the
City, have expressly assumed all of the obligations of the
Redeveloper under this Agreement and agreed to be subject to all the
conditions and restrictions to which the Redeveloper is subject (or,
in the event the transfer is of or relates to part of the Property, such
obligations, conditions, and restrictions to the extent that they relate
to such part), Provided, That the fact that any transferee of, or any
other successor in interest whatsoever to, the Property, or any part
thereof, shall, whatever the reason, not have assumed such
obligations or so agreed, shall not (unless and only to the extent
otherwise specifically provided in this Agreement or agreed to in
writing by the City) relieve or except such transferee or successor of
or from such obligations, conditions, or restrictions, or deprive or
limit the City of or with respect to any rights or remedies or controls
with respect to the Property or the construction of the "Minimum
Improvements"; it being the intent of this, together with other
provisions of this Agreement, that (to the fullest extent permitted by
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law and equity and excepting only in the manner and to the extent
specifically provided otherwise in this Agreement) no transfer of or
change with respect to ownership in the Property or any part thereof,
or any interest therein, however consummated or occurring, and
whether voluntary or involuntary, shall operate, legally or
practically, to deprive or limit the City of or with respect to any
rights or remedies or controls provided in or resulting from this
Agreement with respect to the Property and the construction of the
"Minimum Improvements" that the City would have had, had there
been no such transfer or change.
(3) There shall be submitted to the City for review all instruments and
other legal documents involved in effecting transfer; and if approved
by the City, its approval shall be indicated to the Redeveloper in
writing.
(4) The consideration payable for the transfer by the transferee or on its
behalf shall not exceed an amount representing the actual cost
(including carrying charges) to the Redeveloper of the Property (or
allocable to the part thereof or interest therein transferred) and the
"Minimum Improvements", if any, theretofore made thereon by it; it
being the intent of this provision to preclude assignment of this
Agreement or transfer of the Property (or any parts thereof) for profit
prior to the completion of the "Minimum Improvements" and to
provide that in the event any such assignment or transfer is made
(and is not cancelled), the City shall be entitled to increase the
Purchase Price to the Redeveloper by the amount that the
consideration payable for the assignment or transfer is in excess of
the amount that may be authorized pursuant to this subdivision (4),
and such consideration shall, to the extent it is in excess of the
amount so authorized, belong to and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such other
conditions as the City may find desirable in order to achieve and
safeguard the purposes of the Urban Renewal Act and the Urban
Renewal Plan.
Providec[, That in the absence of a specific written agreement by the City to the
contrary, no such transfer or approval by the City thereof shall be deemed to relieve the
Redeveloper, or any other party bound in any way by this Agreement or otherwise, of its
obligations with respect to the construction of the "Minimum Improvements", or from
any of its other obligations under this Agreement.
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Section 503. Information as to Parties in Control. In order to assist in the
effectuation of the purposes of this Article V and the statutory objectives generally, the
Redeveloper agrees that during the period between execution of this Agreement and
completion of the "Minimum Improvements" as certified by the City, the Redeveloper
will promptly notify the City of any and all changes whatsoever with respect to the
identity of the parties in control of the Redeveloper or, the degree thereof, of which it or
any of its officers or members have been notified or otherwise have knowledge or
information.
Section 504. Status of Redeveloper; Transfer of Substantially All Assets.
As security for the obligations of the Redeveloper under this Agreement, the
Redeveloper represents and agrees that prior to January 1, 2011, the Redeveloper will
maintain its existence as a limited liability company and will not wind up or otherwise
dispose of all or substantially all of its assets or assign its interest in this Agreement to
any other party; provided that the Redeveloper may sell or otherwise transfer to a
partnership, corporation or limited liability company organized under the laws of one of
the United States, or an individual, all or substantially all of its assets as an entirety or
assign its interest in this Agreement to any other party and thereafter wind up and be
discharged from liability hereunder if (i) the transferee partnership, corporation, limited
liability company or individual assumes in writing all of the obligations of the
Redeveloper under this Agreement and the Minimum Assessment Agreement; and (ii) the
City receives such new security from the successor Redeveloper to assure completion and
operation of the "Minimum Improvements" during the term of this Agreement as the City
deems necessary or desirable and receives such evidence as the City shall reasonably
require, including an opinion of counsel, that the existing performance and payment
bonds and security provided pursuant to this Agreement will remain in effect and will be
enforceable against the existing Redeveloper and issuer of such bonds upon a default by
the successor Redeveloper with respect to completion or operation of the "Minimum
Improvements".
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
Section 601. Limitation Upon Encumbrance of Property. Prior to the completion
of the "Minimum Improvements", as certified by the City, neither the Redeveloper nor
any successor in interest to the Property or any part thereof shall engage in any financing
or any other transaction creating any mortgage or other encumbrance or lien upon the
Property, whether by express agreement or operation of law, or suffer any encumbrance
or lien to be made on or attach to the Property, except for the purposes of obtaining (a)
funds only to the extent necessary for making the "Minimum Improvements", including
but not limited to engineering, development, legal and related Project costs (including
costs of interior improvements, furnishings and fixtures), and (b) such additional funds, if
any, in an amount not to exceed the sum of the Purchase Price paid by the Redeveloper to
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the City. The Redeveloper (or successor in interest) shall notify the City in advance of
any financing, secured by mortgage or other similar lien instrument, it proposes to enter
into with respect to the Property, or any part thereof, and in any event it shall promptly
notify the City of any encumbrance or lien that has been created on or attached to the
Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of
such mortgage financing as may be made pursuant to this Agreement, the Property may,
at the option of the Redeveloper (or successor in interest), be divided into several parts or
parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with
the purposes of the Official Urban Renewal Plan and this Agreement and is approved in
writing by the City. Nothing herein is intended to, and should not be construed to, in any
way limit Redeveloper from selling condominium units in the Project at any time or limit
purchasers from placing mortgages on the condominium units subject to the terms of this
Agreement and the Minimum Assessment Agreement.
Section 602. Mortgage Holder Not obligated To Construct. Notwithstanding any
of the provisions of this Agreement, including but not limited to those which are or are
intended to be covenants running with the land, the holder of any mortgage authorized by
this Agreement (including any such holder who obtains title to the Property or any part
thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including
(a) any other party who thereafter obtains title to the Property or such part from or
through such holder or (b) any other purchaser at foreclosure sale other than the holder of
the mortgage itself ) shall not be obligated by the provisions of this Agreement to
construct or complete the "Minimum Improvements" or to guarantee such construction or
completion; nor shall any covenant or any other provision in the Deed be construed to so
obligate such holder Provided, That nothing in this Section or any other Section or
provision of this Agreement shall be deemed or construed to permit or authorize any such
holder to devote the Property or any part thereof to any uses, or to construct any
"Minimum Improvements" thereon, other than those uses or improvements provided or
permitted in the Urban Renewal Plan and in this Agreement.
Section 603. Copy of Notice of Default to Mortgagee. Whenever the City shall
deliver any notice or demand to the Redeveloper with respect to any breach or default by
the Redeveloper in its obligations or covenants under this Agreement, the City shall at the
same time forward a copy of such notice or demand to each holder of any mortgage
authorized by this Agreement at the last address of such holder shown in the records of
the City.
Section 604. Mortgagee's Option To Cure Defaults. After any breach or default
referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City
are concerned) have the right, at its option, to cure or remedy such breach or default (or
such breach or default to the extent that it relates to the part of the Property covered by its
mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage
Provided, That if the breach or default is with respect to construction of the "Minimum
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Improvements", nothing contained in this Section or any other Section of this Agreement
shall be deemed to permit or authorize such holder, either before or after foreclosure or
action in lieu thereof, to undertake or continue the constmction or completion of the
"Minimum Improvements" (beyond the extent necessary to conserve or protect
"Minimum Improvements" or construction already made) without first having expressly
assumed the obligation to the City, by written agreement satisfactory to the City, to
complete, in the manner provided in this Agreement, the "Minimum Improvements" on
the Property or the part thereof to which the lien or title of such holder relates. Any such
holder who shall properly complete the "Minimum Improvements" relating to the
Property or applicable part thereof shall be entitled, upon written request made to the
City, to a certification or certifications by the City to such effect in the manner provided
in Section 306 of this Agreement
Section 605. City's Option To Pay Mortgage Debt or Purchase Property. In any
case, where, subsequent to default or breach by the Redeveloper (or successor in interest)
under this Agreement, the holder of any mortgage on the Property or part thereof:
(a) has, but does not exercise, the option to construct or complete the
"Minimum Improvements" relating to the Property or part thereof covered
by its mortgage or to which it has obtained title, and such failure continues
for a period of sixty (60) days after the holder has been notified or informed
of the default or breach; or
(b) undertakes construction or completion of the "Minimum Improvements"
but does not complete such construction within the period as agreed upon
by the City and such holder (which period shall in any event be at least as
long as the period prescribed for such construction or completion in this
Agreement), and such default shall not have been cured within sixty (60)
days after written demand by the City so to do,
the City shall (and every mortgage instrument made prior to completion of the
"Minimum Improvements" with respect to the Property or any part thereof by the
Redeveloper or successor in interest shall so provide) have the option of paying to the
holder the amount of the mortgage debt and securing an assignment of the mortgage and
the debt secured thereby, or, in the event ownership of the Property (or part thereof) has
vested in such holder by way of foreclosure or action in lieu thereof, the City shall be
entitled, at its option, to receive conveyance of title to the Property or part thereof (as the
case may be) upon payment to such holder of an amount equal to the sum total off (i) the
mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate
credits, including those resulting from collection and application of rentals and other
income received during foreclosure proceedings); (ii) all expenses with respect to the
foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such
holder in and as a direct result of the subsequent management of the Property; (iv) the
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costs of any "Minimum Improvements" made by such holder; and (v) an amount
equivalent to the interest that would have accrued on the aggregate of such amounts had
all such amounts become part of the mortgage debt and such debt had continued in
existence.
Section 606. City's Option To Cure Mortgage Default. In the event of a default or
breach prior to the completion of the "Minimum Improvements" by the Redeveloper, or
any successor in interest, in or of any of its obligations under, and to the holder of, any
mortgage or other instrument creating an encumbrance or lien upon the Property or part
thereof, the City may at its option cure such default or breach, in which case the City
shall be entitled, in addition to and without limitation upon any other fights or remedies
to which it shall be entitled by this Agreement, operation of law, or otherwise, to
reimbursement from the Redeveloper or successor in interest of all costs and expenses
incurred by the City including reasonable attorney's fees in curing such default or breach
and to a lien upon the Property (or' the part thereof to which the mortgage, encumbrance,
or lien relates) for such reimbursement: Provided, That any such lien shall be subject
always to the lien of (including any lien contemplated, because of advances yet to be
made, by) any then existing mortgages on the Property authorized by this Agreement.
Section 607. Mortgage and Holder. For the purposes of this Agreement: The term
"mortgage" shall include a deed of trust or other instrument creating an encumbrance or
lien upon the Property, or any part thereof, as security for a loan. The term "holder" in
reference to a mortgage shall include a deed of trust.
Section 608. Subordination and Modification for the Benefit of Mortgagees.
(a) In order to facilitate the obtaining of financing for the construction of the
"Minimum Improvements" by the Redeveloper, the City agrees to subordinate its rights
under the Deed and this Agreement to the holder of the First Mortgage for the purposes
described in Section 601 (a) of this Agreement, but only provided that the First Mortgage
or a subordination agreement provides that if the holder of the First Mortgage shall
foreclose on the Development Property, the improvements thereon, or any portion
thereof, or accept a deed to the Development Property in lieu of foreclosure, it shall
consent to the Assessor's Minimum Market Value set forth in the Minimum Assessment
Agreement.
(b) In order to facilitate the obtaining of financing for the construction of the
"Minimum Improvements", the City agrees that it shall agree to any reasonable
modification of this Article VI or waiver of its rights hereunder to accommodate the
interests of the holder of the First Mortgage, provided, however, that the City determines,
in its reasonable judgment, that any such modification(s) will adequately protect the
legitimate interests and security of the City with respect to the Project and the Urban
Renewal Plan. The City also agrees to consider such modification(s) of this Article VI
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with respect to other holders, and to agree to such modifications if the City deems such
modification(s) necessary and reasonable.
ARTICLE VII. REMEDIES
Section 701. In General. Except as otherwise provided in this Agreement, in the
event of any default or breach of this Agreement, or any of its terms or conditions, by
either party herein, or any successor to such party, such party (or successor) shall, upon
written notice from the other, proceed immediately to commence to cure or remedy such
default or breach and shall complete such cure or remedy, within ninety (90) days after
receipt of such notice. In case such action is not taken or not diligently pursued, or the
default or breach and shall complete such cure or remedy shall not be cured or remedied
within a reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure and remedy such default or breach, including,
but not limited to, proceedings to compel specific performance by the party in default or
breach of its obligations.
Section 702. Termination by Redeveloper Prior to Conveyance. In the event that
Redeveloper is in compliance with all of the terms of this Agreement and the City does
not tender conveyance of the Property, or possession thereof, in the manner and
condition, and by the date, provided in this Agreement, and any such failure shall not be
cured within thirty (30) days after the date of written demand by the Redeveloper then
this Agreement shall, at the option of the Redeveloper, be terminated by written notice
thereof to the City, and in the event Redeveloper elects to exercise its option to terminate
neither the City nor the Redeveloper shall have any further fights against or liability to
the other under this Agreement.
Section 703. Termination by City Prior to Conveyance. In the event that:
(a) prior to conveyance of the Property to the Redeveloper, the presence of
hazardous waste or substances (as defined under federal law) on the
Property becomes known to the parties hereto, and the City has informed
the Redeveloper in writing on or before the Closing Date that the condition
of the Property is, as a result of such environmental factors, not satisfactory
for construction of the "Minimum Improvements"; or
(b) prior to conveyance of the Property to the Redeveloper and in violation of
this Agreement
(i) the Redeveloper (or any successor in interest) assigns or attempts to
assign this Agreement or any rights therein, or in the Property in
violation of Article V hereof, or
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(ii) there is any material change with respect to the identity of the parties
in control of the Redeveloper or the degree thereof in violation of
Article V hereof; or
(c) the Redeveloper does not submit Construction Plans, as required by this
Agreement, or (except as excused under Section 702 hereof) evidence that
it has the necessary financial ability and commitments for construction and
mortgage financing, in satisfactory form and in the manner and by the dates
respectively provided in this Agreement therefore, or otherwise fails to
satisfy any of the conditions precedent to conveyance of the Property set
forth in Section 7; or
(d) the Redeveloper does not pay the Purchase Price and take title to the
Property upon tender of conveyance by the City pursuant to this
Agreement, and if any default or failure referred to in subdivisions (b) and
(c) of this Section 703 shall not be cured within thirty (30) days after the
date of written demand by the City;
then this Agreement, and any rights of the Redeveloper, or any assignee or
transferee, in this Agreement, or arising therefrom with respect to the City
or the Property, shall, at the option of the City, be terminated by the City, in
which event, neither the Redeveloper (or assignee or transferee) nor the
City shall have any further rights against or liability to the other under this
Agreement.
Section 704. Other Rights and Remedies of City; No Waiver by Delay. The City
shall have the right to institute such actions or proceedings as may be necessary to
enforce the Redeveloper's covenants and obligations under this Agreement and to seek
damages caused by a breach or default by the Redeveloper, including but not limited to
the cost of site acquisition survey, environmental testing and improvement costs and any
bonding costs associated with these expenses. The City may also institute such actions or
proceedings it may deem desirable for effectuating the purposes of this Article VII,
provided that any delay by the City in instituting or prosecuting any such actions or
proceedings or otherwise asserting its rights under this Article VII shall not operate as a
waiver of such rights or to deprive it of or limit such rights in any way (it being the intent
of this provision that the City should not be constrained (so as to avoid the risk of being
deprived of or limited in the exercise of the remedy provided in this Section because of
concepts of waiver, laches, or otherwise) to exercise such remedy at a time when it may
still hope otherwise to resolve the problems created by the default involved); nor shall
any waiver Jn fact made by the City with respect to any specific default by the
Redeveloper under this Section be considered or treated as a waiver of the rights of the
City with respect to any other defaults by the Redeveloper under this Section or with
respect to the particular default except to the extent specifically waived in writing.
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Section 705. Liquidated Damages. The grant to the Redeveloper under Section
102(a) hereof is expressly conditional upon the Property being built for the purposes set
forth in Exhibit C -Redeveloper's Proposal and Exhibit D - Minimum Improvements and
Uses. Redeveloper agrees to use best efforts to establish a viable grocery store. Best
efforts requires that the space be built out as a functioning grocery store pursuant to
Exhibit C and the Construction Plans. If Redeveloper fails to use best efforts, the
Redeveloper agrees to refund to the City Five Hundred Thousand Dollars ($500,000) as
liquidated damages. Additionally, Redeveloper agrees to use best efforts to establish a
viable hotel. Best efforts requires that the space be built out as a functioning hotel
pursuant to Exhibit C and the Construction Plans. If Redeveloper fails to use best efforts,
the Redeveloper agrees to refund to the City Five Hundred Thousand Dollars ($500,000)
as liquidated damages. The total potential liability to the Redeveloper for
non-compliance with such agreement to use best efforts is, therefore, One Million
Dollars ($1,000,000). The City and Redeveloper agree that the foregoing provisions for
liquidated damages are bona fide provisions for such and are not a penalty. The parties
agree that by reason of the City selling the Property in reliance upon the Redeveloper
using the Property for the agreed upon purposes, the City gave up the opportunity to sell
the Property to a different developer at a higher price. If the Redeveloper does not use
best efforts to establish these purposes, the parties agree that the City will have sustained
damages which will be substantial but will not be capable of determination with
mathematical precision. This provision for liquidated and agreed-upon damages .has,
therefore, been incorporated in the Agreement as a provision beneficial to both parties.
Section 706. Enforced Delay in Performance for Causes Beyond Control of Party.
Performance by any party under this Agreement may be subject to unavoidable delays,
outside the control of the party claiming its occurrence, which are the direct result of
strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire
or other casualty to the "Minimum Improvements", litigation commenced by third
parties, or acts of any federal, State or local governmental unit (other than the City)
which directly result in such delays. Such delays shall constitute sufficient legal excuse
for delayed performance under the terms of this Agreement.
Section 707. Rights and Remedies Cumulative. The rights and remedies of the
parties to this Agreement, whether provided by law or by this Agreement, shall be
cumulative, and the exercise by either party of any one or more of such remedies shall
not preclude the exercise by it, at the same or different times, of any other such remedies
for the same default or breach or of any of its remedies for any other default or breach by
the other party. No waiver made by either such party with respect to the performance, or
manner or time thereof, or any obligation of the other party or any condition to its
obligations under this Agreement shall be considered a waiver of any rights of the party
making the waiver with respect to the particular obligation of the other party or condition
to its own obligation beyond those expressly waived in writing and to the extent thereof,
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or a waiver in any respect in regard to any other rights of the party making the waiver or
any other obligations of the other party.
ARTICLE VIII. MISCELLANEOUS
Section 801. Conflict of Interest. Redeveloper agrees that, to its best knowledge
and belief, no member, officer or employee of the City, or its designees or agents, nor any
consultant or member of the governing body of the City, and no other public official of
the City who exercises or has exercised any functions or responsibilities with respect to
the Project during his or her tenure, or who is in a position to participate in a
decision-making process or gain insider information with regard to the Project, shall have
any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with the Project, or in any activity, or benefit
therefrom, which is part of this Project at any time during or after such persons tenure.
Section 802. Non-Discrimination. In carrying out the Project, the Redeveloper
shall not discriminate against any employee or applicant for employment because of race,
creed, color, sex, national origin, gender identity, marital status, sexual orientation,
religion, age or disability. The Redeveloper shall insure that applicants for employment
are granted employment, and the employees are treated during employment, without
regard to their age, race, creed, color, disability, gender identity, marital status, sex,
sexual orientation, religion or national origin.
Section 803. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring title to
the Property or any part thereof from the City to the Redeveloper or any successor in
interest, and any such deed shall not be deemed to affect or impair the provisions and
covenants of this Agreement.
Section 804. Tires of Articles and Sections. Any titles of the several parts,
Articles, and Sections of this Agreement are inserted for convenience of reference only
and shall be disregarded in construing or interpreting any of its provisions.
Section 805. Memorandum of Agreement. The parties agree to execute and
record a Memorandum of Agreement for Private Redevelopment, in substantially the
form attached as Exhibit I, to serve as notice to the public of the existence and provisions
of this Agreement, and the rights and interests held by the City by virtue hereof. The
Redeveloper shall pay all costs of recording.
Section 806. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
31
Section 807. Entire Agreement. This Agreement and the exhibits hereto reflect
the entire agreement between the parties regarding the subject matter hereof, and
supersedes and replaces all prior agreements, negotiations or discussions, whether oral or
written. This Agreement may not be amended except by a subsequent writing signed by
all parties hereto.
32
IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, and the Redeveloper has caused this Agreement to be duly
executed in its name and behalf by its authorized representative, on or as of the day first
above written.
(SEAL) CITY O~...IOWA CITY, IOWA
By:~~~
ATTEST:
Marian K. Karr, City Clerk
ATTEST: ~- ....
By: ~~ /C~7J--4~
Mi6hael Moen, Secretary
TY
By: .............
~. Iv~en
Michael Moen
Monica Moen
33
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this I(,, day of --~u.~.~/ , 20~l, before me a Notary
Public in and for said County, personally appeared Ernest W. Lehman and Marian K.
Karr, to me personally known, who being duly sworn, did say that they are the Mayor
and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation,
created and existing under the laws of the State of Iowa, and that the seal affixed to the
foregoing instrument is the seal of said Municipal Corporation, and that said instrument
was signed and sealed on behalf of said Municipal Corporation by authority and
resolution of its City Council and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
34
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
On this ,~/ day of f~o~ the State ,20~'~, before me, the
undersigned, a Notary Public in and of Iowa, personally appeared Marc B.
Moen, to me personally known, who being by me duly sworn, did say that he is the
President of Plaza Towers, L.L.C., an Iowa limited liability company, executing the
within and foregoing instrument to which this is attached, and that no seal has been
procured by said limited liability company; that said instrument was signed on behalf of
the limited liability company by authority of its members; and that Marc B. Moen as
officer acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the limited liability company, by it and by him voluntarily executed.
~lot~ry-Public in and for the State of Iowa
STATE OF IOWA )
)ss
COUNTY OF POLK )
On this ] ~ q-~ day of ~7~ uox.{> , 20~d~:~ before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael
Moen, to me personally known, who being by me duly sworn, did say that he is the
Secretary of Plaza Towers, L.L.C., an Iowa limited liability company, executing the
within and foregoing instrument to which this is attached, and that no seal has been
procured by said limited liability company; that said instrument was signed on behalf of
the limited liability company by authority of its members; and that Michael Moen as
officer acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the limited liability company, by it and by him voluntarily executed.
,~ ... ,..?k,-~ Notary-Publi~i/n~nd for the State of-Iowa
, C~,~m. Ho.. !60085 t
....-%%,-'
35
STATE OF I0WA )
) SS.
COUNTY OF JOHNSON )
~ day of,~-~ , ,~a~'0.., before me, the undersigned, a
On
this
Notary Public in and for said State, personally appeared Marc Moen, to me know to be
the person named in and who executed the foregoing instrument, and acknowledged that
he executed the same as his voluntary act and deed
Notary Pubhc
STATE OF'i'-'~ )
WP~- ) ss.
COUNTY 0F~tlClS~qglTN' )
On this ['-F+k day of--.Wu~e.~ , &oo,9. , before me, the undersigned, a
Notary Public in and for said State, personally appeared Monica Moen, to me know to be
the person named in and .w.,be,,o,xc~;p. ted the foregoing instrument, and acknowledged that
she
executed
the
same i~_?~o!untai'y,..act and deed ./
~, .~.- · . ..---: j .. ,~.,"-'-'~
~- t . : ' rqotanvrum~c
%?.~_.......- ,x-,~
SZAZ OF OWA
CO~TY OF ~ ) ss.
)
On this /'ov~ day of ~,/~,4t , ~vD/)~, before me, the undersized, a
Notary Public in and for said State, personally appe~ed Michael Moen, to me ~ow to be
the person named in and who executed the foregoing instrument, and ac~owledged ~at
he executed the same as his voluntary act and deed
Notary Pu~
[,%)...
SIGNED EXHIBITS ARE IN
PROJECT FILE
(MICROFILM)
EXHIBIT A
MAP OF URBAN RENEWAL AREA
Addendum No. 2
City-University Project Urban I~enewal Project Area Map
P p
UNrVERSiT¥ Of IOWA
tP
~ Urban renewal area boundary
~ Areal/CentralBu$inessD~strictcore
V///7~ Area 2, Central Business support area ~ ,~
~JJJJ~J~ Area 3, University area
qlXlV
37
EXHIBIT B
LEGAL DESCRIPTION OF URBAN RENEWAL AREA
Addendum No. 1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows:
Beginning at the intersect[on of the centerline of Linn Street and the south righbof-way line of
Cour~ Street; thence in a northerly direction along said centerline to the intersection of said
centerline and the centerline of Washington Street; thence in a westerly direction along the
centerline of Washington Street to the intersection of said centerline and the westerly right-of-
way line of Ciinton Street extended; thence northerly along said right-of-way line extended to
the northerly right-of-way line of Washington Street; thence in a westerly direction to the
northwest corner of Washington Street and Capitol Street; thence in a southerly direction along
the west right-of-way of Capitat Street to the northwest corner of College Street and Capitol
Street; thence in a westerly direction along the north right-of-way of College Street to the east
line of the Cedar Rapids-lo'va City Railway right-of-way; thence in a southerly direction along
the said Railway right-of-way to the intersection of the north Hght-of-way line of Burlington
Street; thence in a westerly direction along the north right-of-way of Burlington Street to the
Iowa River; thence in a southerly direction along the Iowa River to the south right"of-way line of
Court Street as extended to the Iowa River; thence in an easterly direction along said line to the
point of beginning;
AND
Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of
Court Street; thence in a northerly direction along said centerline to the intersect[on of said
centerline and the centerline of Washington Street; thence in a westerly direction along the
centerline of Washington Street to the intersection of said centerline and the westerly right-of-
way line of Clinton Street extended; thence northerly along the westerly right-of-way line of
Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of
iowa Avenue extended; thence easterly along the northerly right-of-way line of iowa Avenue to
the Intersection of said right-of-way line and the easterly right-of-way line of Gilbert Street;
thence southerly along the easterly right-of~way line of Gilbert Street to the intersection of said
right-of-way line and the southerly right-of-way line of Prentiss Street extended; thence westerly
along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way
line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of-
way line of L[nn Street to the intersection of the said right-of-way line and the waterway known
as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston
Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly
right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right-
of-way line of Court Street; thence westerly along said line to the point of beginning.
EXHIBIT C
REDEVELOPER'S PROPOSAL
(attached)
39
The Plaza Towers
A Development Proposal for 64-1A
presented by
Marc Moen, Monica IVioen, and Michael IVloen
to the
City of Towa City
Table of Contents ' '
Page
1. Proposed Development. .............................................................................................. 2-9
2. Site Plan & Floor Pinns .............................................................................................. 10-19
3, Developers' Experience .............................................................................................. 20-24
4. Offer to Purchase Development Rights for Private Development. ........................... 25-30
5. Redevelopers' Statement of Qualifications and Finnncial Responsibility ................ 31-37
6. Redevelopers' Statement For Public Disclosure ....................................................... 38-42
7. FAA Ruling ................................................................................................................ 43
-1-
PROPOSED DEVELOPMENT
DEVELOPMENT PHILOSOPHY AND GOALS
This proposal is submitted by Marc Moen, Monica Moen and Michael Moen ("developer"). We
have invested in commercial real estate in Iowa City for more than 20 years. In the last several years,
we have focused on downtown Iowa City. Our Real Estate holdings in downtown Iowa City are valued
at approximately ten (10) million dollars.
While profitability of a project is essential, it is only one factor that we consider in our
investment decisions. Integrity of the project from the standpoint of design and its long term effect on
downtown Iowa City is critical to us. We have a keen interest in the future of Iowa City and
particularly the central business district. Our focus is on dense vertical development with an eye
toward long term, not short term, gain. An opportunity exists at the 64-1a site to make a major mark on
downtown Iowa City not only for the next few decades, but for the next several generations. The
constmction of a significant structure on this site with its potential for becoming a major center of
downtown activity is an exciting prospect. We propose construction of urban residential condominiums
and luxury apartments above a luxury hotel and commemial uses.
The City Council has made significant investment in the pedestrian mall. The construction of the
public library on the pedestrian mall will be another major improvement to the downtown. The City's
commitment to the downtown is a major factor in our decision to propose an investment of over twenty
(20) million dollars on the 64-1 a site.
Profit motive alone would dictate a development which would be less expensive to build and
more profitable. However, this would bring nothing new to Iowa City. It would be tragic to allow the
last Urban l~enewal parcel to be developed on less than a grand scale.
A. Uses Proposed
Summary_ of the proposed pro_iect
We want this to be a building that compliments its context while providing a new and exciting
creation worthy of this spectacular oppommity presented by the City. We wish to entice the pedestrian
and enliven the street scape. Essential to this is a 'market style' grocery with caf~ and deli functions
serving an outdoor seating area. A grand three level attire across from the entrance to the Library is
open to public pedestrian traffic. From the second level of the atrium, pedestrians can cross the raised
walkway to the second level of the public parking facility. An elevator and stairway provide easy
access from the pedestrian plaza.
The goal of our project is to provide a high profile building with a mix of vibrant commercial
uses, combined with a luxury hotel and upscale housing in the heart of Iowa City. Iowa City is
nationally recognized as a prime retirement community. Development of 64-la affords a great
opportunity to provide quality housing for those choosing to retire here and for anyone who desires an
urban living environment. We have had overwhelming positive feedback from those interested in
urban housing.
The three story commercial base of the building with its masonry and metal cladding draws from
the new design of the Public Library while keeping in scale with the original development of Iowa City.
The close proximity of the two buildings creates an intimate 'gateway' feel as an entrance to the
pedestrian plaza. The towers rising above are forward looking and expressive additions to the skyline
of Iowa City. A hotel occupies levels four through six while levels seven through fourteen house
upscale urban apartments and condominiums. The liberal use of glass on the towers is demanded by
the impressive views it affords. The East Tower steps back twelve feet from College Street above the
commercial base, yet fills out the urban comer at College and Linn Streets. This contrasts the West
Tower which pulls away from the street edge. This serves to maintain light and air into the pedestrian
plaza while preserving the views from the Sheraton Hotel rooms.
Our proposal takes advantage of the maximum allowable height and provides dramatic views
fi-om the living quarters with generous balconies and roof terraces for outdoor living. To this end the
hotel and residential towers are largely glass while the three levels of commercial space, primarily
visible from street level, are more traditional in design to integrate with the surrounding structures and
street scape. The towers are set back so that visually the three levels of commercial space become the
dominant structure from street level.
We foresee the commercial space housing a bank, hotel, health facilities (scale is yet unknown),
restaurant/banquet facilities, coffee house, full service grocery store, and professional offices.
Additional possible uses include a book store, art gallery, furniture store and other retail
establishments.
-4-
We have been in discussion with several potential tenants for the commercial and office sp~Se.
Until the project is awarded, it is difficult to obtain absolute commitments but there is serious interest
from the following (these uses would occupy at least 2/3 of all the commercial and retail space):
1. An Iowa City based professional firm;
2. Local restauranteur: Restaurant/Food Service/Banquet facilities;
3. Local firm: grocery store;
4 Local bank;
5. Coffee house;
6. Athletic/health facility.
B. Height / Number of Stories
The west tower is 13 stories and the east tower is 14 stories. These are 140 feet and 158
feet, respectively. Application was made to the Federal Aviation Association to construct a 20 story
building however, the FAA determined that 14 stories is the tallest allowable structure on this site. The
FAA ruling, attached at page 43, establishes a maximum height of 158 feet.
-5-
C. INTENSITY OF PROPOSED USES ' '
The proposed project is 181,100 Square feet above grade with an additional 35,000 square
feet of parking below grade. The proposed breakdown of uses, excluding common areas is:
Level 1: West Building 11,650 square feet
East Building 7,050 square feet
Level 2: West Building 11,650 square feet
East Building 7,050 square feet
East Building 3,100 square feet (roof terrace)
Level 3: West Building 5,850 square feet
West Building 5,950 square feet (roof terrace)
East Building 7.050 square feet
Level 4: 19 Hotel Suites 525 squ~re feet each
Level 5: 19 Hotel Suites 525 squore feet each
Level 6: 19 Hotel Suites 525 square feet each
-6-
Level 7: 8 aparlments/condos (2 bedroom) with balconies (1,100 square feet) .,
1 apartment/condo (2 bedroom) with balconies (1650 square feet)
Level 8: 8 apathnents/condos (2 bedroom) with balconies (1,100 square feet)
1 apartment/condo (2 bedroom) with balconies (1650 square feet)
Level 9: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet)
1 apartment/condo (2 bedroom) with balconies (1650 square feet)
Level 10: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet)
1 apartment/condo (2 bedroom) with balconies (1650 square feet)
Level 11: 8 apartments/condos (2 bedroom) with balconies (1,100 square feet) 1 apartment/condo (2 bedroom)with balconies (1650 square feet)
Level 12: East Building: 4 apartments/condos with balconies (1,100 square feet)
Level 12-13: West Building: 4 two-level penthouse units (1,650 square feet)
Level 13-14: East Building: 2 two-level pen.thpu, se .milt? (2100 square feet, each with 1639
square feet of roof terraces anti vatcomes).
-7-
D. ESTIMATED COST OF IMPROVEMENTS
McComas-Lacina has committed to construct this project. While it may be available to
other developers should another developer be selected, ours are the only plans that McComas-Lacina
has reviewed and we are the only developer for whom McComas-Lacina has provided budget figures.
Construction cost: $20,710,594
Architectural fees: 1.553.294
$22;263,888
E. EQUITY CAPITAL AND FINANCING
Financing expectations and assumptions:
i) 75% to 80% financing with 25 year amortization at not greater than 7.5% interest. We
have been in lengthy and detailed discussion with our primary lender (Firstar Bank)
regarding this project. We have enjoyed a 20+ year relationship with Firstar and its
predecessors on numerous commercial real estate projects. Firstar has expressed serious
interest in financing this project on terms better than those set forth above. Based on our
financial strength and credit history, we have been offered financing at ~ point under Wall
Street Prime on our upcoming project at 229 Iowa Ave. A firm commitment cannot be
made until a preferred developer is chosen and the terms of the development rights are
known. We have every reason to believe that a financing commitment will be made
promptly should we be selected as the preferred developer.
ii) TI~ financing on 100% of the construction costs.
-8-
iii) Equity capital of approximately $I,000,000.00. Probable source is equity from eurrefltly
owned real estate (most likely in the form of funds from refinancing). For particulars,
please refer to the financial data provided herewith.
iv) Our offer to purchase the development rights for $250,000 is a nominal sum given the
value of the land involved. We seek to develop this property with the future of Iowa City
at the forefront of the development and design considerations. The design and anticipated
uses are dynamic and exciting but are not as profitable as a more murine, less expensive
project. A facility which fills the entire lot, at less than maximum height and catering to
student housing, would be less expensive to build and more profitable initially. It would
allow for a larger mount to be paid for development rights, but would do nothing to
further the long term enhancement of downtown Iowa City. In fact, such a development at
this prime location may well be a detriment to long term commercial development
downtown. This would be an unfortunate conclusion to the City's urban renewal efforts.
We respectfully urge that the dollar amount we are offering for the development rights be
viewed in the context of the quality of the project we are proposing. We see this as an
opportunity to partner with the City in developing a grand building which will
significantly enhance downtown Iowa City. To this end we are asking the City to
consider a nominal payment for the development rights and the maximum TIF financing
allowed. We are negotiable on the price depending on other aspects of the agreement that
may be reached with the City. If the City views our development proposal as the preferred
development, we are confident, based on our past experience with the City, that terms can
be reached that will be agreeable to everyone.
-9-
SITE PLAN. FLOOR PLANS AND ELEVATION
A rendering of the proposed project is included as the first page of this proposal. A site plan and
floor plans are set forth in the following 9 pages. Awarding development rights to 64-1a is an unportan
decision. In making its decision as to the preferred developer the City is entitled to an accurate and
detailed representation of each project being proposed. To this end, we have invested over $25,000 in
design fees and a rendering of our proposed project.
~10-
-- The Pl~za Towers
NEUMANN MONSON
Plaza Towers
NEUMANN MONSON
ARCHITECTS
N
Plaza Towers
NEUMANN MONSON
ARCHITECTS
N
Plaza Towers
NEUMANN MONSON
ARCHITECTS
Plaza Towers
NEUMANN MONSON
A~CHITECTS
~ARTM~NT$ -
7m, 8TH, 9T~, lO'm Am) l lin LEVELS
The Plaza Towers
NEUMANN MONSON
ARCHITECTS
APARTMENTS/CONDOMINIUMS -
12~ LEVEL
J
The Plaza Towers
NEUMANN MONSON
ARCHITECTS
APARTMENTS/CONDOMINIUMS-
13m LEVEL I
1
~ Pl~a Towers
NEUMANN MONSON
ARCHITECTS
NEU~NN' ~N~N
74~ ARCHITECTS
Moniea B. Moen - Attorney. Moniea was formerly on the staffofthe Iowa City Planning Departmem.
She is well versed in land use planning and land use law. Moniea has been involved in real estate
investment in Iowa City for 20 years. She is in private practice with the firm of Evans Keane in Boise,
Idaho. She is also counsel to Idaho Power. Monica has a keen interest in Iowa City and in the future
intends to once again become a resident of Iowa City.
Mare B. Moen - Attorney. Marc is a practicing attorney in Iowa City. Marc has been involved in real
estate investment in Iowa City for 20 years. He is also involved in the dally management of developers
Iowa City real estate holdings.
