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2015-11-10 Resolution
4c(8) wm�� Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (3 19) 356-5043 RESOLUTION NO. 15-342 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Clarion Highlander Hotel and Conference Center— 2525 N. Dodge St. Passed and approved this 10th day of November 20 15 MAYOR —' Approved by ATTEST: 2e. CITY'—CLERK City Attorney's Office It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims X Payne x Throgmorton 5 4d(1) wmmmm� Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-343 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL DURING THE DOWNTOWN HOLIDAY MARKET WHEREAS, section 4-5-3D of the City Code allows private entities to sell alcohol and persons to consume alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") would like to be able to sell alcohol within a tent in Black Hawk Mini Park on December 12, 2015; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 10th day of ATTEST: Ae� CITY'CLERK I LTA FAY kol November 2015. Approved by ((--d -1 ,— City Attorney's Office Resolution leo. 15-343 ]Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Bo t chway the AYES: NAYS: ABSENT: x Botchway x Dickens X Dobyns x Hayek x Mims x Payne X Throgmorton Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/3565030 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL DURING THE DOWNTOWN HOLIDAY MARKET This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell alcohol during the Downtown Holiday Market event to be held in Black Hawk Mini Park; and WHEREAS, the parties wish to enter into an agreement to allow District to sell alcohol and to allow persons to possess and consume alcohol under limited circumstances on Black Hawk Mini Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for District's promises herein, the City agrees to allow District control over the area in Black Hawk Mini Park on December 12, 2015 from 8:00 am to 11:59 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall be in effect only on December 12, 2015 from 8:00 am to 11:59 pm. 3. License. This agreement is void if District does not have a license to sell alcohol on the authorized site on December 12, 2015. 4. Sale and Possession of Alcohol. District shall only sell alcohol to a person who is over twenty-one (21) years of age. District shall take all reasonable steps to ensure that no person under the age of twenty-one (21) years of age possesses alcohol. 4. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 5. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 6. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized site, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 7. No Smoking. Smoking is prohibited in the authorized site, and District shall post a no -smoking a sign at the front entrance to the authorized site and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2015). Additionally, the use of electronic cigarettes is prohibited in the authorized site. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2015). B. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 9. Fencing. The authorized site shall be enclosed either by a tent that does not allow for a container of alcohol to get passed or by a fencing product that is a single fence that consists of six feet (6') interlocking panels with a mesh that does not allow for a container of alcohol to get passed from through the fencing. 10. Toilet Facilities. District shall provide one men's and one women's toilet facilities in 136 S. Dubuque Street and appropriate signage to said location. 11. Occupancy and Exits. The maximum occupancy load of the authorized site is 160 persons, and District is solely responsible for maintaining the occupancy limits. District shall post a sign with the maximum occupancy load inside the authorized site. District shall maintain at least two (2) exits in the authorized site and post "exit" signs at all exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Insurance. a) _Premises Insurance. On December 12, 2015, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On December 12, 2015, District shall cant' "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 13. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 14. Non -Discrimination. District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 15. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 16. Assignment and Subletting. District shall not assign or sublet this agreement without prior written approval of the City. 17. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 0 day of UVW,4,� 2015. IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT !V L — �_.() By: Nancy Bird, Execu ive Director THE CITY OF IOWA CITY hill h4� --- o as M. Markus, City Manager ApptClr"od By City Attorney's Office EXHIBIT C,� V-) -6p (��A e4o fiC� 29 Vl� UP MI. Co f1<C[IMr 1 Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of govemmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 'i � (--z) Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5010 RESOLUTION NO. 15-344 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK PLAYGROUND REPLACEMENT PROJECT. WHEREAS, Dostal Construction Co. of Cedar Falls, Iowa, has submitted the lowest responsible bid of $247,500 for construction of the above-named project; and WHEREAS, funds for this project are available in the Mercer Park Playground account #R4186 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Dostal Construction Co., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this loth day of November , 2015. Z Approved by I(-5 (j City Attorney's Office It was moved by Payne and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pweng\masters\awrdcon. doc 11115 NOTICE TO BIDDERS MERCER PARK PLAYGROUND REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 4th day of November, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 10th day of November, 2015, or at special meeting called for that purpose. The Project will involve the following: The supply and installation of new playground equipment in replacement of the existing equipment located at Mercer Park. All work is to be done in strict compliance with the plans and specifications prepared by Outdoor Recreation Products, of Ames, Iowa and the City of Iowa City, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement AF -1 for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: November 23`d, 2015 Completion Date: May 13, 2016 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa, by bona fide bidders. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. A refund will be issued if re -useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5010 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK PLAYGROUND REPLACEMENT PROJECT. WHEREAS, of , has submitted the lowest responsible bid of $ for construction of t e above-named project; and WHEREAS, funds for this project are kvailable in the Mercer Park Playground account #R4186 NOW, THEREFORE, BE IT RESOLV\dthe E CITY COUNCIL OF T E CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the constructabove-named proje is herebyawarded to subjectcondition that a rdee secure adequate performance and payment bondcertificates, and ntract compliance program statements. 2. The Mayor is hereby authorized to sign an the Ci he Clerk to attest the contract for ub tt construction of the above-named project, scondition that awardee secure adequate performance and payment bond, ins ur certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute c nge or rs as they may become necessary in the construction of the above-named pro' ct. Passed and approved this day of '2015. MAYOR Approved by ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES/ pweng\masters\awrdcon.doc City Attorney's Office and seconded by the Resolution be there were: NAYS: ABSENT: Botchway `. Dickens Dobyns Hayek Mims Payne Throgmorton 11-10-15 4d(2) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 15-345 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION PROJECT. WHEREAS, Municipal Pipe Tool Company of Hudson, IA, has submitted the lowest responsible bid of $215,368.70 for construction of the above-named project; and WHEREAS, funds for this project are available in the Annual Sewer Repair account #V3101. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Municipal Pipe Tool Company subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 10th day of November _'20 15 MAYOR ATTEST: �2��� k - 4�142'� CITY CLERK Approved by '�L' A&_'71(4anz "hte-i, City Attorney's Office r 110 15 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X pweng\masterslawrdcon.doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton NOTICE TO BIDDERS 2015 SEWER REHABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 1:00 P.M. on the 10th day of November, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 10th day of November, 2015, or at special meeting called for that purpose. The Project will involve the following: Lining of 4887 LF 8" diameter sewer pipe, 962 LF 12" diameter, 184 LF 21" diameter, 123 VF of manhole lining, 13 manhole infiltration barriers, reinstatement of 63 service laterals, and other associated sewer lining work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred AF -1 percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: May 29, 2016 Liquidated Damages: $400 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City Engineer, City Hall, Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 �11-10-15 4d(3) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION PROJECT. WHEREAS, of , _, has submitted the lowest responsible bid of $ for construction of the above-named project; and WHEREAS, funds for this project are available in the Annual Sewer Repair account #V3101. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this day of '20 MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office the Resolution be AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton pweng\masters\awrdcon. doc 9115 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-346 RESOLUTION ACCEPTING THE WORK FOR THE 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Landfill Chemical Storage Building Replacement Project, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated May 19, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Landfill Chemical Storage Building Replacement account # L3325; and WHEREAS, the final contract price is $140,329.36. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this loth day of November 20 15 MAYOR -)/ ATTEST: cJ CITY CLtRK Approved by ity Attorney's Office It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: X Pweng/masters/acptwork. doc 10/15 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 4d(4) ENGINEER'S REPORT October 20, 2015 qd &41) � r ';-Zx'.n CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: 2015 Landfill Chemical Storage Building Replacement Project Dear City Clerk: I hereby certify that the construction of the 2015 Landfill Chemical Storage Building Replacement Project has been completed by Selzer Wederitsch Assocates of Iowa City, IA in substantial accordance with the plans and specifications prepared by the Iowa City Engineering Division. This project was bid as a unit price contract and the final contract price is $140,329.36. There were two change orders totaling $729.36 for the project as shown below: 1. CO #1 Relocate building electrical panel $ 279.36 2. CO #2 Install new building ramps $450.00 Total $ 729.36 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/masters/engrpt. doc Prepared by: Kumi Moms, Public Works Department, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 15-347 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE REPLACEMENT OF BOILERS AT THE ROBERT A. LEE RECREATION CENTER. WHEREAS, the Robert A. Lee Recreation Center's two existing 2002 Aerco Benchmark 2.0 boilers have leaking, cracked heat exchangers, with one of the boilers shut down and currently not in operation; and WHEREAS, the boilers are necessary for providing heat for the facility, swimming pool and domestic hot water supply, without which the entire operation at the Recreation Center would be forced to shut down; and, WHEREAS, the City had the boilers reviewed by two separate competent licensed professional mechanical engineers and both indicated that replacement was the best course of action for age of the units; and, WHEREAS, the City intends to purchase the boilers in accordance the City's emergency purchase policies set forth in its Purchasing Manual; and WHEREAS, there is a four to six week lead time to acquire the boilers; and WHEREAS, Iowa Code Section 384.103(2) provides that the emergency installation may be contracted without holding a public hearing and advertising for bids, and the provisions of Iowa Code Chapter 26 do not apply; and, WHEREAS, the City has procured a certificate from Tim Fehr, a competent licensed professional engineer, not in the employ of the City of Iowa City, certifying that the emergency repairs are necessary; and WHEREAS, it is necessary to institute emergency proceedings under Iowa Code Section 384.103 to replace the boilers in the Robert A. Lee Recreation Center; and WHEREAS, funds for this project are available in the Rec Center Annual Improvements account # R4330. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. There is an urgent need for replacement of these boilers to avoid serious loss or injury to the City. 2. The above-described conditions create the necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (2015), as certified by a professional engineer not employed by the City of Iowa City, attached hereto and made part hereof. 3. The emergency work caused by the failure of the boiler units will be bid in an expedient and proficient manner to prevent serious loss or injury to the City and an increase in the risk of injury to the public. 4. The City Manager is hereby authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this loth day of November _'20 15 Approved by ATTEST: CITY C RK City Attorney's Office �� S It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Certificate of Necessity Institution of Emergency Proceedings Project: Robert A. Lee Recreation Center Emergency Boiler Replacement I have reviewed the information provided to be by the City of Iowa City regarding the damage to the existing boilers at the Robert A Lee Recreation Center. My findings are as follows: WHEREAS, the Robert A. Lee Recreation Center's two existing 2002 Aerco Benchmark 2.0 boilers have leaking, cracked heat exchangers, with one of the boilers shut down and currently not in operation; and 2. The boilers are necessary for providing heat for the facility, swimming pool and domestic hot water supply and one of the boilers is shut down and currently not in operation. Failure of the second boiler would likely require a shut down of the entire facility and expose the facility to potential incidents of freezing pipes. I hereby certify the necessity to institute the emergency proceedings under Chapter 384.103 (2), Iowa Code (2015) and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. SIGNED: Timothy R. Fehr, P.E. Iowa Reg. No. 12877 My license renewal date is December 31, 2015 ESS/0.. .F TIMOTHY R. i Z FEHR 12877 ;,•,_..IOW i1..' 1� DATE: November 4 2015 115328-0 DATE: 1 CITY OF IOWA CITY wmm4d(5)�� MEMORANDUM November 4, 2015 TO: Tom Markus, City Manager FROM: Kumi Morris, Engineering Division of the Public Works Department RE: REPLACEMENT OF BOILERS AT THE ROBERT A. LEE RECREATION CENTER - Considering a resolution finding the necessity to institute emergency proceedings, and approving the replacement of boilers at the Robert A. Lee recreation center. Introduction: It has recently been discovered that the existing 2002 Aerco Benchmark boilers at the Robert A. Lee Recreation Center were leaking due to cracked heat exchangers. The boilers are necessary to provide heat for the facility, swimming pool and domestic hot water supply. There is a four to six week lead time to replace the boiler units and due to the impending cold winter weather, it is necessary to replace the units immediately. History/Background: The boiler units were last replaced in 2002. In the annual fall inspection by the service maintenance contractor, it was discovered that the heat exchangers in both units were leaking. The City had the boilers reviewed by a mechanical contractor and two separate competent licensed professional mechanical engineers and all indicated that replacement of units was the best course of action for age of the units. Tim Fehr, a competent licensed professional mechanical engineer, from Shive Hattery, Inc., has certified that safety was a concern and the emergency repairs are necessary, and the certificate is attached to the resolution. The cracked heat exchangers pose a safety issue; one of the two boilers is shut down and currently not in operation. Discussion of Solutions: Due to the urgent need for replacement of these boilers and the safety considerations, the City intends to replace them in accordance the City's emergency purchase policies set forth in its Purchasing Manual. The City intends to purchase the boilers in accordance the City's emergency purchase policies set forth in its Purchasing Manual. Iowa Code Section 382.103(2) provides that the emergency installation may be contracted without holding a public hearing and advertising for bids, and the provisions of Iowa Code Chapter 26 do not apply. This will allow the City Manager the ability to replace the boilers at the Robert A. Lee Recreation Center under emergency repair in an efficient manner. Timeline: 1. Boilers units to be on order by November 13, 2015 2. Complete Bid Package for installation November 13, 2015 Page 2 3. Bidding phase for installation between November 13 through December 3, 2015 4. Demolition of existing boiler and installation of new boilers complete by January 15, 2015 Financial Impact: Estimated cost of removing and replacing the system is $250,000.00 The funds for this replacement were made available through the Rec Center Annual Improvements account # R4330. Recommendation: Staff recommends proceeding with approving a resolution finding the necessity to institute emergency proceedings, and approving the replacement of boilers at the Robert A. Lee recreation center. cc: Geoff Fruin, Administration Dennis Bockenstedt, Finance Department Mary Niichel, Purchasing Division Scott Justason, Recreation Department Jason Havel, Engineering Division, PW Dept. SAENMARCHITECTURE FILE\Projects\Robert A. Lee Recreation Boiler 2015-16 replacement\Resolution for emergency proceedings\FINAL Memo to City Manager- RAL Emergency Boiler Replacement 11 10 2015.doc Paul D. Pate .roc or iow Secretary of State State of Iowa JYFY �F PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: z FILED 28E a City of Iowa City City Johnson Party 2 Agreement U M508697 Party 3 0 City Johnson 0 LL 11/19/2015 3:30:45 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: inter'Utner rt nor in Iowa Item 2. The type of Public Service included in this agreement is: 310 Water System (Enter only one Service Code and Descriprron) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Creating the Clear Creek Watershed Coalition. (Res #15-348) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires 21Indefinite Duration [mmlddJyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO F71 YES Filing # of the agreement: M508623 tUse the filing number of the most recent version filed for this agreement) The filing number of the agreement may he found by searching the 28E database at. htte-ilsos Iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(ciiiiowa-city.org Phone 319-356-5041 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of Coralville City Johnson Party 3 City of North Liberty City Johnson Party 4 City of Oxford City (Johnson Party 5 City of Tiffin City Johnson inter'Utner rt nor in Iowa Item 2. The type of Public Service included in this agreement is: 310 Water System (Enter only one Service Code and Descriprron) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Creating the Clear Creek Watershed Coalition. (Res #15-348) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires 21Indefinite Duration [mmlddJyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO F71 YES Filing # of the agreement: M508623 tUse the filing number of the most recent version filed for this agreement) The filing number of the agreement may he found by searching the 28E database at. htte-ilsos Iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(ciiiiowa-city.org Phone 319-356-5041 Pau! D. Pate Secretary of State State of Iowa >q, o 28E Agreement w FILED Additional M508697 Participants 11/19/2015 3:30:45 PM 0 Item 1. The full legal name, organization type and county of each participant to this agreement are (continued): Full Legal Name Party 6 County of Johnson Party 7 County of Iowa Party 8 Iowa County Soil & Water Conservation District Party 9 Johnson County Soil & Water Conservation District Organization Type "County County Johnson County Iowa Regional or District Iowa Regional or District Johnson 'inter "otne! not in Iowa I I -T6-.M— Prepared by: Ronald Knoche, Public Works Director; (319) 356-5138 4d(6), RESOLUTION NO. 15-348 RESOLUTION APPROVING THE ARTICLES OF AGREEMENT CREATING THE CLEAR CREEK WATERSHED COALITION WHEREAS, the political subdivisions including the cities of Coralville, Iowa City, North Liberty, Oxford and Tiffin; the counties of Iowa and Johnson; the Iowa County Soil & Water Conservation District; and the Johnson County Soil & Water Conservation District (hereinafter collectively referred to as the "Members") desire to establish the Clear Creek Watershed Coalition, a Watershed Management Authority; and WHEREAS, Chapters 28E and 466B of the Code of Iowa (2015), as amended, authorize the Members to establish a Watershed Management Authority to enable cooperation in watershed planning and improvements for the mutual advantage of the Members; and WHEREAS, pursuant to Section 46613.23 of the Code of Iowa (2015), said Watershed Management Authority may perform any or all of the following activities: 1. Assess flood risks in the watershed; 2. Assess the water quality in the watershed; 3. Assess options for reducing flood risks and improving water quality in the watershed; 4. Monitor federal flood risk planning and activities; 5. Educate citizens regarding water quality and flood risks; 6. Allocate monies made available to the authority for the purposes of water quality and flood mitigation; 7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Said Agreement is hereby approved as to form and content and is found to be in the best interest of the City of Iowa City, Iowa. 2. The Mayor and the City Clerk are hereby authorized to sign and execute the Articles of Agreement for the Clear Creek Watershed Coalition, a copy of which is attached hereto and incorporated herein by this reference. 