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2012-04-03 Resolution
M � 4d(1) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 1?-174 RESOLUTION ACCEPTING THE WORK FOR THE EECBG WATER PLANT IMPROVEMENT PROJECTS 2011 WHEREAS, the Engineering Division has recommended that the work for construction of the EECBG Water Plant Improvement Projects 2011, as included in a contract between the City of Iowa City and Randall Electric, Inc. of Iowa City, IA, dated July 7, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Energy Efficiency and Conservation Block Grant Program account # 2310; and WHEREAS, the final contract price is $154,080.05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 . ,!V� MAYOR Approved by ATTEST: „A(�t u 06 � CIT LERK City Attorney's Office 3�Z�tlZ It was moved by nobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x Pweng/res /acptwork -eecbg wtrplimprov.doc 3/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims x Payne Throgmorton �M 04 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 21, 2012 Honorable Mayor and City Council Iowa City, Iowa Re: EECBG Water Plant Improvement Projects 2011 Dear Honorable Mayor and Councilpersons: I hereby certify that Randall Electric Inc., of Iowa City, Iowa has completed the construction of the EECBG Water Plant Improvement Projects 2011 in substantial accordance with the plans and specifications prepared by Shive- Hattery Inc., of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $ 154,080.05 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, �Z- /-Ivl� Ron Knoche, P.E. City Engineer SAENMARCHITECTURE FILE\Projects\Energy Efficiency Conservation Block Grant Projects for City Facilities \Projects RFPs \EECBG Water Plant Improvments Projects 2011 \Engineer's Letter EECBG Water Plant Improvements Projects- Lighting Replacment 03 21 12.doc 4d(2) Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. 12-125 RESOLUTION ACCEPTING THE WORK FOR THE TERRY TRUEBLOOD RECREATION AREA— PHASE 2 IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Terry Trueblood Recreation Area — Phase 2 Improvements Project, as included in a contract between the City of Iowa City and Tricon General Construction, Inc. of Dubuque, IA, dated December 8, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Terry Trueblood Recreation Area account #4152; and WHEREAS, the final contract price is $1,291,637.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 A5!%,Jk A MAYOR Approved by City Attorney's Office It was moved by Dobyns and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns Hayek x Mims X Payne g Throgmorton Pweng /res /acptwork- truebloodrecarea.doc 3/12 �,► �^ 6AA&- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 23, 2012 City Clerk City of Iowa City, Iowa Re: Terry Trueblood Recreation Area — Phase 2 Improvements Dear City Clerk: I hereby certify that the construction of the Terry Trueblood Recreation Area — Phase 2 Improvements Project has been completed by Tricon General Construction of Dubuque, Iowa in substantial accordance with the plans and specifications prepared by Snyder & Associates, Inc. of Cedar Rapids, Iowa. The final contract price is $1,291,525.75. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, _7ze-91-E &-. Ronald R. Knoche, P.E. City Engineer cc: Josh Slattery, Civil Engineer M +y 4d(3) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 19 -126 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Bill Mihalopoulos, as landlord, and Atlas World Grill, Inc, d /b /a Atlas World Grill, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 127 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. O A MAYOR ATTEST:��� CITY CLERK Approved by: City Attorney's Office Resolution No. 12 -126 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims Payne x Throgmorton M! J 4d(4) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -127 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Lusati, Inc, d /b /a Quinton's Bar & Deli, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 215 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. ATTEST: A244� - �i' 2V! CITY-CLERK 0 . Approved by: 31,E ,a City Attorney's Office Resolution No. 12 -127 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton My 4d(5) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -128 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen et al, as landlord, and Linn Street Cafe Inc., d /b /a Linn Street Cafe, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 121 N. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. . MAYOR ATTEST: CIT CLERK Approved by: City Attorney's Office Resolution No. 12 -128 Page 2 It was moved by _ Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x Dobyns x_ Hayek x Mims _x Payne x Throgmorton Mfg 04 -03 -12 4d(6) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12_129 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Saloon of Iowa City, L.C., d /b /a Saloon, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 112 College St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. !�V� MAYOR ATTEST: CITY tLERK Appr �ed b City Attorney's Office Resolution No. 12 -129 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens x Dobyns x Hayek x Mims Payne x Throgmorton Mk� U4-0j-12 4d(7) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -130 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Givanni's of Iowa City, d /b /a Givanni's, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 109 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. MAYOR ATTEST: [/1J CITY-CLERK Approved by: S�6(-123 City Attorney's Office Resolution No. 12 -130 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion —x— Dickens x Dobyns _ x Hayek _- Mims x Payne —X_ Throgmorton M +9 ad(s) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -131 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, MidwestOne Bank, as landlord, and ICBB, Ltd, d /b /a Brown Bottle, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 115 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. - n ATTEST: ��/ MAYOR _r���i �. ��� CIT eLERK Approved b City Attorney's Office Resolution No. 12 -131 Page 2 It was moved by Dobyns and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x MC /MWI Mims the ABSENT: Champion Dickens Dobyns Hayek Mims x Payne Throgmorton Mfg U4-03-1 2 4d(9) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -132 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN OAKES, AND TENANT CHACKALACKAL, INC D /B /A ONE TWENTY SIX,'FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Evelyn Oakes, as landlord, and Chackalackal, Inc, d /b /a One Twenty Six, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 126 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 3rd day of April , 2012. ATTEST: 26AedA2 k. ;�� CITY-CLERK Lei. Ap roved b 5--43 � . o? �- -t a City Attorney's Office Resolution No. 12 -132 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _x Dickens x Dobyns may_ Hayek Mims x Payne �_ Throgmorton M�ly 4d(10) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12-1-1-1 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1232 E. COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $4,000, executed by the owners of the property on August 1, 2007, recorded on August 8, 2007, in Book 4201, Page 761 through Page 766 in the Johnson County Recorder's Office covering the following described real estate: Lot 5 and the south half of the vacated alley immediately adjacent thereto on the north, all in Block 3 of Clark & Borland's Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record WHEREAS, University of Iowa Community Credit Union is refinancing a Mortgage and is securing the loan with a Mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City's second position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 Resolution No. 12 -133 Page 2 ATTEST: 1 A" .1 i CI ERK Approved by City Attorney's Office It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens x Dobyns x Hayek _ x Mims Payne x_ Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $4,000, and was executed by Jeffrey A. Bennerhahn and Debra K. Benner -Hahn (herein the Owner), dated August 1, 2007, recorded August 8, 2007, n Book 4201, Page 761 through Page 766, Johnson County Recorder's Office, covering the following described real property: Lot 5 and the south half of the vacated alley immediately adjacent thereto on the north, all in Block 3 of Clark & Borland's Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record WHEREAS, the Financial Institution has loaned the sum of $135,000 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. `d 20 IJ . Dated this 3 day of APR I � , CITY OF IOWA CITY • W Attest: City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION On this -a rd day of Ara, !-- , 20 /a- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MA-- thew 'T. Aac4e k and Marian K. Karr, 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 Iowa City, Iowa; that the seal aff ixed 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, as contained in (Ordi Tanee � (Resolution) No. /J-/-93 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 3" day of APR«- , 20!9—, and that Maa+h.c.w cJ Pa,e l�- and Marian K. Karr 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. A soNDRAE FORT g jar; commission Number 159761 S�r,o%r irk '. my om Won FF-hus Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this o'�(p �� day of V27Aych , 20 i X , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared fijd6�1.� L aJ , to me personally known, who being by me duly sworn, did say that @she is the G r<'� Vcu Se - of Iii (' l6c. , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary tublic in and for the State of Iowa My Commission expires: 44L-3 MICHELLE ZEAR iCommission Number 128011 My Co mission Expires M+ :4J d(77) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -134 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520 MANOR DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and Deed Restrictions, executed by the owners of the property on December 23, 2009, recorded on May 3, 2010, in Book 4582, Page 798 through Page 799, in the Johnson County Recorder's Office covering the following described real estate: Lot 56, Park View Terrace Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 69A, Plat Records of Johnson County, Iowa. WHEREAS, the Retention Agreements and Deed Restrictions reflects the provisions of the state Jumpstart program, through which the owners received flood rehabilitation assistance; and WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owner of the property located at 520 Manor Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and University of Iowa Community Credit Union will be providing no additional funds to the owner; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, the subordination will not change the City's current position, that is it will remain is second position and inferior to the owner's primary lender. 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 subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 12 -134 Page 2 Passed and approved this 3rd day of April , 20_L2_. ATTEST: CI CLERK Approved by , 7�Z -3 City Attorney's Office It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek _ x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $29,998.80, and was executed by Charles E. Henderson and Nancy E. Bever, husband and wife (herein the Owners), dated December 23, 2009, recorded May 3, 2010, n Book 4582, Page 798 through Page 799, Johnson County Recorder's Office, covering the following described real property: Lot 56, Park View Terrace Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 69A, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $202,400 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the, real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Retention Agreement and Deed Restrictions held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Retention Aareement and Deed Restrictions held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Retention Agreement and Deed Restrictions of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this -3 1 4 day of _A pa )L- , 20/21, . CITY OF IOWA CITY Attest: City bferk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION � M On this 3,rd day of -APR L , 20 i,3- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mg-tf hg w 7: 44c."e (G and Marian K. Karr, 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 Iowa City, 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, as contained in (Gfdirianee) (Resolution) No. ia- I3 passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the 3 " day of Apo . L , 20 /-a , and that V and Marian K. Karr 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. 4YJQ ESONDRAE FORT Commycommission BExpires91 r� 801 s Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 9&4 ' day of �narC- , 201 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared P65&) t,- Ay4yii , to me personally known, who being by me duly sworn, did say tha he she is the Vi cc 1�rGSt of U/-Ca( , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said 0 acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. &L&,LZjL y Not ry Public in and for the State of Iowa My Commission expires: -V, /9- /3 MICHEL f comr(i UM M mi DO M�9 4c1(12) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -135 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO.6 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement Package No. 6, as included in a contract between the City of Iowa City and Advanced Environmental Testing & Abatement, Inc. of Waterloo, IA, dated October 10, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # 2300; and WHEREAS, the final contract price is $84,850.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 MAYOR Approved by ATTEST: / r,�1� & Fa�._� CIT MK City Attorneys Office It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek X Mims x Payne x Throgmorton Pweng /res /acptwork- cdbgasbestos abate.doc 3/12 � r P `�► +k moms �l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 27, 2012 City Council City of Iowa City, Iowa Re: CDBG Asbestos Abatement Package No. 6 Dear City Council: I hereby certify that the CDBG Asbestos Abatement Package No. 6 Project has been completed by Advanced Environmental Testing & Abatement of Waterloo, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $84,850.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer Mi.q 4d(13) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 19-116 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO.7 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement Package No. 7, as included in a contract between the City of Iowa City and Active Thermal Concepts of Hiawatha, IA, dated December 21, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # 2300; and WHEREAS, the final contract price is $58,540.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April 120 12 ,� .6 MAYOR Approved by � "0,- , I It was moved by Dobyns and seconded by adopted, and upon roll call there were: AYES: NAYS: -City Attorney's Office a. Mims the Resolution be ABSENT: _ x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng /res /acptwork- cdbgasbestos abateTdoc 3/12 � r 7wIII KP �091 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 27, 2012 City Council City of Iowa City, Iowa Re: CDBG Asbestos Abatement Package No. 7 Dear City Council: I hereby certify that the CDBG Asbestos Abatement Package No. 7 Project has been completed by Active Thermal Concepts of Hiawatha, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $58,540.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, 7/2. A - _ Ronald Knoche, P.E. City Engineer M �9 4dE) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 1 2 -1 37 RESOLUTION ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO.4 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the HMGP Asbestos Abatement Package No. 4, as included in a contract between the City of Iowa City and Lindstrom Environmental, Inc. of Plymouth, MN, dated October 14, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the 404 Hazard Mitigation Grant program Demolitions account # 3965; and WHEREAS, the final contract price is $13,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 MAYOR Approved by ATTEST: CITY LERK City Attorney's Office 3��z It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng /res /acptwork- hmgpasbestos abate4.doc 3/12 war ®M N CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 27, 2012 City Council City of Iowa City, Iowa Re: HMGP Asbestos Abatement Package No. 4 Dear City Council: I hereby certify that the HMGP Asbestos Abatement Package No. 4 Project has been completed by Lindstrom Environmental, Inc. of Plymouth, MN, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $13,000.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, - Z-L"-/z 4e Ronald Knoche, P.E. City Engineer M.kj 4d(15) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -13s RESOLUTION ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO.5 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the HMGP Asbestos Abatement Package No. 5, as included in a contract between the City of Iowa City and Abatement Specialties of Clinton, IA, dated December 19, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the 404 Hazard Mitigation Grant program Demolitions account # 3965; and WHEREAS, the final contract price is $31,657.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of April , 20 12 ��� ✓fin � MAYOR Approved by ATTEST: 2jz euu • A�� t. (CYO. 4" Paz , CITY—CLERK City Attorney's Office 34?ejz It was moved by nobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek — X _ Mims x Payne x Throgmorton Pweng /res /acptwork- hmgpasbestos abate&doc 3/12 _ ' C `r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org March 27, 2012 City Council City of Iowa City, Iowa Re: HMGP Asbestos Abatement Package No. 5 Dear City Council: I hereby certify that the HMGP Asbestos Abatement Package No. 5 Project has been completed by Abatement Specialties of Clinton, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $31,657.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer 04-03-12 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB11- 00017) RESOLUTION NO. 12 -139 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. WHEREAS, the applicant, The Peninsula Neighborhood Development Company, filed with the City Clerk, an application for approval of the preliminary plat of The Peninsula Neighborhood Phase 3 and 4, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Peninsula Neighborhood Phase 3 and 4, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this3rdday of April , 2012. MAYOR -� Approved by ATTEST: CITY CLERK City Attorney's Office � aSlz It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Dobyns X Champion X Dickens _X Hayek X Mims X Payne X Throgmorton s \pcd \preliminary plat - resolution.doc All 76j Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB12- 00001) RESOLUTION NO. 12 -140 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. WHEREAS, the applicant, The Peninsula Neighborhood Development Company, filed with the City Clerk, an application for approval of the preliminary plat of The Peninsula Neighborhood Phase 5, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Peninsula Neighborhood Phase 5, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 3rdday of April , 2012. MAYOR .gam Approved by ATTEST: CITY CLERK City Attorney's Office jla9' /� It was moved by champion and seconded by adopted, and upon roll call there were: AYES: X X X X X X s \pcd \preliminary plat - resolution.doc NAYS: Dickens the Resolution be ABSENT: Dobyns Champion Dickens Hayek Mims X Payne Throgmorton � 6k Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5240 RESOLUTION NO. 12-141 RESOLUTION WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. WHEREAS, the Iowa City/Johnson County Fringe Area Agreement provides for City review of subdivisions within two miles of the city boundary; and WHEREAS, Iowa code Section 354.9, provides that the City may, by resolution, waive its right to review of extraterritorial subdivisions, and certify the resolution which shall be recorded with the plat; and WHEREAS, the subdivider has requested that the City waive review of Woodland Ridge Estates, a 44 -acre, 11 -lot residential subdivision located south of Stewart Road and east of Dubuque Street in Johnson County in Fringe Area A; and WHEREAS, the subdivision is located beyond Iowa City's long -range growth area and is not likely to be annexed into the city. WHEREAS. Department of Planning and Community Development and the Public Works Department have recommend that the City waive review of the plat; and WHEREAS, the Planning and Zoning Commission has recommended that the City waive review of the plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City waives review of Woodland Ridge Estates, a 44 -acre, 11 -lot residential subdivision located south of Stewart Road and east of Dubuque Street in Johnson County. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, and forward it to Johnson County to be recorded with the plat after passage and approval by law. Passed and approved this 3rd day of April 2012. AIA MAYOR Approved by ATTEST:�t,���J ii % _GZCirGCt�� r.�J?r�i7�P� CITY CLERK City Attorney's Office � � Moved by Throgmorton , seconded by Mims the Resolution be a upon roll call there werAYES: NAYS: ABSENT: _y Dobyns X Champion X Dickens X Hayek X Mims X Payne X Throgmorton PCD /templates/woodland ridge estates - resolution.doc � r � N _Q I 'All W�` CITY OF IOWA CITY MEMORANDUM To: Planning and Zoning Commission From: Robert Miklo Date: March 15, 2012 Re: Woodland Ridge Estates Aaron Klosterman has submitted an application to Johnson County for approval of Woodland Ridge Estates, a 44 -acre, 11 -lot residential subdivision located south of Stewart Road in Fringe Area A of the Iowa City /Johnson County Fringe Area. Because this property is within the two -mile extraterritorial area, the City has the authority to review the subdivision. The applicant has requested that the City waive review in this case. The State Code provides for a waiver by resolution approved by the City Council. Although this property is within the Fringe Area, it is outside of Iowa City's long-term growth area. The surrounding area is already extensively developed and therefore it is unlikely that this and adjacent properties will be annexed into the city. In this case staff recommends that the City waive our review of the subdivision. _�GENO TRACT G M 7. M 0 x Z' ?I 6=001img5 7z 6 > TRACT a . X=l m 1�022 5 1 111 Mys Wo, .-KESIMBEMMAL N i s SEv WILIVIDOM- � YM 4W Y 0 SM Y=- lir f —P� 4, z • 1 94.1 NOTE: Aybildftp�16 M r— r— plan tht, ill b,,mdby > X thjd—c,"typpsojwawr Z — C—d- M.W.. Aim% Z ith thkW.Pwfi-iw pl.n > 1; - bi -- 7 d"P may go elmg 1. P�Pw vp, p. tj 1�6. d f-pAt d m --I V) U N.— N OM.." r w= MR , C3 z z CID Or WOODLAND RIDGE ESTATES Wfl-k-- RA 1s 1 5000,015,111 Nt- Mlllh -04-03-IZJ Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 12 -142 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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; and WHEREAS, funds for this project are available in the Iowa City Industrial Campus Project account #4512. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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, not less than 4 and not more than 45 days before the date for filing the bids, 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. Sealed 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 City Hall, before 10:30 a.m. on the 24th day of April, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1" day of May, 2012, or at a special meeting called for that purpose. Passed and approved this ira day of April , 20 i g MAYOR Approved by ATTEST: Aoa ,�,i � • �% CITY CLERK ity Attorney's Office 3 I LL0 12 pweng/res/appp &s420thStICP.doc 3112 Resolution No. 19-142 Page 2_ It was moved by Dobyns and seconded by M; ms the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens x Dobyns x Hayek x Mims Payne x Throgmorton U4-03-1 2 s Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -14'1 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVENUE TO 1sT AVENUE) [STP -U- 3715(637)-70-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and WHEREAS, bids will be accepted on April 17, 2012 at 10:00 a.m. by the IaDOT in Ames, IA; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Lower Muscatine — Kirkwood to First Avenue account #3803. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 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 form and amount prescribed in the bidding proposal. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids by the IaDOT 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 IaDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 17th day of April, 2012. Thereafter the bids will be opened and announced by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1 st day of May, 2012, or at the first meeting held thereafter. Passed and approved this 3rd day of April , 20__L2_. MAYOR Approved by �--A ��4c� e� c%�AAA� ATTEST: CITY CLERK City Attorney's Office Pweng /resAwrmuscrecnstr- approve p &S.doc Resolution No. I? — 1 41 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek Mims X Payne x Throg norton iL}!y 12 :1 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 12 -144 RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDING FOR IOWA CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO- LAB INITIATIVE. WHEREAS, the City of Iowa City has stated Economic Development goals and strategies; and WHEREAS, stated economic development policies include supporting organizations which help to incubate, grow, foster, and create new business operations by providing non - traditional collaborative environments (the CoLab initiative); and WHEREAS, the City of Iowa City has provided financial support to the Iowa City Area Development Group( "ICADG ") to assist in achieving stated Economic Development goals; and WHEREAS, the City of Iowa City provides annual funding to ICADG in the amount of $100,000.; and, WHEREAS, it is in the best interests of the City of Iowa City to provide $50,000 of funding for the Co -Lab initiative in fiscal year 2012 in addition to the $100,000 annual funding to ICADG and such funding is included in the City's budget for fiscal year 2012; and WHEREAS, the City's approved budget for fiscal year 2013 includes an additional $25,000 to support ICADG's CoLab initiative and it is the intent of this City Council that an additional $25,000 be budgeted in fiscal year 2014 to support ICADG's CoLab initiative; and WHEREAS, ICADG agrees to report annually on an agreed upon set of performance measures for its regular activities and for the CoLab initiative; and WHEREAS, funds for these activities are budgeted in the Other Professional Services fund account of 1000 - 457100 - 432080; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1) It is the intent of this City Council that $100,000 be budgeted for professional services from the Iowa City Area Development Group in each budget year through fiscal year 2017. 2) In addition to the $50,000 of funding for the CoLab initiative in fiscal year 2012 and the $25,000 of funding for the CoLab initiative in fiscal year 2013, it is the intention Resolution No. 12 -144 Page 2 of this Council that $25,000 be budgeted for funding of the CoLab initiative in fiscal year 2014. 3) Distribution of $50,000 to ICADG for the CoLab initiative in fiscal year 2012 will be contingent upon the parties entering into a written agreement enumerating the performance measures for ICADG; and 4) Distribution of funds to ICADG for fiscal years 2013 and 2014 shall be contingent upon ICADG's satisfactory completion of such performance measures; and 5) The City Manager is hereby granted the authority to execute such written agreement with ICADG and determine whether ICADG has satisfactorily completed the enumerated performance measures. Passed and approved this 3rd day of April , 20 12 . A�� 4 MAYOR roved b ATTEST:��% CITY CLERK City Attorney's Office Resolution No. Page 3 12 -144 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton s Business Plan for Creating a Knowledge Ecosystem: A physical space in the market to house the ICAD Group Offices and a Coworking Environment for Nontraditional Incubation Executive Summary: The ICAD Group is committed to constantly improving the way in which it assists the economic vitality of the region by supporting interstate commerce. Research has indicated that areas of the country which demonstrate a culture of innovation will be best positioned to thrive in an increasingly competitive global economy. To cultivate this culture, the ICAD Group will work to actively create the spaces and opportunities for a new level of cross disciplinary collaborative engagement. Currently, IQ events are happening throughout the Corridor to begin mixing people and ideas in this new method. The next step is to create the knowledge ecosystem, the physical embodiment of this new culture; a place where innovation lives on a daily basis to benefit companies existing and emerging, while enticing new firms to locate in the region. This inspiring space will be the home for the ICAD staff and coworking professionals and will serve as a catalyst for collaboration, and company creation, attraction and expansion. Iowa City Area Development Group Extrawdrne.Y Qpporlunn' s in unexpecled places. Page 1 Table of Contents I. Rationale ................................................................................................... ............................... 3 II. Space Requirements .............................................................................. ............................... 8 III. Member Services & Programming ..................................................... ............................... 13 IV. Operations ........................................................................................... ............................... 14 V. Cost Projections .................................................................................. ............................... 15 VI. Goals & Measures of Success ............................................................. ............................... 17 VII. Conclusions ........................................................................................... .............................18 VIII. Appendix A: Draft CoLab License Agreement .............................. ............................... 19 Iowa My Area Development Group Extraordinary opportunitwr in Unexpected ptaces. Page 2 I. Rationale Background: Research by the Institute for the Future and The Research Triangle Park (Report SR -1236) "Future Knowledge Ecosystems: The Next Twenty Years of Technology -Led Economic Development" discusses how "regional knowledge ecosystems will emerge as a new strategic frame, providing scale, efficiency and global platforms for economic development" (p.22). This paper, a collaboration between academia and economic developers, provides a framework for how successful regions will embrace the need for connections of people and knowledge to create stability, growth and wealth in the new age of global economics. Successful areas will go beyond traditional approaches to economic development and academic research parks to purposefully develop and offer: "...new kinds of spaces for entrepreneurship and collaborative research.... Rather than warehousing workers, they will meet a need for communal, collaborative meeting space in a world of increased mobility within and between workplaces. They will be neutral places where networks of investors, entrepreneurs, hackers and customers converge for collaborative knowledge creation and trust - building, cementing relationships initiated and cultivated online. Overlaid grids of social software will enhance serendipitous discovery inside these spaces and knit them together in local, regional and global networks of collaborations" (p.28). "The collaborative magic of [these spaces] depends heavily upon the ability of managers to 'produce' and 'direct' the space like a 'show' on a daily basis. This involves coordinating events, both formal and informal, ensuring a steady flow of new people and ideas through the space, and making connections between participants. This is a very different set of skills than the typical research park manager or economic developer today. The shift from managing land use and real estate to managing activity (or both) will require a fundamental shift in perspective" (p.29). In his new book Where Good Ideas Come From: The Natural History of Innovation, Steven Johnson discusses how each great advancement of thought was less a product of unitary inspiration than it was the process of putting "slow hunches" housed in a variety of minds over a period of time together to forma meaningful, whole thought. "For that hunch to blossom into something more substantial, it has to connect with other ideas. The hunch requires an environment where surprising new connections can be forged: the neurons and synapses of the brain itself, and the larger cultural environment that the brain occupies" (p.99). Iowa City Area LMWwManarow Extraordinary oppoannities in unexpealed places. Page 3 Regions operate on different horizons as they transition toward more open innovation strategies... Lowell of Horizon 1 Innorma krate�lc Process ued"q stntgie Action Flans revised kraoep Neu mull* 4horizon 1 kratepc Dokq pruticed krampc Action Phan drafted km Nos Corm NWkIon blished krtrin` Herb" 1 Network mapprq mm Nuruive Mrq Time Ed Morrison: http: / /edmorrison.com/ the - regional- transformation - toward - open -innov Despite the high number of innovative ideas created in our area, we have not realized the full potential of the talents and opportunities they might create in a more open environment. If our area is to advance to higher horizons there is a definitive need to catalyze connections between ideas, people and companies. This creates the scenario in which individual purpose (profit) is enhanced through a common systems approach to information sharing and problem solving. ICAD can create and foster open innovation and drive these connections by creating the civic space and network platforms of value to emerging and existing local companies. The increased effectiveness of these networks will also provide further incentive for outside companies to relocate to this market. At its full potential, this space becomes the epicenter of innovation where people, creative ideas and capital converge to create long term investment, employment and related benefits to the region. These benefits would be measured by a combination of traditional (capital investment /jobs) metrics and novel benchmarks to understand the impact of the organization and the space. Our initial challenge will be to drive the narrative shifting necessary for the area to embrace the need to move to the next horizon where networks can begin to form via this civic space. Iowa City Area r/evelopmelrt Group Extraordinary opportunities in unexpected places. Page 4 Accepting this premise, it would logically follow: the better an area is at facilitating connections of minds, the more potential there is for transformative ideas. If we narrow this focus slightly to the specifics of interstate commerce, we can infer: our area will recognize a stronger economy if we can find better ways for those hunches in our region to bump into each other. By promoting new types of events and creating a physical space for this to transpire, we can build this larger cultural environment Johnson writes of, akin to the coffeehouses of the renaissance which are responsible for much of the writing and art we treasure today. Economic development groups typically assist companies after the complete thought has been formed and market need established. Yet if we are to be proactive in making this area one in which innovation flourishes, we must create the framework environment to encourage and accelerate the serendipity of these connections. Not only will this help us generate new companies, but it will also demonstrate ways to strengthen existing industry and identify and develop cross boundary exploration and partnerships between interstate commerce, the University of Iowa, Kirkwood Community College, K -12 education, out of state and foreign companies and more. While we can create such an environment, we acknowledge that we cannot control or limit the possibilities which will certainly arise. Yet by being positioned as an economic development group in the center of this micro universe, we can help forge "topophilia ", defined as the effective bond between people and place. In this case, we can work to keep talented people, their ideas and their companies linked to the area via their affinity for the support and guidance the region has provided. Furthermore, our hope is that other markets around the state with this same sense of place will want to connect into this mindset. Coworking as a concept is happening globally, with over 300 identified coworking facilities in the U.S. alone. Open spaces where the creative minds of entrepreneurs, freelancers, designers and the like work together in a shared environment designed specifically with their need to produce, interact, share, network and collaborate in mind. In many cases these are stand- alone entities created on purpose by entrepreneurs specifically for coworking. Other times it is a company with extra space looking for a way to engage other creative minds and cover overhead costs. While a few of these spaces are being discovered and embraced by the traditional economic development organizations in their communities, we have yet to identify one space that was created by a local economic development group with the specific purpose of strengthening the interstate commerce of the area. By creating this space and utilizing the power of the existing institution and reputation of the ICAD Group to foster this type of economic development method, we can be the pilot study for ED entities across the state and nation. If this model proves successful in improving our ability to create and retain jobs in the region, other areas can surely replicate its processes to improve the overall economic vitality of Iowa. Iowa City Area Development Group Extraordinary opportunities in unaxpeclod places. Page 5 Value proposition (by user group): ICAD Group: Creating this space and immersing the daily efforts of the ICAD staff in this collaborative environment is the best way for us to live the culture we are trying to create. As this space becomes the epicenter for knowledge sharing across a broad spectrum of minds engaged in attracting revenue to the area through interstate commerce, ICAD will be ideally positioned to connect people and ideas to accelerate serendipity to further advance interstate commerce. Locating in the CoLab allows ICAD to actively mix different and traditionally disparate entities in novel ways such that each can derive sustainable mutual benefit. Operating this space as a showpiece in the region will further define the organization and leading edge amongst its peers, as well as providing broader public recognition of its work to the community at large as to the value ICAD creates in the market. Thus, ICAD will be able to assist more companies and realize increased investment from this heightened exposure. ICAD Investors: Those entities which support the work of ICAD will see an increased return on investment in a variety of ways. Local governments will realize increased revenues as more companies emerge from this space and grow into new and existing commercial properties. Thusly, property owners, developers, construction firms and financial institutions will see direct results as this space, and the greater culture it fosters, leads to more companies needing additional space in the area to support their growth. The indirect benefits from this enhanced economic development will spur increased revenues for a wide variety of area merchants as more minds are retained and attracted to the area to take part in this culture of innovation. Coworkers: This subset of CoLab users runs the gamut: entrepreneurs who need a professional environment to plan and grow; teleworkers from companies around the globe who choose to live in our area yet who have no daily locale from which to operate except their home office or coffee shops; freelancers who also desire a dedicated, affordable space in the market in which they can interact and compete for work; and professionals from a variety of local firms who may seek a more collaborative culture than may be the norm at their place of work. As well, from our research, often times, coworking locations can be the meeting place of ad hoc groups working on side projects and plans that will become the next innovation or company. These professionals may have traditional "day jobs" but the space becomes a place for them to collaborate on an idea in line with their passions. Each of these will benefit from having a place they can be a part of which caters to their needs as professionals and offers the right amenities, climate and exposure to advance their companies and careers. The CoLab can also be the home to traveling professionals who can carry the message back into the world about how connected and vibrant or market is. Existing Local Industry: In addition to benefitting from the programming and events and the knowledge sharing they entail, local companies can become stronger through the existence of this space in several tangible ways: First, having a centralized locale in the region for innovation, companies will find it dramatically easier to create novel partnerships, identify new clients, employees and service providers while also having an ongoing forum for ad hoc problem solving. Secondly, the CoLab becomes the model for how the workplace is changing and the growing way in which company culture contributes to its ability to continue innovating, Cc Iowa C' Area ,2 Develup�t Group Extraordinary opportunities in unexpected places. Page 6 finding and keeping the best talent and staying in front of market changes. Companies can 'borrow' this culture by allowing employees to cowork at the facility, holding offsite planning meetings and retreats, utilizing the production studio, video conferencing capabilities and holding events in the space. Attractiveness for expansion opportunities: While traditional costs (land, buildings, taxes, labor and incentive offsets) will remain the predominant driving factor for most companies conducting site location searches, there is increasing evidence to suggest more firms are also vying for regions which offer connections to University research, transferrable skill sets in the labor force and unique quality of life attributes which enhance their ability to retain and recruit employees. Creating this knowledge ecosystem in the region is a way to convey the value proposition and uniqueness of our market to visiting prospects; a way to differentiate ourselves from the other cities in consideration. Further, this space creates a low risk point of entry in to the U.S. market for many foreign firms. Entities such as the Renewable Energy Network of England have already expressed their desire to help EU companies establish small sales and engineering presences in a space like this in our market as a first step towards the ultimate goal of full manufacturing operations. If we can host and support these firms in the CoLab, we stand a greater chance for attracting capital investment and job creation. Education: One of our regional challenges continues to be alignment between commerce and education. Having one functional hub of this magnitude in our market offers a central entry point for interstate commerce to engage with our educational institutions and vice versa. This will help align education and skills with tomorrow's jobs and work to slow the "Brain Drain" which has plagued the Midwest for nearly a generation. Region as a whole: Overall, having this space in the area, and hopefully similar sites across the region will help connect people into deeper relationships and advance serendipity, the flow of capitilizable ideas which will strengthen our economy over time. This entity can demonstrate collaboration and become a source of community pride to attract the minds, capital and companies we seek for years to come. The way in which people work in our country is changing; this is our way to be proactive to this change, such that we can be competitive in the global economy. State of Iowa: Building a successful model at the local and regional level will provide great insight into replicating this model in other areas of our state. If successful, this strategy will also go to show the importance of blending the various facets of development (existing industry, recruitment, entrepreneurial, workforce, etc.) into an economic system where one segment is tied to the success of the others. Cc Iowa City Area DeMopmmn Group Extraordinary opportunities in unexpected places.. Page 7 H. Space Requirements In October 2010, ICAD conducted an international survey with coworking entities via an active Google Group. This research helped the ICAD Group determine the ways in which other spaces were using space to develop successful coworking entities. Further, ICAD Staff travelled to New York, Chicago, Austin, Omaha, Des Moines and Ames to see coworking in action and talk with the individuals responsible for creating and managing these spaces on a daily basis. Additionally, ICAD met with executives with AIISteel, a division of HON, which has been actively studying the new ways in which people work and offices will function in the coming years. ICAD staff has also been comparing research with the Cedar Rapids Chamber as they have been planning the development of a similar facility. As a result, ICAD staff identified the following as requirements for the future ICAD /CoLab space: The space will need to house the ICAD staff offices (for 6 -7 staff) as a 'space within a space' that offers security and privacy for the confidential work of the organization while also allowing the flexibility and ability for ICAD to live this new open concept and work style as well. No costs associated with this request will be used to cover the costs of the ICAD staff offices, but we believe greater business collaboration will take place if ICAD staff is housed in the coworking facility. • Unlike many coworking sites, the explicit purpose of this space is to foster the growth, development and attraction of interstate commerce for our region's future. Therefore it must appeal to the types of entities we wish to assist through this new approach to economic development and be a centerpiece of productive activity and energy. • Based on research, our area could support in the area of 4,000 sq. /ft. of open coworking space, individual offices and conference rooms. This space will require a variety of work style accommodations (e.g., long tables for individual workspace, soft seating for conversations, areas with tables and chairs for teams). The goal is to accommodate 20 -30 coworkers on a daily basis. • Small, rentable private or semi - private offices would have appeal to a variety of users who wish to parlay the synergy and collaborative properties of the space, yet wish to have some dedicated space they can close off for privacy. ICAD has talked with a number of local and international companies interested in locating operations in an entity such as we are defining. • Conference and meeting rooms of various sizes, some with video conferencing capabilities, are a key part of building this community internally as well as for creating a hub locally for external firms to locate off -site events which can benefit from this vibrant environment. The ICAD Group worked with developers in Iowa City and Coralville to assess potential locations to house this concept, keeping the requirements listed above in mind. Much consideration was Iowa City Area t DftV1opnvmt Gam, Extraordinary opportunities in unexpecmd places_ Page 8 given to where in the region such an entity should be placed. Ultimately the determination was made to focus on downtown to build off the robust traffic and proximity to the University. Finding a suitable space with enough open space has proven to be a challenge which has delayed this project for several months. At present ICAD has arrived at agreeable lease terms to rent the former Henneman Engineering space on the 2nd floor at 111 E. College St. This open floor plan provides nearly a turnkey atmosphere for this venture. The only construction necessary would be to create 5 private offices and subdivide one larger space into 3 smaller huddle rooms. ICAD staff has been working with Neumann Monson Architecture to determine the most effective layout for the space being considered, and jointly with Allsteel to determine the ideal furniture for the space. The intention is to have an open, energized and inspiring space that utilizes Allsteel's most current office furniture products — products that enhance innovation and collaboration. From a zoning standpoint the usage of this space will remain consistent (office to office). The only challenge to the space currently is a lack of ADA compliance grandfathered in by usage. Conversations with the City of Iowa City staff have focused on testing this concept for a minimum of one year to determine viability. If the concept proves successful the building owner would work with the tenants to address the installation of an elevator. On the following page is the draft layout for the space being considered and the features of the space. Additionally, photos of some of the innovative furniture AIISteel will be providing to the space at a significant discount. t. M Iowa City Area Development Gmup Extraordinary opportunities in unexpected places. Page 9 FRONTENTRANCE ( ground level) BACK EXIT 4-5 PRIVATE OFFICES PARTIAL HEIGHT DEMOUNTABLE WALLS STORAGE ® POTENTIAL STORAGE FORMLM? NORTH ICAD /CO -LAB SPACE 111 E. COLLEGE ST. .. � � � \2 \ \� \ � :� / �\ . �� \� �/ JAL Iowa City Area DevelopmeM Group Extraordinary opportus in Unexpected places- Pagc!! 61 L�k CC Iowa City Area 52 Development Group Extraordifixy oppotlunives; in unexpecled places. Page 12 III. Member Services & Programming The new CoLab space will offer a variety of tangible and intangible services to its users: • Professional atmosphere with high -end, innovative, collaborative furniture • Commercial grade IT bandwidth • Easily accessible electrical power • Printing /copying /faxing • Private office spaces • Meeting spaces • Teleconferencing • Videoconferencing • Presentation A/V equipment • Free coffee • 247 access using a secured key fob system • Organized activities (e.g., TED videos, mixers, how -to sessions, coaching) • Connections and relationships There are a number of event platforms which already have national recognition that would fit within the mission of this space and of which ICAD plans to encourage or host. Examples would be: • Jelly's — Coworking events for non - members to experience the culture and space for a day or evening. ICAD has already hosted 9 of these events in the market. • I &nite — These events use a vibrant format to allow individuals the opportunity to present 20 slides for 20 seconds each on a topic of their passion. • BarCamp — Defined in their rules as: No Spectators, Only Participants, Attendees must give a demo, a session, or help with one, or otherwise volunteer/ contribute in some way to support the event. All presentations are scheduled the day they happen. ICAD Group helped to sponsor one of these events August 13, 2011 • Fishbowls — Another type of "Unconference" where the lines between audience and speaker change determined by the seating arrangement. • Startup Weekend — Defined on their webpage as: 54 -hour events where developers, coders, designers, marketers, product managers and startup enthusiasts come together to share ideas, form teams, build products, and create startups. ICAD Group hosted one of these events, in sponsorship with Iowa Economic Development Authority, on September 30 — October 2, 2011 and has plans to host its second Oct 5 -7, 2012. This is but a short list of potential activities which would be produced and encouraged in our market, some of which could take place in the CoLab. It is in the production of such events where the unique possibilities for creating such a purposeful location are realized, not to mention more traditional events such as: Roundtables (manufacturing, simulation / animation, green tech, bio tech, etc.), presentations (variety of business topic based, angel / venture Cc Iowa City Area Development Group Extraordirwry opportunities in unexpected places. Page 13 capital), ICAD Board and committee meetings, Networking lunches, cocktail hours, tweet ups, speed networking and various social events throughout the year. IV. Operations Membership: Membership to the CoLab will work like a month -to -month gym membership. There will be different levels of membership (as listed below) that will determine the type of workspace a member is able to use (e.g., desk space at a table in an open area versus private office). All levels will have access to amenities such as internet, meeting space, kitchen, coffee /tea and collaboration tools (AV equipment, white boards, video and teleconferencing, etc.). Members will pay separately for printing and copying. Individuals will sign a licensing agreement that can be renewed on a monthly basis. See AppendixA for a draft version of the licensing agreement. A separate "code of conduct" document will be attached to the licensing agreement that will outline the rules for behavior in and usage of the space. Membership Type: Price Drop Ins (Bench Seating) $15 10 -Day Punch Card (Bench Seating) $100 Monthly (Bench Seating) $200 Reserved Cubicle Style Space $300 Monthly Private Office with Locked Door (max 3 staff) $400 Potential Initial Members of IQ CoLab Space Based on Recent Interest .