OT~ERS WHO W~LI, BE INVOLVED IN THE PROJECT
MeComas - Laeina - general contractor committed to our project. Our contact person is Mike Hahn
who is a principal in that firm. McComas - Lacina was our general contractor on the one million dollar
renovation of the Savings and Loan Building and on the construction of the Whiteway 2000 Building.
It is also our general contractor on the 229 Iowa Avenue project which will begin in September.
Neuman Monson Architects - architectural firm responsible for the design of our proposed project.
Kevin Monson is a principal in the firm and is our primary contact. Neuman Monson was our
architect on the Savings and Loan renovation and on the Whiteway 2000 Building. It is also our
architect for the project at 229 Iowa Avenue.
M2B Structural Engineers - structural engineering firm responsible for the structural engineering of
our proposed project. Jack Miller is a principal in the firm and is our primary contact. M2B was our
structural engineer on the Whiteway 2000 Building and is doing the structural work on the project at
229 Iowa Avenue.
DEVELOPERS' EXPERIENCE
We enjoy a very positive relationship with our tenants and we are proud of the product we
deliver. We strive to provide quality facilities with maximum personal attention and service to our
tenants. We are at capacity in all our commercial and residential space, and we have waiting lists at
each project for both commercial and residential space.
Our buildings are not residential facilities with ground floor commercial space included only out
of necessity. The commercial components of our buildings is key to the vitaii~y and integrity of the
projects. We have successfully worked at attracting strong commercial tenants.
Successful operation of commercial space in downtown Iowa City requires extreme attention to
detail. At least one principal of our group has at all times been personally involved in the day to day
operation of each project. Marc Moen is currently personally involved in daily management of the
Iowa City real estate and wilt continue in that role. If awarded this project, we pledge to the City that
we will be personally involved in all phases of this project including design, cop. strum'on and operation
of the completed facility. Marc Moen will live at the new location and will personally oversee the daily
operation of the facility.
We have also enjoyed a positive relationship with the City council and staff. We were shown
every courtesy in constructing the Whiteway 2000 building. That project was a joy for us and that
experience is incentive for us to pursue further development projects in the central business district.
We would be honored to be involved with the City in the development of 64-1a.
-20-
OTHER PROJECTS: "
We currently own and manage:
~ (210-212 South Clinton Street). A 6 ½ story building which houses MONDO'S, a
successful restaurant, and 39 unique one bedroom residential units.
The Savings and Loan Building (103 East College Street). A 3 story office building housing a
brokerage finn; optical store; beauty salon; the Associated Press; the Des Moines Register; a dental
office; corporate headquarters for Fresh Food Concepts; a landscape architectural firm; a non profit
organization for pregnant women; and five law firms.
The Blaekstone Buildine (I 18 South Dubuque St). A 3 story building which houses a nightclub and
11 one bedroom residential units.
The Iowa Theater Bnildine (124 South Dubuque Street). A 2 story commercial building. Although
Burger King recently closed, this building was leased within a matter of days to a new tenant.
Brewery. S~_uare (123 North Lima St). A 3 story office building housing two resaurants (Lirm Street
Caf6 and Devotay); LaJames Beauty School and Day Spa; a mail, packaging and shipping business; a
major structural engineering firm; four psychology firms; an architectural firm; and a law firm.
-21-
We close on 229 Iowa Avenue on September 1 and construction will begin immediately ''
thereafter on a three (3) million dollar project. We also own Woodlswn AFartmeats, a historic 17
unit apartment building, an historic building at 318 East Jefferson Street with 5 residential units, and
an historic house at 412 North Dubuque Street.
Each of our properties has unique architectural features and most of them have historic
significance. Each has become a successful venture.
We wish to continue our investment in downtown Iowa City. It is due to the City's vision in
constructing Clock Tower Place and investing in the Iowa Avenue street scape that encouraged us to
commit to a 3 million dollar project at 229 Iowa Avenue. Likewise, the City's vision in upgrading the
Pedestrian Mall and building an 18 million dollar library downtown makes development of 64~1a very
desirable. The City has done a magnificent job in its efforts to revitalize downtown. It is an exciting
and vibrant place to be. We believe strongly in downtown Iowa City and want to be involved in its
continued development. Our proposal is intended to follow the example the City has set for
development of the downtown area.
NAMES AND BACKGROUNDS OF PRINCIPALS
Michael S. Moen - Stockbroker; Investment Banker. Mike has 25 years experience in the investment
industry and has been involved in numerous successful real estate ventures in Iowa and in other states.
pERSONS FAMILIAR WITH OUR PRIOR WORK
The following individuals arc familiar with our prior work and may be contacted for verification of
prior satisfactory performance:
Kevin Monson, Neuman Monson Architects ph. 319.338.7878
Mike Hahn, McComas Lacina Construction ph. 319.338.1125
Bob Sierk, Firstar Bank ph. 319.356.9000
Jeff Peters, Firstar Bank ph. 319.328.3032
You may also contact any of our commemial or residential tenants regarding operation of our real
estate ventures.
64-1a deserves top quality design, construction, and management. If chosen, we will give
absolute priority to this project. We are committed to making this project a success. It will not only be
a building that the citizens of Iowa City will be proud o~ but a successful thriving hub of downtown
activity. The development of this parcel is an important component to defining the future of
downtown Iowa City and the success of the project is critical. Whether it be us or another developer,
we urge that the counsel give serious consideration to awarding this project to a local developer who is
personally committed to managing the facility.
-24-
THE PLAZA TOWERS
A COMMERCIAL & RESIDENTIAL DEVELOPMENT
SUITE 300, BREWERY SQUARE
123 NORTH LINN STREET
IOWA CITY, IOWA 52245-2 147
Telephone: E-MAIL; mmoen~icialaw.com
319.358.0400
MOBILE: FACSIMILE:
319.430,3010 319338.2414
August 3,2001
Stephen J. Atldm
City Manager
City of Iowa City
Civic Center
Iowa City, IA 52240
RE: Offer to Purchase for Private Redevelopment
City of Iowa City, Urban Renewal
Dear Mr. Atkins:
The undersigned developer, individuah, hereafter referred to as the "Offeror"hereby offers to purchase development rights for the land
below described in conformity with Federal and State statutes and local ordinances and regulations, namely that area known as:
Disposition Parcel 64-1 a
fxom the City of Iowa City, hereafter referred to as the "City".
-25-
The terms of the offer are as follows:
1. The Offeror acknowledges receipt from the City of a copy of the City-University Urban Renewal Plan, hereinatter referred to as
the "Plan", which plan has been duly approved and recorded in the office of the City Clerk of the City, and a copy of the
Request for Proposals (RFP) containing the instructions for subrrfitting an offer to purchase development fights for
redevelopment.
2. The Offeror agrees to purchase from the City the development rights for the referenced parcel at the price hereinafter set forth
in accordance with the provisions of the Plan and the RFP.
Parcel No. Price Offered
64-1A $250,000.00
In making this offer, the Offeror acknowledges that the Offeror has become familiar with the project site and the provisions of
the Plan and the RFP.
3. it is agreed that this offer shall remain open for a period of one hundred fffiy (150) days from the final date for delivery °f °ffers
(as specified in the RFP) and shall remain in force thereafter unless withdrawn by the Offeror in writing, and that the City may
reject any and all offers, and may waive any irregularities therein.
4. If selected as the preferred developer, the Offeror agrees to transmit a certified check in the amount of $10,000 payable to the
order of the City of Iowa City, being a good faith deposit for the Disposition Parcel for which this proposal is made.
The good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and
subject to City Council declaration of forfeiture in accord with Section 6 or 7 hereunder, in the event of breach of performance
of the obligations of the Offeror pending execution of the development agreement referred to in Section 5, hereunder, and such
check may be deposited in an account of the City in a bank or trust company selected by it. Such deposit will be held by the City
as such s~curity for performance until such time as substitute security is provided under terms of the agreement referred to in
Section 5 hereunder following execution of such agreement.
-26-
5. If this offer is recommended for acceptance, the City must advertise its intent to sell by an appropriate legal notice before
furnishing a development agreement for execution by the Offeror.
Upon notification of acceptance of this Proposal in the manner provided for in Section 11 hereunder, the Offeror agrees tn
perform the remaining conditions of this offer and therea~er to execute a development agreement and remm it to the City, to
make any substitute good faith deposit required thereby, to perform by the terms of the development agreement and to complete
the purchase of the Disposition Parcel in the manner set forth in the development agreement.
It is agreed that the individual qualities of the Offeror are a material term and the Offeror shall not assign or transfer to any other
party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is
further agreed, in the event that this offer is accepted, that the Offeror shall not, prior to or al~er execution of the development
agreement, assign or transfer any interest in the development agreement without the written consent of the City Council of Iowa
City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same
Statement of Public Disclosure, Statement of Qualifications and Financial Responsibility and narrative setting forth the
developers experience and intent for development of the site, required of the original Offeror.
6. In the event this offer is accepted by the City Council of Iowa City and the Offeror fails or refuses to perform the remaining
conditions of this Proposal, and to execute a development agreement within ninety (90) days of the announcement of the
Offeror as the preferred developer, or such extension of time as may be granted by the City, the City may terminate all rights of
the Offeror hereunder, declare Offeror's good faith deposit forfeited, and retain same. The City may then proceed with other
arrangements or plans for the sale of the Disposition Parcel to which this offer relates.
7. The Offeror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance
of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee excepting the
following bona fide agency or broker: (If none, so state.)
NONE
-27-
Offeror states and represents that no person or agency claiming to be employed or retained by the CITY contacted the Offeror
with reference to the proposed sale of the subject land other than the following: (If none other than the City staff employees,
state: None.)
NONE
It is agreed that the City of Iowa City, Iowa, shall not be liable for any obligations incurred by the Offeror for commissions,
percentages, brokerages, contingent or other fees of any kind relating to this Proposal.
For breach of violation of the warranty in this section, the City shall have the right to annul its acceptance of this offer, or the
contract to rise thereupon, declare Offeror's good faith deposit forfeited and retain same.
8. ' it is agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw fi-om the sale ofthe
Disposition Parcel at any time prior to conveyance of title and possession of said property by reason of the City of Iowa City,
Iowa, being enjoined or prevented fi-om so doing by any order or decision or act of any judicial, superior legislative, or superior
executive body having authority in the premises. It is further agreed that the City shall have no liability for failure to deliver title
to such disposition parcel, to the redeveloper after making a good faith attempt to do so but failing for said reasons.
9. It is expressly agreed and understood by the Offeror that the City is making no representations with respect to soil conditions,
structural conditions, subsurface conditions, and the like, and further that the Offeror is mak~ no reliance upon any studies of
such conditions possessed by the City, and also that the Offeror has inspected the site for which this offer is being made and has
satisfied itself as to the conditions of both the surface and subsurface of the site. Further, it is agreed that the City has permitted
access to the Offeror for the purpose of making soil testing, borings, and the like.
-28-
10. The Offeror transmits herewith, for the approval of the City ten (10) copies each of the following documents:
a. This Offer.
b. A written narrative which sets forth and explains in full detail any and all addictions, deletions, or any other
modifications to the form of Offer as provided by the City.
c. Redevelopers Statement of Qualifications and Financial Responsibility.
d. Redevelopers Statement for Public Disclosure.
e. A written narrative which describes the proposed development, as called for in the RFP.
fi A site plan and elevation illustrating the proposed development concept, as called for in the RFP.
g. A written narrative which sets forth the developer's experience, as called for in the RFP.
11. It is agreed that acceptance or rejection of this offer shall be made by depositing such acceptance or rejection by the City in the
United States Mail addressed to the Offeror at the business address set forth below, and acceptance or rejection shall be
considered effective at the time of such mailing.
-29-
Submitted this 3rd day of August, 2001.
Marc B. Moen
210 South Clinton Street, Apt. 601
Iowg~ily~ Iowa 52240
00
/l)~fichael S. Moen
°'604 Locust, Suite 212
Des Moines, Iowa 50309
Monica B. Moen
2239 Cliffview Way
Boise, Idaho 83702
208.336.4099
-30-
REDEVELOPERS' STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPONSIBILITY
1. a. Name of Redeveloper: Michael S. Moen; Monica B. Mocn; and Marc B. Moen
b. Address and ZIP Code of Redeveloper:
Michael S. Moen
604 Locust, Suite 212
Des Moines, Iowa 50309
Monica B. Moen
2239 CliftMew Way
Boise, Idaho 83702
Marc B. Moen
210 South Clinton Street, Apt. 601
Iowa City, Iowa 52240
c. Phone and fax number:
Mike Moen
Phone 800.235.0418
Fax 515.282.7813
Monica Moen
Phone 208.336.4099
Fax 208.345.3514
Marc Moen
Phone 319.351.3900
Fax 319.338.2414
-31-
2. The public land which the Redeveloper proposes to enter into a contract for, or understanding with respect to, the purchase for
private development purposes from the City of Iowa City, Iowa in the City of Iowa City, State of Iowa, is described as follows:
Disposition Parcel 64-1 a
3. Is the Redeveloper a subsidiary of or affiliated with any other corporation or corporations or any other firm or firms?
I21 yes [il no
If yes, list each such corporation or firm by name and address, specify its relationship to the Redeveloper, and identify the
officers and directors or trustees common to the Redeveloper and such other corporation or firm~
4. a. The financial condition of the Redeveloper, as of August 3, 2001, is as reflected in the attached financial statement.
(NOTE: In a separate envelope submitted with this statement are 10 copies of compiled financial statements for Michael
Moen and Marc Moen showing the assets and the liabilities, including contingent liabilities, fully itemized in accordance
with accepted accounting standards. In addition 10 copies of Monica Moen's financial statement is included. Monica
Moen's and Marc Moen's real estate investment holdings are identical in all respects (i.e., each own identical shares).
Therefore, the compiled financial statement for Marc Moen would apply equally to Monica Moen with respect to all real
estate investment. The fmaneial data submitted in the separate envelope is confidential and/or proprietary and we
request that it remain confidential and not disseminated.)
b. Name and address of auditor or public accountant who prepared the compiled financial statement as noted in Section 4.a.
above: Gary Carlson, 118 S. Clinton St., Iowa City, IA 52240; Roth & Company, P.C., 866 Walnut Street, Suite 1450,
Des Moines, Iowa 50309.
-32-
7. Names and addresses of bank references:
Firstar Bank, Bob Sierk, Iowa City, Iowa
Firstar Bank, JeffPeters, Commercial Real Estate Lending, 201 W. Second St., Davenport, IA 52801
Iowa State Bank & Trust, Jerry Vanni, Iowa City, Iowa
Hills Bank & Trust, Brad Langguth, Iowa City, Iowa
8. a. Has the Redeveloper or (if any) the parent corporation, or any subsidiary or affiliated corporation of Redeveloper of said
parent corporation, or any of the Redeveloper's officers or principal members, shareholders or investors, or other interested
parties (as listed in the responses to Items 5, 6, and 7 of the Redeveloper's Statement for Public Disclosure and referred to
herein as "principals of the Redeveloper") been adjudged bankrupt, either voluntary or involuntary, within the past 10 years?
[3 yes [] no
If yes, give date, place and under what name.
b. Has the Redeveloper or anyone referenced to above as "principals of the Redeveloper" been indicted for or convicted of any
felony within the past ten years? O yes [] no
If yes, give for each case ( 1 ) date, (2) charge, (3) place, (4) Court, and (5) actiofi taken. Attach any explanation deemed
necessary.
-33-
5. If funds for the developme~ are to be obtained bom sources other than the Redeveloper's own funds, a statement of the
Redeveloper's plan for financing the acquisition of the land and the redevelopment project:
Please refer to Section E at page 8 of this proposal.
6. Sources and amount of cash available to Redeveloper to meet equity requirements of the proposed undertaking:
By refinance of currently held real estate:
Souree M,,rket V~lue Mortg~ or Liens
Currently held Real Estate $22,495,000.00 $12,072,456.00
If yes, give date, place and under what name.
b. Has the Redeveloper or anyone referenced to above as "principals of the Redeveloper" been indicted for or convicted of any
felony within the past ten years? ~ yes 21 no
If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, and (5) action taken. Attach any explanation deemed
necessary.
9. a. Undertakings, comparable to the proposed redevelopment work, which have been completed by the Redeveloper or any of
the principals of the Redeveloper, including identification and brief description of each project and date of completiort; and
names and phone numbers of persons at the prior work project site that can verify the work.
Whiteway 2000 - 6-1/2 story building - Commercial main floor; residential at levels 2-6 (2 story lofts on 6th floor).
Completed August 2000.
Mike Hahn, McComas Lacina, phone 319.338.1125
Kevin Monson and Tim Schroeder, Neuman Monson Architects, Phone 319.338.7878
b. If the Redeveloper or any of the principals of the Redeveloper has ever been an employee, in a supervisory capacity, for
construction contractor or builder on undertakings comparable to the proposed redevelopment work, name of such
employee, name and address of employer, title of position, and brief description of work:
N/A
-34-
1 0. If the Redeveloper or a parent corporation, a subsidiary, an affiliate, or a principal of the Redeveloper is to participate in the
development of the project as a construction contractor or builder:
a. Name and address of such contractor or builder:
b. Has such contractor or builder within the last 1 0 years ever failed to qualify as a responsible bidder, refused to enter into a
contract after an award has been made, or failed to complete a construction or development contract?
If yes, explain: [21 yes ~ no
c. Total amount of construction or development work performed by such contractor or builder during the last three years:
$
General description of such work:
d. Construction contracts or developments now being performed by such contractor or builder:
Identification of
Contract or Development Location Amount Date to be Completed
-35-
e. Outstanding construction-contract bids of such contractor or builder:
Award Agency Amount Date Opened
11. Brief statement respecting equipmem, experience, financial capacity, and other resources available to such contractor or builder
for the performance of the work involved in the redevelopment of the land, specifying particularly the qualifications of the
personnel, the nature of the equipment, the general experience of the contractor, and the experience of the personnel with similar
public/private developmem projects and/or working with public entities (such as cities).
N/A
12. Does any member of the governing body of the locality in which the Urban Renewal Area is situated or any other public official of
the locality, who exercises any functions or responsibilities in the reviews or approval of the carrying out of the project under
which the land covered by the Redevetoper's proposal is being made available, have any direct or indirect personal interest in the
Redeveloper or in the redevelopment or rehabilitation of the property upon the basis of such proposal? ~ yes ~il no
If yes, explain.
13. Statements and other evidence of the Redeveloper's qualifications and financial responsibility (other than the financial statement
referred to in Item 4a) are attached hereto and hereby made a part hereof as follows:
-36-
CERTIFICATION
We~, Michael S. Moen, Monica B. Moen and Marc B. Moen, certify that this Redeveloper's Statement of Qualifications and Financial
are truf~nd c~t~plepe to the best of our knowledge and belie~/~ ·
~me'te 212 ~.~e~-~. ~~7~ d-~/~' 210 South Clinton Street, Apt. 601
Des Moines, Iowa 50309 ~ -v -- IowaCity?!0Wa 52240
319.358.04OO
fUo c;B. Uoen
2239 Cliffview Way
Boise, Idaho 83702
208.336.4099
1 If the Redeveloper is a corporation, this statement should be signed by the president and Secmtaq, of the corporation, together w~th supporUng docurnentaEon that persons am
authorized to enter into · real estate transacUon; if an it~ividual, by such individual; if a partnersh~, by one of the partners; if an ~nt~ not having · president end secretary, by one of its
chief officers having knowledge of the financial status and queliflcaEons of the Redeveloper.
2 Penalty for False Certificabon: SecOon 1 ~01, TiUe 18, of the U. 3. Code, provides a fine ancYor imprisonment of not mom lhan 5ye years, or both, for know~giy and wffffulJy
making or using any false writing or document, knowing foe same to ccnltein any false, Ectiflous or fraudulent statement or enO7 in a matter with the JudsdicEon of any Deparlment of the
United States.
-37-
REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE~
A. REDEVELOPER
1.a. Name of Redeveloper:
Michael S. Moen
Monica B. Moen
Marc B. Mocn
b. Address of Redeveloper:
Michael S. Moen
604 Locust, Suite 212
Des Moincs, Iowa 50309
Mouica B. Mocn
2239 Cliff-view Way
Boise, Idaho 83702
Marc B. Moen
210 South Clinton Street, Apt. 601
Iowa City, Iowa 52240 ~
3If space on this form is inadequate for any requested information, it should be furnished on an attached page which is referred to under the appropriate
numbered item on the form.
-38-
c. Phone and fax number: Mike Moen
Phone 800.235.0418
Fax 515.282.7813
Morfica Moen
Phone 208.336.4099
Fax 208.345.3514
Marc Moen
Phone 319.351.3900
Fax 319.338.2414
2. ,The, poublic land .whic.h the Redeveloperproposes to enter into a contract for, or understanding with respect to, the purchase of
ma rot private aevelopment purposes fi:om The City of Iowa City, Iowa in the City of Iowa City, State of Iowa, is described as
follows:
Disposition Parcel 64-1 a
3. If the Redeveloper is not an individual doing business under the Redeveloper's own name, the Redeveloper has the stares
indicated below and is organized or operating under the laws of the State of :
__ A corporation.
__ A nonprofit or charitable institution or corporation.
__ A partnership known as
A business association or joint venture known as ~
__ A Federal, State or local government or instrumentality thereof.
Other (explain)
-39-
4. If the Redeveloper is not an individual or a government agency or instrumemality, give date of organization:
5. Names, addresses, title of position (if any), and nature and extent of the interest of the officers and principal members,
shareholders, and investors of the Redeveloper, other than a governmem agency or instrumentality, are set forth as follows:
a. If the Redeveloper is a corporation, the officers, directors or trustees, and each stockholder owning at least 5% of any class
of stock.4
b. If the Redeveloper is a nonprofit or charitable institution or corporation, the members who constitute the board of trustees
or board of directors or similar governing body.
c. If the Redeveloper is a partnership, each l~artner, whether a general or limited parmer, and either the percent of interest or a
description of the character and extent of interest.
d. If the Redeveloper is a business association or a joint venture, each participant and either the percent of interest or a
description of the character and extent of interest.
e. If the Redeveloper is some other entity, the officers, the members of the governing body, and each person having an interest
of at least 5%.
41f a corporation is required to ~e periodic reports with tho Federal Securities and Exchange Commission under Section 13 of tho Securities Exchange
Act of 1934, so state under this Item 5. In such case, the information referred to in this Item 5 and in Items 6 and 7 is not required to be furnished, but said
periodic reports must be provided in #eu of said information.
-40-
POSITION TITLE (IF ANY) AND PERCENT
NAME ADDRESS AND ZIP CODE OF INTEREST OR DESCRIPTION OF
CHARACTER AND EXTENT OF INTEREST
Michael S. Moen, 604 Locust Street, Suite 212, Des Moines, IA 50309 Owner 50%
Monica B. Moen, 2239 North Cliffview Way, Boise, ID 83702 Owner 25%
Marc B. Moen, 210 South Clinton Street, Apt. 601 Iowa City, Iowa 52240 Owner 25%
6. Name, address, and nature and extent of interest of e.agh person or entity (,notfiam,ed. ~n r.esponse, to Item 5) wh.o.?as.a, be[x~ficial
interest in an of the shareholders or investors named m response to Item >wno warcn g~ves SUCh person or enuty at teas
Y. · o ' co oration which holds 50% of the
computed 5% interest tn the Redeveloper (for example, .mgre than 10 ~ of thee. ,stqck..m ~a,.oz~.~' .....,. ^c,~.~ t~o.,o~^,~.
stoclc of the Redeveloper; or more than 50% of the stock in a corporation warcn noms
DESCRIPTION OF CHARACTER AND
NAME. ADDRESS AND ZIP CODE ]~XTENT OF INTEREST
7. Names (fl?not given above) of officers an directors or trustees of any corporation or firm listed under Item 5 or Item 6 above:
-41-
CERTIFICATION
We5, Michael S. Moen, Monica B. Moen and Marc B. Moen, certi~ that this Redeveloper's Statemem for Public Disclosure is true and
correct to th~ ~S~ t of our knowledge and belief~.
cDated:~,;/ff,?/~?''~ .~ / ~"~/~ Cz/] Dated: .z~ ,~/~/'~
6Moi~LL oelc Su~t ,M;uei~e 212 ~/~d~ 210 South Clinton Street, Apt. 601
Des Moines, Iowa 50309 Iowa City, Iowa 52240
800.235.018 319.358.0400
2239 Cliffview Way
Boise, Idaho 83702
208.336.4099
5 ff the Redeveloper is a corporsben, this statement should be signed by the President and Secretary of the c(y/porffdan, together wtZh aupporSr~j documentaSon that persons are
authorized to enter inth a real estete transaction; if an individual, by such individual; if a partnership, by one of the parthers; if an envy not having a president and secretety, by one of its
chief officers having knowledge of the financial status and qualb?cations of the Redevetepec
6 penafiy for False Cerlificagon: Sect~n 1001, r't~ 18, of the U.S. Code, provides a fine ar~/or imprisonment ffl not mere than five years, or both, for knowingly and
making or using any false wrfting or document, knowing the same to contain any false, fictilious or fraudulent statement or entry in a maffer with the Jurisdictlefl cf any Depar~'nent of the
United States.
Federal Aviation Administration AERONAUTICAL STUDY
Central Region, ACE-530 No: 00-ACE-2242-OE
901 Locust
Kansas City, MO 64106 ~/
ISSUED DATE: 11/30/00
123 N LINN ST, SUITE 300
IOWA CITY, IA 52245
** PRESUMED HAZARD **
The Federal Aviation Administration has conducted an aeronautical study
under the provisions of 49 U.S.C., Section 44718 and, if applicable,
Title 14 of the Code of Federal Regulations, part 77 concerning:
Description: BUILDING
Location: IOWA CITY IA
Latitude: 41-39-31.05 NAD 83
Longitude: 091-31-55.60
Heights: 240 feet above ground level (AGL)
918 'feet above mean sea level (AMSL)
The initial findings of this study indicate that the structure as described
above would exceed obstruction standards and/or would have an adverse
physical or electromagnetic interference effect upon navigable airspace
~r air navigation facilities. Therefore, pending resolution of the
issues described below, it is hereby determined that the structure is
presumed to be a hazard to air navigation.
If the structure were reduced in height so as not to exceed 158 feet
above ground level ( 836 feet above mean sea level), it would not
exceed obstruction standards and a favorable determination could
subsequently be issued.
Any height exceeding 158 feet above ground level ( 836 feet above
mean sea level) will result in a substantial adverse effect and would
warrant a Determination of Hazard to Air Navigation.
See attachment for further information.
A copy of this determination will be forwarded to the Federal Communication:
Commission if the structure is subject to their licensing authority.
NOTE: PENDING RESOLUTION OF THE ISSUES DESCRIBED ABOVE, THE STRUCTURE IS
PRESUMED TO BE A HAZARD TO AIR NAVIGATION. THIS DETERMINATION DOES NOT
AUTHORIZE CONSTRUCTION OF THE STRUCTURE EVEN AT A REDUCED HEIGHT. ANY
RESOLUTION OF THE ISSUES DESCRIBED ABOVE MUST BE COMMUNICATED TO THE FAA
SO THAT A FAVO~tABLE DETERMINATION CAN SUBSEQUENTLY BE ISSUED.
IF MORE THAN 60 DAYS FROM THE DATE OF THIS LETTER HAS ELAPSED WITHOUT
ATTEMPTED RESOLUTION, IT WILL BE NECESSARY FOR YOU TO REACTIVATE THE
EXHIBIT D
MINIMUM IMPROVEMENTS AND USES
On August 3,2001 the Redeveloper submitted a Redevelopment proposal shown
on Exhibit C in response to the City's request for proposals to purchase Urban Renewal
Parcel 64-1a for a private redevelopment project. The redevelopment proposal provided
for a multi-use structure with an undetermined mix of rental versus condominium
residential units and other uncertainties pertaining to the mix of commercial space. The
"Minimum Improvements" may now be more specifically defined as follows:
1. The project will consist of street level commercial space including at least
10,000 square feet for a full-service grocery store, upper level conference space of no less
than 18,000 square feet, and no less than 50 luxury hotel suites. The remaining square
footage of the above street level space will be a combination of commercial and
residential space. Any residential units shall not contain more than two bedrooms per
unit except with written approval of the City. The street level commercial uses should
add to the activity and vitality of the downtown pedestrian mall throughout the day and
into the evening and should not contain uses consisting of "dead space" in the evening
hours. Redeveloper has the right to sell condominium units in the project at any time
subject to the terms of this Agreement and the Minimum Assessment Agreement.
2. The Redeveloper commits to the provision of a drive-up book drop for the Iowa
City Public Library to be located at the southeast comer of the site, with access through
the surface parking lot to the south of the project and egress through the existing alley.
3. Valet parking, if provided, will be made available to Library patrons at the
hotel entrance at no cost to the patron or the City for the valet service, however, hotel
patrons will be given priority for the valet service. Library patrons shall be responsible
for the actual cost of parking.
4. The Redeveloper shall provide public access from the third level of the
Dubuque Street parking ramp to the second level of the project, continuing through the
project to an elevator and stairwell on the north side of the project, accessing the
pedestrian mall across from the entrance to the Iowa City Public Library. This public
access shall be open to public use during reasonable hours and shall be provided via
either a covered walkway and/or through the interior of a portion of the building. The
Redeveloper shall bear all costs associated with the provision and maintenance of this
access.
40
5. A covered walkway will be provided along the east face of the Project at the
Linn Street level.
6. With the reconstruction of the sidewalk on the west side of Linn Street (along
the east face of the Project), the City shall permit the construction of a drop off lane for
use by the hotel.
7. Parking for the hotel use shall be provided in a City-owned facility in
accordance with the Iowa City Zoning Ordinance, Ch.14-6N-1J(2)(g), which requires a
separate contract between the owner of the hotel and the City Department of Parking and
Transit. This shall be on terms at least as favorable to Redeveloper as the current
agreement between the owner of the Sheraton Hotel and the City Department of Parking
and Transit is to the Sheraton.
8. The Redeveloper shall provide one public handicapped-accessible parking
space at the east end of the surface parking lot at the south end of the Project site.
9. Radio Antenna and Peripherals: The Developer will provide space on the roof
of the Project if reasonably feasible for the Iowa City Cable Division's radio antenna and
shall also provide suitable interior equipment space for the associated peripherals if
reasonably feasible. The Iowa City Cable Division shall be responsible for all operating
and utility costs for this system; for all liability associated with the equipment or use
thereof; indemnify and hold Redeveloper harmless for any damages, including attorney
fees and costs, arising from the aforesaid equipment; obtain all necessary permits or other
authority needed to install and operate such devices on the Project; and reimburse
Redeveloper for any costs, including insurance costs, in any way related to the placement
or operation of the aforesaid equipment.
41
EXHIBIT E
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
AND VOGEL PROPERTY
Redevelopment Property:
Beginning at the Northeast comer of Block 64, Original Town, Iowa City, Iowa; Thence
S00°07'00"E, along the East line of said Block 64, a distance of 196.48 feet to the Southeast
comer of an amended easement agreement recorded in Book 725 at Page 327 in the Office of the
Johnson County Recorder and the Northeast comer of the City of Iowa City parking ramp; Then
S89°51'17"W, along the Southerly line of said amended easement agreement and the Northerly
building face of said parking ramp, 20.04 feet; Thence S00°04'14"W, along said Southerly line
and said Northerly building face, 3.30 feet; Thence N89°55'47"W, along said Southerly line and
said Northerly building face, 201.95 feet, to the Southeast comer of a parcel of land recorded in
Book 1320 at Page 5 in said Recorder's Office; Thence N00°07'00"W, along the Easterly line of
said parcel 199.54 feet to the Northeast comer of said parcel; Thence N89°25'20"E, along the
North line of said Block 64, a distance of 220.00 feet to said Point of Beginning. Said parcel
contains 1.02 acres and is subject to easements and restrictions of record.
Vogel Property
Commencing at the Northeast comer of Block 66 in Iowa City, according to the recorded plat
thereof, thence West along Iowa Avenue 45 feet, thence South 69 feet, thence East 45 feet to
Linn Street, thence North along Linn Street 69 feet to the point of beginning.
42
EXHIBIT F
PUBLIC ACCESS EASEMENT AGREEMENTS
Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City 356-5030
PUBLIC ACCESS EASEMENT AGREEMENT
FOR PLAZA TOWERS, IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, a
municipal corporation, hereinafter referred to as City, and Plaza Towers, L.L.C., a limited liability
corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza
Towers.
WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of Block
64, Iowa City, Iowa, which structure shall contain conference facilities, hotel suites,
apartmentJcondominium units and commemial spaces (hereinafter Project); and
WHEREAS, to ensure public access to the commercial spaces and to ensure appropriate
traffic circulation through the Project site, Plaza Towers is granting a public access easement to
the City over and across the surface parking area of the Project site; and
WHEREAS, the City and Plaza Towers have reached agreement concerning public access
through the Project site which agreement the parties wish to reduce to writing.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is hereby
acknowledged, Plaza Towers hereby grants and conveys to the City, an easement for the
purposes of the right of public and City service access to the area designated as "Surface
Parking/Grocery Pick Up", (hereinafter "easement area") as shown on Plaza Towers' proposal,
attached as Exhibit "C" to the Agreement for the Improvement and Sale of Land for Private
Redevelopment (hereinafter "proposal"), which proposal is by this reference made a part hereof.
The grant of rights under this Public Access Easement Agreement provides the City, City service
vehicles, fire apparatus vehicles and the general public with a means of ingress, egress and
passage over the surface parking area designated as Surface Parking/Grocery Pick-Up on said
proposal.
With.regard to the above-described Public Access Easement over the surface parking area, the
general public's right of ingress, egress and passage shall be unlimited during "reasonable hours",
which is defined as 6 a.m. to 11 p.m. Plaza Towers may regulate, restrict or otherwise prohibit
public access over the surface parking area during the hours of 11 p.m. to 6 a.m. The rights of
City service vehicles and fire apparatus vehicles to ingress, egress and passage shall be
unlimited at all times,
With regard to the above-described Public Access Easement over the surface parking area, the
Iowa City Police Department is hereby authorized to ticket, tow or cause to be towed, pursuant to
the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the
easement area in violation of the parking laws of this City and State. This agreement shall serve
as appropriate notice for such authorization to the Iowa City Police Department under the Code of
Iowa, as amended. Plaza Towers and its assigns hereby also agree to release, indemnify and
hold harmless the City, its officers, employees and agents from any damages, claim of damages
or liability resulting from any ticketing or towing as authorized under the preceding paragraph.
Additionally, the Iowa City Fire Department is hereby granted an easement with the right of
access over and across the above-described easement area. Said right of access also includes
43
the right of non-emergency access and posting for the purposes of enforcing Fire Safety
Standards under the Uniform Fire Code, as amended.
The City shall indemnify Plaza Towers against unreasonable loss or damage which may occur in
the negligent exercise of the easement rights by the City. Except as expressly provided herein,
the City shall have no responsibility for maintaining the easement area.
Plaza Towers reserves the right to use said easement area for purposes which will not interfere
with the City's full enjoyment of its rights hereby granted; provided that Plaza Towers shall not
erect or construct any building, fence, retaining wall or other structures over the easement area;
plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said
area; or diminish or substantially add to the ground cover over the easement area with the
exception of the installation, construction and maintenance of the easement area.
Nothing in this Agreement shall be construed to impose a requirement on the City to install the
surface parking/grocery pick-up area at issue herein. Nor shall Plaza Towers be deemed acting as
the City's agent during the original construction, installation and/or maintenance of said easement
area. Parties agree that the obligation to install the surface parking/grocery pick-up area at issue
herein shall be in accordance with City specifications, and the obligation shall remain on the Plaza
Towers until completion by Plaza Towers.
Plaza Towers hereby covenants with the City that it is lawfully seized and possessed of the real
estate above described, and that it has good and lawful right to convey it or any part thereof.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, and all covenants shall be deemed to apply to and run with the land and
with the title to the land.
Dated at Iowa City, Iowa, on this __ day of ,2002.
CITY OF IOWA CITY, IOWA
By:.
Ernest W. Lehman, Mayor
ATTEST:
Marian K, Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
By:
Michael Moen, Secretary
44
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this day of ,20._, before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen,
to me personally known, who being by me duly sworn, did say that he is the President of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument
to which this is attached, and that no seal has been procured by said limited liability company;
that said instrument was signed on behalf of the limited liability company by authority of its
members; and that Marc B. Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appearedMichael Moen, to
me personally known, who being by me duly sworn, did say that he is the Secretary of Plaza
Towers, L.LC., an Iowa limited liability company, executing the within and foregoing instrument
to which this is attached, and that no seal has been procured by said limited liability company;
that said instrument was signed on behalf of the limited liability company by authority of its
members; and that Michael Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
45
Notary Public in and for the State of Iowa
46
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City 356-5030
PUBLIC PEDESTRIAN ACCESS EASEMENT AGREEMENT
FOR PLAZA TOWERS, IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, a
municipal corporation, hereinafter referred to as City, and Plaza Towers, L.L.C., a limited liability
corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza
Towers.
WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of Block 64,
Iowa City, Iowa, which structure shall contain conference facilities, hotel suites,
apartmentJcendominium units and commercial spaces (hereinafter Project); and
WHEREAS, to ensure public access to the commercial spaces and to ensure pedestrian
circulation through the Project site, Plaza Towers is granting a public pedestrian access
easement to the City through, over and across the pedestrian bridge connecting the Dubuque
Street Parking Ramp and through the Project site; and
WHEREAS, the City and Plaza Towers have reached agreement concerning public pedestrian
access through the Project site which agreement the parties wish to reduce to writing.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is hereby
acknowledged, the Plaza Towers hereby grants and conveys to the City, an easement for the
purposes of the right of public pedestrian access through, over, and across the area designated
as "pedestrian bridge" and "access to parking below", (hereinafter "easement areas") as shown on
Plaza Towers' proposal, attached as Exhibit "C" to the Agreement for the Improvement and Sale
of Land for Private Redevelopment (hereinafter "proposal"), which proposal is by this reference
made a part hereof. In addition to the above, said public pedestrian access easement shall also
extend through the Project to an elevator and stairwell on the north side of the project, accessing
the pedestrian mall across from the entrance to the Iowa City Public Library (hereinafter, "interior
access"). The grant of rights under this Public Pedestrian Access Easement Agreement provides
the City and the general public with a means of ingress, egress and passage through, over and
across the easement areas and interior access as designated on said proposal and built within the
Project.
