HomeMy WebLinkAbout2007-10-16 Correspondence
[]ll[
October 8, 2007
o
:S: /~..
-!l
. ,
--',
Ross Wilburn, Mayor
City Council Members
"- .'
_~i
',f')
j>
f.q
-,'"j
Re: - Application of Iowa City Ambulatory Surgical
Center, LLC for TIF tax rebate
- Request for Inclusion on the October 16,2007 Council Agenda
Dear Mayor Wilburn and City Councilors,
Iowa City Ambulatory Surgical Center, LLC is a newly formed entity in which
Mercy Hospital, Iowa City, Iowa, is a 70% principal owner and in which local
physicians constitute the remaining 30% ownership.
On August 15, 2007 Iowa City Ambulatory Surgical Center, LLC (hereafter
Surgical Center) submitted an application to the City of Iowa City for l1F Tax
Rebate or Tax Abatement/Exemption on its planned project to be built on Lot 12,
Highlander Development Third Addition to Iowa City. This lot is located within
the Northgate Corporate Park Urban Renewal Planned Area as established by
resolution of the Council, No. 99-111 adopted on April 6, 1999.
Subsequent to the submission of the Surgical Center's application, it has been
subject to review and comment by both the City's Economic Development staff
(Wendy Ford) and the Council's Economic Development Committee (Regenia
Bailey, Connie Champion and Bob Elliott). This process of discussion, review,
negotiation and document drafting had progressed through October 2, 2007 until
there was a negative (two to one) vote in connection with the application. The
legal import of the vote, however, is unclear and therefore the status of the
application is also somewhat unclear.
The Northgate Corporate Park Urban Renewal Plan indicates that tax increment
financing, through direct grants, loans or rebates, is to be determined in the City
Council's discretion. Additionally, the statutory authorization for tax increment
financing authorizes such action by municipalities, which action is typically
taken by resolution of the governing body. As such, while we respect the staff
and Economic Development Committee's input and participation in the review
process, we believe that such input is advisory only and that the ultimate decision
about whether tax increment financing is to be awarded on any particular project
is a determination to be made by the entire Council, and not by the staff or by a
subcommittee of less than a majority of Council members. Additionally, the
10/8/2007
Page 2
importance of these decisions for the entire community justifies an opportunity
for review by the Council as a whole, certainly with the option to take into
consideration comments and recommendations of the staff, Economic
Development Committee, the applicant and members of the community. A
decision to provide or not provide tax increment financing should be a decision
made by the entire Council.
It is respectfully requested that the matter of the Surgical Center's TIF
application be placed on the agenda for the Council's meeting of October 16,
2007 to allow the Council to fully consider the application, including the
comments of the applicant, the City staff, the Economic Development
Committee and the public and to thereafter act upon the application.
We have been advised that past applications, when acted upon favorably by the
Council, have generally included the approval of a proposed Redevelopment
Agreement that has been negotiated between the City and the applicant. So as to
be consistent with that process, we will submit to Council on or before October
10 (the deadline for mailing out Council packets for the meeting on October 16)
a Redevelopment Agreement for the Council's consideration. The document will
be based substantially on the draft instrument that had been mutually developed
by the City Staff and the applicant at the time of the Economic Development
Committee's review on October 2.
Your fullest consideration of this request to put the TIF application on the agenda
for October 16 will be greatly appreciated.
Very truly yours,
Iowa City Ambulatory Surgical Center, LLC
By
tJ~
C:~
....-----. ,.-..
..,:: -
--.--J
,
/
)> (}l
1 ~ 1
-~= -~
!~~~'t
~~~lml~
~--
CITY OF IOWA CITY
MEMORANDUM
Date:
To:
From:
Re:
October 10, 2007
City Council
Wendy Ford, Economic Development Coordinator
Iowa City Ambulatory Surgical Center letter and agreement
The Council Economic Development Committee (EDC) met on Sept. 13 and on Oct. 1
to discuss an application for TIF from the Iowa City Ambulatory Surgery Center.
At the Oct. 1 meeting, the EDC voted 2-1 not to recommend the TIF to Council.
On Oct. 8, the Iowa City Area Ambulatory Surgical Center wrote the letter you find in
your packets asking to be included on the Oct 16. Council Agenda for consideration of a
revised Agreement, which has not been reviewed by staff, which you also have in your
packet.
This is the first time the EDC has voted against a TIF application and staff would like
direction from council as to whether you want staff to forward applications that the
committee has not recommended.
Key points in the original agreement:
TERMS
. ICASC makes a minimum investment of $5 million in the building.
. ICASC pays 100% of all property taxes due, estimated approximately $226,000/year.
(Property taxes on same undeveloped lot are approximately $9,200/year.)
. ICASC would receive 3 years of 100% Tax Increment Rebates
(June, 2011 - 2013), with a $600,000 cap.
PERFORMANCE MEASURES
. Pay all property taxes due.
. Attain LEED (Leadership in Energy Efficient Design) certification.
. Maintain a minimum of 20 full-time employment units paid a minimum of $20 per hour.
AGREEMENT FORPIDVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA
AND
IOWA CITY AMBULATORY SURGERY CENTER, L.L.C.
AGREEMENT FOR
PRIVATE REDEVELOPMENT
THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called
"Agreement"), is made on or as of the day of ,2007, by
and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"),
established pursuant to the Code of Iowa of the State of Iowa and acting under the
authorization of Chapter 403 of the Code of Iowa, 2007, as amended (hereinafter called
"Urban Renewal Act") and Iowa City Ambulatory Surgery Center, L.L.c., having an
office for the transaction of business at 2419 Northgate St., Iowa City, Iowa 52240 (the
"Developer").
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has
undertaken a program for the creation of an economic development area in the City and,
in this connection, is engaged in carrying out urban renewal project activities in an area
known as the Northgate Corporate Park Urban Renewal Plan Area, which area is
described in the Urban Renewal Plan approved for such area by Resolution No. 99-111
adopted April 6, 1999; and
WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded
among the land records in the office of the Recorder of Johnson County, Iowa; and
WHEREAS, the Developer owns or has the right to acquire certain real property
located in the foregoing Urban Renewal Area as more particularly described in Exhibit A
attached hereto and made a part hereof (which property as so described is hereinafter
referred to as the "Development Property"); and
WHEREAS, the Developer will acquire the Development Property and cause an
ambulatory surgery center to be constructed on the Development Property in accordance
with this Agreement; and
WHEREAS, the City believes that the development of the Property pursuant to
this Agreement and the fulfillment generally of this Agreement, are in the vital and best
interests of the City and in accord with the public purposes and provisions of the
applicable State and local laws and requirements under which the foregoing project has
been undertaken and is being assisted.
- 1 -
NOW, THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
ARTICLE I. DEFINITIONS
Section 1.1. DefInitions. In addition to other defInitions set forth in this Agreement,
all capitalized terms used and not otherwise defmed herein shall have the following
meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement and all appendices hereto, as the same may be
from time to time modified, amended or supplemented.
Certificate of Completion means a certification in the form of the certificate
attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the
Developer pursuant to Section 3.4 of this Agreement.
City means the City of Iowa City, Iowa, or any successor to its functions.
Code means the Code of Iowa, 2007, as amended.
Construction Plans means the plans, specifications, drawings and related documents
reflecting the construction work to be performed by the Developer on the Development
Property; the Construction Plans shall be as detailed as the plans, specifications, drawings
and related documents which are submitted to the building inspector of the City as
required by applicable City codes.
County means the County of Johnson, Iowa.
Developer means Iowa City Ambulatory Surgery Center, L.L.C., an Iowa limited
liability corporation.
Development Property means that portion of the Northgate Corporate Park Urban
Renewal Plan Area of the City described in Exhibit A hereto.
Economic Development Grants mean the Tax Increment payments to be made by
the City to the Developer under Article VIII of this Agreement.
- 2 -
Event of Default means any of the events described in Section 10.1 of this
Agreement.
First Mortgage means any Mortgage granted to secure any loan made pursuant to
either a mortgage commitment obtained by the Developer from a commercial lender or
other financial institution to fund any portion of the construction costs and initial
operating capital requirements of the Minimum Improvements, or all such Mortgages as
appropriate.
Minimum Improvements shall mean the construction of improvements together with
all related site improvements as outlined in Exhibit B hereto. Minimum Improvements
shall not include increases in assessed or actual value due to market factors.
Mortgage means any mortgage or security agreement in which the Developer has
granted a mortgage or other security interest in the Development Property, or any portion
or parcel thereof, or any improvements constructed thereon.
IOWA CITY AMBULATORY SURGERY CENTER. L.L.c. - TIF Account means
a separate account within the Northgate Corporate Park Urban Renewal Tax Increment
Revenue Fund of the City, in which all Tax Increments received by the City with respect
to the Minimum Improvements shall be deposited.
Net Proceeds means any proceeds paid by an insurer to the Developer under a
policy or policies of insurance required to be provided and maintained by the Developer,
as the case may be, pursuant to Article V of this Agreement and remaining after
deducting all expenses (including fees and disbursements of counsel) incurred in the
collection of such proceeds.
Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund
means the special fund of the City created under the authority of Section 403.19(2) of the
Code and the Ordinance, which fund was created in order to pay the principal of and
interest on loans, monies advanced to or indebtedness, whether funded, refunded,
assumed or otherwise, including bonds or other obligations issued under the authority of
Section 403.9 or 403.12 of the Code, incurred by the City to finance or refmance in
whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project
Area.
A-I
Ordinance means Ordinance No. 99-3879 of the City, under which the taxes levied
on the taxable property in the Project Area shall be divided and a portion paid into the
Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund.
Proiect shall mean the construction and operation of the Minimum Improvements on
the Development Property, as described in this Agreement.
State means the State of Iowa.
Tax Increments means the property tax revenues with respect to the Minimum
Improvements that are divided and made available to the City for deposit in the NOrthgate
Corporate Park Urban Renewal Tax Increment Revenue Fund under the provisions of
Section 403.19 of the Code and the Ordinance.
T ennination Date means the date of tennination of this Agreement, as established in
Section 12.8 of this Agreement.
Unavoidable Delays means delays resulting from acts or occurrences outside the
reasonable control of the party claiming the delay including but not limited to storms,
floods, fires, explosions or other casualty losses, unusual weather conditions, strikes,
boycotts, lockouts or other labor disputes, delays in transportation or delivery of material
or equipment, litigation commenced by third parties, or the acts of any federal, State or
local governmental unit (other than the City).
Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in
respect of the Northgate Corporate Park Urban Renewal Area, described in the-preambies
hereof. .
ARTICLE II. REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes.t;l1e
following representations and warranties: ..-.
(a) The City is a municipal corporation and political subdivision organized under
the provisions of the Constitution and the laws of the State and has the power to enter
into this Agreement and carry out its obligations hereunder.
(b) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
A-2
conditions of this Agreement are not prevented by, limited by, in conflict with, or result
in a breach of, the terms, conditions or provisions of any contractual restriction, evidence
of indebtedness, agreement or instrument of whatever nature to which the City is now a
party or by which it is bound, nor do they constitute a default under any of the foregoing.
Section 2.2. Covenants. Obligations. Representations and Warranties of Developer.
The Developer makes the following representations and warranties:
( a) Developer is a corporation duly organized and validly existing under the laws
of the State of Iowa and has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed to be
conducted, and to enter into and perform its obligations under the Agreement.
(b) This Agreement has been duly and validly authorized, executed and
delivered by the Developer and, assuming due authorization, execution and delivery by
the City, is in full force and effect and is a valid and legally binding instrument of the
Developer enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally.