�� "N `:. UI Med Device Group X utiiiclenCi tttal.PPf° 6 -8 Hiroku Development X 1 Bochner Confections X 1 Paul Clark X 1 Howard Butler X 1 Active Grade X X 4 Ming /Tweetpull X X 3 -4 Henneman Engineering XX X 3 -4 Dibzees X X 4 Troy Miller X 1 Nick Westergaard X 1 Harrison Wheeler X 1 Tom Altman X 1 Source Media 2 ACT/ PEARSON X ? Cramer Dev X 1 -2 CU Iowa City Area Development Group Extraordinary opportunities in unexpected places.. (part of Investment) (part of investment) Page 14 Staffing: Many coworking facilities have a full -time "coworking manager" or "community manager" who is responsible for checking people in, scheduling conference rooms, giving tours, connecting people, setting the tone for the facility, resolving issues, basic housekeeping, event coordination, etc. This person resides in the space. The [CAD Group is currently discussing the staffing of the facility with coworkers interested in serving in this capacity. ICAD Group staff expects to provide some coverage in the initial few months of start -up. Marketing: The IQ CoLab marketing will be part of a larger IQ marketing initiative and will utilize its sub brand for signage and logo purposes. Ideally there will be more than one CoLab under unified brand name within the broader region all linked to one main web presence along with the IQ events calendar and membership portal. Technology Needs: ICAD has begun discussions with Circle Computing and Keystone IT to learn how best to manage the various data and telecom needs of the space and its users, as well as obtained an objective assessment from the Director of Information Services at the Iowa City Community School District. Significant wireless internet bandwidth, networked printing, video conferencing, and VOIP options will be required. The ICAD Group's IT needs should be addressed in conjunction with the CoLab to minimize interference. Also, for the CoLab spaces in the region to integrate as part of this larger IQ initiative of next level economic development, it will be vital to construct a social networking linkage platform such that individuals in the area can identify and connect based on interest categories and collaboration possibilities. V. Cost Projections On the following page are the cost projections for the space being considered. The projections utilize a fairly conservative revenue assumption model (the only source of revenue being the coworking memberships). Because of the high start -up costs and market lease rates in downtown Iowa City, it does not seem likely that the CoLab will break even on operating revenue alone. Therefore, ICAD Group staff is currently meeting with public and private organizations to solicit sponsorship to cover the start -up costs and projected net losses in the first two years of operation. ICAD Group recognizes that in its role as the organization charged to grow, expand and attract interstate commerce companies that it must continue to support this endeavor long -term if it shows to be an economic development model that grows interstate commerce businesses. As of the submittal of this business plan, our market has received a commitment of financial support from the City of Iowa City, University of Iowa, AIISteel, Neumann Monson Architects, ACT, Pearson, Iowa City Area Development Group and University of Iowa Hospitals and Clinics. These organizations have committed products, services and cash for a total of $419,599. Iowa City Area Development Group Extraordinary opponunities in unexpected places. Page 15 Sources of Funds Startup 1 1 Fiscal 2013 Avg /Mo Fiscal 2014 Iowa City Area Partners: Drop Ins (desk) @ $15 /day $1,710 9 City of Iowa City* $50,000 $25,000 $25,000 University of Iowa & UIHC $60,000 6 $12,000 All Steel Corporation In Kind 10 Monthly (desk) @$200 /month Neumann Monson Architects In Kind $43,200 18 ACT $25,000 Mo. (priv off no wndw) @$400 /mth LSP 5 Total $16,000 ICAD Group Cash ** $15,000 $25,000 $20,000 Pearson $25,000 $7,200 1 4 $18,000 1 5 $21,600 6 TOTAL START -UP FUNDING & NON - OPERATING SUPPORT 1 $175,000 $50,000 1 $50,000 1 10 $3,000 10 $175,000 Operating Revenue - Years 1 -3 Year 1 Avg /Mo Year 2 Avg /Mo Year 3 Avg /Mo Drop Ins (desk) @ $15 /day $1,710 9 $3,450 19 $4,000 22 30 -Day Punch Card (desk) @ $100 /mth $7,200 6 $12,000 10 $12,000 10 Monthly (desk) @$200 /month $26,400 11 $43,200 18 $48,000 20 Mo. (priv off no wndw) @$400 /mth LSP 5 Total $16,000 3 $20,000 4 $20,000 4 Semi private cubicles @ 300 / mnth 6 Total $7,200 1 4 $18,000 1 5 $21,600 6 Mobile Locked File Drawers @$25 /unit $2,475 8 $3,000 1 10 $3,000 10 Total annual operating revenue $60,985 $99,650 $108,600 * Requires City Council Approval * *This does not include significant staff in -kind time and expenses for the development of this project Uses of Funds Start -Up Costs TOTAL VALUE Furnishings - 6 offices /conf rm /co -work $285,000 Equipment (TV, printer /fax /copy, video) $13,000 Signage $5,000 Marketing (printed, advertising, website) $15,000 Services (IT, legal, design) $19,000 Construction $15,000 Project Manager $7,000 Misc/ Unplanned $5,000 Total $364,000 Gross CASH $80,000 Estimated $13,000 $5,000 $15,000 $10,000 $15,000 Estimated $7,000 $5,000 $150,000 3000 +NNN 3000 +NNN Expenses - Years 1 -3 Year 1 Rent $57,698 Operating Fees / utilities $6,000 IT Service (wifi & support) $7,200 Website Hosting /Content Mgmt. $0 Printer /Copier /Fax Lease $9,600 Marketing $3,000 Supplies $7,200 Personnel $15,000 Cobot Software $1,260 Biz Library (subscrptns., bks., etc.) $1,200 Legal Services $3,600 Eve nts /M isc $8,000 TotalAnnual Operating Expenses $119,758 Start Up Year 1 Startup Income / Annual Revenue $175,000 $60,985 Startup Costs / Annual Expenses $150,000 $119,758 Final Cash Position $25,000 $16,227 3000 +NNN VI. Goals & Measures of Success Recognizing that this is the first such venture into developing a co- working facility by an economic development organization focused on interstate commerce business, we thought it important to develop some targeted goals with which to measure our success. Below are the key indicators of success for the CoLab: 1. Number of entities using the CoLab 66 157 a. ICAD Existing clients 10 25 b. ICAD Investors 10 30 c. ICAD Partners 4 g d. CoLab Sponsors 5 5 e. Start -ups 6 20 f. Freelancers /Entrepreneurs 10 35 g. Other 20 50 2. Number of ICAD Group targeted industries represented by CoLab users 3 5 3. Number of companies started due to the CoLab 4 15 4. Number of events held either at or because of the CoLab and culture of innovation concept 6 25 5. Number of companies spun out of CoLab and locating in our region 2 10 6. Square feet of space leased in the area because of company spin outs 5,000 25,000 7. Number of new jobs created due to CoLab (both in CoLab and in company spin outs) 10 70 8. Capital raised by companies utilizing CoLab and those who have spun out $250,000 1 $3.5 million 9. Year end cash position from sources and operations $13,925 $155 Iowa City Area .'. Development Group Extraordinary opportunities in 4inexptcled places. Page 17 VII. Conclusions Without deviating from its core functions, ICAD Group should move beyond traditional approaches to economic development and begin to drive the type of culture necessary to achieve innovation commercialization. By creating a space such as this and building the physical and virtual networks that will allow the sharing of "sticky" knowledge, the area can begin to develop clusters of technology which will lead to new capital investment and job creation. Further, it will aid in the recruitment of new firms eager to join the vibrancy of the region and state, and can assist our existing companies in remaining relevant and prosperous. This collaborative spirit, put into practice, will become the brand identity which the authors of Future Knowledge Ecosystems paper find to be "crucially important in attracting globally mobile talent and earning reputation in new group economies" (p.40). Or more aptly stated by Jacob Lerner, the Jacob H. Schiff Professor of Investment Banking at Harvard Business School states, "entrepreneurial activity does not exist in a vacuum: building an environment where new ventures can thrive is a critical first step." With this concept proposal, the ICAD Group is offering a means to taking this first step. In the past, economic development groups have spoken about the vibrancy of their communities. This would be a way for us to not only enhance the true collaborative energy of the Iowa City Area, but also to provide a showpiece for outside individuals and entities as an attractor to our market. The daily function of the ICAD Group to retain, attract and grow interstate commerce companies will not change, yet the tools and abilities by which this takes place will set us apart from all other regions of the state and Midwest to allow us to better compete on a global scale. If possible to replicate across Iowa, it will give our state a competitive advantage hard to duplicate with financial incentives alone. Iowa City Area Mvelopmei t Group Extraordinary opponuniaies in unexpecaed places. Page 18 VIII. Appendix A: Draft CoLab License Agreement ICAD COLAB PLACE SHARED SPACE LICENSE AGREEMENT THIS SHARED SPACE LICENSE AGREEMENT ( "License Agreement ") is by and between Iowa City Area Development Group, Inc., an Iowa non - profit corporation ("Licensor "), and the undersigned Licensee ("Licensee "), in connection with certain premises located within the Linn Street Place in Iowa City, Iowa (the "Premises "). 1. License Agreement. This License Agreement is comprised of this page and the Terms and Conditions attached hereto as Attachment 1, all of which are incorporated in and made a part of this Agreement. 2. Grant of License. Licensor is the operator of a shared office space located within the Premises. Licensee wishes to make use of Licenser's shared working space in accordance with Licensor's Terms and Conditions for such use. Licensor hereby grants to Licensee a non - exclusive license to use the Premises for permitted shared business office uses in accordance with this Agreement (the "License "). This license shall include the right of entry, passage, and exit to and from the Premises. This Licensee is solely for the personal use of Licensee. Licensee's agreements, warranties, and representations as set forth in this Agreement are a material inducement to Licensor entering into this License Agreement. 3. Initial Term of License. Subject to the Licensor's rights to terminate this License Agreement in accordance with Section 17 of the Terms and Conditions, this License Agreement shall commence on . 20 and shall terminate on , 20. (the "Initial Term "), which Initial Term may be automatically extended on a month to month basis (each a "Renewal Term" and together with the Initial Term, the "Term ") upon timely receipt of payment of the applicable monthly license fee. This License Agreement shall also be applicable to Day Pass patrons for the applicable day(s) but without automatic extension. 4. Term and License Fee. From and after the Effective Date specified below, Licensee shall pay to Licensor, for each day /month during the Term, the "License Fee" selected below. The License Fee shall be due and payable to Licensor in advance and without set off, abatement or demand, on or before the Effective Date and, for the monthly automatic renewal, on the same day of each subsequent month as the Effective Date. Subject to modification as specified in the Terms and Conditions, the License Fee for the initial Term and any renewal terms shall be as specified below: cc Iowa City Area Development Group Extraordinary opportunities in unexpected places. Page 19 Licensed Access Term License Fee Access Term License Fee ❑ Day Pass — provides access for one business day of use $_15 /Day ❑ Reserved Private Office Monthly $_300 /Month Membership — provides access to a dedicated cubicle space in the premises during business hours for an entire calendar month subiect to availability) ❑ 10 Day Pass, provides access for ten $_100_ /10 Day Pass ❑ Private Office Membership $_400_ /Month uses of no longer than one business provides access to a lockable day Private office space in the nremesis during business hours for an entire calendar month subiect to availability) ❑ Full Monthly Membership — provides $_200 /Month ❑ Event Rental Provides access to $ /Event access to the Premises during business the space at the agreed upon rate hours for an entire calendar month for a specified time period for the purposes of hosting an event. cc Iowa City Area Development Group Extraordinary opportunities in unexpected places. Page 19 5. Notices. Unless otherwise specified in the Terms and Conditions, all notices pursuant to this License Agreement shall be in writing mailed, faxed and /or emailed to a party at such party's respective address, fax number or email address set forth below. Dated this day of , 20_ (the "Effective Date ") LICENSOR: LICENSEE: Iowa City Area Development Group, Inc. Signature By: I Printed Name , Title Date: Address for Notices: I Address for Notices: Telephone: Telephone: Fax: Fax: Email: Email: ATTACHMENT 1 TERMS AND CONDITIONS Section 1. Limited Authorization: Licensor is authorized to have non - exclusive access to and use of the Premises only during the time specified for the designated Term. The Licensee agrees that the License creates no tenancy, leasehold estate or any other property interest, only a limited licensed right of non - exclusive use as set out in this License Agreement. Section 2. Shared Work Space. Licensee acknowledges that the License granted herein is non - exclusive and that the Premises are a shared work space. Licensee agrees to keep Licensee's work within the Premises reasonably orderly, and to promptly and properly dispose of waste materials or trash caused by Licensee's use. Licensee acknowledges that there may be inconveniences or distractions from time to time created by other licensees and guests. Licensor shall not be liable for any damages to or theft of Licensee's personal or intellectual property and/or confidential or proprietary information. Licensee shall not tamper with, borrow, or remove property brought by other licensees or guests onto the Premises without the express permission of the owner. Section 3. Guests. Licensee may from time to time during the Term bring guests onto the Premises for purposes connected with Licensee's work. No guest is authorized to use or visit the Premises in the absence of a licensee host. Licensee may bring guests onto the Premises to conduct meetings in the meeting room; provided at no time shall Licensee simultaneously bring more than five (5) guests onto the Premises. All guest visits shall be reasonably limited in time to the work purpose or applicable meeting. Licensee shall be responsible for all of Licensee's guests invited onto the Premises and for ensuring all such guests comply with all Terms and Conditions of this Agreement and all Rules adopted by Licensor for the operation of the Premises. Licensor reserves the right at any time to ask any guest to leave the Premises. Section 4. Payment. Initial Payment is due upon execution of the License Agreement. Renewal Fees are due on or before the automatic renewal date. Licensees may either pay by cash or check. Checks may be mailed to ICAD 325 East Washington Street Suite 101 Iowa City, IA 52240 -3959. A $25 fee may be charged for a check returned for insufficient Iowa City Area Development Group I s xtraordinary opportunities in unexpected places. funds. Licensee may also execute License Agreement and make payment via a specified e- commerce web portal designated by Licensor. Section 5. Invoices. Licensor will endeavor via mail, email or fax to provide invoices for license fees one week prior to the due date for automatic renewals. Invoices shall include the applicable recurring License fee and other charges. Certain one time charges may be invoiced at any time. Section 6. Late Fees. At the discretion of Licensor, any balance outstanding after the due date of an invoice may incur a late fee of 5% of the outstanding balance. Section 7. Automatic Renewal. At the end of the stated Initial Term the License may be automatically renewed on a month to month basis upon receipt of the applicable License Fee and at the sole discretion of Licensor. Licensee shall provide Licensor with at least five days written notice of Licensee's election not to have an automatic renewal. Section 8. Fee Chances. All License Fees and charges for optional services are subject to change upon 30 days notice from Licensor. Section 9. Non - Refundable License Fee. Once paid all license fees shall be non - refundable unless otherwise expressly provided in these Terms and Conditions. Section 10. Janitorial Services. Ordinary janitorial services for the Premises will be provided by Licensor. In the event Licensee's use creates a need for extraordinary janitorial services, Licensee shall reimburse Licensor upon invoice for the reasonable cost of such services. Licensee shall use the premises in a manner that helps to keep it in a generally clean and orderly condition. Section 11. Meeting rooms. This License includes the right, shared with all other licensees, to use the meeting room(s) within the Premises, generally on a first come first served basis, but subject to Licensor's ultimate discretion for meeting room scheduling. Page 20 Section 12. Licensor Services. Licensor shall supply a commercially reasonable level of printing, copying, faxing and internet access equipment and services, and reserves the right to impose reasonable fees for excessive consumption of paper, ink, toner and/or other supplies. Licensee's use of Licensor's intemet service is restricted to email, web browsing and limited uploading/downloading of data that does not overload Licensor's service. Licensor may allocate available services and restrict specific uses among licensees as may be appropriate so that all licensees are provided access to similar levels of services. Licensor may also password protect any provided service, in which event Licensee shall be responsible for password setup on Licensee's devices. Licensor provided services may only be used for lawful purposes. Licensor shall have no liability to Licensee for any interruption or failure in the provided services, and Licensee hereby releases Licensor and its representatives from any and all liability for direct or indirect damages (including, but not limited to lost data and lost profits) arising from any interruption or failure in such equipment and services. Licensor shall endeavor to restore any interrupted service as soon as commercially reasonable. Section 13. Virus Protection. Licensee warrants that it has current software virus protection on any computer equipment that Licensee may use at the Premises. If Licensee's failure to have current software virus protection directly or indirectly causes a network shutdown or support problem at the Premises, Licensor may charge Licensee the reasonable costs of repairing such shutdown or support problem. Licensor shall have no responsibility for any computer viruses or other malware on Licenser's computer equipment or network. Section 14. Incompatible Equipment. If Licensee, with or without permission from Licensor, installs equipment on the Licensor's network that interferes with the proper functioning of Licensor's network, than upon request of Licensor Licensee shall disconnect such equipment and Licensor may charge Licensee the reasonable technical support fees needed to restore the network to its previous working condition. Licensee agrees not to use any equipment in the premises that overloads any electrical panel, circuitry or wiring. Section 15. Default by Licensee. Licensee's failure to pay when due any amount owing to Licensor under this Agreement, and/or Licensee's failure to comply with any other of the Terms or Conditions or any of the Rules shall be deemed a default of this Agreement permitting termination by Licensor under Section 17 below, in which event Licensor may restrict the Licensee from further access to the Premises and discontinue all Licensor Services to Licensee including, but not limited to, all electronic access. Section 16. Modification to Terms and Conditions. These Terms and Conditions are subject to change by Licensor at any time. The then applicable Terms and Conditions shall be posted at the Premises. Licensor shall endeavor to give Licensee reasonable advance written notice of intended changes via posting, email, fax and/or mail, but notwithstanding whether such notice has been given changes to the Terms and Conditions shall become effective upon posting at the Premises. If a Licensee does not accept the revised Terms and Conditions it must give written notice to Licensor promptly after the revised Terms and Conditions become effective, in which case the current Terms and Conditions will remain in effect through Licensee's then current Term. Upon any subsequent renewal of the License Agreement the new Terms and Conditions will become effective. Section 17. Termination by Licensor. Licensor may immediately terminate this License Agreement and Licensee's right of access to the Premises in the event Licensor determines that i) Licensee is in default (as defined in Section 15 above), or ii) Licensee's or a guest's activities in the Premises are incompatible with the normal shared office use of the Premises, are disruptive or disrespectful to other licensees or Licensor's Iowa City Area Oevelopment Group Extraordinary opportunities in unexpected places. representatives, or are illegal or unethical. Licensor may also, without cause, terminate any License Agreement at the end of its then current Term by providing at least five days written notice to the Licensee. Section 18. Conduct of Business Activities. Licensee shall use the Premises only for business related purposes and shall conform to all present and future laws and ordinances affecting the Premises. Licensee shall not cause or permit any hazardous substance to be used, stored, generated, released or disposed of on the Premises. Licensee shall conduct no activities that are unreasonably disruptive of other licensees or guests. Section 19. Access and Security. Any key, access card, or password issued by Licensor shall remain the property of Licensor. Licensee shall not make copies without Licensor's consent. Should Licensee lose or have stolen a key, access card, or password, then upon discovery of such loss Licensee shall immediately inform Licensor and Licensee shall be responsible for the reasonable costs of replacing the security card, key and/or password. Section 20. No Parking. No parking is provided by Licensor in connection with the licensed use of the Premises. Section 21. Risk/Responsibility for Insurance. Licensee's use of the Premises is at Licensee's sole risk. It is Licensee's responsibility to provide, if desired, personal property and general liability insurance covering all risks associated with use of the Premises by Licensee and Licensee's guests. Other than on account of Licensor's intentional wrongful acts, Licensee hereby releases Licensor and its representatives from any and all liability for direct or indirect damages to person or property (including, but not limited to lost data and lost profits) arising directly or indirectly from any loss suffered by Licensor while using the Premises or otherwise under this Agreement. Section 22. Temporary Closure of Premises. Licensor may temporarily close the Premises, for performing necessary repairs and/or maintenance, or for a private event. As may be reasonably feasible under the circumstances, Licensor will provide advance notice of such temporary closures. If the Premises become inaccessible to the Licensee for a period longer than five days within a calendar month by reason other than an emergency repair, Licensee shall be entitled to a pro rata adjustment of the applicable Fee, pro -rated on a per diem basis from the sixth day of such unavailability through the date the Premises are again made available for use by Licensee, to be either paid to Licensee from Licensor or credited against future License Fees, Section 23. Force Maieure. Licensor's obligations under this License Agreement shall be suspended if and so long as the non- performance shall be caused by a strike, lockout, act of God, enemy action, war, national emergency, riot, fire or other similar exigency that is beyond the control of Licensor. In such event, Licensee shall not be entitled to a pro rata reimbursement of License Fees. Section 24. Manaeement and Control of Premises. The Premises shall at all times be subject to the control, operation and management of Licensor (and Licensor's landlord). Licensor reserves the right at any time to relocate, vary and/or adjust the size, nature and type of any of the spaces and improvements within the Premises. Any such change shall not affect the validity of this License Agreement. Section 25. Alterations/Damaee. Licensee shall not paint, decorate, puncture walls or ceiling, change floor coverings, bring in furnishings or in any other way alter the Premises or its furnishings without the prior written approval of Licensor. No additional locks or bolts of any kind shall be placed upon any of the doors, windows or furnishings, nor shall any changes be made to existing locks. Any modifications made by Licensee with Licensor's approval shall, upon termination or expiration of this Agreement, be removed by Licensee at Licensee's expense, and Licensee shall restore any damage to the Premises caused by such removal. Page 21 Section 26. Licensee shall be responsible for the cost of restoring any (c.) damage caused to the Premises by License or Licensee's guests, excluding ordinary wear and tear. Section 27. Indemnity /Costs. Licensee hereby agrees to defend, (d') indemnify, and hold harmless Licensor and its representatives from and against any claims, demands, fines, penalties, actions, orders, judgments, (e.) settlements, costs, expenses (including reasonable attorney's fees and court costs), and other liabilities of any kind resulting from loss of life, personal (f ) injury, property damage or other liability arising, directly or indirectly, from any act or omission of Licensee or its guests on or about the Premises, except to the extent such loss or damage is caused by the willful misconduct of Licensor. Section 28. Rules. For the mutual benefit of all licensees, Licensor has adopted rules ( "Rules ") for the operation of the Premises. Licensee (g•) agrees, as a condition of its use of the Premises under this License Agreement, to abide by all Rules as they may be implemented from time to time by posting at the Premises or other reasonable means of notice. The current Rules are attached hereto as Attachment 2 in which Licensee is referenced as "Member" Section 29. Miscellaneous. (a.) The License Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all previous oral or written representations, understandings or agreements. No modification of the License Agreement shall be binding unless (a) such changes are in writing and signed by both parties, or (b) the Terms and Conditions are changed in accordance with Section 16 above. (b.) The License Agreement shall be construed under the Iowa law. Cz Iowa City Area Development Grasp Extraordinary opportunities in unexpected places. (h.) (i.) Except as otherwise provided herein, the covenants and agreements herein shall bind and inure to the benefit of Licensor, Licensor and their respective successors, assigns and personal representatives. This License Agreement may not be assigned by Licensee without the express written consent of the Licensor. If any provision of the License Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. In the event any demand, action or proceeding is brought by Licensor against Licensee and/or Licensee's guests to enforce this License Agreement, in addition to any other relief to which Licensor may be entitled, Licensee shall be liable for all reasonable costs and expenses incurred by Licensor as a result thereof, including attorneys fees and costs, whether or not a legal action is commenced. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY, FOR ANY CLAIM ASSERTED BY THE OTHER PARTY ARISING FROM THE LICENSE AGREEMENT, NOT EVEN FOR FORSEEABLE LOSS. IN NO EVENT WILL LICENSOR'S LIABILITY TO LICENSEE EXCEED THE LICENSE FEES PAID PURSUANT TO THE LICENSE AGREEMENT DURING THE PRECEEDING TWELVE MONTHS BY LICENSEE TO LICENSOR. The License Agreement may be executed in counterparts, each of which shall constitute an original, fully enforceable counterpart for all purposes. Email, facsimile or photocopy signatures to the License Agreement shall be deemed to be originals and may be relied upon to the same extent as the origina Page 22 Iowa City Area Page 23 Development Group Extraordinary Opportunities to unexpected places_ /3 Publish 315 NOTICE TO BIDDERS COURT HILL TRAIL — PHASE 3 NRT- 3715(649)- -9G -52 PROJECT STATE OF IOWA — Sealed bids will be received by the Iowa Department of Transportation (DOT), Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010 on March 20, 2012 at 10:00 A.M. CDT for various items of construction and maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts until noon on the day previous to the letting. Mailed bids are to be sent to the Office of Contracts at the address above. Iowa DOT personnel will be available at the Office of Contracts the day prior to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa DOT uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two -hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two -hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa DOT. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 423.3 (80). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub - contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.ia.bidx.com • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239 -1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal -Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87 -581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non - resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515- 239 -1414 PROJECT DETAIL BID ORDER NUMBER: 106 COUNTY: JOHNSON PROPOSAL ID: 52- 3715 -649 -A WORK TYPE: PCC SIDEWALK/TRAIL DBE GOAL: 5.0% WORKING DAYS: 55 LATE START DATE: 2012/07/23 GUARANTY: $37,500.00 PROJECTS INCLUDED: NRT- 3715(649)- -9G -52 ROUTE: COURT HILL TRAIL IN THE CITY OF IOWA CITY, BETWEEN SCOTT BLVD AND COURT STREET M4 04-03- 13 Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. 12 -14 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)- -9G -52 PROJECT. WHEREAS, J & L Construction, LLC of Washington, Iowa has submitted the lowest responsible bid of $488,775.50 for construction of the above -named project; and WHEREAS, funds for this project are available in the Scott Park Development and Trail account #4219. 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 J & L Construction, LLC, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 3rd day of April 20 12 MAYOR y Approved by II''-- ,, ATTEST: - %1G2 ALAK P��h. CITY LERK City Attorney's Office 312Ce�12 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobbins X Hayek X Mims _ Payne X Throgmorton pweng /res /awrdcon- courthilph3.doc 3/12 NOTICE TO BIDDERS WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT CITY OF IOWA CITY Iowa City, Iowa Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 p.m. local time on the day of 201h day of March, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of April, 2012, or at special meeting called for that purpose. Bidder is encouraged to attend a pre -bid conference on the 16th day of February, 2012, at 1:00 p.m. local time, at Iowa City South Wastewater Treatment Plant in Iowa City, Iowa, located at 4366 Napoleon Street Southeast. The project is funded, in part, by a Disaster Recovery Grant from the U.S. Department of Commerce, Economic Development Administration, Financial Assistance Award No. 05 -79- 04921. The Project is also funded through a Iowa Department of Economic Development (IDED), Community Development Block Grant (CDBG) as set forth in the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Pub. L. 110 -329). Additional funds are provided by I -JOBS competitive grants and I -JOBS targeted funds. The Project will involve the following: Work comprises general construction of a wastewater treatment plant facility located at the Iowa City South Wastewater Treatment Plant for Iowa City, Iowa. Work includes the following: expansion of equalization basins; replacement of long shaft pumps with close coupled pumps; addition of vortex grit tanks; addition of primary and secondary clarifiers; refurbishment of existing clarifier mechanisms; expansion of existing biological treatment tanks; addition of aeration blowers; replacement of existing chlorination system with a UV disinfection system; addition of a sodium hypochlorite system; addition of a rotary drum thickening unit; modifications to existing digesters; replacement of existing cake storage facility with partially covered facility; replacement of effluent water pumping system; replacement of irrigation water filtration system, site piping an flow splitting structures; miscellaneous HVAC, plumbing and electrical upgrades; instrumentation and control upgrades; addition of a storage warehouse. All work is to be done in strict compliance with the plans and specifications prepared by Stanley Consultants, Inc., of Muscatine, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: April 30th, 2012 Final Completion: February 7th , 2014. Liquidated Damages: Two thousand five hundred dollars ($2,500) for each day that expires after the time specified for Final Completion until the Work is complete. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Stanley Consultants, Inc, Muscatine, Iowa, by bona fide bidders. A refundable deposit of $50.00 for a CD containing a pdf of the Project Manual and a pdf of the Project Drawings or $250.00 for 1 Project Manual and 1 full -size set of Drawings is required for each set of plans and specifications provided to bidders or other interested persons. The deposit shall be in the form of a check, made payable to Stanley Consultants, Inc. A refund will be issued if re- usable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 04 -03 -12 I 1 U ���.. ®dar -T_ N/ OF IOWA C[TY ' ll M E M 0 RA N D U M Date: March 29, 2012 To: Tom Markus, City Manager From: Rick Fosse, Director of Public Works Re: Wastewater Treatment Facilities Consolidation Project Introduction The following bids were received for this project on Tuesday, March 20th, 2012: Bowen Engineering Indianapolis, IN $37,724,000.00 Joseph J. Henderson & Son Inc. Gurnee, IL $43,787,000.00 River City Construction East Peoria, IL $43,788,000.00 Rice Lake Group Construction Deerwood, MN $43,828,600.00 J.H. Findorff & Son Inc. Madison, WI $45,380,000.00 Gridor Construction Buffalo, MN $50,390,000.00 Engineer's Estimate $39,700,000.00 Bowen Engineering has requested to withdraw their bid due to a material and substantial mistake in their bid. The next lowest bid is from Joseph J. Henderson & Son Inc. and is approximately $4.1 M over the engineer's estimate. History /Background This project will expand the South Wastewater Plant to accommodate all wastewater from the flood prone North Wastewater Plant which will be decommissioned. It will also provide capacity for growth and better position us for future EPA wastewater quality requirements. The Capital Program includes $48.1M for the design, construction and inspection of this project. The funding package includes a $22M EDA grant, $5M CDBG grant, $5.5M I -JOBS I & II grants,$13.6M of local option sales tax revenues, and $1.9M from wastewater user fees. The (- JOBS amount is based on the minimum that we expect to receive. The actual I -JOBS grant amount may be as high as $12M, depending on the health of the program. Discussion of Solutions Bowen Engineering, the original low bidder, has successfully demonstrated that they made a material and substantial error in their bid and are entitled to withdraw their bid without forfeiture of their bid bond as provided in the contract documents. Withdrawal of their bid disqualifies them from participating in a re -bid of this project. The next four bids are within 3.6% of each other which suggests that Joseph J. Henderson's bid of $43,787,000.00 is a reasonable and competitive bid based on current market conditions. Staff does not believe that rebidding the project will produce significantly different results. Also, it should be noted that the delay caused by a re -bid will jeopardize some of our outside funding sources due to aggressive schedules specified by the grants. A reference check of Joseph J. Henderson & Son Inc. has been completed; they are a reputable firm with favorable comments from past clients and engineering firms. March 29, 2012 Page 2 Based on these findings and the attached Contractor Bid Evaluation & Award Recommendation from Stanley Consultants, staff believes that the best course of action is to award the contract to Joseph J. Henderson & Son, Inc. of Gurnee, IL. Financial Impact It will likely be necessary to finance the additional cost of this project with Wastewater revenue bonds. The bond amount and source will be evaluated during the second year of the project when the actual I -JOBS grant amount, final project cost and bond obligations can be more accurately estimated. Recommendation Staff recommends awarding the contract to Joseph J. Henderson & Son Inc. of Gurnee, IL. Cc: Kevin O'Malley, Finance Director Ron Knoche, City Engineer Dave Elias, Wastewater Superintendent godo q1W, Stanley Consultants INC. A Stanley Grow Cornpan y Ennineering, Emkorunental and Consuuako Services - worldwide March 27, 2012 Mr. Ben Clark Project Coordinator City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 Dear Ben: Subject: City of Iowa City Wastewater Treatment Consolidation Project Contractor Bid Evaluation and Award Recommendation This letter summarizes the bid evaluation and includes a recommendation of award to J.J. Henderson & Son Inc. in the amount of $43,787,000. Six bids were publicly opened on March 20, 2012 at the City Hall in Iowa City. All bidders acknowledged receipt of Addendums 1, 2, 3, and 4. A seventh bid was received late and was returned unopened to the late bidder. A bid tabulation sheet is attached. The Engineer's estimate of probable construction cost was $393M. We believe the higher bids reflect the compressed construction schedule imposed by the funding constraints. The apparent low bidder was Bowen Engineering Corp. of Indianapolis, IN with a bid of $37, 724, 000. The remaining five bids are: Rank Bidder Amou nt 2nd J.J. Henderson & Son, Inc. $43,787,000 3rd River City Construction $43,788,000 4th Rice Lake Construction $43,828,600 5th J.H. Findorff& Son, Inc. $45,380,000 6th Gridor Construction $50,390,000 The difference in the first two bids was immediately apparent. Bowen Engineering Corp. exercised their right to modify or withdraw their bid as described in article 1.17B. of the Instructions to Bidders, which states: If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. Stanley Building • 225 Iowa Avenue • Muscatine, IA 52761 • phone 563.264.6600 . fax 563.264.6658 www,stanleyconsultants.com Mr. Ben Clark March 27, 2012 Page 2 After review of the bidding documentation provided by Bowen Engineering Corp. it is clear that mistakes were made in the preparation of their bid resulting in their bid being non - responsive in that it did not account for all items of work. The second low bidder, J.J. Henderson & Son, Inc., is a responsible bidder in that they have the expertise and resources to complete the project. Their bid appears to be responsive and they have confirmed verbally that they are comfortable with their bid and have included all scope items. Four of the references they provided with their bid have been contacted; all reported good to excellent results on their respective projects. In particular the Village of Deerfield, IL has a project very similar to Iowa City's in scope and value. It is a $30 M wastewater treatment plant upgrade involving additions and upgrades to an existing plant. The new construction had to be incorporated while the existing plant remained operational, exactly like Iowa City's requirements. Based on our review of the documents provided with the bid, we recommend awarding the lump sum contract for the Wastewater Treatment Facilities Consolidation Project to J.J. Henderson & Son, Inc. in the amount of $43,787,000. Sincerely, Stanley Consultants, Inc. es Lund, P.E. Senior Project Manager jl: mjh: MUS- PWI: DS- I:Docs:IF:22800:04:01:2012032? lowaGity_Recommendation.docx U Q W N 0 z V� �3g ohm o P ZU0 O a m 03 W 0 LL �0 0 J U. F- Z W LUH Q FW- F- N jr R 0 �5 ° L) 8 6 8 8 ti C o N$ N < d m v O r Y u, d c 0 U C cz ° C O LL O N ° aD M t0 p 8 O O O O O S N co ° O O O aJ y Yf Z 0 0 co O v D O . M 04 fO O O O N O S O o O N ,n N V' } r w N H ZI Z Z } >I) U J J O U .O o O O O Q S O O 0 U m o° d ri pp op p vy� y � aD < a V } Z } } } } } �o a a � o U E2 c a 0 r- °, 0 '"h° _ m 0 N N Mp n co �y O N N 0 o y y V� y m V1 N 9 M 9 6, bfM0 9 8 ° a U W m O H m N m Jt m t0 N N W OD O N M aa CT o O �f1 M N ee�� tOO M N O cD y v1 VJ m i- Ol thn E9 }} Y V m C LL E � 0 c a m a m Co m v wZ v r a 0 0 ° m m E vii 3 9 g m o m a t a s v' x 5 L ro w LL o m C, ~ m N Z y ;L m y o z' a d m i5i v `0 c d ° �q m m 2 m a 0 m 0 3 m m °c m m m v m° �' U L° U m m y L° `.° 0' g d o°. Q m o r m c W 0 v n vv x ? m Z N m m d d a (7 Q N E° 6 E O O_ m m Z m a 41 (A VJ 7 aD Oi XV ; E C tl! U W O ffl J tY W R = jr R M-1 Prepared by: Ben Clark, Public Works Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5436 RESOLUTION NO. 12 -146 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. WHEREAS, Joseph J. Henderson & Son, Inc. of Gurnee, Illinois has submitted the lowest responsible bid of $43,787,000.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the South Wastewater Plant Expansion account #3135. 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 Joseph J. Henderson & Son, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, contract compliance program statements, approval of award from the Economic Development Administration, and release of funds from the Iowa Economic Development Authority. 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, contract compliance program statements, and upon satisfaction of the above - stated conditions. 3. The Public Works Director is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 3rd day of April 1 20—_12 __• ATTEST: CI LIE RK MAYOR Approved by City Attorney's Office''la It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _�_ Champion Dickens R Dobyns �- Hayek X Mims X x .Payne X Throgmorton 3/12 Pweng /rests Mconsolidation- awrdcon.doc �r NOTICE TO BIDDERS U.S. Highway 6 and Sycamore Street Intersection Improvements Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 28th day of March, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of April, 2012, or at special meeting called for that purpose. The Project will involve the following: The construction of intersection improvements for U.S. Highway 6 and Sycamore Street. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 5,350 CY of excavation and embankment, 4,154 SY of 9" PCC and 10" PCC roadway pavement, 916 SY of 6" PCC sidewalk pavement, subdrain, storm sewer, 6 storm sewer structures, 910 LF of 12" water main, traffic signalization, 1435 TONS of 4" HMA Overlay, modular block retaining wall structure (heavy), pavement markings, erosion control, seeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to R -1 exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment 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 five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: April 30th 2012 Completion Date: September 14t . 2012 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. The refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within two weeks of the bid opening. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR R -3 r 1 15 �`. ®�r CITY OF IOWA CITY MEMORA .� NDUM DATE: March 26, 2012 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director Z4rAex.. RE: U.S. Highway 6 and Sycamore Street Intersection Improvement Project Introduction: This agenda item recommends delaying the U.S. Highway 6 and Sycamore Street Intersection Improvements project to reduce the impact of concurrent projects on area businesses. History / Background: The scope for this project includes alterations to the intersection of U.S. Highway 6 and Sycamore Street to improve intersection safety by correcting lane alignment issues (north to south) and sight visibility issues (east to west). The intersection signal system and water main will also be replaced. Discussion of Solution: Recent concerns regarding access related impacts for the Sycamore Mall property during the concurrent construction of the Lower Muscatine Road and U.S. Highway 6 and Sycamore Street Intersection Improvement Projects have led staff to re- evaluate the schedule for the U.S. Highway 6 and Sycamore Street improvement project. Staff recommends removing the Highway 6 / Sycamore Street from the current letting schedule and postponement for a future letting date to help reduce the amount of access issues and concern expressed by Sycamore Mall. Financial Impact Statement: The engineer's estimate for the project is $1,778,650 and is included in the Capital Program under fund # 3811 - 434710 (Sycamore Street — Hwy 6 to City Limits). Other funding sources for the project will include $200,000 in USTEP grant from the State of Iowa, Iowa DOT 3R funds, and Water Revenue. Postponing the U.S. Highway 6 and Sycamore Street project will require an extension to the current USTEP grant from the State of Iowa to carry this funding over to the future project letting, however should not jeopardize funding from the USTEP grant. Recommendation: Staff recommends removing the U.S. Highway 6 and Sycamore Street Improvement Project from the current letting schedule and posting to a future date which will be dependent on actual schedule of construction for the Lower Muscatine Road Improvement Project. cc: Ron Knoche Dave Panos A41!5 1 sr Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -147 RESOLUTION RESCINDING RESOLUTION NO. 12 -100 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID PLANS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, plans, specifications, form of contract and estimate of cost for the above -named project were approved for letting and a notice to bidders to fix time and place for receipt of bids was published; and WHEREAS, the City of Iowa City has canceled the bid letting for the U.S. Highway 6 and Sycamore Street Intersection Improvement project; and WHEREAS, in light of such cancellation, the Resolution No. 12 -100 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 12 -100 is hereby rescinded in its entirety Passed and approved this 3rd day of April , 2012. Mayor ATTEST: Az_ Cit�erk Y Approved by: City Attorney's Office x7 flg- Resolution No. 12 -147 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion x Dickens x x Dobyns Hayek x Mims x _ Payne Throgmorton x tL NOTICE TO BIDDERS IOWA RIVER WATER MAIN CROSSINGS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 29th day of March, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of April, 2012, or at special meeting called for that purpose. The Project will involve the following: 1280 feet of 12" HDPE directional bored water main beneath the Iowa River at two locations and 216 feet of additional 12" DIP water main for connection to existing water mains. All work is to be done in strict compliance with the plans and specifications prepared by HR Green, of Johnston, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen AF -1 (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment 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 five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: April 20, 2012 Final Completion Date: September 15, 2012 Liquidated Damages: $1,000 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of HR Green, 5525 Merle Hay Road, Ste. 200, Johnston, Iowa 50131, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. 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 AF -2 amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN A� THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTR TION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. WHEREAS, responsible bid of $_ WHEREAS, funds for account # 3279. NOW, THEREFORE, BE CITY, IOWA, THAT: _. of construction of the a project are available in the W VED BY THE CITY has submitted the lowest led project; and Main Crossings Flood Repairs L OF THE CITY OF IOWA 1. The contract for the co struction of the ab e-named project is hereby awarded to Xove-named ect to the condition that awardee secure adequate performance and payminsurance ertificates, and contract compliance program statements. 2. The Mayor is hereby to ign and the City Clerk to attest the contract for construction of the aboject, subject to the condition that awardee secure adequate performance t bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is au ex ute change orders as they may become necessary in the construction of thmed roject. Passed and approved this of , 20 MAYOR Approved by ATTEST: CITY C It was moved by adopted, and upA roll call there were: AYES: Pweng /res /awrdcon- wtrmaincrossings.doc 3/12 and seconded by NAYS: City Attorney's Office the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton W1 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 12 -148 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. WHEREAS, Vieth Construction Corporation of Cedar Falls, Iowa has submitted the lowest responsible bid of $273,481.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Water Main Crossings Flood Repairs account # 3279. 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 Vieth Construction Corporation, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 3rd day of April , 20 12 ATTEST: MVsi,2 )i - 2 e_ gY 2 CITY CLERK MAYOR A roved b City Attorney's Office It was moved by Dobyns and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X Pweng /res /awrdcon- wtrmaincrossings.doc 4/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims X Payne Throgmorton 17 ^> ®max CITY OF IOWA CITY � w, " ""01 . MEMORANDUM DATE: March 22, 2012 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director ZArA'ZA., RE: Agreement with Shive - Hattery, Inc. to Provide Engineering Consultant Services for the Highway 1 Trail Project — Orchard Street to Sunset Street — April 3, 2012 Introduction: Additional engineering consulting services are needed for the Highway 1 Trail Project — Orchard Street to Sunset Street: specifically legal descriptions and plat exhibits for 19 temporary construction and permanent easements, additional topographic survey (Benton St, Orchard St, and Miller Ave) and design services for replacement of watermain along Miller Avenue and Orchard Street. History/Background: The City has already entered into a consultant agreement with Shive -Hattery to prepare preliminary design and final design services. Easement plats were not included in the original agreement because, at the time, we were not sure that any would be needed. In the course of the design we identified additional areas that we need surveyed for the project that were not listed in the original agreement. Also, during the preliminary design review, the Water Division identified watermain that needs to be replaced before the trail and sidewalks are installed in order to avoid removing and replacing the new sidewalk in the near future. Discussion of Solution: Staff has negotiated an amendment to the consultant agreement that authorizes Shive - Hattery, Inc. to provide the services mentioned above. Financial Impact: The consultant agreement amendment includes the following to the hourly not -to- exceed fee schedule: Easement plats Additional survey Watermain design Total Additional Recommendation: $ 6,200 $ 1,800 8,500 $16,500 (Hourly Not -to- Exceed) Staff recommends authorization of the consultant agreement amendment with Shive - Hattery, Inc., of Iowa City at the April 3, 2012 council meeting. cc: Ron Knoche, City Engineer Josh Slattery, Civil Engineer -2- II. The COMPENSATION FOR SERVICES is hereby amende/asfol ws: The hourly not-to- exceed fee is hereby amended from $to $153,250. The estimated budgets for additional services described above is : Easemprit plats $ 6,200 Additi al survey $ 1,800 Water Main improvements; $ 8,500 III. All other provisions of the September ¢; 2011, Consultant Agreement not specifically amend d herein shall remain in/full force and effect. FOR THE CITY By: Title: Date: ATTEST: pwVorms\consagmt.Trm r i' 111234 -0 FOR THE CONSULTANT By: g,6� P• Tg� Kevin P. Trom, PE Title: Project Manager Date: March 26. 2012 Approved by: 0 Attorney's Office M-Wg Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. 12 -149 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET PROJECT. WHEREAS, the City of Iowa City currently has an agreement with Shive - Hattery, Inc. to provide preliminary and final design for the and Highway 1 Trail Project — Orchard Street to Sunset Street; and WHEREAS, the City desires the additional services of a consulting firm to prepare easement plants, provide additional topographic survey and provide design services for water main improvements for construction of the Highway 1 Trail Project — Orchard Street to Sunset Street Project; and WHEREAS, the City of Iowa City has negotiated an Amendment to the Agreement for said consulting services with Shive - Hattery, Inc. of Iowa City, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Amended Consultant Agreement with Shive - Hattery, Inc. of Iowa City, Iowa; and WHEREAS, funds for this project are available in the Highway 1 Trail Project — Orchard Street to Sunset Street account #4222. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant Agreement Amendment No. 1 attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement Amendment No. 1. Passed and approved this 3rd day of April 20 12 MAYOR Approved by ATTEST: %°- CITY CLERK City Attorneys Office a/169,4--7-- Pweng /masters/designagt -hwyl trailproj.doc Resolution No. Page 2 12 -149 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _ x Hayek x Mims Payne x Throgmorton CONSULTANT AGREEMENT AMENDMENT NO. THIS AMENDMENT to the CONSULTANT AGREEMENT dated September 6, 2011, made and entered into this 3rd day of April , 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive - Hattery, Inc., of Iowa City, hereinafter referred to as the Consultant. WHEREAS, the proposed scope of the improvements to the Highway 1 Trail Project — from Orchard Street to Sunset Street have been increased to pedestrian crossings of Highway 1 at Orchard Street and Miller Street and replacement of watermain along Orchard Street and Miller Street; and WHEREAS, the increased scope of the project is based on neighborhood comment at the pre - design meeting and plan review by City staff; and WHEREAS, additional consulting services for preliminary and final design, including survey, are necessary for the construction of said improvements; and WHEREAS, the September 6, 2011 Consultant Agreement did not include the preparation of right -of -way and easement plats; and WHEREAS, the City now desires the Consultant to perform such platting services, and WHEREAS, funds for this project are available in the Highway 1 Trail Project — Orchard Street to Sunset Street account #4222. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now amend the contract with the Consultant to provide services as set forth herein. The SCOPE OF SERVICES is hereby amended to add the following Consultant shall prepare legal descriptions and plat exhibits for 19 temporary construction and permanent easements. Consultant shall perform topographic survey along the Benton Street right -of -way from Orchard to Riverside, Orchard Street/Hwy 1 intersection and Miller Ave /Hwy 1 intersection. Consultant shall provide design services and construction documents for replacement of watermain along Miller Avenue and Orchard Street. Watermain replacement is approximately 200 -feet on the south end of Miller Avenue and from Douglass Street to Benton Street along Orchard Avenue. Consultant shall prepare and submit an Iowa Department of Natural Resources Water Supply Section Construction Permit Application. 111234 -0 -2- II. The COMPENSATION FOR SERVICES is hereby amended as follows: The hourly not -to- exceed fee is hereby amended from $136,750 to $153,250. The estimated budgets for additional services described above is as follows: Easement plats $ 6,200 Additional survey $ 1,800 Watermain improvements $ 8,500 III. All other provisions of the September 6, 2011, Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY FOR THE CONSULTANT By: %�ti� Matthew J. Hay Title: Mayor Date: April 3. 2012 ATTEST: .