With regard to the above-described Public Pedestrian Access Easement through, over and
across the easement areas and interior access, the general public's right of ingress, egress and
passage shall be unlimited during "reasonable hours", which is defined as 6 a.m. to 11 p.m. Plaza
Towers may regulate, restdct or otherwise prohibit public access through, over and across the
easement areas and interior access during the hours of 11 p.m. to 6 a.m.
The City shall indemnify Plaza Towers against unreasonable loss or damage which may occur
in the negligent exercise of the easement rights by the City or its agents in their official capacities.
However, this indemnification expressly, excludes loss or damage caused by the public. Except
as expressly provided herein, the City shall have no responsibility for maintaining and/or for costs
associated with the easement areas and interior access.
4?
Plaza Towers reserves the right to use said easement area for purposes which will not interfere
with the full enjoyment of the rights hereby granted to the public; provided that Plaza Towers shall
not erect or construct any permanent barriers precluding access over the easement areas and
interior access.
Nothing in this Agreement shall be construed to impose a requirement on the City to install the
easement areas or interior access at issue herein. Nor shall Plaza Towers be deemed acting as
the City's agent during the original construction, installation and/or maintenance of said easement
areas and interior access. Parties agree that the obligation to install the easement areas and
interior access issue herein shall be in accordance with City specifications, and the obligation shall
remain on the Plaza Towers until completion by Plaza Towers.
Plaza Towers hereby covenants with the City that it is lawfully seized and possessed of the real
estate above described, and that it has good and lawful right to convey it or any part thereof.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, and all covenants shall be deemed to apply to and run with the land and
with the title to the land.
Dated at Iowa City, Iowa, on this __ day of ,2002.
CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
Marian K. Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
By:
Michael Moen, Secretary
48
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this day of ,20__, before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen
and Michael Moen, to me personally known, who being by me duly sworn, did say that they are
the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability
company, executing the within and foregoing instrument to which this is attached, and that no
seal has been procured by said limited liability company; that said instrument was signed on
behalf of the limited liability company by authority of its members; and that Marc B. Moen and
Michael Moen as officers acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of the limited liability company, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael Moen,
to me personally known, who being by me duly sworn, did say that he is the Secretary of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing instrument
to which this is attached, and that no seal has been procured by said limited liability company;
that said instrument was signed on behalf of the limited liability company by authority of its
members; and that Michael Moen as officer acknowledged the execution of the foregoing
49
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
5O
EXHIBIT G
OFF-SITE PARKING AGREEMENT
CITY OF IOWA CITY - PLAZA TOWERS, L.L.C.
This agreement is entered into this day of ,2002, between
the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and
Plaza Towers, L.L.C., a limited liability corporation organized under the laws of the State
of Iowa, hereinafter referred to as Plaza Towers.
WHEREAS, Plaza Towers is planning to construct a multi-use structure on Lot l(a) of
Block 64, Iowa City, Iowa, which structure shall contain conference facilities, extended
stay hotel suites, apartment/condominium units and commercial spaces; and
WHEREAS, the hotel portion of the facility requires the availability of off-street parking
for the use of its patrons; and
WHEREAS, the City and Plaza Towers have reached agreement concerning parking
availability which agreement the parties wish to reduce to writing.
Now, therefore, it is agreed as follows:
1. Parking Provided. The City agrees to provide to Plaza Towers and to its
parking hotel patrons parking spaces, for vehicles with a maximum clearance of 7
feet, in a City-owned and operated parking ramp located in Iowa City, Iowa.
Parking shall be provided to registered hotel guests in any of the City-owned
parking ramps, including the Capitol Street Parking Ramp, the Dubuque Street
Parking Ramp and/or the Tower Place and Parking Ramp. Without assuming
financial liability to Plaza Towers, and without guaranteeing the location of such
parking, the City agrees to use reasonable efforts to provide parking to registered
hotel guests in the Dubuque Street Parking Ramp. Parking shall be provided to
other users of said multi-use facility, such as residential occupants, meeting
attendees, and commercial space patrons, who shall not bc deemed to be
beneficiaries of this agreement, in any City-owned parking ramp during scheduled
operating hours of the parking ramps on an as available basis and at the same rates
as the general public.
51
In the event City no longer owns or uses any parking ramp and/or the parking
ramps noted herein, namely the Capitol Street Parking Ramp, the Dubuque Street
Parking Ramp and/or the Tower Place and Parking Ramp, the City agrees to
provide parking to Plaza Towers at a location that constitutes a reasonable
alternative, and is in as close proximity to the multi-use structure as reasonably
possible and practical. Said substitute parking shall be provided to Plaza Towers
no later than the cessation of operation of the above-named parking ramps or other
parking ramp. Notwithstanding the foregoing, in the event City transfers
ownership of the above-named romps or any other parking ramp to an entity
intending to continue operating the property as parking ramps, said transfer shall
be subject to the transferee assuming City's obligations under this Agreement and
also subject to Plaza Tower's consent of such transfer, which consent shall not be
unreasonably withheld.
2. Parking Validation. The City and Plaza Towers agree to develop a validation
system so that parking ramp tickets can be validated by Plaza Towers employees
and returned by the parking patrons to the cashier upon exiting any of the City-
owned parking ramps. Plaza Towers agrees to develop appropriate security
systems to prevent unauthorized use of the parking validation system.
3. Ramp Operation. The City shall be responsible for maintaining ramp operations.
It is agreed that by making this agreement, the City is neither expanding nor
limiting its liability to Plaza Towers or its guests and patrons in connection with
the operation of the parking ramp, but rather such liability shall be the same as to
any other person or entity using the parking ramp.
4. Parking Rates. The City will charge Plaza Towers for parking ramp usage per the
rates set out in the attached Exhibit "G. 1", which exhibit is by this reference made
a part of this agreement.
5. Ownership of the Hotel. City and Plaza Towers agree that any assignment of this
Parking Agreement by Plaza Towers will be subject to City approval, in writing,
which approval shall not be unreasonably withheld. Further, City's consent
hereunder may only be withheld based upon the same reasons the City would deny
a liquor license application, namely the failure of the application's credibility and
character to withstand an investigation by the City. Plaza Towers shall submit the
name of the assignee of any such proposed assignment to the City in writing via
U.S. Mail "return receipt requested". Failure by City to notify Plaza Towers of
City's disapproval of said assignment in writing within fifteen (15) days of the
City's receipt of said notice from Plaza Towers shall constitute approval of said
assignment by the City.
52
6. Agreement Term. This Agreement shall have a term of years commencing as of
the date written below, and terminating on a date ninety-nine (99) years thereafter.
This Agreement shall not be terminated by either party, their successors or assigns
during said ninety-nine (99) year term except upon sixty (60) days written notice
to the other party, and only upon good and reasonable cause, and only after written
notice of default and the passage of a period of sixty (60) days thereafter during
which the defaulting party is given the opportunity to cure any default. It is
expressly agreed that the City's sole remedy in the event of a default by Plaza
Towers shall be the cancellation of said agreement and the right to maintain an
action for money damages in the amount of parking fees incurred and payable
based on actual parking ramp usage by Hotel patrons prior to the effect of such
cancellation.
Dated at Iowa City, Iowa, on the date given above.
CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
Marian K. Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
By:
Michael Moen, Secretary
53
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this day of ,20~, before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Kan:, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is tho 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 flee act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of ,20~, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen
and Michael Moen, to me personally known, who being by me duly sworn, did say that they are
the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability
company, executing the within and foregoing instrument to which this is attached, and that no
seal has been procured by said limited liability company; that said instrument was signed on
behalf of the limited liability company by authority of its members; and that Marc B. Moen and
Michael Moen as officers acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of the limited liability company, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this day of ,20 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally a~eared Michael Moen, to
me personally known, who being by me duly sworn, did say that he is the Secretary of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by said limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Michael Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
54
EXHIBIT G.1
I. REGISTERED HOTEL GUESTS
Plaza Towers will contract with the City for parking provided to hotel patrons for
a monthly fee to be paid to the City. The monthly fee is based upon a computation
utilizing the monthly permit rate in effect at the time the calculation is made times
25 parking spaces. The monthly fee will cover the cost of 15,000 hours of parking
per month for hotel patrons. In the event the parking ramps are staffed by the City
for operation on Sundays and/or holidays, the amount of hours of parking per
month will be prorated accordingly.
A. Annual Adjustment of Monthly Fees. Should the actual hours of parking
utilized by hotel patrons exceed 180,000 hours per year (15,000 hrs/month
X 12 months), Plaza Towers will annually pay the City for any excess
hours of parking, at the hourly rate in effect at the end of the annual 12
month period. Any fee for a partial month shall be a prorated portion of the
monthly fee.
B. Actual Hours of Hotel Patron Parking. The City agrees to provide Hotel
patron parking usage figures monthly and a final full year report within 45
days after the end of each hotel operation year. Plaza Towers shall have the
right to audit the hotel guest parking usage figures provided by the City.
C. Computation Formulas:
1. Monthly fee:
(25 parking spaces) X (monthly permit rate in effect at the time
calculation is made) = monthly fee
2. Annual adjustment of monthly fees:
a. (actual hours of hotel patron parking) - (180,000 hours) =
excess hours of parking.
b. If excess hours of parking is positive:
(Excess hours of parking) X (Hourly rate in effect at end of
year) = Annual adjustment.
c. If excess hours of parking is negative, for the first year, or any
portion of the calendar year between the opening of hotel
operations and the following July 1, only: that negative amount
of hours will be carded over to the second year and added to the
55
annual hour base of 180,000 hours to be used in the computation
of the annual adjustment of monthly fees for the second year.
D. Payment Due Date. Plaza Towers agrees to pay the monthly fee by the 15th
of the following month and the annual adjustment with 45 days after the
annual, 12-month period.
E. Renegotiation. The computation formulas listed in Section I-C are subject
to renegotiation should daily parking demand necessitate the removal of
permit parking in the Dubuque Street Parking Ramp.
F. Contract Year. City and Plaza Towers agree that "contract year" shall be
consistent with the City's fiscal year, and shall, as of July 1 immediately
following the first full month of hotel operations, run from July 1, to June
30 of the following year, and that the contract year is one and the same as
the 'annual 12-month period' referred to in this Exhibit "G.I". City shall
not increase the monthly permit rate in effect under this agreement more
often than once every contract year. For purposes of this Agreement,
'monthly permit rate in effect" shall mean the lowest monthly contract
parking rate available to the general public at any of the City's parking
ramps, which is the Dubuque Street parking ramp at the date of the signing
of this agreement.
II. FACILITY, HOTEL, RESTAURANT EMPLOYEES
Parking will be provided as available to the general public at the normal rates.
56
EXHIBIT H
MINIMUM ASSESSMENT AGREEMENT - PLAZA TOWERS
THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this
day of ,20 , by and among the CITY OF IOWA
CITY,
IOWA, ("City"), PLAZA TOWERS, L.L.C., an Iowa limited liability corporation,
"Redeveloper"), and the CITY ASSESSOR of the City of Iowa City, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City and Redeveloper have entered
~nto an Agreement for the Sale of Land for Private Development ("Agreement")
regarding certain real property located in the City; and
WHEREAS, it is contemplated that pursuant to said Agreement, the Redeveloper
will undertake the development of an area ("Project") within the City and within the
"Central Business District Urban Renewal Area"; and
WHEREAS, the City is making a significant grant of funds to the Redeveloper
which will allow the Redeveloper to construct the Project; and
WHEREAS, the City will be reimbursed for such grant from the property tax
revenues generated from the Project and the other development which the Redeveloper is
presently constructing within the Central Business District Urban Renewal Area (the
"Vogel Property"); and
WHEREAS, pursuant to Iowa Code section 403.6 (2001), as amended, the City
and the Redeveloper desire to establish a minimum actual value for the land to be
conveyed by the City to the Redeveloper pursuant to the Agreement; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the "Minimum Improvements" which it is contemplated will be erected
as a part of the development;
NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in
consideration of the promises, covenants and agreements made by each other, do hereby
agree as follows:
1. As of January 1, 2005 a partial assessment shall be made fixing the
minimum actual taxable value for assessment purposes for the land and "Minimum
57
Improvements" to be constructed thereon by the Redeveloper at not less than
$10,527,000 after taking into consideration any factors such as "roll backs" which would
reduce the taxable value of the property ("Minimum Actual Value").
2. As of January 1, 2006 a full assessment shall be made fixing the minimum
actual taxable value for assessment purposes for the land and "Minimum Improvements"
to be constructed thereon by the Redeveloper at not less than $22,265,000 after taking
into consideration any factors such as "roll backs" which would reduce the taxable value
of the property ("Minimum Actual Value"). The parties hereto acknowledge and agree
that construction of the "Minimum Improvements" will be substantially completed on or
before November 1, 2005.
3. The Redeveloper recognizes that the grant to the Redeveloper pursuant to
the Agreement is conditional upon sufficient property taxes being generated by this
Project and the Vogel Property to repay the costs of the bonds issued to make such grant.
The City will need property taxes from the Project in the amounts and at the times set
forth in Schedule Y to this Minimum Assessment Agreement. If for any reason the
property taxes are less than the amount set forth on Schedule Y for any fiscal year, the
assessor shall increase the assessed value of the Project for the next fiscal year in an
amount to cover such property tax deficiency.
4. The Redeveloper contemplates that a portion of the Project will be
residential condominium units which will be subject to the property tax "roll-back"
referred to previously. The Redeveloper agrees that at the time of the execution of the
declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code
of Iowa 2001 an attachment to the declaration will be executed by the Redeveloper, the
City and the city assessor allocating a portion of the Minimum Actual Value to each unit.
5. The Redeveloper agrees that the difference between the $22,265,000
Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) and the amount
allocated to the residential condominium units (as set forth in paragraph 4 hereof) will be
allocated to the remainder of the Project.
6. The Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof)
herein established shall be of no further force and effect and this Minimum Assessment
Agreement shall terminate twenty years from the issuance of the bonds or when the
bonds are paid off, whichever is earlier. If prior to the expiration of the Minimum
Assessment Agreement for the Project, the combined property tax revenue from the
Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of
the bonds as set forth on the schedule attached hereto and the schedule attached to the
Minimum Assessment Agreement for the Vogel Property, then the Redeveloper may take
advantage of any roll-backs in valuation attributable to the Vogel Property and the
Project to the extent of the excess property tax revenue attributable to the Project and the
58
Vogel Property. If prior to the expiration of the Minimum Assessment Agreement for the
Project, the combined property tax revenue from the Project and the Vogel Property
exceeds the amount of cash necessary to cover the cost of the bonds as set forth on the
schedule attached hereto and the schedule attached to the Minimum Assessment
Agreement for the Vogel Property, then the Redeveloper may seek a reduction in the
assessed value of the Project and the Vogel Property to the extent of the excess property
tax revenue attributable to the Project and the Vogel Property.
Nothing herein shall be deemed to waive the Redeveloper's rights under Iowa
Code section 403.6(19) (2001), as amended, to contest that portion of any actual value
assignment made by the Assessor in excess of the Minimum Actual Value (as adjusted
pursuant to paragraph 3 hereof) established herein. In no event, however, except as set forth
in the first paragraph of this Section 6 shall the Redeveloper seek to reduce the actual
value assigned below the Minimum Actual Value (as adjusted pursuant to paragraph 3
hereof) established herein during the term of this Agreement.
7. This Minimum Assessment Agreement shall be promptly recorded by the
Redeveloper with the Recorder of Johnson County, Iowa. The Redeveloper shall pay all
costs of recording.
8. Neither the preambles nor provisions of this Minimum Assessment
Agreement are intended to, or shall be construed as, modifying the terms of the
Agreement for the Improvement and Sale of Land for Private Redevelopment between
the City and Redeveloper.
9. This Minimum Assessment Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties.
(SEAL) CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
By:
Marian K. Karr, City Clerk
59
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
ATTEST:
By:
Michael Moen, Secretary
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this __ day of ,20 , before me a Notary Public in
and for said County, personally appeared Emest W. Lehman and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this day of ,20 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen, to
me personally known, who being by me duly sworn, did say that he is the President of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by the limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Marc B. Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
60
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this day of ,20 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael Moen, to
me personally known, who being by me duly sworn, did say that he is the Secretary, of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by the limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Michael Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
61
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the "Minimum
Improvements" to be constructed and the market value assigned to the land upon which
the "Minimum Improvements" are to be constructed for the development, and being of
the opinion that the minimum market value contained in the foregoing Minimum
Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor, being legally responsible for the assessment of the property subject to the
development, upon completion of "Minimum Improvements" to be made on it and in
accordance with the Minimum Assessment Agreement, certifies that the actual value
assigned to such land, building and equipment upon completion of the redevelopment
shall not be less than Twenty-Two Million Two Hundred Sixty-Five Thousand Dollars
($22,265,000 after taking into consideration any factors such as "roll-backs" which
would reduce the taxable value of the property.
Assessor for Iowa City, Iowa
Date
STATE OF IOWA )
)
COUNTY OF JOHNSON )
Subscribed and sworn to before me by _,
Assessor for Iowa City, Iowa.
Notary Public in and for Johnson
County, Iowa
Date
62
SCHEDULE Y
Plaza Towers Minimum Assessment Valuation of $22,265,000
Partial assesment begins on 1/1/05($10,000,000 valuation)
Full assessment begins on 1/1/06
Millage rate of $28.50 per thousand
Tax Estimated
collection
date taxes revenue
9/3O/2002 $
3/31/2003 $
9/30/2003 $
3/31/2004 $
9/30/2004 $
3/31/2005 $
9/30/2005 $
3/31/2006 $
9/30/2006 $ 142,500
3/31/2007 $ 142,500
9/30/2007 $ 317,276
3/31/2008 $ 317,276
9/30/2008 $ 317,276
3/31/2009 $ 317,276
9/30/2009 $ 317 276
3/31/2010 $ 317 276
9/30/2010 $ 317 276
3/31/2011 $ 317276
9/30/2011 $ 317 276
3/31/2012 $ 317 276
9/30/2012 $ 317 276
3/31/2013 $ 317 276
9/30/2013 $ 317 276
3/31/2014 $ 317 276
9/30/2014 $ 317 276
3/31/2015 $ 317 276
9/30/2015 $ 317,276
3/31/2016 $ 317,276
9/30/2016 $ 3t7,276
3/31/2017 $ 317,276
9/30/2017 $ 317 276
3/31/2018 $ 317 276
9/30/2018 $ 317 276
3/31/2019 $ 317 276
9/30/2019 $ 317 276
3/31/2020 $ 317 276
9/30/2020 $ 317 276
3/31/202'1 $ 317 276
9/30/2021 $ 317,276
3/31/2022 $ 317 276
9/30/2022 $ 317 276
3/31/2023 $ 317,276
$10,437,840
EXHIBIT H
MINIMUM ASSESSMENT AGREEMENT
VOGEL PROPERTY
THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this
day of ,20 , by and among the CITY OF IOWA CITY,
IOWA, ("City"), PLAZA TOWERS, L.L.C., an Iowa limited liability company,
("Redeveloper"), Marc Moen, Monica Moen and Michael Moen (Owners of the Vogel
Property) and the CITY ASSESSOR of the City of Iowa City, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City, Redeveloper and Owners of the
Vogel Property have entered into an Agreement for the Sale of Land for Private
Development ("Agreement") regarding certain real property located in the City; and
WHEREAS, it is contemplated that pursuant to said Agreement, the Redeveloper
will undertake the development of an area ("Project") within the City and within the
"Central Business District Urban Renewal Area"; and
WHEREAS, the City is making a significant grant of funds to the Redeveloper
which will allow the Redeveloper to construct the Project; and
WHEREAS, the City will be reimbursed for such grant from the property tax
revenues generated from the Project and another development presently being
constructed within the Central Business District Urban Renewal Area (the "Vogel
Property"); and
WHEREAS, as an inducement to the City to enter into the Agreement, the Owners
of the Vogel Property have agreed to enter into this Minimum Assessment Agreement;
and
WHEREAS, pursuant to Iowa Code section 403.6 (2001), as amended, the City
and the Owners of the Vogel Property desire to establish a minimum actual value for the
land and the "Minimum Improvements" which are being erected on the Vogel Property
(legally described on Schedule W hereto);
NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in
consideration of the promises, covenants and agreements made by each other, do hereby
agree as follows:
64
1. As of January 1, 2003 a full assessment shall be made of the Vogel
Property fixing the minimum actual taxable value for assessment purposes for the land
and "Minimum Improvements" being constructed thereon at not less than $3,000,000
after taking into consideration any factors such as "roll backs" which would reduce the
taxable value of the property ("Minimum Actual Value"). The parties hereto
acknowledge and agree that construction of the "Minimum Improvements" will be
substantially completed on or before December 31, 2002.
2. The Owners of the Vogel Property recognize that the grant to the
Redeveloper pursuant to the Agreement is conditional upon sufficient property taxes
being generated by the Project and the Vogel Property to repay the costs of the bonds
issued to make such grant. The City will need property taxes from the Vogel Property in
the amounts and at the times set forth in Schedule X to this Minimum Assessment
Agreement. If for any reason the property taxes are less than the amount set forth on
Schedule X for any fiscal year, the assessor shall increase the assessed value of the
Project on the remainder of the Vogel Property for the next fiscal year in an amount to
cover such property tax deficiency.
3. The Owners of the Vogel Property contemplate that a portion of the Vogel
Property will be residential condominium units which will be subject to the property tax
"roll-back" referred to previously. The Owners of the Vogel Property agree that before
the earlier of (a) the sale of any residential condominium unit or (b) July 31, 2002, an
agreement will be executed by the Owners of the Vogel Property, the City and the city
assessor allocating a portion of the Minimum Actual Value to each unit.
4. The Redeveloper agrees that the difference between the $3,000,000
Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof) and the amount
allocated to the residential condominium units (as set forth in paragraph 3 hereof) will be
allocated to the remainder of the Vogel Property.
5. The Minimum Actual Value (as adjusted pursuant to paragraph 2 hereof)
herein established shall be of no further force and effect and this Minimum Assessment
Agreement shall terminate twenty years from the issuance of the bonds or when the
bonds are paid off, whichever is earlier. If prior to the expiration of the Minimum
Assessment Agreement for the Vogel Property, combined property tax revenue from the
Project and the Vogel Property exceeds the amount of cash necessary to cover the cost of
the bonds as set forth on the schedule attached hereto and to the Minimum Assessment
Agreement for the Project, then the Owners of the Vogel Property may take advantage of
any roll-backs in valuation attributable to the Vogel Property and the Project to the extent
of the excess property tax revenue attributable to the Project and the Vogel Property. If
prior to the expiration of the Minimum Assessment Agreement for the Vogel Property,
the combined property tax revenue from the Project and the Vogel Property exceeds the
amount of cash necessary to cover the cost of the bonds as set forth on the schedule
65
attached hereto and to the Minimum Assessment Agreement for the Project, then the
Owners of the Vogel Property may seek a reduction in the assessed value of the Vogel
Property to the extent of the excess property tax revenue attributable to the Project and
the Vogel Property.
Nothing herein shall be deemed to waive the rights of the Owners of the Vogel
Property under Iowa Code section 403.6(19) (2001), as amended, to contest that portion
of any actual value assignment made by the Assessor in excess of the Minimum Actual
Value (as adjusted pursuant to paragraph 2 hereof) established herein. In no event,
however, except as set forth in the first paragraph of this Section 5 shall the Owners of
the Vogel Property seek to reduce the actual value assigned below the Minimum Actual
Value (as adjusted pursuant to paragraph 2 hereof) established herein during the term of
this Minimum Assessment Agreement.
6. This Minimum Assessment Agreement shall be promptly recorded by the
Redeveloper or the Owners of the Vogel Property with the Recorder of Johnson County,
Iowa. The Redeveloper or the Owners of the Vogel Property shall pay all costs of
recording.
7. Neither the preambles nor provisions of this Minimum Assessment
Agreement are intended to, or shall be construed as, modifying the terms of the
Agreement for the Improvement and Sale of Land for Private Redevelopment between
the City and Redeveloper.
8. This Minimum Assessment Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties.
(SEAL) CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
By:
Marian K. Karr, City Clerk
66
PLAZA TOWERS, L.L.C.
By:.
Marc B. Moen, President
ATTEST:
By:
Michael Moen, Secretary
FOR THE VOGEL PROPERTY
By:
Marc B. Moen
By:
Michael Moen
By:
Monica Moen
67
STATE OF IOWA )
)ss
COUNTY OF JOHNSON )
On this day of _, 20 , before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instnunent to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of , 20 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen, to
me personally known, who being by me duly sworn, did say that he is the President of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by the limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Marc B. Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF POLK )
On this day of , 20 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael M0en, to
me personally known, who being by me duly swom, did say that he is the Secretary of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by the limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Michael Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
68
STATE OF IOWA )
) SS.
COUNTY OF JOHNSON )
On this day of , ., before me, the undersigned, a
Notary Public in and for said State, personally appeared Marc Moen, to me know to be
the person named in and who executed the foregoing instrument, and acknowledged that
he executed the same as his voluntary act and deed
Notary Public
STATE OF IOWA )
COUNTY OF JOHNSON )
On this .day of , ~, before me, the undersigned, a
Notary Public in and for said State, personally appeared Monica Moen, to me know to be
the person named in and who executed the foregoing instrument, and acknowledged that
she executed the same as her voluntary act and deed
Notary Public
STATE OF IOWA )
) SS.
COUNTY OF JOHNSON )
On this day of , ., before me, the undersigned, a
Notary Public in and for said State, personally appeared Michael Moen, to me know to be
the person named in and who executed the foregoing instrument, and acknowledged that
he executed the same as his voluntary act and deed
Notary Public
69
Schedule W
Vogel Property
Commencing at the Northeast comer of Block 66 in Iowa City, according to the recorded
plat thereof, thence West along Iowa Avenue 45 feet, thence South 69 feet, thence East
45 feet to Linn Street, thence North along Linn Street 69 feet to the point of beginning.
70
SCHEDULE X
Vogel House Minimum Assessment Valuation of $3,000,000
Assesment begins on 1/1/03
Millage rate of $28.50 per thousand
Tax Estimated
collection taxes
date revenue
9/30/2002 $
3/31/2003 $
9/30/2003 $
3/31/2004 $
9/30/2004 $ 42,750
3/31/2005 $ 42,750
9/30/2005 $ 42,750
3/31/2006 $ 42,750
9/30/2006 $ 42,750
3/31/2007 $ 42,750
9/30/2007 $ 42,750
3/31/2008 $ 42,750
9/30/2008 $ 42,750
3/31/2009 $ 42,750
9/30/2009 $ 42,750
3/31/2010 $ 42,750
9/30/2010 $ 42,750
3/31/2011 $ 42,750
9/30/2011 $ 42,750
3/31/2012 $ 42,750
9/30/2012 $ 42,750
3/31/2013 $ 42,750
9/30/2013 $ 42,750
3/31/2014 $ 42,750
9/30/2014 $ 42,750
3/31/2015 $ 42,750
9/30/2015 $ 42,750
3/31/2016 $ 42,750
9/30/2016 $ 42,750
3/31/2017 $ 42,750
9/30/2017 $ 42,750
3/31/2018 $ 42,750
9/30/2018 $ 42,750
3/31/2019 $ 42,750
9/30/2019 $ 42,750
3/31/2020 $ 42,750
9/30/2020 $ 42,750
3/31/2021 $ 42,750
9/30/2021 $ 42,750
3/31/2022 $ 42,750
9/30/2022 $ 42,750
3/31/2023 $ 42,750
$1,624,500
71
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the "Minimum
Improvements" being constructed and the market value assigned to the land upon which
the "Minimum Improvements" are being constructed for the development, and being of
the opinion that the minimum market value contained in the foregoing Minimum
Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor, being legally responsible for the assessment of the property subject to the
development, upon completion of "Minimum Improvements" to be made on it and in
accordance with the Minimum Assessment Agreement, certifies that the actual value
assigned to such land, building and equipment upon completion of the redevelopment
shall not be less than Three Million Thousand Dollars ($3,000,000) after taking into
consideration any factors such as "roll-backs" which would reduce the taxable value of
the property.
Assessor for Iowa City, Iowa
Date
STATE OF IOWA )
)
COUNTY OF JOHNSON )
Subscribed and sworn to before me by ,
Assessor for Iowa City, Iowa.
Notary Public in and for Johnson
County, Iowa
Date
72
EXHIBIT I
MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT
WHEREAS, the City of Iowa City, Iowa (the "City") and Plaza Towers, L.L.C.
(the "Redeveloper"), did on or about the day of ,20 , make, execute
and deliver an Agreement for The Improvement and Sale of Land for Private
Redevelopment (the "Agreement") , wherein and whereby the Redeveloper agreed, in
accordance with the terms of the Agreement and the Iowa City Urban Renewal Plan (the
"Plan"), to develop certain real property located within the City and within the Iowa City
Area Urban Renewal Project Area and as more particularly described as follows:
Beginning at the Northeast comer of Block 64, Original Town, Iowa City, Iowa;
thence S00°07'00"E, along the East line of said Block 64, a distance of 196.48
feet to the Southeast comer of an amended easement agreement recorded in Book
725 at Page 327 in the Office of the Johnson County Recorder and the Northeast
Comer of the City of Iowa City parking ramp; Then S89°51'17"W, along the
Southerly line of said amended easement agreement and the Northerly building
face of said parking ramp, 20.04 feet; Thence S00°04' 14"W, along said Southerly
line and said Northerly building face, 3.30 feet; Thence N89°55'47"W, along said
Southerly line and said Northerly building face, 201.95 feet, to the Southeast
comer of a parcel of land recorded in Book 1320 at Page 5 in said Recorder's
Office; Thence N00°07'00"W, along the Easterly line of said parcel 199.54 feet to
the Northeast comer of said parcel; Thence N89°25'20"E, along the North line of
said Block 64, a distance of 220.00 feet to said Point of Beginning. Said parcel
contains 1.02 acres and is subject to easements and restrictions of record.
(the "Property"); and
WHEREAS, the term of this Agreement shall commence on the __ day of
20 and terminate on the 1st day of 20 , unless
otherwise terminated as set forth in the Agreement; and
WHEREAS, the City, and the Redeveloper desire to record a Memorandum of the
Agreement referring to the Redevelopment Property and their respective interests therein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That the recording of this Memorandum of Agreement for The
Improvement and Sale of Land for Private Redevelopment shall serve as notice to the
public that the Agreement contains provisions restricting Redevelopment and use of the
73
Redevelopment Property and the improvements located and operated on such
Redevelopment Property, and further subjects the Redevelopment Property to a
Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter
403, in which the City and the Redeveloper (and any successors or assigns) agree that the
minimum actual value of the Redevelopment Property and all improvements located
thereof for calculation of real property taxes shall be not less than Twenty-Two Million
Two Hundred Sixty-Five Thousand Dollars ($22,265,000) after taking into consideration
any factors such as "roll-backs" which would reduce the taxable value of the property.
2. That all of the provisions of the Agreement and any subsequent
amendments thereto, if any, even though not set forth herein, are by the filing of this
Memorandum of Agreement for The Improvement and Sale of Land for Private
Redevelopment made a part hereof by reference, and that anyone making any claim
against any of said Property in any manner whatsoever shall be fully advised as to all of
the terms and conditions of the Agreement, and any amendments thereto, as if the same
were fully set forth herein.
3. That a copy of the Agreement and any subsequent amendments thereto if
any, shall be maintained on file for public inspection during ordinary business hours in
the office of the City Clerk, City Hall, Iowa City, Iowa.
IN WITNESS WHEREOF, the City and the Redeveloper have executed this
Memorandum of Agreement for The Improvement and Sale of Land for Private
Redevelopment as of the __ day of 20
(SEAL)
CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
By:
Marian K. Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
ATTEST:
By:
Michael Moen, Secretary
74
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this day of _, 20~, before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instTument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of _, 20~, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Marc B. Moen, to
me personally known, who being by me duly sworn, did say that he is the President of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by said limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Marc B. Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF POLK )
On this day of ., 20__, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael Moen, to
me personally known, who being by me duly sworn, did say that he is the Secretary of Plaza
Towers, L.L.C., an Iowa limited liability company, executing the within and foregoing
instrument to which this is attached, and that no seal has been procured by said limited liability
company; that said instrument was signed on behalf of the limited liability company by authority
of its members; and that Michael Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
75
EXHIBIT J
OPINION OF COUNSEL
City of Iowa City
Iowa City, Iowa
RE: Agreement for Private Redevelopment by and between the City of Iowa
City, Iowa and Plaza Towers, L.L.C.
City Representatives:
We have acted as counsel for Plaza Towers, L.L.C., an Iowa limited liability
company (the "Company"), in connection with the execution and delivery of a certain
Agreement for The Improvement and Sale of Land for Private Redevelopment (the
"Redevelopment Agreement") between the Company and the City of Iowa City, Iowa
(the "City") dated as of ., 20__.
We have examined the original certified copy, or copies otherwise identified to
our satisfaction as being true copies, of the following:
(a) The organization and operating agreement of the Company;
(b) Resolutions of the Company at which action was taken with respect
to the transactions covered by this opinion;
(c) The Redevelopment Agreement;
and such other documents and records as we have deemed relevant and necessary as a
basis for the opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as
we have deemed appropriate, we are of the opinion that:
1. The Company has been duly organized and is validly existing as a limited
liability company under the laws of the State of Iowa and is qualified to do business in
the State of Iowa. The Company has full power and authority to execute, deliver and
perform in full the Redevelopment Agreement; and the Redevelopment Agreement has
been duly and validly authorized, executed and delivered by the Company and, assuming
due authorization, execution and delivery by the City, is in full force and effect and is a
valid and legally binding instrument of the Company enforceable in accordance with its
76
terms, except as the same may be limited by bankruptcy, insolvency, reorganization or
other laws relating to or affecting creditors' rights generally.
2. The execution, delivery and performance by the Company of the
Redevelopment Agreement and the carrying out of the terms thereof, will not result in
violation of any provision of, or in default under, the articles of organization and
operating agreement of the Company or any indenture, mortgage, deed of trust,
indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to
which the Company is a party or by which it or its property is bound or subject.
3. There are no actions, suits or proceedings pending or threatened against or
affecting the Company in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business (present or prospective), financial
position or results of operations of the Company or which in any manner raises any
questions affecting the validity of the Agreement or the Company's ability to perform its
obligations thereunder.
Very truly yours,
77
CO9.TXT
CERTIFICATE
STATE OF IOWA )
)SS
CITY OF IOWA CITY )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a tree and complete copy of the portion of the records of said City Council showing
proceedings of the City Council, and the same is a true and complete copy of the action
taken by said City Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the City Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the City Council (a copy of the face sheet of said
agenda being attached hereto) pursuant to the local rules of the City Council and the
provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public
and media at least twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully
possessed of their respective offices as indicated therein, that no vacancy existed except
as may be stated in said proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization, existence or boundaries of
the City or the right of the individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said City hereto affixed this [ ~ day of
~"'~ t. ~a ,2002.
City C'lm'k, Iowa City, Iowa
KGOODPASTER~330579\ 1 \10714.068
/7
IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, and the Redeveloper has caused this to be duly
executed in its name and behalf by its authorized representative,, of the day first
above written.
(SEAL) CITY OF IOWA IOWA
By:
Ernest W.
ATTES~
By:
K. Karr, City Clerk
L.L.C.
Marc B. Moen, President
ATTEST:
B
FOR PROPERTY
By:
Michael Moen
Monica Moen
33
STATE OF IOWA )
)ss
COUNTY OF JOHNSON )
On this day of ., 20__, before me, the
undersigned, Public in and for the Statepersonally appeared Marc B.
Moen, to me known, who being by duly sworn, did say that he is the
President of Plaza L.L.C., an Iowa liability company, executing the
within and foregoing to which is attached, and that no seal has been
procured by tbility company;instrument was signed on behalf of
the limited liability by its members; and that Marc B. Moen as
officer acknowled instrument to be the voluntary act
and deed, it and by him voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA
COUNTY OF POLK
On this day of ,20__, before me, the
undersigned, a Notary ~lic in and for the of Iowa, personally appeared Michael
Moen, to me known, who being duly sworn, did say that he is the
Secretary of Plaza L.L.C., an Iowa lin/ited liability company, executing the
within and fore instrument to which this is attached, and that no seal has been
procured by said limited liability company; that said instrument was signed on behalf of
the limited liability eompany by authority of its members; and that Michael Moen as
officer acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the limited liability company, by it and by hi~n voluntarily executed.
Notary Public in and for the State of Iowa
35
STATE OF IOWA )
) SS.
JOHNSON )
On this of ., ., before me undersigned, a
Notary Public in for said State, personally appeared Marc M to me know to be
the person named the foregoing that
he executed the same his voluntary act and deed
Notar,
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this .day of ., before me, the undersigned, a
Notary Public in and for said State, pers~ appeared Monica Moen, to me know to be
the person named in and who execute~ instrument, and acknowledged that
she executed the same as act
Public
STATE OF IOWA )
COUNTY OF JOHN'~ )
On this day of , , before the undersigned, a
Notary Public said State, personally appeared Michael to me know to be
the person and who executed the foregoing instrument, acknowledged that
he executed tisame as his voluntary act and deed
Notary Public
36
/?