(c) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result
in a violation or breach of, the terms, conditions or provisions of the certificate of
incorporation and bylaws of Developer or its parents or subsidiaries of any contractual
restriction, evidence of indebtedness, agreement or instrument of whatever nature to
which the Developer is now a party or by which it or its property is bound, nor do they
constitute a default under any of the foregoing.
(d) There are no actions, suits or proceedings pending or threatened against or
affecting the Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business (present or prospective), financial
position or results of operations of the Developer or which in any manner raises any
questions affecting the validity of the Agreement or the Developer's ability to perform its
obligations under this Agreement.
(e) Developer has not received any notice from any local, State for fe~~ral
official that the activities of Developer with respect to the Development Property mayor
will be in violation of any environmental law or regulation (other than those-n.otices, if
A- 3
any, of which the City has previously been notified in writing). Developer is not currently
aware of any State or federal claim filed or planned to be filed by any party relating to
any violation of any local, State or federal environmental law, regulation or review
procedure applicable to the Development Property, and Developer is not currently aware
of any violation of any local, State or federal environmental law, regulation or review
procedure which would give any person a valid claim under any State or federal
environmental statute with respect thereto.
(f) Developer will fully cooperate with the City in resolution of any traffic,
parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Minimum Improvements.
(g) Developer would not undertake its obligations under this Agreement without
the payment by the City of the Economic Development Grants being made to the
Developer pursuant to this Agreement.
(h) The Developer will cause the Minimum Improvements to be constructed in
accordance with the terms of this Agreement and when constructed will comply with the
Urban Renewal Plan and all local, State and federal laws and regulations, except for
variances that may be necessary to construct the Minimum Improvements.
(i) The Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all required permits, licenses and approvals, and will meet, in a timely
manner, all requirements of all applicable local, State, and federal laws and regulations
which must be obtained or met in connection with the Project.
(j) The construction of the Minimum Improvements requires a total investment
of not less than $5,000,000.
ARTICLE III. DEVELOPMENT AND JOB CREATION REQUIREMENT
Section 3.1. Minimum Improvements.
The Developer agrees to complete Minimum Improvements generally cqnsisting of
the construction of a new 20,000 square foot building to house the operating rOQms and
support areas, all as more fully described on Exhibit B hereto. Construction of the
Minimum Improvements shall commence no later than May 1, 2008 and shaH be
completed by December 31,2009.
A-4
The new building will include at least four operating rooms and related support
areas. The construction of the Minimwn Improvements must increase the actual assessed
value of the Development Property by at least 15% over the actual assessed value as of
January 1,2007.
Section 3.2. Job Creation
Developer will create and maintain, until the termination date of this agreement, at
least twenty (20) Full Time Employment (FTE) units that will pay an average hourly
wage equal to at least $20.00 per hour. In addition, Developer will provide these positions
with competitive benefits. An FTE unit means the equivalent of the employment of one
(1) person for eight (8) hours per day for a five (5) day, forty (40) hour workweek for
fifty-two (52) weeks per year.
Section 3.3. Energy Efficiency.
Developer shall design and build the Minimwn Improvements in accordance with
the State Commercial Energy Building Code (ASHRAE Standard 90.1-2004, Energy
Standard for Buildings Except Low-Rise Residential Buildings), with such Code
compliance to be reviewed and approved by a licensed architect or engineecal,ld so
certified to the City prior to the issuance of a Certificate of Completion for theMinimwn
Improvements or any discrete portion thereof. In addition, Developer will participate in
the MidAmerican Energy Commercial New Construction Program. '
Section 3.4. Certificate of Completion.
~.-
Upon written request of the Developer after issuance of an occupancy permit for the
Minimwn Improvements, or any discreet portion thereof, the City will furnish the
Developer with a Certificate of Completion for such portion in recordable form, in
substantially the form set forth in Exhibit C attached hereto. Such Certificate of
Completion shall be a conclusive determination of satisfactory termination of the
covenants and conditions of this Agreement with respect to the obligations of the
Developer to construct the Minimwn Improvements or any discrete portion thereof.
A Certificate of Completion may be recorded in the proper office for the recordation of
deeds and other instruments pertaining to the Development Property at the Developer's
sole expense. If the City shall refuse or fail to provide a Certificate of Completion in
accordance with the provisions of this Section 3.4, the City shall within twenty (20) days
A- 5
after written request to the Developer, provide the Developer with a written statement
indicating with adequate detail, in what respects the Developer has failed to complete the
Minimum Improvements in accordance with the provisions of this Agreement, or is
otherwise in default under the tenns of this Agreement, and what measures or acts will be
necessary, in the opinion of the City, to obtain such Certificate of Completion.
ARTICLE IV. RESERVED
ARTICLE V. INSURANCE
Section 5.1. Insurance Requirements.
~.'
(a) Upon completion of construction of the Minimum Improvements and at all
times prior to the Tennination Date, the Developer shall maintain, or cause to be
maintained, at its sole cost and expense (and from time to time at the request of the City
shall furnish proof of the payment of premiums on) insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured through property
policies against by similar businesses, including (without limitation due to the generality
of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion,
water damage, demolition cost, debris removal, and collapse in an amount not less than
the full insurable replacement value of the Minimum Improvements, but any such policy
may have a deductible amount of not more than $250,000. No policy of insurance shall
be so written that the proceeds thereof will produce less than the minimum coverage
required by the preceding sentence, by reason of co-insurance provisions or otherwise,
without the prior consent thereto in writing by the City. The tenn "full insurable
replacement value" shall mean the actual replacement cost of the Minimum
Improvements (excluding foundation and excavation costs and costs of underground
flues, pipes, drains and other uninsurable items) and equipment, and shall be detennined
from time to time at the request of the City, but not more frequently than once every three
years, by an insurance consultant or insurer selected and paid for by the Developer and
approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability for injuries to persons and/or property, including any injuries resulting
from the operation of automobiles or other motorized vehicles on or about the
A-6
Development Property, in the minimum amount for each occurrence and for each year of
$1,000,000.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Developer, in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self-insured with respect to all or any part of its
liability for worker's compensation.
(b) All insurance required by this Article V to be provided prior to the
Termination Date shall be taken out and maintained in responsible insurance companies
selected by the Developer which are authorized under the laws of the State of Iowa to
assume the risks covered thereby. The Developer will deposit annually with the City
copies of policies evidencing all such insurance, or a certificate or certificates or binders
of the respective insurers stating that such insurance is in full force and effect. Unless
otherwise provided in this Article V, each policy shall contain a provision that the insurer
shall not cancel or modify it without giving written notice to the Developer and the City
at least thirty (30) days before the cancellation or modification becomes effective. Not
less than fifteen (15) days prior to the expiration of any policy, the Developer shall
furnish the City evidence satisfactory to the City that the policy has been renewed or
replaced by another policy conforming to the provisions of this Article V, or that there is
no necessity therefor under the terms hereof. In lieu of separate policies, the Developer
may maintain a single policy, or blanket or umbrella policies, or a combination thereof,
which provide the total coverage required herein, in which event the Developer shall
deposit with the City a certificate or certificates of the respective insurers as to the
amount of coverage in force upon the Minimum Improvements.
(c) The Developer agrees to notify the City immediately in the case of damage
exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from frre or other casualty. Net Proceeds of any such insurance
shall be paid directly to the Developer, and the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an
improved condition or value as they existed prior to the event causing such damage and,
to the extent necessary to accomplish such repair, reconstruction and restoration, the
Developer will apply the Net Proceeds of any insurance relating to such damage received
by the Developer to the payment or reimbursement of the costs thereof.
(d) The Developer shall complete the repair, reconstruction and restoratioIl{)f
the Minimum Improvements in a timely manner, whether or not the Net Proceeds of
insurance received by the Developer for such purposes are sufficient.
A-7
ARTICLE VI. COVENANTS OF THE DEVELOPER
Section 6.1. Maintenance of Properties. The Developer will maintain, preserve
and keep its properties (whether owned in fee or a leasehold interest), including but not
limited to the Minimum Improvements, in good repair and working order, ordin8.ty wear
and tear excepted, and from time to time will make all necessary repairs, replacements,
renewals and additions.
Section 6.2. Maintenance of Records. The Developer will keep at all times proper
books of record and account in which full, true and correct entries will be made of all
dealings and transactions of or in relation to the business and affairs of the Developer in
accordance with generally accepted accounting principles, consistently applied
throughout the period involve<L and the Developer will provide reasonable protection
against loss or damage to such books of record and account.
Section 6.3. Compliance with Laws. The Developer will comply with all laws,
rules and regulations relating to the Minimum Improvements, other than laws, rules and
regulations the failure to comply with which or the sanctions and penalties resulting
therefrom, would not have a material adverse effect on the business, property, operations,
or condition, financial or otherwise, of the Developer.
Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the
Developer shall not discriminate against any applicant, employee, person or tenant
because of race, cree<L color, religion, sex, national origin, sexual orientation, age,
disability, marital status or gender identity. The Developer shall ensure that applicants,
employees, persons and tenants are considered and are treated without regard to their
race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital
status or gender identity.
Section 6.5. Continued Operation and Employment. Commencing upon the
execution of the Agreement, the Developer agrees that it will operate an ambulatOlY
surgery center, employing at least twenty (20) full time equivalent (FTE) employees, and
will continue operation of this building and center until at least the Termination Date set
forth in Section 12.8 thereof.
Section 6.6. Annual Certification. To assist the City in monitoring and performance
. ~
of the Developer hereunder, a duly authonzed officer of the Developer shall ann~y ,~
provide to the City: (a) a written statement from the County Auditor showing the-~un~
r--. .....,/ I:'..
\ I ....... ("",)
.:::::r \ )
,....,...1 ~, "-.( ,
'\ !'C:" ...... "
""..... f'.... ,">
"":',1 "-J ""-'/
\ I " "'-"
,~ ::..)! .~ .'''
~._"to, __. " r"'.
..4- . ..."'. .' /"
?s ,^, /
<. . . \...-:
........",
A- 8
of Tax Increments (as defmed in Section 1.1 of this Agreement) in respect of the
Minimum Improvements (excluding increases in assessed or actual value due to market
factors) for the following fiscal year; (b) proof that all ad valorem taxes on the
Development Property have been paid for the prior fiscal year; (c) documentation in the
form of payroll records evidencing compliance with the jobs creation portion of this
agreement outlined in section 3.2; and (d) certification that such officer has re-examined
the terms and provisions of this Agreement and that at the date of such certificate, and
during the preceding twelve (12) months, the Developer is not, or was not, in default in
the fulfillment of any of the terms and conditions of this Agreement and that no Event of
Default (or event which, with the lapse of time or the giving of notice, or both, would
become an Event of Default) is occurring or has occurred as of the date of such
certificate; or during such period, or if the signer is aware of any such default, event or
Event of Default, said officer shall disclose in such statement the nature thereof, its
period of existence and what action, if any, has been taken or is proposed to be taken with
respect thereto. Such statement, proof and certificate shall be provided not later than
November 1 of each year, commencing November 1, 2009, and ending on Novemb~ 1,
2011 both dates inclusive. Upon certification by the Developer on or befonrJSlove~r 1,
2009, the City will certify to establish a base value as of January 1, 2007. ~ c; ~ -n
() -<< r-
::::; C) 0 r, '\'-'\
~...,/' r-'-
ARTICLE VII. ASSIGNMENT AND TRANSFER - -.. C2 ~ tJ
0-') ;::=::
-- -;::::.. \.--'
Section 7.1. Status of the Developer: Transfer of Substantially All Asse~ As U\
security for the obligations of the Developer under this Agreement, the Developer
represents and agrees that, prior to the issuance of the Certificate of Completion and prior
to the Termination Date, the Developer will maintain existence as an adequately
capitalized corporation and will not wind up or otherwise dispose of all or substantially
all of the Development Property and Minimum Improvements, or assign its interest in this
Agreement to any other party unless (i) the transferee partnership, corporation, limited
liability company or individual assumes in writing all of the obligations of the Developer
under this Agreement and (ii) the City consents thereto in writing in advance thereof.