�� l� Ci'Ly Clerk pwVorms\consagmt.frm 111234 -0 By: O• Tom`^ -- Kevin P. Trom, PE Title: Project Manager Date: March 26, 2012 Approved by: • - Office � r Date: March 23, 2012 CITY OF IOWA CITY MEMORANDUM To: Tom Markus, City Manager From: Karen Jennings, Human Resources Administrator Re: Approval of collective bargaining agreements and Administrative, Confidential, and Executive Pay plans Introduction: The April 3, 2012 agenda will include resolutions approving collective bargaining agreements between the City of Iowa City and the American Federation of State County and Municipal Employees ( AFSCME), Local 183 and between the City of Iowa City and the Police Labor Relations Organization (PLRO) of Iowa City. There will also be a resolution approving a three year compensation plan for Administrative, Confidential and Executive employees. History /Background: The current AFSCME and PLRO collective bargaining agreements and the Administrative, Confidential, and Executive compensation plan expire June 30, 2012. The City participated in collective bargaining with both AFSCME and PLRO reaching voluntary tentative agreements in December 2011 which were approved by City Council on January 24, 2012. Discussion of Solutions: The AFSCME agreement was settled for a term of five years and includes wage and insurance settlements for the first three years, a contract re- opener for wages and insurance only in the fourth and fifth years, a modification of the contract provision regarding temporary employees to establish a 1300 hour work limitation per fiscal year per hourly employee, and the establishment of a 7 working -day timeframe within which employees being laid off may exercise contractual bumping rights. The PLRO agreement was settled for a term of three years and includes wage and insurance settlements for each year, the incorporation of the current work schedule into the collective bargaining agreement, and the elimination of Step 3 from the current grievance process. The AFSCME and PLRO collective bargaining agreements and the three -year Administrative, Confidential, and Executive compensation plan being presented all include the same wage and insurance package. The wage settlements provide for a split wage increase of 1.35% and 1.5% in FY2013, 1.25% and 1.25% in FY2014, and an across the board increase of 2.2% in FY2015. The PLRO agreement stipulates that instead of being applied across - the - board, the second increase in FY2013 and FY2014 be used to increase step 6 of the pay plan for officers with ten years or greater of service. The insurance settlements for both AFSCME and PLRO include the following changes over a three year period. Because the AFSCME insurance group includes the majority of City employees, non - bargaining staff are included under the same insurance group and receive the insurance benefits negotiated AFSCME. 88,:9, 0 Single Deductible Family Deductible Single Out of Pocket Family Out of Pocket Single Contribution Family Contribution CURRENT $350 $350 $800 $800 $40 S $60 FY2013 $350 $425 $825 $950 $40 $70 FY2014 ° $350 $450 $840 $1100 $40 $75 FY2015 $500 $700 $900 $1450 $40 $80 March 23, 2012 Page 2 Recommendation: Staff recommends that City Council approve the AFSCME and PLRO collective bargaining agreements and the three -year compensation plan for Administrative, Confidential, and Executive employees. M+y 18 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 12 -150 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2012, through June 30, 2015, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The above - referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 3rd day of April , 20__LL_. 449 M YOR Approved by ATTEST: .. ���. =1�.. CITY CtERK wilamm It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Humanrel /res /policecontract CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2012 TO JUNE 30, 2015 TABLE OF CONTENTS ARTICLE PAGE Preamble.................................................................................................. ............................... 1 ArticleI -- Recognition .............................................................................. ............................... 2 Article II -- Management Rights ............................................................... ............................... 2 ArticleIII -- Check Off ............................................................................... ............................... 2 Article IV -- Union Business Agents ......................................................... ............................... 3 ArticleV -- Union Meetings ...................................................................... ............................... 3 ArticleVI -- Bulletin Boards ...................................................................... ............................... 3 ArticleVII — Seniority ................................................................................ ............................... 4 Article VIII -- Daily and Weekly Hours of Work ........................................ ............................... 4 Article IX -- Overtime - Standby ................................................................. ............................... 6 Article X -- Holidays .. ............................... ArticleXI -- Vacations ............................................................................... ............................... 8 ArticleXI I -- Sick Leave ............................................................................ ............................... 8 Article XI I I -- Special Leaves .................................................................... ............................... 9 ArticleXIV -- Lay- Offs ............................................................................... ............................... 11 ArticleXV -- Training ................................................................................ ............................... 12 Article XVI -- Personnel Transactions - Rules ......................................... ............................... 12 Article XVII -- Watch Transfers ................................................................. ............................... 13 Article XVIII -- Insurance .......................................................................... ............................... 13 ArticleXIX -- Equipment ........................................................................... ............................... 14 Article XX -- Weapons and Special Equipment ....................................... ............................... 14 Article XXI -- Adequate Facilities .............................................................. ............................... 15 ArticleXXII -- Uniforms ............................................................................. ............................... 15 Article XXIII -- Duty Outside the City ........................................................ ............................... 15 Article XXIV -- Supplemental Employment .............................................. ............................... 16 Article XXV -- Position Classification ....................................................... ............................... 16 Article XXVI -- Grievance Procedure ....................................................... ............................... 16 Article XXVII -- Effective Period ............................................................... ............................... 19 Article XXVIII — Compensation ................................................................ ............................... 19 Article XXIX -- Public Emergency ............................................................ ............................... 20 Article XXX -- General Conditions ............................................................ ............................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half -time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE 111 CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE Vll SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him /her to report for work following lay -off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE V/ll DAILYAND WEEKLYHOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his /her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Four (4) consecutive days consisting of three (3) eight (8) hour days followed by a ten and one quarter (10 %) hour day on the fourth day (or 5 other day in the rotation as agreed upon by the Union and the Chief) followed by two (2) days off. (2) A repetition of the above schedule. (3) The daily schedule outlined above may be amended by increasing the number of hours per day and /or reducing the number of work days per week upon agreement of the union and the police chief. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1) For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2) For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3) For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his /her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his /her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty -four (24) hours in advance if he /she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across - the -board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. M ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call -in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one -half (1 %) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty -four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his /her desire to perform the overtime service. Occasions involving unexpected /non - scheduled overtime, the on -duty supervisor is only required to consider on -duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chief's determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his /her normal work day, he /she shall receive either: a. A rest period of at least one -half ('h) hour immediately following his /her normal work day, or b. One additional one -half ('/) hour of paid compensation at the overtime rate as the officer and his /her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand -by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand -by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand -by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not 7 a party to the litigation and when such appearances arise from the performance of his /her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his /her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety -six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety -six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He /she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety -six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty -four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty -four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non - continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. M ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0 -5 years 1 5 years and one day -10 years 1.25 10 years and one day -15 years 1.5 15 years and one day -20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty -four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety -two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE X/I SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one -half (Y2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he /she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. D (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother -in -law, father -in -law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off -duty hours. Section 3. Notification. An officer shall notify his /her supervisor or a supervisor on duty on the watch immediately preceding his /hers, as soon as reasonably possible, of any sickness or illness which will cause him /her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE Xl/l SPECIAL LEAVES Section 1. On- the -Job Iniury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on- the -job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non - compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his /her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his /her mother -in -law, father -in -law, grandparents -in -law, aunt or uncle, brother -in -law, sister -in -law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he /she may be granted up to two (2) additional days for travel, if necessary, as determined by his /he supervisor. In -law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his /her accumulated sick leave with the approval of his /her supervisor. Section 3. Leave of Absence Without Pa v. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he /she left and will receive compensation on the same basis as if he /she had continued to work at his /her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he /she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. C. Must use all accumulated vacation and compensatory leaves to which he /she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his /her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re- instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XIV LAY -OFFS Section 1. Lay -offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. 12 Section 2. Officers separated because of lay -off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE" TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150 %) of his /her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his /her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his /her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non - required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his /her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE "I PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his /her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. 13 Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he /she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain coverage will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: forty dollars ($40.00) per month for single coverage and seventy dollars ($70.00) per month for family coverage in FY 2013, forty dollars ($40.00) per month for single coverage and seventy -five dollars ($75.00) per month for family coverage in FY2014, and forty dollars ($40.00) per month for single coverage and eighty dollars ($80.00) per month for family coverage in FY2015. The parties agree to actively pursue incentives and /or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his /her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. 14 ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him /her in said vehicle to the watch commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two -way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker /microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet -proof vest for each officer and will replace them as necessary. 15 ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and /or shoes and /or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the $175 cleaning and /or shoe /boot allowance on the first paycheck in July. Plain clothes officers shall receive one -half of the annual clothing allowance ($350.00) on the first paycheck in July and one -half ($350.00) of the annual clothing allowance on the first paycheck in January. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he /she would have been entitled had said duties been performed within the corporate limits of W Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his /her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms 17 and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his /her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his /her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his /her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he /she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted at Step 2 may be submitted by the grievant or the Union to the City Manager or his/her designee within fifteen (15) days of receipt of the Chiefs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. 18 d Arbitration. A grievance not adjusted at Step 3 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 3 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators (NAA). Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. 19 d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2012, and shall continue through June 30, 2015. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by one and thirty -five hundredths percent (1.35 %) at the beginning of fiscal year 2012 -2013 (effective June 24, 2012). Effective December 23, 2012 a dollar amount equal to a wage increase for all officers of one and one -half percent (1.5 %) will be used to increase Step 6. That total dollar amount will be divided by the number of officers eligible for Step 6 as of January 1, 2012. The quotient shall be added to the Step 6 annual pay plan to increase the Step 6 annual pay plan. The City will then increase the pay of all officers by one and one quarter percent (1.25 %) at the beginning of fiscal year 2013- 2014 (effective July 7, 2013). Effective January 5, 2014 a dollar amount equal to a wage increase for all officers of one and one quarter percent (1.25 %) will be used to increase Step 6. That total dollar amount will be divided by the number of officers eligible for Step 6 as of January 1, 2012. The quotient shall be added to the Step 6 annual pay plan to increase the Step 6 annual pay plan. The City will then increase the pay of all officers by two and two tenths percent (2.2 %) at the beginning of fiscal year 2014 -2015 (effective July 6, 2014). (A copy of the Police Pay Plan is attached as "Attachment K to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty -six months from date of appointment. Step 5. Fifty -four months from date of appointment. Step 6. One Hundred Twenty months from date of appointment* *Effective December 25, 2011 Ott] Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 5 years 10 years 15 years 20 years 25 years This payment will be pro -rated on the terminate before December 1 in any fiscal year will reimburse the City on the same pro- ration. AMOUNT $475.00 $800.00 $950.00 $1100.00 $1350.00 basis of monthly segments for members who Any employee who terminates after December 1 Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K -9 duty on a regular basis shall be paid for one -half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, 10% of their hourly pay for each hour of FTO duty. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLEXXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non - discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. 21 Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre -Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre -tax payment of health insurance co- payments to the extent allowed by Federal and State law. Section 7. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. Section 8. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. CITY OF IOWA CITY - •' `� W ATTEST: City Clerk Date: April 3. 2012 mgr /asst(unions/police /M3 /police contract M 3.doc POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY ti v BY: P ESID T Date: Dq 10q JWU, Q 000 Ln00 It 00 1-00 0000 N00 n00 MOO f�NN 't COCO It C � N 0 0 0 00 00 �- CA 0; N M d' 4 Md1'� CIO C) MLgO co 0) MC(000 N0M NN d' NN'IT N[I- V- O r- T- V" V- N N N � N N co N1: ( c N1: N0 Q69 69 Efl 69 69 69 69 63 69 69 69 69 69 69 63 Z Ul) �t00 It 00 X00 X00 1`00 6s 663 663 >Z LO N N LO N N 0 00 00 0 00 00 LO CO CO N A MM 0C7M 0NN ON N OLnL6 N N co N NM_ MNtmt LO oIt mC\l N N N N ( N ( N vi c c 0a. N M 69 63 69 6fl 69 69 69 69 63 63 6> 69 63 64? 61) d' 1 00 fl- 00 X00 X00 N00 lZ It CO (O d' co CO 00 00 00 00 00 00 't COO '� d t.: ti r- � 00 MM co NMM N0M NN d' NN'IT N[I- V- O r- T- V" V- N 00 N CO N O N1: NI` N1l N1: N0 ul LO LO Z r Ef3 69 69 69 69 69 69 6? 63 63 69 ff3 6s 663 663 O N CL 0a. N M 0000 0000 000 000 Ln00 !Z Od'Ict Od It CM NN MNN 000 Wm ` .2 ui 0 Cfl L6 Cfl Cfl L6 r r L6 T-: r Ln Cfl CO (/) NOOCO N0000 NO N000 NO0) V } 00 NLN NV) NLN NLN NLLO 0 N 663 69 693 69 69- 6f> 63 63 69 663 69 6? 69 69 69 W LL V J 0 CL N ti0o tioo ch00 Moo 0) 00 Q 00 Cfl 0 00 Co co It It s t It LA N N N 000 000 X00 X00 N(0 N co N(0 0 N(D o N m It d0' M V-: M 1-: M M Ici d' d' d' It It 6)- 63 60D- 69 69 6f3 663 693 69 69 663 643 69 63 63 0000 0000 MOO MOO 0000 !Z M v It M d' d CO 't d (0 It It O It It N 000 000 000_ 000_ �c6c6 N co M N M N(0 N(0 N co co 0 0 �- N r- N r- N N M d' It It It It 663 69 63 69 69 63 663 69 63 663 69 63 663 69 69 N N M d' r r r r r LO N N (0 N ICMI SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO -IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the -health insurance coverage• provisions take effect from April. 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to-be fully covered by the health insurance. Extenuating circumstances which would make in- patient surgery medically necessary will be reviewed by Blue Cross /Blue Shield if requested by- the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by .Blue Cross /Blue'Shield, will be paid only at a rate of 50% of charges. b.• Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother-for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge /overpayment is initiated and successfully resolved-by the employee. (Withholding must be made on all payments to. employees.) Maximum payment to employees is $500 (pre - withholding). Documentation of the em- ployee- initiated 'corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross' overcharges resulting from computer error or - similar problems will not be eligible for payment (e.g. received -$100 worth of services, billed•for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. - Employees wishing' to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior. to treat- ment. Y OWA CITY A By t"� By: CITY MANAGER Date: j 1��'' Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY r 1TY OF IOWA C CIVIC CENTER 410 E. WASHINGTON ST. IOWA Cf1Y, IOWA 52240 (319) 356-500D April- 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa'City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are. the insurance plans which were agreed to by the City. and PLRO -IC for our FY86 -87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement., It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Di-sput-es regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. bj3 /9 Michael E. Goldber President, PLRO -IC I 161TIJIM 1 1 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co- payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self- maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea' behind IOWA 500 coverage? To encourage continuing medical self - maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi - private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x -ray services Outpatient • Surgery • Diagnostic, x -ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private -duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO- PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi - private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90 %. • Other Supplies /Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and /or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and /or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90 %/10% Single deductible: $350 (eff. 1/1/13) $500 (eff. 1/1/15) Family deductible: $425 (eff. 1/1/13) $450 (eff. 1/1/14) $700 (eff. 1/1/15) 90 %/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: $825 (eff. 1/1/13) $840 (eff. 1/1/14) $900 (eff. 1/1/15) Family OPM: $950 (eff. 1/1/13) $1100 (eff. 1/1/14) $1450 (eff. 1/1/15) IOWA 500 PAYS 100 % ofKK 3 Covered Services mgr /asstfunions/police /FY13 /police contract FY13.doc Summery of Benefits DELTA DENTAL COVERAGE Doha Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective. dental maintenance. More than WoG of the dentists in Iowa participate in the Deha Dental program. Doha Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a "medical necessity' provision which ensures coverage for dental services provided within generally accepted dental ptactices. Like Blue Cross and Slue Shield of Iowa, the Delta Dental Plan receives claims directly- from participating dentists. And we pay them directly for.you. That eliminates claims- handling chores.for you and your employees — and saves valuable time and money. To provide a program to meet your-company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs:. Preventive Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x -rays -at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x -rays once in any three -year interval urtiess special need is demonstrated. Routine Restorative benefit provides ongoing care including: . • Regular cavity fillings. • Oral surgery (including pre- and postoperative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High -cost fillings. • Cast restorations. • Root canal fillings. • Non - surgical treatment for gum diseases. &W„:A M 2M Delta Dental Plan Of Iowa R M -0111 34I 2M Delta Dental Plan of Iowa RATE QUOTATION PLAN Ii Program Benefits © Preventive Maintenance © Routine Restorative Q Major Restorative O Dental Prosthetics O Periodontics O Orthodontics O'Dependents to age Deductible SinglelFamliy (Annual) $ - $X75 $ " $ $ $ Copsyment - _ 50 % 50 % % O Full -time students O Adults Program Maximums Single $ 500 per year Family $- 50 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ per month These rates guaranteed for-* 12 months beginning on 7 -I -85 if purchased by 7 -1 -85 (date) (datet 'Rates quoted here are based upon census information provided and acquiring and maintaining a min'mum enrollment of W,6 of total eligible employees for the duration of the contract. Authorized Rep n tive Date This is a general des 'ption of coverage. h is not a statement of contract. Actual coverage is subiectt to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. Delta Dental Plan of Iowa - SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the -provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, ho /she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall.otherwise apply prospectively only to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. ' Dated this _day of X g k s 7 1993. City of Iowa City, Iowa By: mgr1a88t1C0Urt.agt Police Labor Relations Organization By: M� 1s :1 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 12 -151 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL -CIO, TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2017. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL -CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2012, through June 30, 2017, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The above - referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 3rd day of April , 20___12 . ATTEST: CI ERK MAYOR A . b ' O e �_ - IZ It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x X X Humanrel /res /afscme contract.do NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims x Payne Throgmorton AGREEMENT BETWEEN CITY OF IOWA CITY Iowa City Public Library IOWA CITY LIBRARY BOARD OF TRUSTEES THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL -CIO GPN F��F� � 0 Q AF C o 2 JULY 1, 2012 TO JUNE 30, 2017 mgrlasst\unions\afscme\afscme fyl3.doc TABLE OF CONTENTS PREAMBLE...................................................................................... ............................... 1 ARTICLE 1 -- RECOGNITION ......................................................... ............................... 2 ARTICLE 2 -- MANAGEMENT RIGHTS ........................................... ............................... 2 ARTICLE 3 -- NO STRIKE - -NO LOCKOUT ..................................... ............................... 3 ARTICLE 4 -- BULLETIN BOARDS .................................................. ............................... 3 ARTICLE 5 -- BUSINESS AGENTS ................................................. ............................... 3 ARTICLE 6 -- DUES CHECK OFF ................................................... ............................... 3 ARTICLE 7 -- HOURS OF WORK ................................................... ............................... 4 ARTICLE8 -- OVERTIME ................................................................ ............................... 6 ARTICLE 9 -- HOLIDAYS ............................................................... ............................... 10 ARTICLE 10 -- VACATIONS .......................................................... ............................... 11 ARTICLE 11 -- SICK LEAVE .......................................................... ............................... 12 ARTICLE 12 -- SPECIAL LEAVES ................................................. ............................... 14 ARTICLE 13 -- SENIORITY ........................................................... ............................... 17 ARTICLE 14 -- DISCIPLINE ........................................................... ............................... 20 ARTICLE 15 -- INSURANCE .......................................................... ............................... 21 ARTICLE 16 -- SAFETY ................................................................. ............................... 22 ARTICLE 17 --PERSONNEL TRANSACTIONS ........................... ............................... 23 ARTICLE 18 -- CLOTHING AND EQUIPMENT ............................ ............................... 24 ARTICLE 19 -- RECOVERY AND REHABILITATION PROGRAM ............................... 24 ARTICLE 20 -- GRIEVANCE PROCEDURE .................................. ............................... 24 ARTICLE 21 -- PAY PLAN ............................................................. ............................... 27 ARTICLE 22 -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT ANDWAIVER ...................................................................... ............................... 28 ARTICLE 23 -- GENERAL CONDITIONS ...................................... ............................... 29 ARTICLE 24 -- DURATION OF AGREEMENT .............................. ............................... 29 ARTICLE 25 -- SAVINGS CLAUSE ................................................ ............................... 29 APPENDICES mgAassflunionsWscme\afscme fyl3.doc AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union ". Throughout this Agreement members of the bargaining unit are referred to as "employees ". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: mgAassHunions\afscme%afscme fyl ldoc ARTICLE 1 RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. mgAassflunions\afscme\afscme fyl ldoc 2 ARTICLE 3 NO STRIKE - -NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE 4 BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Resources Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE 6 BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Human Resources Administrator after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE 6 DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. mgMsstluNonslafscmelafscme fyl3.doc 3 On a monthly basis, and at no cost to the union, the Employer shall provide the Union with a computer disk, which, in a format agreeable to both parties, shows the bargaining unit employee's name, home address, and any other information mutually agreed to. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE 7 HOURS OF WORK Section 1. Definitions. Hourly Employees - Recognizing that Non - Permanent Employees fill needs required for the day - to -day operation of Iowa City, Non - Permanent Employees shall be known as Hourly Employees. Said employees will be able to work up to, but not exceed, 1300 hours in a given fiscal year, and up to 1500 in a given fiscal year if they participate in rotating weekend schedules. Up to ten hours, on an average, per pay period of rotating weekend shifts will not be counted as part of a regular assignment. If any Hourly Employee exceeds these hours in a given fiscal year they will be considered a Permanent Employee and entitled to wages and benefits as provided in the contract. Hourly Employees will not replace, but may supplement the work done by Permanent Employees, or perform tasks not routinely assigned to Permanent Employees. Hourly Employees will not be lead workers nor will they have the same job descriptions as Permanent Employees. Hourly Employees will receive the specified training in the department in which the employee is working. Student interns are not considered Hourly Employees for the purposes of this agreement. Permanent Employees — Permanent employees shall be as follows: (A) Those persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City, or (B) Those persons who were hourly employees who have worked more than 1300 hours in a given fiscal year or who participate in rotating weekend schedules and have worked more than 1500 hours in a given fiscal year. The City shall provide the Union a list of names of all persons employed by the City, regardless of their status as employees, along with hire dates, termination dates (if applicable), and account number except those persons excluded in Article 1, Section 3, of this agreement. Section 2. Regular Work Week. mgMsst %unions\dscmeWscme W 3.doc 4 A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty- four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Day Operations - The regular work week for permanent full - time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full -Time - Continuous Shift Operations - (Work is regularly scheduled 24 houhours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full -time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Part-Time Employees. A. Part-time employees are those persons regularly assigned to less than forty (40) hours of work per week. Benefits shall be prorated for permanent part-time employees in accordance with their regularly assigned hours per week. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually exceed his /her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his /her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a regular part-time employee to regularly work more than his /her assigned hours. B. Hourly Employees. All hourly employees, as defined in Section 1 above, and all other employees of the Employer are not entitled to any benefits or other provisions of this Agreement. C. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provide a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. mgAasstWnions\afscme\afscme fyl3.doc 5 Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full -time bus drivers will be provided a thirty minute lunch break with pay. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean -up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean -up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to accrued holiday, vacation, compensatory time, or personal leave. C. Take leave without pay for the time missed. Section 9. Travel Time - Transit. In addition to hours specified on the run sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE 8 OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exceptions: A) Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. B) Employees who work more than eight (8) hours on a given day due to flex time mutually agreed upon by the employee and their supervisor will receive overtime for the time worked in excess of their scheduled flex hours on that day. e.g., Employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. mgAassflunionslafscme\afscme fylldoc 6 Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full -time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he /she may claim the overtime rate either for the minimal call -in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one -half (1 -1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one -half (1- 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he /she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty -four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. mgAasstWnions\afscme\afscme fyl3.doc 7 B. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division. C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: a. A rest period of one -half hour immediately following the work day, or b. One additional half -hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand -By Time. Employees who are on stand -by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand -by will be compensated as follows: Employee Assigned to Stand -b Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand -by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand -by time. Stand -by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reporting Pay. If an employee reports for work at his /her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his /her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. mgAassAunions\afscme\afscme fylldoc 8 Section 6. Minimum Call -In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call -in takes more than two (2) hours the employee will be compensated for time spent. Minimum call -in will be paid at the overtime rate. An employee who is called in prior to the regular start of his /her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call -in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call - in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he /she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Any City employee required to appear as a witness in Court for work - related matters or at a municipal infraction hearing for work - related matters outside their work schedule will be paid for such appearance pursuant to minimum call -in provisions above. The employer will not alter work schedules solely to avoid this payment. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full -time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his /her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of an initial six (6) minute segment, and an employee must work the entire segment to be credited with one -tenth (1/10) hour for overtime. After the first six (6) minutes, overtime will be recorded and credited on a minute - for - minute basis. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before 10:00 p.m. shall receive an additional twenty -five ($.25) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an additional forty cents ($.40) per hour. mgrlassflunions\afscmelafscme fyl3.doc 9 ARTICLE 9 HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro -rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty -eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty -eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty -eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty - four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty -four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty -four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro -rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one -half (1'h) times for the hours actually worked and shall also receive regular holiday pay. mgr%asst\unions %afscme\afscme fyl3.doc 10 Section 6. Permanent employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive holiday credit equal to one and one -half (1%) times the hours actually worked. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty -four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE 10 VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service Days Per Pay Month 0 -5 years 1 5 years 1 day - 10 years 11/4 10 years 1 day - 15 years 1 1/2 15 years 1 day - 20 years 13/4 more than 20 years 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety -two (192) hours (24 days). If scheduled and approved vacation time is cancelled by the employer, the cancelled vacation hours may be carried over into the next fiscal year to be used as time off within the first ninety (90) days of the fiscal year as long as the use of such time is scheduled and approved within the first thirty (30) days of the fiscal year. If the employer does not allow the use of time carried over under this provision, the cancelled vacation hours will be paid out. Section 2. Use of Vacation. An employee becomes eligible to take vacation after he /she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. mgMsstWnionsleFscmelafscme fylldoc 11 ARTICLE 11 SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one -half of the accumulated sick leave at the time of resignation /retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he /she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty -six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Requirement of such doctor's statement will not be used merely for the purpose of harassment of any employee. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother -in -law, father -in -law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty -eight (48) hours per occurrence provided that the employee's presence and efforts are needed. C. The City may discipline employees for abuse of sick leave. mgMssrWn1onsX9scme\afscme fy13.doc 12 Section 3. Notification. An employee shall notify his /her supervisor as soon as reasonably possible of any sickness or illness which will cause him /her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave, or if no such accruals exist, to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his /her supervisor before leaving the area. Section 4. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the bargaining unit and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case -by -case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. mgMsst\unionsX&scmeWscme fylldoc 13 Section 6. While an employee is receiving sick leave pay from the City, self - employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE 12 SPECIAL LEAVES Section 1. On- the -Job Iniurv. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his /her spouse, domestic partner as recognized by City policy, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step- sister or step- brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his /her mother -in- law, father -in -law, grandparent, aunt or uncle, brother -in -law, sister -in -law, or permanent member of the immediate household. In such cases, he /she shall be granted up to two (2) additional days for travel, if necessary. In -law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his /her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he /she left and will receive compensation on the same basis as if he /she had continued to work at his /her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. mgMsst\unionslafscmelafscme fylldoc 14 In the event an employee fails to return to work at the end of any such leave or extension, he /she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. C. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he /she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and when such court appearance arises from the performance of his /her duties, obligations, or activities as a City employee, and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. mgrlassflunions\afscmeXafscme fyl3.doc 15 Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote at a polling place in the City of Iowa City or the City of Coralville during the work day in any national, state, or local election if it is not reasonably possible for him /her to vote during off hours. Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able, retaining all rights granted by the federal Family Medical Leave Act or other applicable law. Section 9. Union Business Leave. a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any three (3) employees and not more than ten (10) days may be taken by any two (2) employees under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. C. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he /she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. mgMssflunions\afscmelafscme fylldoc 16 d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/lowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. f. The City agrees to place Union supplied Union information in its new employee packets. This information shall not include political material, libelous material, or material which is injurious to the City or to employees. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. C. The work - relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE 13 SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on- the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. mgAasstlunions\afscme\afscme fyl3.doc 17 Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Human Resources Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he /she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he /she may request the reason for his /her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. mgMsstW nions\afscmeWscme fyl3.doc 18 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay -off or who are subject to recall from lay -off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non - promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid -off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid -off employees shall be offered the job first where the City deter- mines the laid -off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid -off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid -off employee may bump the least senior employee in a job outside their classification within their department and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid -off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner /program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full - time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full -time positions unless their total seniority is greater based on a comparison of computation of time actually worked. Employees shall have seven working days (based on a Monday through Friday work week) from receipt of written notice of lay -off to exercise bumping rights. C. Recall from Layoff. The names of permanent employees laid off shall be placed on a re- employment list for the jobs affected in the layoff. Such persons shall be eligible for re- employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he /she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. mgr%ssflunionsWscmelafscme fyl3.doc 19 d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he /she wants to continue in the position to which he /she voluntarily transferred. If during the option period the employee desires to do so, he /she may return to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he /she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his /her pay shall fall within that range and in no event will be less than the equivalent of a one step increase based on their pay prior to the transfer. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE 14 DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. C. Suspension with loss of pay. d. Discharge. mgAasstlunionslafscmelafscme fyl3.doc 20 Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE 15 INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross /Blue Shield "Iowa 500," Alliance, two -day deductible plan for employees and eligible dependents. Full -time employees will contribute to the monthly premium as follows: forty dollars ($40.00) per month for single coverage and seventy dollars ($70.00) per month for family coverage effective July 1, 2012; forty dollars ($40.00) for single coverage and seventy-five dollars ($75.00) per month for family coverage effective July 1, 2013,; forty dollars ($40.00) per month for single coverage and eighty dollars ($80.00) per month for family coverage effective July 1, 2014. Part-time employees will pay a pro -rata share of the monthly premium for single or family coverage. A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in Appendix "B ". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and /or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 20. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500," Alliance. If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B ". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. mgrlasst\unions\afscmelafscme W3.doc 21 Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization, provided there is field capability and required deductions are not negatively affected. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The Employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of the employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long -term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Long Term Disability Insurance. The City will provide long -term disability insurance for permanent full -time bargaining unit employees and for permanent part-time bargaining unit employees who work or are on paid leave time an average of 30 or more hours per week, with sixty percent (60 %) coverage of salary to a maximum of three thousand dollars ($3,000) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after one hundred twenty (120) calendar days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long -term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedures of this agreement. The City will absorb the cost of long -term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10 %). If said premiums do increase by more than ten percent (10 %), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. For the 2004 -2007 collective bargaining agreement, the 10% increase language will only apply to the second and third years. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE 16 SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. mgr%assHunions\afscmeWscme W3.doc 22 Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him /her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him /herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he /she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article 20 Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. Section 6. The employer will provide required protective clothing or protective devices, including up to $125.00 annually for the purchase of safety shoes. Employees required to wear shoes with puncture resistant soles will receive such reimbursement up to $175 annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 7. The employer will provide up to $100.00 during each fiscal year for the purchase of prescription safety glasses, as needed, for those employees who are required to regularly wear safety glasses. The employer may specify the source and type of safety glasses for which reimbursement will be made. Replacement of safety glasses shall be subject to approval by the supervisor. ARTICLE 17 PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his /her personnel file. Section 3. Upon request, written warnings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Upon request, such notation shall be removed from the personnel file following eight months of service without any discipline. Section 5. The employer will not use for disciplinary purposes any discipline document that would have been eligible for removal from the personnel file had the employee made such request. mgrlassAunionslafscmelafscme fy13.doc 23 ARTICLE 18 CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Uniform shirts shall be ANSI approved when obtained, subject to availability from local (within a 65 mile radius of Iowa City) uniform companies at competitive prices. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out -of- doors. (Police Department employees see Appendix G.) Section 2. Commercial Drivers License. The employer will reimburse non - probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE 19 RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and /or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE 20 GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article 9, Section 1, excluding the personal leave day, for purposes of this section. mgMsst\unions\afscme\afscme fy13.doc 24 Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he /she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Human Resources Administrator. In the absence of such certification the City will not be obligated under this Article to release any employee from duty for the purposes of investigating a grievance or representing another employee in any disciplinary or grievance proceeding. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his /her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Notwithstanding any of the above, the Union President shall be released from work without loss of pay for a reasonable amount of time during any work week to work on grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article 20. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his /her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. mgMsstlunionslafscmelafscme fyl3.doc 25 The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his /her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service or the Iowa Public Employment Relations Board to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and .enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5. Labor - Manaaement Committee. The Labor - Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. mgMssflunionslafscme1afscme fyl ldoc 26 C. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor - Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non - working hours of the labor members unless mutually agreed otherwise. The function of the Labor - Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor - Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem - solving and more effective communication and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. ARTICLE 21 PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on June 23, 2012 shall be adjusted upward by one and thirty-five hundredths percent (1.35 %) effective June 24, 2012. The pay plan in effect on December 22, 2012 shall be adjusted upward by one and one -half percent (1.5 %) effective December 23, 2012. The pay plan in effect on July 6, 2013, shall be adjusted upward by one and one - quarter percent (1.25 %) effective July 7, 2013. The pay plan in effect on January 4, 2014 shall be adjusted upward by one and one - quarter percent (1.25 %) effective January 5, 2014. The pay plan in effect on July 5, 2014 shall be adjusted upward by two and two - tenths percent (2.2 %) effective July 6, 2014. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: June 24, 2012 July 6, 2014 July 7, 2013 July 5, 2015 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his /her eligibility date may file a Step 2 grievance. mgMsstNuNonslafscmelafscme fyl3.doc 27 Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (1- 6). Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2 -6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $325.00 10 years 500.00 15 years 650.00 20 years 800.00 25 years 1,050.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre -Tax Advantage Program. The Employer will offer employees a program, consistent with IRS regulations, through which employees may elect to make pre -tax reductions in taxable wages which will be paid to an account from which dependent care and health /dental premiums and expenses not covered by insurance will be paid. Section 7. Time Cards and Time Sheets. For all City employees, the City shall provide the employee an opportunity to review their time card and time sheet at the same time. ARTICLE 22 AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. mgMssflunions\afscmelafscme fylldoc 28 ARTICLE 23 GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor - Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job - related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. Section 5. Pay - period. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing a pay - schedule other than bi- weekly. ARTICLE 24 DURATION OF AGREEMENT This agreement shall be in effect between July 1, 2012, and June 30, 2017 to include a reopener for Fiscal Year 2016 and Fiscal Year 2017 wages and insurance only. Furthermore, this contract shall continue from year to year subsequent to June 30, 2017, unless written notice to change or modify it is mailed or hand - delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE 25 SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. mgAasst\uNons\afscmelafscme fy13.doc 29 THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL BA EMPLOYEE CA L #1 I By: P ESIDENT 8L. TEAM MEMBERS By: Joa�� SCME /Iowa ouncil61 CITY OF IOWA CITY, IOWA By: _ 6Lnm . MAYOR ATTEST: j" 4 "') CITY CLERK LIBRARY BOARD OF IOWA CITY, IOWA M By mgMsst\unionslafscmelafscme fyl3.doc 30 AFSCME JOB TITLE LIST FY13 (JUNE 24, 2012) APPENDIX A - Page 1 Pavarade: Job Title Paygrade: Job Title 1 Custodian - Government Buildings MW I - Recreation MW I - Senior Center Custodian - Transit Custodian - Library Receptionist - Senior Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assistant - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Government Buildings 4 Account Clerk - Accounting Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Senior Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst Parking Clerk PCD Clerk 5 MW II - Parks MW II- Transportation Services MW II - Recreation MW II - Transit MW II - CBD MW II - Forestry MW II - Library MW 11 - Government Buildings 6 Buyer I - Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Senior Police Records Clerk CSO - Station Master 7 Library Assistant II MW II - Refuse MW II - Wastewater Treatment Parts /Data Entry Clerk - Transit Production Assistant - Cable TV Program Assistant - Community Development Operations Assistant - Senior Center Senior Clerk/Typist - Streets Senior Clerk/Typist - Wastewater Housing Assistant MWII - Water Distribution Customer Service Representative - Transit Animal Services Officer Community Service Officer - Evidence MW II - Signs MW II - Water Service Customer Service Representative - Revenue Customer Service Representative - Parking 8 Engineering Technician Laboratory Technician - Wastewater Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Senior Accounts Payable Clerk Special Projects Assistant - Cable TV Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equipment Laboratory Technician - Water AFSCME JOB TITLE LIST FY13 (JUNE 24, 2012) APPENDIX A - Page 2 Paygrade:, Job Title Paygrade: Job Title 9 Buyer 11 Mechanic I - Equipment Office Coordinator - Recreation Senior Engineering Technician Senior Library Assistant Housing Program Assistant MW III - Senior Center Communications Technician - Cable TV Landfill Operator Government Programmer - Cable TV 10 Housing Inspector Housing Office Manager Maintenance Operator - Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Housing Rehabilitation Specialist MW III - Streets MW III - Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MWIII - Lead Sweeper Operator Electrician - TE MW III - Water Distribution Electrician - WW Library Public Relations Specialist 12 Construction Inspector II Electronics Technician - Wastewater Librarian I Senior MW - CBD Senior MW - Forestry Senior MW - Parks Senior MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Senior MW - Landfill Public Information /Education Coord - PW Recycling Coordinator Utilities Technician - Engineering Housing /Devel Reg Inspector Environmental Coordinator - Landfill 13 Chemist Development Regulation Specialist Electronics Technician - Traffic Eng FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Senior Accountant - Accounting Senior Accountant - Revenue Survey Party Chief Mechanic III - Transit Internal Auditor Grant Accountant 14 Program Specialist - Senior Center Recreation Program Supervisor Senior Construction Inspector Senior MW - Streets Senior MW - Wastewater Plant Senior MW - Water Dist Senior TPO - Wastewater Volunteer Spec - Sr Center Senior TPO - Water Network Database Specialist - Library Senior MW - Water Plant Customer Service Coord Senior MW - Parking & Transit Senior MW - Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Senior Librarian IOWA 500 IOWA 500 HEALTH CARE COVERAGE Appendix B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co- payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self- maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self- maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi - private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x -ray services Outpatient • Surgery • Diagnostic, x -ray and laboratory services • Accident care HOME HEALTH CARE 90110 • Services provided by a Registered Nurse • Services prescribed by a physician mgAassflunionslafscmelafscme fyl3.doc PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private -duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO- PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi - private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90 %. • Other Supplies /Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and /or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and /or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. mgr\ asst \unions\afscme \afscme fyl Moc CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90 %/10% Single deductible: $350 (eff. 1/1/13) $500 (eff. 1/1/15) Family deductible: $425 (eff. 1/1/13) $450 (eff. 1/1/14) $700 (eff. 1/1/15) 90%/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: $825 (eff. 1/1/13) $840 (eff. 1/1/14) $900 (eff. 1/1/15) Family OPM: $950 (eff. 1/1/13) $1100 (eff. 1/1/14) $1450 (eff. 1/1/15) IOWA 500 PAYS 100% of . Covered Services n mgr\assl \unions\afscme \afscme fyl Moc ALLIANCE Program Provisions 1) The ALLIANCErprogram consists of seven program components. They are: Pm'Admission Certification Blue Cross and Blue Shield must be notified prior to any Wiled nursing WIC mental hheeallth institution, or use of . home health care or hospice program services. Admission Review Blue Cross and Blue Shield must be notified of all emergency and maternity admissions within 24 hours Continued Stay Review All hospital stays will be reviewed to ensure that continued hospitalization. home cam hospice or other services are medically necessary to meet the patient's ongoing health care needs. Individual Case Management Focus is placed on special needs of patients with severe illnesses or injuries. Arrangement may be made to waive standard coverage limitations or exclusions that might otherwise hinder alternative care arrangements outside the hospital. Mandatory Outpatient Surgery Certain surgeries and procedures can be'safely performed on an outpatient basis without sacrificing the quality of care. This requirement will be waived if inpatient admission is medically necessary. Additional Home Health Care and Hospice Benefits Coverage is provided for services not usually offered in traditional coverage. Additional home health benefits provide expanded coverage for: • Skilled nursing services • Physical therapy • Speech therapy • Occupational therapy • Medical social services come health aide services Enteral and parenteral nutrition • Prescription drugs and medicines administered intravenously or intramuscularly • Medical supplies B -2a Hospice care has been added to include respite care. a means by which services can be provided to relieve an individual caring for a terminally ill patient at home. Also included under hospice care are continuous home care and general inpatient care services. Hospital Bill Audits Experienced Blue Cross and Blue Shield auditors will review a random sample of bills over S 10,000. This ensures that the charges are appropriate and represent services actually 2) What-happens .if you fail to - obtain prior approval for a non - emergency or planned admission? • Always obtain Pre - admission certification priorto any non - emergency or planned inpatient admissions. Failure to do so will result in a substantial penalty, perhaps as much as 50 Percent. Cheru tich any applicable deductible and coir wince amounts will be applied to the remaining balance Remember, it is your responsibility to make sure the call is placed. Remember that it is not necessary to contact Blue Cross .and Blue Shield unless you are admitted as an inpatient to a health care facility or to receive home health or hospice services. For example, If you obtain care on an outpatient basis Cie., visit the doctor's office or go to a hospital emergency room or clinic), and you are not admitted for Inpatient treatment. you need not contact us. • Always notify Blue Cross and Blue Shield of all emergency and maternity admissions within 24 hours If you fail to do so. you will be responsible for the room-and-board charges for any days it is determined your condition did not require inpatient hospitalization. 3) To appeal a possible reduction of benefits: •. You or your physician may ask for a reconsideration of the decision. All requests should be made in writing and submitted by either you or your physician. • You must appeal a benefit reduction within six months of receipt of notice for failure to notify Blue Cross and Blue Shield of an emergency or maternity admission within 24 hours. ALUANCE...working with you, for you! Summary of Benefits DELTA DENTAL COVERAGE Doha Dental Plan of Iowa w"Mpe not only providei a variety of benefits but alto erxourapes timely and eliecM dental maintenance. More than Oft of the dentists in Iowa particlpate in the Doha Dental program. Doha Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment pros;. %u Delta Dental includes a'rnedical neoess provision which ensures coverage for dental services e a ly accepted dental practices. provided within generally .like Blue Cross and Blue Shield of receives claims di �, the Delta Dental Plan directly from Participating dentists. And we pay them directly for you. That eliminates dairns•handling chores for you and Your employees — and saves valuable time and moneK To provide a program to meet your�companyt needs, Doha Dental Plan benefits are available with deductibles, oopeyments and maxi- mum payment allowances for covered services, These benefits are Combined io meet your needs: rrwendw Mainanana bsnefa includes: • Routine dWWWps at six -month intervals including bitewing x -rays at 12-month intervals, • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (Including pre- and post - operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High -cost fillings. • Cast restorations. • Root canal fillings. • Non - surgical treatment for gum diseases. B -3 Dena Dental Plan u o, t:�► �+s� of twee Doha Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefit Preventive Maintenance ® Routine Restorative B Major Restorative O Dental Prosthetics O Periodontics O Orthodontics O Dependents to age O Full time students _O Adults Program Maximums Single S ySQQ� per year (Annual) S 25/75 . s M s S Family $ —.I per member, per . year Lifetime benefit maximum on Orthodontics s Program Rates* Single S per month Family s _ _ per month 'B-4 . Copaytnent _ so x So _% -- x These rates guaranteed for 12 months beginning on 7 -1 -8_ if Purchased by' 7-1-85 idea, 'Rates quoted here are based upon census information provided and acquiring and maintaining a Ira wrn enroll mnt e of "1 total el 6 of eligible em t1 g p oYees for the duration of the eontracL r Date tw Audxwked- This is a general iption of coverage, h is not a star Coverage is s*ea to the terms and conditions ant of contract. Aaua1 and snrotlrtrrnt ragufations in force when the t contract raet itself Contract becomes effective. Delta Dental Pion - t - -- -- City of Iowa City Dental Benefit Plan 7/1/02 through 6/30103 Individual Annual Maximum $1,000 Orthodontic Lifetime Maximum NA Deductible Single $25 Family $75 Diagnostic & Preventive 100% Deductible Waived Routine and Restorative 80% Deductible Applies Perodontics 80% Deductible Applies Surgical Periodontics - Not Covered 50% Endontics Deductible Applies Cast Restorations 50% Deductible Applies F B -4 (FY03) u � � ff Q V ff 1P-R 2 200 H_ AN RESOURCES /p FASONNEL 3/26/01 AFSCME PAYPLAN FY13 (June 24, 2012) APPENDIX C -1 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Govt Bldgs $15.02 $16.84 $17.36 $17.99 $18.55 $19.18 MW I - Recreation $1,201.60 $1,347.20 $1,388.80 $1,439.20 $1,484.00 $1,534.40 MW I - Sr Center $31,241.60 $35,027.20 $36,108.80 $37,419.20 $38,584.00 $39,894.40 Custodian - Transit Custodian - Library Receptionist - Sr Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assist - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Govt Bldgs 4 Account Clerk - Acctng Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Sr Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst PCD Clerk $15.48 $17.36 $17.99 $18.55 $19.18 $19.84 $1,238.40 $1,388.80 $1,439.20 $1,484.00 $1,534.40 $1,587.20 $32,198.40 $36,108.80 $37,419.20 $38,584.00 $39,894.40 $41,267.20 $15.99 $17.99 $18.55 $19.18 $19.84 $20.52 $1,279.20 $1,439.20 $1,484.00 $1,534.40 $1,587.20 $1,641.60 $33,259.20 $37,419.20 $38,584.00 $39,894.40 $41,267.20 $42,681.60 $16.56 $18.55 $19.18 $19.84 $20.52 $21.30 $1,324.80 $1,484.00 $1,534.40 $1,587.20 $1,641.60 $1,704.00 $34,444.80 $38,584.00 $39,894.40 $41,267.20 $42,681.60 $44,304.00 AFSCME PAYPLAN FY13 (June 24, 2012) APPENDIX C -1 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II - Parks MW II - Transportation Serv. MW II - Recreation MW II - Transit MW II - CBD MW II - Forestry MW II - Library MW II - Govt Bldg Buyer I - Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Sr Police Records Clerk CSO - Station Master Library Assistant II MW II - Refuse MW II - Wastewater Treatment Parts /Data Entry Clk - Transit Production Assistant - Cable TV Program Assistant - Comm Dev Operations Asst - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Sery Rep - Transit Animal Services Officer CSO - Evidence MW II - Signs MW II - Water Service Customer Sery Rep - Revenue Customer Sery Rep - Parking Engineering Technician Laboratory Technician - WW Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Sr Accounts Payable Clerk Special Projects Asst - Cable Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equip Laboratory Technician - Water $17.16 $19.16 $19.73 $20.37 $21.13 $21.80 $1,372.80 $1,532.80 $1,578.40 $1,629.60 $1,690.40 $1,744.00 $35,692.80 $39,852.80 $41,038.40 $42,369.60 $43,950.40 $45,344.00 $17.71 $19.84 $20.52 $21.30 $22.03 $22.80 $1,416.80 $1,587.20 $1,641.60 $1,704.00 $1,762.40 $1,824.00 $36,836.80 $41,267.20 $42,681.60 $44,304.00 $45,822.40 $47,424.00 $18.33 $20.52 $21.30 $22.03 $22.80 $23.62 $1,466.40 $1,641.60 $1,704.00 $1,762.40 $1,824.00 $1,889.60 $38,126.40 $42,681.60 $44,304.00 $45,822.40 $47,424.00 $49,129.60 $18.92 $21.30 $22.03 $22.80 $23.62 $24.49 $1,513.60 $1,704.00 $1,762.40 $1,824.00 $1,889.60 $1,959.20 $39,353.60 $44,304.00 $45,822.40 $47,424.00 $49,129.60 $50,939.20 AFSCME PAYPLAN FY13 (June 24, 2012) APPENDIX C -1 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Buyer II Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable Landfill Operator Government Programmer - Cable 10 Housing Inspector Housing Office Manager Maint Operator - Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Housing Rehab Specialist MW III - Streets MW III - Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MWIII - Lead Sweeper Oper Electrician - TE MW III - Water Dist Electrician - WW Library Public Relations Specialist 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Sr MW - Landfill Public Info /Ed Coord - PW Recycling Coordinator Utilities Tech - Engineering Housing /Devel Reg Inspector Environmental Coord. - Landfill $19.50 $21.80 $22.55 $23.35 $24.17 $25.03 $1,560.00 $1,744.00 $1,804.00 $1,868.00 $1,933.60 $2,002.40 $40,560.00 $45,344.00 $46,904.00 $48,568.00 $50,273.60 $52,062.40 $20.06 $22.45 $23.19 $23.95 $24.81 $25.65 $1,604.80 $1,796.00 $1,855.20 $1,916.00 $1,984.80 $2,052.00 $41,724.80 $46,696.00 $48,235.20 $49,816.00 $51,604.80 $53,352.00 $21.38 $23.62 $24.49 $25.49 $26.37 $27.36 $1,710.40 $1,889.60 $1,959.20 $2,039.20 $2,109.60 $2,188.80 $44,470.40 $49,129.60 $50,939.20 $53,019.20 $54,849.60 $56,908.80 $22.39 $24.47 $25.30 $26.24 $27.19 $28.07 $1,791.20 $1,957.60 $2,024.00 $2,099.20 $2,175.20 $2,245.60 $46,571.20 $50,897.60 $52,624.00 $54,579.20 $56,555.20 $58,385.60 AFSCME PAYPLAN FY13 (June 24, 2012) APPENDIX C - 1 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $23.11 $25.49 $26.37 $27.36 $28.42 $29.47 Development Reg Specialist $1,848.80 $2,039.20 $2,109.60 $2,188.80 $2,273.60 $2,357.60 Elec Tech - Traffic Eng $48,068.80 $53,019.20 $54,849.60 $56,908.80 $59,113.60 $61,297.60 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Revenue Survey Party Chief Mechanic III -Transit Internal Auditor Grant Accountant 14 Program Spec - Sr Center $23.97 $26.37 $27.36 $28.42 $29.47 $30.41 Rec Program Supervisor $1,917.60 $2,109.60 $2,188.80 $2,273.60 $2,357.60 $2,432.80 Sr Construction Inspector $49,857.60 $54,849.60 $56,908.80 $59,113.60 $61,297.60 $63,252.80 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist - Library Sr MW - Water Plant Customer Service Coord Sr MW - Parking & Transit Sr MW - Wastewater Coll 15 Associate Planner $25.03 $27.39 $28.45 $29.52 $30.46 $31.51 Civil Engineer $2,002.40 $2,191.20 $2,276.00 $2,361.60 $2,436.80 $2,520.80 Human Rights Investigator $52,062.40 $56,971.20 $59,176.00 $61,401.60 $63,356.80 $65,540.80 Sr Librarian AFSCME PAYPLAN FY13 (December 23, 2012) APPENDIX C - 2 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Govt Bldgs $15.25 $17.09 $17.62 $18.26 $18.83 $19.47 MW I - Recreation $1,220.00 $1,367.20 $1,409.60 $1,460.80 $1,506.40 $1,557.60 MW I - Sr Center $31,720.00 $35,547.20 $36,649.60 $37,980.80 $39,166.40 $40,497.60 Custodian - Transit Custodian - Library Receptionist - Sr Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assist - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Govt Bldgs 4 Account Clerk - Acctng Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Sr Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst PCD Clerk $15.71 $17.62 $18.26 $18.83 $19.47 $20.14 $1,256.80 $1,409.60 $1,460.80 $1,506.40 $1,557.60 $1,611.20 $32,676.80 $36,649.60 $37,980.80 $39,166.40 $40,497.60 $41,891.20 $16.23 $18.26 $18.83 $19.47 $20.14 $20.83 $1,298.40 $1,460.80 $1,506.40 $1,557.60 $1,611.20 $1,666.40 $33,758.40 $37,980.80 $39,166.40 $40,497.60 $41,891.20 $43,326.40 $16.81 $18.83 $19.47 $20.14 $20.83 $21.62 $1,344.80 $1,506.40 $1,557.60 $1,611.20 $1,666.40 $1,729.60 $34,964.80 $39,166.40 $40,497.60 $41,891.20 $43,326.40 $44,969.60 AFSCME PAYPLAN FY13 (December 23, 2012) APPENDIX C - 2 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II - Parks MW II - Transportation Sery MW II - Recreation MW II - Transit MW II - CBD MW II - Forestry MW 11- Library MW II - Govt Bldg Buyer I - Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Sr Police Records Clerk CSO - Station Master Library Assistant II MW 11 - Refuse MW II - Wastewater Treatment Parts /Data Entry Clk - Transit Production Assistant - Cable TV Program Assistant - Comm Dev Operations Asst - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Sery Rep - Transit Animal Services Officer CSO - Evidence MW II - Signs MW II - Water Service Customer Sery Rep - Revenue Customer Sery Rep - Parking Engineering Technician Laboratory Technician - WW Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Sr Accounts Payable Clerk Special Projects Asst - Cable Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equip Laboratory Technician - Water $17.42 $19.45 $20.03 $20.68 $21.45 $22.13 $1,393.60 $1,556.00 $1,602.40 $1,654.40 $1,716.00 $1,770.40 $36,233.60 $40,456.00 $41,662.40 $43,014.40 $44,616.00 $46,030.40 $17.98 $20.14 $20.83 $21.62 $22.36 $23.14 $1,438.40 $1,611.20 $1,666.40 $1,729.60 $1,788.80 $1,851.20 $37,398.40 $41,891.20 $43,326.40 $44,969.60 $46,508.80 $48,131.20 $18.60 $20.83 $21.62 $22.36 $23.14 $23.97 $1,488.00 $1,666.40 $1,729.60 $1,788.80 $1,851.20 $1,917.60 $38,688.00 $43,326.40 $44,969.60 $46,508.80 $48,131.20 $49,857.60 $19.20 $21.62 $22.36 $23.14 $23.97 $24.86 $1,536.00 $1,729.60 $1,788.80 $1,851.20 $1,917.60 $1,988.80 $39,936.00 $44,969.60 $46,508.80 $48,131.20 $49,857.60 $51,708.80 AFSCME PAYPLAN FYI (December 23, 2012) APPENDIX C - 2 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Buyer II Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable Landfill Operator Government Programmer - Cable 10 Housing Inspector Housing Office Manager Maint Operator -Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Housing Rehab Specialist MW III - Streets MW III - Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MWIII - Lead Sweeper Oper Electrician - TE MW III - Water Dist Electrician - WW Library Public Relations Specialist 12 Construction Inspector 11 Electronics Tech - Wastewater Librarian I Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Sr MW - Landfill Public Info /Ed Coord - PW Recycling Coordinator Utilities Tech - Engineering Housing /Devel Reg Inspector Environmental Coord. - Landfill $19.79 $22.13 $22.89 $23.70 $24.53 $25.41 $1,583.20 $1,770.40 $1,831.20 $1,896.00 $1,962.40 $2,032.80 $41,163.20 $46,030.40 $47,611.20 $49,296.00 $51,022.40 $52,852.80 $20.36 $22.79 $23.54 $24.31 $25.18 $26.03 $1,628.80 $1,823.20 $1,883.20 $1,944.80 $2,014.40 $2,082.40 $42,348.80 $47,403.20 $48,963.20 $50,564.80 $52,374.40 $54,142.40 $21.70 $23.97 $24.86 $25.87 $26.77 $27.77 $1,736.00 $1,917.60 $1,988.80 $2,069.60 $2,141.60 $2,221.60 $45,136.00 $49,857.60 $51,708.80 $53,809.60 $55,681.60 $57,761.60 $22.73 $24.84 $25.68 $26.63 $27.60 $28.49 $1,818.40 $1,987.20 $2,054.40 $2,130.40 $2,208.00 $2,279.20 $47,278.40 $51,667.20 $53,414.40 $55,390.40 $57,408.00 $59,259.20 APPENDIX C - 2 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $23.46 $25.87 $26.77 $27.77 $28.85 $29.91 Development Reg Specialist $1,876.80 $2,069.60 $2,141.60 $2,221.60 $2,308.00 $2,392.80 Elec Tech - Traffic Eng $48,796.80 $53,809.60 $55,681.60 $57,761.60 $60,008.00 $62,212.80 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Revenue Survey Party Chief Mechanic III - Transit Internal Auditor Grant Accountant 14 Program Spec - Sr Center $24.33 $26.77 $27.77 $28.85 $29.91 $30.87 Rec Program Supervisor $1,946.40 $2,141.60 $2,221.60 $2,308.00 $2,392.80 $2,469.60 Sr Construction Inspector $50,606.40 $55,681.60 $57,761.60 $60,008.00 $62,212.80 $64,209.60 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist - Library Sr MW - Water Plant Customer Service Coord Sr MW - Parking & Transit Sr MW - Wastewater Coll 15 Associate Planner $25.41 $27.80 $28.88 $29.96 $30.92 $31.98 Civil Engineer $2,032.80 $2,224.00 $2,310.40 $2,396.80 $2,473.60 $2,558.40 Human Rights Investigator $52,852.80 $57,824.00 $60,070.40 $62,316.80 $64,313.60 $66,518.40 Sr Librarian AFSCME PAYPLAN FY14 (July 7, 2013) APPENDIX C -3 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Govt Bldgs MW I - Recreation MW I - Sr Center Custodian - Transit Custodian - Library Receptionist - Sr Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assist - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Govt Bldgs 4 Account Clerk - Acctng Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Sr Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst PCD Clerk $15.44 $17.30 $17.84 $18.49 $19.07 $19.71 $1,235.20 $1,384.00 $1,427.20 $1,479.20 $1,525.60 $1,576.80 $32,115.20 $35,984.00 $37,107.20 $38,459.20 $39,665.60 $40,996.80 $15.91 $17.84 $18.49 $19.07 $19.71 $20.39 $1,272.80 $1,427.20 $1,479.20 $1,525.60 $1,576.80 $1,631.20 $33,092.80 $37,107.20 $38,459.20 $39,665.60 $40,996.80 $42,411.20 $16.43 $18.49 $19.07 $19.71 $20.39 $21.09 $1,314.40 $1,479.20 $1,525.60 $1,576.80 $1,631.20 $1,687.20 $34,174.40 $38,459.20 $39,665.60 $40,996.80 $42,411.20 $43,867.20 $17.02 $19.07 $19.71 $20.39 $21.09 $21.89 $1,361.60 $1,525.60 $1,576.80 $1,631.20 $1,687.20 $1,751.20 $35,401.60 $39,665.60 $40,996.80 $42,411.20 $43,867.20 $45,531.20 AFSCME PAYPLAN FY14 (July 7, 2013) APPENDIX C - 3 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II - Parks MW II - Transportation Sery MW II - Recreation MW II - Transit MW II - CBD MW II - Forestry MW II - Library MW II - Govt Bldg Buyer I - Equipment Community Service Officer Library Assistant 1 Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Sr Police Records Clerk CSO - Station Master Library Assistant II MW II - Refuse MW II -Wastewater Treatment Parts /Data Entry Clk - Transit Production Assistant - Cable TV Program Assistant - Comm Dev Operations Asst - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Sery Rep - Transit Animal Services Officer CSO - Evidence MW II - Signs MW II - Water Service Customer Sery Rep - Revenue Customer Sery Rep - Parking 8 Engineering Technician Laboratory Technician - WW Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Sr Accounts Payable Clerk Special Projects Asst - Cable Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equip Laboratory Technician - Water $17.64 $19.69 $20.28 $20.94 $21.72 $22.41 $1,411.20 $1,575.20 $1,622.40 $1,675.20 $1,737.60 $1,792.80 $36,691.20 $40,955.20 $42,182.40 $43,555.20 $45,177.60 $46,612.80 $18.20 $20.39 $21.09 $21.89 $22.64 $23.43 $1,456.00 $1,631.20 $1,687.20 $1,751.20 $1,811.20 $1,874.40 $37,856.00 $42,411.20 $43,867.20 $45,531.20 $47,091.20 $48,734.40 $18.83 $21.09 $21.89 $22.64 $23.43 $24.27 $1,506.40 $1,687.20 $1,751.20 $1,811.20 $1,874.40 $1,941.60 $39,166.40 $43,867.20 $45,531.20 $47,091.20 $48,734.40 $50,481.60 $19.44 $21.89 $22.64 $23.43 $24.27 $25.17 $1,555.20 $1,751.20 $1,811.20 $1,874.40 $1,941.60 $2,013.60 $40,435.20 $45,531.20 $47,091.20 $48,734.40 $50,481.60 $52,353.60 AFSCME PAYPLAN FY14 (July 7, 2013) APPENDIX C - 3 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Buyer II Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable Landfill Operator Government Programmer - Cable 10 Housing Inspector Housing Office Manager Maint Operator - Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Housing Rehab Specialist MW III - Streets MW III - Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MW III - Lead Sweeper Oper Electrician - TE MW III - Water Dist Electrician - WW Library Public Relations Specialist 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Sr MW - Landfill Public Info /Ed Coord - PW Recycling Coordinator Utilities Tech - Engineering Housing /Devel Reg Inspector Environmental Coord. - Landfill $20.04 $22.41 $23.18 $24.00 $24.84 $25.73 $1,603.20 $1,792.80 $1,854.40 $1,920.00 $1,987.20 $2,058.40 $41,683.20 $46,612.80 $48,214.40 $49,920.00 $51,667.20 $53,518.40 $20.61 $23.07 $23.83 $24.61 $25.49 $26.36 $1,648.80 $1,845.60 $1,906.40 $1,968.80 $2,039.20 $2,108.80 $42,868.80 $47,985.60 $49,566.40 $51,188.80 $53,019.20 $54,828.80 $21.97 $24.27 $25.17 $26.19 $27.10 $28.12 $1,757.60 $1,941.60 $2,013.60 $2,095.20 $2,168.00 $2,249.60 $45,697.60 $50,481.60 $52,353.60 $54,475.20 $56,368.00 $58,489.60 $23.01 $25.15 $26.00 $26.96 $27.95 $28.85 $1,840.80 $2,012.00 $2,080.00 $2,156.80 $2,236.00 $2,308.00 $47,860.80 $52,312.00 $54,080.00 $56,076.80 $58,136.00 $60,008.00 AFSCME PAYPLAN FY14 (July 7, 2013) APPENDIX C - 3 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist Development Reg Specialist Elec Tech - Traffic Eng FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Revenue Survey Party Chief Mechanic III - Transit Internal Auditor Grant Accountant 14 Program Spec - Sr Center Rec Program Supervisor Sr Construction Inspector Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist - Library Sr MW - Water Plant Customer Service Coord Sr MW - Parking & Transit Sr MW - Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Sr Librarian $23.75 $26.19 $27.10 $28.12 $29.21 $30.28 $1,900.00 $2,095.20 $2,168.00 $2,249.60 $2,336.80 $2,422.40 $49,400.00 $54,475.20 $56,368.00 $58,489.60 $60,756.80 $62,982.40 $24.63 $27.10 $28.12 $29.21 $30.28 $31.26 $1,970.40 $2,168.00 $2,249.60 $2,336.80 $2,422.40 $2,500.80 $51,230.40 $56,368.00 $58,489.60 $60,756.80 $62,982.40 $65,020.80 $25.73 $28.15 $29.24 $30.33 $31.31 $32.38 $2,058.40 $2,252.00 $2,339.20 $2,426.40 $2,504.80 $2,590.40 $53,518.40 $58,552.00 $60,819.20 $63,086.40 $65,124.80 $67,350.40 9.4% 3.9% 3.7% 3.2% 3.4% AFSCME PAYPLAN FY14 (January 5, 2014) APPENDIX C - 4 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Govt Bldgs $15.63 $17.52 $18.06 $18.72 $19.31 $19.96 MW I - Recreation $1,250.40 $1,401.60 $1,444.80 $1,497.60 $1,544.80 $1,596.80 MW I - Sr Center $32,510.40 $36,441.60 $37,564.80 $38,937.60 $40,164.80 $41,516.80 Custodian - Transit Custodian - Library Receptionist - Sr Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assist - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Govt Bldgs 4 Account Clerk - Acctng Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Sr Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst PCD Clerk $16.11 $18.06 $18.72 $19.31 $19.96 $20.64 $1,288.80 $1,444.80 $1,497.60 $1,544.80 $1,596.80 $1,651.20 $33,508.80 $37,564.80 $38,937.60 $40,164.80 $41,516.80 $42,931.20 $16.64 $18.72 $19.31 $19.96 $20.64 $21.35 $1,331.20 $1,497.60 $1,544.80 $1,596.80 $1,651.20 $1,708.00 $34,611.20 $38,937.60 $40,164.80 $41,516.80 $42,931.20 $44,408.00 $17.23 $19.31 $19.96 $20.64 $21.35 $22.16 $1,378.40 $1,544.80 $1,596.80 $1,651.20 $1,708.00 $1,772.80 $35,838.40 $40,164.80 $41,516.80 $42,931.20 $44,408.00 $46,092.80 AFSCME PAYPLAN FY14 (January 5, 2014) APPENDIX C - 4 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II - Parks MW II - Transportation Sery MW II - Recreation MW II - Transit MW II - CBD MW II - Forestry MW II - Library MW II - Govt Bldg 6 Buyer I - Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Sr Police Records Clerk CSO - Station Master Library Assistant I I MW II - Refuse MW II - Wastewater Treatment Parts /Data Entry Clk - Transit Production Assistant - Cable TV Program Assistant - Comm Dev Operations Asst - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Sery Rep - Transit Animal Services Officer CSO - Evidence MW II - Signs MW II -Water Service Customer Sery Rep - Revenue Customer Sery Rep - Parking Engineering Technician Laboratory Technician - WW Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Sr Accounts Payable Clerk Special Projects Asst - Cable Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equip Laboratory Technician - Water $17.86 $19.94 $20.53 $21.20 $21.99 $22.69 $1,428.80 $1,595.20 $1,642.40 $1,696.00 $1,759.20 $1,815.20 $37,148.80 $41,475.20 $42,702.40 $44,096.00 $45,739.20 $47,195.20 $18.43 $20.64 $21.35 $22.16 $22.92 $23.72 $1,474.40 $1,651.20 $1,708.00 $1,772.80 $1,833.60 $1,897.60 $38,334.40 $42,931.20 $44,408.00 $46,092.80 $47,673.60 $49,337.60 $19.07 $21.35 $22.16 $22.92 $23.72 $24.57 $1,525.60 $1,708.00 $1,772.80 $1,833.60 $1,897.60 $1,965.60 $39,665.60 $44,408.00 $46,092.80 $47,673.60 $49,337.60 $51,105.60 $19.68 $22.16 $22.92 $23.72 $24.57 $25.48 $1,574.40 $1,772.80 $1,833.60 $1,897.60 $1,965.60 $2,038.40 $40,934.40 $46,092.80 $47,673.60 $49,337.60 $51,105.60 $52,998.40 AFSCME PAYPLAN FY14 (January 5, 2014) PAYGRADE: STEP 1 9 Buyer II Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable Landfill Operator Government Programmer - Cable 10 Housing Inspector Housing Office Manager Maint Operator- Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Housing Rehab Specialist MW III - Streets MW III -Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MWIII - Lead Sweeper Oper Electrician - TE MW III - Water Dist Electrician - WW Library Public Relations Specialist 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Sr MW - Landfill Public Info /Ed Coord - PW Recycling Coordinator Utilities Tech - Engineering Housing /bevel Reg Inspector Environmental Coord. - Landfill APPENDIX C - 4 Page 3 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 $20.29 $22.69 $23.47 $24.30 $25.15 $26.05 $1,623.20 $1,815.20 $1,877.60 $1,944.00 $2,012.00 $2,084.00 $42,203.20 $47,195.20 $48,817.60 $50,544.00 $52,312.00 $54,184.00 $20.87 $23.36 $24.13 $24.92 $25.81 $26.69 $1,669.60 $1,868.80 $1,930.40 $1,993.60 $2,064.80 $2,135.20 $43,409.60 $48,588.80 $50,190.40 $51,833.60 $53,684.80 $55,515.20 $22.24 $24.57 $25.48 $26.52 $27.44 $28.47 $1,779.20 $1,965.60 $2,038.40 $2,121.60 $2,195.20 $2,277.60 $46,259.20 $51,105.60 $52,998.40 $55,161.60 $57,075.20 $59,217.60 $23.30 $25.46 $26.33 $27.30 $28.30 $29.21 $1,864.00 $2,036.80 $2,106.40 $2,184.00 $2,264.00 $2,336.80 $48,464.00 $52,956.80 $54,766.40 $56,784.00 $58,864.00 $60,756.80 AFSCME PAYPLAN FY14 (January 5, 2014) APPENDIX C - 4 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $24.05 $26.52 $27.44 $28.47 $29.58 $30.66 Development Reg Specialist $1,924.00 $2,121.60 $2,195.20 $2,277.60 $2,366.40 $2,452.80 Elec Tech - Traffic Eng $50,024.00 $55,161.60 $57,075.20 $59,217.60 $61,526.40 $63,772.80 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Revenue Survey Party Chief Mechanic III - Transit Internal Auditor Grant Accountant 14 Program Spec - Sr Center $24.94 $27.44 $28.47 $29.58 $30.66 $31.65 Rec Program Supervisor $1,995.20 $2,195.20 $2,277.60 $2,366.40 $2,452.80 $2,532.00 Sr Construction Inspector $51,875.20 $57,075.20 $59,217.60 $61,526.40 $63,772.80 $65,832.00 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist - Library Sr MW - Water Plant Customer Service Coord Sr MW - Parking & Transit Sr MW - Wastewater Coll 15 Associate Planner $26.05 $28.50 $29.61 $30.71 $31.70 $32.78 Civil Engineer $2,084.00 $2,280.00 $2,368.80 $2,456.80 $2,536.00 $2,622.40 Human Rights Investigator $54,184.00 $59,280.00 $61,588.80 $63,876.80 $65,936.00 $68,182.40 Sr Librarian AFSCME PAYPLAN FY15 (July 6, 2014) APPENDIX C -5 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Govt Bldgs MW I - Recreation MW I - Sr Center Custodian - Transit Custodian - Library Receptionist - Sr Center 2 Cashier - Parking Purchasing Clerk MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit MW I - Library Animal Center Assistant 3 Cashier - Revenue Clerical Assist - Cable TV MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Govt Bldgs 4 Account Clerk - Acctng Account Clerk - Revenue Clerk/Typist - Solid Waste MW I - Refuse MW I - Streets MW II - Cemetery Police Records Clerk Library Clerk Sr Clerk/Typist - Recreation Animal Care Technician Clerk/Typist - Parks & Forestry MW I - Wastewater Treatment Swimming Pool Asst PCD Clerk $15.97 $17.91 $18.46 $19.13 $19.73 $20.40 $1,277.60 $1,432.80 $1,476.80 $1,530.40 $1,578.40 $1,632.00 $33,217.60 $37,252.80 $38,396.80 $39,790.40 $41,038.40 $42,432.00 $16.46 $18.46 $19.13 $19.73 $20.40 $21.09 $1,316.80 $1,476.80 $1,530.40 $1,578.40 $1,632.00 $1,687.20 $34,236.80 $38,396.80 $39,790.40 $41,038.40 $42,432.00 $43,867.20 $17.01 $19.13 $19.73 $20.40 $21.09 $21.82 $1,360.80 $1,530.40 $1,578.40 $1,632.00 $1,687.20 $1,745.60 $35,380.80 $39,790.40 $41,038.40 $42,432.00 $43,867.20 $45,385.60 $17.61 $19.73 $20.40 $21.09 $21.82 $22.65 $1,408.80 $1,578.40 $1,632.00 $1,687.20 $1,745.60 $1,812.00 $36,628.80 $41,038.40 $42,432.00 $43,867.20 $45,385.60 $47,112.00 AFSCME PAYPLAN FY15 (July 6, 2014) APPENDIX C - 5 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II - Parks MW II - Transportation Sery MW II - Recreation MW II -Transit MW II - CBD MW II - Forestry MW II - Library MW II - Govt Bldg Buyer I - Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk - Landfill Buyer I - Purchasing Sr Police Records Clerk CSO - Station Master Library Assistant II MW II - Refuse MW I I - Wastewater Treatment Parts /Data Entry Clk - Transit Production Assistant - Cable TV Program Assistant - Comm Dev Operations Asst - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Sery Rep - Transit Animal Services Officer CSO - Evidence MW II - Signs MW II - Water Service Customer Sery Rep - Revenue Customer Sery Rep - Parking Engineering Technician Laboratory Technician - WW Library Assistant III MW III - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks Sr Accounts Payable Clerk Special Projects Asst - Cable Public Information Assistant - PCD MWIII - Refuse Housing Inspector Asst MW III - Pools MW III - Water Service Parts /Inventory Clerk - Equip Laboratory Technician - Water $18.25 $20.38 $20.98 $21.67 $22.47 $23.19 $1,460.00 $1,630.40 $1,678.40 $1,733.60 $1,797.60 $1,855.20 $37,960.00 $42,390.40 $43,638.40 $45,073.60 $46,737.60 $48,235.20 $18.84 $21.09 $21.82 $22.65 $23.42 $24.24 $1,507.20 $1,687.20 $1,745.60 $1,812.00 $1,873.60 $1,939.20 $39,187.20 $43,867.20 $45,385.60 $47,112.00 $48,713.60 $50,419.20 $19.49 $21.82 $22.65 $23.42 $24.24 $25.11 $1,559.20 $1,745.60 $1,812.00 $1,873.60 $1,939.20 $2,008.80 $40,539.20 $45,385.60 $47,112.00 $48,713.60 $50,419.20 $52,228.80 $20.11 $22.65 $23.42 $24.24 $25.11 $26.04 $1,608.80 $1,812.00 $1,873.60 $1,939.20 $2,008.80 $2,083.20 $41,828.80 $47,112.00 $48,713.60 $50,419.20 $52,228.80 $54,163.20 AFSCME PAYPLAN FY15 (July 6, 2014) APPENDIX C - 5 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Buyer II Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable Landfill Operator Government Programmer - Cable 10 Housing Inspector Housing Office Manager Maint Operator - Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator- Water 11 Housing Rehab Specialist MW III - Streets MW III - Wastewater Collection Mechanic II - Equipment Microcomputer Specialist - Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll MWIII - Lead Sweeper Oper Electrician - TE MW III - Water Dist Electrician - WW Library Public Relations Specialist 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician - Water Building Inspector Sr MW - Landfill Public Info /Ed Coord - PW Recycling Coordinator Utilities Tech - Engineering Housing /Devel Reg Inspector Environmental Coord. - Landfill $20.74 $23.19 $23.99 $24.83 $25.70 $26.62 $1,659.20 $1,855.20 $1,919.20 $1,986.40 $2,056.00 $2,129.60 $43,139.20 $48,235.20 $49,899.20 $51,646.40 $53,456.00 $55,369.60 $21.33 $23.87 $24.66 $25.47 $26.38 $27.28 $1,706.40 $1,909.60 $1,972.80 $2,037.60 $2,110.40 $2,182.40 $44,366.40 $49,649.60 $51,292.80 $52,977.60 $54,870.40 $56,742.40 $22.73 $25.11 $26.04 $27.10 $28.04 $29.10 $1,818.40 $2,008.80 $2,083.20 $2,168.00 $2,243.20 $2,328.00 $47,278.40 $52,228.80 $54,163.20 $56,368.00 $58,323.20 $60,528.00 $23.81 $26.02 $26.91 $27.90 $28.92 $29.85 $1,904.80 $2,081.60 $2,152.80 $2,232.00 $2,313.60 $2,388.00 $49,524.80 $54,121.60 $55,972.80 $58,032.00 $60,153.60 $62,088.00 AFSCME PAYPLAN FY15 (July 6, 2014) APPENDIX C - 5 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $24.58 $27.10 $28.04 $29.10 $30.23 $31.33 Development Reg Specialist $1,966.40 $2,168.00 $2,243.20 $2,328.00 $2,418.40 $2,506.40 Elec Tech - Traffic Eng $51,126.40 $56,368.00 $58,323.20 $60,528.00 $62,878.40 $65,166.40 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Revenue Survey Party Chief Mechanic III - Transit Internal Auditor Grant Accountant 14 Program Spec - Sr Center $25.49 $28.04 $29.10 $30.23 $31.33 $32.35 Rec Program Supervisor $2,039.20 $2,243.20 $2,328.00 $2,418.40 $2,506.40 $2,588.00 Sr Construction Inspector $53,019.20 $58,323.20 $60,528.00 $62,878.40 $65,166.40 $67,288.00 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist - Library Sr MW - Water Plant Customer Service Coord Sr MW - Parking & Transit Sr MW - Wastewater Coll 15 $26.62 $29.13 $30.26 $31.39 $32.40 $33.50 Associate Planner $2,129.60 $2,330.40 $2,420.80 $2,511.20 $2,592.00 $2,680.00 Civil Engineer $55,369.60 $60,590.40 $62,940.80 $65,291.20 $67,392.00 $69,680.00 Human Rights Investigator Sr Librarian APPENDIX D Classification Review Procedures Section 1. Purpose The Classification Review Committee will be responsible for maintaining fair and equitable classification of all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Austin - Peters evaluation instrument used in the 2006 study and shall have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure The Classification Review Committee shall be comprised of ten members, five to be selected by the City, and five to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his /her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. The Personnel Administrator will preside as facilitator. Section 4. Meetings 1. The Committee will meet as necessary to hear all classification review requests by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1. All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum. 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. A management committee member may vote in place of any absent Management Committee members. A Union committee member may vote in place of any absent Union member. D -2 4. The Classification Review Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Reviews Employees will be informed of the procedures for requesting a review of the classification of their position; provided, however, no reviews shall be conducted for one year following initial implementation of the study. 2. An employee may only request a review of his /her own position. Requests may also be made by a group of employees all holding the same job title. 3. An employee or group of employees requesting a review of the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Classification Review Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The employee requesting review will be compensated for work time spent* in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification reviews may be initiated by the Personnel Administrator. Employees in the position being reviewed will be given ten working days notice of the review and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee, upon request, six months following the position being filled. Section 8. Salary Adiustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected incumbent employees will not be reduced. D -3 3. Employees in positions found to be under - classified will receive a salary adjustment equal to: a. the minimum of the new salary range, if below the minimum, or b. a one -step increase (step to be defined as the percentage difference between steps in the salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adiustments Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in. Section 6. 3. In the event that salary maximum of a position is shown to be under -paid by at least 15 percent (15 %) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Classification Review Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15 %). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Position Y, Grade Y, Range $1,000 - $1,300, 15 percent off the market moved to Grade YA, $1,150 - $1,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, a salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Funding 1. Decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures The actions and decisions of the Classification Review Committee shall not be subject to the grievance /arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Classification Review Committee will be permitted access to weighting information. AM Section 13. City Council Approval All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration The parties understand that this procedure is a continuation of an experimental program and is itself experimental. This procedure shall be used to determine classification review requests during FY08 -FY10 and then will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of May 14, 2007 Mgr \asst \ \u n ions \afscme \appendix.d I-l;J»Z11*1140 CONTRACT SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June 1 to August 31, and September 1 to December 31. Beginning with the Summer 2007 scheduling period, each department with an evening rotation will identify, by seniority, any staff in that rotation who prefer to work a 5:00 -8:00 shift on Friday evening. If all Friday evening shifts are filled, scheduling for weekend and nights will proceed as below with the exception that persons who have chosen to work Friday evenings are not eligible to opt out of evening work. Any Friday evening shifts not filled in this manner will be scheduled as a weekend rotation as indicated below. Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and those 9 -6 shifts that they do not wish to work. Each schedule period the senior employee in each participating department will indicate those nights, weekends, and 9 -6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9 -6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling all employees for a regular night or 9 -6 shift, the senior employee who has not rejected night or 9 -6 shift work for a previous schedule period shall have first choice in turning down night or 9 -6 shift work for the next schedule period. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9 -6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 December 12, 2006 mgrlassflunionslafscmelafscme fyl3.doc AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one -half day on Saturday and one -half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the option to make it viable. For permanent full - time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees working scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 mgr\assf \unions \afscme \afscme fylldoc AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Beginning with the fall 2001 Library scheduling period, such periods will be bid on three times annually effective the first Saturday after New Year's Day, the first Saturday on or after May I ", and the first Saturday after Labor Day. The second paragraph of the November 27, 1978 Contract Side Letter on Library Scheduling is amended to clarify that the selection list to determine who works an evening in a scheduling period will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. To maintain seniority advantage, new employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. As a result, although the lists will originally be in seniority order, they may fall out of exact seniority order over time due to employee turnover. In accordance with Article 9, Section 6, when the Library is operating and open on City approved holidays, schedules will be selected as follows: The selection list for holiday shifts given compensatory time will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. New employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. During the departmental routing of the selection list of holiday shifts given compensatory time, part-time employees will select one shift before passing the list while full -time employees will select two. If not all shifts are filled after each employee has made their selection(s), the list will be routed again starting at the top of the list. No part-time employee may be required to work more than one shift per holiday. Conflicts will be resolved by the department manager and the affected employees. The selection list for paid holidays routes in seniority order. During its routing employees may select only one shift. If not all shifts are filled after the initial routing is complete, the list will be routed once again until all shifts are filled. If after re- routing all shifts are not filled, the manager will assign shifts in reverse seniority order. No employee may select nor be assigned more than one shift per paid holiday. Schedule period packets will include an opportunity for those who wish to accept extra Sundays to be identified. After Sunday shifts have been distributed equally, managers will distribute any extra Sunday shifts to those requesting additional ones. If no staff member accepts an extra shift, they will be distributed to departmental permanent staff in the Sunday rotation on a fair and impartial basis. In addition, staff may relinquish up to one additional Sunday shift per schedule period, if the department head determines that staff are available to accept such additional shifts. Extra shifts chosen through this voluntary process are available for pay only. Employees cannot regain their shift after it has been reassigned. RE: October 10, 2000 mgMssfWnions%afscme\afscme fylldoc APPENDIX G -1 MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL -CIO, Local 183 Re: Article XVIII Clothing and Equipment, Section 1 Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatchers /Police Desk Clerks, the parties have agreed to waive the provisions of Article 18, Section 1 in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. 1. Community Service Officer a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. C. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hat/cap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. C. One regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. C. One regulation pants belt. d. Three regulation ties. B. Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his /her designee by the first day of the month and shall be paid by the City within 30 days. mgr\ asst \unions \afscme \afscme fylldoc Im C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. re: March 11, 1991 mgAassflunions \afscme \afscme fyl Moc APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The ;aarties agree as follows: Treatment Plant Operators - Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. For the City: .mil Jam. I /.I ��/ / `_i - �• � /J /L�� • • Assistant ZT • -1 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1996 -1999 Contract, the investigation and discussion of on -site childcare and /or'chtldcare vouchers will -- be considered a proper topic for consideration by the Labor - Management Committee referred to in Article 20, Section 5. For the U 4W Presiders For the City: C - \ — - w Assistant City Manq§er SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 2007 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective June 30, 2007. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of June 30, 2007, will receive an increase equal to 3.5% in addition to the across - the -board increase of 3.25 %, provided that no employee will receive a wage rate that is lower than Step 1 or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee was placed on Step 1 or between steps 1 and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of June 29, 2007) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across- the -board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as follows: Position Old Range New Range MWI— Library (1 person remains an MWI, Range 2 & 2 people are retitled Custodian — Library, Range 1) Customer Service Rep— Parking (retitled Parking Clerk) Buyer II - Purchasing (1 person remains a Buyer II, Range 9 & 1 person is retitled Buyer I, Range 6 Customer Service Rep — Revenue Page Supervisor (retitled Sr. Library Assistant) nnFor the Union: V�"txuJL-15kTW_ President Mgr/asst/unionslside letter 7- 07.doc 2 1 7 4 9 6 9 7 11 9 For the City: Assistant City I X nage Beginning February 2011, the following shall be added to the existing side letter of 11/27/78 and the amendments of 7/23/82 and 10 /10 /00 and shall apply to Iowa City Public Library Employees. A selection list of Holiday shifts for the next fiscal year will be routed in March following the Library Board of Trustees determination of the next year's calendar. Holiday shifts will be no fewer than four hours. The Holiday schedule will be routed in seniority order to eligible permanent employees. Managers and temporary employees will not be included in the rotation list but may be assigned to shifts in order to meet Library needs. Full -time employees shall select two shifts and part-time employees shall select one shift, with each having the option of selecting one additional shift before passing the list to the next most senior employee. If not all shifts are filled after each employee has made their selection(s), the list will route again in reverse seniority order, with part-time employees selecting one shift and full -time employees selecting two. No permanent part-time employee will be required to work more than one shift per holiday, but they will not be prohibited from doing so. New employees will be added in where their seniority is determined. After all Holiday shifts are assigned, employees will be allowed to give or trade holiday shifts with another eligible employee, but no employee may accrue or be paid for holiday time that is more than the total of the holiday hours earned, times the number of holidays the Library is open. Conflicts will be resolved between the department manager and affected employees. Approved by the Library Board of Trustees, January 27, 2011 CONTRACT SIDE LETTER ON LIBRARY USE AND DEFINITION OF HOURLY EMPLOYEES Recognizing that Library Non - Permanent Employees fill needs required for the day -to- day operation of the Iowa City Public Library, Non - Permanent Employees shall be known at the Iowa City Public Library as Hourly Employees. Said employees will be able to work up to, but not exceed, 1,300 hours in a given fiscal year, and up to 1,500 in a given fiscal year if they participate in rotating weekend schedules. Hourly Employees will be regularly assigned less than twenty (20) hours per week. Up to ten hours, on an average, per pay period of rotating weekend shifts will not be counted as part of a regular assignment. If any Hourly Employee exceeds these hours in a given fiscal year they will be considered a Permanent Employee and entitled to wages and benefits as provided in the contract. Definitions: Hourly Employees will not replace, but may supplement the work done by Permanent Employees, or perform tasks not routinely assigned to Permanent Employees. Hourly Employees will not be lead workers on public service desks nor will they have the same job descriptions as Permanent Employees. Hourly Employees will receive specified training in the department in which the employee is working. Student Interns are not considered Hourly Employees for the purposes of this agreement. On -call Substitute Librarians are considered Hourly Employees at the Iowa City Public Library and, in addition to the requirements above, must meet the same educational and work experience requirements of permanent staff performing similar duties. On -call Substitute Librarians will cover desk shifts previously assigned to permanent staff. April 12, 2011 Approved by Library Board of Trustees, June 23, 2011 Mkg 20 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 12 -152 RESOLUTION ESTABLISHING CLASSIFICATION /COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FYI 3, FYI and FYI WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative, and Executive personnel; WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT Confidential /Administrative and Executive employees shall receive compensation as established by the FY13, FY14 and FY15 Confidential /Administrative and Executive Classification Compensation Plans as attached. Passed and approved this 3rd day of April 120 12 / 49Aa MAYOR Approved by /J IN It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens x Dobyns X Hayek X Mims x Payne X Throgmorton Humanrel /res /adninconf contract vv (n(� 20r' � 0-,., D n -i� (° aW i n3 �v °o CD a (°D p� 11 Cl 0 10 y _1 .0 (D ID Q y 3 (n o •o CD O. O N 0 3 °0 3 e1 `� f7 y N O N C q 0 v (D m n (n n 0 D O CD n �. n of CD =3 C (D (n (D v N S N O D N 7 N j fOD N N y N N 7` O. N fG O) .�' N N 0 A ,N. w 3 N i O fGl Cii (n t0 Q ». ni C z 7 O) � CC (n d CD CD n fD n N G .Ni n U O d a y I 0) A (O C CD 69 6A 6A C13 69 � 4 M IA O OCA O d W V N N OD N 93 A A. N IV a O Cn 00 A. A W W W V N IV fn m e 00 w O O N O O OD 0 0 7 A C49TI '69 V 69 6699 O fA 00 c0 69 Co Co 69 N EA ij q 69 N W 'C OV1 cn A W (w0 N O O W W (O O m IV N co N IV CO O O IV O O (A 0) W O O V 3 0 0? 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O O V O O co O O O O \ co 69 69 A A O Cn A co W N W lw A A O m Vi i � -4 y6qq Cil .p W W V -1 A O O 0) N O O W O O V O O co t9 69 A 69 W 9 A A -4 OWO PO ,500 CV1 A W W O O W O O O pO 0 0 0 D� x -o 'o -n _0 'D wEI� m •; o ry as x \ 2 \ 2go 0 2: q CD7aw06 \ AK7 �o(0 g < v �«� m � \ \ � y � $ 69 o s# m« 00) ��« 2 @P� *mom 2 @§q kk§ 9 ? � ƒ/_ \\ f 4 nU§ 2 k0OD kk\ � M +9 Z 21 .