EXHIBIT B ///~
/
/
AGREEMENT
FOR //
MPROVEMENT AND SALE OF
and Between
THE IOWA
PLAZA L~
And
MARC MOEN, MOEN, & MIC~{AEL MOEN
Exhibit A Map of Urban Renewal Area
Exhibit B Legal Description of Urban Renewal Area
Exhibit C Redeveloper's Proposal
Exhibit D Minimum Improvements and Uses
Exhibit E Legal Description of Redevelopment Property and Vogel
Exhibit F Public Ae,cess Easement Agreements
Exhibit G Off-Site Parking Agreement
Exhibit H Minimum ASSessment Agreements for Property and Vogel
Property
Exhibit I Memorandum of'Agreement
Exhibit J Opinion of Counseh}
INTRODUCTION
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AGREEMENT FOR, IMPROVEMENT AND SALE OF LAND
REDEVELOPMENT is by and between the City of Iowa City, Ij~a, a
i K,("City"), established pursuant to the Code of Iowa of the State of}6wa and
acting r't~q¢ authorization of Iowa Code Chapter 403 (2001), as amended, ("Urban
Renewal Act")x ~d Marc Moen, Monica Moen and Michael Moen, comprising Plaza
Towers, L.L.C., ih'Xreinafler referred to as "Redeveloper"), a limited liabiJ,ity corporation
organized u ~der the of the State of Iowa and having an office for/the transaction of
business at 123 N. Street, Iowa City, Iowa and Marc Moen,,.Monica Moen and
Michael Moen for ses of being obligated under the tervj~ of the Minimum
Assessment Agreement Vogel Property being executed a6ursuant hereto. This
agreement outlines the conditions, and the relative ri ;ponsibilities of
the City and the Redeveloper the redevelopment of the in downtown Iowa
City known as Parcel 64-1a, renewal parcel.
WITNESSETH:
WHEREAS, in furtherance of the ectives Urban Renewal Act, the City
has undertaken a program for the clearance or rehabilitation of certain
areas in the City and has undertaken an area in the City; and
WHEREAS, on October 2, 1969, the Jity City Council adopted Resolution
No. 2157 approving the City-University Renewal Plan (Project No. IA
R-14), (the "Urban Renewal Plan"), plan modified and amended from
time to time;
WHEREAS, said Plan was for the Business District ("Project
Area") which is shown on Exhibit "B"; and
WHEREAS, a Urban Renewal Plan as consti~t[ted on the date of this
Agreement has among the land records in the offi~,9 of the Recorder of
Johnson County, Iowa;
WHEREAS. Urban Renewal Plan permits the City"x,,to respond to
when they may appear; and ',,
~n response to the City's request for proposals for redev'~lopment of
the subject the Redeveloper submitted a private redevelopment propQsal titled
"Plaza which proposal consists of conference facilities, hote~t,, suites,
units and specified commercial space, including a grocer~,store,
all as on the Redeveloper's proposal, attached as Exhibit "C" (hereinafter,Xx"the
and the description of Minimum Improvements and Uses, attached as ExhXi~it
3
WHEREAS, the City has determined the Project is consistent with and authorized
Urban Renewal Plan and all applicable State and federal laws, including but not
[ to Iowa Code Chapters 15A and 403; and
~, as part of the Project the City has offered to sell and the P~eveloper
is willin purchase certain real property located in the Project AKa as more
particularly cribed in Exhibit "E" annexed hereto and made a part heregf ("Property");
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and
WHEREA Redeveloper is willing to develop or caus~Property to be
developed for and in with the uses specified in the Renewal Plan and
in accordance with by constructing the Project and incorporating
the uses outlined in and the
NOW, consideration of the premise the mutual obligations
of the parties hereto, each does hereby agree with the other as
follows:
PART I
Section 1. Construction and'
The Redeveloper's construction 64-1a will consist of a multi-use
structure generally consistent with the proposal shown on Exhibit "C" as
submitted by the Redeveloper on August in response to the City's Request for
Proposals to Purchase Urban Renewal -la for a Private Redevelopment Project
and as described more fully on Improvements and Uses). The
Redeveloper hereby commits to a a minimum total of $22,265,000
in construction costs,
The alley south of the proj, site shall way with appropriate signage
provided by the City. The be kept clear at times and an 18-foot overhead
clearance shall be maintained, alley shall remain and the City may enforce all
applicable parking and traffic within said alley, ey may be used for the site
of the drive-up book drop theIowa City Public The City shall provide
surface maintenance on alley,however, the Redevelopc~ and the owners of the
adjacent hotel property the Sheraton) shall be responsible for clearing the alley
of any snow, ice A public access easement fi'sx set forth on Exhibit F
shall be provided surface parking at the south end of th~project site.
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Section 2. Representations and Warranties of Redeveloper?.,, The Redeveloper
makes the and warranties: ,,
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(1) ? ....Redeveloper is a limited liability company duly organ~ed under the
laws of thfl/State of Iowa, has power to enter into this Agreement and to perform its
obligations hereunder, and is not in violation of any provisions of its articles of
organization, operating agreement, any other agreement or the laws of the State of Iowa.
(2) The Redeveloper has the full power and authority to execute//this
n and this Agreement shall constitute the legal, valid and binding oblig~ion of
the ~ l~per in accordance with its terms, and the consent of no other/party is
for the execution and delivery of this Agreement by the Redevel/~er or the
~f the transaction contemplated hereby. /
(3) making and performance of this Agreement b> the
execution and of the documents to be delivered by the Der pursuant
hereto, have authorized by all necessary action of the and this
Agreement and will be valid and binding obligations Redeveloper
enforceable ' with their terms.
(4) The to be constructed,
operated and maintained with the terms of this the Urban
Renewal Plan and all local and federal laws and re (including, but not
limited to, environmental, energy conservation, code and public health
laws and regulations), except variances necessary construct the Minimum
Improvements contained in any ans a the City.
(5) The Redeveloper will ; best efforts or cause to be obtained,
in a timely manner, and will meet, in a
timely manner, all requirements of all 31e local and federal laws and
regulations which must be obtained or met may be
lawfully constructed. The Redeveloper's work with the City's staff Design
Review Committee on the final designs of the :. The Design Review Committee
will ultimately approve or disapprove a of the building. This agreement
is contingent on the Redeveloper's Architect an ?s staff Design Review
Committee reaching agreement on the the building.
(6) The execution and the consummation of the
transactions contemplated hereby, and fulfillment of compliance with the terms
and conditions of this Agreement are by, in conflict with, or
result in a breach of, the terms, or provisions of contractual restriction,
evidence of indebtedness, or instrument of nature to which the
Redeveloper is now a party or b is bound, nor do the'
any of the foregoing.
(7) The Redeve3o/per will spend enough in construction oXf~the Minimum
Improvements, when c/ffmbined with the val,ue of the Property an~ related site
improvements, to equ~ or exceed the Assessors Minimum Actual forth in
Section 8 of this A~gg.ee.men~t. The Redeveloper estimates that the Assessor'~xMinimum
Actual Value set/forth in Section 8 of this Agreement is a reasonable estima't,e of the
actual value for~d valorem tax purposes.
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(8) The Redeveloper has not received any notice from any local, state or
official that the activities of the Redeveloper with respect to the Property may or
be in violation of any environmental law or regulation (other than those notices, if
)f which the City has been notified). The Redeveloper is not aware of any S/rate or
claim filed or planned to be filed by any party relating to any violatigff of any
local, or federal environmental law, regulation or review procedure5, and the
is not aware of any violation of any local, State or federal law~qegulation or
review which would give any person a valid claim under any ~tate or federal
(9) i commitments which the Redeveloper wi/}(proceed with due
diligence to obtain ~: e acquisition or construction of the Mi~mum Improvements
will be sufficient to ~ ,' the Redeveloper to successfully c~mplete the Minimum
Improvements as c on t Ied in this Agreement. Redeveloper/will obtain all financing
commitments necessary: 4~he construction of the Minimun)/Improvements by July 1,
2003, and provide a cop y~ of s'~h commitments to the City ~j such date. This agreement
is contingent upon R~ [eve lo r obtaining financing/upon terms and conditions
satisfactory to Redeveloper. In tI~ event such financing/is no.t.obtained by Redeveloper
by July 1, 2003, 1~ edeveloper st all 1~right to te~inate this agreement.
(10) The Redeveloper will full~ with the City and the owner of the
property contiguous to the subject of any traffic, parking, trash
removal, public safety or any other may arise in connection with the
construction and operation of the Improvements. The Redeveloper will
coordinate staging for construction of theImprovements with the contractor
for the Public Library project.
Section 3. Purchase Price.
Subject to all the term covenants and of this Redevelopment
Agreement, the City will sell Property to the and the Redeveloper
will purchase the Property the City and pay the amount of $250,000 (the
Purchase Price), the Cit) available funds at closing.
Section 4. of Property.
(a) The City shall convey to the Redevelop,er title to the
~ Deed ("Deed"). Such conveyance and title shallX, xin addition to all
conditions, and restrictions set forth or referred to elsewhere'i~, this
A ect to all conditions, covenants and restrictions contai~ted in the Urban
Renewal ".~
Recordation of Deed. The Redeveloper shall promptly file tl~ Deed for
among the land records in the office of the Recorder of Johnsohx.County,
6
Igwa. The Redeveloper shall pay all costs for so recording the Deed and a Memorandum
o~greement provided for in Section 805.
X(xc) Abstract of Titl~e. The City, at its expense, shall provide an S of
Title on'q~e subject property continued through August 31, 2003, for exa] nin~ ~ ' the
Redevelop'~. The City shall deliver said Abstract to Redeveloper by ~,1~ir 15,
2003, after ¥~ich the Redeveloper shall have thirty (30) calendar days t~: 'exam~ne same
and issue a p~iminary title opinion. The Abstract shall become g')roperty of the
Redeveloper at thg time of delivery of the Deed for the parcel, and ch Abstract shall
show good and m&~hantable title in the City in conformity with Agreement, Iowa
Law, and the Title Standards of the Iowa State Bar Association,shall show title free
and clear of all taxes, e~umbrances, easements, covenants, and restrictions,
except as otherwise agreb4, to herein, which shall be of Redeveloper
after examination of the ,stract of title and review ot terms of any
easements and restrictions, :luding but not limited ordinances, existing
easements, restrictions or rese including but no to, those established by
the Urban Renewal Plan. of the Ab of Title by the Redeveloper,
the Abstract of Title shall be by the City delivery of the Deed to the
Redeveloper for the subject parcel.
Section 5. Time for and Completion of Minimum
Improvements.
The construction of the Project and Improvements referred to in Section
301 of Part II hereof shall commence November 1, 2003, and shall be
completed on or before November 1, 2~
Section 6. Time for Certain Actions.
(a) Progress ~orts for of Construction Redeveloper
will keep the City informed re the status of theby responding to inquiries
from representatives of the furnishing progress as reasonably requested.
Redeveloper agrees to to the City design drawings showing
preliminary floor plans, el and related information than 180 calendar
days from the date of this No City
to these design drawings, however, the City will Redeveloper of any
code violations or design issues that would impact of the
Construction Plans. time within which the Redeveloper its initial
"Construct~ as defined in Section 301 of Part II hereof) to the in any event,
pursuant to Secti~301 of Part II hereof, shall be not later than 360from
the date of this Within 30 calendar days of submittal, the
and approve ect and make recommendations for corrections to said
Plans. The ( "s review of said Construction Plans shall be based on the
Plan, all codes and any additional requirements imposed on the
(b) Time for Submission of Corrected Construction Plans. Except as t
(c) of this Section 6, the time within which the Redeveloper
corrected Construction Plans as provided for in Section 301 of P~ hereof
shall not later than thirty (30) days after the date the Redeveloper written
notice the City of the City's rejection and recommendations for to the
Plans referred to in the latest such notice.
(c) Time for Approved Construction Plans. In event, the time
within which shall submit Construction Plans conform to the
requirements 301 of Part II hereof and are approved b, shall be not
later than ninety endar days after the
from the City of the first rejection and for corrections to the
original abmitted to it by the Redeveloper
(d) Time for on Change in Constru Plans. The time within
which the City may in the Constructi Plans, as provided in Section
302 of Part II hereof, shall be (14) after the date of the City's
receipt of notice of such change.
(e) Time for Submission On or before July
1, 2003, the Redeveloper shall submit to satisfactory to the City that the
Redeveloper has the financial ability and for construction and mortgage
financing necessary for construction of the Improvements, as provided in
Section 301 of Part II hereof.
(f) Time for Application for After submission of the
Redevelopers' Plans outlined above, and before
conveyance of the the City make application to the Iowa
City Board of for approval a special exception to allow
on-site parking in CB-10 zone on of the Redeveloper to
accommodate the parking within Project as shown on the
Construction P
(g) Time and for Closing and Delivery of D~ed. If the conditions
to closing set in Section 7 have been satisfied, th~City shall deliver the
precedent
Deed and possession Development Property to the Redex~eloper on or before
October 15, 2003, or such other date as the parties hereto ma~mutually agree in
writing (the'"Clo inl ate'"); provided, however that in the event the conditions
precedent to closing/ e not been satisfied, either the City or Rd~eveloper may
terminate thins Agre/4rror waive or extend the time for satisfaction of ~uch conditions
precedent. ,~onve/pan, of the Warranty Deed shall be made at the principb~ office of the
City on the Cl. ofl. ng Date and the Redeveloper shall accept such conveyanc~ and pay to
the City at ~ftime and place the Purchase Price in immediately available fu/x~s.
Sec 7. Conditions Precedent to Conveyance of Pro?,ert~ ,TN~ City's
obligation convey title and possession of the Property to the Redeveloper on the
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Date and Redeveloper's obligation to accept title and possession of the Property
Closing Date, shall be subject to satisfaction of the following conditionCrecedent:
The Redeveloper and the City shall be in material compliaCe with all the
terms and provisions of this Agreement;
(h)
Redeveloper
shall have submitted to the City Co~/struction Plans for
thb ect, and such Construction Plans shall have y~en approved by the
Citl tnt to Section 6 of this Agreement, including certification that
the are in compliance with the Urban/Renewal Plan. The
ion Plans will, among other things, 0bntain specifics for the
groceryand hotel referred to on Exhibit C. /
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(c) The shall have furnished the C'~y with evidence, in a form
satL, City (such as a letter of co/mitment from a bank or other
lendingthat the Redevelopgr has firm commitments for
construction and financing ' to Redeveloper for the
Project in an sufficient, with equity commitments, to
complete the Project conformance the Construction Plans, or the
City .. of the Redeveloper's financial
ability as in the City is required;
(d) The Redeveloper shall have tishedthe City with evidence in a form
satisfactory to the City of acquisition of performance and payment
bonds for the Project;
(e) The City shall have '.ted theX~le of City issued Bonds financing its
costs of the Project such terms a~d conditions as the City shall have
determined to be acc ble to it, in its bole discretion;
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Execution of a/~inimum Assessment A'~reement by the City, the City
(f) Assessor and 5~e Redeveloper pursuant to S~ion 8 of this
Agreement;
(g)
Execution 9~ Public Access Easement Agreements pursuant to Section 1 of
this Ag~nent;
(h) Grantijdg of special exception for On-Site ~arking satisfactory to
ReTeloper;
(i) /~ecution of an Off-Site Parking Agreement pursuant ~(xhibit G;
(j) / Receipt of an opinion of counsel to the Redeveloper in thxe form attached
hereto as Exhibit J.
(k) Agreement of the Redeveloper's architect and the City's staff Design
Review Committee on the exterior design of the building. If such
agreement is not reached, Redeveloper has the right, at its option, to
terminate this Agreement.
8. Minimum Assessment Agreement.
~per acknowledges and agrees that the grantthe Redeveloper
provided Section 102 of Part II of this Agreement that sufficient
property tax be generated from the Project and development which
the y constructing within the Central District Urban
Renewal Area (the described "E") will be sufficient
to repay the bonds referred to in Section 102 of this Agreement. In
order to induce the > make such grant and issue such b{Redeveloper agrees to
enter into a Minimum to establish Actual Value for
the land and Minimum for this Project land and improvements
constituting the Vogel
The Redeveloper ackn es and agrees that or the owners of condominium
units sold, will pay when due all and general or special, levied upon or
assessed or placed against the and Improvements thereon, and the
Vogel Property and further agrees maturity date of all bonds, notes
or other obligations issues by the City to of the Project:
(a) it, or the owners of sold, will not seek administrative or
judicial review of the applicability of anystatute determined by any official to be
applicable to the Property or the the owners of condominium units sold,
or raise the inapplicability of any such as a defense in any proceedings,
including delinquent tax proceedings;
(b) it, or the owners units will not seek administrative or
judicial review of the constitutional of any any official to be
applicable to the Property or thedeveloper or the of condominium units sold,
or raise the unconstitutionality such tax statute as 35xdefense in any proceedings,
including delinquent tax Pr°7 ~
(c) except as se)/ for below, it will not cause a ~duction in the taxable
valuation upon which r¢l property taxes are paid with respec~to the Project, which
consists of a mult!,~u,s,e/structure generally consistent with the re/~,evelopment proposal
shown on ,Exhibit C')/as submitted by the Redeveloper, on August~, 2001 in response
to the City s Re ~s~. for P~rop. osals to Purchase Urban Renewal Parcel~4-1a for a Private
Redevelopment ;6ject (and as more specifically outlined in Exh~it D Minimum
Improvements d Uses), below the amount of $10,527,000 aft¥~ taking into
consideration factors such as "roll-backs" which would reduce the tak~ble value of
the property 1, 2005, and below the amount of $22,265,000 aft& taking into
factors such as "roll-backs" which would reduce the taxable value of
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the as of January 1, 2006 and for the Vogel Property below the amount of
as of January 1, 2003, ("Minimum Actual Value") through:
willful destruction of the Property, the Vogel Property o~any part
/.
(ii) ~request to the City Assessor of Iowa City, Iowa to rjcduce the
noted above; tub Value of the Property or the Vogel Prope~l~low the amount
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(iii) an to the board of review of the City ~f Iowa City or to the
board of review County to reduce the Minim~}/rn Actual Value of the
Property or the Vo 'below the amount noted a~fove;
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(iv) a petition to board of review of State of Iowa or to the
Director of Revenue and of the State of I to reduce the Minimum
Actual Value of the the Vogel below the amount noted
above;
(v) an action in any of the State of Iowa seeking a
reduction in the Minimum Actual Property or the Vogel Property
below the amount noted above;
(vi) an application 0f Revenue and Finance of the State of
Iowa requesting an abatement of real taxes pursuant to any present or
future statute or ordinance; '~
(vii) any other whether legal or equitable,
with any administrative the City City, Johnson County, or the
State of Iowa or within of the State or the federal government.
The Redeveloper, or of condominium units d, shall not, prior to the
final maturity date of the bondsother obligations by the City to finance
its costs of Contribution to theect, as outlined in Section of Part II hereof, cause
or voluntarily permit the or the Vogel Property to other than taxable
property (except as herein), to be taxable at an amount than the Minimum
Actual Value noted owned by a utility or any of a type where the
assessed value of such entity is not treated within the
Project Area in its to be owned by any entity having tax status, or apply
for a deferral of tax on the Property or the Vogel Property to any
present or future Nothing contained herein is to, and shall
not be construed in any way limit Redeveloper's right to sell in
the Project or Property at any time subject to the terms and
the a greement.
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The Redeveloper, and owners of condominium units sold, agree that they are
bound by the applicable Minimum Assessment Agreement attachedj~s Exhibit H, fixing
the Minimum Actual Value of the Project and the Vogel Property as approved by the
Assessor and the City as set forth herein. /
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The Redeveloper recognizes that the grant to the Redevelg~er pursuant to
>nal upon sufficient property taxes bei~/g generated by this
Pro ,gel Property to repay the costs of the bonds/issued to make such grant.
Th, property taxes from the Project in the amgiunts and at the times set
forth in the applicable Minimum Assessment/Agreement. If for any
reason the ' taxes are less than the amount set fortt)/on Schedule Y for any fiscal
year, the ~hall increase the assessed value of thefroject and/or Vogel Property
for the next fiscal ' an amount to cover such propepy tax deficiency.
The ~lates that a portion of Project will be residential
be subject to the prope tax "roll-back" referred to
previously. The the time declaration
required b~ Property of the Code of Iowa
2001 an attachment the units a part of the Project will
be executed b) and the assessor allocating a portion of the
Minimum Actual Value to each unit. ~or the Vc such allocation shall be
made and agreed upon prior to Jul'
The Redeveloper agrees that the dit the Minimum Actual Value
(as adjusted pursuant to paragraph 3 ~ and the amount allocated to the
residential condominium units t m paragraph 4 hereof) for the Project
and the Vogel Property will of the Project and the
Vogel Property respectively. ~,
The established s~all be of no further force and
effect and the Minimum Assessment ~ y years from the
issuance of the bonds or when earlier. If prior to the
expiration of the Minimum A Agreement for the the combined
property tax revenue from the Proj the Vogel Property ~sceeds the amount of cash
necessary to cover the cost of the set forth on the schedhles attached to the
Minimum Assessment A for the Project and the Vogel Property, then the
Redeveloper may take t roll-backs in valuation attri}mtable to the Vogel
Property and the Project to excess property tax revenue attributable to
the Project and the Vo If prior to the expiration of the Min'imum
Assessment Agreement for Project, the combined property tax revenue,,from the
Project and the Vogel ProPerty exceeds the amount of cash necessary to co~er the cost of
the bonds as set forth on)~e schedules attached to the Minimum AssessmentXXAgreements
for the Project and the Vogel Property, then the Redeveloper may seek a reduction in the
assessed value of the Project and the Vogel Property to the extent of the excess property
tax attributable to the Project and the Vogel Property.
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Nothing herein shall be deemed to waive the Redeveloper's rights or owner's
rights of condominium units sold, under Iowa Code section 403.6(19) (2001), as
amended, to contest that portion of any actual value assignment made by the Assessor in
of the Minimum Actual Value established herein, or to seek an exemption from
for that portion of the Property on the Vogel Property the facility is
but only if the Minimum Actual Value of the on the Vogel Property
herein, including any such portion, is way, reduced in any
reduced as a result of any such action.
The Assessment Agreement shall be by the Assessor for the
City as Iowa Code Section 403.6(19) andbe filed for record in the
County, and such shall constitute notice to any
subsequent or purchaser of the on the Vogel Property (or part
thereof), whether or involuntary, and suc Assessment Agreement
shall be binding in its entirety any such subsequent purchaser or
encumbrancer, including
If, for any reason, the Agreement is held to be invalid or
unenforceable for any reason in or in part and the property tax revenue
generated by the Project and is insufficient to pay the cost of the
bonds as they become due. agrees to make a contractual payment to the
City in the amount of the difference l~ amount of the property tax revenue and
such cost of the bonds.
Section 9 Notices and
A notice, demand or other c under this Agreement by either party to
the other shall be sufficiently or if it is dispatched by registered or
certified mail, postage prepaid, or delivered personally, and
(a) In the of the Redeveloper, isX'~ddressed or delivered personally
to the Redeveloper )en Law Offices, 123 N.X,,Linn St., Suite 300, Iowa City,
Iowa 52245, Attn:~ Moen; and ~
(b) In' .'of the City, is addressed to or~xdelivered personally to the
City Manager l~Civic Center (City Hall), 410 E. W. ashington St, Iowa City,
Iowa, 52240,, such other address with respect to eithe~ party as that party may
from time tc designate in writing and forward to the oX0!er as provided in this
Section.
10. Counterparts.
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The Agreement may be executed in multiple counterparts, each of which shall
constitute one and the same instrument.
PART II
ARTICLE I. CITY CONTRIBUTION TO PROJECT
}1. Assembly. The City has assembled for redevelopment
by the in accordance with the Urban Renewal n and this Agreement.
Section 102. Contribution by City. In to the activities outlined in
Section 101 above, further agrees to the contributions in connection
with the Project:
(a) Subj law, the City agrees to
sell not less obligation or urban renewal tax
increment revenue or notes ) with a 20 year repayment
schedule to fund a to the Redeveloper and to finance the
Project as outlined belc however, that the City may, in its sole
discretion, fund such or in part through any other means
available to the Cit) ~, sale of bonds.
(b) Subject to authorization of Bonds as set forth above, the City will
make a construction grant by the Redeveloper in the amount of
The grant shall '~¢ released to the Redeveloper
$6,000,000.
on
a
pro
rata basis with the of the construction loan for progress payments
to the contractor on Applicat~ns for Payment submitted to the
Architect by the at such tilde as Certificates of Payment are
issued by the and in the amount~o certified.
\.
(c) The City 1 reasonable costs assoc~,ated with a site survey of the
Property.
(d) The City shall a Phase I environmental\t~eport indicating that the
Property has ] contamination requiring remediati6~, under existing federal
and state standards. If, however, "gny contamination is
discovered would require remediation under ~.,urrent standards, the
provisions ~ection 702 and 703 shall apply.
AR~CLE II. RIGHTS OF ACCESS TO PROPERTY's,
/.
Section 201./Right of Entry for Utility Service. The City reserves fgr itself, and
any public utility ~/ompany, as may be approPriate, the unqualified right to ~ter upon the
Property at all re/~sonable times for the purpose of reconstructing, maintaining, repairing,
or servicing thepllowing public utilities located within the Property boundary lines:
14
a. storm sewer;
b. water; and
electricity.
within 60 days of the date this agreement iq signed,
shall,
provide
the location and description of all such utilities/. If the location of any
utility preventsimpracticable, the placement of the cglntemplated building on
the lot, the terminate this agreement. /
Section 202. ~nstruct Over 1 Easements. The
Redeveloper any building or or improvement on, over,
or within the boundar~ of any easement for public unless such construction
is provided for in such >r has been a the City. If approval for such
construction is requested : Redeveloper, the shall use its best efforts to assure
that such approval shall not be If relocation of such utilities is
reasonable, Redeveloper shall ion.
The City shall, within this agreement is signed, provide
Redeveloper with the location and such easements. If the location of
any easement prevents, or placement of the contemplated
building on the lot, the Redeveloper this agreement.
Section 203. Access to :yance of the Property by the
City to the Redeveloper, the City Df the Redeveloper to have
access to any part of the Property to which ' holds title, at all reasonable times
for the purpose of obtainin concerning the Property
necessary to carry out this After the Property by the City
to the Redeveloper, the shall permit the City access to
the Property at all reasonabl, it deems sary for the purposes of this
Agreement including, but ] insl: performed in
connection with of the Minimum No compensation shall
be payable nor shall be made in any form by any~arty for the access provided
for in this Section.
ARTIC¢ III. CONSTRUCTION PLANS; CONSTRUCTION OF
?ROVEMENTS; CERTIFICATE OF COMPLETION
Section/~01. Plans for Construction of Improvements. Plai~s and specifications
with respect,rio, the redevelopment of the Property and the construction of certain
improvements thereon, to consist of a multi-use structure generally 6xonsistent with the
redevelopment proposal shown on Exhib, it "C" as submitted by th~., Redeveloper on
August ~, 2001 in response to the City s Request for Proposals to ~Purchase Urban
Renewa/ Parcel 64-1a for a Private Redevelopment Project and the "Minimum
Improvements" shown on Exhibit D and as outlined in Section 1, Part I above,
15
(hereinafter "Minimum Improvements"), shall be in conformity with the Urban Renewal
Plan and this Agreement, and all applicable Federal, State and local laws and regulations.
As promptly as possible after the date of this Agreement, and, in any event, no later than
the time specified therefore in Paragraph (a), Section 6 of Part I hereof, the Redeveloper
shall submit to the City, for approval by the City Departments of Planning, Public Works
Housing and Inspection Services, or their designee(s), plans, drawings,
and related documents, and the proposed [on schedule (which
drawings, specifications, related documents, and progress s~ together with
any all changes therein that may.thereafter be made and to the City as
herein are, except as otherwise clearly indicated by context, hereinafter
"Construction Plans" with respect to the
be for the development by the Redeveloper onProperty), in sufficient
completeness to show that such "Minimum and construction
thereof will be accordance with the provisions of Urban Renewal Plan, this
Agreement, and codes. The City shall,Construction Plans conform
to the provisions Urban Renewal Plan, this and all applicable codes,
approve in writing Plans and no filing by the Redeveloper or
approval by the City req to any material change.
The City will also then time, upon showing of compliance with the
requirements of the issue appropriate building permit(s). Failure
by the City to identify a code plan review does not, however, relieve
the Redeveloper from to ' with all applicable code provisions. Such
Construction Plans shall, in any approved unless rejection thereof in
writing by the City, in whole or in forth in detail the reasons therefore, shall
be made within thirty (30) calendar after the date of their receipt by the City (and
within fourteen (14) calendar days in of subsequent changes/resubmissions of
said plans). If the City so rejects the Plans in whole or in part as not being
in conformity with the Agreement, or all applicable codes, the
Redeveloper shall submit new or Plans which are in conformity
with the Urban Renewal Plan, all applicable codes within the time
specified therefore in Section 6 I hereof, after written notification
to the Redeveloper of the The ' ' )f this Section relating to approval,
rejection, and resubmission herein above provided with
respect to the shall continue to until the Construction Plans
have been approved b, Provided, that ' Redeveloper shall submit
Construction Plans in conformity with the Urban Renewal
Plan for the Project, thi and all applicable codes,~as determined by the City,
no later than the time ~ therefore in Paragraph (c), Sect~on 6 of Part I hereof. All
work with respect to "Minimum Improvements" to be const/Ncted or provided by the
Redeveloper on Property shall be in conformity with the~Construction Plans as
approved by the The term "Minimum Improvements", as us~e,d in this Agreement,
shall be have reference to the "Minimum Improvemen{s" as provided and
specified in the on Plans as so approved and incorporated he~in by Exhibit D.
City shall certify compliance at each stage of construction that the
project is in with the Urban Renewal Plan. Once certified, the City shall hold
16
Redeveloper harmless from any variance from the Urban Renewal Plan and shall
constitute a waiver of any such variance.
\ ~Section 302. Changes in Construction Plans. If the Redeveloper d)~sires to make
an/ t stantia change in the Construction Plans after their approval ~7~ the City, the
Red loper shall submit the proposed change to the City for its./a~proval. If the
Cc n [ ~ Plans, as modified by the proposed change, conform to ~e requirements of
Section hereof with respect to such previously approved Constr~tion Plans, the City
shall the proposed change and notify the Redeveloper in y~riting of its approval.
Such change the Construction Plans shall, in any event, be d/6emed approved by the
City unless ion thereof, in whole or in part, by written no)Ice thereof by the City to
the forth in detail the reasons therefor,fi,f shall be made within the
in Paragraph (d), Section 6
Section 303. of Equity Capital and Mc As promptly
as possible and, in any no later than the time (e),
Section 6 of Part to the City evidence satisfactory
to the City that the has the to construct the "Minimum
Improvements".
Section 304. and of Construction of "Minimum
Improvements". The Redeveloper its successors and assigns, and every
successor in interest to the part thereof, and each Deed or other
conveyance shall contain covenants on part of the Redeveloper for itself and such
successors and assigns, that the er, and such successors and assigns, shall
promptly begin and diligently ~letion the redevelopment of the Property
through the construction of the thereon, and that such
construction shall in any event ~eriod specified in Section 5 of Part I
hereof and [ in such Section 5. It is intended and
agreed, and each Deed or conveyance so expressly provide, that the
Construction of the Minimum__ shall covenants running with the land
and
they shall, in any event, ~d without reg classification or designation,
legal or otherwise, and exce,16t only as otherwise s ' provided in this Agreement
itself, be, to the fullest ext)/nt permitted by law and finding for the benefit of the
community and the City/and enforceable by the City ~t the Redeveloper and its
successors and assigns~6 or of the Property or any part I ~t~r any interest therein.
/
Section 305. }gotice of Delays. Subsequent to c,yancbxof the Property, or an,y,
part thereof, to the/Redeveloper, and until construction of the. "Min'i~ I~mprovements
has been complet)/d, the Redeveloper shall give prompt notice in v¢, to the City of
any adverse devj/lopment which would materially affect or delay thepletion of such
construction. Upon such notification and agreement by the City the 1,etion date will
be extended ~(/cordingly. _
Sec~6n 306. Certificate of Completion.
17
(a) Promptly after completion of the "Minimum Improvements" in accordance
with those provisions of this Agreement relating solely to the obligations of
the Redeveloper to construct the "Minimum Improvements" (including the
dates for beginning and completion thereof), the furnish the
Redeveloper with an appropriate instrument so Such
certification by the City shall be (and it shall be so in the Deed
and in the certification itself) a of satisfaction and
termination of the agreements and covenants in this and in the
Deed with respect to the obligations of the and its successors
assigns, to construct the "Minimum and the dates for
beginning and completion thereof, certification and such
shall not constitute of compliance with or
of any obligation of the to any holder of a
mort or any insurer of a mortgage, money loaned to finance
or
(b) The for in this S 306 shall be in such form as
will enable it torecorded in the the recordation of deeds
and other s pertaining including the Deed. If the
City shall refuse to provide certification in accordance with the
provisions of this the shall, within thirty (30) calendar days
after written request provide the Redeveloper with a
written statement, adequate detail in what respects the
Redeveloper has failed tc ~lete the "Minimum Improvements" in
accordance with the of this Agreement, or is otherwise in
default, and what will be necessary, in the opinion of the
City, for the or perform in order to obtain such
certification.
ARTICLE IV. USE OF PROPERTY
Section 401. Use. The agrees for itself, and its
successors and assigns, and successor in intere~, the Property, or any part
thereof, and each Deed or conveyance shall contain ovenants on the part of the
Redeveloper for itself, successors and assigns, the Redeveloper and such
successors and assigns,
(a) Use its b~ devote the Property to, and on~ to and in accordance
with specified in the Urban Renewal Plan an~txthe,,~, uses s.p,,ecified in
Part I of the Agreement, including Exhibits "C~ and "D; and
(b) Not the basis of age, race, creed, color, d~sability, gender
marital status, sex, sexual orientation, religion or na~onal origin in
lease, or rental or in the use or occupancy of the Property or any
Improvements" erected or to be erected thereon, or any part
18
Section 402. Covenants; Binding Upon Successors in Interest; Period of Duration.
: intended and agreed, and each Deed or other conveyance shall so expressly provide,
agreements and covenants provided in Section 401 hereof s~all be covenants
with the land and that they shall, in any event, and without/~egard to technical
designation, legal or otherwise, and except only as 9t'herwise specifically
Agreement, be binding, to the fullest extent permiJged by law and equity,
for the in favor of, and enforceable by, the City, its/successors and assigns,
the City and successor in interest to the Property, or thereof, against the
RedevelG and assigns and every successor ' to the Property, or
any part thereof or interest therein, and any party in [ ession or occupancy of the
Property or any It is further intended and that the agreements and
covenants provided in (a) and (b) hereof shall remain in effect
until January 1, 2023: __ That such covenants shall be binding on
the Redeveloper itself, each in interest to Property, and every part thereof,
and each party in possession occupancy, resp only for such period as such
successor or party or in, or possession or occupancy of, the
Property or any part thereof. The "uses in the Urban Renewal Plan" and
"land use" referring Renewal Plan, or similar language, in
this Agreement shall housing, and other requirements or
restrictions of the Urban Renewal Plan such land.
Section 403. To Section. In amplification, and not in
restriction of, the provisions of the it is intended and agreed that the
City and its successors and assigns beneficiaries of the agreements and
covenants provided in in its own right and also for the
purposes of protecting of the other parties, public or private,
in whose favor or for whose be such agreements covenants have been provided.
Such agreements and shall (and each Deed so state) run in favor of the
City, until January 1, 2023, cwhich time such a tnd covenants shall be in
force and effect, whether the City has ' time been, remains, or is
an owner of any land or therein to or in favor such agreements and
covenants relate. The shall have the right, in the event any breach of any such
agreement or to exercise all the rights and and to maintain any
actions or suits at tuity or other proper proceedings curing of
such breach of or covenant, to which it or any other ~neficiaries of such
agreement or may be entitled, and shall be entitled to recov6~, in addition to its
court costs, a rea attorney's fee to be fixed by the court, and stroh recovery shall
include court and attorney's fees on appeal, if any. ,
PROHIBITIONS AGA1NST ASSIGNMENT AND TRA~I~SFER
501. Representation as to Redevelopment. The Redeveloper re~resents
and that its purchase of the Property, and its other undertakings pursuant~to this
19
Agreement, are and will be used for the purpose of redevelopment of the Property and not
for speculation in land holding. The Redeveloper further recognizes:
(a) the importance of the redevelopment of the Property to the general welfare
· of the community;
(b~)) ~tahvea lSa~ta~all wfinaannC~n~ya~hdeO~i~ public aids that have been made
. i a for the purpose such
~evelopment possible; and
(c) the fh~t that any act or transaction involving or res in a significant
change~n the ownership or with respect to the isJk of the parties in
control o~xthe Redeveloper or the degree the, 'eof,/§ for practical purposes a
transfer or kt~sposition of the Property ti en w~etC by the Redeveloper, and
that the quarit~cations and identity of the l~6de ~eloper are of particular
concern to the doxmmunity and the City. th, rRe& veloper recognizes that it
is because of such, xqualifications and nfl ~, that the City is entering into
this Agreement with~he Redeveloper. /
Section 502. Prohibition A~ainst Trans: of Property and Assignment of
Agreement. For the foregoing reasons'X~e R and agrees for itself,
and its successors and assigns, that:
(a) the Redeveloper (except as so. has not made or created, and that
it will not, before completion and receipt of
a Certificate of to Section 306, make or create, or
suffer to be made or an or partial sale, assignment,
conveyance, or lease, or ' trust or or transfer in any other mode or
form of or with respe to this or the Property, or any part
thereof or any interestor any do any of the
same, without the written approval
(b) restrictions set forth in I of this Section
502,
1. Make transfer or assignment onl, for, and only
for, purpose of obtaining financing to enable the
or any successor in interest to the or any part
to its obligations with respect to the
"] ;" under this Agreement.
2. space in the ordinary course of business for the set forth
in Exhibits C and D.
3. Sell condominium units in the Project at any time subject to the terms of
the Minimum Assessment Agreement.
20
(c) The City shall be entitled to require, except for sfers, assignments,
leases, conveyances, or sales provided in subsection ~ of Section 502, as
conditions to any such approval that:
(1) Any proposed transferee shall have the and financial
responsibility, as determined by the City, ' and adequate to
fulfill the obligations undertaken in Agreement by the
Redeveloper (or, in the event the of or relates to part of
the Property, such obligations to the that they relate to such
part).