Notwithstanding the foregoing, however, or any other provisions of this Agreement, (a)
Developer may transfer its interest in and to this Agreement to any affiliate which is
controlled by, under common control with, or controls Developer or to any entity that
acquires all or substantially all of the assets of the Developer or to any corporate
successor to Developer by consolidation, merger, or otherwise, and (b) the Developer
may (1) pledge any and/or all of its assets as security for any fmancing of the Minimum
Improvements; (2) assign its rights under this Agreement to a third party, provided such
assignment shall not release the Developer of its obligations hereunder, and the City
agrees in writing that Developer may assign its interest under this Agreement for such
A-9
purpose; and (3) the Developer may transfer its ownership interest to a third-party under
an arrangement whereby Developer will lease the Development Property back and
continue to satisfy the requirements of this Agreement.
ARTICLE VITI. ECONOMIC DEVELOPMENT GRANTS
Section 8.1. Economic Development Grants. (a) For and in consideration of the
obligations being asswned by the Developer hereunder, and in furtherance of the goals
and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal
Act, the City agrees to provide three (3) annual grants to the Developer, subject to the
Developer having received a Certificate of Completion and being and remaining in
compliance with the terms of this Agreement and subject to the terms of this Article VIII.
The annual grants shall commence on June 1,2011 and end on June 1,2013, and the
total of all grants shall not exceed $600,000. Each of the three (3) annual grants shall be
equal to one hundred percent (100%) per fiscal year of the Tax Increments collected by
the City with respect to the Minimum Improvements on the Development Property
pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance
(without regard to any averaging that may otherwise be utilized under Section 403 .19(6)
and excluding any interest that may accrue thereon prior to payment to the Developer)
during the preceding twelve-month period in respect of the Development Property and the
Minimwn Improvements, but subject to adjustment and conditions precedent as provided
in this Article (such payments being referred to collectively as the "Economic
Development Grants").
(b) The obligation of the City to make an Economic Development Grant to the
Developer in any year as specified above shall be subject to and conditioned upon the
timely filing by the Developer of all previous annual statements, proofs and certifications
required under Section 6.6 hereof and the City Manager's approval thereof. Beginning
with the November 1, 2009 certification, if the Developer's annual statement, proof and
certification is timely filed and contains the information required under Section 6.6 and
the City Manager approves of the same, the City shall certify to the County prior to
December 1 of that year its request for the available Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected by the
City as taxes are paid during the following fiscal year and which shall thereafterJ2e
disbursed to the Developer on June 1 of the following fiscal year. (For exampl~ the ~
Developer and the City each so certify on November and December 2009, res~.@ely~
the first Economic Development Grant would be paid to the Developer on J~ Bc20 W' :tJ
~r-:--. ;r---...::.
() ::;.,;' .b" -
Jf >~ /!:;~ fJ:7
'. \....J
C./1
-
A-IO
(c) In the event that the annual statement, proof or certification required to be
delivered by the Developer under Section 6.6 is not delivered to the City by November 1
of any year, the Developer recognizes and agrees that the City may have insufficient time
to review and approve the same and certify its request for Tax Increments to the County
and that, as a result, no Economic Development Grant may be made to the Developer in
respect thereof and said Economic Development Grant may be forfeited for that particular
fiscal year.
(d) The total, aggregate amount of all Economic Development
Grants under this Agreement shall not exceed $600,000. Each Economic Development
Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per
fiscal year in respect of the assessments imposed on the Development Property and
Minimum Improvements as of January 1,2009, and on January 1 of each of the following
r-->
three (3) years, until the total, aggregate of all such Economic Development 0"ants ~als
no more than the sum total of $600,000. The fm~ grant shall be.adjusted, if~s~if ......,....,
payment of 100% of Tax Increments for that grant would result m total, aggr~a(~ _t \ I
Economic Development Grants in an amount exceeding $600,000. Such Eco~ C) \.~
Development Grants shall at all times be subject to termination in accordance""wJTh. the- :.,-.:....\
terms of this Article VIII and Article X. Thereafter, the taxes levied on the D~~t '.......1
Property and Minimum Improvements shall be divided and applied in accord~e wit%,
the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total
aggregate amount set forth above is a maximum amount only and that the actual payment
amounts will be determined after the Minimum Improvements are completed and the
valuations of said Improvements have been determined by the City Assessor.
(e) In the event that any certificate filed by the Developer under Section 6.6 or
other information available to the City discloses the existence or prior occurrence of an
Event of Default that was not cured or cannot reasonably be cured under the provisions of
Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would
become an Event of Default that cannot reasonably be cured under the provisions of
Section 10.2), the City shall have no obligation thereafter to make any further payments
to the Developer in respect of the Economic Development Grants and may proceed to
take one or more of the actions described in Section 10.2 hereof.
Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants
shall be payable from and secured solely and only by amounts deposited and held in the
IOWA CITY AMBULATORY SURGERY CENTER.. L.L.C. - TIF Account of the City.
The City hereby covenants and agrees to maintain the Ordinance in force during the term
hereof and to apply the incremental taxes collected in respect of the Minimum
Improvements and allocated to the IOWA CITY AMBULATORY SURGERY CENTER,
A-ll
L.L.C. - TIF Account to pay the Economic Development Grants, as and to the extent set
forth in Section 8.1 hereof. The Economlc Development Grants shall not be payable in
any manner by other tax increment revenues or by general taxation or from any other City
funds.
(b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no
obligation to make an Economic Development Grant to the Developer if at any time
during the term hereof the City receives an opinion of its legal counsel to the effect that
the use of Tax Increments resulting from the Minimum Improvements to fund an
Economic Development Grant to the Developer, as contemplated under said Section 8.1,
is not authorized or otherwise an appropriate project activity permitted to be undertaken
by the City under the Urban Renewal Act or other applicable provisions of the Code, as
then constituted, or under a controlling decision of an Iowa court having jurisdiction over
the subject matter hereof. Upon receipt of such an opinion or controlling decision by an
Iowa court, the City shall promptly forward a copy of the same to the Developer. If the
circumstances or legal constraints giving rise to the opinion or controlling decision
continue for a period during which two (2) Economic Development Grants would
otherwise have been paid to the Developer under the terms of Section 8.1, the City may
terminate this Agreement, without penalty or other liability to the Developer, by written
notice to the Developer.
(c) The City makes no representation with respect to the amounts that may fmally
be paid to the Developer as the Economic Development Grants, and under no
circumstances shall the City in any manner be liable to the Developer so long as the City
timely applies the Tax Increments actually collected and held in the IOWA CITY
AMBULATORY SURGERY CENTER. L.L.C. - TIF Account (regardless of the amounts
thereof) to the payment of the Economic Development Grants to the Developer, as and to
the extent described in this Article.
Section 8.3, Use of Other Tax Increments. Subject to this Article VIII, the City shall
be free to use any and all Tax Increments collected in respect of increases in valuation on
the Development Property unrelated to construction of the Minimum Improvements (i.e.
increases in assessed or actual value due to market factors) any other properties within
the Project Area, or any available Tax Increments resulting from the suspension or
termination of the Economic Development Grants under Section 8.1 hereof, for any
purpose for which the Tax Increments may lawfully be used pursuant to the provisions of
the Urban Renewal Act, and the City shall have no obligations to the Developer with
respect to the use thereof. C5
-0:- ,':::::2
""""(1 t::.'--
_'t;.~ :::--!., ~
___ c:..)
(-........ -"_.-' C-::1
--.:", ......i
,J (~ ..... ......"
" r:-' <::::> I )
;>- ! 1-7 ,t':::::::
A - 12 C.:):;:)) ,b~ __
:;s;: --"" ~ i n
:k: ' c-::S ;--,
'. ,,_/
V,
.....
ARTICLE IX. INDEMNIFICATION
Section 9.1. Release and Indemnification Covenants.
(a) The Developer releases the City and the governing body members, officers,
agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the
"indemnified parties") from, covenants and agrees that the indemnified parties shall not
be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties
against, any loss or damage to property or any injury to or death of any person occurring
at or about or resulting from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct
or any unlawful act of the indemnified parties, the Developer agrees to protect and defend
the indemnified parties, now or forever, and further agrees to hold the indemnified parties
harmless, from any claim, demand, suit, action or other proceedings whatsoever by any
person or entity whatsoever arising or purportedly arising from (i) any violation of any
covenant, term or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by the Developer against the City to enforce its
rights under this Agreement), (ii) the acquisition and condition of the Development
Property and the construction, installation, ownership, and operation of the Minimum
Improvements or (ui) any hazardous substance or environmental contamination located in
or on the Development Property relating to conditions caused by Developer after the
effective date of this Agreement.
(c) The indemnified parties shall not be liable for any damage or injury to the
persons or property of the Developer or its officers, agents, servants or employees or any
other person who may be about the Minimum Improvements due to any act of negligence
of any person, other than any act of negligence on the part of any such indemnified party
or its officers, agents, servants or employees.
(d) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements
and obligations of the City, and not of any governing body member, officer, ~nt, ~
servant or employee of the City in their individual capacity thereof. s: ~i>--0 0
~l> ---I c~)
(e) The provisions of this Article IX shall survive the termination of1Uu~ -l
-I (-, 0
Agreement. ~-< ?-:'
_C~! ~
C) ::!.J -">
-< /", C)
~
JJ
ARTICLE X. DEFAULT AND REMEDIES
iTI
t--,
:"',j
c.n
A-13
Section 10.1. Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean, whenever it is used in
this Agreement, anyone or more of the following events:
(a) Failure by the Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions and
limitations of Article III of this Agreement;
(b) Transfer of any interest in this Agreement or the assets of the Developer in
violation of the provisions of Article VII of this Agreement;
(c) Failure of the Developer to provide and maintain, until the termination date
of this agreement as outlined in Section 12.8, the requisite jobs outlined in Section 3.2;
(d) Failure by the Developer to substantially observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement;
(e) The holder of any Mortgage on the Development Property, or any
improvements thereon, or any portion thereof, commences foreclosure proceedings as a
result of any default under the applicable Mortgage documents;
(f) If the Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become
due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer as a bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be filed in
any court and such petition or answer shall not be discharged or denied within ninety (90)
days after the filing thereof; or a receiver, trustee or liquidator of the Develop~or the":J
Minimum Improvements, or part thereof, shall be appointed in any proceedin~brou@
"i:- (")
_-- -~ C::')
----j r..-)
0""( ....,
1C) - 2J
" r- c::> r--
___ j-rj "- t -..
0;1.) ~ ,-f 7
-J:- -.,. ,r"._.....;
~:;. ....., -:.
:s 9 '.~..J
A-14
C'1
-
against the Developer, and shall not be discharged within ninety (90) days after such
appointment, or if the Developer shall consent to or acquiesce in such appointment; or
(g) If any representation or warranty made by the Developer in this Agreement,
or made by the Developer in any written statement or certificate furnished by the
Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or
misleading in any material respect on or as of the date of the issuance or making thereof.