�: Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -1 5,1 RESOLUTION DEDICATING BLACKHAWK MINIPARK IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY. WHEREAS, The City owns the Blackhawk Minipark, located in the pedestrian mall southeast of the intersection of Washington Street and Dubuque Street in fee title; and WHEREAS, in light of the redevelopment of 118 S. Dubuque Street, the Economic Development Committee recommends to Council that it dedicate the adjacent Blackhawk Minipark as right -of- way and WHEREAS, the City Council finds the establishment of such right -of -way to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Blackhawk Minipark legally described below is hereby declared to be right -of -way: Beginning at the northwest corner of Lot 4, Block 65, of the original Town of Iowa City, Iowa, according to the recorded plat thereof, thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right of way line of Washington Street, 60.28 feet; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 59.93 feet to a point on the easterly right of way line of Dubuque Street, thence north 00 degrees 07 minutes 39 seconds west, along said easterly right of way line, 110.65 feet to the point of beginning. Except for the following: Commencing at the northwest corner of Lot 4, Block 65, the original Town of Iowa City, Iowa, according to the recorded plat thereof; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right of way line of Washington Street, 60.28 feet to the point of beginning; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 1.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 36.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 18.0 feet; thence north 89 degrees 43 minutes 36 seconds east, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 56.0 feet, to the southerly right of way line of Washington Street; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along said southerly right of way line of Washington Street, 1.50 feet to the point of beginning. Passed and approved this 3rd day of April 12012. !L� MAYOR Approved by ATTEST: 7CJ . ua� i.�,utfifizl �r- CITY CLERK City Attorney's Office 3�/� Resolution No. 12 -153 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek Mims X Payne x Throgmorton F l 1 12 S. Dubuque St. Sun Study NEUMANN MONSON A R C H I T E C T S moengroup April /August 21 st, 6:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 7:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 8:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 9:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 10:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 1 1 :00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 12:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 1 :00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 2:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 3:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 4:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 5:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup April /August 21 st, 6:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 6:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 7:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 8:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 9:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 10:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 11:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 12:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 1 :00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 2:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 3:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 4:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 5:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup May /July 21 st, 6:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 6:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 7:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 8:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 9:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 10:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 1 1:00 am NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 12:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 1 :00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 2:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 3:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 4:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 5:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup June 21 st, 6:00 pm NEUMANN MONSON A R C H I T E C T 5 Sun Study 112 S. Dubuque St. moengroup 9,n r �,. ®r CITY OF IOWA CITY �wacacms* MEMORANDUM Date: April 3, 2012 To: City Council r From: Kevin O'Malley, Director of Financ Re: 114 South Dubuque Street (Marc Moen's Central Park L.L.C.) Introduction: The following is a description of the decision points in determining the bond financing for this economic development initiative. History/Background: In February I was contacted by Tom Jackson, National Development Council (NDC) Consultant for the Planning and Community Development Department, to review the gap analysis that his firm performed on the data submitted by Marc Moen for the project at 114 South Dubuque Street. Using NDC's model spreadsheet, Mr. Jackson estimated the gap in financing of $2.5 million. One of the inputs in the model was a zero interest loan provided by the City of Iowa City, thereby allowing for a 15 year repayment. He requested of me to determine an interest rate for the construction financing for this project. Discussion of Solutions: Certain facts and several assumptions were required to estimate a forecast for this financing. I was uncomfortable with borrowing the funds from our General Fund or our Landfill Fund due the size of the financing ($2.5 million), the proposed zero interest rate, and that it was for a private purpose. Usually, I loan funds from those sources for public improvements on a shorter term basis or until I can plan a debt issuance and assess a carrying interest rate. During discussions with PCD staff, this project was consistently compared to the Plaza Towers Project so I decided to utilize that financing strategy. That strategy is to issue taxable bonds and structure the repayment on the basis of tax increment financing property tax revenues. A second issue was to determine a method to secure the repayment of the bonds. Financial Impact: The interest rate on debt is determined by the underlying purpose and the duration of the debt to be repaid. When we issue private purpose debt we usually pay an additional 50 -100 basis points over current general obligation debt. The duration was determined by the cash flow (property tax revenue) to pay the debt. The property tax revenue is a product of the taxable valuation times the current TIF levy estimate of $33 per thousand of valuation. I used an interest rate of 3.25% based on the duration of the repayment analysis and taxable basis of the debt issue. Attached are spreadsheets depicting repayment on the taxable bond issue and the timing of property tax revenues. Our bond counsel provided staff with several options to secure the financing and we settled on a Minimum Assessment Agreement as was utilized in the Plaza Towers financing. 114 South Dubuque Street, Central Park LLC (Marc Moen) $2,500,000 Tax Increment Financing Request (pro forma) Payment Months dates 7/11/2012 5 12/1/2012 6 6/1/2013 6 12/1/2013 6 6/1/2014 23 6 12/1/2014 6 6/1/2015 6 12/112015 6 6/1/2016 6 12/1/2016 6 6/1/2017 6 12/1/2017 6 6/1/2018 6 12/1/2018 6 6/1/2019 6 12/1/2019 6 6/1/2020 6 12/1/2020 6 6/1/2021 6 12/1/2021 6 6/1/2022 6 12/1/2022 6 6/1/2023 6 12/1/2023 6 6/1/2024 6 12/1/2024 6 6/1/2025 6 12/1/2025 6 6/1/2026 6 12/1/2026 6 6/1/2027 6 12/1/2027 6 6/1/2028 6 12/1/2028 6 6/1/2029 6 12/1/2029 6 6/1/2030 6 12/1/2030 6 6/1/2031 6 12/1/2031 6 6/1/2032 19.91667 Totals $ 1,135,550.00 $ 2,700,000.00 $ 3,835,550.00 $ 3,835,550.00 0.0325 Fiscal Year Interest Principal Total Total Bond Principal $ 2,700,000.00 $ 36,562.50 $ $ 36,562.50 $ 2,700,000.00 $ 43,875.00 $ $ 43,875.00 $ 80,437.50 $ 2,700,000.00 $ 43,875.00 $ $ 43,875.00 $ 2,700,000.00 $ 43,875.00 $ $ 43,875.00 $ 87,750.00 $ 2,700,000.00 $ 43,875.00 $ $ 43,875.00 $ 2,700,000.00 $ 43,875.00 $ $ 43,875.00 $ 87,750.00 $ 2,700,000.00 $ 43,875.00 $ - $ 43,875.00 $ 2,700,000.00 $ 43,875.00 $ 105,000.00 $ 148,875.00 $ 192,750.00 $ 2,595,000.00 $ 42,168.75 $ - $ 42,168.75 $ 2,595,000.00 $ 42,168.75 $ 105,000.00 $ 147,168.75 $ 189,337.50 $ 2,490,000.00 $ 40,462.50 $ - $ 40,462.50 $ 2,490,000.00 $ 40,462.50 $ 110,000.00 $ 150,462.50 $ 190,925.00 $ 2,380,000.00 $ 38,675.00 $ - $ 38,675.00 $ 2,380,000.00 $ 38,675.00 $ 120,000.00 $ 158,675.00 $ 197,350.00 $ 2,260,000.00 $ 36,725.00 $ - $ 36,725.00 $ 2,260,000.00 $ 36,725.00 $ 125,000.00 $ 161,725.00 $ 198,450.00 $ 2,135,000.00 $ 34,693.75 $ - $ 34,693.75 $ 2,135,000.00 $ 34,693.75 $ 135,000.00 $ 169,693.75 $ 204,387.50 $ 2,000,000.00 $ 32,500.00 $ - $ 32,500.00 $ 2,000,000.00 $ 32,500.00 $ 145,000.00 $ 177,500.00 $ 210,000.00 $ 1,855,000.00 $ 30,143.75 $ - $ 30,143.75 $ 1,855,000.00 $ 30,143.75 $ 150,000.00 $ 180,143.75 $ 210,287.50 $ 1,705,000.00 $ 27,706.25 $ - $ 27,706.25 $ 1,705,000.00 $ 27,706.25 $ 165,000.00 $ 192,706.25 $ 220,412.50 $ 1,540,000.00 $ 25,025.00 $ - $ 25,025.00 $ 1,540,000.00 $ 25,025.00 $ 170,000.00 $ 195,025.00 $ 220,050.00 $ 1,370,000.00 $ 22,262.50 $ - $ 22,262.50 $ 1,370,000.00 $ 22,262.50 $ 180,000.00 $ 202,262.50 $ 224,525.00 $ 1,190,000.00 $ 19,337.50 $ - $ 19,337.50 $ 1,190,000.00 $ 19,337.50 $ 195,000.00 $ 214,337.50 $ 233,675.00 $ 995,000.00 $ 16,168.75 $ - $ 16,168.75 $ 995,000.00 $ 16,168.75 $ 200,000.00 $ 216,168.75 $ 232,337.50 $ 795,000.00 $ 12,918.75 $ - $ 12,918.75 $ 795,000.00 $ 12,918.75 $ 215,000.00 $ 227,918.75 $ 240,837.50 $ 580,000.00 $ 9,425.00 $ - $ 9,425.00 $ 580,000.00 $ 9,425.00 $ 225,000.00 $ 234,425.00 $ 243,850.00 $ 355,000.00 $ 5,768.75 $ 5,768.75 $ 355,000.00 $ 5,768.75 $ 235,000.00 $ 240,768.75 $ 246,537.50 $ 120,000.00 $ 1,950.00 $ 1,950.00 $ 120,000.00 $ 1,950.00 $ 120,000.00 $ 121,950.00 $ 123,900.00 $ - Totals $ 1,135,550.00 $ 2,700,000.00 $ 3,835,550.00 $ 3,835,550.00 0.0325 3 D to A A Ut V A O A O A O A O A O A O A O A O A O A O? 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(R th OI; #A W WNN CL NNNNMNNNMNNM lA N M M M N N N N MN N M 4A N N MN NM 40 40 N40 N N 44 NN CO- �. i W i i W i i i W i i i i i i W i i i W i ip i i i i i i i i i i i i i i i i V V V V V V V V V W WQ WQ WQ W <QQQn1 (QA WO W 4/Wi SiQQQ11 W W W W W W W y6,1 QQQQ Q99Q QQQQ iQQQ� QQQQ ®Q®Q QQQQ QQQQ QQ QQ pQQQ +���p1 (QQQ� QQQQ QQ QQQQ QQ {QQQ� �QQ} MNNloNNNNNN N N . N N NN N N N.. NHIMNNNNNNMNNNMMN T N N N N ........................ N N N N ... N N N 8at I8ccn tncnC" Sen SBSS$.CC 8.C" 88 $C" CFOcn w N N N h 40 10 N H N M N M fW N N M N M N T O ON O.. pp {pO �C C MpQf N IppV pQ pCp pO Cc, pOo QC pO pO pO pO tD i0 (O t0 tii. IR m fD m t0 t0 f�0 t0 40 f0 til. t0. 22 S .�, CITY OF IOWA CITY � ,c IT MEMORANDUM Date: March 29, 2012 To: Tom Markus, City Manager From: Jeff Davidson, Director, Planning and Community Development Re: Consider a resolution approving an agreement for private redevelopment by and between the City of Iowa City and Central Park LLC Introduction Developer Marc B. Moen has formed Central Park LLC for the purpose of the redevelopment of the 114 S. Dubuque Street property in Downtown Iowa City. The redevelopment project is to construct a 14 story mixed -use commercial and residential building. The developer has indicated that TIF funding in the amount of $2.5 million will be required to complete the project. History /Background The City Council has adopted "economic development process and policies" which are to be used for evaluation of requests for financial assistance. The 114 S. Dubuque Street project has been subjected to an analysis according to the City Council's adopted process and policies. The evaluation is summarized in the attached staff report which was sent to the City Council Economic Development Committee. On March 13, 2012 the City Council Economic Development Committee unanimously recommended approval of the requested $2.5 million upfront TIF loan. The developer will be required to provide workforce housing and three floors of Class A office space, and security in the form of a minimum assessment amount of $5.76 million for the property located at 114 S. Dubuque Street and $1.28 million on the 225 South Linn Street (Bread Garden) property. Discussion of Solution The proposed redevelopment project meets the stated community objectives and financial gap analysis of the adopted economic development process and policies. Recommendation The City Council Economic Development Committee and City staff recommend approval of the resolution. Funding Impact The upfront TIF loan in the amount of $2.5 million will be secured by a minimum assessment agreement on the redevelopment property and a portion of the Plaza Towers property. Repayment of the TIF loan will include all financing expenses incurred by the City. Attachment: Economic Development Committee Staff Report cc: Eleanor Dilkes Wendy Ford ppddir /memos /Centra1ParkLLC.doc I :dop"N.p4. CITY OF IOWA CITY Mm =014 W M E-MORANDUM Date: March 9, 2012 To: City Council Economic Development Committee From: Jeff Davidson, Director, Planning and Community Development Steve Long, Community Development Coordinator Re: Request for financial assistance for 114 S. Dubuque Street property redevelopment We have received a request for financial assistance from Marc B. Moen for a redevelopment project located at 114 S. Dubuque Street in Downtown Iowa City. This is the current location of the Wells Fargo building adjacent to the pedestrian mall. The proposal is for a mixed -use project consisting of the following uses and square footages: Level 1 Retail 1,600 sq. ft. Level 2 Retail /office 2,318 sq. ft. Levels 3 -4 Office 4,636 s . ft. Levels 5 -12 Residential 18,904 sq. ft. Levels 13 -14 Two story luxury residential 3,914 sq. ft. The proposed building, shown in the attached rendering, consists of four floors of retail /office space, 16 one - bedroom residential units of 662 sq. ft. each, 8 one - bedroom residential units of 1,039 sq. ft. each, and two luxury residential units of approximately 2,000 sq. ft. each. The estimated project construction cost is $10,737,598. It would increase the assessed valuation of the property from its current $569,520 to an estimated $9,805,330. The current property taxes paid annually on the property are $23,302. The total anticipated property tax with the completed project is $234,792 annually, and is conservatively estimated to increase approximately 2% every other year thereafter. The 24 residential units on levels 5 -12 will require 12 parking spaces which will need to be provided off -site in a City parking facility. This has been approved by the Director of Transportation Services, and will require approval of a special exception by the Board of Adjustment. There is not enough room on the site for subterranean parking. The two luxury units on the top floors would each have a single parking space provided at the rear of level 1 off of the alley. The owner is required to put a retail or office use on the first floor. The owner is also proposing that levels 2, 3, and 4 be office levels which would be constructed to Class A office space standards. Level 2 might be used for retail space. The residential units are proposed for a mix of for sale and for lease units similar to the owner's Plaza Towers project. The initial proposed sale or leasing price points for the smaller 662 sq. ft. residential units meet our financial guidelines for workforce housing. The developer is formally requesting $2.5 million in TIF financing for the project. The funding is being requested in the form of a forgivable loan which would be provided by the City at the beginning of the project. The City's commitment of funding for the project will be used by the developer to leverage private financing for the project. The annual TIF increment generated by the project would be used to repay the City's bonded indebtedness. The developer has agreed March 9, 2012 Page 2 to a minimum assessment agreement, which will guarantee the property taxes required to retire the City's indebtedness within the prescribed timeframe. The following analysis will review this request against the City Council's economic development process and policies which were adopted on December 6, 2011. Financial analysis The City of Iowa City economic development process and policies are intended to establish standard procedures and a framework for granting financial incentives. This is intended to ensure that the City's financial resources are used as efficiently and effectively as possible. The focus of the financial incentives policy is achieving community objectives. Following is a summary of the consistency of the proposed 114 S. Dubuque Street redevelopment project with the stated community objectives of the economic development process and policies: 1. Increase taxable valuation of property, especially commercial and industrial. The 114 S. Dubuque Street project will be a mixed -used development that includes four floors of commercial space. The total estimated assessed value of the property will increase from $569,520 to $9,805,330. 2. Increase the number of jobs which have wages and fringe benefits exceeding the county median. The 114 S. Dubuque Street project will include four floors devoted to retail use and Class A office space. Although no location decisions have been announced, wages and fringe benefits associated with downtown office uses frequently exceed the county median. Management level positions in retail may also exceed county median wage and fringe benefit levels. 3. Redevelopment of blighted property. The current office use on the 114 S. Dubuque Street site is a viable economic property in well maintained condition. However, it is a significant underutilization of the parcel compared to the density of development allowed in the downtown area. The small size of the site inhibits the ability of onsite parking to be provided. This provides a tie to the State Code definition of "blighted area" which states "faulty lot layout in relation to size, adequacy, accessibility, or usefulness." (State Code 403.17) The more conventional slum and blight conditions are not present on the site. 4. Desirable projects which might not otherwise occur without financial incentives. The retail and office floors of the proposed new building may include uses which meet the desirable projects definition. The proposed price points for the 662 sq. ft. residential units meet the City's workforce housing definition, which is also listed in the desirable projects category. Standard operating procedure for requests for economic development financial assistance The request for financial assistance for 114 S. Dubuque Street has been through the standard operating procedure Council established for economic development financial assistance. In terms of intake and evaluation, we have been involved for over a year in negotiating and finalizing the various project elements with the developer. We have successfully worked with the developer in establishing project elements which include additional commercial /office floors beyond what is required by the zoning ordinance, and workforce housing. We have completed an in -depth financial gap analysis of the project using the services of the National Development Council, which is summarized in a following attachment. Informal discussions with community leaders have produced a favorable reaction to the proposed project. 2 March 9, 2012 Page 3 The due diligence phase of our evaluation is aided by the fact that the applicant is a known quantity with whom the City has worked successfully on other downtown projects. The Plaza Towers project is perhaps one of the best examples in the state of fulfilling the identified purpose of the State's TIF legislative statute. Assessed valuations in the TIF district were higher than projected, so TIF obligations were paid off 12 years early. The project was closed out, and now nearly $1 million per year in property taxes accrue to the City, the County and the School District from the Plaza Towers project. We are currently engaged with the developer in the rehabilitation of the Vito's building. That project is proceeding according to schedule. The development agreement, when drafted and presented to the City Council, will include performance measures that require the developer to complete the building in accordance with the concept plan proposed. The developer will agree to a minimum assessment agreement and provide additional securities as stipulated in the development agreement. Gap analysis and additional evaluation criteria The developer has been required to produce a gap analysis of why the $2.5 million in requested financial assistance is necessary. The City Council's stated goal is for the City's financial assistance to be the last dollars in, and that "but for" the City's assistance the project would not happen. The gap analysis is summarized in the attached report from the National Development Council. The City Council established several goals, objectives, and strategies for TIF projects. The developer's equity is required to at least equal or exceed the amount of TIF funds made available for the project, and this has been achieved on a roughly 25% TIF funds requested/75% developer equity basis. It is a goal but not a requirement for TIF funding to not exceed more than 50% of the TIF increment created. The suggested TIF funding arrangement is for the City to sell bonds in the amount necessary for the requested $2.5 million plus any necessary financing expense. The project is proposed to be funded by the estimated TIF increment over an approximately 18 year period. This financing mechanism funds the project from the rp olect value created. If TIF increment funds were made available from the larger TIF district, the 18 year repayment period could be shortened, but this is not being suggested. The eligibility goals, objectives, and strategies of the City's economic development process and policies call out office uses, retail uses, and housing which support stated economic development goals as eligible TIF projects. All of these are included in the 114 S. Dubuque Street project. Impact on City Plaza The property directly to the north of 114 S. Dubuque St. is Lot 4 of Block 6 of the Original Town plat of Iowa City. This property originally contained a private building which was acquired by the City and demolished in the 1970s as part of Urban Renewal. The original intention was to eventually market this property for redevelopment. Subsequently the City installed City Plaza (the "Ped Mall ") and created a mini park on Lot 4 that was intended to be of temporary use. In the 1990's the City Council formally took action by ordinance to add the mini park property to City Plaza and establish it permanently as public property. This action enabled windows and a door to be added to the west side of the Paul Helen Building. It also enables the windows and doorway that are proposed for the 114 S. Dubuque St. building. The City Attorney's Office is 3 March 9, 2012 Page 4 currently researching any additional issues regarding City Plaza being impacted by the proposed new building. Summary The request for financial assistance for the 114 S. Dubuque Street redevelopment project has been submitted for review according to the City's approved economic development process and policies. Staff recommends approval of the request. If approved at the March 13 City Council Economic Development Committee, it will be forwarded to the City Council for consideration at the April 3 City Council meeting. Staff and the applicant will be available at your March 13 EDC meeting to answer any questions. Attachments: 1. Developer's Request for Financial Assistance 2. Financial Gap Analysis cc: Tom Markus Geoff Fruin Kevin O'Malley Wendy Ford Steve Long Marc Moen ppddidmemos /114sdubuque. doc 4 MARC B. MOEN 221 E. COLLEGE STREET IOWA CITY, IOWA 52240 morcQmoengroup.com 319.. cell/text: cell www.moengroup.com February 27, 2012 City Council Economic Development Committee c/o Jeff Davidson, Director of Planning & Community Development 410 E. Washington Street Iowa City, IA 52240 RE: Proposed Development - 114 S. Dubuque Street Dear Jeff, I've enclosed materials on the project I am proposing for 114 S. Dubuque Street for submission to the City Council Economic Development Committee. The request for TIF financing is based on the break -even analysis set out below: Total Project Cost: $10,737,595 (see attached materials for breakdown) ANNUAL INCOME: Rent & Commercial Tenant Contributions: $ 784,592 ANNUAL EXPENSE: Property taxes: 226,360 Annual maintenance & repair: 68,454 Replacement Reserves: 3,423 Building Management: 48,462 Debt Service & 2.5 °�. return on other developer funding: 437,893* TOTAL: $ 784,592 Annual Net Profit/ Loss 0 *assumes $2,500,000 covered from TlFfinancing I would be pleased to answer any questions from you or the committee. Thank you for your consideration. facsimile: 319.358.6778 PROPOSED DEVELOPMENT - 114 S. DUBUQUE STREET - IOWA CITY IOWA FROM: Marc B. Moen TO: City Council Economic Development Committee c/o Jeff Davidson, Director of Planning & Community Development Date: February 27, 2012 SITE: 114 S. Dubuque Street abutting the east side of the Dubuque Street Pedestrian Plaza and the south side of Blackhawk Park. Site drawing (site 4114 outlined in redl and photo of site with existing building are set out below. - 'v%'ASHIN( kH-;1a R�, 129 207 LLs 114 CI Cr 118 PROPOSED PROJECT: 14 Story Mixed Use Development Uses & Square Footage >Level 1 Retail: 1,600 sq ft > Level 2 Retail /Office: 2,318 sq ft > Level 3 Office: 2,318 sq ft > Level 4 Office: 2,318 sq ft >Levels 5 -12 Residential 16 Units: 662 sq ft 8 Units: 1,039 sq ft >Levels 13 -14 Residential (two story units) 1 Unit: 1,973 sq ft 1 Unit: 1,941 sq ft First level preliminary floor plan: SUM Level Plan k =r-0' PROJECT COST: CONSTRUCTION + SITE COSTS $600,000 Site cost $8,664,606 Construction $601,030 Architectural & engineering fees $7,500 Survey $496,160 Furnishings & contribution to commercials ace fit out $30,000 Soil testing $50,000 Construction testing $23,302 Property tax 265 000 Construction interest $10,737,598 1 PROJECT COST PROJECT ANALYSIS: Rexibil�y. to respond to market demands The goal of the project is to attract new retail, office users, and permanent residential population to downtown Iowa City. All commercial and residential units in the building will be condominiums for lease or sale. At Plaza Towers, the flexibility to either lease or sell commercial and residential units proved very successful. Several thousand square feet of office space have been sold and several thousand square feet are leased. In the initial offering, 28 residential units were offered far sale. Fire buyers purchased 2 units each and combined them resulting initially in 23 separately owned residences. A number of those units have re- sold, some as 'many as four times'. The developer initially held 27 units as rentals. Fourteen of those 27 units have been sold. Including the re- sales, there have been 51 separate sales of residential units at Plaza Towers (i.e., 37 units have sold 51 times). Holding a stock of residential rental units provides a needed supply of apartments for area before purchasing a permanent home within the City. A number of Plaza' Towers condo owners leased units before purchasing. Proiect benefit to Iowa City Increased Property Valuation The development site is currently assessed at $550,350. It is anticipated that at completion of the project the assessed value will increase to $9,179,600 (nearly 17 times the current assessed value). It is further anticipated that the assessed value will continue to increase overtime. Added Retail & 92as A Office 91290 The project will add quality retail space and Class A office space as well as 26 residential units intended for permanent residents. Maretek, Inc., a consulting firm retained by Iowa City in 2007, concluded that there is "cause for caution" in developing office space downtown; that it is a "chicken -egg" situation. Maretek ultimately concluded that "a passive approach to downtown office development, however, would likely result in the achievement of only a fraction of its estimated potential." To reach full potential of office growth a proactive approach is vital. The Developer agrees with Maretek that Iowa City will not realize the full potential for downtown office users unless risk is first taken in developing the space to attract users. The same is true of quality retail space. If we wait for prospective retail and office tenants to come along without having quality space available or, at the very least, 'a project under construction, we will fail to capture [or even know) what the full potential is. Businesses seeking to attract bright, talented. creative and diverse employees will find downtown Iowa City extremely attractive. It is critically important that Iowa City be proactive in attracting these businesses. The development will attract quality jobs to downtown Iowa City and further enhance the vitality of the central business dstri The development will also bring to the site what was long ago proposed but never realized. During urban renewal, a multi story tower was proposed for this site. The site is well suited for infill development. The project will enhance other property in the area and is likely to encourage other development and redevelopment, Financial Assistance " uosted A financial analysis of the project shows that the project is not financially feasible without assistance. Developer requests TIF financing in the amount of $2.500DW. This assistance is based on a `gap analysis' which shows this assistance is necessary. Oil MEMORANDUM Date: February 28, 2012 To: Jeff Davidson, Director, Planning & Community Development, City of Iowa City From: Tom Jackson, Director, National Development Council Raquel Favela, Director, National Development Council CC: Steve Long, Community Development Coordinator, City of Iowa City RE: Review of Request for Financial Assistance for 114 S. Dubuque Street At your request, NDC has reviewed the materials submitted by Marc Moen in support of his request for gap financing in the amount of $2.5 million for the mixed -use tower proposed for the current site of the Wells Fargo branch bank at 114 S. Dubuque Street. NDC has also met with Mr. Moen on three occasions and has requested and discussed additional detail on project costs, operating assumptions and financing sources by phone and email. Over the course of our discussions with Mr. Moen, he has supported his assumptions regarding the project's development costs and operating revenues and expenses with increasing detail. Preliminary construction cost estimates have been provided in reasonable detail by an experienced general contractor and Mr. Moen's experience in operating several existing developments in Iowa City has advised his operating expense and revenue estimates for this project. Given the current status of the project's design (pre- schematic), development cost estimates are still preliminary. likewise, final decisions on the design and specification for both the residential and retail /commercial components of the project can impact the project's development costs, revenues, expenses and occupancy levels. All of the factors influenced by the final design will impact the amount of senior debt the project can attract. Mr. Moen has identified several potential lenders that he is in discussions with, but he does not have preliminary commitments or written terms from them at this time. His latest sources and uses estimates project bank financing of $4.75 million at 5.5% interest with a 25 -year amortization. Taken together with the gap financing request of $2.5 million, the project's sources and uses are projected as follows: Total Project Costs $10,737,598 Bank Loan $ 4,753,864 Requested Gap Financing 2,500,000 Required from Developer 3,483.734 Total Sources $10,737,598 NATIONAL DEVELOPMENT COUNCIL OP Mixed -Use Tower Development /Well Fargo Site February 28, 2012 Page 2 Given the estimates and projections Mr. Moen has pulled together for the project to date, the request for gap financing in the amount of $2.5 million is reasonable for the following reasons: 1) The amount of bank debt attracted to the deal has been maximized given the projected operating proforma and assumed underwriting criteria (1.25 debt coverage ratio, 75% loan to value) that are favorable to the project. The loan amount is also influenced by an assumed capitalization rate for the downtown Iowa City market of 7.0% which will be verified by an appraisal. 2) At $3,483,734, the amount of developer financing (equity, donated property, tenant improvement financing, etc.) required to meet the project's needs: a. Does not include a developer fee -which would normally range between 8 -15% of hard development costs. b. Does not include capitalized leasing commissions as Mr. Moen expects to provide these services through his management of the residential and commercial space. c. Has set the contingency at 5% of construction costs and does not currently include a soft cost contingency or capitalized lease -up, operating or replacement reserves. Both the contingency and reserve budgets will need to meet senior lender requirements, which may in turn require additional developer financing. d. Provides a cash -on -cash return (annual cash flow before taxes : developer financing) of 2.5% in Year 1 rising to 8.5% in year 10. These numbers provide slim margins in the early years of the project given risks of higher operating costs, lower occupancy rates and rents that may not hit initial estimates or escalate 4% /year as projected. e. Provides an internal rate of return (IRR) of 5.91% over 15 years, calculated by combining and compounding the projected cash flow, tax and appreciation benefits of the project. An IRR of 5.91% is below the desired returns of most investors looking to proceed with a project given predevelopment, construction and operating risks. While the project as presented supports a gap financing request of $2.5 million, the City of Iowa City must decide if it will dedicate resources in this amount. The developer returns outlined above assume that the City will finance the $2.5 million gap at an interest rate of 0 %. With a negotiated minimum assessment sufficient to generate an annual property tax increment of $165,000, the principal on the loan would be serviced in just over 15 years (15.15). To recapture financing costs and fees associated with making this loan available, the minimum assessment would need to be higher or the term longer than 15 years. Mr. Moen has stated that he expects the City's loan to be partially forgiven on an annual basis in an amount determined by the term of the loan and /or the collected tax increment. The City's risks in lending these funds against the commitment of future tax increments can be characterized as: 1) If the project does not perform to projections, it may fall short of generating sufficient revenue to maintain a positive cash flow. This risk is moderated by the current strength of Iowa City's market (low vacancy rates, strong rents, etc,) and the debt coverage ratio (DCR) assumed for the lender that leaves an operating cushion between their debt service and the project's Net Operating Income (N01). NATIONAL DEVELOPMENT COUNCIL Mixed -Use Tower Development /Well Fargo Site February 28, 2012 Page 3 2) On completion, the FMV is projected to be $6,255,619 based on a 7% cap rate and a stabilized NOI of $437,893. The as- complete appraisal may find a higher value for the project given further refinements to its operating assumptions and further improvements to the real estate market, and this would provide the City with additional collateral. The collateral risk can also be managed by securing personal and corporate guarantees from Mr. Moen, which he indicates was the practice in a prior development agreement he reached with the City. The City's risks and the projected low developer returns can both be potentially ameliorated by opportunities for the developer to sell - rather than rent — some, and eventually, all of the residential and retail /office units in the project. These sales can substantially reduce the senior debt and associated interest and principal payments and would also shift a portion of the burden of the minimum property tax assessment to new condo owners. By waiting for the project to stabilize and for the general real estate market to improve, Mr. Moen may also be able to capture additional appreciation which could benefit the City through tax collections based on those sales rather than just the negotiated minimum assessment. Conclusion: the project as presented demonstrates a need for gap financing in the amount of $2.5 million. If the secured bank commitment, project costs and /or appraised value are substantially different from what the developer has projected, NDC will review this evaluation as requested by the City. NATIONAL DEVELOPMENT COUNCIL IIF, M. Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -154 RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK L.L.C. WHEREAS, Central Park, L.L.C. ( "Developer") submitted a private redevelopment proposal titled "114 S. Dubuque Street ", which proposal consists of a mix of commercial and residential space, (hereinafter, "the Project "); and WHEREAS, this property is located within the City- University Project I Urban Renewal Area, and subject to the City - University Urban Renewal Plan, approved by City Council on October 2, 1969 (Resolution No. 2157), which plan has been modified and amended from time to time ( "Plan "); WHEREAS, the Economic Development Committee considered said application and voted to recommend approval to the City Council; and WHEREAS, City Staff has reviewed the application and proposed Developer's Agreement and recommends approval to the City Council; and WHEREAS, in exchange for the grant funds, the property owner has agreed to requirements stipulating the future use of the property and a minimum assessment amount of $5,760,000 for the Project and $1,273,430 for the property located at 225 S. Linn Street (currently occupied by The Bread Garden); and WHEREAS, it is the determination of this City Council that acceptance of the proposal of the Developer and approval of the Agreement for Private Redevelopment 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 THE CITY OF IOWA CITY, IOWA, THAT: 1. That the attached Agreement for Private Redevelopment by and between the City of Iowa City; Iowa and Central Park, L.L.C., as well as the Minimum Assessment Agreements incorporated by reference therein, is in the public interest of the residents of Iowa City. 2. That said Agreement 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 3. That the Mayor is authorized and directed to execute the Agreement in duplicate and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk; Resolution No. 12 -154 Page 2 4. That the Mayor and 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. 5. That the City Clerk is hereby authorized to record the Memorandum of Agreement in the Office of the Recorder, Johnson County, Iowa, at Developer's expense. 6. That the Mayor is authorized and directed to execute and the City Clerk to attest any parking covenant, in a form approved by the City Attorney, in the event that the Board of Adjustment approves a special exception for off -site parking in a municipal parking lot. 7. That the City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this 3rd day of April , 2012. Approved by ATTEST: CITY CLERK City Attorney's Office 3�2 Resolution No. 12 -154 Page 3 It was moved by Mims and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek _ Mims _ Payne x Throgmorton AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, and CENTRAL PARK,.L.L.C. 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 Exhibit F Off -Site Parking Covenant Exhibit G Temporary Use of Right -of -Way Agreement Exhibit H Minimum Assessment Agreement- 114 S. Dubuque Street Exhibit I Minimum Assessment Agreement- Plaza Towers Exhibit J Minimum Assessment Agreement- Plaza Towers Amendment No Exhibit K Memorandum of Agreement for Private Redevelopment Exhibit L Opinion of Counsel INTRODUCTION THIS AGREEMENT FOR PRIVATE REDEVELOPMENT is by and between the City of Iowa City, Iowa ( "City "), a municipality, established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Iowa Code Chapter 15A and 403 (2011), as amended, ( "Urban Renewal Act ") and Central Park, L.L.C. ( "Redeveloper "), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 102 E. College Street, Iowa City, Iowa. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City and the Redeveloper for the redevelopment of the property in downtown Iowa City locally known as 114 S. Dubuque Street, 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), which plan has been modified and amended from time to time (said plan, as amended, is hereinafter referred to as the "Urban Renewal Plan" or "Plan"); and WHEREAS, the Plan was adopted for urban renewal area ( "Project Area ") 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, the Redeveloper submitted a private redevelopment proposal titled "114 S. Dubuque Street ", which proposal consists of a mix of commercial and residential space, as shown on the Redeveloper's proposal, attached as Exhibit C, (hereinafter, "the Project ") and further described in Exhibit D "Minimum Improvements and Uses ", on property legally described on Exhibit E hereto (hereinafter "the Property" or the "Redevelopment Property "); 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, 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 and incorporating the uses outlined in this Agreement and the Redeveloper's proposal. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: PART Section 1. Construction and Uses. The Redeveloper's construction on 114 S. Dubuque will consist of a mixed -use structure generally consistent with the redevelopment proposal shown on Exhibit C as submitted by the Redeveloper on February 27, 2012, and as described more fully on Exhibit D ( "Minimum Improvements "). The Redeveloper hereby commits to a project that includes a minimum total of $10,737,598 in construction costs, inclusive of architectural fees. Section 2. Representations and Warranties of Redeveloper. The Redeveloper makes the following representations and warranties: (a) 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. (b) 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. (c) 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. (d) 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 (as defined in Section 301 hereof) approved by the City. (e) 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 4 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. If the final exterior design substantially deviates from the concept plan shown in Exhibit C, it shall be subject to approval by Council. (f) The Redeveloper will use its best efforts to obtain, in a timely manner, a special exception from the Board of Adjustment to allow for twelve (12) off -site parking spaces to be provided in a City -owned parking lot in accordance local ordinances and enter into an Off -Site Parking Covenant in a form substantially similar to that shown in Exhibit F, attached hereto, or in a form approved by the City Attorney. This agreement is contingent upon the receipt of such special exception and execution of said parking covenant, which must be completed prior to issuance of a foundation permit for construction of the Minimum Improvements on the Property. (g) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. (h) 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 6 of this Agreement. The Redeveloper estimates that the Assessor's Minimum Actual Value set forth in Section 6 of this Agreement is a reasonable estimate of the actual value for ad valorem tax purposes. (i) 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. 0) The Redeveloper shall proceed with due diligence to obtain construction financing commitments, which commitments shall 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 prior to the issuance of a foundation permit or the City's issuance of bonds, whichever is earlier, but in no event later than one year from the date of this Agreement, 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 and City. In the event such financing is not obtained by Redeveloper within one year from the date of this Agreement, Redeveloper or the City shall have the right to terminate this Agreement. 5 (k) 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 shall submit a written construction management plan to the Director of Public Works for his approval. The Redeveloper will coordinate staging for construction of the Minimum Improvements with the Public Works Director. Redeveloper shall obtain from the City a temporary use of right -of -way agreement in general accordance with the terms of the temporary use of right -of -way agreement, attached hereto as Exhibit G, for the purpose of staging construction of the Project within the Blackhawk Minipark right -of -way. No construction staging shall be allowed within the adjacent alleyway, which shall remain free of obstructions at all times, unless prior approval is obtained by the City Engineer. Section 3. Time for Commencement and Completion of Minimum Improvements. The construction of the Project and Minimum Improvements shall commence not later than one year from the date of this Agreement, and shall be completed on or before three years from the date of this Agreement. Section 4. Acquisition of Air Rights for Intrusions in to Right- of- Way and Special Exception for Off -Site Parking. In the event that the final construction drawings approved by the City pursuant to Article III herein show balconies intruding into or over the Blackhawk Minipark right -of -way, Redeveloper must purchase the air rights from the City to construct such intrusions. The cost of said property rights for balconies (assuming all balconies are constructed on the 3`d floor or above) shall be determined by the City as follows: the total square footage of all balconies multiplied by the square footage fair market value of the fee title multiplied by five (5) percent. Fair market value shall be established by appraisal obtained by Redeveloper at Redeveloper's sole expense. Redeveloper's purchase of air rights shall be a contingency of the foundation permit for construction of the Minimum Improvements on the Property and must be satisfied prior to issuance thereof. Prior to such acquisition, however, it may be necessary for the City to vacate such air rights in accordance with local and state law, as determined by the City. In such event, Redeveloper shall be responsible for submitting any necessary application for such vacation. Redeveloper shall make application to the Iowa City Board of Adjustment for approval of a special exception to allow off -site parking to satisfy the required parking for the Project, based upon the Construction Plans. This obligation shall be a contingency of the foundation permit for construction of the Minimum Improvements on the Property and must be satisfied prior to issuance thereof. In the event that the Board of Adjustment grants such special exception, Developer shall enter into a Parking Covenant in a form substantially similar to that shown in Exhibit F hereto, or in a form approved by the City Attorney. Section 5. Time for Certain Actions. 6 (a) Progress Reports and Time for Submission of Construction Plans. 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, but not less than quarterly during construction. Redeveloper agrees to provide to the City design development drawings showing preliminary floor plans, elevations and related information no later than 180 calendar days after the date of this Agreement. No formal response will be required from the City to these design development drawings. The City, however, will alert Redeveloper of any known 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 to the City in any event, pursuant to Article III hereof, shall be not later than 270 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, the time within which the Redeveloper shall submit any new or corrected Construction Plans as provided for in Section 301 shall be not later than thirty (30) calendar 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 hereof and are approved by the City shall be not later than thirty (30) 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 301 hereof, shall be thirty (30) calendar days after the date of the City's receipt of notice of such change. (e) Time for Submission of Evidence of Financing Ability. Prior to the issuance of a foundation permit or issuance of bonds, whichever is earlier, but in no event later than one year from the date of this Agreement, 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 Sections 301 and 20) hereof. Section 6. Minimum Assessment Agreement. The Redeveloper acknowledges and agrees that the grant to the Redeveloper provided for in Section 101 of this Agreement contemplates that the property tax revenues generated from the Project on the Property legally described in Exhibit E, attached hereto, and 225 S. Linn Street, currently owned by Plaza Towers, L.L.C., (hereinafter "Plaza Towers, LLC Property "), will be 7 sufficient to repay the cost of the bonds referred to in Section 101 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 in a form in substantial compliance with Exhibit H attached hereto, in order to establish a Minimum Actual Value for the land and Minimum Improvements for this Project, and to enter into an Amendment No. 1 to the Minimum Assessment Agreement for Plaza Towers in substantial compliance with Exhibit J attached hereto for the Plaza Towers, LLC 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, and all other charges whatsoever levied upon or assessed or placed against the Property and Minimum Improvements thereon and the Plaza Towers, LLC Property and further agrees that, prior to the final maturity date of all bonds, notes or other obligations issued by the City to finance its costs of the Project: (a) neither it nor the owners of condominium units sold will 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) neither it nor the owners of condominium units sold will 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; and (c) 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 and as more specifically outlined in Exhibit D Minimum Improvements and Uses, below the amount of $2,880,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the Property as of January 1, 2013, and below the amount of $5,760,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the Property as of January 1, 2014, and for the Plaza Towers, LLC Property below the amount of $1,273,430 as of January 1, 2012, ( "Minimum Actual Value ") through: (i) willful destruction of the Property or the Plaza Towers, LLC 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 Plaza Towers, LLC 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 Plaza Towers, LLC Property below the amount noted above; 8 (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 Plaza Towers, LLC Property below the amount noted above; (v) an action in any District Court of the State of Iowa seeking a reduction in the Minimum Actual Value of the Property or the Plaza Towers, LLC 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; or (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 101 hereof, cause or voluntarily permit the Property or the Plaza Towers, LLC 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 Plaza Towers, LLC 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 Plaza Towers, LLC Property at any time subject to the terms of this Agreement and the applicable Minimum Assessment Agreement. The Redeveloper agrees that it and its successors in interest, including owners of condominium units sold, is bound by the applicable Minimum Assessment Agreements attached as Exhibits H and J, fixing the Minimum Actual Value of the Property and the Plaza Towers, LLC Property as approved by the Assessor and the City as set forth herein. The Redeveloper shall provide to the City a title opinion showing all lienholders, and all such lienholders shall consent to the Minimum Assessment Agreements. The Redeveloper recognizes that the grant to the Redeveloper pursuant to the Agreement is conditional upon sufficient property taxes being generated by this Property and the Plaza Towers, LLC Property to repay the costs of the bonds issued to make such grant. The City will need property taxes from the Property and the Plaza Towers, LLC Property in the amounts and at the times set forth in the applicable Minimum Assessment Agreement. If for any reason the property taxes are less than the amount set forth in the applicable Minimum Assessment Agreement 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. If, for any reason, the assessor does not so increase the assessed value, Redeveloper shall make a payment to the City in the amount of the difference between the property tax revenue and the cost of the bonds. 9 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 2011, 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. The Redeveloper agrees that the difference between the Minimum Actual Value and the amount allocated to the residential condominium units for the Project will be allocated to the remainder of the Project. The Minimum Actual Values herein established shall be of no further force and effect and the Minimum Assessment Agreements shall terminate twenty (20) years from the issuance of the bonds or when the bonds are paid off, whichever is earlier. The Minimum Assessment Agreements 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 Johnson County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Property (or part thereof) and the Plaza Towers, LLC Property (or part thereof), whether voluntary or involuntary, and such Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage. If, for any reason, the Minimum Assessment Agreements are held to be invalid or unenforceable for any reason whether in whole or in part and the property tax revenue generated by the Project 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 7. 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 221 E. College Street, #1301, Iowa City, Iowa 52240, Attn: Marc B. Moen; and (b) In the case of the City, is addressed to or delivered personally to the City Manager at 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 8. Counterparts. The Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. U PART II ARTICLE I. CITY CONTRIBUTIONS TO PROJECT Section 101. Contributions by City_. The City 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 $2,700,000 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. In no event will the City sell any such bonds until Redeveloper has satisfied the financial commitment obligations stated in Part 1, Section 5, paragraph e and Article III, Section 303. The City shall have no obligation to issue bonds if the City has received a petition for an election as allowed under Iowa Code Section 384.24(3)(q) or subsequent enactment by the Iowa state legislature providing for the right of petition. (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 $2,500,000. 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. 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. The City shall, within 60 days after 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. Section 203. Access to Property. 