3. The City Manager, or designee, is hereby appointed to serve as the Iowa City representative on the Clear Creek Watershed Coalition Board of Directors. 4. The City Clerk is hereby authorized to file a copy of this Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Iowa Code. Passed and approved this 10th day of November , 2015. Approved by ATTEST - )I ERK City Attorney's Office (t IIS Resolution No. 15-348 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton CLEAR CREEK WATERSHED COALITION ARTICLES OF AGREEMENT THIS AGREEMENT is made and entered into pursuant to Iowa Code Chapter 28E by and between the eligible political subdivisions that adopt these Articles of Agreement (hereinafter "Agreement"), including the cities of Coralville, Iowa City, North Liberty, Oxford and Tiffin; the counties of Iowa and Johnson; the Iowa County Soil & Water Conservation District; and the Johnson County Soil & Water Conservation District (hereinafter "Members"). WHEREAS, Chapters 28E and 466B of the Code of Iowa (2015), as amended, authorize the Members to establish a Watershed Management Authority to enable cooperation in watershed planning and improvements for the mutual advantage of the Members; and WHEREAS, pursuant to Section 466B.23 of the Code of Iowa (2015), said Watershed Management Authority may perform any or all of the following activities: Assess flood risks in the watershed; 2. Assess the water quality in the watershed; 3. Assess options for reducing flood risks and improving water quality in the watershed; 4. Monitor federal flood risk planning and activities; 5. Educate citizens regarding water quality and flood risks; 6. Allocate monies made available to the authority for the purposes of water quality and flood mitigation; and 7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority; and WHEREAS, the Members have determined it is in their mutual best interest to enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2015) to establish a Watershed Management Authority and to outline the responsibilities of the parties. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE MEMBERS AGREE AS FOLLOWS: SECTION 1— IDENTITY OF THE MEMBERS AND WATERSHED 1.1 The counties of Iowa and Johnson are each a political subdivision of the State of Iowa. Their respective addresses are: Iowa County, 970 Court Avenue, Marengo, IA 52301 Johnson County, 913 South Dubuque Street, Iowa City, Iowa 52240 Clear Creek Watershed Coalition Agreement 1 Final Draft — July 8, 2015 1.2 The cities of Coralville, Iowa City, North Liberty, Oxford, and Tiffin are each a political subdivision of the State of Iowa. Their respective addresses are: City of Coralville, 1512 7th Street, PO Box 5127, Coralville, IA 52241 City of Iowa City, 410 E Washington Street, Iowa City, IA 52240 City of North Liberty, 3 Quail Creek Circle, P.O. Box 77, North Liberty, IA 52317 City of Oxford, PO Box 481, Oxford, IA 52322 City of Tiffin, 300 Railroad Street, PO Box 259, Tiffin, IA 52340 1.3 The Soil and Water Conservation Districts of Iowa and Johnson counties are each a political subdivision of the State of Iowa as defined in Iowa Code Section 161A.3(6) and a soil and water conservation district established pursuant to Iowa Code Section 161A.5(1). Their addresses are: Iowa County Soil & Water Conservation District 435 N Highland Street, Williamsburg, IA 52361 Johnson County Soil & Water Conservation District 51 Escort Lane, Iowa City, IA 52240 1.4. The Clear Creek Watershed (the "Watershed"), the district which is the subject of this Agreement, is depicted on the graphic attached hereto as Exhibit "A". SECTION 2 - NAME 2.1 The official name of this entity shall be the "Clear Creek Watershed Coalition" (hereinafter "CCWC"). SECTION 3 - LEGAL STATUS 3.1 The CCWC shall be a voluntary joint undertaking of the political subdivisions within the Watershed pursuant to the provisions of Chapter 4668 and 28E of the Code of Iowa. 3.2 It is the intention of this Agreement that there be no new or additional legal or administrative entity created by this Agreement, nor that the inherent governmental powers of any Member be affected in any way beyond the terms of this Agreement. SECTION 4 —GOVERNING BODY 4.1 A joint board of the Members known as the Clear Creek Watershed Coalition Board of Directors (hereinafter "Board") shall be responsible for fulfilling the purpose of the CCWC. 4.2 Each Member shall be entitled to appoint one representative to serve on the Board and an alternate to serve in the place of the appointed representative in their absence. 4.3 The specific powers and duties of the Board shall be defined in the CCWC's by-laws to address Board officers, terms, meetings, and administrative functions. Clear Creek Watershed Coalition Agreement 2 Final Draft — July 8, 2015 SECTION 5 — DURATION 5.1 This Agreement shall be in effect in perpetuity until or unless terminated pursuant to Section 11. SECTION 6 — PURPOSE OF THE CCWC 6.1 The Members generally will cooperate with one another with respect to the Watershed and engage in the activities authorized by Section 46613.23. CCWC's activities will include, but not be limited to, the following: Utilizing watershed level assessments and planning; b. Increasing communication and coordination among the Members in addressing flooding and water quality in the Watershed; C. Supporting the Members' efforts to manage storm water runoff to prevent erosion, increase infiltration, promote groundwater recharge and mitigate flooding; d. Promoting efforts to protect and enhance beneficial uses of waterways within the Watershed such as fish and wildlife habitat and water recreation; e. Promoting uniform policies for surface and groundwater management; Increasing public education regarding flooding and water quality; g. Seeking funding opportunities to support the mission of the CCWC; and h. Providing a forum for the exchange of ideas among the Members. SECTION 7 — POWERS AND DUTIES OF MEMBERS 7.1 The Members of this Agreement shall retain all powers and duties conferred by law and shall assist each other in the exercise of such powers and the performance of this Agreement. Any Member may accept a specific responsibility to assist with achieving the goals of the CCWC. Said responsibilities include, but are not limited to: a. Identifying opportunities for funding or in-kind support for the undertaking of watershed planning, assessments, and improvements within the Watershed; b. Serving as the fiscal agent for the CCWC when it receives funding; C. Identifying opportunities for infrastructure development and planning capable of assessing and mitigating flood risks and improving water quality in the watershed; d. Identifying best management practices for water quality improvements and to prevent erosion, increase infiltration, promote groundwater recharge and mitigate flooding; e. Participating in educational and outreach programs regarding water quality and flood risks; Providing support for the administration of projects, as agreed to by the Members; Clear Creek Watershed Coalition Agreement 3 Final Draft — July 8, 2015 g. Securing financing, including grants, loans and issuance of bonds or loan agreements as deemed necessary to achieve the objectives of the CCWC; h. Coordinating with local utilities; and Designing and bidding of projects and administration of contracts. SECTION 8 — MANNER OF FINANCING 8.1 With a Member(s) acting as the fiscal agent, the Board may solicit, accept and receive donations, endowments, gifts, grants, reimbursements and other such funds or in-kind contributions, as necessary to support work pursuant to this Agreement. It is agreed and understood by the Members hereto that no financial obligations upon any Member are intended to be created hereby. 8.2 No action to contribute funds by a Board member of the CCWC is binding on the Member that he or she represents without official approval by the governing body of that Member. No Member may be required to contribute funds to the CCWC. 8.3 The Board will review each opportunity for funding or in-kind support. After review of the opportunity, a fiscal agent will be nominated. The fiscal agent shall be a Member or other organization meeting the fiscal agent standards outlined by the funding source. SECTION 9 — EMINENT DOMAIN & OWNERSHIP OF PROPERTY 9.1 The CCWC shall not have the power of eminent domain and shall not own any interest in real or personal property. All interests in property shall be held in the name of a Member. SECTION 10—AMENDMENTS 10.1 This Agreement maybe amended at anytime by the Members. All amendments shall be in writing, adopted by resolution and signed by all Members, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code Section 28E.8. 10.2 Eligible political subdivisions may request to join the CCWC by filing written notice with the CCWC and adopting this Agreement by resolution. The request to become a new Member will be considered approved when the additional signature page has been filed in an electronic format with the Iowa Secretary of State as required by Iowa Code Section 28E.8. 10.3 Withdrawal of any Member may be accomplished by filing written notice with the CCWC and the other Members 60 days before the effective date of withdrawal. No Member may withdraw from this Agreement until the withdrawing Member has met its full obligations as of the effective date of withdrawal. SECTION 11—TERMINATION 11.1 This Agreement may be terminated upon a majority vote of the Members. If the Agreement is to be terminated, a notice of the intent to terminate the CCWC shall be sent to all Members at least 90 days before the date of termination. Clear Creek Watershed Coalition Agreement 4' Final Draft — July 8, 2015 SECTION 12 —GENERAL PROVISIONS 12.1 Entire Agreement: This Agreement contains the entire agreement and integrates all of the terms and conditions contained in and incidental to such Agreement. No modifications or waiver of any provision in this Agreement shall be valid unless in writing and signed by all of the Members. If, for any reason, any provisions of this Agreement shall be inoperative, the validity and effect of the other provisions shall not be affected thereby. 