Section 10.2. Remedies on Default. Whenever any Event of Default referred to in
Section 10.1 of this Agreement occurs and is continuing, the City, as specified below,
may take anyone or more of the following actions after (except in the case of an Event of
Default under subsections (e) or (f) of said Section 10.1 in which case action may be
taken immediately) the giving of thirty (30) days' written notice by the City to the
Developer and the holder of the First Mortgage (but only to the extent the City has been
informed in writing of the existence of a First Mortgage and been provided with the
address of the holder thereof) of the Event of Default, but only if the Event of Default has
not been cured within said thirty (30) days, or if the Event of Default cannot reasonably
be cured within thirty (30) days and the Developer does not provide assurances
reasonably satisfactOl)' to the City that the Event of Default will be cured as soon as
reasonably possible:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement; () ~
'5 -.J
__0 Cl
)>' __ { t-::
C)-<
-\ () c:>
-:-.::,~ I:-:~
rr ! :Po
r) :-D ::<::
(d) The City may take any action, including legal, equitable ~ 7;: ~
administrative action, which may appear necessary or desirable to enforce performance
and observance of any obligation, agreement, or covenant of the Developer, as the case
may be, under this Agreement; or
(c)
The City may withhold the Certificate of Completion;
11
,-
iT1
r---'
\...".)
(b)
The City may terminate this Agreement;
(e) The City shall be entitled to recover from the Developer, and the
Developer shall re-pay to the City, an amount equal to the most recent Economic
Development Grant previously made to the Developer under Article VIII hereof, and the
City may take any action, including any legal action it deems necessary, to recover such
amount from the Developer. In the event that the City prevails in recovering the most
A-IS
recent Economic Development Grant previously made to the Developer under Article
VIII hereof, the City shall also be entitled to recover attorney fees from the Developer.
Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other available remedy or remedies, but
each and every remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient.
Section lOA. No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event
of Default occurs and the party who is not in default shall employ attorneys or incur other
expenses for the collection of payments due or to become due or for the enforcement or
performance or observance of any obligation or agreement on the part of the party in
default herein contained, the party in default agrees that it shall, on demand therefor, pay
to the party not in default the reasonable fees of such attorneys and such other expenses
as may be reasonably and appropriately incurred by the party not in default in connection
therewith.
ARTICLE XI. OPTION TO TERMINATE AGREEMENT
Section 11.1. Option to Terminate. This Agreement may be terminated by the
Developer if (i) the Developer is in compliance with all material terms of this Agreement
and no Event of Default has occurred which has not been cured in accordance with the
provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term
of this Agreement, and, after written notice by the Developer of such failure, the City has
failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if
such noncompliance cannot reasonably be cured by the City within ninety (90)~ays of
receipt of such notice, the City has not provided assurances reasonably satisfa~ry to ~
Developer that such noncompliance will be cured as soon as reasonably possibhf:? ~
''-{ c. ')
() '-..-' C;.
-::: " ......,
,_'-:.1 c) ...... _ "-]
'- ;<, <:::::> - !
;:::::..... L;! /""::::::
:;;d ::;'.~; i ;l:-". r-;-.
~~\ ~ :~_j I
:s f".:), '-,
A - 16 ',.j
c.r,
......
Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this
Article XI, this Agreement shall be from such date forward null and void and of no
further effect; provided, however, that the City's rights to indemnification under Article
IX hereof shall in all events survive and provided further that the termination of this
Agreement shall not affect the rights. of any party to institute any action, claim or demand
for damages suffered as a result of breach or default of the terms of this Agreement by
another party, or to recover amounts which had accrued and become due and payable as
of the date of such termination. In any such action, the prevailing party shall be entitled to
recover its reasonable attorneys fees and related expenses incurred in connection
therewith (but only, in the case of recovery of such fees against the City, to the extent
permitted by applicable law). Upon termination of this Agreement pursuant to this Article
XI, the Developer shall be free to proceed with the construction and operation of the
Minimum Improvements at its own expense and without regard to the provisions of this
Agreement.
ARTICLE XII. MISCELLANEOUS
Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its
best knowledge and belief after due inquiry, no officer or employee of the City, or its
designees or agents, nor any consultant or member of the governing body of the City, and
no other public official of the City who exercises or has exercised any functions or
responsibilities with respect to the Project during his or her tenure, or who is in a position
to participate in a decision-making process or gain insider information with regard to the
Project, has had or shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work or services to be performed in connection
with the Project, or in any activity, or benefit therefrom, which is part of the Project at
any time during or after such person's tenure.
Section 12.2. Notices and Demands. A notice, demand or other communication
under this Agreement by any party to the other shall be sufficiently given or delivered if it
is dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(a) In the case of the Developer, is addressed or delivered personally to
the Developer at 2419 Northgate St, Iowa City, Iowa 52240.
(b) In the case of the City, is addressed to or delivered personally to ~e
City at the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, 5~O,
Attn: City Manager .)~ D ~)
, r.... "" ~;)
~ .J ",\__l f"o... "V
,;., c':;;J
~,-~! ("..... "'Yf
..... \ 1":./ ........
,............. I';) <:;) .........
'<;~ ,~ .. F'}
~~ 4~;- ~ /'<",1
....c4., ~ ,~ /...........
~' ,. /....
~) /.< /
~. ~ /
........ .~
A-17
or to such other designated individual or to such other address as any party shall have
furnished to the other in writing in accordance herewith.
Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles,
and Sections of this Agreement are inserted for convenience of reference only and shall
be disregarded in construing or interpreting any of its provisions.
Section 12.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 12.5. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the
entire agreement between the parties regarding the subject matter hereof, and supersedes
and replaces all prior agreements, negotiations or discussions, whether oral or written.
This Agreement may not be amended except by a subsequent writing signed by all parties
hereto.
Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure
to the benefit of and be binding upon the parties hereto and their respective successors
and assigns.
Section 12.8. Tennination Date. This Agreement shall tenninate and be of no
further force or effect on and after December 31, 2011.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested
by its City Clerk, the Developer has caused this Agreement to be duly executed in its
name and behalf by Iowa City Ambulatory Surgery Center, L.L.C.
(SEAL)
CITY OF IOWA CITY, IOWA
By:
Mayor
By:
r__'
CC:l
C) C:.
-.J
~ C) C')
)"> C'" 11
-<~ -.,{
c) r-
---; r--. 0
.:--<~' ~:__:: ,..". \1
A 18 r~: r-1
- -r, ::1: \,,,j
0 _.....)
< ;::A: 0
> CJ1
ATTEST:
City Clerk
IOWA CITY AMBULATORY SURGERY CENTER L.L.C.
By:
ATTEST:
By:
(title)
COUNTY OF
)
) SS
)
STATE OF IOWA
On this day of ,2007, before me a Notary Public in and
for said County, personally appeared Ross Wilburn and Marian Karr to me personally
known, who being dilly 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
~-.J
0 c:::>
c:....,
STATE OF ) <:::: -.J
;:c.;..C) 0
r:> -: C')
) SS ,.- ---i
~~ -,I -i 11
COUNTY OF ) (~ )'
-j ("~. <:) r-
, ".
--" r'~ i!j
rr, :;0,.
C);C,l r'~.J
\ ___.~i
--/.., 0
:<::
)> 01
A-19
On this day of , 2007, before me the undersigned, a
Notary Public in and for said County, in said State, personally appeared
and , to me personally known, who, being by
me duly sworn, did say that they are the and of
Iowa City Ambulatory Surgery Center, L.L.C., and that said instrument was signed on
behalf of said corporation; and that the said and
, as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by them voluntarily executed.
Notary Public in and for the State of Iowa
f"...:J
0 C:::':J
<.:::I
~C) --...
(:)
.J.> ::::J ()
c) ~ -I JJ
"-
~l ) 0 :!"'-,-
r--
..... .t [T')
rn :r:r".
c)~! =1::- ,..-,.,,-.,
-s: /" C) i__J
:<:..
)> C.J1
A-20
EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property is described as consisting of all that certain parcel or
parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more
particularly described as follows:
LEGAL DESCRIPTION
Lot 12, Highlander Development Third Addition, Iowa City, Iowa, according to the
plat thereof recorded in Book 44, Page 215, Plat Records of Johnson County, Iowa.
EXHIBIT B
MINIMUM IMPROVEMENTS
The Developer agrees to complete Minimum Improvements generally consisting of
the construction of a new 20,000 square foot building to house the operating rooms and
support areas. The new building will include four to six operating rooms and related
support areas. The construction of the Minimum Improvements must increase the actual
assessed value of the Development Property by at least 15% over the actual assessed
value on January 1, 2007.
0 '"
C:::"J
c:::.
:;;: ........
..,..-0 CJ
,t,> -" G
- -I
,--... ~..,.! -~: .77
~ ."
___I (-- (:) <-'-
! '- )
::-< r-:" i~n
rrj :r..
C) :lJ -- (-;
_..~~
< /-: C3 \._.J
)> <.n
A- 21
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City of Iowa City, Iowa (the "City") and IOWA CITY
AMBULATORY SURGERY CENTER, L.L.C. having an office for the transaction of
business at 2419 Northgate St., Iowa City, Iowa 52240 (the "Developer"), did on or about
the day of ,2007, make, execute and deliver, each to the other,
an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the
Developer agreed, in accordance with the terms of the Agreement, to develop and
maintain certain real property located within the City and as more particularly described
as follows:
LEGAL DESCRIPTION
Lot 12, Highlander Development Third Addition, Iowa City, Iowa, according to the
plat thereof recorded in Book 44, Page 215, Plat Records of Johnson County, Iowa.
WHEREAS, the Agreement incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Developer to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Developer has to the present date performed said covenants and
conditions insofar as they relate to the construction of said Mitrimum Improvements in a
manner deemed by the City to be in conformance with the approved building plans to
permit the execution and recording of this certification.
NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify
that all covenants and conditions of the Agreement with respect to the obligations of the
Developer, and its successors and assigns, to construct the Minimum Improvements on
the Development Property have been completed and performed by the Developer and are
hereby released absolutely and forever terminated insofar as they apply to the land
described herein. The County Recorder of Johnson County is hereby authorized to accept
for recording and to record the filing of this instrument, to be a conclusive determination
of the satisfactory termination of the covenants and conditions of said Agreement with
respect to the construction of the Minimum Improvements on the Development Property.
C - 22
&
$~
("'.. ",,~/ ~>
,""-.-) "/ '\;-'
,',-.)(~\ \- ~
, \'., .....:.)
l~'>:' /'.', ...;-. "Y
~ ,';.. ."\.
~-S(.)/ ~
~ \' <~~.
(~'
.0
'\,<:.:> .
--...
~':-/)
'- '
,." /."'~~
r'''..../
> ,
,-'"
All other provisions of the Agreement, including but not limited to the job creation
and retention requirements, shall otherwise remain in full force and effect Wltil
termination as provided therein.
(SEAL)
CITY OF IOWA CITY, IOWA
By:
Mayor
ATTEST:
By:
City Clerk
STATE OF IOWA
)
) SS
COUNTY OF JOHNSON )
On this day of , 2007, before me a Notary Public in and for
said COWlty, personally appeared Ross Wilburn and Marian Karr, to me personally
known, who being duly swom, 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 Johnson COWlty, Iowa
C - 23
(5 :;;g
~{) ~
J=..... -.::: c:::;
r"'1 ~-j f:?
-=-:' ''-J-.
-_"'1--,""""- I I
..-< r':..::' C:) :::.:---.
-_hi "'-- :-
or..., i- ..A..~ ,( r-.,
~5,;:r ~ r~.~1
::f;;. , S? <.j
c.ry
f\:)
Marian Karr
n;:
From:
Sent:
To:
Cc:
Rachel Leist [rleist@staffmanagement.com]
Friday, September 28, 2007 2:55 PM
Council
Ron Logsden; quintela.cf@pg.com; tsheldon
Dear City Council Members,
My name is Rachel Dolezal Leist, and I am native to Iowa City and have been the Senior
Account Manager for Staff Management in Iowa City for the last five years. My client is
Procter & Gamble and we employ and manage about 500 contract associates on site at P&G's
Beauty Care plant on Lower Muscatine Road.