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 February 27, 2012, and the Minimum Improvements shown on Exhibit D and as outlined in Section 1, Part I above, 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 5 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 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. Said plans, drawings, specifications, related documents, and progress schedule, together with any and all changes therein approved in writing by the City in accordance with Section 302 hereof, are, except as otherwise clearly indicated by the context, are collectively defined as "Construction Plans" with respect to the Minimum Improvements to be constructed. 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 then, 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 the time specified in Part 1, Section 5 hereto. 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 12 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 in Paragraph (b), Section 5 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 5 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. Approval of the Construction Plans by the City shall not relieve any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements as constructed. 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 5 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 5 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 13 Improvements thereon, and that such construction shall in any event begin within the period specified in Section 3 of Part I hereof and be completed within the period specified in such Section 3. It is intended and agreed, and each deed or other conveyance of the Property or any portion thereof 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. 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 subject to agreement by the City the completion date will be extended accordingly. 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 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. 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 14 Section 401. Restrictions on Use. The Redeveloper agrees for itself, its successors and assigns, that each deed or other conveyance shall contain covenants on the part of the Redeveloper for itself, such successors and assigns, that the Redeveloper and such successors and assigns, shall: (a) Use its best efforts to devote the Property only to, and in accordance with, the uses specified in the Urban Renewal Plan and the uses specified in Section 1, Part I of the Agreement, including Exhibits C and D; and (b) Not discriminate upon the basis of age, race, creed, color, disability, gender identity, marital status, sex, sexual orientation, religion, national origin, familial status, or the presence or absence of dependents or public assistance source of income 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, and any successor in interest to the Property, or any part thereof, against the Redeveloper, its successors and assigns, 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 subsections 401(a) and (b) hereof shall remain in effect until April 3, 2033. 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 April 3, 2033, 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 A, be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attorney's fees on appeal, if any. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT, TRANSFER Section 501. Representation as to Redevelopment. The Redeveloper represents and agrees that its 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 has not made or created, and that it will not, before completion of the Minimum Improvements and receipt of a Certificate of Completion pursuant to Section 306, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) Notwithstanding the restrictions set forth in subparagraph (a) of this Section 502, the Redeveloper may: 1. make such transfer or assignment only by way of security only for the purpose of obtaining financing necessary to enable the Redeveloper or and 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; and 16 3. sell commercial and residential 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 for 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 that relate to such part); 2. Any proposed transferee shall expressly assume, by instrument in writing satisfactory to the City and in form recordable among the land records, for itself, its successors and assigns, and expressly for the benefit of the City, all of the obligations of the Redeveloper under this Agreement and agree 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 that relate to such part), Provided that in the event any transferee or successor in interest to the Property, or any part thereof, does not, for whatever reason, expressly assume or agree to such obligations, conditions and restrictions, such lack of assumption or agreement shall not relieve or except such transferee or successor of such obligations, conditions, or restrictions; nor shall it deprive or limit the City of any rights, remedies or controls with respect to the Property or the construction of the Minimum Improvements unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City. It being the intent that, to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement, no transfer of or change of ownership in the Property, 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, remedies or controls provided in or resulting from this Agreement 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 17 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 The Redeveloper and its transferee or successor shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, That in the absence of a specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise, of its obligations with respect to the construction of the Minimum Improvements, or from any of its other obligations under this Agreement. Section 503. Information as to Parties in Control. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of this Agreement and completion of the Minimum Improvements as certified by the City, the Redeveloper will promptly notify the City of any and all changes whatsoever with respect to the identity of the parties in control of the Redeveloper or, the degree thereof, of which it or any of its officers or members have been notified or otherwise have knowledge or information. Section 504. Status of Redeveloper; Transfer of Substantially All Assets. As security for the obligations of the Redeveloper under this Agreement, the Redeveloper represents and agrees that prior to January 1, 2032, 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 18 interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage, 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 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). 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. 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, 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 known holder of any mortgage authorized by this Agreement at the last address of such holder shown in the records of the City. Section 604. Mortgagee's Option To Cure Defaults. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) 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 19 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. Subsequent to default or breach of this Agreement by the Redeveloper or successor in interest, in any case where 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 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) exercises the option to construct or complete the Minimum Improvements but does not complete such Minimum Improvements within the period 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 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: (a) have the option to pay to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby; or (b) in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to receive conveyance of title to the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum total of. (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Minimum Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. Every mortgage instrument made prior to completion of the Minimum Improvements with respect to the Property or any part thereof shall so provide. 20 Section 606. City's Option To Cure Mortgage Default. In the event the Redeveloper, or any successor in interest defaults or breaches its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof prior to the completion of the Minimum Improvements, the City may, at its option, cure such default or breach, in which case the City shall be entitled, 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, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by this Agreement, operation of law, or otherwise: Provided. That any such lien shall be subject always to the lien of (and any lien contemplated by, because of advances yet to be made,) 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 obtaining financing for the construction of the Minimum Improvements by the Redeveloper, the City agrees to subordinate its rights under 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 Redevelopment Property, the improvements thereon, or any portion thereof, or accept a deed to the Redevelopment Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Actual Value set forth in the Minimum Assessment Agreement and all the provisions of the Minimum Assessment Agreement. (b) In order to facilitate obtaining financing for the construction of the Minimum Improvements, the City agrees that it shall agree to any reasonable modification of this Article VI or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to the Project and the Urban Renewal Plan. The City also agrees to consider such modification(s) of this Article VI with respect to other holders, and to agree to such modifications if the City deems such modification(s) necessary and reasonable. ARTICLE VII. REMEDIES Section 701. In General. Except as otherwise provided in this Agreement, in the event of any default or breach of this Agreement, or any of its terms or conditions, by either party herein, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to commence to cure or remedy such default or breach and shall complete such cure or remedy within ninety (90) days after receipt of such notice. In case such action is not taken or diligently pursued, or the default or breach cannot be cured or remedied ai 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. Other Rights and Remedies of City; No Waiver by 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. 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 in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the City's rights with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. Section 703. 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 704. 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, 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 22 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, disability, familial status, presence or absence of dependents or public assistance source of income. The Redeveloper shall ensure 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. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 804. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement, in substantially the form attached as Exhibit K, 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 805. Governing. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 806. Administration of Agreement by City. The City Manager or designee shall administer the rights and obligations of the City hereunder. 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. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its authorized representative, on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA By &��A Matthew J. Hayek, Mayor 23 STATE OF IOWA COUNTY OF JOHNSON ATTEST: By: 7e Marian . Karr, City Clerk CENTRAL PARK, L.L.C. On this 3 114- day of AppiL-- , 20a, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek 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. SONDRAE FORT _ Commission Number 159791 My Commission Expires 0 3 17 STATE OF IOWA COUNTY OF JOHNSON Notary Public in and for the State of Iowa )SS This instrument was acknowledged before me on this 3 rd day of AMIL , 20/a, by Marc B. Moen and , as members of Central Park, L.L.C. o SONDRAE FORT 1 Commission Number 159791 So+ncin rr'C7 My Commission Expires Notary ublic in and for the State of Iowa 7 aol y City Attamey's Qf e 24 EXHIBIT A MAP OF URBAN RENEWAL AREA City-University Urban Renewal Area MARKET Z 0 . ..... . . Li lJ U) C1 7 < JEFFERSON UNIVERSITY OF IOWA ey Court 0 ST House Harris(. >n Uj HARRI� ON ST LLJ Hill Po K, ' ca w /erside ;z 0 cn �2f - D > ZI ey 25 Court 0 0 ffic e House Harris(. >n HARRI� ON ST LLJ Hill Po K, ' w /erside ;z 0 cn 0 - D ZI :D ct T < PRENTISS ST c) < > AVE WRIGHT South Riverside Original area 1969 Amended area 2001 qNV 25 EXHIBIT B LEGAL DESCRIPTION OF URBAN RENEWAL AREA Original Urban Renewal Area Beginning at a point on the north R.O.W. line of Burlington Street where it meets the east bank of the Iowa River; Thence easterly to the east R.O.W. line of vacated Front Street; Thence north to the north R.O.W. line of vacated College Street; Thence east along said R.O.W. line to the west R.O.W. line of Capitol Street; Thence north along said R.O.W. line to the centerline of Washington Street; Thence east along said centerline to the centerline of Linn Street; Thence south along said centerline to the south R.O.W. line of Court Street; Thence west along said R.O.W. line to the east bank of the Iowa River; Thence northerly along the east bank to the point of beginning. AND 2001 Amended Area Beginning at the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25; Thence south along the east R.O.W. line of Gilbert Street to the south R.O.W. line of Prentiss Street; Thence west along said south R.O.W. line to its intersection with Linn Street; Thence northeasterly along Ralston Creek to the west R.O.W. line of Maiden Lane; Thence north to the south R.O.W. line of Court Street; Thence west along said south R.O.W. line to the centerline of Linn Street; Thence north along said centerline to the centerline of Washington Street; Thence west along said centerline to the west R.O.W. line of Clinton Street; Thence north along said west R.O.W. line to the north R.O.W. line of Iowa Avenue; Thence east along said north R.O.W. line to the east R.O.W. line of Gilbert Street; Thence south along said east R.O.W. line to the point of beginning. 26 EXHIBIT C REDEVELOPER'S PROPOSAL MARC R. MOEN 221 E. COLLEGE STREET IOWA CITY, IOWA 52240 cell /text: CA 319.439.3019 319.358V78 February 97, 2012 City Council, Economic Development Committee c/o Jeff Davidson, Director of Planning 6 Community Development 410 E Washington Street Iowa City, IA 52240 RE,: Proposed Development 114 S. Dubuque Street Dear Jeff, I've driclosed materials on the project I am proposing for 114 S. Dubuque Street for submission to the City Council Economic Development Committee. The request for TIF financing is based on the break-even analysis set out below: Total P r —sat tCqst $10,737,598 [see attached (natatials far breakdown! p) ANNUAL INCOME.: Rent .& C66"6rcial Tenant Contributions: ANNUAL EXPENSE: Property taxev. Annual rhaiqteponce & repair: Replacenien't Reserves: Building Management Debt Serycff & 2.5% return on at her developer funding-, TOTAL- Annual Net Profit/ Loss assumes, $2,500,000 coveivd from TIF financinq $784.592 226.360 6.8,454 3,423 .48,462 437,893 $ 784.592 0 I would be pleased to answer any questions from you or the committee. Thank you for your consideration Sine ARC B. MOEN 27 28 PROPOSED DEVELOPMENT - 114 S. DUBUQUE STREET - IOWA CITY, IOWA FROM: Marc B. Moen TO: City Council Economic Development Committee c/o Jeff Davidson, Director of Planning & Community Development Date: February 27, 2012 SITE: 114 S. Dubuque Street abutting the east side of the Dubuque. Street Pedestrian Plaza and the south side of Blackhawk Park. Site drawing (site #114 outlined in red] and photo of site with existing building are set out below. cr I - C 29 PROPOSED PROJECT: 14 Story Mixed Use Development >Level 1 Retail: 1,600 sq ft' >Level 2 Retail /Office: 2.318 sq ft >Level 3 Office: 2.318 sq ft >Level 4 Office: 2;31 B sq ft >Levels 5-12 Residential 16 Units: 662 sq ft B Units: J.039 sq ft' >Levels 13 -14 Residential (two story units) 1 Unit 1,973 sq ft 1 Unit: 1.941 sq ft 30 First level preliminary floor plan: leering Fees cation to oco,ouc I r-ruperwwx '265 O Construction interest $1037,5se PROJECT COST 31 PROJECT ANALYSIS: Flexibility to respond to market demands The goal of the project is to attract new retail, office users, and permanent residential population to downtown Iowa City. All commercial and residential units in the building Will be condominiums for lease or sale_ At Plaza Towers, the flexibility to either lease or sell commercial and residential units proved very successful. Several thousand square feet of office space have been sold and several thousand square feet are [eased. In the initial offering, 26 residential units were offered for sale: Five buyers purchased 2 units each and combined them resulting initially in 23 separately owned residences. A number of those units have re- sold, some as many as fcur times: The developer initially held 27 units° as rentals. I Fourteen of those 27 units have been.. sold. Including the resales, there have been 51 separate sales of residential units at Plaza Towers [i.e., 37 units have sold 51 tames): Flojding a stock of residential rental units provides a needed supply of apartments for residents moving to Iowa City who wish to familiarize themselves with the Iowa City area before purchasing a permanent m .hoe within the City. A number of Plaza Towers condo awnere leased units before purchasing: Project benefit to Iowa Ci Increased Property Valuation The'davel pment site is currently assessed at $550,350. It is anticipated that at completio n . n of the project the assessed value will increase to $9,179,6 ©0 (nearly 17 times the current assessed value). It is further anticipated that the assessed value will continue to increase over time: Added Retail &'Class A'Office Space, The project will add quality retail space and Class A office space as well as 26 residential units intended for permanent residents. Maretek, Inc., a consulting firTn retained by Iowa City in 2007,. concluded that there is "cause for caution" in developing. office space downtown; that it is a "chicken -egg" situation. Maretek ultimately concluded that "a passive approach to downtown office development, however, would likely result in the achievement of only a fraction of its estimated potential." To reach full potential of office growth a proactive approach is vital: The Developer agrees with Maretek that Iowa City will not realize the full potential for downtown office users unless risk is first taken in developing the space to attract users. The same is true of quality retail space. If we wait for prospective retail 32 and office tenants to come along without having quality space available or, at the very least, a project under construction, we will fail to capture (or even know) what the full potential is. Businesses seeking to attract bright, talented, creative and diverse employees will find downtown Iowa City extremely attractive_ It is critically important that Iowa City be proactive in attracting these businesses. The development will attract quality jobs to downtown Iowa City and further enhance the vitality of the central business district. The development will also bring to the site what was long ago proposed but never realized [luring urban renewal, a multi story tower was proposed for this site. The site is well suited for infill development. The project will enhance other property in the area and is likely to encourage other development and redevelopment^. Financial Assistance Requested A financial analysis of the project shows that the project is not financially feasible without assistance. Developer requests TIF financirign the amount of $2,500,000: This assistance is based on a "gap analysis" +which shows this assistance is necessary. 33 EXHIBIT D MINIMUM IMPROVEMENTS AND USES On February 27, 2012, the Redeveloper submitted a Redevelopment proposal shown on Exhibit C for a private redevelopment project. The redevelopment proposal provided for a multi -use structure with a mix of retail, office and residential 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 1,600 square feet for retail; 7,000 square feet of Class A office space, as defined by the Iowa City Zoning Code, on Levels 2 -4; and 22,818 square feet of residential on Levels 5 -14. Such residential space shall consist of 16 one - bedroom units of 662 square feet each; 8 one - bedroom units of 1,039 square feet and may consist of two luxury units of 2,000 square feet. 2. The street level commercial uses should add to the activity and vitality of the downtown pedestrian mall throughout the day and into the evening. 3. The 16 one - bedroom units shall be workforce housing. Initial sales or leases will meet the following price point for workforce housing: the units shall be priced as affordable to persons earning up to 150% of the Area Median Income (AMI) as defined by the Department of Housing and Urban Development ($83,250 for a one person household or $95,100 for a two person household). 4. The Redeveloper shall provide, at a minimum, two (2) on -site parking spaces for residential use. 34 EXHIBIT E LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY The south 40 feet of Lot 4, Block 65, original town of Iowa City, Iowa, according to the recorded plat thereof; also commencing at a point 40 feet north of the southeast corner of said Lot 4, in Block 65, Iowa City Iowa: thence west 10 feet, thence north 4 feet, thence east 10 feet, thence south 4 feet to the place of beginning. 35 EXHIBIT F OFF -SITE PARKING COVENANT WHEREAS, Central Park, L.L.C. ( "Owner ") owns real estate locally known as 114 S. Dubuque St., Iowa City, Iowa, and legally described as the south 40 feet of Lot 4, Block 65, original town of Iowa City, Iowa, according to the recorded plat thereof; also commencing at a point 40 feet north of the southeast corner of said Lot 4, in Block 65, Iowa City Iowa: thence west 10 feet, thence north 4 feet, thence east 10 feet, thence south 4 feet to the place of beginning (the "Property "); and WHEREAS, Owner desires to construct a commercial and residential mixed -use building on the Property; and WHEREAS, in order to construct that building, Owner is required to provide 14 parking spaces pursuant to the ordinances of the City of Iowa City; and WHEREAS, Owner can provide two (2) of the required spaces on -site, but there is insufficient physical space upon the Property to provide the remaining 12 spaces on -site; and WHEREAS, the ordinances of the City of Iowa City allow for a portion of that parking to be provided off -site or in public facilities; and WHEREAS, Marc B. Moen, acting on behalf of Owner, submitted to the City of Iowa City an Application for Special Exception (EXC ); and WHEREAS, at a meeting on , the Board of Adjustment of the City of Iowa City granted the Special Exception allowing Owner to satisfy the parking requirement in a municipally -owned parking ramp; and WHEREAS, the terms of that Special Exception need to be incorporated into a Covenant running with the Property. NOW, THEREFORE, Owner imposes upon the Property the following Covenant for so long as the Property is used in the manner described in the Application for Special Exception and as allowed by the Board of Adjustment: 1. Owner shall satisfy at least 12 of the parking spaces required for development of the Property by acquiring permits from the City of Iowa City in the Ramp. 2. Owner shall compensate the City for those spaces at the then prevailing rental fee for those permits, upon the same terms and conditions as those permits would be offered to the general public. The terms and conditions of the lease of those spaces shall be set by the Director of Transportation Services of the City of Iowa City. 36 3. The off -site parking permits shall be made available by Owner to residential Tenants or Owners of the Property only, and at a cost no greater than the lease rate determined by the Director of Transportation Services of the City of Iowa City at the time of leasing. 4. Owner shall provide to the City's Director of Transportation the name, address, and license plate number of all permit holders. 5. This Covenant shall run with the land and bind the Owner and Owner's successors in interest until modified by mutual agreement of the then Owner and the City of Iowa City. 6. The Owner shall record this Covenant in the office of the Johnson County, Iowa Recorder at the Owner's expense. Dated as of this day of , 20 CENTRAL PARK, L.L.C. by: Marc B. Moen, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this Member and Manager of Central Park, L.L.C. day of , 20_ by Marc B. Moen, as Notary Public in and for the State of Iowa CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor By: Marian K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged 37 the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 38 EXHIBIT G TEMPORARY USE OF RIGHT -OF -WAY AGREEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY AND CENTRAL PARK, L.L.C., FOR USE OF A PORTION OF THE BLACKHAWK MINIPARK RIGHT OF WAY, IOWA CITY, IOWA. This Agreement is made by and between CENTRAL PARK, L.L.C., hereinafter "Central Park" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, Central Park, L.L.C. is the fee owner of certain real estate addressed as 114 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, Central Park desires to reconstruct 114 S. Dubuque, an in -fill construction project adjacent to the Blackhawk Minipark, recently designated as public right -of -way, in downtown Iowa City; and WHEREAS, this reconstruction will necessitate the closure of a portion of the public right -of -way in order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Central Park has requested the City permit the temporary closure of the (describe area needed); and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right -of -way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of a portion of the right -of -way, and finds the temporary closure to be a manageable intrusion into the public right -of -way, and also finds that such temporary closure is in the public interest. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, CENTRAL PARK AND THE CITY AGREE AS FOLLOWS: In consideration of the City's permission herein to temporarily close a portion of a City right - of -way during reconstruction of 114 S. Dubuque Street as described above, Central Park agrees to secure the construction site against pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, by providing adequate signage, and by securing all open excavations from pedestrians, thereby ensuring public safety. 2. In consideration of Central Park's promises herein, the City agrees to allow Central Park to temporarily fence and close (describe area needed). 3. Central Park agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: 39 a) route pedestrians through or around the closed area as approved by the City during construction; b) maintain access to adjacent properties; c) provide advance warning; d) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 4. Central Park shall be responsible for the removal, storage, and replacement of items located within the right -of -way which could be damaged during the construction. Items include, but are not limited to, benches, gazebos, bricks, planters, public art, downspouts, lighting and electrical services. 5. Central Park agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the public right -of -way under this Agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Central Park to temporarily close a portion of right -of -way adjacent to its property as described herein. Central Park further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Central Park shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. Central Park shall submit a certificate of insurance to the City prior to the commencement of construction. 6. After the construction is complete, Central Park agrees to restore any and all portions of the right -of -way substantially to its original condition. If Central Park fails to restore the right - of -way to the City's satisfaction as required in this paragraph, the City may restore the right -of -way, and the cost thereof shall be billed to Central Park for payment to City. Upon Central Park's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2011). 7. City and Central Park agree this Temporary Agreement shall remain in effect until completion of the Project, which shall commence on and is estimated to be complete no later than 8. Notwithstanding the above, Central Park agrees to cease and desist its temporary use and closure of the public right -of -way and to remove any and all obstructions from said right - of -way when any one of the following events occur: a) breach of this Agreement; b) the use of the property changes and /or the temporary use of the public right -of -way is no longer 40 needed or appropriate, as determined by the City; c) within thirty (30) calendar days after the City gives written notice of removal to Central Park. 9. If Central Park fails to remove any obstructions, barricades or signage from the public right -of -way as required in this paragraph, the City may remove the obstructions, barricades or signage, and the cost thereof shall be billed to Central Park for payment to City. Upon Central Park's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2011). 10. Central Park acknowledges and agrees that no property right is conferred by this grant of permission to use the public right -of -way; that the City is not empowered to grant a permanent use of its right -of -way for private purposes; and, notwithstanding Paragraph eight (8), that the City may order the said temporary use terminated at any time if, for any reason, the Public Works Director determines that the property is needed for a public use and should be cleared of any and all obstructions. 11. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 12. This Agreement for Temporary Use of Public Right -of -Way shall be recorded in the Johnson County Recorder's Office, at Central Park's expense. Dated this day of , 20_ CITY OF IOWA CITY CENTRAL PARK, L.L.C. LOIN Rick Fosse, Public Works Director Approved by: City Attorney's Office Marc B. Moen, Member CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard A. Fosse, to me personally known, and, who, being by me duly sworn, did say that he is the Public Works Director of the City of Iowa City, Iowa; that the foregoing instrument was signed on behalf of the City of Iowa City, by authority of its City Council, as contained in Resolution No. 00 -255 and passed by the City Council, on the 18th day of 41 July, 2000, and that Richard A. Fosse acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the City, by it voluntarily executed. Notary Public in and for the State of Iowa CENTRAL PARK, L.L.C. ACKNOWLEDGMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 20_, by Marc B. Moen and , as members of Central Park, L.L.C. Notary Public in and for the State of Iowa 42 EXHIBIT H MINIMUM ASSESSMENT AGREEMENT 114 S. Dubuque Street THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of , 2012, by and among the CITY OF IOWA CITY, IOWA, ( "City "), Central Park, L.L.C., an Iowa limited liability corporation, ( "Redeveloper "), and the CITY ASSESSOR of the City of Iowa City, Iowa ( "Assessor "). WITNESSETH: WHEREAS, it is contemplated that the Redeveloper will undertake the development of an area ( "Project ") within the City and within the "City- University 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 WHEREAS, pursuant to Iowa Code section 403.6 (2011), as amended, the City and the Redeveloper desire to establish a minimum actual value for the land locally known as 114 S. Dubuque Street, and legally described in Exhibit E to the Agreement for Private Redevelopment; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements to 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, 2013, a partial assessment shall be made fixing the minimum actual taxable value for assessment purposes for the land and Minimum Improvements to be constructed thereon by the Redeveloper at not less than $2,880,000 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, 2014, 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 $5,760,000 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, 2013. 43 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 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. If for any reason, the assessor does not so increase the assessed value, Redeveloper shall make a payment to the City in the amount of the difference between the property tax revenue and the cost of such bonds. 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 2011 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 $6,700,000 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. Nothing herein shall be deemed to waive the Redeveloper's rights under Iowa Code section 403.6(19) (2011), 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. Redeveloper has provided a title opinion to the City listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed consents to this Assessment Agreement, which consents are attached hereto and made a part hereof. 9. 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. 44 10. 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: Matthew J. Hayek, Mayor ATTEST: By: Marian K. Karr, City Clerk CENTRAL PARK, L.L.C. By: Marc B. Moen ATTEST: By: STATE OF IOWA COUNTY OF JOHNSON On this day of , 20_, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek 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. STATE OF IOWA Notary Public in and for the State of Iowa 45 )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 20_, by Marc B. Moen and , as members of Central Park, L.L.C. Notary Public in and for the State of Iowa 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 $5,760,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land and of the buildings thereon until the terms hereof. STATE OF IOWA COUNTY OF JOHNSON Dollars ($ ) the value termination of this Minimum Assessment Agreement pursuant to Assessor for Iowa City, Iowa Date Subscribed and sworn to before me by , Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date 46 SCHEDULE Y 114 S. Dubuque Street Assessment Valuation of $5,760,000 Partial assessment begins on January 1, 2013 ($2,880,000 valuation) Full assessment begins on January 1, 2014 Millage rate of $33.01166 per thousand Payment dates Increment TIF rate $33 Fiscal Year Total 7/1/2012 $ - $ - 10/1/2012 $ - $ - $ 4/112013 $ - $ - $ - 10/1/2013 $ - $ - 4/1/2014 $ - $ - $ - 10/1/2014 $2,880,000 $ 47,520 4/1/2015 $2,880,000 $ 47,520 $ 95,040.00 10/1/2015 $5,760,000 $ 95,040 4/1/2016 $5,760,000 $ 95,040 $ 190,080.00 1011/2016 $5,760,000 $ 95,040 4/1/2017 $5,760,000 $ 95,040 $ 190,080.00 10/1/2017 $5,760,000 $ 95,040 4/1/2018 $5,760,000 $ 95,040 $ 190,080.00 10/1/2018 $5,760,000 $ 95,040 4/1/2019 $5,760,000 $ 95,040 $ 190,080.00 10/1/2019 $5,760,000 $ 95,040 4/1/2020 $5,760,000 $ 95,040 $ 190,080.00 10/1/2020 $5,760,000 $ 95,040 4/1/2021 $5,760,000 $ 95,040 $ 190,080.00 10/1/2021 $5,760,000 $ 95,040 4/1/2022 $5,760,000 $ 95,040 $ 190,080.00 10/1/2022 $5,760,000 $ 95,040 4/1/2023 $5,760,000 $ 95,040 $ 190,080.00 10/1/2023 $5,760,000 $ 95,040 4/1/2024 $5,760,000 $ 95,040 $ 190,080.00 10/1/2024 $5,760,000 $ 95,040 4/1/2025 $5,760,000 $ 95,040 $ 190,080.00 10/1/2025 $5,760,000 $ 95,040 4/1/2026 $5,760,000 $ 95,040 $ 190,080.00 10/1/2026 $5,760,000 $ 95,040 4/1/2027 $5,760,000 $ 95,040 $ 190,080.00 10/1/2027 $5,760,000 $ 95,040 4/1/2028 $5,760,000 $ 95,040 $ 190,080.00 10/1/2028 $5,760,000 $ 95,040 4/1/2029 $5,760,000 $ 95,040 $ 190,080.00 10/1/2029 $5,760,000 $ 95,040 4/1/2030 $5,760,000 $ 95,040 $ 190,080.00 10/1/2030 $5,760,000 $ 95,040 47 4/1/2031 $5,760,000 $ 95,040 $ 190,080.00 10/1/2031 $5,760,000 $ 95,040 4/1/2032 $5,760,000 $ 95,040 $ 190,080.00 TOTAL: I 1 1 $3,326,400.00 48 EXHIBIT I (a/k/a Exhibit H to the Plaza Towers Agreement for the Sale of Land for Private Development) EXHIBIT H MINIMUM ASSESSMENT AGREEMENT — PLAZA TOWERS THIS MIN UM ASSESSMENT AGREEMENT, dated as of this '3o WL day of , 20 03, 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 into an Agreement for the Sale of Land for Private Development ( "Agreement ") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Redeveloper will undertake the. development of an area ( "Project ") within the City and within the "Central Business District Urban Renewal Area "; and . . WHEREAS, the. City .is making a significant grant of -funds to the Redeveloper which will allow the Redeveloper to construct the Project; and WHEREAS, the City will be reimbursed for such grant from the property tax revenues generated from the Project and the other development which the Redeveloper is presently constructing within the Central Business District Urban Renewal Area (the "Vogel Property"); and WHEREAS, pursuant to 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 E 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 50 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. ITY, IOWA By: rnes M a or ATTEST: By. 2V2-4-!2t)— Marian K. . Karr, City Clerk — 59 51 w WA STATE OF IOWA COUNTY OF JOHNSON ATTEST: By: Michael oen, Secretary On this �, . day of _ L, L.- ,— ;1.&— , 20P3 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 swore, 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. KELLIE K. TUTTLE i*ACommission Number 221819 My C mi on res 0. STATE OF IOWA } ) SS COUNTY OF JOHNSON ) Notary Public in and for the State of Iowa On this _ 0 day of C41 kly. _ 201, before me, the undersigned, a Notary Public in and for the hate of lowa, 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 ofthe limited liability company by authority of its members; and that Marc B. Moen as officer acknowledged the execution of the foregoing instrurri.ent to be the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. WOW 4' "� JOSEPHINE 8 HOLMES N ary P blic in and for the State of Iowa commission Number 224542 My Commission Expires Se temper 15.2005 60 52 STATE OF FLMA ),A } COUNTY OF ) SS On this . Z 5`,)` day of �� -1y� , 2003 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. KAWeen MdrSerr�m}r Notar Public in an for the State of �4 A' my comar bskn OD127522 4W Expires June 20, 2005 53 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 I3undred 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 DENNIS BALDRIDGE , Assessor for Iowa City, Iowa. o' a. Notary Oplic in anA for Johnson County,. wa 'Aft SYLVIA d COURTNRY * a * OffICE QE THE roke JOHNSON CO. RECORDER Date 62 54 SCHEDULE Y Plaza Towers Minimum Assessment Valuation of $22,265,000 Partial assesment begins on 111/05($10,000,000 valuation) Full assessment begins on 1/1/06 Millage rate of $28.50 per thousand Tax Estimated collection date taxes revenue 9/30/2002 $ 3/31/2003 $ - 9/30/2003 $ - 3131/2004 $ - 9/30/2004 $ - 3131/2005 $ - - 9/30/2005 $ - 3/31/2006 $ - 9/30/2006 $ 142,500 3131/2007 $ 442,500 9130/2007 $ 317,276 3/3112008 $ 317,276 9/30/2008 $ 317,276 3131/2009 $ 317,276 9/30/2009 $ 317,276 3/31/2010 $ 317,276 9130/2010 $ 317,276 3/31/2011 $ 317,276 9/30/2011 $ 317,276 3/31/2012 $ 317,276 9/30/2012 $ 317,276 3131 /2013 $ 317,276 9130/2013 $ 317,276 3/31/2014 $ 317,276 9130/2014 $ 317,276 3/31/2015 $ 317,276 9130/2015 $ 317,276 3/31/2016 $ •317,276 9/30/2016 $ 317,276 3/31/2017 $ 317,276 913012017 $ 317,276 3/31 /2018 $ 317,276 9/30/2018 $ 317,276 3/3112019 $ 317,276 9/30/2019 $ 317,276 3/31/2020 $ 317,276 9/30/2020 $ 317,276 3/31/2021 $ 317,276 9/3012021 $ 317,276 - 313112022 $ 317,276 9/30/2022 $ 317,276 3/3112023 $ 317,276 $10,437,840 63 55 EXHIBIT J MINIMUM ASSESSMENT AGREEMENT- PLAZA TOWERS AMENDMENT NO. 1 This Amendment No. 1 to the Minimum Assessment- Plaza Towers, dated this day of , 2012, by and among the City of Iowa City, Iowa ( "City "), Plaza Towers, L.L.C., an Iowa limited liability corporation ( "Plaza Towers "), Central Park, L.L.C. ( "Redeveloper "), and the City Assessor of the City of Iowa City, Iowa ( "Assessor "). WITNESSETH: WHEREAS, on June 30, 2003, the above - stated parties did enter into a Minimum Assessment Agreement for Plaza Towers, in conjunction with the execution of an Agreement for the Sale of Land for Private Development regarding certain real property located within the City, ( "Plaza Towers Development ") including 225 South Linn Street; and WHEREAS, Central Park, L.L.C. ( "Redeveloper ") now desires to enter into an agreement with the City for private redevelopment of the real property locally known as 114 S. Dubuque Street ( "114 S. Dubuque Street Agreement "); and WHEREAS, Marc B. Moen is a member of both the Plaza Towers, L.L.C. and the Central Park, L.L.C.; and WHEREAS, it is contemplated that pursuant to said 114 S. Dubuque Agreement, the Redeveloper will undertake the development of an area within the City- University Urban Renewal Area, located within the City's Central Business District: and WHEREAS, the city is making a significant grant of funds to the Redeveloper, which will allow the Redeveloper to construct the project in accordance with the 114 S. Dubuque Street Agreement; and WHEREAS, the City will be reimbursed for such grant from the property tax revenues generated from the 114 S. Dubuque Street project and 225 South Linn Street; and WHEREAS, as an inducement to the City to enter into the 114 S. Dubuque Street Agreement, Plaza Towers agreed to enter into this Amendment No. 1 to the Minimum Assessment Agreement -Plaza Towers; and WHEREAS, pursuant to Iowa Code Section 403.6 (2012), as amended, the parties hereto desire to amend the Minimum Assessment Agreement -Plaza Towers to extend the timeframe of minimum actual value for 225 South Linn Street. NOW THEREFORE, in the event that the Minimum Assessment Agreement -Plaza Towers is terminated or otherwise expires, the parties hereto agree to the following: 56 1. As of January 1, 2014, a full assessment shall be made fixing the minimum actual taxable value for assessment of 225 S. Linn Street, legally described as Unit 101, Plaza Towers Condominium, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3839, Page 565, Records of the Johnson County Recorder, together with said unit's interest in the common elements as defined by the Declaration, at $1,273,430, the current assessed value, after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ( "Minimum Actual Value "). 2. The Redeveloper and Plaza Towers recognize that the grant to the Redeveloper pursuant to the 114 S. Dubuque Street Agreement is conditional upon sufficient property taxes being generated by the 114 S. Dubuque Street Project and the 225 S. Linn Street Property to repay the costs of the bonds issued to make such grant. 3. The Minimum Actual Value 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. 4. Nothing herein shall be deemed to waive Plaza Tower's rights under Iowa Code section 403.6(19) (2011), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, except as set forth herein shall Plaza Towers seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 5. 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. 6. Redeveloper or Plaza Towers has provided a title opinion to City listing all lienholders of record as of the date of this Amendment No. 1 and all such lienholders have signed consents to this Amendment No. 1, which consents are attached hereto and made a part hereof. 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 Private Redevelopment between the City and Redeveloper. 8. This Amendment No. 1 to the Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. PLAZA TOWERS, L.L.C. BY: Marc B. Moen, Member CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor ATTEST: Marian K. Karr, City Clerk CENTRAL PARK, L.L.C. 57 By: Marc B. Moen, Member ATTEST: By: CITY OF IOWA CITY, IOWA ACKNOWLEDGEMENT STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of , 20_, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek 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 PLAZA TOWERS, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 20_, by Marc B. Moen and , as member of Plaza Towers, L.L.C. Notary Public in and for the State of Iowa CENTRAL PARK, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) 58 This instrument was acknowledged before me on this day of , 20_, by Marc B. Moen and , as members of Central Park, L.L.C. Notary Public in and for the State of Iowa CERTIFICATION OF ASSESSOR The undersigned Assessor, being legally responsible for the assessment of the property subject to this Amendment No. 1 to the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment shall not be less than $1,273,430 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land and Dollars ($ ) the value of the buildings thereon until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Iowa City, Iowa Date STATE OF IOWA COUNTY OF JOHNSON Subscribed and sworn to before me by , Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date 59 9(' MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City ") and Central Park, L.L.C. (the "Redeveloper "), did on or about the 3 r day of 1� , 2012, make, execute and deliver an Agreement for Private Redevelopment (the "Agreement "), wherein and whereby the Redeveloper agreed, in accordance with the terms of the Agreement and the City- University Urban Renewal Plan (the "Plan"), to develop certain real property located within the City and within the City- University Urban Renewal Area and as more particularly described as: The south 40 feet of Lot 4, Block 65, original town of Iowa City, Iowa, according to the recorded plat thereof, also commencing at a point 40 feet north of the southeast corner of said Lot 4, in Block 65, Iowa City Iowa: thence west 10 feet, thence north 4 feet, thence east 10 feet, thence south 4 feet to the place of beginning. and WHEREAS, the term of this Agreement shall commence on the 3rd day of April, 2012 and terminate twenty (20) years from the issuance of the bonds or when the bonds are paid off, whichever is earlier; 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 Private Redevelopment shall serve as notice to the public that the Agreement contains provisions restricting Redevelopment and use of the Redevelopment Property and the improvements located and operated on such Redevelopment Property, and further subjects the Redevelopment Property to a Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter 403, in which the City and the Redeveloper (and any successors or assigns) agree that, as of January 1, 2013, a partial assessment shall be made fixing the minimum actual value of the Redevelopment Property and all improvements located thereof for calculation of real property taxes at not less than $2,880,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the property, and that, as of January 1, 2014, a full assessment shall be made fixing the minimum actual value of the Redevelopment Property and all improvements located thereof for calculation of real property taxes at not less than $5,760,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the property; and that certain condominium units located within the Plaza. Towers Development. 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 60 Agreement 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 Private Redevelopment as of the 3 "L day of April, 2012. (SEAL) CITY OF IOWA CITY, IOWA t. By:�- n Matthew J. Hayek, ayor ••f as04 °; SEAL STATE OF IOWA COUNTY OF JOHNSON ATTEST: By: /f Ai arK. Karr, City Clerk CE LP L.C. 1 By: arc . Moen On this 3 rj day of , pz L- , 20i;, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek 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. =,�PAJDRAE FORT on Number 159791 mission Expires saaeca a °'S Notary Public in and for the State of Iowa 61 STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 3 "d day of App tj-- , 20la, by Marc B. Moen and , as members of Central Park, L.L.C. `ai SONDRAE FORT -S�� Gk !� . Commission Number 159791 Notary Public in and for the State of Iowa My commission Expires + 3 ? ao1s 62 EXHIBIT K ATE WHEREAS, the Ci of Iowa City, Iowa (the "City ") and Centr Park, L.L.C. (the "Redeveloper "), did on or a ut the _day of , 2011., w execute and deliver an Agreement for Priva Redevelopment (the "Agreement "), w erein and whereby the Redeveloper agreed, in accord e with the terms of the Agreement and the City- University Urban Renewal Plan (the "Plan ") to develop certain real property 1 ated within the City and within the City- University Urban R newal Area and as more particu ly described as: The south 40 feet of Lot 4, B ck 65, original town of lo City, Iowa, according to the recorded plat thereof; so commencing at a p int 40 feet north of the southeast corner of said Lot 4, i Block 65, Iowa City owa: thence west 10 feet, thence north 4 feet, thence east 10 feet, thence uth 4 feet to the place of beginning. and WHEREAS, the term of this Agri and terminate twenty (20) years from the whichever is earlier; and WHEREAS, the City, and the R Agreement referring to the Redevelopment NOW, THEREFORE, IT IS A commence on the 3rd day of April, 2012 of the bonds or when the bonds are paid off, desire to record a Memorandum of the 0 their respective interests therein. AS FOLL 1. That the recording of is Memorandum of Ag ement for Private Redevelopment shall serve as notice to the p blic that the Agreement contains provisions restricting Redevelopment and use of the Redevelopment Property and \Redee improvements located and operated on such Red evelopm t Property, and further subjects development Property to a Minimum Assessment Agree ent entered into under the authoriIowa Code Chapter 403, in which the City and the Re veloper (and any successors or assigree that, as of January 1, 2013, a partial assessme shall be made fixing the minimum ac ue of the Redevelopment Property and all impro ements located thereof for calculation l operty taxes at not less than $2,880,000 afte taking into consideration any factors su"ro 1- backs" which would reduce the taxable lue of the property, and that, as of January 14, full assessment shall be made fixing t minimum actual v alue of the Redevelopmenerty a d all improvements located thereof r calculation of real property taxes at not less t5,760,0 0 after taking into consideration ny factors such as "roll- backs" which would e the tax ble value of the property; an that certain condominium units located within the Towers D velopment. V l That all of the provisions of the Agreement and any subsequen amendments if any, even though not set forth herein, are by the filing of this Mem randum of .i Agreement 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 ai #ndments thereto if any, shall be maintained on file for public inspection during ordinary bu ness hours in the office of the City Clerk, City Hall, Iowa City, Iowa. IN WITNESS HEREOF, the City a/he developer have executed this Memorandum of Agreeme for Private Redevelop day of April, 2012. (SEAL) CITY TY, IOWA By: Matthe Mayor ATTEST: ian K. Karr, City Clerk PARK, L.L.C. By: Marc B. STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of , 20_, b ore me a Notary Public in and for said County, personally appeared Matthew J. Hayek an Marian K. Karr, to me personally known, o being duly sworn, did say that they are the Mayor and City Clerk, respectively of the ity of Iowa City, Iowa, a Municipal Corporation, cre ted and existing under the laws of the St e of Iowa, and that the seal affixed to the foregoing in ent is the seal of said Municipal orporation, and that said instrument was signed and seale on behalf of said Municipal Co oration by authority and resolution of its City Council and sai Mayor and City Clerk ackno edged said instrument to be the free act and deed of said Munic' al Corporation by it volunt ily executed. Notary Public in and for the State of Iowa 61 STATE OF COUNTY OI This instrume B. Moen and 62 EXHIBIT L 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 Central Park, L.L.C. City Representatives: We have acted as counsel for Central Park, L.L.C., an Iowa limited liability company (the "Company "), in connection with the execution and delivery of a certain Agreement for Private Redevelopment (the "Redevelopment Agreement ") between the Company and the City of Iowa City, Iowa (the "City ") dated as of 12012. 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 was duly organized and validly exists 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 was 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 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 63 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, 64 Prepared by: Sara Greenwo�d Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa CiVf A 52240, 356 -5030 RESOLUTION NO. RESOLUTION A NU.C. G AN AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF OWA CITY, IOWA, AND CENTRAL PARWHEREAS, Central Park, L veloper") submitted a ivate redevelopment proposal titled "114 S. Dubuque Street ", whal consists of a mix f commercial and residential space, (hereinafter, "the Project "); and WHEREAS, this property is located wit 'n the Ci, subject to the City- University Urban Rene al Plan, (Resolution No. 2157), which plan has been nVdified WHEREAS, the Economic Development recommend approval to the City Council; ity Project I Urban Renewal Area, and J by City Council on October 2, 1969 led from time to time ( "Plan "); considered said application and voted to WHEREAS, City Staff has reviewed the a Ii ation and proposed Developer's Agreement and recommends approval to the City Council; nd WHEREAS, in exchange for the /gran nds, th propert y owner has agreed to requirements stipulating the future use of the pand a mi 'mum assessment amount of $5,760,000 for the Project and $1,273,430 for thty located t 225 S. Linn Street (currently occupied by The Bread Garden); and WHEREAS, it is the determin ion of this City Council that acceptance of the proposal of the Developer and approval oft Agreement for Private Re evelopment is in the public interest of the residents of the City and 's consistent with the purposes and objectives of the Plan. NOW, THEREFORE, B IT RESOLVED BY THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That the atta ed Agreement for Private Redevelopment y and between the City of Iowa City, Iowa nd Central Park, L.L.C., as well as the Mini um Assessment Agreements incorporat d by reference therein, is in the public interest of a residents of Iowa City. 2. That s d Agreement is consistent with and authorized by the ban Renewal Plan and all appli ble State and federal laws, including but not limited to wa Code Chapters 15A an 403; and 3. ,that the Mayor is authorized and directed to execute the Agreemen and the City Clerk is /authorized and directed to attest his signature and to affix the seal of tN City Clerk; That the Mayor and City Clerk be and they are hereby authorized and d ected to take all such actions and do all such things as they shall determine to be necessa or appropriate to ensure the City's performance as provided therein. Resolution No. Page 2 5. That the City Cler is hereby authorized to record said Agreem nt in the Office of the Recorder, Johnson ounty, Iowa, at Developer's expense. 