12.2 Severability: If any provision of this Agreement is found to be invalid by any court, administrative agency or tribunal of competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions hereof. 12.3 Assignment: This Agreement shall be binding upon and inure to the benefit of the Members and their respective successors and assigns. Members are limited by law to counties, cities, and soil and water conservation districts. SECTION 13 —GOVERNING LAW 13.1 This Agreement shall be governed by and interpreted under the laws of the State of Iowa. SECTION 14 — EFFECTIVE DATE, EXECUTION OF DOCUMENTS AND RECORDATION 14.1 This Agreement shall take effect upon execution by the Members as required by law and filing in an electronic format with the Iowa Secretary of State as required by Iowa Code Section 28E.8. The Members agree to timely execute any documents necessary to carry out the terms of this Agreement. The Members further agree that this document may be executed outside the presence of the other Members and in separate counterparts. Clear Creek Watershed Coalition Agreement rj Final Draft — July 8, 2015 SECTION 15 —AUTHORIZATION AND SIGNATURE PAGES 15.1 Each party to this Agreement shall supply to the CCWC a signed original of the resolution or approved minutes from the Soil & Water Conservation Districts which adopted this Agreement. 15.2 The Members agree that this Agreement has attached to it signature pages which shall be assembled and filed together with the Agreement and shall together constitute one and the same instrument. A completed copy of the Agreement with executed signature pages shall be sent to each Member. Dated this 10th day of November , 2015 City of Iowa City, Iowa BY: Mayor, Iowa City Coun ATTEST: City M Clear Creek Watershed Coalition Agreement 6 Final Draft — July 8, 2015 - —FN -ANE fD to `P AVE C AVE C'' l.. R•� z i \ l 0 AVE m O AVE00 �H • 1CD /rD A o .., C A. •�. s R AVf ` M1' V N b n rD W S AVE SS AVE R V 4 •�aa W ✓, E m 4, ��7r r yF�J rD _- UT Ell 3 y tiZz G r nC V E 1 .i 0 a si M W C 'F N T. f e `W VV AY p _ D C = C Y AVE I \ V AE •O p fn y C. Y AVE t T i h )P� r A , r `1 o ANA AVE R E 4 !ma :z c max Aj °i ' NO rZ'i t .S �. q F 9G. y F yF NON VE lf• � FALCON AVE 3 ! � `ISS � G �e�„�d z U' GREENC Y n y b ^ � iltlN� Atl NOON J,j :2 ' H $ IVV AVE � •T r1 A k v r LAMES AVE JIM ti KPHSA v >\ EACKENDER AVE S o e � O DANE RD67 pR n-<.--1 +• 0 . OPK CR f HIES RO SE �-d4C?1 Prepared by: Wendy Ford, Ec. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 15-349 RESOLUTION APPROVING THE FISCAL YEAR ENDING 2015 ANNUAL URBAN RENEWAL AREA REPORT WHEREAS, in an effort to provide greater public access to information about urban renewal activities, including the use of tax increment financing, the Iowa Legislature enacted changes in Iowa Code Sections 331.403 and 384.22 to require, among other things, the filing of an annual report detailing the City's urban renewal activities; and WHEREAS, the City of Iowa City had twelve (12) Urban Renewal Areas in effect during the most recently ended fiscal year, and WHEREAS, City Staff has prepared an urban renewal report in compliance with state law and has placed said plan on file in the office of the Finance Director, City Hall, Iowa City, Iowa; and WHEREAS, the report must be approved by City Council before its submission to the Iowa Department of Management on or before December 1, 2015, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Fiscal Year Ending 2015 Annual Urban Renewal Area Report, attached hereto, is hereby approved and the Finance Director is hereby directed to submit it to the Iowa Department of Management. Passed and approved this 10th day of November , 20 15 MAYOR v ATTEST: J a1.eJ CITY CLERK City Attorney's Office Resolution No. 15-349 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims X Payne x Throgmorton l Ott U )tcoma Levy Authority Summary Local Govemment Name: IOWA CITY Local Government Number: 52G483 TIF Debt Outstanding: 26,136,244 .....................................................................................................................................................................**"*'*'*'4''' TIF Sp. Rev. Fund Cash Balance # of Tif as of 07-01-2014: U#' 0 Restricted for LMI Active Urban Renewal Areas 640,511 Taxing .................... 0 Districts IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL 52020 2 IOWA CITY SCOTT SIX URBAN RENEWAL 52021 2 IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL 52023 4 IOWA CITY CITY UNIV PROJ I URBAN RENEWAL 52024 5 IOWA CITY HEINZ ROAD URBAN RENEWAL 52027 3 IOWA CITY HIGHWAY SIX URBAN RENEWAL 52028 3 IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL 52029 1 IOWA CITY TOWNCREST URBAN RENEWAL 52030 1 IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL 52031 1 TIF Debt Outstanding: 26,136,244 .....................................................................................................................................................................**"*'*'*'4''' TIF Sp. Rev. Fund Cash Balance .......*'4' ' ......................... Amount of 07-01-2014 Cash Balance as of 07-01-2014: 18,562 0 Restricted for LMI TIF Revenue: 640,511 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 640,511 Rebate Expenditures: 0 Non -Rebate Expenditures: 640,403 Returned to County Treasurer: 18,670 Total Expenditures: 659,073 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2015 Cash Balance as of 06-30-2015:0 ............................................................................................................................................................................................................ 0 Restricted for LMI Year -End Outstanding TIF Obligations, Net of TIF Special Revenue Fund Balance: 25,495,841 Created: Mon Oct 26 14:06:25 CDT 2015 Page 1 of 51 i6 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL UR Area Number: 52020 UR Area Creation Date: UR Area Purpose: 08/2000 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office, and other commercial uses. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/SYCAMORE MALL & FIRST AVE U.R. TIF INCREMENT IOWA CITY/IOWA CITY SCH/SYCAMORE & IST AVE UR 2003 AMEND INCR Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Assessed 0 2,870,270 34,071,960 8,504,600 0 -3,704 Taxable 0 1,561,429 32,368,391 8,079,371 0 -3,704 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2014: 0 0 TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 77,521 0 0 0 77,521 0 77,521 0 77,521 Created: Mon Oct 26 14:06:25 CDT 2015 Page 2 of 51 Base Increment Increment Value No. No. Used 52195 52196 2,134,863 52239 52240 476,402 Total GaVElectric Utility Total 45,443,126 0 42,005,487 0 Amount of 07-01-2014 Cash Balance Restricted for LMI -6 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Projects For IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL Lower Muscatine Road Reconstruction Description: Improve roads around Kirkwood Comm College & Mall Classification: Roads, Bridges & Utilities Physically Complete: No Payments Complete: No Iowa City Marketplace Description: Economic develpment agreement Classification: Commercial - retail Physically Complete: No Payments Complete: No Administrative Expenses Description: Classification: Physically Complete: Payments Complete: Administrative Expenses Administrative expenses No No + Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Debts/Obligations For IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL 2012A GO Bonds (Low. Mus. Rd Recon.) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 540,000 62,390 602,390 No 06/05/2012 2022 2013A GO Bonds (Low. Mus. Rd Recon.) Debt/Obligation Type: Gen. Obligation Bonds/Notes Principal: 375,000 Interest: 33,759 Total: 408,759 Annual Appropriation?: No Date Incurred: 06/18/2013 FY of Last Payment: 2023 Economic Development Grant Debt/Obligation Type: Other Debt Principal: 1,750,000 Interest: 0 Total: 1,750,000 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of Last Payment: 2024 FY15 Adminstrative Expenses Debt/Obligation Type: Internal Loans Principal: 5,874 Interest: 0 Total: 5,874 Annual Appropriation?: No Date Incurred: 11/10/2015 FY of Last Payment: 2017 Created: Mon Oct 26 14:06:25 CDT 2015 Page 4 of 51 4- Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Non -Rebates For IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL TIF Expenditure Amount: 61,104 Tied To Debt: 2012A GO Bonds (Low. Mus. Rd Recon.) Tied To Project: Lower Muscatine Road Reconstruction TIF Expenditure Amount: 16,417 Tied To Debt: 2013A GO Bonds (Low. Mus. Rd Recon.) Tied To Project: Lower Muscatine Road Reconstruction Created: Mon Oct 26 14:06:25 CDT 2015 Page 5 of 51 f Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL (52020) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/SYCAMORE MALL & FIRST AVE U.R. TIF INCREMENT 0 0 TIF Taxing District Inc. Number: 52196 TIF Taxing District Base Year: 0 FY TIF Revenue First Received: 2004 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 08/2000 statutorily ends: 2022 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 33,574,690 0 0 0 33,574,690 0 33,574,690 Taxable 0 0 31,895,982 0 0 0 31,895,982 0 31,895,982 Homestead Credits statutorily ends: 2022 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 22,927,940 10,646,750 2,134,863 8,511,887 253,527 FY 2015 TIF Revenue Received: 63,199 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL (52020) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/SYCAMORE & 1ST AVE UR 2003 AMEND INCR TIF Taxing District Inc. Number: 52240 TIF Taxing District Base Year: 0 FY TIF Revenue First Received: 2004 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 08/2000 statutorily ends: 2022 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 2,870,270 497,270 8,504,600 0 -3,704 11,868,436 0 11,868,436 Taxable 0 1,561,429 472,409 8,079,371 0 -3,704 10,109,505 0 10,109,503 Homestead Credits 9 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 9,496,280 2,375,860 476,402 1,899,458 56,575 FY 2015 TIF Revenue Received: 14,322 Created: Mon Oct 26 14:06:25 CDT 2015 Page 6 of 51 ♦ Annual Urban Renewal Fiscal Year 2014 - 2014 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL UR Area Number: 52021 UR Area Creation Date: UR Area Purpose: 07/1997 To grow tax base; encourage development of start up firms, expansion of existing and attraction of new industries, especially in the are of renewable energy. Enhance number of sites available for industrial