I am sure you are aware of the extremely low unemployment rates within the city and the
surrounding counties, so we struggle daily to hire a sufficient number of associates to
maintain the headcount we need. Our client's business is expanding here locally and we
are being asked to increase our headcount on all shifts to accommodate this new business.
In addition to hiring, we are pursuing all avenues to expand the availability of the
current workforce. One obstacle for our associates is the lack of adequate public
transportation available to get people to work for the P&G shift start times.
I have spoken with Ron Logsden from Iowa City Transit. We discussed my concerns and he
recommended that I contact you for help. We run the production lines 24 hours a day,
seven days a week. More than half of our associates are full time, but in order to
accommodate part time workers we break up the 1st and 2nd shifts into 4-hour blocks and
then have a separate block to cover breaks. The shifts break out in the following
fashion:
1st Shi ft : 6am - lOam, lOam - 2pm
7am - 12:30pm
2nd Shift: 2pm - 6pm, 6pm - 10pm
4pm - 9:30pm
3rd Shift: 10pm - 6am
12am - 5:50am
We have a constant shortage of people for the 6am - lOam block because there are no busses
that provide service prior to 7am. We also have problems when the lines need to run even
a half an hour past 10pm, because many of our workers have to catch the last bus right
after 10pm or they are not able to get home.
The weekends, particularly sundays are also difficult for us because we cannot count on
anyone who rides the bus, since they do not operate on Sundays.
I am hoping you can offer some suggestions to help us provide workers for P&G.
The next several months we will be working to increase our headcount to around 600 and
with the current market conditions and the public transportation concerns, I am
apprehensive about our ability to be successful.
I am available to discuss any ideas or questions you may have for me and appreciate any
help or assistance you can provide.
Sincerely,
Rachel Leist
Senior Account Manager, Staff Management Office #11 Procter & Gamble, Iowa City, Iowa
Office: 319-339-2364
Fax: 319-339-2773
1
Executive
Members
Shelly Campo
LaShelle Christensen
Jim Clayton
Co-Chairperson
Sam Cochran
Kate Fitzgerald
James Hall
Sarah Hansen
Sam Hargadine
Dale Helling
Will Jennings
Phillip E. Jones
Janet Lyness
Bill Nelson
Steve Parrott
Carole Peterson
Lane Plugge
Angela Reams
Coordinator
Nan Trefz
Abigail Volland
Patti Wallen
Ross Wilburn
Ralph Wilmoth
't .... The
:t~:~I~PPING UP,
'TO R.duc.lh. Hormful Effects of High Risk Drinking
G;:
[""I r
I I
r '
J") ,., I. I"
-. ,) J."
L
C j' I
ro".'
\/\:'-\
., ;1--\
j It ,
I'j
".,',n
.;~' .'"'\
October 1, 2007
City Council of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Dear Mayor and City Council:
The University of Iowa receives many magazines and newspaper
publications for students informing them about bar specials, drinking
games, and how to behave as a 'drunk student'. This material is allowed to
an extent due to freedom of press, but many do not agree with the
information provided to students.
Recently, we obtained a copy of the magazine, On Campus, and inside
found a few drink special advertisements that we believe violate our local
ordinance. The specials include extremely cheap drinks and ladies night
promotions, which both violate the Iowa City Code on drink specials. We
have copied the front of the magazine as well as each advertisement for
your reVIew.
In light of recent discussions on the safety of downtown and in the bars
with the upcoming ballot issue, we wanted to make you aware of these
advertisements. Bars that provide unlimited or special promotions for
extremely cheap alcohol do not create a safe and healthy environment to
protect our students or reduce high risk drinking. Please let us know if you
have any questions.
Sincerely,
~~
Angela A. Reams
Project Coordinator
i,'~i/2 .'.L..~ ~
':/'1 fZ'j ~
j
James Clayton
Committee Co-Chair
100 Stanley Hall. The University of Iowa, Iowa City, IA 55242
Phone: (319)335-1349 Fax: (319)353-2527
I~
I
I
I
I
I
I
I
I:
I Yep. Even Buster reads
oncampusmag.com
- .
. .
I
FARRAS PRODUCTIONS
PRESENTS
lackl
~1j'~@~~
Prol1\, CaliPortVa dj Papa Calv
platjillS ttte belt oP tt;p ttop.
alterl\.atlve. re~sae. ressaeto
ttou/e and c1'al\.ce clallicl
~~~~~
~~~IDYJif[m
great atmosphere, air conditioning;,cle:
environment, and the MOST amazing
DRINK SPECIALS
For nich Infonn8tIon:
Call e.enIn 6 319;~2:t .8810
or emaH hi,!,: 1en1nc8~.coIn.'
FarrOI 320~
Page 1 of 1
Marian Karr
From: Jim Knapp Dimknapp@mchsLcom]
Sent: Tuesday, October 02, 2007 5:55 PM
To: Council
Cc: newsroom@press-citizen.com
Subject: Downtown Drinking part 1
Attachments: Through The Looking Glass Downtown Drinking part 1 .doc
Dear Councilors:
It is time for you go stand up and be counted. You are not the sole representatives of the Downtown Business
Association. The taxpayers of Iowa City elected you not the 34 or so bar owners and slumlords that even scoffed
at the direction to put fire sprinklers in 2 years before the building burned down. Let's stop supporting illegal
actionaries that scoff at the laws, hide behind their facade of "vibrancy" and make their living off of students that
are under age and should only be here for an education. When will you ever learn? After one of them dies in a
fight, or driving drunk? And when will you ever learn that many of the taxpayers in this town consider that the
downtown area is unsafe and unfit. Your re-election is not as important as the safety of the people of Iowa City.
Maybe when you go to work on Monday morning and slip in the vomit or trip over the trash you will realize what
your lack of proper representation has done.
Use some imagination and creativity to resolve our problems of under-age drinking and the huge TIFs you grant
to the undeserving and go for naught. Wake up and smell the smoke and puke that you would think is vibrancy.
Stop kowtowing to the few that whine for what they should not be doing anyway.
Sincerely,
Jim Knapp
319 354 2443
10/2/2007
Through The Looking Glass
An electronic newsletter intended to provide for an informed public.
Published by James C. Knapp
Pre-election Special Addition
Tuesday October 2, 2007
iimknapp@mchsi.com
In Shakespeare's Hamlet Ophelia spoke these words.
I shall the effect of this good lesson keep,
As watchman to my heart. But, good my brother,
Do not, as some ungracious pastors do,
Show me the steep and thorny way to heaven;
Whiles, like a puffed and reckless libertine,
Himself the primrose path of dalliance treads,
And wrecks not his own ride.
AND THE PRESS CITIZEN SAYS:
EXPLORING 21 ONLY
Proposal concerns downtown
leaders
Please bear with me as I digress a little before making a point. Let us go to the question of "Why
should this issue be put on the ballot as opposed to the Iowa City Council taking a position as the
elected leaders our community and delivering an ordinance that will protect not only the young people
but the entire community from the eventual harm that will befall someone because of a politically
inexpedient issue that has been placed in the hands of the voters? If a precious life had been lost in
the interim would the council stand up and say collectively, "We were wrong?" or would it be as in the
past an plethora of finger pointing and buck passing.? The buck stops with you Mr. Wilburn.
The answer falls under the category of dereliction of duty on the part of the City Council. It is their duty
to express through ordinances after review of the underlying circumstances what will promote for the
general welfare and safety of the community, resolve problems in the city code and reflect the wishes of
the majority of the voters that showed the faith in them at the polls in their acts of casting their ballots
and letting their voice be heard.
As this issue has been debated in council chambers and undoubtedly and I might add illegally behind
closed doors with only bar owners and property owners included. Where are the other taxpaying
decent citizens, the moral fiber of the community and the people that would like to be able to visit the
downtown area after dark? Are they not the people that vote and pay the taxes? Are they not the
people that have a vested interest in the City because of their permanence in the community? Is not
one aspect of being in a role of government protecting the people from themselves? What would serve
the people by the city council shirking their duty to such an extent that it clearly displays the lack of
intestinal fortitude to do what is expected of them? Do the 34 odd bar owners have more power than
the people that live, work and would like to enjoy Iowa City? Whose responsibility is it for fostering a
cleaner more decent city that will only come from a responsible government? If you answered, ours in
November and theirs all the time you would be at least partly correct.
All of that being said now we need to address the article in the Press Citizen as it was written in the
Saturday September 21, 2007 and given so much credence that it made the front page headlines.
First off, coming to my mind is the question of "downtown leaders" and their concerns. Who appointed
Marc Moen a downtown leader and where is he leading us? The answers are 1. The City Council by
granting him the huge TIF on Plaza Towers and therein by giving him unmerited power. As well as the
way he has led the Council down the primrose path in playing to their corrupted sense of what is moral,
decent, proper and vibrant.
What are their concerns? What is meant by vibrancy as used so often my Mr. Moen? If they feel the
"odds are good that some downtown bars would close," what is so bad about that? It seems that 34
bars is an excessive number for a community as small as Iowa City. Are they more for money or life?
Since when are people like Marc Moen appointed as leaders? Marc is not a community leader unless
all the other local good people in a position to do so have abdicated their right to be role models and
leaders.
Since this question involves underage drinking and the attendant immorality which it can lead to let me
ask, "Do you as a parent of an 18-20 year old student at the University of Iowa want your child using
Moen as a role model? Mr. Jim Mondanaro?" Well who then? Surely you do not want a city council
that lacks the ability to lead and only is concerned for their reelection. Or any city official that is more
concerned about the loss of revenue than the loss of life. Were you a role model for your children? Do
you like giving them the money to buy the liquor and beer that makes Iowa City a nationally rated party
town? Do they spend more time drinking than studying or is it that the curriculum is so easy that they
are unchallenged and have extra time? Time that could be used as doing such mundane and
unexciting things as volunteering, working, mentoring, tutoring the under-privileged kids in the Iowa City
Public School system.
Consider these questions and search your conscience keeping in mind there is a better path for the city
to take when they honestly want to do so. Thank you for your time and attention in reading this.
Jim Knapp, author and editor.
October 12, 2007
s- ~ (..3 )
l~! ----
~~= _..tII1I
~~_.......
!~~!i.~
~~~-,
CITY OF IOWA CITY
Angela Reams
The Stepping Up Project
1 00 Stanley Hall
The University of Iowa
Iowa City, IA 52242
Re: October 1 letter on alcohol ads
City Attorney's Office
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5030
(319) 356-.5008 FAX
www.icgov.org
Dear Angela:
As you know, Johnson County Attorney Janet Lyness forwarded your letter to our office for
considerfltion. We have now reviewed the ads included with your letter, as well as the relevant
Iowa City Ordinances, and have the following comments:
. Union Bar: "BEER PONG AND FLlPPY CUP TABLES AVAILABLE" probably violates 4-
5-7(A)(5), which prohibits encouraging or permitting drinking games. Also, the 21
pitchers for $21 offer may violate 4-5-7(A)(4), prohibiting more than 2 containers at any
one time to anyone person. Of course, if they dispense the pitchers 1 or 2 at a time, or
distribute no more than 2 pitchers to anyone member of the group at anyone time, as I
suspect, then I don't believe there would be a violation. Please find enclosed a. copy of
the letter we are sending. Union Bar in response.
. Farras: Ladies Night - "cover: $1 girls, $3 gents" This is a violation of Iowa City's
Human Rights Ordinance, which I have referred to our Human Rights department.