(2) Any proposed transferee, by ' in writing satisfactory to the
City and in form recordable records, shall, for itself
and its successors and assigns, expressly for the benefit of the
City, have expressly all of the obligations of the
.greed to be subject to all the
and restrictions to the Redeveloper is subject (or,
in :vent the transfer is relates to part of the Property, such
obli ts, conditions,:estrictions to the extent that they relate
to such Provided, the fact that any transferee of, or any
other in whatsoever to, the Property, or any part
thereof, the reason, not have assumed such
obligations or shall not (unless and only to the extent
otherwise specific in this Agreement or agreed to in
writing by the or except such transferee or successor of
or from such conditions, or restrictions, or deprive or
limit the City with r~s~ct to any rights or remedies ,~r controls
with respect the Property ~o{ the construction of the Minimum
Impr)vemenf it being the .~e~nt of this, together with other
provisions )~f s Agreement, thatX~o the fullest extent permitted by
law and e~uiland excepting only t~ the manner and to the extent
spec/ ~c~.y~p~ vided otherwise in this'~greement) no transfer of or
chan ~. ith r;peet to ownership in the l~operty or any part thereof,
or inter~ ~nterest therein, however consum~t~ated or occurring, and
~r voluntary or involuntary, shal}x, operate, legally or
,all ~, to deprive or limit the City of oil,with respect to any
or remedies or controls provided in or ~r~sulting from this
with respect to,, t~~nd t,h~e, cbt}struction of the
Improvements' that the City would have, had, had there
been no such transfer or change. 'X
There shall be submitted to the City for review all instr~,ents and
other legal documents involved in effecting transfer; and if a~roved
by the City, its approval shall be indicated to the Redevelol3~,r in
writing.
21
(4) The consideration payable for the transfer by the transferee or on its
behalf shall not exceed an amount representing actual cost
'~ (including carrying charges) to the Redeveloper (or
allocable to the part thereof or interest and the
"Minimum Improvements", if any, theretofore thereon by it; it
being the intent of this provision to of this
Agreement or transfer of the Property (or any for profit
prior to the completion of the and to
provide that in the event any such assi or transfer is made
(and is not cancelled), the City shall entitled to increase the
Price to the Redeveloper the amount that the
payable for the assi. or transfer is in excess of
that may be authorized subdivision (4),
and consideration shall, to extent it is in excess of the
authorized forthwith be paid to the City.
(5) The Redevele and its shall comply with such other
conditions as City may desirable in order to achieve and
safeguard the Urban Renewal Act and the Urban
Renewal Plan.
Provided, That in the absence of a written agreement by the City to the
contrary, no such transfer or approval by' thereof shall be deemed to relieve the
Redeveloper, or any other part) by this Agreement or otherwise, of its
obligations with respect to the of "Minimum Improvements", or from
any of its other obligations under this
Section 503. Information to Parties in In order to assist in the
effectuation of the purposes of Article V and the objectives generally, the
Redeveloper agrees that durin period between of this Agreement and
completion of the "Minimum as certified City, the Redeveloper
will promptly notify the of any and all changes whats~ with respect to the
identity of the parties in of the Redeveloper or, the xthereof, of which it or
any of its officers or have been notified or otherwis~ have knowledge or
information. \x
Section 504. of Redeveloper; Transfer of Substantially Al}~ssets.
As security theobligations of the Redeveloper under this A~reement, the
Redeveloper ~ep ~s and agrees that prior to January 1, 2011, the Redc~veloper will
maintain its e ds ~ as a limited liability company and will not wind up o~.otherwise
dispose of all or ~uantially all of its assets or assign its interest in this Agr~ment to
any other t provided that the Redeveloper may sell or otherwise transtar to a
partnership, 'at! on or limited liability company organized under the laws of.~ne of
the United or an individual, all or substantially all of its assets as an entir~y or
22
assign its interest in this Agreement to any other party and thereafter wind up and be
discharged from liability hereunder if (i) the transferee corporation, limited
liability company or individual assumes in writing all the obligations of the
~Redeveloper under this Agreement and the Minimum ~ is ess tt Agreement; and (ii) the
'x,~ity receives such new security from the successor Re te 'el( to assure completion and
o~ration of the "Minimum Improvements" during the term c ~greement as the City
deeh~ necessary or desirable and receives such e~ the City shall reasonably
require,~ncluding an opinion of counsel, that the performance and payment
bonds ani~ pursuant to this and will be
the existing Redeveloper such bonds upon a default by
the successor with respect to or operation of the "Minimum
Improvements".
ARTICLE VI. ORTGAGE RIGHTS OF MORTGAGEES
Section 601. of Property. Prior to the completion
of the "Minimum as by the City, neither the Redeveloper nor
any successor in interest p engage in any financing
or any other transaction creatin or other encumbrance or lien upon the
Property, whether by express operation of law, or suffer any encumbrance
or lien to be made on or attach to thc except for the purposes of obtaining (a)
funds only to the extent necessary the "Minimum Improvements", including
but not limited to engineering, legal and related Project costs (including
costs of interior improvements, fixtures), and (b) such additional funds, if
any, in an amount not paid by the Redeveloper to
the City. The Redeveloper (or in t) shall notify the City in advance of
any financing, secured by lien instrument, it proposes to enter
into with respect to or any in any event it shall promptly
notify the City of any or lien that has created on or attached to the
Property, whether by ' act of the Redeveloper For the purposes of
such mortgage financing be made pursuant to this the Property may,
at the option of the (or successor in interest into several parts or
parcels, subdivision, in the opinion of the is not inconsistent with
the purposes of the Of Urban Renewal Plan and this ~ and is approved in
writing by the City. herein is intended to, and construed to, in any
way from selling condominium units in the Pro : any time or limit
purchasers from pla es on the condominium units sub terms of this
Agreement and the Assessment Agreement.
Mortgage Holder Not obligated To Construct.
of the ' ' Agreement, including but not limited to or are
intended to be with the land, the holder of any mortgag~
this (including any such holder who obtains title to the Property or
thereof as a of foreclosure proceedings, or action in lieu thereof, but not
(a) any party who thereafter obtains title to the Property or such from
throu holder or (b) any other purchaser at foreclosure sale other than
23
the mortgage itself ) shall not be obligated by the provisions of this Agreement to
construct or complete the "Minimum Improvements" or to guarantee such construction or
completion; nor shall any covenant or any other provision in the Deed so
such holder Provided, That nothing in this Section or any or
· ' ff this Agreement shall be deemed or construed to any such
to devote the Property or any part thereof to any uses, or construct any
Improvements" thereon, other than those uses or ' provided or
Urban Renewal Plan and in this Agreement.
603. Copy of Notice of Default to Mortgagee.the City shall
deliver ce or demand to the breach or default by
the obligations or covenants under thi: the City shall at the
same time a copy of such notice or demand holder of any mortgage
authorized by this at the last address shown in the records of
the City.
Section 604· __ To After any breach or default
referred to in Section 603 each such (insofar as the rights of the City
are concerned) have the ri option, cure or remedy such breach or default (or
such breach or default to the ttes to the part of the Property covered by its
mortgage) and to add the cost mortgage debt and the lien of its mortgage
Provided, That if the breach or . with respect to construction of the "Minimum
Improvements", nothing or any other Section of this Agreement
shall be deemed to permit or either before or after foreclosure or
action in lieu thereof, to or the construction or completion of the
"Minimum Improvements" the necessary to conserve or protect
"Minimum Improvements" without first having expressly
assumed the obligation to City, by written satisfactory to the City, to
complete, in the manner in this ~ "Minimum Improvements" on
the Property or the part [' such holder relates. Any such
holder who shall complete the "Minimum relating to the
Property or Dart thereof shall be entitled request made to the
City, to a or certifications by the City to the manner provided
in Section 306 ofl Agreement
Section ~ Pay Mortgage Debt In any
case, where, to default or breach by the Redeveloper (or essor in interest)
under this , the holder of any mortgage on the Property or
has, but does not exercise, the option to construct or the
"Minimum Improvements" relating to the Property or covered
by its mortgage or to which it has obtained title, and such failure
for a period of sixty (60) days after the holde
of the default or breach; or
24
(b) undertakes construction or completion of the "Minimum Improvements"
but does not complete such construction within the period as agreed upon
by the City and such holder (which period shall in any be at least as
long as the period prescribed for such construction or in this
Agreement), and such default shall not have been cured sixty (60)
days after written demand by the City so to do,
the City (and every mortgage instrument made prior of the
"Minimum with respect to the Property or part thereof by the
Redeveloper uccessor in interest shall so provide) have of paying to the
holder the )f the mortgage debt and securing an assi of the mortgage and
the debt or, in the event ownership of the (or part thereof) has
vested in such way of foreclosure or action in the City shall be
entitled, at its to conveyance of title to thereof (as the
case may be) such holder of an to the sum total of: (i) the
mortgage debt at the time foreclosure or action thereof (less all appropriate
credits, including those from collection application of rentals and other
income received during all expenses with respect to the
foreclosure; (iii) the net expense, of general overhead), incurred by such
holder in and as a direct result management of the Property; (iv) the
costs of any "Minimum by such holder; and (v) an amount
equivalent to the interest that would haw on the aggregate of such amounts had
all such amounts become part of the debt and such debt had continued in
existence.
Section 606. ~ Default. In the event of a default or
breach prior to the completion o s" by the Redeveloper, or
any successor in interest, in or of its obliunder, and to the holder of, any
mortgage or other instrument an encumbrance lien upon the Property or part
thereof, the City may at cure such default orin which case the City
shall be entitled, in to and without limitation other rights or remedies
to which it shall be by this Agreement, >f law, or otherwise, to
reimbursement from or successor in all costs and expenses
incurred by the City reasonable attorney's fees indefault or breach
and to a lien upon tProperty (or the part thereof to which the encumbrance,
or lien relates) such reimbursement: Provided, That any such shall be subject
always to the (including any lien contemplated, because yet to be
made, by) any existing mortgages on the Property
Sectic Mortgage and Holder. For the purposes of this A The term
"mortgage' include a deed of trust or other instrument creating or
lien upon or any part thereof, as security for a loan. The term"in
referenc shall include a deed of trust.
608. Subordination and Modification for the Benefit of Mortgagees.
25
(a) In order to facilitate the obtaining of financing for the construction of the
t'~Minimum Improvements" by the Redeveloper, the City agrees to subordinate its rights
the Deed and this Agreement to the holder of the First Mortgage
in Section 601 (a) of this Agreement, but only provided that the
or a agreement provides that if the holder of the First' shall
the Development Property, the improvements thereoff, portion
thereof, or a deed to the Development Property in lieu it shall
consent to Minimum Market Value set forth in the Mi:
Agreement.
(b) In facilitate the obtaining of financingconstruction of the
"Minimum the City agrees that it shall to any reasonable
modification of this VI or waiver of its fights to accommodate the
interests of the holder Mortgage, provided, that the City determines,
in its reasonable judgment, any such will adequately protect the
legitimate interests and of the City with to the Project and the Urban
Renewal Plan. The City also :s to consider modification(s) of this Article VI
with respect to other holders,agree to if the City deems such
modification(s) necessary
ARTI( g
Section 701. In General. provided in this Agreement, in the
event of any default or breach or any of its terms or conditions, by
either party herein, or any such such party (or successor) shall, upon
written notice from the other, ' such
default or breach and shall such cure within ninety (90) days after
receipt of such notice. In action is notor not diligently pursued, or the
default or breach and shall such cure or shall not be cured or remedied
within a reasonable time aggrieved party may such proceedings as may be
necessary or desirable in cure and remed~ including,
but not limited to, s to compel specific [ the party in default or
breach of its obli
Section 702. by Redeveloper Prior to In the event that
Redeveloper is ' with all of the terms of and the City does
not tender of the Property, or possession inmanner and
condition, and the date, provided in this Agreement, and any shall not be
cured within (30) days after the date of written demand by the then
this A shall, at the option of the Redeveloper, be terminated by notice
thereof to and in the event Redeveloper elects to exercise its option
neither nor the Redeveloper shall have any further rights against or lity to
the, Agreement. ~
Termination by City Prior to Conveyance. In the event that: x~
26
(a) prior to conveyance of the Property to the Redeveloper, the presence of
hazardous waste or substances (as defined under federal law) on the
Property becomes known to the parties hereto, and the City has informed
the Redeveloper in writing on or before the Closing Date the condition
of the Property is, as a result of such environmental not satisfactory
for construction of the "Minimum Improvements"; or
(b) to conveyance of the Property to the Redevek of
; Agreement
(i) Redeveloper (or any successor ' assigns or attempts to
this Agreement or any rights or in the Property in
) or
(ii) ' material change with )ect to the identity of the parties
in ~f the Redeveloper the degree thereof in violation of
Article '.of; or
(c) the Redeveloper does Plans, as required by this
Agreement, or >n 702 hereof) evidence that
it has the necessary and commitments for construction and
mortgage financing, in sati: form and in the manner and by the dates
respectively provided in therefore, or otherwise fails to
satisfy any of the dent to conveyance of the Property set
forth in Section 7; or
(d) the Redeveloper not pay the Price and take title to the
Property upon of the City pursuant to this
Agreement, any default or failure . to in subdivisions (b) and
(c) of this S, 703 shall not be thirty (30) days after the
by the City;
then this and any rights of the or any assignee or
tran in this Agreement, or arising therefromt respect to the City
or at the option of the City, be ' the City, in
event, neither the Redeveloper (or assignee or nor the
shall have any further rights against or liability to this
704. Other Rights and Remedies No Waiver The City
shall the right to institute such actions or proceedings as may be sary to
enforce Redeveloper's covenants and obligations under this Agreement seek
dama caused by a breach or default by the Redeveloper, including but not to
the acquisition survey, environmental testing and improvement
costs associated with these expenses. The City may also institute such actiom
it may deem desirable for effectuating the puq0oses of this Article VII,
27
provided that any delay by the City in instituting or prosecuting any such actions or
proceedings or otherwise asserting its rights under this Article VII shall not operate as a
waiver of such rights or to deprive it of or limit such rights in any way (it being tl
of this provision that the City should not be constrained (so as to avoid the rid
dep~ved of or limited in the exercise of the remedy provided in this of
concepts of waiver, laches, or otherwise) to exercise such remedy at a
still h0P.e, otherwise to resolve the problems created by the default nor shall
any in fact made by the City with respect to any default by the
RedevelG under this Section be considered or treated as a f the rights of the
City with to any other defaults by the Redeveloper Section or with
respect to the~ icular default except to the extent specificall writing.
Section Damages. The grant to Redeveloper under Section
102(a) hereof is conditional built for the purposes set
forth in Exhibit C [oper's Proposal and Minimum Improvements and
Uses. Redeveloper use best efforts to a viable grocery store. Best
efforts requires that the be built out as grocery store pursuant to
Exhibit C and the Plans. If fails to use best efforts, the
Redeveloper agrees to refund City Thousand Dollars ($500,000) as
liquidated damages. Additionalb agrees to use best efforts to establish a
viable hotel. Best efforts requires space be built out as a functioning hotel
pursuant to Exhibit C and the Plans. If Redeveloper fails to use best efforts,
the Redeveloper agrees to refund to Five Hundred Thousand Dollars ($500,000)
as liquidated damages. The liability to the Redeveloper for
non-compliance with such to best efforts is, therefore, One Million
Dollars ($1,000,000). The City agree that the foregoing provisions for
liquidated damages are bona provisions not a penalty. The parties
agree that by reason of the selling the in reliance upon the Redeveloper
using the Property for the ~ upon purposes, gave up the opportunity to sell
the Property to a at a higher price If the Redeveloper does not use
best efforts to establish purposes, the City will have sustained
damages which will substantial but will not be of determination with
mathematical preci This provision for liquidated damages has,
therefore, ~orated in the Agreement as a both parties.
Enforced Delay in Performance for Causes :~ond Control of Party.
any party under this Agreement may be subject toX~navoidable delays,
outside rol of the party claiming its occurrence, which are th~ direct result of
strikes, labor troubles, unusually severe or prolonged bad weather,~ts of God, fire
or oth? casualty to the "Minimum Improvements", litigation comme~ed by third
parti~, or acts of any federal, State or local governmental unit (other th~ the City)
whi, gh ( irectly result in such delays. Such delays shall constitute sufficient leg,al excuse
7dela ~,ed performance under the terms of this Agreement. ~
t Section 707. Rights and Remedies Cumulative. The rightsand remed- s 6~and remedies the
parties to this Agreement, whether provided by law or by this Agreement'leshal~ be
28
cumulative, and the exercise by either party of any one or more of such remedies shall
not preclude the exercise by it, at the same or different times, of any other such remedies
for the same def or breach or of any of its remedies for any other default or breach
by
the other party, waiver made by either such party with respect to the performance, or
manner or time or any obligation of the other party or any/condition to its
obligations under shall be considered a waiver of any ~ghts of the party
making the waiver with the particular obligation of the othefparty or condition
to its own obligation those expressly waived in writing and~ the extent thereof,
or a waiver in any respect other rights of the party/finaking the waiver or
any other obligations of the ~arty. ,
Section 801. Conflict Redeveloper agre~ that, to its best knowledge
and belief, no member, officer or ~ of the City, or designees or agents, nor any
consultant or member of the governing of the no other public official of
the City who exercises or has exercisedfunctions respect to
the Project during his or her tenure, or is a to participate in a
decision-making process or gain ' to the Project, shall have
any interest, direct or indirect, in any contract or the proceeds thereof, for
work to be performed in connection with the iect, or in any activity, or benefit
therefrom, which is part of this Project at an, or after such persons tenure.
Section 802. Non-Discrimination. out the Project, the Redeveloper
shall not discriminate against any employment because of race,
creed, color, sex, national origin, status, sexual orientation,
religion, age or disability. The shall applicants for employment
are granted employment, and the are treated employment, without
regard to their age, race, creed, disability, gender i, marital status, sex,
sexual orientation, religion or ~
Section 803. Provisions With Deed. None ot~,.the provisions of this
Agreement are intended to or merged by reason of any dee~ transferring title to
the Property or any part from the City to the Redeveloper l~r any successor in
interest, and any such not be deemed to affect or impair the provisions and
covenants of this A '
Section 804. of Articles and Sections. Any titles of the' several parts,
Articles, and Sections Agreement are inserted for convenience of reference only
and shall be disre construing or interpreting any of its provisions.
Section 80~ Memorandum of Agreement. The parties agree to execute and
record a of Agreement for Private Redevelopment, in substantially the
I, to serve as notice to the public of the existence and provisions
of this A and the rights and interests held by the City by virtue hereof. The
Redeveloper shall pay all costs of recording.
29
Section 806. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
' Section 807. Entire Agreement. This Agreement and the hereto reflect
agreement between the parties regarding the matter hereof, and
and replaces all prior agreements, negotiations or .sions, whether oral or
written. Agreement may not be amended except by a writing signed by
all'
30
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
by its City Clerk, and the Redeveloper has caused this Agreement to be duly
in its name and behalf by its authorized representative, on or as of the day first
above
CITY OF
By:
Ernest
ATTEST:
By:
Karl City Clerk
TOWERS, L.L.C.
B
ATTES]
By:
Michael Moen ~
Monica Moen ~
31
STATE OF IOWA )
)
JOHNSON )
day of ., before me a Notary
Public in for said County, personally appeared Lehman and Marian K.
Karr, to me known, who being duly sworn, say that they are the Mayor
and of the City of Iowa a Municipal Corporation,
under the laws of the and that the seat affixed to the
foregoing of said Municipal and that said instrument
was signed and on behalf of said Corporation by authority and
resolutionof its City and said May, and City Clerk acknowledged said
instrument to be the fi'ee and deed Corporation by it voluntarily
executed.
Notary Public in and for the State of Iowa
32 ~
STATE OF IOWA )
)SS
COx~TY OF JOHNSON )
Ihis !~?' day of ~ ~,~..___ 20~-~ before me, the
undcrsi a Notary Public in and for the State of Iowa,appeared Marc B.
Moen to known, who being by me duly did say that he is the
President Towers, L.L.C., an Iowa limited company, executing the
within and fore instrument to which this is and that no seal has been
procured by said liability company; that was signed on behalf of
the limited liability by authority of its and that Marc B. Moen as
officer acknowledgedof the to be the voluntary act
and deed of the company, by it and 1 him voluntarily executed.
and for the State of Iowa
STATE OF IOWA
COUNTY OF POLK
On this day of ,2002, before me, the
undersigned, a Notary Public in for the State personally Michael Moen, to
me personally known, who me duly that he is the Secretary of
Plaza Towers, L.L.C., an limited liability executing the within and
foregoing instrument is attached, and that has been procured by said
limited liability company; said instrument was si on behalf of the limited
liability company by of its members; and that Moen as officer
acknowledged the instrument to be voluntary act and deed
by it and by him voluntarily
Notary Public in and:
33
EXHIBIT A
rMAP OF URBAN RENEWAL AR~A
O_ty- ity Projec;~;;;~lmR";~e2wa, .ct Area
gPT~7~~rea 2r Central Business support area ~~
rea $, University area
34
EXHIBIT B
LEGAL DESCRIPTION OF URBAN RENEWAL
Addendum No. 1
Legal Description of the
Proposed Urban Renewal Pro
Cansistin¢
Beginning the south ~ line of
' direction along
direction along the
centerline of Wash[n ~ westerly right-of-
way ."d; thence northerly said right-of-way line extended to
the northerly ri, in a westerly direction to the
northwest corner of Washinc thence in a southerly direction arong
the west ~ollege Street and Capitol
Street; thence in a westerl~ right-of-way of College Street to the east
line of the Cedar Rapids-iowa Cil thence in a southerly direction along
the said Railway right.-of-wa) n of the north right-of-way line of Burlington
Street; thence in a westerl) e north right-of-way of Burlington Street to the
Iowa River; thence in a southerl the Iowa River to the south right-of-way line of
Court Street as extended to the Iowa in an easterly direction along said line to the
point of beginning;
AND
Beginning at the intersection of canto n'6,treet and the south right-of-way line of
Court Street; thence in a direction sai& centerline to the intersection of said
centedine and the centerline in a westerly direction along the
contadina of Washington y right-of-
way line of Clinton Street thence nodhedy westerly right-of-way line of
Clinton Street to the of said right-of-way line a northerly right-of-way line of
Iowa Avenue extended; easterly along line of iowa Avenue to
the intersection of line and the line of Gilbert Street;
thence southerl easterly right-of-way line intersection of said
right-of-way line and y right-of-way line of Prentiss Street thence westerly
along the southerl , line of of said right-of-way
line of Linn Street; thence northed the easterly right-of-
way line of Linn right-of-way line waterway known
as Ralston thence northeasterly along Ralston Creek to the of Ralston
Creek and line of Maiden Lane; thence northerl the westerly
right-of-way I of Maiden Lane to the intersection of said right-of-way and
of-way line thence westerly along said line to the point of be!
EXHIBIT C
ER'S PROPOSAL
36
Plaza Towers
A Developme~
presented by
, Monica Moen, and Michael Moen
to the
City of Iowa City
Table of Contents
1. ,nt. .............................................. 2-9
2. Site Plan & 10-19
3. Developers' Expe 20-24
4. Offer to Purchase Development 25-30
5. Redevelopers' Statement of Qualifications Responsibility ................ 31-37
6. Redevelopers' Statement For Public 38-42
7. FAA Ruling 43
-1-
PROPOSED DEVELOPMENT
DEVELOPMENT PHILOSOPHY AND GOALS
~ This :~roposal is submitted by Marc Moen, Monica Moen and Michael Moen ~ We
have'~st~d in commercial real estate in Iowa City for more than 2.0 years. In the last rs,
we have f-'~-a~d on downtown Iowa City. Our Real Estate holdings m downtown Io~ are valued
at approximate~million dollars.
While profitability o~e-a,project is essential, it is only one factor thpt~ve consider in our
cisions. Ihtegrity-'" f.the project from the standpoint o~t~sign and its long term effect on
d~ cv~c~ to ~ have a keen interest ~4fie ~ture of Iowa City and
~ business district. ~)~z..l~0..cus is on vertical development with an eye
toward long term, not short term, gain. An at the 64-1a site to make a major mark on
downtown Iowa City not only for the next few for the next several generations. The
construction of a significant structure its po"dt~al for becoming a major center of
downtown activity is an exciting prospect.>ropose constmct'~f urban residential condominiums
and luxury apartments above a tuxury//hot~ and commercial uses.
The City Council has m~t~ signific~ tt investment in the pedestrian mall.'l~h~,.constmct~on' of the
public library;n the pedesflr~n mall-will be ano.ther major. '.unProvement to the do .wn _t~. _. _T}}_.e City's
commitment to .~e do~. ot _wn..is a.major factor m our dec~ose an investment 6~er twenty
(20) million dollar~6n the 64-la site.
otive alone would dictate a development which would be less expensive t.o build and
e. However, this would bring nothing new to Iowa City. It would be tragic to allow the
an Renewal parcel to be developed on less than a grand scale.
A. Uses Proposed
Summa~ of the pro@osed _oro_iect
We this to be a building that compliments its context while providing a new and exc
s spectacular opportunity presented by the City. We wish to entice
and enliven the Essential to this is a 'market style' grocery with
serving an A grand three level atrium ~ Library is
open to public pedestria~ the second level of the atrium, cross the raised
walkway to the second level of the facility. An elevator and
access from the pedestrian plaza.
The goal of our project is to provide L mix of vibrant commercial
uses, combined with a luxury hotel and upseale housing of Iowa City. Iowa City is
nationally recognized as a prime retiremenl ff 64-la affords a great
oppommity to provide quality housing for those to ~ , and for anyone who desires an
urban living environment, We have had hose interested in
urban housing.
The three story of the building with its masonry and metal draws from
the new design of the t : Library while keeping in scale with the original development City.
The close ~, two buildings creates an intimate 'gateway' feel as an entrance to
pedestrian The towers rising above are forward looking and expressive additions to the skyl~e,~,
A hotel occupies levels four through six while levels seven through fourteen house
urban aparhnents and condominiums. The liberal use of glass on the towers is demanded by
views it affords. The East Tower steps back twelve feet from College Street above the
-3-
commercial base, yet fills out the urban comer at College and Linn Streets. This contrasts the We~
""-To. wer which pulls .away t~o.m the street edge. This serves to maintain light and air into the p,'.~esrtria
pl~ing the wews from the Sheraton Hotel rooms. ,~
Our proposa'~es advantage of the maximum allowable height and l,rovi../de~, s _d~..a.tic views
from the li~ing quarters"~ generous balconies, and roof terraces for outdo ~.~v?g. To this end. the
hotel ~d r se idential towers iit~l, argely glass while the three levels f co~m~ ermal space, pnmamy
~vel, are more~iti-onal in design to integrate ~ith/the surro.un, ding st[u. ctures .,and
~et,_b_.a_c,k so'~visually the ; of commercial space t>ecome me
dominant structure fi~m street level. ~
We foresee the commercial: a bank, hotel, (scale is yet unknown),
restaurant/banquet facilities full service grocery store, and p-~ssional o. ffices.
Additional possible uses [ book store, art gallery, furniture store and o~
establishments.
-4-
We have been in discussion with several potential tenants for the commercial and office
project is awarded, it is difficult to obtain absolute commitments but there is
uses would occupy at least 2/3 of all the
1. , based professional firm;
2. Restaurant/Food
3. Local firm: grocery
4 Local bank;
5. Coffee house;
6. Athletic/health facility
B. Height / 1 Stories
:tower is 13 stories and the east tower is 14 stories. These are 140 feet
feet, Application was made to the Federal Aviation Association to construct a 20 story
., the FAA determined that 14 stories is the tallest allowable structure on this site. The
attached at page 43, establishes a maximum height of 158 feet.
-5-
C. INTENSITY OF PROPOSED USES
The proposed project is 181,100 Square feet above grade with an ~ square
below grade. The proposed breakdown of uses, excluding common areas
West Building 11,650 square feet
Building 7,050 square feet
Level 2: West 11,650 square feet
East Building
East Building (roof terrace)
Level 3: West Building uarexf*'e,[
5,950 square feet'~f terrace)
West Building 7.050 square feet ~
East
Level 4: 1! 525 square feet each
Level 19 Hotel Suites 525 square feet each
evel 6: 19 Hotel Suites 525 square feet each
-6-
Level 7: 8 apartments/condos (2 bedroom) with balconies (1,1 O0 square feet) , '
1 apartment/condo (2 bedroom) with balconies (1650 square feet) ~
Level 8: 8 apartments/condos (2 bedroom) with balconies (
1 apartment/condo (2 bedroom) with balconies (
Level 9: (2 bedroom) with balconies square feet)
1 (2 bedroom) with square feet)
Level 10: 8 ; bedroom) ~ [1,100 square feet)
1 apm-hnent/condo . balconies (1650 square feet)
Level 11: 8 apaxhnents/condos balconies (1,100 square feet)
1 bedroom) (1650 square feet)
Level 12: East apartments/condos with ,100 square feet)
Level 12-13.'~t Building: 4 two-level penthouse units (1,650
Lev~3-14: East Building: 2 two-level penthou? unit,s (2100 square feet, eact
square feet of roof terraces and balconies).
-7-
·
· D. ESTIMATED COST OF IMPROVEMENTS
· McComas-Lacina has committed to construct this project. While it may be
· -~ other developers should another developer be selected, ours are the only plans that
~ reviewed and we are the only developer for whom McComas-Lacina has provided
·
· cost: $20,710,594
· : 1.553.294
· $22,263,888
·
E. EQUITY CAPITAL AND
Financing expectations and assumptions:
·
i) 75% to 80% financing with 25 greater than 7.5% interest. We
· have been in lengthy I lender (Firstar Bank)
· regarding this enjoyed a 20+, with Firstar and its
real estate projects, has expressed serious
· interest in ~roject on terms better than those set Based on our
and credit history, we have been offered financing at. V2'"poi~ under Wall
· ~ on our upcoming project at 229 Iowa Ave. A firm commitment c..~ be
I [ preferred developer is chosen and the terms of the development rights'am...
We have every reason to believe that a financing commitment will be made ~
I promptly should we be selected as the preferred developer.
I TIF financing on 100% of the construction costs.
1
iii) Equity capital of approximately $1,000,000.00. Probable source is equity from currerltly
owned real estate (most likely in the form of funds from refinancing).
please refer to the financial data provided herewith.
,
Our offer to purchase the development rights for $250,000 .
'",~alue of the land involved. We seek to develop this property with oflo~a City
at-'~t~orefi'ont of the development and design considerations./~ id ant~ci >ate
uses are~l.~amic and exciting but are not as profitable as a aa6re routine, less expe. nsive
project. A ~ which fils the entire lot, at less than: imum hei[ .hr ..and catering to
student housing, ~be less profitable initially. It would
allow for a larger amoun't-O but would do nothing to
further the long term Iowa City. In fact, such a development at
this prime location may well be a ; term commercial development
downtown. This would be ,'s urban renewal efforts.
We respectfully for the development rights be
r of the project we are' We see this as an
oppommity to I ' in developing a grand
downtown Iowa City. To this end we are ~ to
paymem for the development fights and the
We are negotiable on the price depending on other aspects of the ~ : that
r be reached with the City. If the City views our development proposal as the
development, we are confident, based on our past experience with the City, that tei-ii~s can
be reached that will be agreeable to everyone.
1
I
SITE PLAN, FLOOR PLANS AND ELEVATION ~ '
A rendering of the proposed project is included as the first page of this proposal. A site'
floor are set forth in the following 9 pages. Awarding development rights to 64-1a is an
decision, its decision as to the preferred developer the City is entitled to and
detailed }feach project being proposed. To this end, we have invested $25,000 in
design fees ;of our proposed project.
Plaza Towers
NEUMANN MONSON
ARCHITECTS
N
The Plaza Towers
NEUMANN MONSON
ARCHITECTS
N
The Plaza Towers
NEUMANN MONSON
APC-[TECTS
N
m
.,l ! me Plaza Towers
NEUMANN MONSON
ARCHITECTS
m APARTMENTS-
· 7T., 8TH, C~1-1, 10TH AND 11TH LEVELS
-" ~" PlaZa Towers
N£UMANN MON$ON
ARCHITECTS
1
: APARTMENTS/CON~MINIUMS~ - ~ ~""
ml2m L~EL
Tl~e Rl¢.za Towers
NEUMANN MONSON
x~CHJTEC~S
· APARTMENTS/CONDOMINIUMS- ~
· 13~ LEVEL
N£UMANN MONSON
· //.. ARCHITECTS
I
INEUMANN MON~
'~Si~'ACI~ A R C H I T E'C T S
I -
DEVELOPERS' EXPERIENCE
~We enjoy a very positive relationship with our tenants and we are proud of the
deliver."W.e..~trive to provide quality facilities with maximum personal attention and s
tenants. We a~a$..capacity in all our commercial and residential space, and we have/~ lists at
each project for bo~and residential space. J
~ are no.t .reside~acilit~ies with ground floor ~pace included only out
of n~~a!.compo, ne.fi'ts.~our.buildings and integrity of the
projects. We have successfully worked at a ' g strong
Successful operation requires extreme attention to
detail. At least one principal of our groupdl times been involved in the day to day
operation of each project. Marc Moen management of the
Iowa City real estate and wilt in that role. If awarded this proj .~ to the City that
we will be personally of this project including design, and operation
of the completed facility.~c Moen will live at the new location and will personalb.
operation
W.~tlave. also enjoyed a positive relationship w~th the C~ty council and staff. We were shown
eve~. ourt~, sy. in co.nstr~ cting the Whiteway 2000 building. That project was a joy for us and that
~xlSerience is incentive for us to pursue further development projects in the central business district.
We would be honored to be involved with the City in the development of 64-Ia.
OTHER PROJECTS: ·
We currently own and manage:
~210-212 South Clinton Street). A 6 ½ story building which houses a
and 39 unique one bedroom residential units.
(103 East College Street). A 3 homing a
brokerage firm; optical store the Associated Press; the I a dental
office; corporate headquarters Concepts; a firm; a non profit
organization for pregnant women; and five
The Blackstone Build•ne (118 South Dubuque 5 3 story'~filfl.~g which houses a nightclub and
11 one bedroom residential units. ~ ~
-- The Iowa Theater Building, (1 Dubuque Stree. t)..A 2 story commercial buildin"g.~hough
,,, Burger King was leased within a matter of days to a new tenant. ~-~
· North Linn St). A 3 story office building housing two resaurants (Lirm Street
Caf6 and l l_aJames Beauty School and Day Spa; a mall, packaging and shipping business; a
· maj, engineering firm; four psychology firms; an architectural firm; and a law firm.
·
·
· -21-
·
·
We close on 229 Iowa Avenue on September 1 and construction will begin immediately '~
thereafter on a three (3) million dollar project. We also own Woodlawn Apartments, a historic 17
unit apartment buildin~ an historic building at 318 Esst Jefferson Street with 5 residential units, and
f our properties has umque architectural features and most of them have
significance.~me a successful venture.
Wew~shtocontmu"' ''' " e-' in downtown lowa City. Itis ,'s vision in
constructing £ in the Iowa Avenue to
commit to a 3 million dollar project Avenue. Likewise, vision in upgrading the
Pedestrian Mall and building an 18 million
desirable. The City has done a magnificent job in downtown. It is an exciting
and vibrant place to be. We believe strongl) City and want to be involved in its
continued development. Our proposal is intended has set for
development of the downtown area.
Michael S. Moen Investmem Banker. Mike has 25 years experience in the
industry in numerous successful real estate ventures in Iowa and in other
·
· Moniea B. Moen - Attorney. Monica was formerly on the staffofthe Iowa City Planning Department.
· She is well versed in land use planning and land uSe law. Monica has been involved in real estate
investment in Iowa City for 20 years. She is in private practice with the firm of Evans Keane in Boise,
· Idaho. She is also counsel to Idaho Power. Monica has a keen interest in Iowa City and in the future
· intends to once again become a resident of Iowa City.
· B. Moen -Attomey. Marc is a practicing attorney in Iowa City. Marc has been involved in
in Iowa City for 20 years. He is also involved in the daily management
· Iowa Cit)
·
·
· McComas - Laeina - our project, is Mike Hahn
who is a principal in that firm. McComas - was our ~ne million dollar
· renovation of the Savings and Loan Building and Whiteway 2000 Building.
· It is also our general contractor on the 229 Iowa will begin in September.
·
· Neuman Monson Architect )roject.
Kevin Monson is a principal in the our primary contact. ~ was our
· architect on the Savings and Loan on the Whiteway 2000 Building. I~
· architect for the project at 229
·
MIB Structural ~tmctural engineering firm responsible for the structural engineering of
· our proposed Jack Miller is a principal in the fa-m and is our primary contact. M2B was our
· ~ Whiteway 2000 Building and is doing the structural work on the project at
· -23-
PERSONS FAMILIAR WITH OUR PRIOR WORK
The following individuals are familiar with our prior work and may be contacted for verification of
prior satisfactory performance:
Kevin Monson, Neuman Monson Architects ph. 319.338.7878
McComas Lacina Construction ph. 319.338.1125
Bob Sierk ph. 319.356.9000
Jeff Peters, Firstar ph. 319.328.3032
You may also contact any of our or residential tenants of our real
estate ventures.
64-1a deserves top quality design, . and management, will give.
absolute priority to this project. We are i to making this project a success. It : only be
a building that the citizens of Iowa proud o~ but a successful thriving hui
activity. The component to defining the future of
downtown Iowa mccess of the project is critical. Whether it be us or another developer,
we urge that the serious consideration to awarding this project to a local developer who is
personally the facility.
-24-
THE PLAZA TOWERS
'~ A COMMERCIAL & RESIDENTIAL DEVELOPMENT
~ SUITE 300, BREWERY SQUARE
~ 123 NORTH LINN STREET
~ IOWA CITY, IOWA 52245-2147
Telephone: ~ E-MAIL: mmoen@icialaw.com
319358~)400 ~
August 3, 2001
Stephen J. Atkins ~
cCity Manager ~
Ci
Iowa City,_IA 52240 /
City of Iowa City, Urban Renewal /
D
Th land
from~ty, hereafter referred to as the "City".
-25 -
The terms of the offer are as follows:
1...~ The Offeror acknowledges receipt from the City of a copy of the City-Universit5
plan has been duly approved and recorded in the office of the City Clerk ( of the
containing the instructions for submitting an offer to rights for
2. The Offeror ~ City the developmem rights for the referenced at the price hereinafter set forth
in accordance with the ; of the Plan and the RFP.