development. Tax Districts within this Urban Renewal Area Base Value Increment IncrementNo. No. Used IOWA CITY/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT 52208 52209 0 IOWA CITY AG/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT 52210 52211 0 Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 53,260 0 36,169,580 5,965,310 0 0 42,188,150 0 Taxable 23,115 0 34,361,125 5,667,045 0 0 40,051,285 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 5,078 0 Restricted for LMI TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 0 0 0 0 0 0 0 5,078 5,078 Created: Mon Oct 26 14:06:25 CDT 2015 Page 7 of 51 Annual Urban Renewal Rcpm, Fiscal Ycor 2014 - 2013 Projects For IOWA CITY SCOTT SIX URBAN RENEWAL Construct rail sidings and spur Description: Provide rail access to development sites in the URA Classification: Roads, Bridges & Utilities Physically Complete: Yes Payments Complete: No Construct rail crossings Description: Provide rail crossings within industrial park Classification: Roads, Bridges & Utilities Physically Complete: Yes Payments Complete: No Administrative Expenses Description: Administrative expenses Classification: Administrative expenses Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 8 of 51 E . Annual Urban Renewal Report Fisesi Year 2014 - Debts/Obligations For IOWA CITY SCOTT SIX URBAN RENEWAL Rail Sidings & Spur. (Peterson Contractors) Debt/Obligation Type: Internal Loans Principal: 1,373,423 Interest: 0 Total: 1,373,423 Annual Appropriation?: No Date Incurred: 05/01/2012 FY of Last Payment: 2020 Rail Crossings (Iowa Interstate Railroad) Debt/Obligation Type: Internal Loans Principal: 309,929 Interest: 0 Total: 309,929 Annual Appropriation?: No Date Incurred: 09/06/2011 FY of Last Payment: 2020 FY15 Adminstrative Expenses Debt/Obligation Type: Internal Loans Principal: 79 Interest: 0 Total: 79 Annual Appropriation?: No Date Incurred: 11/10/2015 FY of Last Payment: 2017 FY14 Adminstrative Expenses Debt/Obligation Type: Internal Loans Principal: 4,386 Interest: 0 Total: 4,386 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of Last Payment: 2016 Created: Mon Oct 26 14:06:25 CDT 2015 Page 9 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 The original 1997 Scott Six Urban Renewal Area was amended for the first time in July 2011. A TIF ordinance for the amended area has not yet been adopted. 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2015 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 10 of 51 iniou ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Industrial Other Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL (52021) Assessed TIF Taxing District Name: IOWA CITYAOWA CITY SCH/SCOTT SIX UR TIF INCREMENT 0 42,134,890 TIF Taxing District Inc. Number: 52209 0 0 34,361,125 TIF Taxing District Base Year: 2001 0 FY TIF Revenue First Received: 2005 Slum UR nesigaatim No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 07/1997 statutorily ends: 2023 2,318,512 39,816,378 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 36,169,580 5,965,310 0 0 42,134,890 10 Taxable 0 0 34,361,125 5,667,045 0 0 40,028,170 0 Homestead Credits statutorily ends: 2023 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 2,318,512 39,816,378 0 39,816,378 1,185,932 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL (52021) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT TIF Taxing District Inc. Number: 52211 TIF Taxing District Base Year: 2001 FY TIF Revenue First Received: 2005 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 07/1997 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 11 of 51 Agricultural Residential Commercial Industrial Other Military TOW Gas/Electric Utility Total Assessed 53,260 0 0 0 0 0 53,260 0 53,260 Taxable 23,115 0 0 0 0 0 23,115 0 23,115 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 23,504 23,115 0 23,115 467 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 11 of 51 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 - 1 i1a, Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL UR Area Number: 52023 UR Area Creation Date: UR Area Purpose: 04/1999 To facilitate an urban renewal program using private and public resources to develop the area for office, research, production and/or assembly uses. To increase tax base; attract new and expansion of existing funis in area; provide new development sites. Tax Districts within this Urban Renewal Area Base Increment IncrementNo. Value No. Used IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PARK UR INCR 52230 52231 0 IOWA CITY AG/IOWA CITY SCH/NORTHGATE UR TIF INCR 52325 52326 0 IOWA CITYAOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR 52345 52346 0 IOWA CITY AG/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR 52347 52348 0 Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total GasMectric Utility Total Assessed 83,130 242,790 34,077,760 0 0 0 34,403,680 0 Taxable 36,079 132,078 32,373,876 0 0 0 32,542,033 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 0 0 Restricted for LMI TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Retained to County Treasurer: Total Expenditures: 0 0 0 0 0 0 0 0 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 12 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PARK UR INCR TIF Taxing District Inc. Number: 52231 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: UR Designation 2005 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 04/1999 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 34,077,760 0 0 0 34,077,760 01 34,077,760 Taxable 0 0 32,373,876 0 0 0 32,373,876 0 32,373,876 Homestead Credits statutorily ends: 2023 Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 6,728,364 27,349,396 0 27,349,396 814,603 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/NORTHGATE UR TIF INCR TIF Taxing District Inc. Number: 52326 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: si padon 2005 Slum UR Desi No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 04/1999 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 13 of 51 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Udlity I oral Assessed 7,900 0 0 0 0 0 7,900 0 7,900 Taxable 3,429 0 0 0 0 0 3,429 0 3,429 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 14,807 0 0 0 0 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 13 of 51 A Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITYIIOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR TIF Taxing District Inc. Number: 52346 TIF Taxing District Base Year: 2004 UR Designation FY TIF Revenue First Received: Slum No Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 242,790 0 0 0 0 242,790 0 Taxable 0 132,078 0 0 0 0 132,078 0 0 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 213,180 29,610 0 29,610 882 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR TIF Taxing District Inc. Number: 52348 TIF Taxing District Base Year: 2004 UR Designation Slum No FY TIF Revenue First Received: Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 14 of 51 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 75,230 0 0 0 0 0 75,230 0 75,230 Taxable 32,650 0 0 0 0 0 32,650 0 32,650 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 30,908 32,650 0 32,650 660 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 14 of 51 f Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL UR Area Number: 52024 UR Area Creation Date: UR Area Purpose: 10/1969 Create a more livable, walkable community, remediate blight, establish attractive design standards for new and rehabilitated buildings, increase office and residential space by promoting mixed use building, and develop multi -modal transportation network. Tax Districts within this Urban Renewal Area Base Increment IncrementNo. Value Total Gas/Electric Utility Total Assessed 0 116,492,640 No. 0 -11,112 386,442,638 0 Taxable 0 63,372,259 256,463,242 0 Used IOWA CITY/IOWA CITY SCH/CITY UNIV PROD I UR AREA INCR 52234 52235 5,696,091 IOWA CITY/IOWA CITY SCH/CITY UNIV UR INCR- IC DOWNTOWN SSMID 52352 52353 3,208,474 IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMEND INCR 52354 52355 4,261,161 IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD-SSMID INCR 52356 52357 2,229,119 IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10 INCR 52366 52367 1,082,841 Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 116,492,640 269,961,110 0 0 -11,112 386,442,638 0 Taxable 0 63,372,259 256,463,242 0 0 -11,112 319,824,389 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 0 0 Restricted for LMI TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 502,339 0 0 0 502,339 0 502,339 0 502,339 Created: Mon Oct 26 14:06:25 CDT 2015 Page 15 of 51 4► Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Projects For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL Park @ 201 Description: High rise residential, office, retail Description: Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: Yes Payments Complete: No Hieronymous Square Description: Description: Hieronymous Square; future development Recreational facilities (lake development, parks, ball fields, Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: No Payments Complete: No The Chauncey Description: Infill project at SE corner of College & Gilberts Streets Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: No Payments Complete: No Riverside/Hwy 6 Central Business District Projects Description: Improvements to central business district Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 16 of 51 Redevelopment of Old Public Works site; future Description: development Classification: Commercial - retail Physically Complete: No Payments Complete: No CBD streetscape renovation Description: improvements to downtown business district Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No Central Business District Projects Description: Improvements to central business district Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 16 of 51 Harrison Street Condos Condo project lining new parking includes 3 units Description: affordable Classification: Residential property (classified residential) Physically Complete: No Payments Complete: No Hilton Garden Inn Description: High rise hotel on Clinton St. Classification: Commercial - hotels and conference centers Physically Complete: No Payments Complete: No Administration Expense Description: Administration Expense Classification: Administrative expenses Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 17 of 51 rl► Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Debts/Obligations For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL 2012D TIF Revenue Bonds Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: 2013A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: TIF Revenue Bonds/Notes 2,328,283 578,507 2,906,790 No 11/13/2012 2032 Gen. Obligation Bonds/Notes 350,000 31,509 381,509 No 06/18/2013 2023 2011B GO Bonds (Riverfront