Please find enclosed a copy of the letter they sent to the bar in response. I could find no
violation of the City's ordinance on alcohol.
. Sports Column: Assuming the "$1 UNLIMITED PITCHERS" means $1 per pitcher, and
not a total of $1 for an unlimited number of pitchers, there appears to be no violation.
If you believe I have missed any violations, or wish to discuss the matter further, please do not
hesitate to call. We thank you for the work you are doing to reduce the harmful effects of high
risk drinking, and wish you luck in those efforts.
Sincerely,
/
Eric R. Goers
Assistant City Attorney
Copies to:
Janet Lyness
Johnson County Attorney
417 S, Clinton St.
Iowa City, IA 52240
Eleanor Dilkes, Iowa City Attorney
Sam Hargadine, Iowa City Chief of Police
eric/ltrs/Stepping Up 10-12-07.doc
JU~'-7. (J
!
_J. 4; -J....
f~W!:"t.
~:..: ~.J'
............ ~
CITY OF IOWA CITY
410 E. Washington street
Iowa City, Iowa 52240-1826
(3191356-5022 '
(319 887-6213 (FAX)
W'WVv',icgov.org/humanrights
IOWA CITY HUMAN RIGHTS COMMISSION
HUMAN RlGHTS-A HUMAN ISSUE
October 11,,2007
@~'
\QJ~~
Farras Productions, Inc.
C/o Johnny Zambrano
4 Amber Lane
Iowa City, IA 52240
Dear Mr. Zambrano:
On Thursday, October 11, 2007, the Iowa City Human Rights Office received a copy of
an advertisement for Farras Productions Inc. The ad stated "Ladies Night...$1 girls and
$3 gents."
In 1989, the Iowa Supreme Court ruled that promotions such as "Ladies Nights" are
against the law if women are provided with free or lower priced services, beverages, or
cover, and men are not accorded similar benefits. I have enclosed a copy of the
Supreme Court decision as well as a copy of the law in Iowa City.
In the future a formal complaint will be filed against Farras Productions, Inc. for
advertising or engaging in a promotion permitting one group to receive a benefit not
offered to another group, i.e., ladies night. A letter will also be sent notifying On
Campus publication of the violation.
I hope this warning and a copy of the Supreme Court decision as well as the law in Iowa
City will result in the cessation of any illegal advertisement or behavior. If you have any
questions, please contact meat319.356.5022. ' '
Thank you for your cooperation in this manner.
Sincerel
,/' ",/
&.)',
S~fl ie Bowers, J.D.
Human Rights Coordinator
City of Iowa City
Enclosures
cc: City Attorney (w/o enclosures)
<..,.
s- {: ('
~I
.. '-i.J
I:' 1
-~= -....at
~----_......
t~~~
~,-~,.~-m__
-.. -- ~
CITY OF IOWA CITY
October 12, 2007
City Attorney's Office
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5030
(319) 356-5008 FAX
www.icgov.org
George Wittgraf III
1245 Foster Rd.
Iowa City, IA 52245
Re: Alcohol Advertisements for the Union Bar
Dear Mr. Wittgraf:
Our office has recently been given copies of advertisements for your bar that appear to make
promotions in violation of Iowa City Ordinance4-5-7: Limitations on Sales. I am enclosing a
copy of an advertisement reportedly from On Campus magazine for your review. The promotion
of "beer pong and flippy cup tables" appears to violate Iowa City Ordinance 4-5-7(A)(5), in that
this constitutes "encouraging or permitting any game or contest or tournament of any kind which
involves -drinking any alcoholic liquor, wine, or beer..."
The promotion of 21 pitchers for $21 mayor may not violate Ordinance 4-5-7(A)(4), depending
on how many pitchers are dispensed at a single time. It is illegal to dispense "more than two (2)
containers of any alcoholic liquor, wine, or beer at anyone time to any one person." Please be
certain this promotion does not violate this restriction. Violations of these, or any other
subparagraphs of Iowa City Ordinance 4-5-7 would constitute a simple misdemeanor,
punishable by up to a $500 fine and/or up to 30 days in jail. In addition, convictions for offenses
such as these would affect your establishment's ability to renew their liquor and beer licenses. I
am sending on a copy of this letter to the Police Department, with enclosure, so that they can
follow up to ensure that your business is not violating these ordinances.
Should you have any questions or concerns regarding this matter, please do not hesitate to call.
Sincerely,
fi--
Eric R. Goers
Assistant City Attorney
Enclosures
cc: Matt Johnson, Iowa City Police Captain
Eleanor M. Dilkes, City Attorney
Angela Reams, Project Coordinator of the Stepping Up Project
100 Stanley Hall
The University of Iowa
Iowa City, IA 52242
eric/ltrs/unionbar10-12-07,doc
C[
Marian Karr
From: Kathryn Johansen
Sent: Monday, October 08, 2007 5:22 PM
To: 'Rick Rudloff
Cc: *City Council; 'Iouise-from@university-heights.org'
Subject: RE: Access to Univ. of I. Hospital on Game Day
Dear Rick,
Thank you for your e-mail to the Iowa City City Council. Council members do not receive their emails directly and
your correspondence will be forwarded to them and received as official correspondence on an upcoming agenda.
We are sorry for the inconvenience you experienced on September 29. Basically, this incident appears to be in
the jurisdiction of University Heights and your message has been forwarded to University Heights Mayor Louise
From.
Thanks again for writing, Rick.
Sincerely,
Kathi Johansen
Administrative Assistant
to the City Manager
319356-5010
From: Rick Rudloff [mailto:rrocket61@yahoo.com]
Sent: Monday, October 01,2007 11:42 AM
To: Council
Subject: Access to Univ. of 1. Hospital on Game Day
Hello Council Members,
My name is Rick Rudloff and I am writing this letter to complain to the University Hospital, University
Athletic Department, Two Star, and to the Mayor and City Council and to the local newspapers for a
situation that took place the afternoon of Saturday, September 29th.
On Saturday at about 2:30pm, September 29th I came to Iowa City to visit my mother who is in the
University Hospital recovering from a spinal fusion surgery (September 25th). Upon arriving in Iowa
City, I approached the University Hospital area using Melrose Avenue as I had done in previous days.
Only this day, getting to the Hospital was impossible as the traffic from the University football game
was being directed, one-way, away from the stadium area which happens to also the University Hospital
zone. All roads leading int%ut of the Stadium area, which is also the same area as the University
Hospital area of campus, were now one-way away from the Stadium.
After circling campus for nearly 45 minutes looking for a way to get close enough to park, I arrived back
at the same intersection before, Melrose and Sunset. This was 3: 15pm. I asked the man directing traffic
there how to get to the hospital and he said, "You can't" I said I have to get to the hospital to see my
mother. He replied, "How long has she been there?" Strange and irrelevant question, I thought to myself
but I replied anyway, "About one week." His next question puzzled me further, "How long have you
lived here?" he asked. Again I replied, "I don't live here." I am up from Mississippi to help take care of
my mother. Where can I park?" I asked. He told me to park at the intersection, directly behind the
1 0/912007
Page 2 of3
barricade set up there. He said, "This will be a one-way street for the next two hours so you can park
right there." I confirmed his direction, "Right here?" "Yes" he replied. I left the car parked, as directed
and walk towards the hospital. I returned to the car about 5 minutes later to retrieve a forgotten item of
food my mother requested and the man directing traffic never said another word to me as he saw me
return and again leave.
I walk all the way from Sunset/Melrose to go and see my mother and then I left her at about 4: 15pm
heading back to my car. When I arrived at my car at 4:30pm, the barricade had been removed and the
man directing traffic was no longer there. A University Heights Police officer, Nick Dimba (sp?)
however, was on the scene and a ticket was tucked under the windshield wiper. I protested to the officer
at the scene. I explained to him everything I have written about and he was nice enough to call the tow
truck company to try and cancel the order. The only problem was they did not answer and before you
know it the tow truck is on the scene. I protested that I was doing what I was told and I should, I) not
receive a ticketed and 2) have to pay a show-up fee but Big Ten University Towing insisted I pay the fee
or the car would be towed. I was also told I could take Two Star, the company hired to manage traffic at
the University games to small claims court over the $63 dollar tow fee and $25 dollar ticket. I asked for
their phone number and no one had this. I called the University Police and they would not give me the
number. I was told to go to the internet and find it myself.
The Chief of Police, Ronald Fort, arrived on the scene and I again explained everything to him. That
lead nowhere and I then asked for everybody's business card as I intended to now document the whole
ordeal and at least now I can reference who I spoke with. At that point the Chief ordered the car towed,
"TOW IT!! I am done with this guy!" as he was tired of me and the situation. He also scoffed at me at
the idea when I mentioned that I did what I was told by law enforcement. He said, "Give me a break.
You thought those guys directing traffic were cops." Give me a break!"
I then agreed to pay the show up fee to get my mothers car back in hand and say goodbye to Iowa City
for the day. I offered to pay the $63.60 fee to the tower cash, $100 and he could not make change. So I
paid with my credit card and under my signature on the invoice I signed and on the credit card statement
I wrote the words, "UNDER PROTEST". I then called my credit card company on Monday and
disputed the billing. I will not pay that show-up fee. If Big Ten University insists on being paid, they can
call Two Star and invoice them. I am not paying a dime to them.
Now then, I am writing this letter to complain to the University Hospital, University Athletic
Department, Two Star, and to the Mayor and City Council and to the local newspapers foe the following
reasons:
1) Forbidding access to the University Hospital area on game day is a universally stupid idea. I
drove around trying to get into the area and was misdirected by those directing traffic many
times. I was told to go to Grand and I could get in there. Nope. I was told to try numerous entry
points and all failed at next checkpoint. My recommendation is provide at least one path into the
hospital area so that family members can visit and see those who are suffering. No one at Two
Star would allow me down the temporary one way street, normally two-way. Ifno path is
allowed in, after reviewing this whole thing, then at least direct people where they can go to
park, legally, I must add and walk.
2) The person who told me to park at the intersection, behind the barricade should never have
instructed me to do so. Someone must know who was working the intersection of Melrose and
Sunset that day and I want that person reprimanded in some way. His questions regarding my
mother's time in the hospital and my time living there in Iowa City are all irrelevant to directing
10/9/2007
Page 3 of3
me to a path to park legally and get to where I need to go. I was now a bother to him and his
direction to park behind the barricade now looks to be intentionally wrong. It may not have been
but it looks to be that. The barricade was gone in far less time and I got back to the car in plenty
of time, well before the 2 hours had transpired. The credit card company has dealt with my
show-up fee and I am not paying this and never intended to. Now I have a $25 parking ticket.
Will I have to pay this?
3) I should never have listed to the man directing traffic. My fault for doing what I was told. I did
what I was told by someone I assumed had jurisdiction over the traffic laws. After all, changing
traffic direction is a function that I would normally associate with the executive branch of
government, law enforcement. And obeying those who seem to have that authority was all I did.
And now I have to pay a ticket and fees? The Chief of Police was rude and insulting. In the
future, I will question people who seem to have that authority. For example, in disobeyed the
people directing traffic and traveled down the street in the direction of the Hospital as ifthere
was no temporary one-way street direction, would I have been subject to a citation for traveling
down the temporary one-way? Could Two Star cite me? Are they going to call the police? I
doubt that. Does the University have a standing permit on game days to do all of this? Then in
the future, I will not respect those contract employees and do what I must to achieve the end that
serves me. Is this what we want in government?
I am now leaving Iowa and heading back to Mississippi and happy to say I won't miss Iowa City.