Parcel No.
64-1A $250,000.00
In making th_is offer, the Offeror acknowledges that ~ familiar with the project site and the provisions of
the Plan and the RFP.
3. It is agreed that this offer shall remain open for a ii ; hun~t.~afty (I 50) days from the final date for delivery of offers
(as specified in the RFP) and shall remain in force ~ fless withdra-"~y the Offeror in writing, and that the City may
reject any and all offers, and may waive any~yre~ ,i in. ~
4. If selected as the preferred developer, ¢~e~Offeror agrees to transmit a certified check in~te....a?ount of $10,000 payable to the
order of the City of Iowa City, be~g~ good faith deposit for the D~el for which'th~oposal is made.
The good faith deposit will..eld by~ !he~F, inanc, e Director of the C'~y as security for the~-ffl~_~ce of and
subject to City Council ~ [~faration of forfeiture in accord with Sect'~m the event of breach"og4?rformance
of the obligations Offeror pending exec.u, tion of the develop~ection 5, hereunde'l'~ such
check may be C in an account of the City in a bank or trust ~ deposit will be held by th'e-~ity
~uch time as substitute security is provided under terms of the agreement referred to in
,r following execution of such agreemem.
-26-
5. If this offer is recommended for acceptance, the City must advertise its intent to sell by an appropriate legal before
~~Upo~n nofurnishing a development agreement for execution by the Offeror.
tification of acceptance of this Proposal in the manner provided for in Section 11 hereunder agrees to
pe-ffot~the remaining conditions of this offer and thereafter to execute ~ deve opment ag ieement~ it to the City, to
make any~itute good faith deposit required thereby, to perform by the terms of the d, ,velo~enl agreement and to complete
the purchase o~position Parcel in the manner set forth in the development agreem, ~ ·
It is agreed that the indlvid~ual qualities of the Offeror are a material term and the Off~ shall not assign or transfer to any other
party any interest in this offe~lar~r to notification of form. al acceptance or re ~ffby th~ ~ City Council of Iowa City, Iowa. It is
further agreed, 'm the event that t~-'s-o~er is accepted, that the Offeror shall r )rior to or after execution of the development
agreement, assign or transfer any interes't--i~ :he development agreement the written consent of the City Council of Iowa
City. The City Council of the City transferee the same
Statement of Public Disclosure, Statement of( and narrative setting forth the
developers experience and intent for
6. In the event this offer is accepted by the City Council [ the Offeror fails or refuses to perform the remah-fing
conditions of this Proposal, and to (90) days of the announcement of the
Offeror as the preferred developer, or such s may he t ~ the City, the City may terminate all rights of
the Offeror hereunder, declare Offeror'., faith deposit forfeited, and retain City may then proceed with other
arrangements or plans for the sale which this offer relates.
7. The Offeror warrants that no agency has been employed or retained by )r secure the acceptance
of this for a commission, percentage brokerage, fee excepting the
following bona fide t or broker: (If none, so state.)
-27-
Offeror states and represents that no person or agency claiming to be employed or retained by Offeror
with reference to the proposed sale of the subject land other than the following: (If none other than staffemployees,
None.)
NONE
It is agreed that the City shall not be liable for incurred by the Offeror for commissions,
percentages, brokerages, contingent or fees of any kind relating to t
For breach of violation of the warranty in this section, the right to annul its acceptance of this offer, or the
contract to rise thereupon, declare Offeror's and retain same.
8. It is agreed that the deposit of the Offeror may be Cit> withdraw from the sale of the
Disposition Parcel at an, possession reason of the City of Iowa City,
Iowa, being enjoined or prevented from so, by any order or decision or superior
executive body having authority in the ] It is further agreed that the City S r for failure to deliver title
to such disposition parcel to ~od faith attempt to do so but said reasons.
9. It is expressly agreed and y the Offeror that the City is making no representations with respect to so~'it~onditions,
structural conditions, and the like, and further that the Offeror is making no reliance upon any studies of
such conditions City, and also that the Offeror has inspected the site for which this offer is being made and has
the conditions of both the surface and subsurface of the site. Further, it is agreed that the City has permitted
access to purpose of making soil testing, borings, and the like.
·
·
·
·
·
· The Offeror transmits herewith, for the approval of the City ten (10) copies each of the following
·
a.
·
· b. in full detail any and all deletions, or any other
modifications to the s provided by the City.
·
· c. Redevelopers Statement of(
·
· d. Redevelopers Statement for Public Disclosure.
·
e. A written narrative which describes the
·
· f. A site plan and elevation ~roposed development concept, as called for h
·
g. A written narrative forth the developer's experience, as called for in the RFP.
·
· 11. It is agreed that ~ ~ffer shall be made by depositing such acceptance or rejection by the City in the
United Offeror at the business address set forth below, and acceptance or rejection shall be
· at the time of such mailing.
·
·
-29-
·
·
·
·
· Submitted tkis 3rd day of August, 200t,
·
Marc B. Moen
· 210 South Clinton Street, Apt. 601
· Iow~m, Iowa 52240
00
· /¢~(~hae~ s. ;.oen
· v604 Locust, Suite 212
Des Moines, Iowa 50309
· ·· 800,235.0418 ~ ~ ~ ~
· Monica B. Moen
2239 Cliffview Way
· Boise, Idaho 83
208
·
·
·
·
·
·
·
· REDEVELOPERS' STATEMENT OF QUALIFICATIONS AND FINANCIAL
· 1. Name of Redevel0Per: Michael S. Moen; Monica B. Moen; and Marc B. Moen
b. and ZIP Code of Redeveloper:
·
Michael
· 604 Locust.
Des
·
Monica B. Moen
· 2239 Cliff-view Way
Boise, Idaho 83702
·
· Marc B. Moen
210 South Clinton Street, Apt. 601
· Iowa City, Iowa 52240
· c. Phone and fax number:
· Mike Moen
Phone 800.235.0418
· Fax 515.282.7813
· Monica Moen
Phone 208.33~
· Fax 208.3
·
· 319.351.3900
Fax 319.338.2414
·
· -31-
·
z>-......~ The public land which the Redeveloper proposes to enter into a contract for, or understanding with respect to, for
·
development purposes from the City of Iowa City, Iowa in the City of Iowa City, State of Iowa, is follows:
·
· ;4-la
· 3. Is the Redevelope~ of or affiliated with any other corporation or corporations , other firm or firms?
I21 yes ~ no
·
· If yes, list each such corporation or firm by ~ to the Redeveloper, and identify the
· officers and directors or trustees common to tt~ t or firro_
· 4. a. The financial condition of the Redeveloper, as 3, s reflected in the attached financial statement.
(NOTE: In a separate envelope submitted; ; statement are 10 co~"[fi~s~f compiled financial statements for Michael
· Moen and Marc Moan showing the ~_9et~ and the liabilities, including,%on!~t, ies, fully i? .miz, ed, i~. ac~c?r .dance
· with acoepted acco ,tin ddit o, 10 cop es of Momca
Moen's and Marc Moan's r, tate investment holdings are identical in all respects 0.e.,'~a.~ own ~aanucat ~xm~,j.
·
Therefore, statement for Marc Moen would apply equ~.~y to _M. oni~c~h res?ct to all real
investment, data submitted in the separate e~~nd/°r~nd we
·
estate
request that confidential and not disseminated.)
·
· b. of auditor or public accountant who prepared the compiled financial statement as noted in Section 4.a.
Carlson, 118 S. Clinton St., Iowa City, IA 52240; Roth & Company, P.C., 866 Walnut Street, Suite 1450,
· Des Moines, Iowa 50309.
·
7. Names and addresses of bank references:
Firstar Bank, Bob Sierk, Iowa City, Iowa
JeffPeters, Commercial Real Estate Lending, 201 W. Second: IA 52801
Vanni, Iowa City, Iowa
Hills Bank & Trust, Iowa City, Iowa
8. a. Has the Redeveloper subsidiary or affiliated corporation of Redeveloper of said
parent corporation, or any of the Redeveloper's c shareholders or investors, or other interested
parties (as listed in the responses to Items 5, ( 7 ~ Statement for Public Disclosure and referred to
herein as "principals of the ,r voluntary or involuntary, within the past 10 years?
[~ yes [] no
If yes, give date, place and
b. Has the Redevel, cl~r or anyone referenced to above as "principals of the Redeveloper" been indicted for or convicted of any
felon~e past ten years? ~1 yes [] no
~S~a~yV.e for each case (1)date, (2)charge, (3)place, (4)Court, and (5)actiofi taken. Attach any explanation deemed
-33-
~ If funds for the development are to be obtained from sources other than the Redeveloper's own funds, a statement of the
~per's plan for financing the acquisitio.n, of the land and the redevelopment project:
PFel~Section E at page 8 of this proposal. / ~
6. Sources ard amount of ~ a~~Redeveloper~ to meet equity requirements of the proposed undertaking: By refinance of currently held real estate~.~
Souree Mnr'k~ue~ Mortgages or L~ens'
If yes, give date, place and under what name.
b. anyone referenced to above as "principals of the Redeveloper" for or convicted of any
felony ~ yes ca no
If yes, give for each case (2) charge, (3) place, (4) Court, and (5) . Attach any explanation deemed
necessary.
9. a. Undertakings, comparable to the been completed by the Redeveloper or any of
the principals of the Redeveloper, including brief description of each project and date of completion; and
names and phone numbers of persons at the that can verify the work.
Whiteway 2000 - 6-1/2 stor Commercial main floor; 1 at levels 2-6 (2 story lofts on 6th floor).
Completed August 2000.
Mike Hahn, McComas L/aC/ma, phone 319.338.1125
Kevin Monson ~tm Schroeder, Neuman Moason Architects, Phone 319.338.7878
b. If the Redeve)olfer or any of the principals of the Redeveloper has ever been an employee, i~ ~, for
construct~fcontractor or builder on undertakings comparable to the proposed redevelopment work, name of such
employ, name and address of employer, title of position, and brief description of work:
-34-
10. If the Redeveloper or a parent corporation, a subsidiary, an affiliate, or a principal of the Redeveloper is to participate in the
development of the project as a construction contractor or builder:
N/A
a. and address of such contractor or builder:
b. Has s or builder within the last 10 years ever failed to qualif) refused to enter into a
contract afie :, or failed to complete a construction
If yes, explain: [21 yes
c. Total amount of construction or development work by such contractor or builder during the last three years:
$
General description of such work:
d. r such contractor or builder:
Contract or Development Location Amount Date to be Completed
-35-
e. Outstanding construction-contract bids of such contractor or builder:
Amount Date
11. Brief statement respecting financial capacity, available to such contractor or builder
for the performance of the work in the particularly the qualifications oftbe
personnel, the nature of the ~fthe and the experience of the personnel with similar
public/private development projects and/o
N/A
12. Does any member of the governing .body of the l~y in which the is situated or any other public official of
the locality, who exercises any fnnct~o,ns_ ~ o_r_,~_ ___p~__m_i_b_~?s in the reviews or approv'~J~.h.e carrying out of the project under
which the land covered by the Redeve~r's proposal is being made available, have any ~.c~or indirect personal interest in the
Redeveloper or in the redev~or rehabilitation of the property upon the basis of such pro~
If yes,s, exp~explain. ,--
13. State~vidence of the Redeveloper's qualifications and financial responSibility (other than the financial statement
referred to in Item 4a) are attached hereto and hereby made a part hereof as follows:
-36-
CERTIFICATION
Michael S. Moen, Monica B. Moen and Marc B. Moen, certify that this Redeveloper's Statement of(
[ the attached evidence of the Redeveloper's q~
= to the best of our knowledge and belie~///~j Dated
Des Moines, Iowa 50309 Iowa 52240
:8.0400
2239 CliflMew Way
Boise, Idaho 83702
208.336.4099
this statement should be signed by the President and Secretary of the corporaEon, together with supporting documentation that persons are
authorized to enter into e~l ~ if an individual, by such individual; if e paltnership, by one of the partners; if an enEfy not having a president and secretary, by one of its
chief officers ~isdge of the f~ancial status and qualifications of the Redeveloper.
.~P~alty for False Certifioat~on: Sec~)n 1001, Title 18, of the U.S. Code, provktas a fine and/or imprisonment of not more than five years, or both, for knowingly and wilifuliy
makin_j~r using any faise writing or document, knowing the same to contain any false, fictitious or fraudu~nt statement or entry In a matter with the Jurisdiction of any Department of the
U...~Ced States.
-3%
REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE3
A.
1.a.
Michael S. Moen
Moo. ica B. Moen
Marc B. Mocn
b. Address of Redeveloper:
Michael S. Moon
604 Locust, Suite 212
Des Moincs, Iowa 50309
Monica B. Moen
2239 Cliffvicw Way
Boise, Idaho 83702
Marc B. Moen
210 South :, Apt. 601
Iowa 52240
3If space on this form is inadequate for any requested information, it should be famished on an attached page which is referred to under the appropriate
numbered item on the form.
-38-
c. Phone and fax number:
Mike Moen
100.235.0418
Fax 51 7813
Monica Moen
Phone 208.336.4099
Fax 208.345.3514
Marc Moen
Phone 319.351.3900
Fax 319.338.2414
2. The public land which the Redeveloperproposes to enter ntract for, or understanding with respect to, the purchase of
land for private development purposes from The City in the City of Iowa City, State of Iowa, is described as
follows:
Disposition P 64-1 a
3. If the Redeveloper ~s business under the Redeveloper's Redeveloper has the stares
indicated below and is under the laws of the State of
__ A corporation.
__ A nonprofit or institution or corporation.
or joint venture known as
State or local government or instrumentality thereof.
__ Other (explain)
-39-
4. an individual or a government agenc3
5. Names, addresses, title of and nature and extent of the interest of the, and principal members,
other than a government agency or ' are set forth as follows:
a. If the Redeveloper is a corporation, directors or at least 5% of any class
of stock.4
b. If the Redeveloper is a nonprofit or charitable the members who constitute the board of trustees
or board of directors or similar governing body.
c. If the Redeveloper is a partnership, each general and either the percent of interest or a
description of the character and extent
d. If the joint venture, each participant and pe~t of interest or a
description c of interest.
e. If the the officers, the members of the governing' body, and each person having-'anqnterest
of at least 5%.
periodic reports with the Federal Securities and Exchange Commission under Section 13 of the Securities Exchange
Act. oleg34, so state under this Item 5. In such case, the information referred to in this Item 5 and in Items 6 and 7 is not required to be furnished, but said
periodic reports must be provided in lieu of said information.
-40-
POSITION TITLE (IF ANY) AND PERCENT
NAME OF INTEREST OR DESCRIPTION OF
Michael S. SuRe 212, Des Moines, IA 50309 Owner 50%
Monica B. [y, Boise, ID 83702 Owner
Marc B. Moen, 210 Apt. 601 Iowa CRy, Iowa 52240 Owner
6. Name, address, and nature and extent of interest Item 5) who has a beneficial
interest in any of the e to i who entity at least a
computed 5% t 10% holds 50% of the
stock of the Redeveloper; or more ~fthe stock of the Redeveloper):
NAME. ADDRESS AND ZIP CODE
7. Names (if not given above) of officers of any corporation or firm listed or Item 6 above:
-41-
CERTIFICATION
We5, Michael S. Moen, Monica B. Moen and Marc B. Moen, certi~ that this Redeveloper's ,Statement for Public Disclosure is
c°rrect t° ~_~5~qa~//~/~°ur kn° wledge and belief*.
cD ate d.~7 ~/~,, ~/,~/~-...A Dated:
Michael S. Moen
604 Locust, Suite 212 210 601
Des Moines, Iowa 50309 Iowa City,
800.235.018 319.358.0400
h~.d~ca i~ hoen
2239 CliflView Way
Boise, Idaho 83702
208.336.4099
5if the Redeveloper is a C~~y the President and Secretary of the cotForstion, together with supporting docume~
authorized to enter into a real estate~ t~~al,~; a partnership, by one of the partners; if an entity not having a president and secretary, by
chief officers having knowtedge o~.~ff-e financ/bl status and quali~catlons of the Redeveloper.
~n~~, provides a fine and/or impdsonmant of not more than five years, or both, for knowingly and will~lly
-42-
Federal Aviation Administration AERONAUTICAL STUDY
Central Region, ACE-530 No: 00-ACE-2242-OE
901 Locust
Kansas City MO 64106 ~O~
11/30 00
IOWA CITY, IA ~5
** PRES~D ~Z~ **
The Federal Aviation has an aeronautical study
under the provisions 49 U.S.C., Section and, if applicable,
Title 14 of the Code ~ederal Re~lations part 77 concerning:
Description: BUI~ING
Location: IOWA CI~ IA
Latitude: 41-39-31. N~ 83
Longitude: 091-31-55.60
Heights: 240 feet level (AGL)
918 feet sea level (~SL)
The initial findings of this ~dicate that the structure as described
~ove would exceed obstruction ~rds and/or would have an adverse
physical or electroma~etic intez effect upon navigable airspace
~r air navigation facilities, pendin~ resolution of the
~ssues described below, it is that the st~cture is
presumed to be a hazard to air
If the st~cture were height as not to exceed 158 feet
above gro~d level ( 836 above mean ~ea level), it would not
exceed obst~ction st~dard and a dete~ination could
s~se~ently be issued.
~y height exceedin~ 15~ above ~ro~d ( 836 feet above
mean sea level) will in a s~stantial effect and would
warrant a Dete~ination Hazard to Air Navi~ 'on.
See attachment for info~ation.
A copy of this will be fo~arded to Federal Co~unication~
Commission if the st is s~ject to their ~sing authority.
NOTE: PEKING ~Sf OF THE ISS~S DESCRIBED THE IS
PRESSED TO BE A TO AIR NAVIGATION. THIS DOES NOT
A~HORIZE OF THE STRU~E E~N AT A HEIGHT.
RESOL~ION OF DESCRIBED ~O~ ~ST BE TO THE F~
SO T~T A DETE~INATION ~ S~SEQ~LY BE
IF MORE T~ 6( lAYS FROM ~E DATE OF THIS LETTER ~S ~ED WITHO~
ATTEMPTED IT WILL BE ~CESS~Y FOR YOU TO 'IVATE THE
-43-
EXHIBIT D
MINIMUM IMPROVEMENTS AND USES
2001 the Redeveloper submitted a shown
on in response to the City's request for proposals to Renewal
fi4-1a a private redevelopment project. The provided
an undetermined mix of rental ~
residential units uncertainties pertaining to the ',pace. The
"Minimum · now be more specifically as follows:
1. The project space including at least
10,000 square feet for a level conference space of no less
than 18,000 square feet, andless than 50 luxury suites. The remaining square
footage of the above street will be a ct and
residential space. Any shall not more than two bedrooms per
unit except with written approval street level commercial uses should
add to the activity and vitality of the throughout the day and
into the evening and should not of "dead space" in the evening
hours. Redeveloper has the right to sell units in the project at any time
subject to the terms of this Agreement .~ Minimum Assessment Agreement.
2. The Redevelol: sion of a drive-up book drop for the Iowa
City Public Library to be located the comer of the site, with access through
the surface parking lot to the of the project egress through the existing alley.
3. Valet parking, if will be to Library patrons at the
hotel entrance at no cost patron or the City valet service, however, hotel
patrons will be given pti, for the valet service, f patrons shall be responsible
for the actual cost of
4. The shall provide public access the third level of the
Dubuque Street ramp to the second level of the through the
project to an and stairwell on the north side of the ject, accessing the
pedestrian mallfrom the entrance to the Iowa City Public This public
access shall beto public use during reasonable hours and be provided via
either a walkway and/or through the interior of a portion building. The
Redeveloper bear all costs associated with the provision and of this
access.
5. covered walkway will be provided along the east face of the at the
Linn level.
37
6. With the reconstruction of the sidewalk on the west side Street (along
the east face of the Project), the City shall permit the construction of a off lane for
use by the hotel.
Parking for the hotel use shall be provided in a facility in
the Iowa City Zoning Ordinance, Ch.14-6N-1J(2 which requires a
separate the owner of the hotel and the City of Parking and
Transit. be on terms at least as favorable to as the current
~ the owner of the Sheraton Hotel and the Department of Parking
8. The shall provide one public parking
space at the east end surface parking lot at Project site.
9. Radio eripherals: The will provide space on the roof
of the Project if reasonably le for the Iowa Cable Division's radio antenna and
shall also provide suitable for the associated peripherals if
reasonably feasible. The Iowa ~ ~'able shall be responsible for all operating
and utility costs for this system; associated with the equipment or use
thereof; indemnify and hold for any damages, including attorney
fees and costs, arising from the aforesai( obtain all necessary permits or other
authority needed to install and devices on the Project; and reimburse
Redeveloper for any costs, including in any way related to the placement
or operation of the ~
38
EXHIBIT E
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
AND VOGEL PROPERTY
Redevelopment Property:
Beginning at comer of Block 64, Original Town, City, Iowa; Thence
S00°07'00"E. alon East line of said Block 64, a distance feet to the Southeast
comer of an 725 e 327 in the Office of the
Johnson County the Northeast comer of the City City parking ramp; Then
S89°5 l'17"W, along the ' line of said amended agreement and the Northerly
building face of said 20.04 feet; Thence S00°I along said Southerly line
and said Northerly building feet; Thence N89°55 said Southerly line and
said Northerl, ; face, to the parcel of land recorded in
Book 1320 at Page 5 Thence the Easterly line of
said parcel 199.54 feet to Thence N89°25'20"E, along the
North line of said Block 64, a distance to said Point of Beginning. Said parcel
contains 1.02 acres and is subject to
go
Commencing at the Northeast comer of 66 in City, according to the recorded plat
thereof, thence West along Iowa 45 thence 69 feet, thence East 45 feet to
Lirm Street, thence North along Linn: the of beginning.
39
EXHIBIT F
PUBLIC ACCESS EASEMENT AGREEMENTS
Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa
~T
FOR PLAZA TOWERS, IOWA CITY,
THIS tlENT, made and entered into by and betwee~ ~e City of Iowa City, Iowa, a
municipal hereinafter referred to as City, and L.L.C., a limited liability
corporation under the laws of the State of Iowa referred to as Plaza
Towers.
WHEREAS, g to construct a m~ -use structure on Lot l(a) of Block
64, Iowa Iowa, structure shall contain facilities, extended stay hotel
suites, ~ units and commercial sp~ (hereinafter Project); and
WHEREAS, to ensure access to the comme spaces and to ensure appropriate
traffic circulation through the granting a public access easement to
the City over and across the area of ect site; and
WHEREAS, the City and Plaza have re~ agreement concerning public access
through the Project site which ac the wish to reduce to writing.
IT IS HEREBY AGREED A,~
For the sum of One Dollar and other ~ble consideration, receipt of which is hereby
acknowledged, the Subdivider hereby conveys to the City, an easement for the
purposes of the right of public and City to the area designated as "Surface
Parking/Grocery Pick Up", (hereinafter 3") as shown on Plaza Towers' proposal,
attached as Exhibit "C" to the for the and Sale of Land for Private
Redevelopment (hereinafter "proposal" by'this reference made a pad hereof.
The grant of rights under this Easement ,~ment provides the City, City service
vehicles, fire apparatus vehicles general public a means of ingress, egress and
passage over the surface parking a designated as ~arking/Grocery Pick-Up on said
proposal.
With regard to Public the surface parking area, the
general public's right of ingress, ress and passag, "reasonable hours",
which is defined as 6 a.m. to p.m. Plaza Towers may or otherwise prohibit
public access over the ,arking area during the hours of 11 to 6 a.m. The rights of
City service vehicles and apparatus vehicles to ingress, and passage shall be
unlimited at all times.
With regard to the Public parking area, the
Iowa City Police is hereby authorized to ticket, tow or cause towed, pursuant to
the Code of Iowa, as any motor vehicle that has been parked placed upon the
the parking laws of this City and State. shall serve
as appropriate such authorization to the Iowa City Police
Iowa, as amended. Towers and its assigns hereby also agree to release ' and
hold harmless the C its officers, employees and agents from any damages, es
or liability resultinc ' ticketing or towing as authorized under the precedin~
Additionally, the City Fire Department is hereby granted an easement with right of
access over and above-described easement area. Said right of access
the right of nor access and posting for the purposes of enforcing Fire
Standards unde~ Uniform Fire Code, as amended.
40
The City shall indemnify Subdivider against unreasonable loss or damage which may occur in
the negligent exercise of the easement rights by the City. Except as expressly provided herein,
the City shall have no responsibility for maintaining the easement area.
Plaza Towers reserves the right to use said easement area for will not interfere
with the City's full enjoyment of its rights hereby granted; provided that Towers shall not
'~struct any building, fence, retaining wall or other structures the easement area;
plant ar drill or operate any well; or construct any reservoirs or said
area; or nish or substantially add to the ground cover over easement area with the
exception installation, construction and maintenance of the eas
Nothing in Agreement shall be construed to impose a requi~ City to install the
surface ~, pick-up area at issue herein. Nor shall be deemed acting as
the City's agent original construction, of said easement
area. Parties the obligation to install the surface par pick-up area at issue
herein shall ~nce with City specifications, and the ~ ~tion shall remain on the Plaza
Towers until completion Plaza Towers.
Plaza Towers hereby the City that it y seized and possessed of the real
estate above described ~at it has good and lawful rig or any part thereof.
The ~ure to the benefit of and the successors and assigns of the
respective parties hereto, to apply to and run with the land and
with the title to the land.
Dated at Iowa City, Iowa, 2002.
CITY OF IOWA CITY, IOWA
By:
Ernest W. Lehman, Mayor
ATTEST:
Marian K. Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Mar t
By: Michael Moen, Secretar
4!
STATE OF IOWA )
)
COUNTY ~ )F ,JOHNSON )
day of ,20__, me a Notary Public in
and for said ~ty, personally appeared Ernest W. Lehman and K. Karr, to me
personall' who being duly sworn, did say that they are th~ City Clerk,
respectivel! ;ity of Iowa City, Iowa, a Munici created and existing under
the laws of the and that the seal affixed to the fo instrument is the seal of
said Municipal Co~ and that said instrument was sigr sealed on behalf of said
Municipal Corporation authority and resolution of its City and said Mayor and City
Clerk acknowledg strument to be the free act and Municipal Corporation
by it voluntarily executed.
Notary PL in and for the State of Iowa
STATE OF IOWA
)
COUNTY OF JOHNSON )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for the Iowa, personally appeared Marc B. Moen
and Michael Moen, to me personall, by me duly sworn, did say that they are
the President and Secretary, respective bEC., an Iowa limited liability
company, executing the within I to which this is attached, and that no
seal has been procured by said instrument was signed on
behalf of the limited liability compan of its nbers; and that Marc B. Moen and
Michael Moen as officers acknowl( ~d the foregoing instrument to be the
voluntary act and deed of the limi liability by them voluntarily executed.
Notary Public in; ,r the State of Iowa
42
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City 356-5030
PUBLIC PEDESTRIAN ACCESS EASEMENT AGREEMENT
FOR PLAZA TOWERS, IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, a
mumc~ ~ corporation, hereinafter referred to as City, and Plaza .=rs, L.L.C., a limited liability
col organized under the laws of the State of Iowa, referred to as Plaza
Towers.
WHEREAS, Towers is planning to construct a multi-use st on Lot l(a) of Block 64,
Iowa structure shall contain conference facili extended stay hotel suites,
mum units and commercial spaces (herein~ and
WHEREAS, to public access to the commercial and to ensure pedestrian
circulation through Project site, Plaza Towers is g a public pedestrian access
easement to the Jgh, over and across the bridge connecting the Dubuque
Street Parking rough the Project site; and
WHEREAS, the City and Towers have reached pedestrian
access through the Proj agreement the to reduce to writing.
IT IS HEREBY AGREED
For the sum of One Dollar and consideration, receipt of which is hereby
acknowledged, the Subdivider hereby conveys to the City, an easement for the
purposes of the right of public pedestrian through, over, and across the area designated
as "pedestrian bridge" and "access to parking 4ow", (hereinafter "easement areas") as shown on
Plaza Towers' proposal, attached as Exhibit the Agreement for the Improvement and Sale
of Land for Private Redevelopment (hereir which proposal is by this reference
made a part hereof. In addition to ~blic pedestrian access easement shall also
extend through the Project to an elevator on the north side of the project, accessing
the pedestrian mall across from the City Public Library (hereinafter, "interior
access"). The grant of rights under thi., Easement Agreement provides
the City and the general public with ingress, ress and passage through, over and
across the easement areas access as desi< said proposal and built within the
Project.
With regard to the Public Pedestrian through, over and
across the easement areas and ;, the 'ight of ingress, egress and
passage shall be unlimited duri~ "reasonable hours", 6 a.m. to 11 p.m. Plaza
Towers may regulate, restrict otherwise prohibit public access h, over and across the
easement areas and ~g the hours of 11 p.m. to 6 a.m.
The City shall indemnify bdivider against unreasonable I~ may occur in
the negligent exercise of t easement rights by the City or its agents in capacities.
However, this indE expressly excludes loss or damage caused aublic. Except
as expressly provided h6 shall have no responsibility for maintaining costs
associated with interior access.
Plaza Towers lhe right to use said easement area for purposes which will n~t, interfere
with the full enjoymen ghts hereby granted to the public; provided that Plaza Towers shall
43
not erect or construct any permanent barriers precluding access over the easement areas and
interior access.
Nothing in Agreement shall be construed to impose a the City to install the
easement or interior access at issue herein. Nor shall Plaza be deemed acting as
gent ~ring the original construction, installation and/or of said easement
areas and ccess. Parties agree that the obligation to the easement areas and
~rein shall be in accordance with City and the obligation shall
remain on the until completion by Plaza Towers.
Plaza Towers hereb~ the City that it seized and possessed of the real
estate above described, good and lawful ! it or any part thereof.
The provisions hereof shall ~re to the benefit of the successors and assigns of the
respective parties hereto, be ~ to apply to and run with the land and
with the title to the land.
Dated at Iowa City, Iowa, ' of ,2002.
CITY OF IOWA CITY, IOWA
By:.
Ernest W. Lehman, Mayor
ATTEST:
Marian K. Karr, City Clerk
PLAZA TOWERS, ?.
By: c?e
Mar n, President
By:
1 Moen, Secretary
44
STATE OF IOWA )
)
COUNTY OF JOHNSON )
day of ,20__, me a Notary Public in
lid County, personally appeared Ernest W. Lehman K. Karr, to me
who being duly sworn, did say that they are Mayor and City Clerk,
City of Iowa City, Iowa, a Munici created and existing under
the laws State of Iowa, and that the seal affixed instrument is the seal of
said Munici )rporation, and that said instrument was ned and sealed on behalf of said
Municipal :ion by authority and resolution of its Council and said Mayor and City
Clerk acknowled~ said instrument to be the free ac deed of said Municipal Corporation
by it voluntaril,
, Public in and for the State of Iowa
STATE OF IOWA
COUNTY OF JOHNSON
On this day of ,20__, before me, the
undersigned, a Notary Public in an Iowa, personally appeared Marc B. Moen
and Michael Moen, to me being by me duly sworn, did say that they are
the President and Secretary, re ~ Towers, L.L.C., an Iowa limited liability
company, executing the within ; lent to which this is attached, and that no
seal has been procured by limited liabilit that said instrument was signed on
behalf of the limited liability, ' authority ; and that Marc B. Moen and
Michael Moen as offk ged the execution c foregoing instrument to be the
voluntary act and deed of compan and by them voluntarily executed.
Notary Public for the State of Iowa
45
EXHIBIT G
OFF-SITE
CITY OF IOWA CITY - PLAZA L.L.C.
This agreement entered into this __ day of ,2002, between
the City of Iowa, Iowa, a municipal hereinafter referred to as City, and
Plaza Towers, a limited liabilit, laws of the State
of Iowa, hereinafteras Plaza
WHEREAS, Plaza . planning toa multi-use structure on Lot l(a) of
Block 64, Iowa City, Iowa, shall contain conference facilities, extended
stay hotel suites, ' ' and commercial spaces; and
WHEREAS, the hotel portion requires the availability of off-street parking
for the use of its patrons; and
WHEREAS, the City and reached agreement concerning parking
availability which ~arties wk, reduce to writing.
Now, therefore, it is agreed
1. The City agrees to to Plaza Towers and to its
parking hotel spaces, ; with a maximum clearance of 7
feet, in a and operated parking located in Iowa City, Iowa.
Parking provided to registered hotel in any of the City-owned
parking including the Capitol Streetthe Dubuque Street
Parking the Tower Place and Without assuming
financial to Plaza Towers, and without the location of such
City agrees to use reasonable efforts to to registered
hotel in the Dubuque Street Parking Ramp. Parkin be provided to
other of said multi-use facility, such as residential ,ants, meeting
and commercial space patrons, who shall not deemed to be
of this agreement, in any City-owned parking scheduled
hours of the parking ramps on an as available basis and at same rates
general public.
46
In the event City no longer owns or uses any parking ramp and/or the parking
ramps noted herein, namely the Capitol Street Parking Ramp, the Dubuque Street
Ramp and/or the Tower Place and Parking Ramp, the City agrees to
~e parking to Plaza Towers at a location that constitutes a reasonable
and is in as close proximity to the multi-use as reasonably
and practical. Said substitute parking shall be ' to Plaza Towers
no cessation of operation of the above-named Ds or other
parking Notwithstanding the foregoing, in event City transfers
ownership the above-named ramps or any other ramp to an entity
intending operating the property as parking said transfer shall be
subject to the assuming City's this Agreement and
also subject to ~ Tower's consent of such trans: which consent shall not be
unreasonably
2. Parking Validation. City and Plaza agree to develop a validation
system so that tickets can be by Plaza Towers employees
and returned by to upon exiting any of the City-
owned parking Towers to develop appropriate security
systems to · validation system.
3. Ramp Operation. The City shall :sponsible for maintaining ramp operations.
It is agreed that by making this the City is neither expanding nor
limiting its liability to Plaza guests and patrons in connection with
the operation of the parking butsuch liability shall be the same as to
any other person or
4. Parking Rates. The City Plaza for parking ramp usage per the
rates set out in the "G. 1", is by this reference made
a part of this agreement.
5. Ownership City and Plaza Towers ~ any assignment of this
Parking Agreement Plaza Towers will be subject to approval, in writing,
which approval not be unreasonably withheld. City's consent
hereunder may be withheld based upon the same the City would deny
a liquor license , namely the failure credibility and
character to an investigation by the City. Plazashall submit the
name of the of any such proposed assignment to the in writing via
U.S. Mail receipt requested". Failure by City to notify Towers of
City's of said assignment in writing within fifteen days of the
City's recof said notice from Plaza Towers shall constitute of said
assi by the City.
6. Term This Agreement shall have a term of years as of
written below, and terminating on a date ninety-nine (99)
This not be terminated by either party, their successors or
during said ninety-nine (99) year term except upon sixty (60) days written notice
47
to the other party, and only upon good and and only after written
notice of default and the passage of a period of sixty days thereafter during
which the defaulting party is given the cure any default. It is
eXSpressly agreed that the City's sole remedy in of a default by Plaza
To'~ers shall be the cancellation of said agreemand the right to maintain an
actio~ for money damages in the amount of fees incurred and payable
based~n actual parking ramp usage by Hote prior to the effect of such
cancella~.
Dated at Iowa City~owa, on the date given
CITY OF IOWA CIT'~IOWA
By: Ernest W. Lehman,~yor
ATTEST: ~
Marian K. Karr, City Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B.
By:
Michael Secretary
48
STATE ~ )
)
COUNTY OF ISON )
On this . day of ,20 a Notary
Public in and for said Ernest W. Marian K.
Karr, to me ~, who being duly sworn, did y are the Mayor
and City Clerk, res 'the City Municipal Corporation,
created and existing under of the State of Iowa tffixed to the
foregoing instrument is the seal and that said instrument
was signed and sealed on Municipal C, y authority and
resolution of its City Council and Mayor and Clerk acknowledged said
instrument to be the free act Corporation by it voluntarily
executed.
Public in and for the State of Iowa
STATE OF IOWA )
COUNTY OF JOHNSON
On this __, 20~, before me, the
undersigned, a Notar, State of Iowa, appeared Marc B.
Moen and Michael Moen me personally known, who by me duly sworn, did say
that they Secretary, respectively, c L.L.C., an Iowa
limited liability compa executing the within and fore to which this is
attached, and that no has been procured by said limited ~ company; that said
instrument was si authority of its
members; and that Michael the
execution of the: instrument to be the voluntary act and limited
, by it and by them voluntarily executed.
Notary Public in and for the
49
EXHIBIT G.1
I. REGISTERED HOTEL GUESTS
Towers will contract with the City for parking to hotel patrons for
a fee to be paid to the City. The monthly fee upon a computation
the monthly permit rate in effect at the timecalculation is made times
25 monthly fee will cover thc of 15,000 hours of parking
for hotel patrons. In the event the are staffed by the City
for on Sundays and/or holidays, the of hours of parking per
month will accordingly.
A. Annual ustment of Monthl, the actual hours of parking
utilized patrons exceed 18( hours per year (15,000 hrs/month
X 12 Plaza Towers y pay the City for any excess
hours of at the hourly in effect at the end of the annual 12
month period, fee for a month shall be a prorated portion of the
monthly fee.
B. Actual Hours Parking. The City agrees to provide Hotel
patron parking usage and a final full year report within 45
days after the operation year. Plaza Towers shall have the
right to audit the hotel parking usage figures provided by the City.
C. Computation Formulas
1. Monthly fee:
(25 parking X permit rate in effect at the time
calculation i [y fee
2. Annual of monthl'
a. hours of hotel parking) - (180,000 hours) =
hours of parking.
b. If excess hours of parking is
(Excess hours of parking) X (HoUrly rate in effect at end of
year) = Annual adjustment. ~x
If excess hours of parking is negative, fo~ the first year, or any
portion of the calendar year between. thq opening of hotel
operations and the following July 1, only: that negative amount
of hours will be carried over to the second yefi'~and added to the
annual hour base of 180,000 hours to be used in, he computation
of the annual adjustment of monthly fees for the s°econd year.