6. That the Mayor is au orized and directed to execute and he City Clerk to attest any parking covenant, in a f m approved by the City Attorney in the event that the Board of Adjustment approves a sp ial exception for off -site parki g in a municipal parking lot. 7. That the City Manager is Private Redevelopment. Passed and approved this ATTEST: CITY CLERK authorized to admini day YO the terms of the Agreement for 2012. App //roved by P4Ct[0- 410117uI;m/ City Attorney's Office T/a &// I 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 Exhibit F Off -S e Parking Covenant Exhibit G Tempo ight -of -Way Agreement Exhibit H Miniment Agreement- 114 S. Dubuque Street Exhibit I Miniment Agreement- Plaza Towers \Couns Exhibit J Amendo Minimum Assessment Agreemen I Exhibit K Memorgreement Exhibit L Opinio 2 Towers INTRODUCTION THIS AGREEMENT FOR PRIVATE REDEVELOPMENT is by and between the ity of Iowa City, Iowa, a m icipality ( "City "), established pursuant to the Code of Iowa oft State of Iowa and acting unde the authorization of Iowa Code Chapter 15A and 403 011), as amended, ( "Urban Renew Act ") and Central Park, L.L.C. (hereinafter re rred to as "Redeveloper "), a limited liabi 'ty company organized under the laws of the St e of Iowa and having an office for the transacti of business at 102 E. College Street, low City, Iowa. This agreement outlines the terms and onditions, and the relative rights and r ponsibilities of the City and the Redeveloper for the re velopment of the property in dow own Iowa City known as 114 S. Dubuque Street, an urban re wal parcel. WITNESSETH: WHEREAS, in furtherance of the bjectives of the rban Renewal Act, the City has undertaken a program for the clearance and r onstruction rehabilitation of certain areas in the City and has undertaken an economic develop ent area i he City; and WHEREAS, on October 2, 1969, the Io ity City Council adopted Resolution No. 2157 approving the City- University Project I Urb enewal Plan (Project No. IA R -14), which plan has been modified and amended from tim �nt o ,me (said plan, as amended is hereinafter referred to as the "Urban Renewal Plan" or "PI A WHEREAS, the Plan was adopted or urban ren wal area ( "Project Area ") shown on Exhibit "A" and legally described on Exh' it "B "; and WHEREAS, a copy of the J/rban Renewal Plan as onstituted on the date of this Agreement has been recorded amo the land records in the of ce of the Recorder of Johnson County, Iowa; and WHEREAS, such Urldn Renewal Plan permits the City tlQ respond to development opportunities as and when th may appear; and \ WHEREAS, the edeveloper submitted a private redevelop men proposal titled "114 S. Dubuque Street ", whi proposal consists of a mix of commercial an residential space, as shown on the Redev oper's proposal, attached as Exhibit "C" (hereinaft r, "the Project ") and the description of nimum Improvements and Uses, attached as Exhibit " ' on property legally described on Exh' it E hereto (hereinafter "the Property" or the "Redevelop nt Property "; and Zene HE AS, the City has determined the Project is consistent with and uthorized by the Urban al Plan and all applicable State and federal laws, including but no limited to Iowa Code Cha ers I SA and 403; and HEREAS, the Redeveloper is willing to develop or cause the Property to 'be developed fora in accordance with the uses specified in the Urban Renewal Plan and in accordance with 3 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 promises and the mutual obligations parties hereto, each of them does hereby covenant and agree with the other as follows: PART Section 1. The Redeveloper's construct, on 114 S. Dubuque will consist of fixed -use structure generally consistent with the redevelop ent proposal shown on Exhibit " " as submitted by the Redeveloper on February 27, 2012, an as described more fully o Exhibit D (Minimum Improvements and Uses). The Redevel er hereby commits to/d Project that includes a minimum total of $10,737,598 in constructio costs, inclusive of ar itectural fees. Section 2. Representations and V1 the following representations and warranties: The Redeveloper makes (a) The Redeveloper is a limited liabil)ate(f any, duly organized under the laws of the State of Iowa, has power to enter into thiment and to perform its obligations hereunder, and is not in violation of any provisits articles of organization, operating agreement, any other agreement or the laws of the Iowa. (b) The Red eveloper has the full p er and a hority to execute this Agreement and this Agreement shall constitute the legal, v lid and bind, g obligation of the Redeveloper in accordance with its terms, and the conse of no other p is required for the execution and delivery of this Agreement by the developer or the nsummation of the transaction contemplated hereby. (c) The making and p formance of this Agreement by the Redeveloper and the execution and delivery of the do uments to be delivered by the edeveloper pursuant hereto, have been duly authorized by necessary action of the Redevelop r, and this Agreement and such documents will be val'd and binding obligations of the Re eveloper enforceable in accordance with their terms. (d) The Rede eloper will cause the Minimum Improvemen\bnot constructed, operated and maintain in accordance with the terms of this Agreemenban Renewal Plan and all local, ate and federal laws and regulations (including limited to, environmental, zo ng, energy conservation, building code and pubth laws and regulations), exc t for minor variances necessary to construct the Mimprovements contained in an Construction Plans approved by the City. (e) The Redeveloper will use its best efforts to obtain, or cause to be o ained, in a timely m er, all required permits, licenses and approvals, and will meet, in a time manner, all requ' ements of all applicable local, state, and federal laws and regulations whic must be obtain d or met before the Minimum Improvements may be lawfully constructe . The 4 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. If the final ex error design substantially deviates from the concept plan shown in Exhibit C, it shall be approved by Council. (f) The Redevel per zill use its best efforts to obtain, in a timely manner, special exception from the Board o \btos ent to allow for twelve (12) off -site parking aces to be provided in a City -owned pn accordance local ordinances and enter i o an Off -Site Parking Covenant in a form lly similar to that shown in Exhibit F, a ched hereto, or in a form approved by the Cey. This agreement is contingent upo e receipt of such special exception and execid parking covenant, which must completed prior to issuance of a foundation perstruction of the Minimum Improv ments on the Property. (g) The execution and de 'vc transactions contemplated hereby, and conditions of this Agreement are not pre breach of, the terms, conditions or pro indebtedness, agreement or instrument of party or by which it is bound, nor do they c of this Agreement the consummation of the fulfillment of or c ,pinpliance with the terms and ited by, limited b /, in conflict with, or result in a ;ions of any c 4ntractual restriction, evidence of siatever natur to which the Redeveloper is now a 'tute a de ult under any of the foregoing. (h) The Redeveloper will spend n gh in construction of the Minimum Improvements, when combined with the value of e Property and related site improvements, to equal or exceed the Assessor's Minimum Actu Va e set forth in Section 6 of this Agreement. The Redeveloper estimates that the Assessor' Mini m Actual Value set forth in Section 6 of this Agreement is a reasonable estimate of t e actual va e for ad valorem tax purposes. (i) The Redeveloper has n received any n tice from any local, state or federal official that the activities of the Re eveloper with respe to the Property may or will be in violation of any environmental la or regulation (other th those notices, if any, of which the City has been notified). The R developer is not aware of y State or federal claim filed or planned to be filed by any arty relating to any violation of any local, State or federal environmental law, regulati or review procedure, and the R developer is not aware of any violation of any local, Stat or federal law, regulation or review p cedure which would give any person a valid claim and any State or federal environmental statut . (j) The edeveloper shall proceed with due diligenc to obtain construction financing commit ents, which commitments shall be sufficient toe ble the Redeveloper to successfully co plete the Minimum Improvements as contemplate in this Agreement. Redeveloper ill obtain all financing commitments necessary for th construction of the Minimum I rovements prior to the issuance of a foundation permit or t City's issuance of bonds, wh' hever is earlier, but in no event later than one year from the date of this Agreement, and pro 'de a copy of such commitments to the City by such date. This agree ent is contingent upon edeveloper obtaining financing upon terms and conditions satisfacto to Redeveloper and ity. In the event such financing is not obtained by Redeveloper within on year from the d e of this Agreement, Redeveloper or the City shall have the right to terminate thi agreement. 5 (k) 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 shall submit a written construction management plan to the Director of Public Works for his approval. The Redeveloper 11 coordinate staging for construction of the Minimum Improvements with the Public or Director. Redeveloper sh 11 obtain from the City a temporary use of right -of -way i general accordance with the terms of the temporary use of right -of -way agreement, attache ereto as Exhibit G, for the purpose f staging construction of the Project within the Blac Hawk Park right -of -way. No construction taging shall be allowed within the adjacent alleyw y, which shall remain free of obstructions at al 'roes, unless prior approval is obtained by the ity Engineer. Section 3. Time for The construction of the Project and Minimum Improvement referred to in Section I hereof shall commence not later than o year from the date oft 's Agreement, and shall be completed on or before three years from th date of this Agreemen . Section 4. Acquisition of Air Exception for Off -Site Parking. In the event that the final construction dra ing III herein show balconies intruding int/tie r the must purchase the air rights from the onst t rights for balconies (assuming all balre ons determined by the City as follows: ths uare i square footage fair market value of th multig shall be established by appraisal oby Red, Redeveloper's purchase of air rightbe a cc construction of the Minimum Impro on the in Xpproved by the City pursuant to Article .ck Hawk Park right -of -way, Redeveloper such intrusions. The cost of said property acted on the 3rd floor or above) shall be tage of all balconies multiplied by the i by five (5) percent. Fair market value vel er at Redeveloper's sole expense. ntin ncy of the foundation permit for Prope y and must be satisfied prior to issuance thereof. Prior to such acqui tion, however, it may b necessary for the City to vacate such air rights in accordance with cal and state law, as dete ined by the City. In such event, Redeveloper shall be responsible or submitting any necessary ap lication for such vacation. Redeveloper shall m application to the Iowa City Board Adjustment for approval of a special exception to allo off -site parking to satisfy the required pa king for the Project, based upon the Constru/rinto PI s. This obligation shall be a contingency o he foundation permit for construction of tum Improvements on the Property and m t be satisfied prior to issuance thereof. vent that the Board of Adjustment grants s ch special exception, Developer shall a Parking Covenant in a form substanti ally si 'lar to that shown in Exhibit F hereto, m approved by the City Attorney. io 4 5. Time for Certain Actions. (a Progress Reports and Time for Submission of Construction Plans. Redeveloper will kego the City informed regarding the status of the project by responding to in uiries from 6 representatives of the City and furnishing progress reports as reasonably requested, but not less than quarterly during construction. Redeveloper agrees to provide to the City design development drawings showing preliminary floor plans, elevations and related information no later than 180 calendar days after the date of this Agreement. No formal response will be required from the City to these design development drawings. The City, however, will a rt Redeveloper of any kn wn code violations or other design issues t/ha d impa the acceptance of the Const ction Plans. The time within which the Redevall s mit its initial "Construction Plan ' (as defined in Section 301 hereof) to the City e , pursuant to Article III hereof, shall not later than 270 calendar days from the Agreement. Within 30 calendar days of \baseon l, the City shall review and approct and make recommendations for correc said Construction Plans. The view of said Construction Plans shall be the Urban Renewal Plan, all apodes and any additional requirements impoe Redeveloper under this Agreemen (b) Time for Submission o Paragraph (c) of this Section, the time corrected Construction Plans as provided calendar days after the date the Redevelo rejection and recommendations for correc such notice. ected Construction PlaiA. Except as provided in i which the Redevelo er shall submit any new or in Section 301 sh be not later than thirty (30) receives written tice from the City of the City's � to the Constru ion Plans referred to in the latest (c) Maximum Time for Approved Con which the Redeveloper shall submit Construction Section 301 hereof and are approved by the City s after the date the Redeveloper receives written n and recommendations for corrections to the or' i Redeveloper. (d) Time for City Acti City may reject any change in the thirty (30) calendar days after the (e) Time for Subm foundation permit or issuance from the date of this Agreemc to the City that the Redevel mortgage financing neces y Section 301 hereof. Section 6. c Von Plans. In any event, the time within s which conform to the requirements of not later than thirty (30) calendar days fr m the City of the City's first rejection Co n traction Plans submitted to it by the }range in Construction action Plans, as providec the City's receipt of noti . The time within which the Section 301 hereof, shall be f such change. )Ybonds, whichever is earlier, but in no t, the Redeveloper shall submit to the I ;r has the financial ability and commitn for construction of the Minimum Impr Prior to the issuance of a Vent later than one year -i evidence satisfactory lent for construction and )vem nts, as provided in The Red eloper acknowledges and agrees that the grant to the Redevelope rovided for in Section 101 f this Agreement contemplates that the property tax revenues genera d from the Project legal described in Exhibit E, attached hereto, and 225 S. Linn Street, curre tly owned by PlaVch wers, L.L.C., (hereinafter "Plaza Towers, LLC Property "), will be sufficien to repay the cohe bonds referred to in Section 101 of this Agreement. In order to induce th City to make grant and is sue such bonds, Redeveloper agrees to enter into a Minimum Ass ssment 7 Agreement in a form in substantial compliance with Exhibit H attached hereto, in order to establish a Minimum Actual Value for the land and Minimum Improvements for this Project and to enter into an Amendment No. 1 to the Minimum Assessment Agreement for Plaza Towers in substantial compliance with Exhibit J attached hereto for the Plaza Towers, LLC Property. The Redeveloper acknowledges and agrees that it, or the owners of con ominium units sold, will pay when due all taxes and assessments, general or special, and 11 other charges whatsoever levied upon r assessed or placed against the Property and in um Improvements thereon and the Plaza T ers, LLC Property and further agrees that, prio to the final maturity date of all bonds, notes or ther obligations issued by the City to finance ' s costs of the Project: (a) neither it nor a owners of condominium units sol will seek administrative or judicial review of the applicabi 'ty of any tax statute determined any official to be applicable to the Property or the Redevelo er, or the owners of condo inium units sold, or raise the inapplicability of any such tax stat a as a defense in any pro eedings, including delinquent tax proceedings; (b) neither it nor the owners f condomini units sold will seek administrative or judicial review of the constitutionality any tax atute determined by any official to be applicable to the Property or the Redevelop or the wners of condominium units sold, or raise the unconstitutionality of any such tax sta ute a defense in any proceedings, including delinquent tax proceedings; (c) it will not cause a reduction i t taxable valuation upon which real property taxes are paid with respect to the Project whic consists of a multi -use structure generally consistent with the redevelopment prop sal sho on Exhibit "C" as submitted by the Redeveloper (and as more specifically o ined in Ex h it D Minimum Improvements and Uses), below the amount of $2,880,000 after ing into consi eration any factors such as "roll- backs" which would reduce the taxable val of the property s of January 1, 2013, and below the amount of $5,760,000 after taking nto consideration an factors such as "roll- backs" which would reduce the taxable value of e property as of Janu 1, 2014, and for the Plaza Towers, LLC Property below the amou t of $1,273,430 as of Jan ary 1, 2012, ( "Minimum Actual Value ") through: (i) willf destruction of the Property or the P11Qza Towers, LLC Property, or any part thereof; /lewof request to the City Assessor of Iowa City, Io a to reduce the Minimum Act the Property or the Plaza Towers, LLC Propert below the amount noted abo appeal to the Board of Review of the City of Io City or to the Board of hnson County to reduce the Minimum Actual Value f the Property or the Pla LC Property below the amount noted above; 8 (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 Plaza Towers, LLC Property below the amount noted above; (v) an action in any District Court of the State of Iowa s/tState tion in the Minimum Actu Value of the Property or the Plaza Towers, LL low the amount noted above; (vi) an appli tion to the Director of Revenue and Financ of f Iowa requesting an abatement real property ta xes pursuant to any presetute or ordinance; (vii) any other procee %'ngs, whether administrative, le al or equitable, with any administrative body within the f Iowa City, Johnson Co ty, or the State of Iowa or within any court of the State of or the federal governmytit. The Redeveloper or owners of con mini maturity date of the bonds, notes, or other o ati Contribution to the Project, as outlined in Sect n Property or the Plaza Towers, LLC Property to permitted herein); to be taxable at an amount less t to be owned by a utility or any other entity of a type of such entity is not treated as located within the P entity having tax exempt status; or apply for a e Plaza Towers, LLC Property pursuant to any r contained herein is intended to, and shall no be c um units V Id shall not, prior to the final ons issue by the City to finance its costs of 101 h eof, cause or voluntarily permit the come other than taxable property (except as an a Minimum Actual Value noted above; ere the assessed value of taxable property Jel t Area in its entirety; to be owned by any ferra of property tax on the Property or the ent o future statute or ordinance. Nothing onstrue to, in any way limit Redeveloper's right to sell condominium units in the Pro' ct or the Plaza Towers, LLC Property at any time subject to the terms of this Agreement an he applicable Mini um Assessment Agreement. The Redeveloper agrees TatCt and its successors in 'nterest, including owners of condominium units sold, is bound applicable Minimum Ass ssment Agreements attached as Exhibits H and J, fixing /te imum Actual Value of the Pro rty and the Plaza Towers, LLC Property as approved by ssessor and the City as set fort herein. The Redeveloper shall provide to the City a tion showing all lienholders, and 1 such lienholders shall consent to the Minimum Ass Agreements. The Re developer cognizes that the grant to the Redeveloper pursu t to the Agreement is conditional upon su icient property taxes being generated by this Prop rty and the Plaza Towers, LLC Prope to repay the costs of the bonds issued to make such gr t. The City will need property taxes rom the Property and the Plaza Towers, LLC Property in th amounts and at the times set fort in Schedule Y to the applicable Minimum Assessment Agree nt. If for any reason the prop rty taxes are less than the amount set forth on Schedule Y for any scal year, the assessor shal increase the assessed value of the Project for the next fiscal year in amount to cover such property tax deficiency. If, for any reason, the assessor does not so i crease the assessed alue, Redeveloper shall make a payment to the City in the amount of the ifference betwee the property tax revenue and the cost of the bonds. 9 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 2011, 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. The Redeveloper agrees that the difference between the Minimum Actual Value and the amount allocated to the residential condominium units for the Project will be \llocated to the remainder of the Project. The Minimum Actual clues herein established shall be of no furthe orce and effect and the Minimum Assessment Nreements shall terminate twenty (20) year from the issuance of the bonds or when the bonds are aid off, whichever is earlier. The Minimum Assessment Agr ments shall be certified by t Assessor for the City as provided in Iowa Code Section 403.6( ) and shall be filed for ecmd in the office of the Johnson County Recorder, and such ling shall cons titut notice to any subsequent encumbrancer or purchaser of the Property r part thereof) and e Plaza Towers, LLC Property (or part thereof), whether voluntary or invol tary, and such inimum Assessment Agreement shall be binding and enforceable in its enti ety against y such subsequent purchaser or encumbrancer, including the holder of any First ortgage If, for any reason, the Minimum Asses t Agreement is held to be invalid or unenforceable for any reason whether in whole or i art and the property tax revenue generated by the Project is insufficient to pay the cost of t b nds as they become due, the Redeveloper agrees to make a contractual payment to the C' in e amount of the difference between the amount of the property tax revenue and such c st of the nds. Section 7. Notices A notice, demand or other co unication under thi Agreement by either party to the other shall be sufficiently given or elivered if it is dispatch by registered or certified mail, postage prepaid, return receipt req ested, or delivered personall and (a) In the c e of the Redeveloper, is addressed` r delivered personally to the Redeveloper at 221 . College Street, #1301, Iowa City, Io 52240, Attn: Marc Moen; and (b) I the case of the City, is addressed to or deliver6o personally to the City Manager at C' Hall, 410 E. Washington St, Iowa City, Iowa, N240, or at such other address wit respect to either party as that party may from time to time designate in writing an4 forward to the other as provided in this Section. Sectio . Counterparts. The greement may be executed in multiple counterparts, each of whic shall constitute one and th same instrument. PART II 10 ARTICLE I. CITY CONTRIBUTIONS TO PROJECT Section 101. Contributions by City. The City agrees to the following contributions i connection with the Project: (a) Subject to authorization required by state and'federal law, the City agre to sell not less than $2,700,000 general obligation or urban renewal tax ncrement revenue onds or notes ( "Bonds ") with a 20 year repayment sche e to fund a constructi grant to the Redeveloper and to finance the Project as utlined below provided, h wever, that the City may, in its sole discretion, f d such grant in whole or in through any other means available to the Cit other than the sale of bonds. In n event will the City sell any such bonds til Redeveloper has satisfied the fin cial commitment obligations stated in Part 1, Section 5, paragraph a and icle 1I1, Section 303. City shall h e no obligation to issue bonds if the City ha received a petition for an elec on as allowed under Iowa Code Section 384.24( (q) or subsequent enactme by the Iowa state legislature providing for the right o petition. (b) Subject to authorization an sale of Bonds as At forth above, the City will make a construction grant for the u e by the Rede eloper in the amount of $2,500,000. The grant funds shall be rele ed to the developer on a pro rata basis with the proceeds of the construction to for yr ess payments to the contractor based on Applications for Payment subr time as Certificates of Payment certified. ARTICLE II. RIGHTS,OF A Section 201. Right of Enti for JQtili1y Servic public utility company, as may be appr priate, the unq all reasonable times for the purpose o reconstructing, following public utilities located w' in the Property b a. storm sewer; b. water; and c. electricity. the Architect by the Contractor at such d by the Architect and in the amounts so TO PROPERTY The City reserves for itself, and any ied right to enter upon the Property at in aining, repairing, or servicing the ida v lines: The City sh /11, within 60 days after the date this agree Nbuding signed, provide Redeveloper with t e location and description of all such utilities. If tion of any utility prevents, or in impracticable, the placement of the contemplate on the lot, the Redeveloper m terminate this agreement. Sect' n 202. Redeveloper Not To Construct Over Utility Easements. he Redeveloper shall not onstruct 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 71 all costs of such relocation. Section 203. Access to Property. The Redeveloper shall permit the repre ntatives of the City access to the Pro erty at all reasonable times which it deems necessary /the the purposes of this Agreement includ g, but not limited to, inspection of all work bei g performed in connection with the const ction of the Minimum Improvements. No co ensation shall be payable nor shall any charge e made in any form by any party for the acce provided for in this Section. ARTICLE III. CON RUCTION PLANS; CONST WCTION OF IMPROVEMENTS. CERTIFICATE OF COMPLETION Section 301. Plans for Constrtktioi respect to the redevelopment of the Pr e thereon, to consist of a multi -use structure i shown on Exhibit "C" as submitted by "Minimum Improvements" shown on Exhi (hereinafter "Minimum Improvements "), sh and this Agreement, and all applicable F promptly as possible after the date of this A specified therefore in Paragraph (a), Section the City, for approval by the City Depart Inspection Services, or their designee(s), a: Im rovemen . Plans and specifications with and the co struction of certain improvements -ally cons' ent with the redevelopment proposal Redeve per on February 27, 2012, and the D an as outlined in Section 1, Part I above, e i conformity with the Urban Renewal Plan r , State and local laws and regulations. As nt, and, in any event, no later than the time >f P I hereof, the Redeveloper shall submit to s of lanning, Public Works and Housing and drawin s, specifications, and related documents, and the proposed construction schedule 'n sufficient co leteness and detail to show that such "Minimum Improvements" and const tion thereof will b in accordance with the provisions of the Urban Renewal Plan, this Ag ement, and all appli able codes. Said plans, drawings, specifications, related documents and progress schedule, t gether with any and all changes therein approved in writing by e City in accordance with ction 302 hereof, are, except as otherwise clearly indicated by e context, are collectively defin d as "Construction Plans" with respect to the "Minimum I rovements" to be constructed. The ity shall, if the Construction Plans conform to the prow' ions of the Urban Renewal Plan, this reement, and all applicable codes, approve in writin such Construction Plans and no further ing by the Redeveloper or approval by the City t reof shall be required except with respect to ny material change. The City will then, upon ppropriate showing of compliance with the req irements of the previous sentence, issue the propriate building permit(s). Failure the City to identify a code deficiency during plan revie does not, however, relieve the Re eveloper from any obligation to comply with all applicable co e provisions. Such Constructio lans shall, in any event, be deemed approved unless rejection th reof in writing by the City, i whole or in part, setting forth in detail the reasons therefore, shall b made within the time spe ified in Part 1, Section 5 hereto. If the City so rejects the Constructio Plans in whole or in rt as not being in conformity with the Urban Renewal Plan, this Ag ement, or all appl' able codes, the Redeveloper shall submit new or corrected Construction Plan which are in 12 conformity with the Urban Renewal Plan, this Agreement, and all applicable codes within the time specified in Paragraph (b), Section 5 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 conf ity with the requirements of the Urban 'nlater wal Plan for the Project, this Agreement and all pplicable codes, as determined by the City, than the time specified therefore in Parag ph c, Section 5 of Part I hereof. All work respect to the "Minimum Improvements" o be constructed or provided by the Redeveloper on e Property shall be in conformity wi he Construction Plans as approved by the City. The term "Minimum Improvements ", as use in this Agreement, shall be deemed to have reference to the " inimum Improvements" as p vided and specified in the Construction Plans as so approved and in orporated herein by Exhi t D. Approval of the Construction Plans b the City shall no relieve any obligation to comply with the terms and provisions of this Agreeme or the provi on of applicable federal, State and local laws, ordinances and regulations, nor shal pproval 9of the Construction Plans by the City be deemed to constitute a waiver of any Event f De ult. Approval of Construction Plans hereunder is solely for purposes of this Agreemen d shall not constitute approval for any other City purpose nor subject the City to any lia lity for the Minimum Improvements as constructed." Section 302. Changes in Construction P ans. If t e Redeveloper desires to make any substantial change in the Construction Plans er their ap oval by the City, the Redeveloper shall submit the proposed change to the C' for its appro 1. If the Construction Plans, as modified by the proposed change, confo to the requireme is of Section 301 hereof with respect to such previously approved Co struction Plans, the C shall approve the proposed change and notify the Redeveloper in ting of its approval. Su change in the Construction Plans shall, in any event, be deemed a proved by the City unless rej tion thereof, in whole or in part, by written notice thereof by t City to the Redeveloper, setting orth in detail the reasons therefore, shall be made within th period specified therefore in If h d, Section 5 of Part I hereof. Section 303. possible and, in any Part I hereof, the Re Redeveloper has the Section .e of Equity Capital and Mortgage Financin . As promptly as later than the time specified therefore in ParagrXph e, Section 5 of shall submit to the City evidence satisfactory to the City that the ability to construct the "Minimum Improvements ". and WIN Improvements ". e Redeveloper agrees for itself, its successors and assigns, and every successor in in rest to the Property, or any part thereof, and each Deed or other c nveyance shall contain venants on the part of the Redeveloper for itself and such successors an assigns, that the Re eveloper, and such successors and assigns, shall promptly begin and ligently prosecute o completion the redevelopment of the Property through the construction of the "Minim Improvements" thereon, and that such construction shall in any event begin ithin 13 the period specified in Section 3 of Part I hereof and be completed within the period specified in such Section 3. It is intended and agreed, and each Deed or other conveyance of the Property or any portion thereof 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 perm' ed by law and equity, binding for the Nenefit of the community and the City and enforceable y the City against the Redeveloper and it successors and assigns to or of the Property or an part thereof or any interest therein. Section 305. Notice f Delays. Until construction of the "M' imum Improvements" has been completed, the Redevelo r shall give prompt notice in writi g to the City of any adverse development which would mate 'ally affect or delay the complet' n of such construction. Upon such notification and subject to reement by the City the c pletion date will be extended accordingly. Section 306. Certificate (a) Promptly after completion f the "Mi mum Improvements" in accordance with those provisions of this A eeme relating solely to the obligations of the Redeveloper to construct the ` i ' um Improvements" (including the dates for beginning and completion there , the City will furnish the Redeveloper with an appropriate instrument so cert' g. Such certification by the City shall be a conclusive determination of atis ction and termination of the agreements and covenants in this Agreemen and in t e Deed with respect to the obligations of the Redeveloper, and its s cessors a d assigns, to construct the "Minimum Improvements" and the dates for the eginning and completion thereof. Such certification and such etermination sha I not constitute evidence of compliance with or satisfaction of any obligation o the Redeveloper to any holder of a mortgage, or any ' surer of a mortgage, curing money loaned to finance the "Minimum Impr ements ", or any part there f. (b) The certifica on provided for in this Section 06 shall be in such form as will enable it to e recorded in the proper office for t e recordation of deeds and other instrume s pertaining to the Property. If the Ci shall refuse or fail to provide any cert' ication in accordance with the provisions f this Section, the City shall, within hirty (30) calendar days after written request the Redeveloper, provide the edeveloper with a written statement indicating adequate detail in what res cts the Redeveloper has failed to complete the "Mi 'mum Improvements" in ac ordance with the provisions of this Agreement, or is o erwise in default, and at measures or acts will be necessary, in the opinion of the City, for the edeveloper to take or perform in order to obtain such certific tion. ARTICLE IV. RESTRICTIONS UPON USE OF PROPER' ection 401. Restrictions on Use. The Redeveloper agrees for itself, its si�cessors and assi s, that each deed or other conveyance shall contain covenants on the part of the 14 Redeveloper for itself, such successors and assigns, that the Redeveloper and such successors and assigns, shall: (a) Use its best efforts to devote the Property only to, and in accordance with, the uses specified in the Urban Renewal Plan and the uses specified in Section 1, Part I of the Agreement, including Exhibits "C" and "D "; and (b) Not dis iminate upon the basis of age, race, creed, color, disability, gender identity, arital status, sex, sexual orientation, religion, tional origin, familial status, or e presence or absence of dependents or p lic assistance source of income in t sale, lease, or rental or in the use or oc upancy of the Property or any "Minim Improvements" erected or to be ected thereon, or any part thereof. Section 402. Covenants B' din Upon Successors i Interest• Period of Duration. It is intended and agreed, and each dee or other conveyance all so expressly provide, that the agreements and covenants provided i Section 401 here o shall be covenants running with the land and that they shall, in any ev t, and withou regard to technical classification or designation, legal or otherwise, and e ept only as otherwise specifically provided in this Agreement, be binding, to the fullest exte t permitt by law and equity, for the benefit and in favor of, and enforceable by, the City, its su cessor and assigns, and any successor in interest to the Property, or any part thereof, against th R eveloper, its successors and assigns, and any party in possession or occupancy of the Prop or any part thereof. It is further intended and agreed that the agreements and covenants p ided in subdivision (a) and (b) of Section 401 hereof shall remain in effect until April 3, 33. Provided, that such agreements and covenants shall be binding on the Redeveloper itsel each s ccessor in interest to the Property, and every part thereof, and each party in possess' n or occu ancy, respectively, only for such period as such successor or party shall have tit to, or an int rest in, or possession or occupancy of the Property or any part thereof. The t s "uses sped i d in the Urban Renewal Plan" and "land use" referring to the provisions f the Urban Rene al Plan, or similar language, in this Agreement shall include the land d all building, housin , and other requirements or restrictions of the Urban Renewal Plan pert wing to such land. Section 403. City i hts To Enforce. In amplific ion, and not in restriction, of the provisions of the precedin Section, it is intended and agreed at the City and its successors and assigns shall be deemed eneficiaries of the agreements and c enants provided in Section 401 hereof, both for and i 1 s own right and also for the purposes o protecting the interests of the com/an and oth parties, public or private, in whose favo or for whose benefit such agre and co nants have been provided. Such agreements a covenants shall (and each Deeso st e) run in favor of the City, until April 3, 2033, during which time such agre and ovenants shall be in force and effect, without regard t whether the City has at any en remains, or is an owner of any land or interest therein to o 'n favor of which such agre d covenants relate. The City shall have the right in the even f any breach of any such ent or covenant to exercise all the rights and remedies, and to intain any actions or saw or in equity or other proper proceedings to enforce the curing f such breach of agreor covenant, to which it or any other beneficiaries of such agreement covenant may be e and shall be entitled to recover, in addition to its court costs, a reason ble attorney's [E 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, TRANSFER Section 501. Representation as to Redevelopment. The Redeveloper represents and agrees that its undertakings pursuant to this Agreement are and will be used f the purpose of redevelopment of the operty and not for speculation in land holding. The edeveloper further recognizes: (a) the importanc of the redevelopment of the Property to e general welfare of the community; (b) the substantial financi and other public aids t t have been made available by law and by the City for t purpose of making s ch redevelopment possible; and (c) the fact that any act or trans a tion involvin or resulting in a significant change in the ownership or with respe to the i ntity of the parties in control of the Redeveloper or the degree t reof, ' for practical purposes a transfer or disposition of the Property th o ed by the Redeveloper, and that the qualifications and identity of the developer are of particular concern to the community and the City. The Re eloper recognizes that it is because of such qualifications and identity that t e Ci is entering into this Agreement with the Redeveloper. Section 502. Prohibition Aiaainst transfer of P erty and Assignment of Agreement. For the foregoing reasons the Redevelop represents and rees for itself, and its successors and assigns, that: (a) the Redeveloper has of made or created, and tt it will not, before completion of the Minimum Imp vements and receipt of a Ce ificate of Completion pursuant to Section 306, e or create, or suffer to be mad or created, any total or partial sale, assignme , conveyance, or lease, or any trus or power, or transfer in any other mode o form of or with respect to this Agree ent or the Property, or any part thereof r any interest therein, or any contract or reement to do any of the same, wit ut the prior written approval of the City. (b) Notwit standing the restrictions set forth in subparagraph ) of this Section 502, the R eveloper may: 1. make such transfer or assignment only by way of security o y for the purpose of obtaining financing necessary to enable the Redeveloper r and successor in interest to the Property, or any part thereof, to perform its bligations with respect to constructing the "Minimum Improvements" under thi Agreement; 2. lease space in the ordinary course of business for the purposes set forth in Exhibits C and D; 16 3. sell commercial and residential 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 for in subsection (b) of S ction 502, as conditions to any such approval that: 1. Any proposed transferee shall have the qualific ions 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 top rt of the Property, such ligations that relate to such part). 2. Any oposed transferee shall expressly sume, by instrument in writing satisfact y to the City and in form rec dable among the land records, for itself, its s cessors and assigns, and xpressly for the benefit of the City, all of the ob ' ations of the Redev per under this Agreement and agree to be subject to all the con 'tions and restrictions to which the Redeveloper is s bject (or, in t event the transfer is of or relates to part of the Property, su h obligati o s, conditions, and restrictions that relate to such part), Provide that ' the event any transferee or successor in interest to the Propert , or ny part thereof, does not, for whatever reason, expressly assume or ad to such obligations, conditions and restrictions, such lack of assumpt' or agreement shall not relieve or except such transferee or success r o uch obligations, conditions, or restrictions; nor shall it deprive or mit the City of any rights, remedies or controls with respect to the Property r the construction of the "Minimum Improvements" unless and ly to the extent otherwise specifically provided in th' Agreement or a reed to in writing by the City. It being the intent that, t the fullest extent p itted by law and equity and excepting only in the anner and to the exte specifically provided otherwise in this Agreeme t, no transfer of or change f ownership in the Property, any part thereof, or any interest therein, how er consummated or occurring, and wheth r voluntary or involuntary, sha operate, legally or practically, to depr' e or limit the City of or with r pect to any rights, remedies or co rols provided in or resulting from thi Agreement that the City would h e had, had there been no such transfer o change. 3. There shall be submitted to the City for revik all instruments and ,other legal documents involved in effecting transfe • and if approved by the City, its approval shall be indicated to the Redev oper in writing. The consideration payable for the transfer by the tra feree or on its behalf shall not exceed an amount representing the actual cos (including carrying charges) to the Redeveloper of the Property (or all cable to the part thereof or interest therein transferred) and the "Minimu Improvements ", if any, theretofore made thereon by it; it being the intent this provision 17 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 ". 5. The Redeveloper and its transferee or successor shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. / Provided, hat in the absence of a specific written agreement by t e City to the contrary, no such transfer or pproval by the City thereof shall be deemed to re 'eve the Redeveloper, or any other party boon in any way by this Agreement or otherwise, of ' s obligations with respect to the construction of t "Minimum Improvements ", or from any f its other obligations under this Agreement. Section 503. Information as to Parties in Control. order to assist in the effectuation of the purposes of this Article and the statutory objecti es generally, the Redeveloper agrees that during the period between e cution of this Agree ent and completion of the "Minimum Improvements" as certified by the ty, the Redevelop will promptly notify the City of any and all changes whatsoever with respect t the identity of e parties in control of the Redeveloper or, the degree thereof, of which it or any its officer or members have been notified or otherwise have knowledge or information. Section 504. Status of Redevelo er T As security for the obligations of the represents and agrees that prior to January , 2 a limited liability company and will not ind i its assets or assign its interest in t is Ag Redeveloper may sell or otherwise ransfer company organized under the la of one finsfer of Substantially All Assets. - developer under this Agreement, the Redeveloper 32, the Redeveloper will maintain its existence as Lp or otherwise dispose of all or substantially all of ree ent to any other party; provided that the to a artnership, corporation or limited liability of t United States, or an individual, all or substantially all of its assets as an entirety or assign s interest in this Agreement to any other party and thereafter wind up be discharged from liability hereunder if (i) the transferee partnership, corporation, limite be company or i ividual assumes in writing all of the obligations of the Redevelope under this Agreement and e Minimum Assessment Agreement; and (ii) the City receives suc new security from the success r Redeveloper to assure completion and operation of the "Mini um Improvements" during the t rm of this Agreement as the City deems necessary or desir le and receives such evidence as e City shall reasonably require, including an opinion of unsel, that the existing performance d payment bonds and security provided pursuant to t s Agreement will remain in effect and 'll be enforceable against the existing Redeveloper nd issuer of such bonds upon a default by th successor Redeveloper with respect to completio or operation of the "Minimum Improvements ". ARTICIA VI. MORTGAGE FINANCING; RIGHTS OF WRTGAGEES Sectio 601. Limitation Upon Encumbrance of Property. Prior to e completion of the "Minimum provements ", as certified by the City, neither the Redeveloper or any successor in interest to e Property or any part thereof shall engage in any financing or an other transaction 18 creating any mortgage, 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 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. 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 li that has been created on or attached to the Property, w ther by voluntary act of the Redevel per or otherwise. Nothing herein is intended to, and sh ld not be construed to, in any way limi Redeveloper from selling condominium units in tejecit roject at any time or limit purchasers fro placing mortgages on the condominium units s to the terms of this Agreement and the Mi imum Assessment Agreement. Section 602. Mort&Re Holder Not Obligated To Cons ct. Notwithstanding any of the provisions of this Agreemen the holder of any mortga e authorized by this Agreement (including any such holder who btains title to the Prope y or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but of including (a) any other party who thereafter obtains title to the Propert or such part fro or through such holder or (b) any other purchaser at foreclosure sale other th the holder of he mortgage itself ) shall not be obligated by the provisions of this Agreement to onstru( to guarantee such construction or compl ion; i the Deed be construed to so obligate such of other Section or provision of this Agreemen ; any such holder to devote the Property o "Minimum Improvements" thereon, of r t permitted in the Urban Renewal Plan an in this o complete the "Minimum Improvements" or shall any covenant or any other provision in Provided, That nothing in this Section or any be deemed or construed to permit or authorize part thereof to any uses, or to construct any i those uses or improvements provided or Section 603. Copy of Notic of Default A Mortgage. Whenever the City shall deliver any notice or demand to the Re eveloper with espect to any breach or default by the Redeveloper in its obligations or c venants under this greement, the City shall at the same time forward a copy of such notice o demand to each knot holder of any mortgage authorized by this Agreement at the last addre s of such holder shown i the records of the City. Section 604. Mort ee's Option To Cure Default After any breach or default referred to in Section 603 hereof, e h such holder shall (insofar as t c rights of the City are concerned) have the right/ormpletion at its optio , to cure or remedy such breach or d ault (or such breach or default to the extent telates o the part of the Property covered by i mortgage) and to add the cost thereof to tgag debt and the lien of its mortgage Provide , That if the breach or default is with res c struction of the "Minimum Improvements ', nothing contained in this Section or h Section of this Agreement shall be deemed permit or authorize such holder, eitho e or after foreclosure or action in lieu thereof, to ndertake or continue the constructiompletion of the "Minimum Improvements" (beyon the extent necessary to conserve oect "Minimum Improvements" or construction alrea made) without first having expassumed the obligation to the City, by written agreem t satisfactory to the City, to co, in the manner provided in this Agreement, the "Minimu Improvements" on the Propert e part thereof to which the lien or title of such holder relate Any such holder 19 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 Pgy Mortgage Debt or Purchase Prop9dy. Subsequent to default or breach of this Agreement by the Redeveloper or successor in riterest, in any case where the holder of any mortgage on the Property or part thereof. (a) ha , but does not exercise, the option to construct complete the "Minimum Im ovements" to the Property or part thereof c ered by its mortgage or to whic it has obtained title, and such failure cony ues for a period of sixty (60) days a r the holder has been notified or inform d of the default or breach; or (b) exercises t option to construct or does not c--,, ete such "Minimum by the City and uch holder (which the period prescri ed for such com shall not have been ured within six so to do, the City shall: nplet the "Minimum Improvements" but rov ments" within the period agreed upon o shall in any event be at least as long as 'on in this Agreement), and such default 60) days after written demand by the City (a) have the option to pay to th older the amount of the mortgage debt and securing an assignment of the mortg and the debt secured thereby; or (b) in the event ownership the P perty (or part thereof) has vested in such holder by way of foreclosure or action ' lieu thereof, the City shall be entitled, at its option, to receive co veyance of t le to the Property or part thereof (as the case may be) upon pay nt to such hold of an amount equal to the sum total of: (i) the mortg e debt at the time of eclosure or action in lieu thereof (less all appropri e credits, including those esulting from collection and application of rent s and other income received uring foreclosure proceedings); (ii) all ex enses with respect to the foreclo ure; (iii) the et expense, if any (exclusive of g neral overhead), incurred by such h der in and as a direct result of the subsequent management of the /Property he costs of any "Minimum Improvements" \exisnce. h holder; and n amount equivalent to the interest thave accrued on the ggregate of such amounts had all such ecome part of the mortgage debt and such debt had continued Every mrument made prior to completion of the mprovements" with respect t or any part thereof shall so provide. Section 606. City's Option To Cure Mortgage Default. In the event tf(e Redeveloper, or any/successor in interest defaults or breaches its obligations under, and tot holder of, any 20 mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof prior to the completion of the "Minimum Improvements ", the City may, at its option, cure such default or breach, in which case the City shall be entitled, 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, in addition to and withou limitation upon any other rights or remedies to which it shall be entitled by this Agreement, ope ation of law, or otherwise: Provided, That any such li shall be subject always to the lien of ( any lien contemplated by, because of advances t to be made,) any then - existing mortgages o the Property authorized by this Agreement. Section 607. Ade Holder. For the purposes of is Agreement: The term it shall inclutrust or other instrument crea ' g an encumbrance or lien upon the Property, or f, as security for a loan. The erm "holder" in reference to a mortgage shall include t. Section 608. (a) In order to facilitate obtaini�g financing f the construction of the "Minimum Improvements" by the Redeveloper, th City agre to subordinate its rights under this g A reement to the holder of the First Mort ge for t the described in Section 601(a) of this Agreement, but only provided that the Fib that if the holder of the First Mortgage shE improvements thereon, or any portion thereof, lieu of foreclosure, it shall consent to the A Minimum Assessment Agreement and ail Agreement. / gage or a subordination agreement provides ;close on the Redevelopment Property, the ept a deed to the Redevelopment Property in is Minimum Actual Value set forth in the provisions of the Minimum Assessment (b) In order to facilitate obta' ing financing for the construction of the "Minimum Improvements ", the City agrees that ' shall agree to an reasonable modification of this Article VI or waiver of its rights hereun r to accommodate t e interests of the holder of the First Mortgage, provided, however, tha the City determines, in s reasonable judgment, that any such modification(s) will adequately protect the legitimate inte sts and security of the City with respect to the Project and th Urban Renewal Plan. The ity also agrees to consider such modification(s) of this A cle VI with respect to other olders, and to agree to such modifications if the City d ms such modification(s) necessary reasonable. ARTICLE VII. REMEDIES Section 701. n General. Except as otherwise provided in this reement, in the event of any default or bre h of this Agreement, or any of its terms or condition by either party herein, or any successor to such party, such party (or successor) shall, upon itten notice from the other, proceed immediately to commence to cure or remedy such defaul or breach and shall complete suc cure or remedy within ninety (90) days after receipt of such otice. In case such action is no taken or diligently pursued, or the default or breach cannot be cured or remedied within a easonable time, the aggrieved party may institute such procee It as may be necessar or desirable in its opinion to cure and remedy such default or breach, cluding, but not 21 limited to, proceedings to compel specific performance by the party in default or breach of its obligations. Section 702. Other Rights and Remedies of Cit • No Waiver b Del . The City shall have the right to institute such actions or proceedings as may be neces to enforce the Redeveloper's covenants and obligations under this Agreement and to see damages caused by a breach or default by the Redeveloper. The City may also institute such tions or proceedings it may deem desirable f effectuating the purposes of this Article VII, ovided that any delay by the City in instituting prosecuting any such actions or proceedin s or otherwise asserting its rights under this Article II shall not operate as a waiver of such ri is or to deprive it of or limit such rights in any way \by ng the intent of this provisio that the City should not be constrained (so as to avok of being deprived of or lim' ed in the exercise of the remedy provided in this Section of concepts of waiver, lac es, or otherwise) to exercise such remedy at a time when it hope otherwise to resolv the problems created by the default involved); nor shall any n act made by the City ith respect to any specific default by the Redeveloper under thn considered or tre ed as a waiver of the City's rights with respect to any other de the Redeveloper der this Section or with respect to the parti cular default except tent sp cifically wa' ed in writing. Section 703. Enforced Delay Performance by any party under this Al the control of the party claiming its occi troubles, unusually severe or prolonged "Minimum Improvements ", litigation co . local governmental unit (other than the shall constitute sufficient legal excu� Agreement. / for of ,e e may be subject to unavoidable delays outside enc which are the direct result of strikes, other labor a w ather, acts of God, fire or other casualty to the ence by third parties, or acts of any federal, State or ty) whi directly result in such delays. Such delays for dela d performance under the terms of this Section 704. Ri hts and medies Cumulative. e rights and remedies of the parties to this Agreement, whether provi d by law or by this A ement, shall be cumulative, and the exercise by either party of any ne or more of such remedies hall not preclude the exercise by it, at the same or different time of any other such remedies fo the same default or breach or of any of its remedies for any other default or breach by the other rty. No waiver made by either such party with respect t the performance, or manner or time t reof, or any obligation of the other party or any cond' ion to its obligations under this Agreemen shall be considered a waiver of any rights of the p y making the waiver with respect to the part ular obligation of the other party or condition its own obligation beyond those expressly waived in writing and to the extent thereof, or waiver in any respect in regard to any other right of the party making the waiver or any of r obligations of the other party. ARTICLE VIII. MISCELLANEOUS S tion 801. Conflict of Interest. Redeveloper agrees that, to its st knowledge and belief, member, officer or employee of the City, or its designees or agents, or any consultant or me ber of the governing body of the City, and no other public official f the City who exer ses or has exercised any functions or responsibilities with respect to the P oject during his or r tenure, or who is in a position to participate in a decision - making process r gain insider 22 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 edeveloper shall not discriminate against any employee or applicant for employment becaus e of race, creed, color, sex, national origin, gender identity, marital status, sexual or/t10 religion, age, disability, familial status, pr ence or absence of dependents or public source of income. The Redeveloper shall nsure that applicants for employment employment, and the employees are trea d during employment, without regard age, race, creed, color, disability, gender ide ity, marital status, sex, sexual orientatio or national origin. Section 803. Ti es of Articles and Sections. Any . les of the several parts, Articles, and Sections of this Agreem t are inserted for conveni ce of reference only and shall be disregarded in construing or terpreting any of its prow' ions. Section 804. Memoran um of Agreement. he parties agree to execute and record a Memorandum of Agreement, in s stantially the f attached as Exhibit K, to serve as notice to the public of the existence and pro ' ions of this Agreement, and the rights and interests held by the City by virtue hereof. The Redev oper sh pay all costs of recording. Section 805. Governing Law. "Thij Agreement shall be governed and construed in accordance with the laws of the State of I a. Section 806. Administration Agr \ment by City. The City Manager or designee shall administer the rights and obligations the Cit hereunder. Section 807. Entire A ree ent. This Ag ement and the exhibits hereto reflect the entire agreement between the parties r arding the subje t matter hereof, and supersedes and replaces all prior agreements, negotiatio s or discussions, w her oral or written. This Agreement may not be amended except by a s Sequent writing signe y all parties hereto. IN WITNESS WH OF, the City has caused t 's Agreement to be duly executed in its name and behalf by its ay or and its seal to be hereunt duly affixed and attested by its City Clerk, and the Redevel per has caused this Agreement t be duly executed in its name and behalf by its authorize representative, on or as of the day firs above written. (SEAL) CITY OF IOWA CIT\Y, IOWA Matthew J. Hayek, Mayor ATTEST: 23 By: Marian K. Karr, City Clerk CENTRAL PARK, L.L.C. By: Marc Moen, Member ATTEST: \ By: STATE OF IOWA COUNTY OF JOHNSON ) On this day of , 20 , before me a Notary Public in and for said County, personally appeared atthew J. Hayek and Marian K. Karr, to me personally known, who being duly swo did say th they are the Mayor and City Clerk, respectively of the City of Iowa City, lo , a Municipal orporation, created and existing under the laws of the State of Iowa, and that e seal affixed to t foregoing instrument is the seal of said Municipal Corporation, and that aid instrument was s' ned and sealed on behalf of said Municipal Corporation by authority d resolution of its City ouncil and said Mayor and City Clerk acknowledged said instrume t to be the free act and dee of said Municipal Corporation by it voluntarily executed. Notary Public in and for STATE OF IOWA )SS COUNTY OF JOWSON This instrumen was acknowledged before me on this day of Moen and / , as members of Central Park, L.L.C. State of Iowa Notary Public in and for the State of 24 20_, by Marc EXHIBIT A MAP OF URBAN RENEWAL AREA City - University Urban Renewal "a i Y) RKET ST CIL cn __j JEFFERSON . . . ....... > IOWA AVE 7 'T' 1 !I. /erside ct T AVE South Riverside Ai 1111111111111110 ori'naf area 1969 A ended area 2001 25 WRIGHT cey Aalk 9-71-9 cn Li 11� D "y Court House House Harris(,,, HARRI ON 0 14 Hill Pc -k -�j 0 0 0 PRENT$S j ( :�j ST 25 WRIGHT cey Aalk 9-71-9 cn Li 11� D EXHIBIT B LEGAL DESCRIPTION OF URBAN RENEWAL AREA Original Urban Renewal Area Beginning at a point on the north R.O.W. line of Burlington Street wh a it meets the east bank of the Iowa River; Thence easterly to the east R.O.W. line of vacated ront Street; Thence north to the north R.O. line of vacated College Street; Thence east a ng said R.O.W. line to the west R.O.W. line of apitol Street; Thence north along said R. W. line to the centerline of Washington Street; T\ce ast along said centerline to the c terline of Linn Street; Thence south along said cent the south R.O.W. line of Co Street; Thence west along said R.O.W. line to the easthe Iowa River; Thence nort rly along the east bank to the point of beginning. 