Perhaps I am the first person in the history to go and see a relative on game day. I doubt it but perhaps
this letter will somehow have someone look at a better way to deal with those who do. Perhaps, though I
am not optimistic. I will leave out hope though.
Best Regards,
Rick
rrocket61@yahoo.com
Shape Yahoo! in your own image. loin our Network Research Panel to_dayl
10/912007
I ~;t;)
Marian Karr
From: TIMTAFCO@aol.com
Sent: Friday, September 28,20073:29 PM
To: Council
Subject: The subject of Trash Collection.
Dear Mayor Ross:
I apologies for having to waste your time with such an absolutely banal subject.
The subject of Trash Collection.
Ross, this is not the first, but more like the sixth time in the past year that I have
experienced non cooperative reaction from Mr. Rick Fosse and the members of his
Public Works Department.
I have personally given a note to the acting Mayor at a City Council Meeting, when you
were off on Ragbrai, and I have personally visited the Public Works department twice,
and called them another four times.
This is not Garbage Science.
It is an overall attitude of non compliance.
The cans at my home at 726 Iowa Avenue are routinely avoided, or excluded from
collection.
This past week was one of the several skip a can days. They simply did not dump the
trash. I visited City Hall, I called City Hall, Mr. Fosse simply said there was nothing he
could do. He had no attitude of helpfulness.
Several weeks ago, the department refused to pick up a container with garden trash
stating it had no sticker, when clearly it has a sticker. This required several rounds of
phone discussion before a truck actually appeared and took the yard waste...They told
me it was now out on the wrong day..obvious, because they missed it on the correct
day.
This is such trite nonsense. It is not one of physical activity but rather a
totally erudite and arrogant nature on the part of the department. I could hear Mr.
Fosse snickering as I spoke my compliant.
Ross, I have lived all over the world, and not even in New York City, did I have to
complain about Trash Collection...And in Saint Louis, cans are picked up from the
yard, emptied, and returned to correct positions, with the lids replaced, unlike here,
where drivers throw the lids as if they were frisbees.
Could you please call for a review of the Trash Department. They simply are not up to
the job...If you call for an investigation committee, I would be delighted to serve.
912812007
Thank you.
Tim Taffe
726 Iowa Avenue
Iowa City
See what's new at AOL.com and Make AOL Your Homepage.
912812007
Page 2 of2
October 3, 2007
l ~ 1
-~= -~
!~~~it:t
~ ~lIlnm~
......: 1
CITY OF IOWA CITY
Tim Taffe
726 Iowa Avenue
Iowa City, Iowa 52240
Re: Refuse Pickup
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Dear Mr. Taffe:
Your September 28th e-mail regarding refuse pickup was forwarded to me for
comment. I am sorry you are having difficulties with your solid waste services
and hope we can remedy the situation. Our city takes pride in our solid waste
program and the options we offer our citizens to divert waste from the landfill
through curbside recycling and yard waste collection, each picked up separately
and processed separately.
With that background, let's address the two specific examples you cited in your
e-mail.
You stated that several weeks ago (our records indicate it was the last week in
July), the department refused to pick up a container with garden trash. In this
case the yard waste sticker on the can you used had expired. After you called to
complain, another refuse worker went out and confirmed that your sticker had
expired. On a following day you called again to complain and wanted immediate
pickup. You were told the trucks were on to a different part of the city and to put
your can out again the next week on the regular pick up day and of course, make
sure you have the current sticker on your can. You continued to contact other
people and complained more and we sent a special truck out to pick it up. They
did note that a new sticker had been added.
The second instance you noted occurred last week. This time, your trash was
not picked up because it was put at the curb in a can with a yard waste sticker on
it. When I explained this to you, you stated that you turned the sticker away
from the street so the refuse crew should have stopped and emptied it. I then
pointed out that the stickers are deliberately long and brightly colored for easy
visibility so our refuse workers don't need to stop if they see a sticker. They
know the yard waste crew will be by to empty that can. In your case, when the
yard waste crew came by they found it was filled with garbage which can not be
mixed with the yard waste in their truck because it will be recycled into compost.
Although you told me you think each crew has an obligation to stop and look to
see what is in the can to decide if it should be dumped in their truck, you need to
keep in mind that our crew of 17 refuse workers have 43,659 obligations each
week for garbage, yard waste and recycling. The only way to meet these
obligations is for our customers to put the right waste in the right containers.
Our records also indicate another instance on September 4th in which you put out
garbage and yard waste mixed in a yard waste can. We did not pick this up.
You called and complained about this and we sent out a special truck on
September 5th to pick up and sort the waste. Our staff did take that opportunity
to explain the importance of separating garbage from yard waste and recycling
and having each in the proper container. This was three weeks before your next
incident that was outlined in the previous paragraph.
Yesterday, your regular garbage day, our truck passed your home at 9:45 am.
We made note that you did not have any garbage out. Because of the recent
issues we doubled back at 1 :08 pm and noted that two cans were out. We
emptied them. This may explain why you feel that on some days we skip your
property. To be certain that your garbage will be picked up, you need to have it
out by 7:00 am when our crews begin their routes.
We have now made four trips to your home for special pick ups, one of which
was after hours by staff being paid overtime and we have on one occasion sorted
your trash for you. To help prevent future misunderstandings and public
expense, I have enclosed a copy of Iowa City's Guide to City Resources and
Services with an orange note marking the pages that cover garbage, yard waste
and recycling. If you have questions about the services offered, please call the
number listed in the guide and they will be happy to help you. You may also
want to visit our web site at http://www.icqov.orq/qarbaqe/index.htm for more
details.
~~
vRii F~~S~
Director of Public Works
Cc: City Council
City Manager
Solid Waste Superintendent
I::::
Marian Karr
From:
Sent:
To:
Cc:
Subject:
Wright/Knock [mwmk@mchsi.com]
Monday, October 08,20077:31 PM
Council; Dale Helling
Marcia Klingaman; Jeff Davidson
Northside Parking Permits
Members of the City Council:
At our September 27 meeting, the Northside Neighborhood Association members once again
discussed the issue of parking permits. Although there was only a so-so turnout, the fact
that the issue would be discussed was well-publicized via email, our newsletter, and word
of mouth.
The smallish (14 present) crowd was indicative of interest in the issue. Those present
discussed the pros and cons, and the consensus of the group was that there was no clear
desire on behalf of NNA members to pursue parking permits. Thus we would ask City Council
to take no action on parking permits for the Northside Neighborhood.
Sincerely,
Mike wright
Chair, Northside Neighborhood Association
This correspondence will become a public record.
1
r:r
Marian Karr
Sent:
To:
From: Mary Rohan [maryrohan@hotmail.com]
Saturday, October 06,200710:41 AM
maryrohan@hotmail.com; linda-kettner@uiowa.edu; defenderbob911-iowa@yahoo.com; Council;
abbie14@gmail.com; joseph-maske@uiowa.edu; Joe Fowler; John Yapp; Eleanor M. Dilkes; Dale
Helling; Drew Shaffer; Kevin O'Malley; Sam Hargadine; Nancy Sereduck; Linda Kopping; brad-
allison@uiowa.edu; mary-khowassah@uiowa.edu; phillip-jones@uiowa.edu; belinda-
marner@uiowa.edu; angela-reams@uiowa.edu; sam-cochran@uiowa.edu; linda-
noble@uiowa.edu; brian-mcclatchey@uiowa.edu; thomas-moore@uiowa.edu; diana-
lundell@uiowa.edu
Subject: Req: for more action re: U of IA & IA City Police Nite Ride Pilot
Members of the University of Iowa and Iowa City Administrations:
Thank you for the update on the Nite Ride Pilot but it is ONLY A START AND NOT A SOLUTION!
We need our daughters to have safe rides Mon thru Sun.
THERE ARE GAPS OF TIME AND DAYS THAT STILL DO NOT PROVIDE SAFE TRANSPORTATION FOR
OUR FEMALE STUDENTS as they attend night classes or university-oriented functions.
Please work to secure reliable, safe transportation NOW for our students especially, our daughters at this
frightening time.
*1 am concerned in the Nite Ride Program announcement, about drivers being able to refuse intoxicated female
students. I realize they should not have to deal with this, but at this time with these assaults unsolved, no female
should be left alone especially in a compromised state. It was not stated in the article how this situation will
be managed.
My initial positive impressions of the University of Iowa and Iowa City when college shopping wi my
daughter two years ago,~rJLg!licIfIY deJerioriau.ng.
The physical safety issues such as, rapes, forced fondlings, tornados, are becoming too great and as a parent,
paying out of state tuition,
l'mJired(>fworfyingOAll..Yabol,llmydal,lghter'sw.ell:beinginlowaCiJy.
I cannot give a positive reference on your city and university at this time to the perspective families in my circle of
influence.
I realize some of these issues will never go away but that is not to say, that a better means of prevention or
managing them, cannot be more fully explored or implemented.
Thank you for listening. I welcome a call or email reply.
Sincerely,
Mary Rohan
Parent of Meaghan Rohan, Univ of IA sophomore &
Zeta Tau Alpha Sorority Member
1042 Evergreen 81.
Mundelein, IL 60060
847-828-8608
10/8/2007
Page 2 of3
From: DEFENDERBOB [mailto:defenderbob911-iowa@yahoo.com]
Sent: Friday, October 05,2007 11:54 AM
Subject: Getiing home safe at nite on the Campus
L
ti THE UNIVERSI1Y OF IOWA
De arlment of Public Safet
NITE RIDE
384..1111
Beginning this week women can request a free, safe ride home Friday and Saturday
nights through a pilot program announced today by the University of Iowa Police.
Under the NITE RIDE program, police will use a dark blue, lS-passenger UI van to
transport women from a designated pickup point at the corner of Washington and Clinton
streets in downtown Iowa City to their dorms or apartments within the. following
boundaries: Grand Avenue to the west, Summit Street to the east, Highway 6 to the
south, and Foster Road to the north (see map at http...:L1ne.ws::
releases. uiowa,e.d_LJ12QQZ[~.tem.Qer Llmages/09260Znite-ride-mc;1~glf).
"Our goal is to provide women with a reliable and safe ride home," said UI Assistant Vice
President and Director of UI Police Charles Green. "If this is a service women would like to
see continued, we encourage them to use it as necessary." To arrange for a pickup,
women should call 384-1111, the cell number for the van driver. The driver will inform the
caller of his or her current location and the estimated time of arrival at the designated
pickup point.
The van will be driven by a fully uniformed, full-time Department of Public
Safety guard from 11 p.m. Friday to 3 a.m. Saturday, and 11 p.m. Saturday
until 3 a.m. Sunday. The van will be clearly marked with five magnetic signs
saying NITE RIDE and bearing the UI Police patch and the phone number.
While the guards driving the van will not be police officers, they will be able to
communicate directly with UI police officers in case of an emergency.
The service will run until December, when it will be evaluated. The service will not be
offered during the Thanksgiving and December holiday breaks.
Co-sponsored by the UI Student Government, the service was devised in response to a
growing number of assaults in the Iowa City area over the past year. The program will be
discussed at a public forum tonight (Wednesday, Sept. 26) at the Englert Theatre, where
university, Iowa City and Johnson County officials will also discuss the investigation into
the assaults and offer citizens advice on improving personal and community safety. More
information about the forum is available at
bttp ~Jlnews-releases.. uiQwq.edu/2007/septernbm092107S91e~tre_ets meeti ng. htrnl
10/8/2007
Page 3 of3
UISG President Barrett Anderson said the student government is supporting the NITE
RIDE program through endorsement, publicity and, potentially, funding.
"The outcry for some kind of late-night transportation system has been heard and we are
pleased to work with the UI Police Department on implementing just such a program at
this critical time," Anderson said. "We are anxious and excited to see it in action."