5O
D. Payment Due Date. Plaza Towers agrees to pay the monthly fee by the 15th
of the following month and the annual ustment with 45 days after the
annual, 12-month period.
E. otiation. The computation listed in Section I-C are subject
renegotiation should daily necessitate the removal of
parking in the Dubuque Street Ramp.
F. Year. City and Plaza T agree that "contract year" shall be
with the City's fiscal and shall, as of July 1 immediately
followin~ first operations, run from July 1, to June
30 of the year, and the contract year is one and the same as
the 'annual -month period' in this Exhibit "A". City shall not
increase the in effect under this agreement more often
than once For purposes of this Agreement, 'monthly
permit rate in mean the lowest monthly contract parking rate
available to the. at any of the City's parking ramps, which is
the Dubuque Street ramp at the date of the signing of this
agreement.
II. FACILITY.
Parking will be as availa al rates.
51
EXHIBIT H
THIS ;MENT AGREEMENT, of this
day of__ ,200__, by the CITY OF IOWA
CITY,
IOWA, I PLAZA TOWERS, L.L.C., l liability corporation,
"Redeveloper"), iITY ASSESSOR of the City ~ity, Iowa ("Assessor").
WITNESSETH:
WHEREAS, date and Redeveloper have entered
~nto an Agreement for the S Development ("Agreement")
regarding certain real in the and
WHEREAS, it is contemp to said Agreement, the Redeveloper
will undertake the development of an iect") within the City and within the
"Central Business District Urban and
WHEREAS, the City is making grant of funds to the Redeveloper
which will allow the Redeveloper to : Project; and
WHEREAS, the Cit' from the property tax
revenues generated from the and the which the Redeveloper is
presently constructing within the Renewal Area (the
"Vogel Property"); and
WHEREAS, pursuant Iowa Code section 403.6 ~ 001), as amended, the City
and the Redeveloper establish a minimum for the land to be
conveyed by the City to to the A emenS; and
WHEREAS, the and the and
specifications for Improvements" which it is mplated will be erected
as a part of the
NOW, i, the parties to this Minimum Ass : Agreement, in
consideration covenants and agreements made b, other, do hereby
agree as follows:
1. 1, 2005 a partial assessment shall the
minimum actu assessment purposes for the land and
Improvements" to be constructed thereon by the Redeveloper at not less than
$10,527,000 after taking into consideration any factors such as "roll backs" which would
reduce the taxable value of the property ("Minimum Actual Value").
52
2. As of January 1, 2006 a full assessment shall be made fixing the minimum
actual taxable value for assessment purposes for the land and "Minimum Improvements"
to be constructed ~ the Redeveloper at not less than $22,265.000 after taking
into consideration factors such as "roll backs" which would reduce the taxable value
of the acknowledge and agree
that construction '. "Minimum Improvements" will or
before November 1,
3. The Redeveloper pursuant to
the A upon sufficient property g generated by this
Project and the Vogel ~ to repay the costs of theissued to make such grant.
The City will need property Project in' amounts and at the times set
forth in Schedule Y to Assessment A If for any reason the
property taxes are less than ? fiscal year, the
assessor shall increase the ect for the next fiscal year in an
amount to cover such property tax ciency.
4. The Redeveloper a portion of the Project will be
residential condominium units which ect to the property tax "roll-back"
referred to previously. The Redevelc that at the time of the execution of the
declaration required by Chapter 499B ~ondominiums) of the Code
of Iowa 2001 an attachment to be executed by the Redeveloper, the
City and the city assessor allocating a Actual Value to each unit.
5. The Redeveloper agrees the $22,265.000
Minimum Actual Value (as adjuste~ Dh 3 hereof) and the amount
allocated to (as ) will be
allocated to ect.
6. The Ias adjusted paragraph 3 hereof)
herein established shall be of r this Minimum Assessment
Agreement shall terminate from the issuance or when the
bonds are paid off, is earlier. If of the Minimum
Assessment Agreement Project, the combined property from the
Project and the Vo exceeds the amount of cash nec ary to cover the cost of
the bonds as set forth on 1 schedule attached hereto and the attached to the
for the Vogel Property, then ~per may take
advantage of any valuation attributable to the Vogel and the
Project to the extent o excess property tax revenue attributable tc ect and the
Vogel Property. Ifl the expiration of the Minimum Asse the
Project, the ~roperty tax revenue from the Project and the Vo
exceeds the of cash necessary to cover the cost of the bonds as se~t forth on the
schedule and the schedule attached to the Minimum Assessment
Agreement for the Vogel Property, then the Redeveloper may seek a reduction in the
53
assessed value of the Project and the Vogel Property to the extent of the excess property
tax revenue attributable to the Project and the Vogel Property.
Nothing herein shall be deemed to waive the Redeveloper's rights under Iowa
Code 403.6(19) (2001 ), as amended, to contest that portion of any actual value
ass~ made by the Assessor in excess Value (as adjusted
pursuant to !) established herein. In no event set forth
in the first Section 6 shall the reduce the actual
value ass~ :low the Minimum Actual Value (as adjusted paragraph 3
hereof) herein during the term of this Agreement.
7. ~greement shall recorded by the
Redeveloper with the of Johnson County, Iowa. Redeveloper shall pay all
costs of recording.
8. Neither the provisions of Minimum Assessment
Agreement are intended te be construed as, the terms of the
Agreement for ad Sale of Land between
the City and Redeveloper.
9. inure to the benefit of and be
binding upon the successors and ass~
(SEAL) CI OF IOWA CITY, IOWA
By:
Ernest
ATTEST:
By:
Marian K. Karr. , Clerk
PLAZA TOWERS, L.L.C.
By:
Marc B. Moen, President
ATTEST:
54
By:
Michael Moen,
55
STATE OF IOWA )
)
COUNTY OF )
On this of , before me a Notary
Public in and Ernest W. Marian K.
Karr, to me who being duly sworn, did they are the Mayor
and City Clerk, of the City of Iowa City, Iowa, Municipal Corporation,
created and existing of the State of Iowa, that the seal affixed to the
foregoing instrument is the and that said instrument
was signed and sealed on authority and
resolution of its City Councilsaid Mayor and ~lerk acknowledged said
instrument to be the free act Corporation by it voluntarily
executed.
Public in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this ,200__, before me, the
undersigned, a Notary Public t, personally appeared Marc B.
Moen and Michael Moen, to me p ' known, by me duly sworn, did say
that they are the President and respectively, of laza Towers, L.L.C., an Iowa
limited liability company, the within and foreinstrument to which this is
attached, and that no seal has ' the ility company; that said
instrument was signed by authority of its
members; and that Marc B. Michael
execution of the fore be the voluntary act limited
liability company, by t them voluntarily executed.
Notary Public in and for the
56
CERTIFICATION OF ASSESSOR
The reviewed the plans and s for the "Minimum
Improvements" to constructed and the land upon which
the to be constructed for thcand being of
the opinion that imum market value contained in theMinimum
Assessment A reasonable, hereby certifies as undersigned
Assessor, being legall for the assessment of theect to the
development, upon made on it and in
accordance with Assessment Agreemen! actual value
assigned to such land, of the redevelopment
shall not be less than Million Two Thousand Dollars
($22,265,000 after taking any factors
woul{ property.
~ is determined to be the value of
the land and ($) the value of the
buildings thereon until termination Assessment Agreement pursuant to
the terms hereof.
As City, Iowa
STATE OF IOWA )
)
COUNTY OF JOHNSON
Subscribed an ,fore me by ,
Assessor for Iowa City, Iowa.
Notary Public in Johnson
County, Iowa
Date
57
SCHEDULE Y
Plaza Towers Minimum Assessment Valuation of $22 55,000
Partial ;~ssesment begins on 1/1/05($10,000,000 valuation)
ins on 1/1/06
Millage te of $28.50 per thousand
Tax Estimated
collection
date taxes revenue
9/30/2002 $
3/31/2003 $
9/30/2003 $
3/31/2004 $
9/30/2004 $
3/31/2005
9/30/2005
3/31/2006
9/30/2006 $ 142,500
3/31/2007 $ 500
9/30/2007 $ ',276
3/31/2008 $
9/30/2008 $
3/31/2009 $ 317,2
9/30/2009 $
3/31/2010 $ 317
9/30/2010 $ 317
3/31/2011 $ 317
9/30/2011 $ 31 276
3/31/2012 $ 276
9/30/2012 $ 276
3/31/2013 $ 276
9/30/2013 $ 317,276
3/31/2014 317,276
9/30/2014 317,276
3/31/2015 317,276
9/30/2015 $ 317,276
3/31/2016 $ 317,276
9/30/2016 $ 317,276
3/31/2017 $ 317,276
9/30/2017 $ 317,276
3/31/2018 $ 317,276
9/30/2018 $ 317,276
3/31/2019 $ 317,276
9/30/2019 $ 317,276
3/31/2020 $ 317,276
$ 317,276
3/31/202 $ 317,276
$ 317,276
3/31/20 $ 317,276
9/30/2 $ 317,276
3/31/ $ 317,276
$10,437,840
58
EXHIBIT H
MINIMUM ASSESSMENT AGREEMENT
VOGEL PROPERTY
THIS M gSESSMENT AGREEMENT, ; of this
day of ,200__, by and among the IOWA CITY,
IOWA, ("City"), L.L.C., an Iowa limited company,
("Redeveloper"), Monica Moen Owners of the Vogel
Property) and the, q ASSESSOR of the City of Iowa ~ ("Assessor").
WITNESSETH:
WHEREAS, the date hereof the CiRedeveloper and Owners of the
Vogel Property have into an Agreement the Sale of Land for Private
Development ("Agreement" certain real ~ located in the City; and
WHEREAS, it is to said Agreement, the Redeveloper
will undertake the development area within the City and within the
"Central Business District
WHEREAS, the City is makin grant of funds to the Redeveloper
which will allow the Redeveloper Project; and
WHEREAS, the City will be for such grant from the property tax
revenues generated from the Project another development presently being
constructed within the Central Urban Renewal Area (the "Vogel
Property"); and
WHEREAS, as an inducement ~ the City to e~ter into the Agreement, the Owners
of the Vogel Property have agreed ~1 enter into this l~Iinimum Assessment Agreement;
and / ~
WHEREAS, pursuant to I}~wa Code section 403.6~(2001), as amended, the City
and the Owne,~s of the Vogel Pr~tpert: d,,esire to establish a ~inimum actual value for the
land and the Minimum Impro)/dmel :s which are being erected on the Vogel Property
(legally described on Schedule flK here o); ~
NOW, THEI'~EFOR the parties to this Minimum AsSessment Agreement, in
consideration of the promis covenants and agreements made b~( each other, do hereby
agree as follows: ~
1. As/f January 1, 2003 a full assessment shall be made of the Vogel
Property fixing the mirlimum actual taxable value for assessment purposes for the land
and "Minimum Improvements" being constructed thereon at not less than $3,000,000
59
after taking into consideration any factors such as "roll backs" which would reduce the
taxable value of the property ("Minimum Actual Value"). The parties hereto
acknowledge and agree that construction of the "Minimum Improvements" will be
substantially completed c or before December 31, 2002.
2. The of the Vogel Property recognize the grant to the
Redeveloper pursuant to Agreement is conditional upon property taxes
being generated by the and the Vogel Property to the costs of the bonds
issued to make such grant. City will need property taxes ~ in
the amounts and at the set forth in Schedule Z Minimum Assessment
Agreement. If for any reason property taxes are lessthe amount set forth on
Schedule Z for any fiscal assessor shall the assessed value of the
Project on the remainder of the Property for the fiscal year in an amount to
cover such property tax
3. The Owners of the Vo that a portion of the Vogel
Property will be subject to the property tax
"roll-back" referred to Vogel Property agree that before
the earlier of(a) the s (b) July 31, 2002, an
agreement will be executed b) Property, the City and the city
assessor allocating a portion of the each unit.
4. The Redeveloper agrees that ~'ference between the $3,000,000
Minimum Actual Value (as adjusted paragraph 2 hereof) and the amount
allocated to the residential condominium : forth in paragraph 3 hereof) will be
allocated to the remainder of the Vogel
5. The Minimum Actual (as . pursuant to paragraph 2 hereof)
herein established shall be force and : and this Minimum Assessment
Agreement shall terminate twenty :e of the bonds or when the
bonds are paid off, whichever is ea If prior to the Minimum
Assessment Agreement for the V~ ' tax revenue from the
Project and the Vogel Property ¢ to cover the cost of
the bonds as set forth attached hereto Minimum Assessment
Agreement for Vogel erty may take advantage of
any roll-backs in valuation the Vogel Property Project to the extent
of the excess property tax the Vogel Property. If
prior to the expiration Asses the Vogel Property,
the combined property tax Project [ Property exceeds the
amount ~ cover the cost of the bonds as ~ on the schedule
attached hereto sment Agreement Project, then the
Owners of the Vo seek a reduction in the Vogel
Property to the extent ( the excess property tax revenue ~ to the Project and
the Vogel Property.
Nothing herein shall be deemed to waive the rights of the Owners of the Vogel
Property under Iowa Code section 403.6(19) (2001), as amended, to contest that portion
actual value assignment made by the Assessor in excess of. Minimum Actual
Value as adjusted pursuant to paragraph 2 hereof) established In no event,
except as set forth in the first paragraph of this shall the Owners of
the Vo seek to reduce the actual value assigned Actual
Value (as justed pursuant to paragraph 2 hereof) g the term of
this Assessment Agreement.
6. Minimum Assessment Agreement shall · recorded by the
of the Vogel Property [ohnson County,
Iowa. The or the Owners of the Vo pay all costs of
recording.
7. Neither nor of this Minimum Assessment
Agreement are intended or shall be as, modifying the terms of the
Agreement for the and Sale for Private Redevelopment between
the City and Redeveloper.
8. This shall inure to the benefit of and be
binding upon the successors and assi parties.
(SEAL) CITY, IOWA
By:__
Ernest W. Mayor
ATTEST:
By:
Marian K. Karr, City C~k
PB~ZA TOWERS, L.L.C. ~X
Marc B. Moen, President
2
ATTEST:
By:
Michael Moen, Secretary
By:
Marc Moen
Monica 1
Moen
STATE OF IOWA )
)
COUNTY OF )
On this day of , 2~ before me a Notary
Public in and for personally appeared Ernest Lehman and Marian K.
Karr, to me y who being duly sworn, did that they are the Mayor
and City Clerk, resl: of the City of Iowa City, a Municipal Corporation,
created and existing under laws of the State of Iowa, seal affixed to the
foregoing instrument is of said Municipal and that said instrument
was signed and sealed on of said by authority and
resolution of its City Council said Mayor City Clerk acknowledged said
instrument to be the free act and of Corporation by it voluntarily
executed.
Public in and for the State of Iowa
)
) SS
COUNTY OF JOHNSON )
On this day ,200~, before me, the
undersigned, a Notary Public in the State , personally appeared Marc B.
Moen and Michael Moen, to me known, by me duly sworn, did say
that they are the President and respectively, of Towers, L.L.C., an Iowa
limited liability company, the within and fore instrument to which this is
attached, and that no seal has procured by the limited company; that said
instrument was signed on of the limited liability by authority of its
members; and that Marc B. and Michael Moen as ers acknowledged the
execution of the foregoing to be the voluntary act deed of the limited
liability company, by it and them voluntarily executed.
Notary Public in and for the '~
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and s 'or the "Minimum
being constructed and the market value assigned land upon which
the Improvements" are being constructed for the and being of
the that the minimum market value contained in foregoing Minimum
appears reasonable, hereby certifies The undersigned
Assessor, legally responsible for the assessment ofproperty subject to the
development, completion of "Minimum to be made on it and in
accordance with Minimum Assessment Agreement, that the actual value
assigned to such building and equipment upon of the redevelopment
shall not be less Million Thousand $3,000,000) after taking into
consideration any as "roll-backs" which reduce the taxable value of
the property.
Assessor Iowa
OFIOWA )
)
COUNTY OFJOHNSON )
Subscribed and sworn to me by ,
Assessor for Iowa City, Iowa.
Notary Public
County, Iowa
Date
IOWA )
OF JOHNSON )
On day of ., _, before me, andersigned, a
Notary and for said State, personally appeared Marc me know to be
the person and who executed the foregoing instrument, that
he ex as his voluntary act and deed
Notary Public
STATE OF IOWA
) SS.
COUNTY OF JOHNSON )
On this day of ., before me, the undersigned, a
Notary Public in and for said State Monica Moen, to me know to be
the person named in and who executed instrument, and acknowledged that
she executed the same as her voluntary ~ deed
'Public
STATE OF IOWA
SS.
COUNTY OF )
On this of , ., before the undersigned, a
Notary Public in for said State, personally en, to me know to be
the person n and who executed the foregoing acknowledged that
he executed the voluntary act and deed
Notary Public
6
SCHEDULE X
el House Minimum Assessment Valuation of $3,090,000
ment begins on 1/1/03
te of $28.50 per thousand
/
Estimated
collectioN,, taxes
date ~ revenue
9~30~2002 ~ $ -
3/31/2003 ~ $ -
9/30/2003 ~ $ -
3/31/2004 ~ $ -
9/30/2004 ~ $ 42,750
3/31/2005 \ 42,750
9/30/2005 42,750
3/31/2006 42,750
9/30/2006 $
3/31/2007 $ 750
9/3O/2OO7 $
3/31/2008 $
9/30/2008 $
3/31/2009 $ 42,750
9/30/2009 $ 42,750
3/31/2010 $ 42,75
9/30/2010 $
3/31/2011 $ 42,
9/30/2011 $ 42
3/31/2012 $ 750
9/30/2012 $
3/31/2013 $ 750
9/30/2013 $ 750
3/31/2014 42,750
9/30/2014 42,750
3/31/2015 42,750
9/30/2015 $ 42,750
3/31/2016 $ 42,750
9/30/2016 $ 42,750
3/31/2017 $ 42,750
9/30/2017 $ 42,750
3/31/2018 $ 42,750
9/30/2018 $ 42,750
3/31/2019 $ 42,750
9/30/2019 $ 42,750
3/31/2020 $ 42,750
9/30/2020 $ 42,750 \~
3/31/202' $ 42,750
\
9/30/202 $ 42,750
3/31 $ 42,750
$ 42,750
3/31 $ 42,750
$1,624,500
7
EXHIBIT I
)RANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT
the City of Iowa City, Iowa (the and Plaza Towers, L.L.C.
did on or about the day of __, 20 , make, execute
and deliver Agreement for The Improvement Sale of Land for Private
"Agreement") , wherein and the Redeveloper agreed, in
accordance with terms of the Agreement and the City Urban Renewal Plan (the
"Plan"), to real property located the City and within the Iowa City
Area 1 ect Area and as more ' described as follows:
(the "Property"); and
WHEREAS, the term of shall commence on the __ day of
20__ and Ist day of 20 , unless
otherwise terminated as set and
WHEREAS, the City, and oper desire to record a Memorandum of the
Agreement referring to the and their respective interests therein.
NOW, THEREFORE, I IS rOLLOWS:
1. That of Agreement for The
Improvement and Sale of rand for Private shall serve as notice to the
public that the A provisions Redevelopment and use of the
Redevelopment and the improvements and operated on such
Redevelopment Prop and further subjects the Property to a
Minimum entered into under the of Iowa Code Chapter
403, in which the ~ · and the Redeveloper (and any or assigns) agree that the
minimum actual of the Redevelopment Property improvements located
thereof for calcul; of real property taxes shall be not less Twenty-Two Million
Two Hundred S ($22,265,000) after ~ into consideration
any factors "roll-backs" which would reduce the taxable of the property.
8
2. That all of the provisions of the Agreement and any subsequent
amendments thereto, if any, even though not set forth herein, are by the filing of this
Memorandum of Agreement for The Improvement and Sale Land for Private
made a part hereof by reference, and that making any claim
of said Property in any manner whatsoever shall be advised as to all of
the and conditions of the Agreement, and any as if the same
were full' forth herein.
3. copy of the Agreement and any amendments thereto if
any, shall be on file for public inspection ordinary business hours in
the office of theClerk, City Hall, Iowa City, Iowa.
IN the City and have executed this
Memorandum of A for The and Sale of Land for Private
Redevelopment as of the __ of 20
(SEAL)
CITY IOWA CITY, IOWA
By:
Mayor
_, City Clerk
PLAZA L.L.C.
By:
President
9
STATE OF I[OWA )
)
COUNTY O1~ )
On this day of ., before me a Notary
Public in and for County, personally appeared Ernest Lehman and Marian K.
Kant, to me known, who being duly sworn, did ~y that they are the Mayor
and City Clerk, of the City of Iowa City, a Municipal Corporation,
created and the laws of the State the seal affixed to the
foregoing instrument seal of said Municipal and that said instrument
was signed and sealed behalf of said Corporation by authority and
resolution of its City and said Mayor Clerk acknowledged said
instrument to be the free act deed of said Corporation by it voluntarily
executed.
in and for the State of Iowa
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of ,20__, before me, the
undersigned, a Notary Public in and for State ' Iowa, personally appeared Marc B.
Moen and Michael Moen, to me known, being by me duly sworn, did say
that they are the President and Plaza Towers, L.L.C., an Iowa
limited liability company, executing instrument to which this is
attached, and that no seal has been by liability company; that said
instrument was signed on behalf the limited liabilit, by authority of its
members; and that Marc B. Mc and Michael Moen officers acknowledged the
execution of the foregoing to be the voluntary and deed of the limited
liability company, by it and by 1 y executed.
Notary Public '. State of Iowa
10
EXHIBIT J
OPINION OF (
City of Iowa City
Iowa City, Iowa
RE: A Private and between the City of Iowa
City, ~laza Towers, L.L.C.
City Representatives:
We have act{ , L.L.C., an Iowa limited liability
company (the "Company"), execution and delivery of a certain
Agreement for The Improvement and and for Private Redevelopment (the
"Redevelopment Agreement") and the City of Iowa City, Iowa
(the "City") dated as of _, 2
We have examined the on [ copy, or copies otherwise identified to
our satisfaction as being true copies, of!
(a) The organization g agreement of the Company;
(b) Resolutions of! action was taken with respect
to the transacti vpinion;
(c) The Redevel, greement;
and such other documents and :ords as we have deemed necessary as a
basis for the opinions set forth
Based on the pertinent the foregoing examination an~ such other inquiries as
we have deemed appropriate/ re of the opinion that: ~
1. The Company]h been duly organized and is validly ~xisting as a limited
liability company under the] laws of the State of Iowa and is qualifiedxto do business in
the State of Iowa. The Corr~any has full power and authority to. execu~,, deliver and
perform in full the Redevelopment Agreement; and the Redevelopment~greement has
been duly and validly authorized, executed and delivered by the Company( and, assuming
due authorization, execu¢on and delivery by the City, is in full force and e~fect and is a
valid and legally binding instrument of the Company enforceable in accordhnce with its
11
terms, except as the same may be limited by bankruptcy, reorganization or
other relating to or affecting creditors' rights generally.
2. The execution, delivery and performance of the
Agreement and the carrying will not result in
violation of am or in default under, the of organization and
of the Company or any indenture, deed of trust,
indebtedness, regulation or restriction to
which the Company or by which it or its is bound or subject.
3. There are suits or pending or threatened against or
affecting the Company in or before any or before or by any
governmental body is a ' of an adverse decision
which could materially adversel or prospective), financial
position or results of operations or which in any manner raises any
questions affecting the validit) Company's ability to perform its
obligations thereunder.
~ours,
12
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-254
RESOLUTION OF INTENT TO CONVEY 32,710 SQ. FT. OF VACATED
FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONTAGE OF 80'1
HIGHWAY '1 WEST, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR AUGUST 20, 2002.
WHEREAS, the City Council is considering passage and adoption of an ordinance vacating
32,710 sq. ft. of frontage road right-of-way along the frontage of 801 Highway 1 West; and
WHEREAS, conveyance of said right-of-way property, to the adjacent property owner in exchange
for the owner's combination of the two adjacent properties into one parcel for purposes of access
for both to Ruppert Road, relocation of the current access point from Ruppert Road to said parcel,
and landscaping of the Highway 1 frontage is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council does hereby declare its intent to convey its interest in the 32,710 sq. ff. of
vacated frontage road right-of-way along the frontage of 801 Highway1 West to the
adjacent property owner in exchange for combination of the two adjacent parcels into one
parcel for purposes of access for both to Ruppert Road, relocation of the current access
point from Ruppert Road to said parcel, and landscaping of the Highway 1 frontage.
2. Public hearing on said proposal should be and is hereby set for August 20, 2002, at 7:00
p.m. in the Emma J. Harvat Hall at the Civic Center, 410 E. Washington Street, Iowa City,
IA or if said meeting is canceled at the next meeting of the City Council thereafter as
posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said
public hearing to be published as provided by law.
Passed and approved this 16th day of July ,20 02 .
Appro,~/. by ~
CITY"GLERK City ~,~'o'rney's OftTce --
mitch~b:P&Z~carousel~carouselresdoc
Resolution No. 02-254
Page 2
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
RESOLUTION NO. 02-255
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE FIRE STATION 3 ADDITION AND RENOVATION
PROJECT.
WHEREAS, Moore Construction Company of Iowa City, Iowa has submitted the lowest
responsible bid of $155,290 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Moore
Construction Company, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this ].6th dayof Ju],y ,20 02
CITY CLERK City Attorney's Office
Resolution No. 02-255
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner "
X Lehman ..
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
'k RESOLUTION NO.
RESOLUTION AwAR~,ING CONTRACT AND AUTHORIZING THE M~fOR TO
SIGN AND THE CI~ CLERK TO ATTEST A CONTACT FOR
CONSTRUCTION OF THE., FIRE STATION 3 ADDITION AND//RENOVATION
PROJECT. ~
WHEREAS, ,/ has submitted the lowest
responsible bid of $. ~ction of the above-~med project.
NOW, THEREFORE, BE IT RESOLVED THE CIT~COUNClL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of project is hereby awarded to
subject to the condition that awardee secure
adequate performance and payment I: surance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorize~Vto sign City Clerk to attest the contract for
construction of the above-named project, to the condition that awardee secure
adequate performance and p~ment bond, .~ certificates, and contract compliance
program statements.
Passed and approved this/ day of.~__ 20
MAYOR
/
ATTEST: /
CITY CLE~ Cit) Office
pweng~res\firesta3.doc
7/02
CITY OF IOWA CITY
FIRE STATION 3 ADDITION AND
RENOVATION PROJECT
Sealed proposals will be received by the City
Clerk of the Cit~ of Iowa City, Iowa, until 10:00
A.M. on the 16 day of July, 2002, or at a later
date and/or time as determined by the Director of
Public Works or designee, with notice of said later
date and/or time to be published as required by
law. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posais will be acted upon by the City Council at a
meeting to be held in the Emma J. Harvat Hall at
7:00 P.M. on the 16"' day of July, 2002, or at such
later time and place as may be scheduled.
The Project will involve the following:
Expanding an outlying fire station located at
2001 Lower Muscatine Road. The expansion
will contain shower and toilet facilities, workout
space, storage, and private sleeping areas.
There will be a pro-bid meeting on site at Fire
Station 3 located at 2001 Lower Muscatine Road,
Iowa City. The pre-bid meeting will be held on
Monday, July 1~t at 10 a.m.
All work is to be done in strict compliance with
the plans and specifications prepared by
Rohrbach Carlson, PC, of Iowa City, Iowa, which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of one (1) year from and
after its completion and formal acceptance by the
City.
The following limitations shall apply to this
Project:
Specified Start Date: July 17, 2002
Completion Date: January 17, 2003
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Iowa City Reprographics, 114 S.
Dubuque, Iowa City, Iowa, (319) 338-7872 by
bona fide bidders.
A $25.00 refundable deposit or MBA card is
required for each set of plans and specifications
provided to bidders or other interested persons.
The fee shall be in the form of a check, made
payable to Iowa City Reprographics.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained
from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
CITY OF IOWA CITY
FIRE STATION 3 ADDITION AND
RENOVATION PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00 P.M.
on the 11th day of July, 2002, or at a later date
and/or time as determined by the Director of
Public Works or designee, with notice of said later
date and/or time to be published as required by
law. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posals will be acted upon by the City Council at a
meeting to be held in the Emma J. Harvat Hall at
00 P.M. on the 16~h day of July, 2002, or at such
r time and place as may be scheduled.
Project will involve the following:
an outlying fire station located at
Lower Muscatine Road. The expansion
workout
and private sleeping areas.
There will a pre-bid meeting on site at Fire
Station 3 Lower Muscatine
Iowa City. Th, meeting will be held
Monday, July l0 a.m.
All work is to be ne in strict complian(
the plans and by
Rohrbach Carlson, Iowa City, which
have heretofore been the City
Council, and are on file in
the Office of the City Clerk.
Each proposal shall be ;ted on a form
furnished by the City and ~ accompanied in
a sealed envelope, from the one
containing the executed
by a corporation a surety
in the State of I( the sum of the bid.
The bid be made ,le to the
TREASURER THE CITY OF CITY,
IOWA, and be forfeited to the Ci~ Iowa
City in th the successful bidder ~ils to
enter ten (10) calend
and bond satisfactory to the Cit~
of the contract and
Project, if required,
of this notice and the other
~ocuments. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of one (I) year from and
after its completion and formal acceptance by the
city.
The following limitations shall apply to this
Project:
Specified Start Date: July 17, 2002
Completion Date: January 17, 2003
The plans, specifications and proposed contract
idocuments may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Iowa City Reprographics, 114 S.
Dubuque, Iowa City, Iowa, (319) 338-7872 by
bona fide bidders.
$25.00 refundable deposit or MBA card is
ired for each set of plans and specifications
ded to bidders or other interested persons.
~ shall be in the form of a check, made
Io Iowa City Reprographics.
Pros bidders are advised that the City
Iowa to employ minority
! projects.
Bidders on the Form of the
names of firms, companies other
parties
tract. This list shall Eype and
amount(s).
The Contractor shall
submit a list on the of the
proposed subcontractors, uantities,
unit prices and extended amounts. If no
minority business =) are utilized,
the Contractor shall fumi of all
reasonable, good faith l MBE's.
A listing of obtained
from the Iowa of
Development at I ~ 242-4721.
B~ be
given to ~rovisions
produced the State of Iowa, and to I,
domestic to the extent lawfully
under Statutes. The Iowa ReciProcal~
~refer : applies t~ :he contract with respect
obi~ are not Iowa residents.
T,)~ie City reserves the right to reject any or all~
~oposals, and also reserves the right to waive
echnicalit ~s and irregularities.
Published upon order of the City Council of Iowa ~,~
City, Iowa.
MARIAN K. KARR, CITY CLERK
City of Iowa City
E ORANDU
Date: July 16, 2002
To.' Steve Atkins, City Manager
From: Kumi Morris, Architectural Services Coordinator
Re: Fire Station #3 Addition and Renovations: apparent lowest responsible bid
recommendation
We received 6 bids for the Fire Station #3 Addition and Renovations Project.
As presented and discussed in the city council work session on June 10th, 2002, the Fire
Station #3 Addition and Renovation Project has a base bid and two add alternates. The
base bid includes a 757 square foot addition on the rear of the building. The base bid
includes separate bedrooms, storage and separate toilet and shower facilities.
The first add alternate would increase the storage area by 233 square feet, extending
the expansion to the full length of the rear side of the existing building. The second add
alternate includes renovating the existing sleeping dormitory into fitness and storage
spaces.
The architect's estimate was $168,795 for the base bid and $36,000 for add alternate #1
and $5,000 for add alternate #2.
The six base bids submitted to the City Clerk ranged from $121,450 to $143,610, with
the lower four bids being within a range of $9,550, or about 7%, of each other. Alternate
bids ranged from $16,618 to $28,200 for Alternate #1 and $7,100 to $13,500 for
Alternate #2.
Under the review and recommendation of the consulting Architects, Rohrbach Carlson, I
am recommending accepting the base bid with both add alternates and awarding the
contract to the apparent lowest responsible bidder Moore Construction Company.
~lc~t ynt ~KM or ris$1P roject slFir e Station 3 Addition and Remodeling~MEMOFirestation 3 bid DOC
Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. 02-256
RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING,
CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP
BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO
THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER
AS PROPERTY TAXES.
WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the
amount to be assessed against certain lots for the actual unpaid abatement costs of mowing,
cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same
manner as property taxes;
WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by
this reference;
WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property
said abatement costs in the same manner as property taxes; and
WHEREAS, the City Council finds that the property owners listed in Exhibit A have received
written notice of the date and time of the City Council meeting during which a resolution will be
considered that will assess against the property the cost of abating the nuisance, in substantially
the same form attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Exhibit A is adopted as the assessment schedule pursuant to Iowa Code § 384.60(1 ).
The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow
removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A
are confirmed and levied against the properties listed in Exhibit A.
The assessment cannot be paid in installments.
All unpaid assessments not paid within thidy (30) days after passage of this resolution shall
bear interest at the rate of 8% per annum.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. For thirty (30) days following passage of this resolution, payment may be made at the
City Clerk, 410 E. Washington Street, Iowa City, Iowa.
The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer
of Johnson County, Iowa for collection in the same manner as property taxes.
Resolution No. 02-256
Page 2
The City Clerk is further directed to publish notice of the schedule once each week for two
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen (15) days from the date of filing of the assessment schedule.
Passed and approved this 16th day of JLily ,2002.
Approved by
ATTEST:'~//22.~..~.,~ 'Z/'///. ~.z_4..)
(~ITY~LERK City Attorney's Office
It was moved by Champion and seconded by Vanderhnef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
sue~Ord& Res'C, bateRes dcc
EXHIBIT "A"
Properties to be Assessed
Revised July 16, 2002
Property Address Legal Parcel Appraised Property Service Date of Cost of invoicet Account Invoice
Description Number Value Owner Rendered Service Service Number [ Numbers Totals
1451 Chamberlain Dr Village Cn'een 1013478001 $248,390 McKinley, Weed 9/28/01 $74.85 1293
Part XIII Lot 33 Priscilla removal
2423 Crestview Court Hill Add 1013226030 $105,730 Swope, Chad Sidewalk 10/25/0l $96.00 01058
Avenue Lot 75 Repair
204 Park Rd Blacks Park Lot 1004488008 $130,110 Thayer, Weed 8/28/01 $104.43 1285
2 BLK F & part Charles removal
Vacated Alley
Lying N of Lot 2
10' N & S by64'
E&W
1421 Keokuk St Plum Grove 1015481001 $91,460 Ghabel, Robert Snow 2/15/01 $72.50 1231
Acres Parr 3 Lot Taghi Removal
100
1310 Yewell St Kirkwood Place 1014347003 $93,710 Megan, Ryan Snow 1/03/01 $50.00 1176
Lot 70 Removal
1310 Yewell St Kirkwood Place 1014347003 $93,710 Megan, Ryan Snow 2/16/01 $88.50 1251 $138.50
Lot 70 Removal
3011 Brookside Dr Coart Hill Add 1013153001 $120,140 Nagle, Gary Snow 1/15/01 $124.00 1131
Part 12 Lot 502 Removal
2923-25 Cornell Ave Oak Woods Add 1012462009 $124,930 Morgan, Snow 1/15/01 $121.50 1130
Part I Lot 25D Charles Removal
2029 Friendship East Iowa City E 101411400l $98,470 Whatley, Sidewalk 10/24/00 $300.00 87
'/2 Lot 1 Blk 23 Bryan Repair _ _
1016Diana St Lucas Add N 4l' 1015427004 $55,890 Wezeman, Weed 6/16/00 $77.50 1045
Lot 4 Blk 6 Peter Removal
804 N Dubuque St Iowa City 1010202007 $306,560 Beddow, John Snow 12/22/00 $100.50 1104
Outlots S I 10' of Removal &
W 80' of Outlot 12/27/00
19
Properties to be Assessed
Revised July 16, 2002
Property Address ' Legal Parcel Appraised Property Service Date of Cost of Invoice Account Invoice
Descriptign Number Value Owner Rendered Service Service Number Numbers Totals
528 College St Original Town of 1010454011 $179,780 Reemtsma, Snow 2/4/00 $119.50 1026
Iowa City S James Removal
75.5' Lot 8 Blk
41 & E2.42'ofS
75' of Lot 7 Blk
41
724 Ronalds St Original Town of 1010108012 $113,450 Gregg, Kent Snow 2/1/01 $162.50 1213
Iowa City Lot 7 Removal
Blk 12
717 Jefferson St Original Town of 1010411005 $91,680 Lacina, Snow 2/19/01 $57.75 1256
lowa City W 40' Donald Removal
Lot 2 Blk 19
704- 06 Bowery St Oak Hill Add S 1015104028 $132,830 Lock.hard, Snow 1/8/01 $84.75 1160
57' of lots 14 & Richard Removal
15
508 Davenport St Original Town of 1010158015 $128,640 Kral, Jari Snow 1/3/01 $41.00 1184
Iowa City E 26' Removal
S 72' Lot 3 Blk
36 and W 30' S
72' Lot 4 Blk 36
i06NlStAvenue Washington Park 1012334016 $137,290 Amada, Snow 1/8/01 $66.00 1167
Add Part 2 Lot Kenneth Removal
49
927 Hudson Bailey&Beck 1016427012 $62,280 Wickham, Weed 6/10/00 $62.50 1040
Add Lot 26 Robert Removal
927 Hudson Bailey&Beck 1016427012 $62,280 Wickham, Weed 6/15/01 $77.50 1275 $140.00
Add Lot 26 Robert Removal
1714 Momingside Dr Momingside 1011451013 $131,700 Hein, Sidewalk 10/25/01 $96.00 01056
Add Lot 53 & 54 Christopher Repair
Blk 5
Properties to be Assessed
Revised July 16, 2002
Properly Address Legal Parcel Appraised Property Service Date of Cost of Invoice Account Invoice
Description Number Value Owner Rendered Service Service Number Numbers Totals
426 Bayard St Manville Add 1009151008 $132,310 Lewis Weed 7/6/01 $53.00 1287
Lot 7 & 8 Blk 12 Investments Removal
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Snow 2/8/00 $107.50 1034
60' Lot 7 & N Barbara Removal
60' of W 40' Lot
b BIk 4 ] _
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Weed 7/27/00 $80.85I 1053
60' Lot 7 & N Barbara Removal
60' of W 40' Lot
bBlk4
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Weed 8/2/00 $62.50 1057
60' Lot 7 & N Barbara Removal
60' of W 40' Lot
bBlk4
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Weed 9/I9/00 $56.25 1065
60' Lot 7 & N Barbara Removal
60' of W 40' Lot
b Blk 4
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Weed 8/15/01 $60.00 1282
60' Lot 7 & N Barbara : Removal
60' of W 40' Lot
b Blk 4
707 Walnut St Borland Place N 1015188007 $76,750 Marland, Snow 2/8/02 $67.75 1299 $434.85
60' Lot 7 & N Barbara Removal
60' of W 40' Lot
BB[k4
1036 Court Street Kaufmanns Add 10I 1389011 $155,960 Potter, David Sidewalk 10/25/01 $467.00 1065
W V~ Lot 21 Repair _
656 S Governor Strohms Add s 1015177006 $82,740 Deines, Dale Weed 8/24/01 $60.00 1283
40' lot 9 blk 2 Removal
656 S Governor Strohms Add s 1015177006 $82,740 Deines, Dale Weed 6/19/01 $55.00 1267 $115.00--
40' lot 9 blk 2 ' Removal
Properties to be Assessed
Revised July 16, 2002
Property Address Legal Parcel Appraised Property Service Date of Cost of Invoice Account Invoice
Description Number Value Owner Rendered Service Service Number Numbers Totals
925 Washington St IowaCity 1010480002 $159,260 Toch, Snow 1/24/01 7 $125.50 1108
Outlots W55' of Margaret Removal 1/25/01
E 113' of Nl00'
of Outlot 3
402 Davenport St Original Town of 1010157012 $120,460 Yocon~Dale Sidewalk 1/i5/02 $1,275.75 02001
Iowa City W Repair
40'orS 60' Lot 5
Blk49
EXHIBIT B ~
Sample letter to owner giving courtesy (i.e., not required by the Code) notice of the Council
meeting that has the Resolution on the agenda.