0, 2001 Amended Area Beginning at the northwest corner of Lo south along the east R.O.W. line of Gilb4 Thence west along said south R.O.W. northeasterly along Ralston Creek to the v south R.O.W. line of Court Street; Thence Linn Street; Thence north along said cent Ly an Cooks Subdivision of Outlot 25; Thence Str et to the south R.O.W. line of Prentiss Street; to its intersection with Linn Street; Thence L O.W. line of Maiden Lane; Thence north to the ;st ong said south R.O.W. line to the centerline of ine t the centerline of Washington Street; Thence west along said centerline to the west W. lin of Clinton Street; Thence north along said west R.O.W. line to the north R.O.W. li e of Iowa A nue; Thence east along said north R.O.W. line to the east R.O.W. line of Gilbe Street; Thence outh along said east R.O.W. line to the point of beginning. 26 EXHIBIT C REDEVELOPER'S PROPOSAL Replacement Reserves: 3,423 Building Management 48A62 Debt Sers ce a 2.5 retu ono her developer fundin . 437,893, Im $7845 Annual Net Profit Loss assumes $2,500,, coverad from TJF financing I would be plea d to answer any questions from you or the committee. Thankyou f your consideration_ inc f+ ARC B. MOEN 27 MARC B. lw✓OEN 221 E. COLLEGE STREET IOWA CITY, IOWA 57240 ceNftext: `� }fCn °.fjGYi =,rttc tocsimpet 319.4X3010 rg� xz,.crn 319.358.677$ February 27; 2012 City Councd7Economic Development mittee c/o Jeff Oau cl son, of Planni fi Community Development 410 E, Washington 7Street Iowa City, IA `51FE:': Pr000sed Dev - 1'14 S. D.buq a Street Replacement Reserves: 3,423 Building Management 48A62 Debt Sers ce a 2.5 retu ono her developer fundin . 437,893, Im $7845 Annual Net Profit Loss assumes $2,500,, coverad from TJF financing I would be plea d to answer any questions from you or the committee. Thankyou f your consideration_ inc f+ ARC B. MOEN 27 29 1 Story Mixed Use Development 30 First level preli inary floor plan_ bRe bh %4af E 3y {3 v i O 6:# i w n�r «.raa v Meet tevo RM PADJECT COtq3jTUJCTjM + 517E TS $60G /Sw cost ,§@,564,60d Construction ssoina6 Architectural & e ineerin fees $7,56o survey Furnishings & contrtibutian to $491 T60 commercials see fit out 0,000 $oil t , 0,000 Construction to ,$23;302 Property tax Construction interest 1 737.896 I PRCidEM COST 31 Ear ANA ta k The goal of projea is to attract new retail, offs users, and permanent re ' ential population to owntown Iowa City. AN commercial and residential units in th uilding will be condom iums' for lease or sake. At Plaza Towers, OwdWity to either lease or sell commercial and dential units proved very Several thousand square feet' of office apace eve been sold and several th square feet are lessed. In the initial offering, residential units were offerer for sale., buyers pureed 2 units each and co bind them resulting initially in 23, owned residences. A number those units have ra- sold. some as ma as The developer initially holri units as rentals. Fourteen of those 971u been sold. Including the es, there have been 51 separate sales of resideentia nits at Plaza Towers (i.e„ 37 Nts have sold 51 times). Hokfog a Omck of. rest ° 'W I units provides a nee d supply of apartments for residents ni in€q to l iGy wish to familiarize msetves with the Iowa City rea a' before put# I . 11 a perrne�i home within th A number of Plaza Towers undo owners leased' units purch ' fjl Sato 14Wa City 1 The development site Is currently assess $550,350. It is anticipated that at completion of the ,project the assessed lue increase to $9,179,600 (nearly 17 times the current assessed value). It i further nticipated that the assessed value will continue to increase over time. Lehi . 32 and office tenants to come along without having quality space available or t the very least, a project under construction, we will fail to capture for even know at the full potential is. Businesses seeking to ammct bright, talented, creative a diverse employees will find downtown Iowa City extremely attractive. It is c ' ' Ity important that Iowa City be proactive in attracting these business. The d pment will attract quality jobs to downtown Iowa City and further enhance th vitality of the central business dstrid 33 EXHIBIT D MINIMUM IMPROVEMENTS AND USES On February 27, 2012, the Redeveloper submitted a Redevelopment p posal shown on Exhibit C for a private redevelopment project. The redevelopment prop al provided for a multi -use structu e with a mix of retail, office and residential spa e. The "Minimum Improvements" m y now be more specifically defined as follows: 1. The project ill consist of street level commercial space in uding at least 1,600 square feet for retail; 7,000 square feet of Class A office space as defined by the Iowa City Zoning Code, o Levels 2 -4; and 22,818 square fe/%�' sidential on Lev els 5 -14. Such residential space all consist of 16 one - bedroom f 662 square feet each; 8 one- bedroom units of 1, 9 square feet and may consio luxury units of 2,000 square feet. 2. The street level commercises should add to)/he activity and vitality of the downtown pedestrian mall throughout tN day and into t evening. 3. The 16 one - bedroom units shal e workfo ce housing. Initial sales or leases will meet the following price point for work ce ho sing: the units shall be priced as affordable to persons earning up to 150% of the rea Median Income (AMI) as defined by the Department of Housing and Urban velopment ($83,250 for a one person household or $95,100 for a two person househol . 4. The Redeveloper shall provid , at a inimum, two (2) on -site parking spaces for residential use. 34 EXHIBIT E 35 EXHIBIT F OFF -SITE PARKING COVENANT WHEREAS, Central Park, L.L.C. ( "Owner ") owns real estate locally kn n as 114 S. Dubuque St., Iowa City, Iowa, and legall described as: (the "Property "); and WHEREAS, Owner desires t construct a commercial and resid tial mixed -use building on the Property; and WHEREAS, in order to const \City building, Owner is equired to provide 14 parking spaces pursuant to the ordinances of tf Iowa City; and WHEREAS, Own er can prov2) of the req ed spaces on -site, but there is insufficient physical space upon the Propevide the re ining 12 spaces on -site; and WHEREAS, the ordinances of the Cil provided off -site or in public facilities; WHEREAS, Marc Moen, acting on be Application for Special Exception (EXC WHEREAS, at a meeting on , the granted the Special Exception all wing Ova municipally -owned parking ramp; d City allow for a portion of that parking to be Owner, submitted to the City of Iowa City an ); and rd of Adjustment of the City of Iowa City to satisfy the parking requirement in a WHEREAS, the terms of that Sp cial Exception need be incorporated into a Covenant running with the Property. NOW, THEREFORE, Own imposes upon the Property e following Covenant for so long as the Property is used in th manner described in the Appli ation for Special Exception and as allowed by the Board of djustment: 1. Owner shall satisf�t least 12 of the parking spaces require for development of the Property by acquiring permits rom the City of Iowa City in the Ramp. 2. Owner shall c pensate the City for those spaces at the then evailing rental fee for those permits, upon t same terms and conditions as those permits wou d be offered to the general public. The to s and conditions of the lease of those spaces shal be set by the Director of Transportatio Services of the City of Iowa City. 3. The of site parking permits shall be made available by Owner to residential Tenants or Owners f the Property only, and at a cost no greater than the leaser to determined by the Directo of Transportation Services of the City of Iowa City at the time of 1 sing. 36 4. Owner shall provide to the City's Director of Transportation the name, address, and license plate number of all permit holders. 5. This Covenant shall run with the land and bind the Owner and Owner's successors in interest until modified by mutual agreement of the then Owner and the City of Iowa City. 6. The Owner shall record this Covenant in the office of the Johnson Cou y, Iowa Recorder at the Owner's expense. Dated as of this day of , 20_. CENTRAL PARK, L.L.C. by: Marc Moen, Member and STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me Member and Manager of Central Park, L.I. Notary Pu CITY OF IOWA CITY, IOWA BY: Matthew J. Hayek, Mayor Bv: Marian K. Karr, City C STATE OF IOWA ) JOHNSON COUNTY /) day of , 20_ by Marc Moen, as for the State of Iowa On this day of Au st, 2011, before me, the undersigned, a Notar Public in and for said County and State, person ly appeared Matthew J. Hayek and Marian K. arr, to me personally known, who being by duly sworn, did say that they are the Mayor an City Clerk, respectively, of said municipal corporation executing the within and foregoing inst ment; that the seal affixed thereto is the eal of said municipal corporation; that said instrumen was signed and sealed on behalf of sai municipal corporation by authority of City Council of s 'd municipal corporation; and that th said Matthew J. Hayek and Marian K. Karr acknowledg d the execution of said 37 instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa EXHIBIT G TEMPORARY USE OF RIGHT -OF -WAY AGREEMENT [STANDARD AGREEMENT TO BE INSERTED] 17 EXHIBIT H MINIMUM ASSESSMENT AGREEMENT 114 S. Dubuque Street THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of , 2012, by and among the CITY OF IOWA C�I'Y, IOWA, ( "City "), Central Park, L.L.C., an Iowa limited liability corporation, ( "Redeve oper "), and the CITY ASSESSOR of the City of Iowa City, Iowa ( "Assessor "). 7 WITNESSETH: WHEREAS, it is ontemplated that the Redeveloper ill undertake the development of an area ( "Project ") within e City and within the "City -Uny ersity Urban Renewal Area "; and WHEREAS, the CityNs making a significant will allow the Redeveloper to Nnstruct the Project; a WHEREAS, the City will generated from the Project; and of funds to the Redeveloper which such grant from the property tax revenues WHEREAS, pursuant to Iowa Axhi on 403.6 (2011), as amended, the City and the Redeveloper desire to establish a mial value for the land locally known as 114 S. Dubuque Street, and legally described E to the Agreement for P rivate Redevelopment; and WHEREAS, the City ancJ�pthe Assessor \berected ve reviewed the preliminary plans and specifications for the "Minimum )tin rovements" to as a part of the development; NOW, THEREFORE the parties to this inimum Assessment Agreement, in consideration of the promise , covenants and agreements ade by each other, do hereby agree as follows: 1. As of J ary 1, 2013, a partial assessment s all be made fixing the minimum actual taxable value f assessment purposes for the land and `Minimum Improvements" to be constructed thereon by the Redeveloper at not less than 2,880,000 after taking into consideration any ctors such as "roll backs" which would re ce the taxable value of the property ( "Minim m Actual Value "). 2. s of January 1, 2014, a full assessment shall be made ix taxable valu for assessment purposes for the land and "Minimu constructed thereon by the Redeveloper at not less than $5,760, considerat' n any factors such as "roll backs" which would reduce tI property ( "Minimum Actual Value "). The parties hereto acknow const tion of the "Minimum Improvements" will be substantially c Dece ber 31, 2013. 40 ig the minimum actual Improvements" to be 00 after taking into taxable value of the e and agree that m leted on or before 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 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 amo nt set forth on Schedule Y for any fiscal year, the assessor shall increase the assessed value oft e Project for the next fiscal year in an amount to cover such property tax deficiency. If for any reason, the assessor does not so increase the assessed value, Redeveloper shall make a paym t to the City in the amount of the difference between th4 property tax revenue and the cost of uch bonds. 4. The Redev oper contemplates that a port' n of the Project will be residential condominium units which 11 be subject to the propert tax "roll- back" referred to previously. The Redeveloper agrees that the time of the executi of the declaration required by Chapter 499B Horizontal Property (Co ominiums) of the ode of Iowa 2011 an attachment to the declaration will be executed by tN Redeveloper, e City and the City Assessor allocating a portion of the Minimum Actual VaIUNO11to each uni 5. The Redeveloper agrees at t e difference between the $6,700,000 Minimum Actual Value (as adjusted pursuant top raph 3 hereof) and the amount allocated to the residential condominium units (as set fo in paragraph 4 hereof) will be allocated to the remainder of the Project. 6. The Minimum Actual Yalue (as djusted pursuant to paragraph 3 hereof) herein established shall be of no further fo ce and eff t an d this Minimum Assessment Agreement shall terminate twenty years from issuance o the bonds or when the bonds are paid off, whichever is earlier. Nothing herein shall b deemed to waive th Redeveloper's rights under Iowa Code section .403.6(19) (2011), as ended, to contest that ortion of any actual value assignment made by the Assessor in exc s of the Minimum Actual lue (as adjusted pursuant to paragraph 3 hereof) established herei In no event, however, exce as set forth in the first paragraph of this Section 6 shall the Re eveloper seek to reduce the actua value assigned below the Minimum Actual Value (as adjuste pursuant to paragraph 3 hereof) e ablished herein during the term of this Agreement. 7. This X4inimum Assessment Agreement shall \ee ptly recorded by the Redeveloper with t Recorder of Johnson County, Iowa. The Rer shall pay all costs of recording. 8. edeveloper has provided a title opinion to thting all lienholders of record as of t date of this Assessment Agreement and all such s have signed consents to this Asses ent Agreement, which consents are attached heretde a part hereof. 9. Neither the preambles nor provisions of this Minimum Asse sment Agreement are intended , , or shall be construed as, modifying the terms of the Agreement or the Improvement and Sale of Land for Private Redevelopment between the City and Redevelop r. ZE 10. 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 Matthew J. Hayek, Mayor ATTEST: By: Marian K. E I A001 STATE OF IOWA ) COUNTY OF JOHNSON ) , City Clerk ARK, L.L.C. On this day , 20 before me a Notary Public in and for said County, perso lly appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who bei g duly sworn, did say that they ar the Mayor and City Clerk, respectively of the City of wa City, Iowa, a Municipal Corporatio ,created and existing under the laws of the State of I a, and that the seal affixed to the forego g instrument is the seal of said Municipal Corpor ion, and that said instrument was signed an sealed on behalf of said Municipal Corporatio by authority and resolution of its City Counci and said Mayor and City Clerk acknowledge said instrument to be the free act and deed of sai Municipal Corporation by it voluntarily e cuted. Notary Public in and for the StNe of Iowa STATE OF IOWA ) 42 )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 20_, by Marc Moen and , as members of Central Park, L.L.C. Notary Public in and for the SW'-"e of Iowa CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and sp ifications for the "Minimum Improvements" to be constructed and the market value assi ed to the land upon which the "Minimum Improvements" are to be constructed for the dev lopment, and being of the opinion that the minimum market value c tained in the foregoi Minimum Assessment Agreement appears reasonable, hereby certifi as follows: The dersigned Assessor, being legally responsible for the assessment of the roperty subject the development, upon completion of "Minimum Improvements" to be made n it and in a ordance with the Minimum Assessment Agreement, certifies that the actual valu assigned t such land, building and equipment upon completion of the redevelopment shall not b less t $5,760,000 after taking into consideration any factors such as "roll- backs" which woul red ce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land d Dollars ($ ) the value of the building t reon until termination of this Minimum Assessment Agreement pursuant to the terms ereof. Assessor for\jowa City, Iowa Date STATE OF IOWA COUNTY OF JOHNSON ) Subscribed and sworn before me by Iowa City, Iowa. Assessor for Notary Public in and for J County, Iowa Date 43 SCHEDULE Y 114 S. Dubuque Street Assessment Valuation of $5,760,000 Partial assessment begins on January 1, 2013 ($2,880,000 valuation) Full assessment begins on January 1, 2014 Millage rate of $33.01166 per thousand Payment dates Increment TIF rate $33 Fiscal Year To I 7/1/2012 $ - $ - 10/1/2012 $ - $ - $ 4/1/2013 $ - $ - $ - 1011/2013 $ - $ - 4/1/2014 $ - $ - $ - 10/1/2014 $2,880,000 $ 47,520 4/1/2015 $2,880,000 $ 47,520 95,040.00 10/1/2015 $5,760,000 $ 95,040 4/1/2016 $5,760,000 $ 95,040 $ 190,080.00 10/1/2016 $5,760,000 $ 95,040 4/1/2017 $5,760,000 95,040 $ 190,080.00 10/1/2017 $5,760,000 95,040 4/1/2018 $5,760,000 $ ,040 $ 190,080.00 10/1/2018 $5,760,000 $ 95\,,Q4 4/1/2019 $5,760,000 $ 95,0 $ 190,080.00 10/1/2019 $5,760,000 $ 95, V4 0 4/1/2020 $5,760,000 $ 9V,040 $ 190,080.00 10/1/2020 $5,760,000 $ 5,040 4/1/2021 $5,760,000 95,040 $ 190,080.00 10/1/2021 $5,760,000 A 95,040 4/1/2022 $5,760,000 $ 95,040 $ 190,080.00 10/1/2022 $5,760,000 $ 95,040 4/1/2023 $5,760,000 $ 95,040 190,080.00 10/1/2023 $5,760,000 $ 95,040 4/1/2024 $51760,000 $ 95,040 $ 1 0,080.00 10/1/2024 $5,760,00 $ 95,040 4/1/2025 $5,760,o6o $ 95,040 $ 190',980.00 10/1/2025 $5,760,000 $ 95,040 4/1/2026 $5,70,000 $ 95,040 $ 190,08 .00 10/1/2026 $5, 60,000 $ 95,040 4/1/2027 $ ,760,000 $ 95,040 $ 190,080. 0 10/1/2027 51760,000 $ 95,040 4/1/2028 $5,760,000 $ 95,040 $ 190,080.00 10/1/2028 $5,760,000 $ 95,040 4/l/202,4 $5,760,000 $ 95,040 $ 190,080.00 10/1/209 $5,760,000 $ 95,040 4/1/ 030 $5,760,000 $ 95,040 $ 190,080.00 10/112030 $5,760,000 $ 95,040 44 4/1/2031 $5,760,000 $ 95,040 $ 190,080.00 10/1/2031 $5,760,000 $ 95,040 4/1/2032 $5,760,000 $ 95,040 $ 190,080.00 TOTAL: I 1 1 $3,326,400.00 EXHIBIT I MINIMUM ASSESSMENT AGREEMENT -PLAZA TOWERS EXHIBIT J MINIMUM ASSESSMENT AGREEMENT- PLAZA TOWERS AMENDMENT NO. 1 This Amendment No. 1 to the Minimum Assessment- Plaza Towers, dated this day of , 2012, by and among the City of Iowa City, Iowa ( "City "), Plaza Towers, L.L.C., an Iowa limited liability corporation ( "Plaza Towers "), Central Park, L.L.C. ( "Redeveloper "), and the City Assessor of the City of Iowa City, Iowa ( "Assessor "). WITNESSETH: WHEREAS, on June 30, 200 , the above - stated parties dX enter into a Minimum Assessment Agreement for Plaza Towers, i conjunction with th/ex ution of an Agreement for the Sale of Land for Private Development garding certain reaerty located within the City, ( "Plaza Towers Development ") including 5 South Linn Str d WHEREAS, Central Park, L.L.C. ( "It the City for private redevelopment of ( "114 S. Dubuque Street Agreement "); WHEREAS, Marc Moen is a member of L.L.C.; and now desires to enter into an agreement with ;rty locally known as 114 S. Dubuque Street the Plaza Towers, L.L.C. and the Central Park, WHEREAS, it is contemplated th pursu t to said 114 S. Dubuque Agreement, the Redeveloper will undertake the de elopment f an area within the City- University Urban Renewal Area, located within the C' y's Central Nsiness District: and WHEREAS, the city is making significant grant o funds to the Redeveloper, which will allow the Redeveloper to construc the project in acco dance with the 114 S. Dubuque Street Agreement; and WHEREAS, the City will e reimbursed for such grant f m the property tax revenues generated from the 114 S. Dubuque/ Street project and 225 South LiA Street; and WHEREAS, as an in ucement to the City to enter into the 14 S. Dubuque Street Agreement, Plaza Towers agre d to enter into this Amendment No. 1 to the Minimum Assessment Agreement -Plaza wers; and WHEREAS, p suant to Iowa Code Section 403.6 (2012), as am nded, the parties hereto desire to amend the Minimum Assessment Agreement -Plaza Towers to extend the timeframe of minimum ac al value for 225 South Linn Street. NOWT REFORE, in the event that the Minimum Assessment A reement -Plaza Towers is terminat d or otherwise expires, the parties hereto agree to the followin . 47 1. As of January 1, 2014, a full assessment shall be made fixing the minimum actual taxable value for assessment of 225 S. Linn Street at $1,273,430, the current assessed value, after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ( "Minimum Actual Value "). 2. The Redeveloper and Plaza Towers recognize that the grant to the Redeveloper pursuant to the 114 S. Dubuque Street Agreement is conditional upon sufficient property taxes being generated by the 114 S. Dubuque Street Project and th 225 S. Linn Street Property to repay the costs of the bonds issued to make such grant. 3. The Minimum Actual Value herein established shall be no further force and effect and this Minimum Assessment Agreement shall terminate enty years from the issuance of the bonds or when the nds are paid off, whichever i earlier. 4. Nothing herein shall be -emed to waive Plaza To er's rights under Iowa Code section 403.6(19) (2011), as nded, to contest that p rtion of any actual value assignment made by the Assessor in cess of the Minimu Actual Value established herein. In no event, however, except as et forth herein sha Plaza Towers seek to reduce the actual value assigned below the imum Actual alue established herein during the term of this Agreement. 5. This Minimum Assessment Ag ement s 11 be promptly recorded by the Redeveloper with the Recorder of Johnson C nty, wa. The Redeveloper shall pay all costs of recording. 6. Redeveloper or Plaza Towers has pro ' ed a title opinion to City listing all lienholders of record as of the date of this Amen ent No. 1 and all such lienholders have signed consents to this Amendment No. 1, hi h consents are attached hereto and made a part hereof. 7. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construe as, modif 'ng the terms of the Agreement for Private Redevelopment between the Ci and Redevel er. 8. This Amendment No. 1 to the inimum Assess ent Agreement shall inure to the benefit of and be binding upon the s cessors and assign of the parties. PLAZA TOWERS, L.L.C. / CITY OF IOWA CITY, IOWA By: Marc Moen, Member By: Matthew J. Hayek, ATTEST: Marian K. Karr, CitAClerk CENTRAL PARK, L.L.C. By: Marc Moen, Member 48 ATTEST: CITY OF IOWA CITY, IOWA ACKNOWLEDGEMENT STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of , 20/, before me a Notary Public in and for said County, person ly appeared Matthew J. H ek and Marian K. Karr, to me personally known, who being my sworn, did say that ey are the Mayor and City Clerk, respectively of the City of Iowa 'ty, Iowa, a Municipal orporation, created and existing under the laws of the State of Iowa, and at the seal affixed o the foregoing instrument is the seal of said Municipal Corporation, and th said instrume was signed and sealed on behalf of said Municipal Corporation by authority resolution f its City Council and said Mayor and City Clerk acknowledged said instrument to e the fr act and deed of said Municipal Corporation by it voluntarily executed. PLAZA TO STATE OF IOWA COUNTY OF JOHNSON This instrument was Moen and , L.L.C. A )SS Public in and for the State of Iowa OWLEDGEMENT ged before me on this lay of , 20_, by Marc member of Plaza Towers, L.L. Notary Public in CENTRAL PARK, L/L.C. ACKNOWLEDGEMENT STATE OF IOW . )SS COUNTY OF J HNSON ) This instrum nt was acknowledged before me on this day of Moen and , as members of Central Park, L.L.C. 49 the State of Iowa 20_, by Marc Notary Public in and for the State of Iowa CERTIFICATION OF ASSESSOR The undersigned Assessor, being legally responsible for subject to this Amendment No. 1 to the Minimum Assessmer actual value assigned to such land, building and equipment shall taking into consideration ak factors such as "roll- backs" whit of the property. Of this hmount, the assessment of the property Agreement, certifies that the iot be less than $1,273,430 after would reduce the taxable value Dollars ($ ) is etermined to be th value of the land and until termination of this Dollars ($ the value of the buildings thereon Assessment Agreemq4t pursuant to the terms hereof. for Iowa City, Iowa STATE OF IOWA ) COUNTY OF JOHNSON ) Subscribed and sworn to before by Iowa City, Iowa. / Assessor for Notary Public rand for Johnson County, Iowa Date 50 EXHIBIT K MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City ") and entral Park, L.L.C. (the "Redeveloper "), did on or about the _ day of , 2012, make, execute and deliver an Agreement for Private Redevelopment (the " Agreeme '), wherein and whereby the Redeveloper agreed, in accordance with the terms of the Agr ement and the City- University Urban Renewal Plan (the "Pkan "), to develop certain real pro erty located within the City and within the City- University Ur Renewal Area and as more articularly described as: [LEGAL DESCRIPTI TO BE PROVIDED Y MARC MOEN] and WHEREAS, the term of thiXAeement s 11 commence on the 3rd day of April, 2012 and terminate twenty (20) years frosuan of the bonds or when the bonds are paid off, whichever is earlier; and WHEREAS, the City, and the Re eloper desire to record a Memorandum of the Agreement referring to the Redevelopment ro rty and their respective interests therein. NOW, THEREFORE, IT IS AGP/EED AS VOLLOWS: 1. That the recording of t is Memorandu of Agreement for Private Redevelopment shall serve as not/kn o the pu lic that the Agr ement contains provisions restricting Redevelopment and of the development Prope and the improvements located and operated on such Reopment roperty, and further sub'ects the Redevelopment Property to a Minimum Assessmereeme t entered into under the au ority of Iowa Code Chapter 403, in which the City and edev oper (and any successors or ssigns) agree that, as of January 1, 2013, a partial assest sh 1 be made fixing the minimum ctual value of the Redevelopment Property and all imm is located thereof for calculation f real property taxes at not less than $2,880,000 afti g into consideration any factors su h as "roll- backs" which would reduce the taxable vf the property, and that, as of January , 2014, a full assessment shall be made fixing the um actual value of the Redevelopment roperty and all improvements located thereof for cation of real property taxes at not less th $5,760,000 after taking into consideration any f such as "roll- backs" which would red e the taxable value of the property; and that ce condominium units located within the PI Towers Development. 2. Th t all of the provisions of the Agreement and an subsequent amendments thereto, if any, 'en though not set forth herein, are by the filing f this Memorandum of Agreement for rivate Redevelopment made a part hereof by reference, nd that anyone making any claim agai st any of said Property in any manner whatsoever shall b fully advised as to all 51 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 Private Redevelopment as of the I — day of April, 2012. (SEAL) STATE OF IOWA COUNTY OF JOHNSON On this and for said County, pe personally known, who respectively of the City of the laws of the State of I said Municipal Corpor i Municipal Corporatio y Clerk acknowledged aid by it voluntarily ex uted. CITY OF IOWA By: Matthew J. H e ATTEST , IOWA Mayor By: arian K. Karr, City Clerk ENTRAL PARK, L.L.C. B Mar Moen day f 0 , before me a Notary Public in rso ally appeared Matthew J. Ha ek and Marian K. Karr, to me bei g duly sworn, did say that the are the Mayor and City Clerk, owa City, Iowa, a Municipal Corpor tion, created and existing under a, and that the seal affixed to the for oing instrument is the seal of on, and that said instrument was signe and sealed on behalf of said authority and resolution of its City Cou cil and said Mayor and City instrument to be the free act and deed of aid Municipal Corporation Notary Public in and for the 52 of Iowa STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 20_, by Marc Moen and , as members of Central Park, L.L.C. EXHIBIT L OPINION OF COUNSEL City of Iowa City Iowa City, Iowa RE: Agreement for Private Redevelopment by and between th City of Iowa City, Iowa and Central Park, L.L.C. City Representati We have acted s counsel for Central Park, L. C., Iowa limited liability company (the "Company "), in co ection with the execution and livery of a certain Agreement for Private Redevelopment (th "Redevelopment Agreement" between the Company and the City of Iowa City, Iowa (the "City dated as of , 2012. We have examined the on al certified ci satisfaction as being true copies, of t4 following: (a) The organization Ior copies otherwise identified to our ing agreement of the Company; (b) Resolutions of the Co pany at which action was taken with respect to the transactions /cove y \haveemed on; (c) The RedeveAgand such other documents and recwe relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent aw, the foregoing exams ation and such other inquiries as we have deemed appropriate, we e of the opinion that: 1. The Comp y was duly organized and val ly exists as a limited liability company under the laws f the State of Iowa and is qualified to do business in the State of Iowa. The Company has fu power and authority to execute, de 'ver and perform in full the Redevelopment Agre ent; and the Redevelopment Agreement s duly and validly authorized, executed and delive d by the Company and, assuming due authori tion, execution and delivery by the City, is i full force and effect and is a valid and legall binding instrument of the Company enfor able in accordance with its terms, except as the same may be limited by bankruptcy, in olvency, reorganization or other laws relating to or ffecting creditors' rights generally. 2. The execution, delivery and performance by the Company f the Redevelopment Agree nt and the carrying out of the terms thereof, will not result in viola 'on of any provision of, or n default under, the articles of organization and operating agreement f the Company or 54 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 body in which there is a reasonable possibility of an adverse decision which adverse of the Agreem 55 iy governmental could materially ilts of operations validity of the /V1 Prepared by: Simon Andrew, Management Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014 RESOLUTION NO. 12 -155 RESOLUTION OF INTENT FOR DESIGN WORK FOR A NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM ANIMAL SERVICES WITH NEIGHBORING JURISDICTIONS WHEREAS, the Iowa City Animal Care and Adoption Center facility located on Kirkwood Boulevard was irreparably damaged in the 2008 flood, and WHEREAS, Iowa City animal services are currently operated from a temporary facility located on Sand Road, and WHEREAS, City staff has developed conceptual designs for a new permanent facility, and WHEREAS, the Federal Emergency Management Agency (FEMA) has committed significant funds toward the construction of a new animal services facility, and WHEREAS, in addition to FEMA funds, the State of Iowa has provided funds for the replacement of the facility and the Friends of the Animal Center Foundation is undertaking a capital campaign to assist with the costs of a new facility, and WHEREAS, the current project completion date requested in 2010 by Iowa City and approved by the State of Iowa and FEMA is May 26, 2012, and WHEREAS, FEMA acceptance of proposed construction site based on environmental and archaeological studies occurred in August, 2011, and WHEREAS, City staff will request an additional extension from FEMA to complete construction by December 31, 2014, and WHEREAS, an improved project request must be submitted to and approved by FEMA prior to construction in order to construct a facility to meet current capacity needs, and WHEREAS, the FEMA improved project request requires sufficient design detail of square footage and materials typically accomplished in the schematic design phase of a project, and WHEREAS, a request for qualifications (RFQ) process for architectural design was undertaken in October of 2011, and WHEREAS, a contract was signed with Neumann Monson Architects on January 10, 2012 and approved by resolution number 12 -19 in accordance with the RFQ process, and WHEREAS, the Iowa City Animal Care and Adoption Center currently provides services to residents across Johnson County, and Resolution No. 12 -155 Page 2 WHEREAS, Iowa City currently has operating agreements with Johnson County, Coralville, and Solon to provide animal services, and WHEREAS, Iowa City is willing to. design and construct a facility that exceeds the needs of its citizens in order to provide services to neighboring jurisdictions if they contribute their proportional share of the construction costs and operating expenses, and WHEREAS, the scope and size of the proposed facility has been subject to the number of neighboring jurisdictions that intend to participate in cost - sharing agreements for said facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa that: 1) FACILITY DESIGN City staff will pursue architectural design with the firm Neumann Monson Architects in accordance with the contract signed on January 10, 2012 and approved by City Council resolution number 12 -19. Furthermore, this design will begin with the conceptual design of approximately 12,000 square feet of interior space presented to Council on March 20, 2012, though actual square footage may vary. Facility size will be evaluated in response to the number of neighboring jurisdictions that intend to participate in capital cost - sharing agreements and operational cost - sharing agreements for said facility. 2) FEMA FUNDING City staff will continue to submit timely requests to the Federal Emergency Management Agency so as to secure the funds committed by the agency to the replacement of the flooded Animal Care and Adoption Center. City staff will ensure facility design is sufficient to submit an improved project request to FEMA. 3) CAPITAL AGREEMENTS AND OPERATING AGREEMENTS WITH NEIGHBORING JURISDICTIONS City staff will pursue capital agreements and operating cost - sharing agreements, subject to Council approval, with neighboring jurisdictions which distribute the capital and operating costs of the planned facility proportional to each jurisdiction's animal intake at the facility. 4) INTERIM SERVICE DELIVERY TO NEIGHBORING JURISDICTIONS In the interim: a. The City will not terminate existing 28E animal service operating agreements with neighboring jurisdictions before June 30, 2013. b. Jurisdictions that communicate their intent to participate in capital and operational funding of the new animal center facility proportional to their animal intake levels and promptly enter into capital agreements and operating agreements will be provided animal services through June 30, 2013. c. Jurisdictions with neither an existing 28E animal services operating agreement nor a communicated intent to enter into capital agreements and operational agreements that distribute the costs of the new facility proportionately based on animal intake levels will be provided service until May 4, 2012. Resolution No. Page 3 12 -155 Passed and approved this 3rd day of April 12012. ATTEST: City Clerk Approved: � -I City Attorney's Office Resolution No. Page 4 12 -155 It was moved by Dobyns and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: X Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton �I ^� ®4 CITY OF IOWA CITY 23 0 �1114 I� E M 0 RA N D U M Date: March 28, 2012 To: Tom Markus, City Manager From: Simon Andrew, Management Intern Re: Animal Care and Adoption Center Update History/Background: 2008 FLOOD The Iowa City Animal Care and Adoption Center (the Center) formerly located on Kirkwood Boulevard in Iowa City was irreparably damaged by the 2008 flood. The Center currently operates out of a temporary facility located on Sand Road; the flood- damaged Kirkwood facility has since been demolished. FEMA REQUIREMENTS The Federal Emergency Management Agency (FEMA) has approved funds to replace the approximately 7,000 square feet of the former facility. These funds total $1.4 million, including a ten percent State of Iowa match and demolition costs. FEMA approved the site of the planned replacement facility on Napoleon Lane in August of 2011. The current timeline presented by FEMA required construction to be complete by May 2012. Staff will request an additional extension from FEMA to complete construction by December 31, 2014. Space needs and design standard improvements were identified in the former facility prior to 2008; the proposed concept plan for the new facility will constitute an 'improved project' for FEMA purposes. An improved project request will be submitted to FEMA; this request will require more detailed architectural design. This design process is expected to take between three and four months. In order to complete construction on the desired timeline, architectural design must move forward as quickly as possible. FRIENDS OF THE ANIMAL CENTER FOUNDATION (FACF) CAPITAL CAMPAIGN FACF has indicated that the organization will raise significant funds toward the construction of the new facility. The Foundation's feasibility report and fundraising goal will be announced in April 2012. SERVICES TO NEIGHBORING JURISDICTIONS The Center has historically provided services to jurisdictions within Johnson County outside of Iowa City's corporate limits. The City of Iowa City currently has 28E operating agreements with Johnson County, Coralville, and Solon. North Liberty has made a verbal agreement and was invoiced in December 2011. All other jurisdictions from which the Center accepts animals currently receive the service free of charge. Prior to fiscal year 2007, Johnson County assumed a per animal fee for all Johnson County residents outside of Iowa City and Coralville. The percentages of animals originating from Iowa City and accepted from neighboring jurisdictions averaged over the previous three years are as follows: Iowa City 57% Unincorporated Johnson County 21% Coralville 10% North Liberty 6% All Others 6% These percentages will change as some jurisdictions find other service delivery options. DESIGN PROCESS In October of 2011, a request for qualifications (RFQ) process was conducted. The firm Neumann Monson Architects was chosen to complete architectural design. A contract with Neumann Monson was signed on January 10, 2012 and approved by City Council resolution 12- 19. The early program and conceptual designs considered a facility of up to 16,180 square feet of interior space. The preliminary cost estimate was $4 million. After refining the service area, phasing options, and cost considerations, this concept was reduced to a facility with approximately 12,000 square feet of interior space, with a preliminary cost estimate of $3 million. The proposed training room and its accompanying spaces were removed from the concept, donation drop -off and vestibule rooms were removed, and other spaces were repurposed for existing animal capacity and storage concerns. Future expansion options were maintained. RESOLUTION TO BE CONSIDERED APRIL 3, 2012 At the April 3 Iowa City City Council formal meeting, a resolution will be considered. This resolution would approve conceptual design, authorize staff to pursue capital cost - sharing agreements and operating cost - sharing agreements with neighboring jurisdictions, and provide interim service to neighboring jurisdictions. NEIGHBORING JURISDICTIONS INTENT TO PARTICIPATE The cities of Coralville and University Heights as well as the University of Iowa have communicated their intent to participate financially in the proposed facility. Discussions are ongoing with Johnson County and Solon. North Liberty has indicated that it will pursue a service agreement with the Cedar Valley Humane Society located in Cedar Rapids, Iowa. All other jurisdictions have either indicated that they will pursue other service delivery options or have not responded. Recommendation: CONTINUE ARCHITECTURAL DESIGN Staff recommends that architectural design move forward for an approximately 12,000 square foot facility, though size will respond to the number of participating jurisdictions. It is incumbent that design move forward in order to meet required FEMA deadlines. CAPITAL COST - SHARING AGREEMENTS Staff recommends that neighboring jurisdictions support the capital costs of the new facility proportional to each jurisdiction's respective animal intake percentages. Staff further 2 recommends FEMA funding and FACF contributions are shared proportionately with participating jurisdictions based on facility use. Staff recommends that the current operating agreement between Iowa City and Coralville should be the basic model for agreements with other jurisdictions. This agreement applies the percentage of Center animals originating in Coralville to the upcoming fiscal year's operational budget, less patrol services. The animal intake percentage is calculated using a moving average over the previous three years. For example, the percentage of total Center animals originating from a neighboring jurisdiction during FY09, FY10, and FY11 would be applied to the FY12 budget. Each year this percentage would be updated to include the immediately preceding three fiscal years. This process accounts for the proportional use by each jurisdiction while flattening payments for budgeting purposes. A large spike in any single fiscal year would be spread out over three years' budgets. INTERIM SERVICE Staff recommends that the City does not terminate existing 28E animal service contracts prior to June 30, 2013. This applies to Coralville, Johnson County, and Solon. Staff further recommends that interim service be provided to those jurisdictions that have communicated their intent to fund both the capital and operating costs of the new facility proportional to their respective animal intake levels. This would be subject to each jurisdiction entering into official agreements as they become available. In addition, staff suggests providing services to those jurisdictions that have neither existing 28E agreements nor communicated their intent to proportionately fund both the capital and operating costs of the new facility until May 4, 2012, so as to allow these jurisdictions to secure an alternative service delivery option. Financial Impact: As noted, the current preliminary cost estimate for the facility is $3 million. While some FEMA funds have been used for demolition of the former facility and design services for the new facility, the vast majority of the $1.4 million FEMA funds, including the State of Iowa match, will be applied to construction costs. Furthermore, FACF expects to raise significant funds, reducing Iowa City's maximum liability. Participating jurisdictions would assume facility costs proportional to their facility use, less FEMA funding and FACF fundraising. As the City further refines the service area and scope of the planned facility, more detailed financial projections will become available. 3 M +, za Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 12 -156 RESOLUTION REPEALING RES. 04 -117 AND ADOPTING A NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY iPAD, AND PROVIDING FOR REIMBURSMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES. WHEREAS, the City Council of Iowa City wishes to establish a policy discontinuing hard copy weekly packets effective June 1, 2012 and thereafter provide for the distribution of electronic weekly Council packets only; and WHEREAS, the City Council of Iowa City wishes to provide for the use by individual Council Members of a City owned iPad or the reimbursement of the expense of purchasing equipment to provide access to weekly electronic council packets; and WHEREAS, the City Council of Iowa City wishes to remove the stipend for supplies and dedicated phone costs associated with accessing electronic packets and /or e-mail via the City address. NOW, THEREFORE, the attached policy is established for electronic delivery of weekly packets and E -Mail policy. Passed and approved this 3rd day of April , 2012 MAYOR proved by (� ATTEST: ]Z/ � le CITY CEERK City Attorney's Office It was moved by Mims and seconded by Dobvns the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton clerk/res /council- epolicy2.doc COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION INCLUDING WEEKLY PACKETS AND E -MAIL April 2012 1. Effective June 1, 2012 Council Members wish to receive the weekly Council packet electronically. 2. Council Members may request a City -owned iPad for accessing the weekly packet or for use for other City business. The iPad will be returned at the end of individual Council Member terms. 3. Council Members may also choose to use personal equipment for accessing their weekly packet electronically, and may request a reimbursement of not to exceed $600 for purchase of the equipment, and provide receipts for that reimbursement. 4. City IT staff will not service personal home computers or printers. Internet service (whether on dedicated phone line, Cable Modem, or DSQ is an agreement between the Council Member and service provider. Contracting for installation and monthly recurring charges is the responsibility of the Council Member. 5. The City will provide individual City Council Member e-mail address to the public. 6. Council Members should advise constituents communicating via e-mail that the correspondence could be public information. 7. The City will distribute e-mail correspondence addressed to "Council" in the next Council packet, or provide as late handout if the items is scheduled for Council discussion. Staff will not receive any copies of a -mails sent to individual Council Members unless "Council' was indicated by the sender or provided by a Council Member. 8. Council members are advised to confine their City related business to the City e-mail address and not a personal e-mail address. If a personal e-mail address is used for City business a -mails regarding City matters may be subject to open records requests. For those e -mails a Council Member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. clerk/res /council- epolicyZ doe 03 Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356 -5030 RESOLUTION NO. 12 -157 RESOLUTION RATIFYING THE PARTIAL SETTLEMENT OF PENDING LITIGATION. WHEREAS, on October 21st, 2011, the City of Iowa City filed a lawsuit in the Johnson County District Court, No. LACV073905 against Innoprise Software, Inc. (Hereinafter "Innoprise ") and Harris Computer Systems, Inc. (hereinafter "HARRIS ") regarding Innoprise's failure to deliver a working ERP software suite to the City of Iowa City; and WHEREAS, HARRIS and the City have arrived at a settlement agreement allowing for dismissal of Iowa City's claim against HARRIS, and wish to resolve that claim; and WHEREAS, HARRIS, as part of the Settlement Agreement, agrees to assist the City in collecting on any future judgment against Innoprise; and WHEREAS, the lawsuit and claim against INNOPRISE will continue on; and WHEREAS, it is appropriate to ratify said settlement, with payment by HARRIS to the City of Iowa City in the amount of $30,000 in full satisfaction of Iowa City's claims against HARRIS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. HARRIS should be dismissed as a defendant in Johnson County District Court case No. LACV073905, and the Settlement Agreement, as previously discussed in executive session earlier this day, April 3`d, 2012, is hereby ratified for the sum of $30,000 payable from HARRIS to the City of Iowa City, in full satisfaction of any and all claims against HARRIS. Litigation against INNOPRISE will continue. 2. City Council for the City of Iowa City hereby approves said settlement with HARRIS as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement with HARRIS, and confirms that said settlement is hereby ratified, HARRIS upon cash payment by HARRIS to the City of Iowa City prior to any dismissal of HARRIS as a defendant in Johnson County District Court case No. LACV073905, with prejudice. Passed and approved this 3rd day of April , 2012. MAYOR Approved by ATTEST: �_ CITY CLERK City Attorney's Office Resolution No. 12 -157 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: Dickens the ABSENT: Champion Dickens Dobyns Hayek Mims _ Payne Throgmorton