The service is only available to women under the pilot project, since all of the
victims who recently reported assaults have been women and because police
want to avoid the chance of inadvertently transporting a potential assailant. All
of the suspects in the assaults have been described as men.
Drivers reserve the right to refuse service. Students who are too intoxicated to
stand or walk on their own, and/or who are vomiting will not be allowed on the
van, and disorderly conduct will not be tolerated.
Since August 2006, there have been 35 reports of assaults or "forcible
fondlings". against women in Iowa City, according to Green.
Police are seeking several suspects in connection with the assaults, including one man
who fits the description given by a majority of the victims. Many of the victims are UI
students. Composite drawings of two suspects are available on the Iowa City Police
Department Web site at htip://vvvvvv,Jc:gQv.org/poJic:ef.
STORY SOURCE: University Relations, 101 Jessup Hall, Iowa City, Iowa 52242-1000
MEDIA CONTACTS: Brad Allison, UI Police, 319-335-5043; Linda Kettner, University News
Services, 319-384-0030 (office), 319-621-7945 (cell) or linda-kettner@uiowa.edu
Help yourself to FREE treats served up daily at the Messenger Cafe. StQ!LbYJodClyJ
10/812007
r;c
FILE[)
2001 OCT I 0 Pri 12: 1 3
October 9, 2007
C' '1'\/ ['I ;: 1-) II
I I \...',-,-ilf\
IOVVf\ CITY IOWA
Council Members
Iowa City Council
410 E. Washington Street
Iowa City, IA 52240
Dear Council Members:
We are writing to voice our support for building and staffing a fire station in the fast-growing
northeast quadrant of Iowa City. While we might wish it were not so, the sad facts are that
fire damage increases exponentially as response time increases, and more lives are at risk
with each additional minute it takes for trained professionals to reach a heart attack or stroke
victim. If the Council fails to provide funding for a firehouse in this area of the city, it will be
ignoring its responsibility to provide basic services to all parts of the community on an
equitable basis.
Collectively, the eleven employers who have signed this letter have nearly 2,900 employees
and 1,900 customers, patients, and visitors, who are at risk each and every day that the
Council delays approving the funds to build and staff the new fire station. It's our
understanding that the land for a fire station has been purchased and prepared for
construction but that a decision has yet to be made about when the fire station will be built.
The new station must become a top priority for the Council.
The northeast quadrant houses some of the largest employers in the Iowa City area. If even
one of those businesses was forced to close or relocate due to a major fire, it would have a
significant impact on our local economy. Together, these eleven employers:
. Pay approximately $129 million in wages to Johnson County residents who are
employed in our northeast Iowa City facilities.
. Spend more than $57 million each year for goods and services purchased from other
local companies.
. Pay more than $2.5 million each year in property taxes for our properties in the
northeast quadrant.
As you know, the northeast quadrant is one of the fastest growing areas of the city. Higher-
end houses built in the area, many valued from $500,000 to nearly one million dollars,
contribute disproportionately to the local tax base as well. While we don't expect
extraordinary services for the taxes we pay, we do expect adequate fire protection.
We are appealing to the City Council's sense of fairness and common sense to fund the
building and staffing of a new fire station in the northeast quadrant to protect our employees
and to ensure continuity for our businesses and their contributions to the local economy. We
would be happy to meet with the Council to discuss our concerns.
Sincerely,
Richard L. Ferguson
CEO and Chairman
ACT, Inc.
Douglas Kubach
President and CEO
Pearson Educational Measurement
Ryan Bowman
Owner
Bowman Chiropractic Associates
Sonja Zeithamel
Director
Preucil School of Music
Andrea Rhoades
General Manager
Iowa City Press-Citizen
Joe Jordison
General Manager
Quality Inn & Suites Highlander
Conference Center
Scott Fisher
Senior Vice President
Mercer Administration
Philip S. Larson
Vice President of Operations
Shive-Hattery, Inc.
David Jensen
Manager and Co-owner
N.D. Express
Tom Keel
Administrator
Steindler Orthopedic Clinic
Rollie Ostrander
General Manager
North Dodge Athletic Club
c. Council Candidates
Dale Helling
Wendy Ford
Joe Raso
Nancy Quellhorst
r-->
0 =
=
--J
~() 0
)>---; CJ Tl
-< -l
0-< 0 r-
~(j hl
.r -0
rn - r-1
-:u ~ \...J
Q~ N
~
(..)
2
~O~IC
MEDICAL
SERVICES, P.C.
THOMAS F. VINER, M.D.
THOMAS A. SIMPSON, M.D.
DWAYNE T. CAPPER, M.D.
.JEREMY D. VOS, M.D.
KAREN K. MAVES, M.D.
AUDIOLOGY & VESTIBULOLOGY
D. GREENWALD, M.A.
E. VERLO, M.A.
P. ZEHRT, M.S.
s- ~ (8 \
2615 NORTHGATE DRIVE \ )
IOWA CITY, IOWA 52245-9565
PHONE (319) 351-5680
TOLL FREE WATS 1-800-642-6217
FAX 1-319-351-8980
October 11, 2007
Council Members
Iowa City Council
410 E Washington Street
Iowa City, IA 52240
Dear Council Members:
I am writing to voice my support for building and staffing a fire station in the fast-growing
northeast quadrant of Iowa City. While I wish it were not so, the sad facts are that fire damage
increases exponentially as response time increases, and more lives are at risk with each
additional minute it takes for trained professionals to reach a heart attack or stroke victim. If the
Council fails to provide funding for a firehouse in this area of the city, it will be ignoring its
responsibility to provide basic services to all parts of the community on an equitable basis.
Collectively, the eleven employers who have signed this letter previously have nearly 2,900
employees and 1,900 customers, patients, and visitors, who are at risk each and every day that
the Council delays approving the funds to build and staff the new fire station. It's my
understanding that the land for a fire station has been purchased and prepared for construction
but that a decision has yet to be made about when the fire station will be built. The new station
must become a top priority for the Council.
The northeast quadrant houses some of the largest employers in the Iowa City area. If even one
of those businesses was forced to close or relocate due to a major fire, it would have a
significant impact on our local economy. Together, these eleven employers:
. Pay approximately $129 million in wages to Johnson County residents who are
employed in our northeast Iowa City facilities.
. Spend more than $57 million each year for goods and services purchased from other
local companies.
. Pay more than $2.5 million each year in property taxes for our properties in the
northeast quadrant.
As you know, the northeast quadrant is one of the fastest growing areas of the city. Higher-end
houses built in the area, many valued from $500,000 to nearly one million dollars, contribute
disproportionately to the local tax base as well. While we don't expect extraordinary services for
the taxes we pay, we do expect adequate fire protection.
I am appealing to the City Council's sense of fairness and common sense to fund the
building and staffing of a new fire station in the northeast quadrant to protect our employees
and to ensure continuity for our businesses and their contributions to the loc~cono~. I
would be happy to meet with the Council to discuss these concerns. :> ~
...;.....0 0
-,> =: (;
Z;. ,,~e , C) -,' -l T1
~ ~G ~ ~
, Bev alntance --< ~, -0 fT}
Practice Manager f':) :CJ ::E: ..---,
~ ;:-:;: 'i?'''''''';
)> Ul
CJ,
[;[
Marian Karr
From:
Sent:
To:
Subject:
Rod Sullivan [rodsullivan@mchsi.com]
Wednesday, October 10, 2007 3:41 PM
Council
Streetlights
This correspondence will become a public record.
Dear Iowa City City Council:
My name is Rod Sullivan, and I live at 2326 E. Court Street in Iowa City. I am writing you
today because of your recent discussion on streetlights. I sent a letter a couple months
ago to Planning and Community Development Director Jeff Davidson urging the Council to
consider shades for streetlights. I hope you will consider shades as you move forward in
your deliberations.
Shaded street lights do not decrease visibility. They increase safety by reducing glare.
They cut down on light pollution. They are more attractive than our current lights. They
are better protected from vandalism. They do not shine in windows, reducing complaints and
improving the quality of life in Iowa City.
I strongly encourage you to consider shaded streetlights for all new streetlights and all
replacements.
Sincerely,
Rod Sullivan
1
::f1~
15 October 2007
Dear Iowa City Police Chief and City Council:
I have lived at 402 Brookland PI, Iowa City as homeowner and Professor at The University of Iowa
since August 1983. Over the last 5 years football Saturdays have become intolerable due to the
many houses occupied by students/renters having loud uncontrolled parties starting as early as sun
rise (in some cases earlier) and lasting until after the game (in some cases into the night). Public
nuisances and disturbing the peace include: upwards of 50 persons per party; loud obnoxious
behavior; kegs and binge drinking; loud music; partying in the street and blocking traffic; public
urination (many times in my own yard); disrespectful and insulting behavior; trespassing and
property damage (many times persons crossing my yard and damaging my fence in spite of clearly
displayed no trespassing sign on fence); and excessive parking on lawns. I have called police many
times and asked for more frequent patrols and enforcement of laws which clearly are not being
enforced. Police usually come after fairly long period of time at which time level of nuisance
reduced temporarily but returns to extreme as soon as police leave. I have talked with persons living
at these houses only to be insulted or argued with. Many of these houses such as 516 Brookland
Park Dr. and 402 Melrose Ct. are repeat offenders over many years. I should also mention that since
this behavior is tolerated on football Saturdays similar parties albeit usually with fewer persons are
not uncommon on weekends. Here again I have called the police with similar results. Many of
these houses appear to have many more unrelated persons living together than I understand is legal.
Although my home was selected as an historical landmark in part due to the restoration work I have
done, I am seriously considering moving, as it seems clear to me that my property value is being
reduced considerably compared to my assessed value due to this situation and fact that Iowa City
seems not to care. If Iowa City does not soon enforce the laws, codes, and regulations in the
Brookland Park Neighborhood, my once safe and peaceful part of Iowa City will quickly disappear
and the city will have an even larger problem on its hands.
Sincerely,
1~~~ ~
Frederick Stern
402 Brookland PI.
Iowa City, IA
-If?
Iowa City Council Meeting
October 16,2007
Good evening.
I am Dick Ferguson, CEO and Chair of ACT, Inc.
I am here this evening as just one of the many concerned employers in the
northeast quadrant of Iowa City who believe that there is an urgent need for
the City to build and staff a new fire station.
I appreciate this opportunity to speak briefly to the topic. My message is a
simple one. The building and staffing of a new fire station is long overdue.
Last week, I joined with ten other employers who sent a letter to City
Council members in which we observed that collectively, we pay annually
more than $2.5 million in property taxes, $129 million in wages to JC
residents, and purchase nearly $60 million in goods and services. It is a
truism to observe that our impact on the community and its tax base is
substantial-and growing.
As employers who have committed to grow with the City, we believe that our
collective contributions to the City's tax base alone argues strongly for a fire
station, one that ensures the safety and well being of the 2,900 individuals
that we employ and the facilities in which those individuals work.
We acknowledge that, as Councilors, you are confronted with interest that
frequently exceeds resources. By the same token, we believe that our
significant "contribution" to the City's tax revenues warrants at least the
same level of fire protection that other areas of the City currently enjoy. In
addition to being the right thing to do, building and staffmg a fire station is
the "fair"thing to do.
I am host this evening to ACT's Board of Directors and to numerous
advisory groups that we have brought to Iowa City from all across the
United States for our Annual Meeting. Their presence underscores our
commitment to Iowa City, which is home to ACT's international
headquarters. We, and the many other employers in the northeast quadrant,
have made a commitment to the City and believe that the time has come for
the City to make a commitment to us-by making the safety of our
employees a priority, and a reality.
Thank you.