Dear Mr./Ms. :
This is to notify you that the City Council will be considering a resolution on July 16, 2002 that
will assess against your property the cost that the City has incurred to do one of the following:
unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges.
Enclosed for your information is a copy of the bill. If the City Council approves the assessment
against your property, the amount will be collected by the Johnson County Treasurer in the same
manner as a property tax.
If you pay the amount due in full before the City Council meeting, the resolution will not include
an assessment against your property. You can make the payment by mailing or coming in person
to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00
p.m. If property is assessed and the amount is not paid within 30 days, interest will accrue at a
rate set by the City Council.
If you have any questions about the resolution, please contact the City Accounting Division at
356- 5084.
Sincerely,
Marian K. Karr
City Clerk
Enc.
Copy to: Accounting Division-w/enc.
410 EAST WASHINGTON SFREEI · IOWA CITY. IOWA 52240.1826 · 1319} 356-5000 · FAX {3191 356-5009
Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO.
"SOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF MOWING,
OF PROPERTY, SNOW REMOVAL, SIDEWALK AND STOP
REPAIR CHARGES AND DIRECTING THE CLERK TO SAME TO
IHNSON COUNTY TREASURER FOR COLLECTIO~ MANNER
AS ~ERTY TAXES.
WHEREAS, the Clerk has filed with the City Clerk an providing the
amount to be against certain lots for the actual abatement costs of mowing,
cleaning up snow, repairing repairing stop boxes in the same
manner as propert'.
WHEREAS, said attached as Exhibit A 1 resolution and incorporated herein by
this reference;
WHEREAS, Iowa Code § IB City Council to assess against the property
said abatement costs in the sam taxes; and
WHEREAS, the City Council property owners listed in Exhibit A have received
written notice of the date and time City Council meeting during which a resolution will be
considered that will assess against ~roperty the cost of abating the nuisance, in substantially
the same form attached hereto as B.
NOW, THEREFORE, BE IT THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA: /
Exhibit A is adopted as the to Iowa Code § 384.60(1).
The amounts listed in E unpaid mowing'~harges, clean-up property charges, snow
removal charges, sid~ repair charges and stop ~x repair charges as stated in Exhibit A
are confirmed and I,~iE against the properties listed ~ Exhibit A.
/
The assessmeT~nn¢ lo paid in installments. ~
All unpaid ass~smenb not paid within thirty (30) days affer~assage of this resolution shall
bear interest?t the rate of 8% per annum. ~
/
Assessments are payable at Johnson Country Treasurer, 13 Sou~ Dubuque Street, Iowa City,
Iowa beb .~en the hours of 8:00 A.M. and 5:30 P'M Mondays throOg, h Fridays excluding
holidays. --or thirty (30) days following passage of tt'fis resolution, pa~A,ment may be made at the
City Cie 410 E. Washington Street, Iowa City, Iowa between the hou'r~ of 8:00 A.M. and 5:00
P.M. through Fridays. ~
The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer
of Johnson County, Iowa for collection in the same manner as property taxes.
The City Clerk is further directed to publish notice of the schedule once each week for two
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen (15) days from the date of filing of the assessment schedule.
Passed and approved this day of ,2002.
MAYOR
ATTEST: ..,
CITY CLERK /"City Attorney's Office
It was moved by and se.c,d'nded by the Resolution be
adopted, and upon roll call there were: ..
AYES: ABSENT:
/ Champion
/ Kanner
Lehman
O'Donnell
Pfab
, Vanderhoef
/ Wilburn
sue\Ord&Res~AbateRe/oc
/
/
//
/
/
20
Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO.
RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF U MOWING,
CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK AND STOP
REPAIR CHARGES AND DIRECTING THE CLERK TO CE SAME TO
'IE JOHNSON COUNTY TREASURER FOR COLLECTION I MANNER
PROPERTY TAXES.
WHEREAS e City Clerk has filed with the City Clerk an schedule providing the
amount to against certain lots for the actual ur abatement costs of mowing,
cleaning up removing snow, repairing sidewalks, ~ repairing stop boxes in the same
manner as ~axes;
WHEREAS, said Jla is attached as resolution and incorporated herein by
this reference;
WHEREAS, Iowa Code authorizes City Council to assess against the property
said abatement costs in the., le manner as taxes; and
WHEREAS, the City Council ' owners listed in Exhibit A have received a
written notice of the date and public hearing on the adoption of said assessment
schedule, in substantially the same f, attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RE BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Exhibit A is adopted to Iowa Code § 384.60(1).
The les, clean-up property charges, snow
removal charges, lies and sto gas as stated in Exhibit A
are confirmed and levied ~ainst the properties Exhibit A.
The assessment cann, be paid in installments.
All unpaid within thirty (30) days ~ssage of this resolution shall
bear interest at the 8% per annum.
Assessments at Johnson Country Treasurer, 13 Dubuque Street, Iowa City,
Iowa between th hours of 8:00 A.M. and 5:30 P.M. Ih Fridays excluding
holidays, ty (30) days following passage of this resolution ment may be made at the
City Clerk, 41( ~gton Street, Iowa City, Iowa between the rs of 8:00 A.M. and 5:00
P.M.
The City CI : is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer
of Johnso~ .~ounty, Iowa for collection in the same manner as property taxes.
The City Clerk is further directed to publish notice of the schedule once each week
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi( of which
more than fifteen (15) days from the date of filing of
pproved this day of 2002.
MAYOR
ATTEST: '
CITY CLERK City Attorney's Office
It was moved by seconded by. the Resolution be
adopted, and upon roll call there were:
AYS: ABSENT:
Champion
Kanner
__ Lehman
~._ O'Donnell
~ Pfab
~ Vanderhoef
sue\Ord&Res~Abate~/ X~urn
Properties to be Assessed
Prepared by Pamela J. Thodos
June 19, 2002
EXHIBIT A
Property Address '""- Legal Parcel Appraised Property Service Date of Cost of Invoice Invoice
'~qription Number Value Owner Rendered Service Service N~ber Totals
1451 Chamberlain Dr Village~en 1013478001 $248,390 McKinley, Weed 9/28/01 $74.85 d~293
Part XIII Lo~3 Priscilla removal
2423 Crestview Court HillAdd'"' ~1013226030 $105,730 Swope, Chad Sidewalk 10/25/01 $~ 01058
Avenue Lot 75 ".., Repair
204 Park Rd Blacks Park Lot 1004~.08 $I30,i10 Thayer, Weed 8/28/01 .'$'104.43 1285
2 BLK F & part '~ Charles removal
Vacated Alley
Lying N of Lot 2
10'N & S by 64'
E&W
1421Keokuk St PlumGrove 1015481001 $91,460 '_~yI, Rob~-( Snow 2/15/01 $72.50 1231
Acres Part 3 Lot Tag~ Removal
100
I310 Yewell St Kirkwood Place 1014347003 $93,710 ~. ~egan, Ry'aXnx Snow 1/03/01 $50.00 1176
Lot 70J x. Removal
1310 Yewell St Kirkwood Place 1014347003 $9~0 Megan, Ryan o~ow 2/16/01 $88.50 1251 $138.50
Lot 70 ..'~ Re'n~qval
301I Brookside Dr Court Hill Add 1013153J11~ $120,140 Nagle, Gary Snow"'-. 1/15/01 $124.00 1131
Part 12 Lot 502/ RemovalN
2923-25ComellAve Oak Woods Add ~,t~12462009 $124,930 Morgan, Snow 1'/,[5/01 $121.50 1130
Part 1 Lot 25D/ Charles Removal
2029 Friendship East Iowa~/~ E 101411400I $98,470 Whatley, Sidewalk 10/24~ $300.00 87
'/2 Lotj,,~Blk 23 Bryan Repair
1849 Hollywood Ct Fr.~ 177 1023126029 $85,520 Lepic, Snow 1/03/01 '~5.00 1179
~,Ianor Condo Matthew Removal
// Unit A
1016 Diana St / Lucas Add N 4 I' 1015427004 $55,890 Wezeman, Weed 6/16/00 $77.50 N 1045
Lot 4 Blk 6 Peter Removal\ s
804 N Dubuque St Iowa City 1010202007 $306,560 Beddow, John Snow 12/22/00 $100.50 tbi.04
Outlots S 110' of Removal &
W 80' of Outlot 12/27/00
19
Properties to be Assessed
Prepared by Pamela J. Thodos
June 19, 2002
Property Address LegaF'~-- Parcel Appraised Property Service Date of Cost of Invoice Invoice
Description "-. Number Value Owner Rendered Service Service Number Totals
528 College St Original Town of "!010454011 $I79,780 Reemtsma, Snow 2/4/00 $119.50 1026
Iowa City S ' "'~ ·. James Removal
75.5' Lot 8 Blk ....
4l & E 2.42'of S
75' of Lot 7 Blk
41 "N, ,ti
724 Ronalds St OriginalTown of 1010108012 $113,450 Grb~g~,Kent Snow 2/i/01 $162.50// 1213
Iowa City Lot 7 'x,.~.. Removal
Blk 12 "N
717 Jefferson St Original Town of 1010411005 $91,680 Lacina,'S~ownow 2/19/01 / "$57.75 1256
Iowa City W 40' Donald Re-'re.oval
Lot 2 Blk 19 ~.
704 - 06 Bowery St Oak Hill Add S 1015104028 $132,830 Lockhard, Snow/''''x ,.1/8/01 $84.75 1160
57' of lots 14 & Richard .~oval'N
508 Davenport St Original Town of 1010158015 $128,640 Kral, J~''~ Snow 1/3/01 '~,, $41.00 1184
Iowa City E 26'~ Removal
S 72' Lot 3 Blk ~
36 and W 30' S
72' Lot 4 Blk 36 ·
106NlStAvenue Washington Park 101233~fI,1~ $137,290 Amada, Snow 1/8/01 $66.00 'x 1167
Add Part 2 LotJ Kenneth Removal
49
I01 Shrader Rd Linden park,~d'd" 1012377001 $100,930 Guhl, Cindy Snow 2/6/01 $73.00 1223
Lot 60 ,/' Removal
927 Hudson Bailey&Beck 1016427012 $62,280 Wickham, Weed 6/10/00 $62.50 1040
Add Lot 26 Robert Removal
927Hudson Bailey&Beck 1016427012 $62,280 Wickham, Weed 6/15/01 $77.50 1275 $140.00
Add Lot 26 Robert Removal
1714 Momingside Dr Momingside 1011451013 $131,700 Hein, Sidewalk 10/25/01 $96.00 01056
Add Lot 53 & 54 Christopher Repair
Blk 5
Properties to be Assessed
Prepared by Pamela J. Thodos
June 19, 2002
Property Address Legal Parcel Appraised Property Service Date of Cost of Invoice Invoice
Description Number Value Owner Rendered Service Service Number Totals
426 B ayar"3-S'T'-~ ..... Manville Add 1009151008 $132,310 Lewis Weed 7/6/01 $53.00 1287
"Errt-7~ 8 Blk 12 Investments Removal
707 Walnut St Borland_ ~Pff~.. 1015188007 $76,750 Marland, Snow 2/8/00 $107.50 1034
60' Lot 7 & N ' ' Barbara Removal
60' ofW 40' Lot ~'"'~'-~
bBlk4 ~.
707 Walnut St Borland Place N 1015188007 $'76,250.. Marland, Weed ,~7/00 $80.85 1053
60' Lot 7 & N -.~. Barbara Removal,..
60' of W 40' Lot
b BIk 4 ~.,.
707 Walnut St Borland Place N 1015188007 $76,750 Marland,'~..., ....,, ,"/W'eed 8/2/00 $62.50 1057
60' Lot 7 & N Barbara ,~'~. Removal
60' of W 40' LotJ
b Blk 4 '~-~.~
707Walnut St Borland Place N 1015188007 $76,750 ,,~arland, Weed'Xx 9/19/00 $56.25 1065
60' Lot 7 & N / Barbara Removal 'x.
60' of W 40' LotJ
bBLk4
707 Walnut St Borland Place N I0151880J~ $76,750 Marland, Weed 8/15/01 ~,$60.00 1282
60' Lot 7 & N~ Barbara Removal
60' of W 40' Lot ~ ·
bBlk4
707 Walnut St Borland PI~r~ 1015188007 $76,750 Marland, Snow 2/8/02 $67.75 1299 $434.85
60' Lo.~.~7'~& N Barbara Removal
~4W 40' L0t
1036 Court Street -/ Kaufmanns Add 1011389011 $155,960 Potter, David Sidewalk 10/25/01 $467.00 1065
,~'~' W ½ Lot 21 Repair
656 S Governor Strohms Add s 1015177006 $82,740 Deines, Dale Weed 8/24/01 $60.00 1283
40' lot 9 blk 2 Removal
656 S Governor Strohms Add s 1015177006 $82,740 Deines, Dale Weed 6/19/01 $55.00 1267 $115.00
40' lot 9 blk 2 Removal
Properties to be Assessed
Prepared by Pamela J. Thodos
June 19, 2002
Property
Address
Lega~"---?.~ Parcel Appraised Property Service Date of Cost of Invoice Invoice
Description"--~ Number Value Owner Rendered Service Service Number Totals
925 Washington St Iowa City '~-4~ $159,260 Toch, Snow 1/24/01 7 $125.50 1108
Outlots W55' of~ Margaret Removal 1/25/01
E 113' of Nl00'
of Outlot 3 ~ //
402Davenport St OriginalTownof 1010157012 $12~0.Q Yocom. Dale Sidewalk 1/I5¢fff2 $1,275.75 02001
Iowa City W~- -. Repair
/
40'orS 60' Lot 5
Blk 49~....
July 10, 2002
Mr. Dale Yocom
402 Davenport St.
Iowa City, IA 52240
Dear Mr. Yocom:
This is to notify you that the City Council will be considering a resolution on July 16, 2002 that
will assess against your property the cost that the City has incurred to do one of the following:
unpaid mowing, clean-up of property, snow removal, sidewalk~r~pair, or stop box repair charges.
Enclosed for your information is a copy of the bill. If the City Council approves the assessment
against your property, the amount will be collected by the Johnson County Treasurer in the same
manner as a property tax.
If you pay the amount due in full before the City Council meeting, the resolution will not include
an assessment against your property. You can make the payment by mailing or coming in person
to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00
p.m. If property is assessed and the amount is not paid within 30 days, interest will accrue at a
rate set by the City Council.
If you have any questions about the resolution, please contact the City Accounting Division at
356- 5084.
Sincerely,
City Clerk
Enc.
Copy to: Accounting Division-w/enc.
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 I $26 · (319) 356-5000 ' FAX {319) 356-5009
4 0000023275 OOOO 00127575 000200502 S
· DETACH HERE · PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
CITY OF IOWA CITY
02327 YOCOM DALE A 402 DAVENPORT ST
IOWA CITY IA- 52245
20-MA"C-O?. 1., 275. 75 14-dUN-02 1, 275. 75
i',J'JOICE~ INVOICE DATE st \IM
'302001 15-J?;N-02 1,:275. 7!5
SUIgTO]"AL: 1,2'75.75 1,275.75
MAKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE SEND TOP PORTION OF BILL WITH CHECK
CHESTER J. CULVER ~~ HOOVER BUILDING, 2ND FLOOR
IOWA SECRETARY OFSTATE ~ DES MOINES, IOW^ 50319
August05, 2002
MARIAN KARR
CITY OF IOWA CITY
410 EWASHINGTON ST
IOWA CITY, IA 52240-1826
RE: Filing of 28E Agreement between the CITY OF CORALVILLE and the
JOHNSON COUNTY
Dear MS KARR
We have received the above described agreement which you have submitted
to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of August 05, 2002.
Sincerely,
Chester J Culver
Secretary of State
CJC/PK
Enclosures
(515) 281-5204 FAX (515) 242-5953 w~vw.sos.state.ia.us sos@sos.state.re.us
Prepared by: Eleanor Dilkes. City Attorney., 410 E. Washington St., Iowa City. IA 52240 (319) 356-5030
RESOLUTION NO. 02-257
RESOLUTION AUTHORIZING EXECUTION OF A SECOND REVISED CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE
REGARDING CERTAIN OBLIGATIONS INVOLVING THE IOWA RIVER POWER .DAM
RENOVATION PROJECT
WHEREAS, the City of iowa City owns the Iowa River Power Dam located on the Iowa River, a
short distance upstream from the mouth of Clear Creek; and
WHEREAS, the City of Iowa City desires to renovate the Dam to ensure the permanence of the
water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and
WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water
pool, and the pedestrian bridge will benefit both communities; and
WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the
Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam Renovation
Project; and
WHEREAS, Iowa City and Coralville executed a revised 28E Agreement regarding certain
obligations involving the Iowa River Power Dam Renovation Project, which agreement was
executed by Coralville on January 18, 1999, executed by Iowa City on January 12, 1999 and
recorded with the Johnson County Recorder on January 22, 1999, in Book 2662, Page 224
(hereinafter ~Revised Original Agreement"); and
WHEREAS, since the execution of said Revised Original Agreement changes have been made to
the design of the project which affect the relative obligations of Coralville and Iowa City as well as
the property acquisitions that are necessary in order to complete the Project; and
WHEREAS, said changes require that the parties execute a revised Chapter 28E Agreement
regarding their rights and obligations in connection with said Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CtTY OF IOWA
CITY, IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized to execute the second revised Chapter 28E
Agreement with Coralville, Iowa, attached hereto and incorporated by reference herein, and
said agreement is hereby approved as to form and content, and is found to be in the best
interests of the citizens of Iowa City, Iowa
2 The City Clerk is hereby authorized to forward the executed Resolution and Agreement for
recording to the Offices of the Johnson County Recorder and for filing to the Iowa Secretary of
State, with recording and filing costs to be shared by both cities.
Resolution No. 02-257
Page 2
Passed and approved this 16th day of Jul .
CITY"GLERK City Attomey's Office
eleano~Vest2n~ Revised 28E Agmt-IRP Dam Project.doc
Resolution No. 02-257
Page 3
It was moved by . Champion and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner "" '
X Lehman ·
X O'Donnell
X Pfab
X Vanderhoef
X VVilbum
Contact Person: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
SECOND REVISED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS
INVOLVING RENOVATION OF THE DAM AND INCLUDING CONSTRUCTION OF A
PEDESTRIAN BRIDGE ATOP THE IOWA RIVER POWER DAM AND INSTALLATION
OF A BOAT RAMP IN CORALVILLE
THIS AGREEMENT, made by and between the City of Coralville, Iowa, a municipal corporation,
hereinafter referred to as "Coralville,' and the City of Iowa City, Iowa, a municipal corporation,
hereinafter referred to as "Iowa City," pursuant to Chapter 28E of the Code of Iowa, regards
cedain obligations involving the renovation of the Iowa River Power Dam ("Dam").
WHEREAS, the City of Iowa City owns the Iowa River Power Dam located on the Iowa River, a
short distance upstream from the mouth of Clear Creek; and
WHEREAS, the City of Iowa City desires to renovate the Dam to ensure the permanence of the
water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and
WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water
pool, and the pedestrian bridge will benefit both communities; and
WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the
Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam
Renovation Project; and
WHEREAS, Iowa City and Coralville executed a revised 28E Agreement regarding certain
obligations involving the Iowa River Power Dam Renovation Project, which agreement was
executed by Coralville on January 18, 1999, executed by Iowa City on January 12, 1999 and
recorded with the Johnson County Recorder on January 22, 1999, in Book2662, Page224,
(hereafter "Revised Original Agreement"); and
WHEREAS, since the execution of said Revised Original Agreement changes have been made
to the design of the project which affect the relative obligations of Coralville and Iowa City as
well as the property acquisitions that are necessary in order to complete the Project; and
WHEREAS, said changes require that the parties execute a second revised Chapter 28E
Agreement regarding their rights and obligations in connection with said Project
NOW, THEREFORE, IT IS AGREED AS FOLLOWS
1. Purpose. The purpose of this Agreement is to define specific responsibilities for
construction and maintenance of the Iowa River Power Dam, the pedestrian bridge atop
the Dam and the pedestrian approach walks, as well as improvements to Coralville's
boat ramp to the Iowa River
2. Consideration. The mutual consideration herein is undertaking the improvements which
include Dam renovation, pedestrian bridge, approach walks and boat ramp. No separate
legal entity is created by this Agreement, and the City Council of each city will administer
each city's duties and responsibilities hereunder.
3. Rescission of Original Agreement. The Revised Chapter 28E Agreement between the
City of Iowa City and the City of Coralville regarding certain obligations involving the
Iowa River Power Dam Renovation Project that was executed by Coralville on January
18, 1999, by Iowa City on January 12, 1999, and recorded with the Johnson County
Recorder on January 22, 1999, in Book 2262, Page 224, is hereby rescinded and
cancelled in its entirety.
4. Responsibility - Iowa City. It shall be the responsibility and duty of Iowa City to:
A. Renovate and maintain the Dam at its sole expense so long as Iowa City holds
title to same. This obligation in no way restricts Iowa City from securing funds
from entities other than the City of Coralville.
B. Design and construct, or cause to be constructed, the pedestrian bridge, the
necessary pedestrian approach walks and the improvements to the Coralville
boat ramp to the Iowa River substantially in accordance with the plans prepared
by N.N.W. Inc. dated July 5, 2002. The route for construction access shall be in
Iowa City's sole discretion. In the event that 5th Street Place is used for access
Iowa City shall repair any damage to the street caused by such use.
C. Maintain the pedestrian bridge and the easterly approach walk to the pedestrian
bridge.
D. Authorize Coralville to acquire, on behalf of Iowa City, either by voluntary
acquisition or condemnation if necessary, a fee title area for the westerly
approach walk and a temporary construction easement as shown on the
Acquisition Plat attached hereto as Exhibit "A". Said authorization shall be
deemed given upon Iowa City's execution of this Agreement.
Grant to Coralville an easement for permanent use and maintenance of the
westerly approach walk and gazebo.
F. Pay all costs, except $204,587.00 associated with the construction of the
pedestrian bridge, the boat ramp and necessary pedestrian approach walks.
5. Responsibility - Coralville. It shall be the responsibility and duty of Coralville to:
A. Secure on behalf of Iowa City, either by voluntary acquisition or condemnation,
the fee title parcel and temporary construction easement necessary for the
project as identified on Exhibit "A" In connection with said acquisitions, the
parties agree as follows:
a The City Manager of the City of Iowa City, ~n consultation with the City
Attorney's office, is authorized to establish, on behalf of the City, an
amount the City believes to be just compensation for the property to be
acquired
3
b. In the event negotiation is successful, the Mayor and City Clerk of Iowa
City are authorized, upon the direction of the Iowa City City Attorney, to
execute and attest all documents necessary to effectuate the purchase of
said property rights. The City Attorney of Iowa City is authorized to
complete said transactions, as required by law.
c. In the event the necessary property rights cannot be acquired by
negotiation, the Coralville City Attorney is authorized to initiate
condemnation proceedings for acquisition of said property rights
necessary to fulfill the functions of the project, as provided by law. ·
d. Condemnation of property interests necessary for this project and those
necessary for Coralville's 1st Avenue and pedestrian trail improvements
shall occur in a single condemnation proceeding.
e. In the event the Compensation Commission does not make separate
awards for each acquisition made by Iowa City and Coralville,
responsibility for payment will be allocated based on the appraisals
obtained by the cities.
f. Upon the award of the Compensation Commission, Iowa City shall decide
whether to deposit the awarded amount or abandon the condemnation of
said properly interests. In addition, any decision to appeal the
Commission's award shall be made by Iowa City.
B. Maintain the boat ramp and the westerly approach walk to the pedestrian bridge
and all associated appurtenances including the gazebo, railing, retaining wall,
and lighting. Coralville shall indemnify and hold Iowa City harmless from all
claims and damages arising from the use of said westerly approach wall and
associated appurtenances.
C. Approve the plans and specifications for the pedestrian bridge, westerly
approach walk and boat ramp. Approval of the plans prepared by N.N.W., Inc.
dated July 5, 2002 shall be deemed given upon Coralville's execution of this
Agreement.
D. Pay $204,587 as Coralville's podion of the renovation project. Iowa City's
application for a Resource Enhancement and Protection ("REAP") grant from the
Iowa Department of Natural Resources on Coralville's behalf, and Iowa City's
prior receipt of such grant in the amount of $150,000, which receipt is hereby
acknowledged by Iowa City, shall satisfy $150,000 of Coralville's total
contribution to the project The remaining $54,587.00 shall be paid by Coralvi[le
upon final acceptance of the project If the REAP grant is reduced or eliminated
due to State budgetary constraints or Coralville's failure to acquire the necessary
property on or before December 31, 2002, Coralville's payment due upon final
acceptance shall ~ncrease by the amount of the grant that is reduced or
eliminated Loss of the grant for other reasons shall be at Iowa City's expense
E Following construction Coralville will guarantee and provide Iowa City and
Johnson County with reasonable and sufficient access to the dam for
maintenance and public safety purposes
4
6. Consent. Upon completion of the construction, no changes in the physical features of
the pedestrian bddge or the pedestrian approach walks shall be undertaken without
mutual consent of the parties to this Agreement.
7. Filing. This Agreement shall be filed with the Secretary of State and recorded in the
office of the Johnson County Recorder as required by Section 28E.8 of the Code of
Iowa, with costs to be shared equally by both parties.
Dated this 2 ~ day of ~J-"k /y , 2002.
CITY OF CORALVlLLE CITY/e~ IOWA CITY
Jin~aL]sett, May~r 'l~rnest W. Lehman, Mayor .
ys HanrYam, City Clerk Maria~n K. Karr, City Clerk
Approved by
Office of the Iowa City City Attorney
CITY OF CORALVILLE ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~,~ . day of ~--~(~.~w~ , 20 C2.2~ , before me,
~C~.A.x2,._~.-~ t,~c,-~_~--~A.~.~-~ '~ , (~ Notary Public in and for the State of Iowa,
personally appeared Jim Fausett and Arlys Hannam to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, passed by the City Council, and that Jim Fausett and Arlys Hannam
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
J'~'J MyCommlssJonExp~res !
1 .~°~-/ "ii I'~ / Notary Public in and for the State of lowa
My commission expires: 711 71C~L
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I~, day of ,J ~...y , 20 op. , before me,
~r~. t-'-"~r~,~- , a nota~ public in and for the State of Iowa, persona~ly appeared
Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City CleA, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that
the inst~ment was signed and sealed on behalf of the corporation, by authority of its City Council;
as contained in ~nc~) (Resolution) No. O~- A~? passed by the City Council, on the
/~ day of ~y , 20 ~ , and that Ernest W. Lehman and
Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed
and the voluntaw act and deed of the corporation, by it voluntarily executed.
SONDRAE FORT
Commission Number 159791
My Commission Expires ~ o"n c~,~.~_.z. F~,~--~
Notary Public in and for the State of
My commission expires: B - 7- ~
eleanor/a gt/IC-Cville 28 Er ev doc
IEXHImT
JPA~E~~
ACXAJLWT10~ PLAT ~
FIRST AVENtJE PHASE I
cI'rY Ot= COFIALVII I F
EXHIBrr 'A'
i ,STN St,
(1.3eo
¢9'24" E 46.40' (S 3~44'56' E)
25'33'34' ~ 18.54' (S 24'29'06'
S ~2'50'59' E ~ [ 51.56' (~ 59'15'04~ [)
s~E: ,'- ~o' ~ ~} GO~5~,9
ACOUISmON PLAT '
F:IRST AVENUE FHA.gEl
C~ OF CORALVII' I'F
JOHNSON ~, IA
EXHIBrT 'A'
DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Contact Person: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
SECOND REVISED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE CITY OF CORALVlLLE REGARDING CERTAIN OBLIGATIONS
INVOLVING RENOVATION OF THE DAM AND INCLUDING )F A
PEDESTRIAN. BRIDGE ATOP THE IOWA RIVER POWER
OF A BOAT R~PIN CORALVlLLE
THIS AGREEMENT, ma~l~ by and between the City of Coralvi~ Iowa, a municipal corporation,
hereinafter referred to as "C~oralville," and the City of Iowa ,(Zity Iowa, a municipal corporation,
hereinafter referred to as "lb~va City," pursuant to Chapt,ef 28 of the Code of Iowa, regards
certain obligation_s invoMng th~novation of the Iowa~er Power Dam ("Dam").
WHEREAS, the City of Iowa City ~ns the Iowa !~.~o.w~er Dam located on the Iowa River, a
short distance upstream from the m~th ,k; and
WHEREAS, the City of Iowa City desir~ the Dam to ensure the permanence of the
water pool formed by the Dam and to pedestrian bridge atop the Dam; and
WHEREAS, the cities of Iowa City and ,ille agree the Dam renovation, permanent water
pool, and the pedestrian bridge will communities; and
WHEREAS, the Iowa Department ~rces also requires the reconstruction of the
Coralville boat ramp to the River be into the Iowa River Power Dam
Renovation Project; and
WHEREAS, Iowa City and executed a 28E Agreement regarding certain
obligations involving the River Power Dam 3n Project, which agreement was
executed by Coralville o~ 18, 1999, executed by City on January 12, 1999 and
recorded with the Johr County Recorder on January 1999, in Book2662, Page224,
(hereafter "Revised Or reement"); and
WHEREAS, since 1 execution of said Revised Ori changes have been made
to the design of t; project which affect the relative obligations of ~ralville and Iowa City as
well as the acquisitions that are necessary in order to corn the Project; and
WHEREAS, changes require that the parties execute a second Chapter 28E
Agreement r, ~ts and obligations in connection with said ~ct.
NOW, THI EFORE, IT IS AGREED AS FOLLOWS:
1. Dose. The purpose of this Agreement is to define specific for
and maintenance of the Iowa River Power Dam, the
he Dam and the pedestrian approach walks, as well as improvements 3ralville's
boat ramp to the Iowa River.
2
2. Consideration. The mutual consideration herein is undertaking the improvements which
include Dam renovation, pedestrian bridge, approach walks and boat ramp. No separate
legal entity is created by this Agreement, and the City Council of each city will administer
each city's duties and responsibilities hereunder.
3. Rescission of Original Agreement. The Revised Chapter 28E Agree~nent between the
City of Iowa City and the City of Coralville regarding certain obli involving the
Iowa River Power Dam Renovation Project that was executed January
18, 999, by Iowa City on January 12, 1999, and recorded the Johnson County
~r on January 22, 1999, in Book 2262, Page hereby rescinded and
in its entirety.
4. Res - Iowa City. It shall be the responsibil and duty of Iowa City to:
A. ~d maintain the Dam at its long as Iowa City holds
title to This obligation in no way Iowa City from securing funds
from entities 9r than the City of Cora
B. Design and uct, or cause to constructed, the pedestrian bridge, the
necessary n approach and the improvements to the Coralville
boat ramp to the in accordance with the plans prepared
by N.N.W. Inc. shall be in
Iowa City's that 5th Street Place is used for access
Iowa City shall repair an age to the street caused by such use.
C. Maintain the pedestrian and the easterly approach walk to the pedestrian
bridge.
D. Authorize Coralville )n behalf of Iowa City, either by voluntary
acquisition or cond, if a fee title area for the westerly
approach walk a tempora~ ~n easemedt as shown on the
Acquisition Plat hereto Exhibit "A". Said authorization shall be
deemed given up ty's of this Agreement.
E. Grant to an easement for anent use and maintenance of the
westerly appr~ gazebo.
F. Pay all co., except $204,587.00 with the construction of the
pedestrian the boat ramp and necessar approach walks.
5. Responsibility- ;oralville. It shall be the responsibility duty of Coralville to:
A. Secure ~ behalf of Iowa City, either by voluntary uisition or condemnation,
the title parcel and temporary construction ment necessary for the
proje as identified on Exhibit "A". In connection said acquisitions, the
agree as follows:
a. The City Manager of the City of Iowa City, in co with the City
Attorney's office, is authorized to establish, on behalf of the City, an
amount the City believes to be just compensation for the property to be
acquired.
3
b. In the event negotiation is successful, the Mayor and City Clerk of Iowa
City are authorized, upon the direction of the Iowa City City Attorney, to
execute and attest all documents necessary to effectuate the purchase of
said perry rights. The City Attorney of Iowa City is authorized to
corn said transactions, as required by law.
c. In the .~nt the necessary property rights cannot be acquired by
the Coralville City Attorney is authorized to itiate
proceedings for acquisition of said property
necessar ulfill the functions of the project, as provided by law.
d. Condemnatior property interests necessary for this proje those
necessary for 1st Avenue and pedestrian trail
shall occur in a si e condemnation proceeding.
e. In the event the mpensation Commission not make separate
awards for each uisition made by City and Coralville,
responsibility for will be based on the appraisals
obtained by the cities.
f. Upon the award of the 3mpensa Iowa City shall decide
whether to deposit the condemnation of
said property any decision to appeal the
Commission's award made by Iowa City.
B. Maintain the boat ramp and the pedestrian bridge
and all associated appur including the gazebo, railing, retaining wall,
and lighting. Coralville.. ...... inde~ nify and hold Iowa City harmless from all
claims and damages.~rising from le use of said westerly approach wall and
associated appurt~(ances.
C. Approve the ..p~ans and ns for the pedestrian bridge, westerly
approach w.,31k and boat ramp. of the plans prepared by N.N.W., Inc.
dated Ju!¥~5, 2002 shall be deemed ;;liven upon Coralville's execution of this
Agreen3~nt.
D. Pay~$204,587 as Coralville's portion f the renovation project. Iowa City's
~¢;plication for a Resource Enhancement and Protection ("REAP") grant from the
/.'"Iowa Department of Natural Resources ~n Coralville's behalf, and Iowa City's
/~ prior receipt of such grant in the amoun~of $150,000, which receipt is hereby
../ acknowledged by Iowa City, shall satisfy $150,000 of Coralville's total
contribution to the project. The remaining $t54,587.00 shall be paid by Coralville
upon final acceptance of the project. ~
E. Following construction Coralville will guarahtee and provide Iowa City and
Johnson County with reasonable and sufficient access to the dam for
maintenance and public safety purposes.
6. Consent. Upon completion of the construction, no changes in the physical features of
the pedestrian bridge or the pedestrian approach walks shall be undertaken without
mutual consent of the parties to this Agreement.
4
7. Filing. This Agreement shall be filed with the Secretary of State and recorded in the
office of the Johnson County Recorder as required by Section 28E.8 of the Code of
Iowa, with costs to be shared equally by both parties.
Dated this day of ,2002.
CITY OF ~,LVILLE CITY OF IOWA CITY
By: By:
Jim Fausett, Mayor Ernest W. Lehman, Mayor
ATTEST: ATTEST:
Arlys Hannam, Clerk Marian K. Clerk
Approved by
Office c Iowa City City Attorney
CITY OF 'ILLE ACI
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,, 20 , before me,
Notary Public in and for the State of Iowa,
personally appeared Jim to me personally known, and, who, being by
me duly sworn, did say that are the and City Clerk, respectively, of the City of
Coralville, Iowa; that the affixed to the instrument is the corporate seal of the
corporation, and that the was signed sealed on behalf of the corporation, by
authority of its City Coul passed by the City and that Jim Fausett and Arlys Hannam
acknowledged of the instr act and deed and the voluntary
act and deed of the by
Notary Public in a~d for the State of Iowa
My commission expii'es:
iowa )
) SS:
JOHNSON )
On this day of 20 , before me,
a notary public in and for the Iowa, personally appeared
Ernest W. Lehman and K. Kart, to me personally and, who, being by me duly
sworn, did say that Mayor and City Clerk, res ', of the City of Iowa City, Iowa;
that the seal affixed to lg instrument is of the corporation; and that
the instrument was signed by authority of its City Council;
as contained in (Ordinance) No. passed by the City Council, on the
__ day of and that Ernest W. Lehman and
Marian K. Kart acknowledged the instrument to be their voluntary act and deed
and the voluntary act and deed of the by it voluntarily executed.
Notary and for the State of Iowa
My )ires:
eleanor/agt/IC*Cville28Erev.doc