Crossings) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 74,053 1,582 75,635 No 05/03/2011 2015 2012B GO Bonds (Riverfront Crossings) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: 2014A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 200,000 1,642 201,642 No 06/05/2012 2015 Gen. Obligation Bonds/Notes 1,000,000 143,352 1,143,352 No 05/06/2014 2024 Created: Mon Oct 26 14:06:25 CDT 2015 Page 18 of 51 2015A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 350,000 40,432 390,432 No 05/05/2015 2025 2015A GO Bonds (Riverfront Crossing) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: Iowa City Hotel Associates Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 200,000 23,104 223,104 No 05/05/2015 2025 Rebates 8,800,000 0 8,800,000 No 03/23/2015 2040 Administrative Expenses FY15 Debt/Obligation Type: Internal Loans Principal: 12,500 Interest: 0 Total: 12,500 Annual Appropriation?: No Date Incurred: 11/10/2015 FY of Last Payment: 2017 A&M Development II, LLC Debt/Obligation Type: Rebates Principal: 976,277 Interest: 0 Total: 976,277 Annual Appropriation?: No Date Incurred: 01/20/2015 FY of Last Payment: 2032 Administrative Expenses FY14 Debt/Obligation Type: Internal Loans Created: Mon Oct 26 14:06:25 CDT 2015 Page 19 of 51 Principal: 2,767 Interest: 0 Total: 2,767 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of Last Payment: 2016 Created: Mon Oct 26 14:06:25 CDT 2015 Page 20 of 51 # Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Non -Rebates For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL TIF Expenditure Amount: 75,335 Tied To Debt: 2012D TIF Revenue Bonds Tied To Project: Park @ 201 TIF Expenditure Amount: 75,635 Tied To Debt: 2011 B GO Bonds (Riverfront Crossings) Tied To Project: Riverside/Hwy 6 TIF Expenditure Amount: 201,642 Tied To Debt: 2012B GO Bonds (Riverfront Crossings) Tied To Project: Riverside/Hwy 6 TIF Expenditure Amount: 43,827 Tied To Debt: 2013A GO Bonds (CBD) Tied To Project: CBD streetscape renovation TIF Expenditure Amount: 682 Tied To Debt: Administrative Expenses FYI Tied To Project: Administration Expense TIF Expenditure Amount: 105,218 Tied To Debt: 2014A GO Bonds (CBD) Tied To Project: CBD streetscape renovation Created: Mon Oct 26 14:06:25 CDT 2015 Page 21 of 51 4 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Industrial Other Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) Assessed 0 TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV PROJ I UR AREA INCR -5,556 68,271,894 TIF Taxing District Inc. Number: 52235 24,159,623 22,673,252 TIF Taxing District Base Year: 0 Slum UR Dnignatlon No FY TIF Revenue First Received: 2005 Blighted 10/1969 Subject to a Statutory end date? No Economic Development 11/2001 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 44,410,880 23,866,570 0 0 -5,556 68,271,894 0 68,271,894 Taxable 0 24,159,623 22,673,252 0 0 -5,556 46,827,319 0 46,827,319 Homestead Credits 13 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 20,432,178 46,827,319 5,696,091 41,131,228 1,225,095 FY 2015 TIF Revenue Received: 171,228 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR INCR- IC DOWNTOWN SSMID TIF Taxing District Inc. Number: 52353 TIF Taxing District Base Year: 0 UR Dedgaatioi Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 76,424,240 0 0 0 76,424,240 00 Taxable 0 0 72,603,086 0 0 0 72,603,086 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 50,047,502 26,376,738 3,208,474 23,168,264 736,404 FY 2015 TIF Revenue Received: 101,801 Created: Mon Oct 26 14:06:25 CDT 2015 Page 22 of 51 4 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMEND [NCR TIF Taxing District Inc. Number: 52355 UR DNatioa ip TIF Taxing District Base Year: 0 Slum FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY, 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 43,417,130 12,012,410 0 0 0 55,429,540 00 Taxable 0 23,619,028 11,411,809 0 0 0 35,030,837 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 15,361,532 35,030,837 4,261,161 30,769,676 916,476 FY 2015 TIF Revenue Received: 127,300 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD-SSMID INCR TIF Taxing District Inc. Number: 52357 UR Designation Taxing District Base Year: 0 Slum No Designation FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 60,349,050 0 0 0 60,349,050 0 Taxable 0 0 57,331,630 0 0 0 57,331,630 0 Homestead Credits Frozen Base Value Max Increment Value Fiscal Year 2015 42,023,548 18,325,502 FY 2015 TIF Revenue Received: 70,015 Increment Used Increment Not Used Increment Revenue Not Used 2,229,119 16,096,383 511,624 Created: Mon Oct 26 14:06:25 CDT 2015 Page 23 of 51 4- Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10 INCR TIF Taxing District Inc. Number: 52367 TIF Taxing District Base Year: 0 UR Designation Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Eleetric Utility Total Assessed 0 28,664,630 97,308,840 0 0 -5,556 125,967,914 0 Taxable 0 15,593,608 92,443,465 0 0 -5,556 108,031,517 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 117,071,480 8,901,990 1,082,841 7,819,149 232,894 FY 2015 TIF Revenue Received: 31,995 Created: Mon Oct 2614:06:25 CDT 2015 Page 24 of 51 I ♦ Annual Urban Renewal R Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL UR Area Number: 52027 UR Area Creation Date: UR Area Purpose: 05/2001 To formulate a workable program using public and private resources to further develop the area for industrial development. To build tax base; attract new firms and assist existing funis with expansion; make site improvements deemed necessary for industry. Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 28,190 0 40,168,810 24,326,250 0 0 64,523,250 0 Taxable 12,234 0 38,160,372 23,109,939 0 0 61,282,545 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 13,592 0 Restricted for LMI TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 13,592 Total Expenditures: 13,592 TIF Sp. Rev. Fund Cash Balance as of 06-30-2015: 0 Amount of 06-30- `ash Balance 0 Restricted for LM! Created: Mon Oct 26 14:06:25 CDT 2015 Page 25 of 51 Base Increment Increment Tax Districts within this Urban Renewal Area Used No. No. Used IOWA CITY/IOWA CITY SCH/HEINZ RD UR TIF INCR 52249 52250 0 IOWA CITY AG/IOWA CITY SCH/HEINZ RD UR TIF INCR 52251 52252 0 IOWA CITY/IOWA CITY SCH/HEINZ RD UR-ALPLA 2 TIF INCR 52321 52322 0 Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 28,190 0 40,168,810 24,326,250 0 0 64,523,250 0 Taxable 12,234 0 38,160,372 23,109,939 0 0 61,282,545 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 13,592 0 Restricted for LMI TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 13,592 Total Expenditures: 13,592 TIF Sp. Rev. Fund Cash Balance as of 06-30-2015: 0 Amount of 06-30- `ash Balance 0 Restricted for LM! Created: Mon Oct 26 14:06:25 CDT 2015 Page 25 of 51 Annual Urban Renewal Rep©rt, Fiscal Yeor 2014 - 20�_� Projects For IOWA CITY HEINZ ROAD URBAN RENEWAL Alpla Project #3 Description: TIF rebates, 4 year, $170K max Classification: Industrial/manufacturing property Physically Complete: Yes Payments Complete: No Administrative Expenses Description: Administrative Expenses Classification: Administrative expenses Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 26 of 51 ♦ Annual Urban Renewal Repmt, Fiscal Year 2014 - 2015 Debts/Obligations For IOWA CITY HEINZ ROAD URBAN RENEWAL Apia #3 Rebates Debt/Obligation Type: Rebates Principal: 170,000 Interest: 0 Total: 170,000 Annual Appropriation?: No Date Incurred: 01/21/2014 FY of Last Payment: 2018 FY14 Adminstrative Expenses Debt/Obligation Type: Internal Loans Principal: 323 Interest: 0 Total: 323 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of last Payment: 2016 Created: Mon Oct 26 14:06:25 CDT 2015 Page 27 of 51 ♦ Annual Urlm Renewal Repeat, ,y* 2014 - 2015 Rebates For IOWA CITY HEINZ ROAD URBAN RENEWAL ALPLA TIF Expenditure Amount: 0 Rebate Paid To: ALPLA Projected Final FY of Rebate: 2014 Created: Mon Oct 26 14:06:25 CDT 2015 Page 28 of 51 Jobs For IOWA CITY HEINZ ROAD URBAN RENEWAL Project: Alpla Project #3 Company Name: Alpla Date Agreement Began: 06/01/2016 Date Agreement Ends: 06/01/2019 Number of Jobs Created or Retained: 262 Total Annual Wages of Required Jobs: 9,585,326 Total Estimated Private Capital Investment: 12,200,000 Total Estimated Cost of Public Infrastructure: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 29 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Industrial Other Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL (52027) Assessed TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/HEINZ RD UR TIF INCR 0 55,373,410 TIF Taxing District Inc. Number: 52250 0 0 38,160,372 TIF Taxing District Base Year: 2003 UR Designation FY TIF Revenue First Received: 2007 Slum No SubSubject to a Statutory end date? J rY Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2002 statutorily ends: 2025 34,933,220 20,440,190 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 40,168,810 15,204,600 0 0 55,373,410 0 55,373,410 Taxable 0 0 38,160,372 14,444,371 0 0 52,604,743 0 52,604,743 Homestead Credits 2006 Slum No Subject to a Statutory end date? 0 No Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 34,933,220 20,440,190 0 20,440,190 608,812 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL (52027) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/HEINZ RD UR TIF INCR TIF Taxing District Inc. Number: 52252 TIF Taxing District Base Year. 2003 UR Designation FY TIF Revenue First Received: 2006 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2002 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 28,190 0 0 0 0 0 28,190 00 Taxable 12,234 0 0 0 0 0 12,234 0 Homestead Credits Frozen Base Value Max Increment Value Fiscal Year 2015 7,358 12,234 FY 2015 TIF Revenue Received: 0 Increment Used Increment Not Used Increment Revenue Not Used 0 12,234 247 Created: Mon Oct 26 14:06:25 CDT 2015 Page 30 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL (52027) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/HEINZ RD UR-ALPLA 2 TIF INCR TIF Taxing District Inc. Number: 52322 TIF Taxing District Base Year: 2003 FY TIF Revenue First Received: UR Designation 2011 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2002 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 31 of 51 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utilih Total Assessed 0 0 0 9,121,650 0 0 9,121,650 0 121AM Taxable 0 0 0 8,665,568 0 0 8,665,568 0 8, Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 4,585,250 4,536,400 0 4,536,400 135,117 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 31 of 51 61. ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL UR Area Number: 52028 UR Area Creation Date: UR Area Purpose: 05/2003 To formulate and execute a program using public and private resources to develop the area for retail, office, and other commercial uses. To revitalize commercial activity, expand taxable values, and make public improvements supporting commercial activity. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/IC HWY 6 COMMERCIAL UR TIF INCR IOWA CITY/IOWA CITY SCHAC HWY 6 COMM SOUTHGATE INCREMENT IOWA CITY AG/IOWA CITY SCH/HWY 6 COMM UR TIF INCR Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Assessed 13,410 867,490 65,928,900 0 0 Taxable 5,820 471,916 62,632,501 0 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2014: 0 TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 0 0 0 0 0 0 0 0 0 Military Total Gas/Electric Utility Total 0 66,809,800 0 66,809,800 0 63,110,237 0 63,110,237 L Amount of 07-01-2014 Cash Balance 0 Restricted for LMI Created: Mon Oct 26 14:06:25 CDT 2015 Page 32 of 51 Increment Base Increment Value No. No. Used 52255 52256 0 52279 52280 0 52317 52318 0 Military Total Gas/Electric Utility Total 0 66,809,800 0 66,809,800 0 63,110,237 0 63,110,237 L Amount of 07-01-2014 Cash Balance 0 Restricted for LMI Created: Mon Oct 26 14:06:25 CDT 2015 Page 32 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY/IOWA CITY SCHAC HWY 6 COMMERCIAL UR TIF INCR TIF Taxing District Inc. Number: 52256 TIF Taxing District Base Year: 2003 UR nesipation FY TIF Revenue First Received: 2005 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2003 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 867,490 52,985,060 0 0 0 53,852,550 10 Taxable 0 471,916 50,335,848 0 0 0 50,807,764 0 Homestead Credits Frozen Base Value Max Increment Value Fiscal Year 2015 49,291,922 4,560,628 FY 2015 TIF Revenue Received: 0 TIF Taxing District Data Collection Increment Used Increment Not Used Increment Revenue Not Used 0 4,560,628 135,838 Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/IC HWY 6 COMM SOUTHGATE INCREMENT TIF Taxing District Inc. Number: 52280 TIF Taxing District Base Year. 2003 Designation UR B FY TIF Revenue First Received: 2005 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2003 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 12,943,840 0 0 0 12,943,840 0 Taxable 0 0 12,296,653 0 0 0 12,296,653 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Fiscal Year 2015 8,745,932 4,197,908 0 4,197,908 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 33 of 51 Increment Revenue Not Used 125,035 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/HWY 6 COMM UR TIF INCR TIF Taxing District Inc. Number: 52318 TIF Taxing District Base Year: 2003 UR Designation FY TIF Revenue First Received: 2005 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2003 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 34 of 51 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 13,410 0 0 0 0 0 13,410 0 13,410 Taxable 5,820 0 0 0 0 0 5,820 0 5,820 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 112,626 0 0 0 0 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 34 of 51 -6 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL UR Area Number: 52029 UR Area Creation Date: UR Area Purpose: 04/2010 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for office and other commercial uses. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/MOSS GREEN URB VILLTIF INCR Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Assessed 0 0 0 0 0 Taxable 0 0 0 0 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2014: TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: TIF Sp. Rev. Fund Cash Balance as of 06-30-2015: 0 0 0 0 0 0 0 0 0 0 0 0 0 Base Increment Increment No. No. Value Used 52358 52359 0 Military Total Gas/Electric Utility Tote] 0 0 0. 0 0 0 Amount of 07-01-2014 Cash Balance Restricted for LMI Created: Mon Oct 26 14:06:25 CDT 2015 Page 35 of 51 Amount of 06-30-2015 Cash Bala Restricted for LMI 4 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Projects For IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL Moss Road Project Description: Moss Road extension Classification: Roads, Bridges & Utilities Physically Complete: No Payments Complete: No Administrative Expenses Description: Administrative Expenses Classification: Administrative expenses Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 36 of 51 4 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Debts/Obligations For IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL Moss Road Portion of 2014A Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 1,890,000 270,935 2,160,935 No 05/06/2014 2024 FY14 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 167 Interest: 0 Total: 167 Annual Appropriation?: No Date Incurred: 07/31/2013 FY of Last Payment: 2018 Created: Mon Oct 26 14:06:25 CDT 2015 Page 37 of 51 f Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Amendment #1 made June, 2013 to add land to the URA. 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2015 Created: Mon Oct 26 14:06:25 CDT 2015 Page 38 of 51 4 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Tasting District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL (52029) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/MOSS GREEN URB VILLTIF INCR TIF Taxing District Inc. Number: 52359 TIF Taxing District Base Year: 2012 UR Designation Slum No FY TIF Revenue First Received: Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 39 of 51 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 0 0 0 0 0 FY 2015 TIF Revenue Received: 0 Created: Mon Oct 26 14:06:25 CDT 2015 Page 39 of 51 Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY TOWNCREST URBAN RENEWAL UR Area Number: 52030 UR Area Creation Date: UR Area Purpose: 12/2010 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office, and other commercial uses. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/TOWNCREST TIF INCR Base Increment Increment No. No. Value Used 52360 52361 1,346,490 Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 4,621,750 29,274,750 0 0 -1,852 33,894,648 00 Taxable 0 2,514,243 27,811,031 0 0 -1,852 30,323,422 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2014 Cash Balance as of 07-01-2014: 0 0 Restricted for LMI TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 39,917 0 0 0 39,917 0 39,917 0 39,917 Created: Mon Oct 26 14:06:25 CDT 2015 Page 40 of 51 ♦ Annual Urban Renewal RWrt, VoW Yeat 2414 - 2015 Projects For IOWA CITY TOWNCREST URBAN RENEWAL William Street Streetscape Description: Public Improvement coinciding with Med Office Bldg. Classification: Roads, Bridges & Utilities Physically Complete: No Payments Complete: No MDK Development Med Office Bldg Description: Medical Office Building Classification: Commercial - office properties Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 41 of 51 ♦ Annual Urban Renewal Report, FOW Year 2014 - 2015 Debts/Obligations For IOWA CITY TOWNCREST URBAN RENEWAL 2011B GO Bonds (Towncrest Redev.) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 391,153 5,572 396,725 No 05/03/2011 2020 2012B GO Bonds (Towncrest Redev.) Debt/Obligation Type: Gen. Obligation Bonds/Notes Principal: 400,000 Interest: 3,284 Total: 403,284 Annual Appropriation?: No Date Incurred: 06/05/2012 FY of Last Payment: 2020 2013A GO Bonds (Williams St. Recon.) Debt/Obligation Type: Gen. Obligation Bonds/Notes Principal: 540,000 Interest: 48,614 Total: 588,614 Annual Appropriation?: No Date Incurred: 06/18/2013 FY of Last Payment: 2023 MDK Forgivable Loan Debt/Obligation Type: Internal Loans Principal: 625,000 Interest: 225,794 Total: 850,794 Annual Appropriation?: No Date Incurred: 06/19/2012 FY of Last Payment: 2035 Created: Mon Oct 26 14:06:25 CDT 2015 Page 42 of 51 ♦ Annual Urban Renewal Report, flucal Yeajr 2014 - 2015 Non -Rebates For IOWA CITY TOWNCREST URBAN RENEWAL TIF Expenditure Amount: 39,917 Tied To Debt: 2011B GO Bonds (Towncrest Redev.) Tied To Project: William Street Streetscape Created: Mon Oct 26 14:06:25 CDT 2015 Page 43 of 51 ♦ AnnuO iJrbvin it+enewW RepoK FOW Yo# 2014 i 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY TOWNCREST URBAN RENEWAL (52030) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/TOWNCREST TIF INCR TIF Taxing District Inc. Number: 52361 TIF Taxing District Base Year: 0 UR Designation Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Total Gas(Electric Utility Total Assessed 0 4,621,750 29,274,750 0 0 -1,852 33,894,648 00 Taxable 0 2,514,243 27,811,031 0 0 -1,852 30,323,422 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 32,550,010 1,346,490 1,346,490 0 0 FY 2015 TIF Revenue Received: 39,917 Created: Mon Oct 26 14:06:25 CDT 2015 Page 44 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL UR Area Number: 52031 UR Area Creation Date: UR Area Purpose: 10/2011 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office and other commercial uses. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/RIVERSIDE DR TIF INCR Urban Renewal Area Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other Military Assessed 0 0 30,089,640 0 0 0 Taxable 0 0 28,585,179 0 0 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2014: -108 TIF Revenue: 20,734 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 20,734 Rebate Expenditures: 0 Non -Rebate Expenditures: 20,626 Returned to County Treasurer: 0 Total Expenditures: 20,626 0 Base Increment Increment No. No. Value Used 52362 52363 696,133 Total Gas/Electric Utility Total 30,089,640 000,089,640 _ 28,585,179 0 ,179 0 Amount of 07-01-2014 Cash Balance Restricted for LMI Created: Mon Oct 26 14:06:25 CDT 2015 Page 45 of 51 Projects For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL Administrative Expenses Description: legal, consulting, recording, & publications Classification: Administrative expenses Physically Complete: No Payments Complete: No Riverside Dr Pedestrian Tunnel Description: pedestrian tunnel Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No Riverside West Apartments Description: 639 S. Riverside redevelop former car lot Classification: Residential property (classified residential) Physically Complete: No Payments Complete: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 46 of 51 Debts/Obligations For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL HDR Engineering (12.7%) Debt/Obligation Type: Internal Loans Principal: 20,884 Interest: 0 Total: 20,884 Annual Appropriation?: No Date Incurred: 07/05/2011 FY of Last Payment: 2016 Shoemaker & Haaland Design Contract Debt/Obligation Type: Internal Loans Principal: 20,714 Interest: 0 Total: 20,714 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of Last Payment: 2016 FY15 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 2,034 Interest: 0 Total: 2,034 Annual Appropriation?: No Date Incurred: 11/10/2015 FY of Last Payment: 2017 Emrico Properties, LLC Debt/Obligation Type: Rebates Principal: 1,809,875 Interest: 0 Total: 1,809,875 Annual Appropriation?: No Date Incurred: 12/02/2014 FY of Last Payment: 2024 2015A GO Bonds (Riverside Pedestrian) Debt/Obligation Type: Gen. Obligation Bonds/Notes Principal: 100,000 Interest: 11,552 Total: 111,552 Annual Appropriation?: No Created: Mon Oct 26 14:06:25 CDT 2015 Page 47 of 51 Date Incurred: 06/02/2015 FY of Last Payment: 2025 FY14 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 171 Interest: 0 Total: 171 Annual Appropriation?: No Date Incurred: 11/18/2014 FY of Last Payment: 2016 Snyder and Associates Inc (Streetscape) Debt/Obligation Type: Internal Loans Principal: 31,324 Interest: 0 Total: 31,324 Annual Appropriation?: No Date Incurred: 11/10/2015 FY of Last Payment: 2017 Created: Mon Oct 26 14:06:25 CDT 2015 Page 48 of 51 Non -Rebates For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL TIF Expenditure Amount: 20,626 Tied To Debt: HDR Engineering (12.7%) Tied To Project: Riverside Dr Pedestrian Tunnel Created: Mon Oct 26 14:06:25 CDT 2015 Page 49 of 51 This Urban Renewal Area was originally named Riverfront Crossings, but was amended to change the name to Riverside Drive URA in order to avoid confusion with the larger Riverfront Crossings . addition to the City -University Project 1 URA. 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2015 Created: Mon Oct 26 14:06:25 CDT 2015 Page 50 of 51 ♦ Annual Urban Renewal Report, Fiscal Year 2014 - 2015 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL (5203 1) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/RIVERSIDE DR TIF INCR TIF Taxing District Inc. Number: 52363 TIF Taxing District Base Year: 0 UR Designation Slum No FY TIF Revenue First Received: Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2013 for FY 2015 Agricultural Residential Commercial Industrial Other military Total Gas/Electric Utility Total Assessed 0 0 30,089,640 0 0 0 30,089,640 0 Taxable 0 0 28,585,179 0 0 0 28,585,179 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2015 23,812,020 6,277,620 696,133 5,581,487 166,245 FY 2015 TIF Revenue Received: 20,734 Created: Mon Oct 26 14:06:25 CDT 2015 Page 51 of 51 I 11-10-15 -0-4® CITY OF IOWA CITY 4d(7) MEMORANDUM 4d(8) Date: November 2, 2015 To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Re: Tax Increment Financing certification and Annual Urban Renewal Report Introduction Each year, the City must complete a set of state mandated reports about its use of Tax Increment Financing and file an annual TIF debt certification with the County Auditor. This memo provides an overview of Iowa City's use of TIF and briefly describes each of the reports. History TIF is one of the few tools allowed by state law that cities can use to help finance development projects in their communities. Iowa City has established twelve Urban Renewal Areas which enable the use of TIF. Each Urban Renewal Plan specifies the area goals and planned urban renewal projects. Since 2003, the City has been a financial partner in a number of TIF projects ranging from industrial businesses adding jobs and new products, to redevelopment of blighted properties and high-rise mixed use buildings. The table below shows the base values and current values of completed TIF projects. $25,123,930 $119,366,800 a Slum and Blight Urban Renewal Areas have no sunset date The 2015 assessed valuations of the projects we have assisted are almost five times their base values. Base values were $25 million and current assessments on those properties are $119 million resulting in $94 million in new value. Leveraging public funds to build the tax base and bring new jobs ensures a greater return to the public in future property tax revenues. For the completed 2015 New Value District (noted in Bold) Start End Base Value Assessed Created in District projects indented (not bold) date date of Project Valuation TIF projects Sycamore & First Avenue URA 2000 2024 Sycamore Mall 2004 2010 $4,662,900 $10,514,000 $5,851,100 Plamor Redevelopment 2006 2011 $972,150 $2,403,220 $1,431,070 Scott Six Industrial Park 2001 2021 Owens Brockway 2005 2009 $30,010 $6,176,830 $6,146,820 City -University Project 1 2001 nlaa Plaza Towers 2004 2010 $0 $37,019,560 $37,019,560 Vito's building rehab 2011 2011 $813,350 $1,817,390 $1,004,040 Park at 201 2012 2012 $569,520 $10,160,280 $9,590,760 Northgate Corporate Park 2002 2022 Seabury & Smith 2005 2011 $264,520 $7,314,220 $7,049,700 Heinz Road 2002 2022 Alpla of Iowa project (3 separate projects,1 current) 2003 2019 $3,594,340 $16,676,470 $13,082,130 United Natural Foods Inc. 2003 2011 $4,653,740 $11,715,050 $7,061,310 Hwy 6 Commercial URA 2003 2023 Southgate Development (Pepperwood) 2003 2013 $8,677,520 $13,115,210 $4,437,690 Towncrest URA 2010 nlaa MDK Medical Office Building 2012 2012 $885,880 $2,454,570 $1,568,690 $25,123,930 $119,366,800 a Slum and Blight Urban Renewal Areas have no sunset date The 2015 assessed valuations of the projects we have assisted are almost five times their base values. Base values were $25 million and current assessments on those properties are $119 million resulting in $94 million in new value. Leveraging public funds to build the tax base and bring new jobs ensures a greater return to the public in future property tax revenues. For the completed Page 2 projects above, the total $94 million in new value was made possible in part by the City's TIF assistance of $21.9 million (total, including finance costs). The following City Council approved TIF projects will be added to the list in the coming years as base valuations are set and completed valuations assessed. • Iowa City Marketplace, renovation and rehab of former Sycamore Mall to attract Lucky's Market • Hilton Garden Inn, hotel project between School of Music and Museum of Art • Sabin Townhomes, 28 units, including 3 affordable for rent • Riverside West apartments, 100 units including 10 affordable for rent • The Chauncey, mixed use high rise including movie theater, bowling, hotel, and residential, including 5 units of affordable for rent Discussion The two resolutions for your consideration at the November 10, 2015 meeting are: 1. TIF certification: The annual TIF debt certification to the County Auditor specifies TIF tax collection for each urban renewal area in which there is activity. Depending on the activity in an urban renewal area, different forms are submitted to the County Auditor. Form 1 initiates the collection of tax increment for projects not certified with the Auditor previously. Form 2 requests a specific dollar amount less than the full amount of available increment and Form 3 ends the collection of tax increment. The table below outlines this year's submission of TIF debt certification forms. The forms follow the resolution in your materials. Form Urban Renewal Area 1 2 3 Notes Form 1: Admin expenses, CBD projects, Riverfront Crossings projects ($626,036); Sabin Townhomes TIF rebates ($926,277); Hilton Garden Inn TIF rebates ($8.8 City -University Project 1 million). Form 2: Admin expenses, TIF revenue bonds, GO Bonds for CBD and (downtown) x x I Riverfront Crossings projects ($805,000) Form 1: Admin expenses and Riverside Ped Tunnel ($113,586); Riverside West apartments ($1,809,875); Riverside Streetscape project expenses ($31,324). Riverside Drive x x Form 3:reduction of required funds ($149) Form 1: Admin expenses and Compass Drive expenses not certified prior ($5,157) Scott Six x x Form 2: Rail sidings and spur, rail crossing and admin expenses ($750,000) Sycamore and First Avenue x Form 1: Administrative expenses ($5,874) 2. Annual Urban Renewal Report (AURR): The AURR is the state's web -based municipal TIF reporting system. For each city or county using TIF, there is a section for each urban renewal area that includes a short description, the plans, maps, and any amendments made to the district. It also provides an in-depth financial snapshot of the City's TIF fund accounts for each district, the status of ongoing projects in each and details about the debt associated with each urban renewal project. The report follows the resolution approving the report in your materials. Recommendation Staff recommends City Council approval of these state mandated reports. Please let me know if you have any questions. Cc: Dennis Bockenstedt, Finance Director r Prepared by: Wendy Ford, Ec. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240, 319-356-5248 RESOLUTION NO. 15-350 RESOLUTION DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2015 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS WHEREAS, the City of Iowa City, Iowa has established the various urban renewal plans for certain urban renewal areas (the "Urban Renewal Areas") and is undertaking certain projects within the Urban Renewal Areas (the "Projects"); and WHEREAS, it is the intention of the City to certify the amount so incurred and advanced, together with interest, for reimbursement under Iowa Code Section 403.19, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, as follows: Section 1. There has been established separate tax increment revenue funds for the City -University Project I Urban Renewal Area; Riverside Drive Urban Renewal Area, Scott Six Urban Renewal Area, and the Sycamore and First Avenue Urban Renewal Area (collectively the "Tax Increment Funds"), into which incremental property tax revenues received from the respective urban renewal areas are deposited. The Council finds the Projects identified in the attached TIF certifications to be Urban Renewal Projects as defined in Iowa Code Chapter 403 and directs that the amounts specified in said exhibits be certified for reimbursement under Iowa Code Section 403.19. Section 2. The Clerk and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to, certification for reimbursement under Iowa Code Section 403.19. Passed and approved this 10th day of November _,20 15 A0A::?!V 4 MAYOR p oe b ATTEST: CI Y ERK City Attorney's Office Resolution No. 15-350 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: X Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) IN CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Sycamore Mall & First Avenue Urban. Renewal Area Number: 52020 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewa! Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previous!y Certified*: $ 5,874 *There must be attached a supporting itemized listing of the dates that individua! loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this , day of IJ9re�Or_ I 2,61S I Jam— 3191—ass.-sos3 Signature of Authorized Official Telephone CITY TIF FORM 1.1 - To be attached to CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION TIF INDEBTEDNESS NOT PREVIOUSLY CERTIFIED ELIGIBLE FOR TAX COLLECTIONS NEXT FISCAL YEAR City: Iowa Urban Renewal Area Name: Sycamore Mall & First Avenue County: Johnson Urban Renewal Area Number: 52020 (Use five -digit Area Number Assigned by the County Auditor) Page 1 Ldividual TIF Indebtedness Type/Description/Details: Date Approved': Total Amount: 1. Administrative Costs - internal Loan 11/10/15 5,874 Includes attorney and other misc. expenses [-]'X' this box if a rebate agreement. List administrative details on lines above. 2. FIX' this box if a rebate agreement. List administrative details on lines above. .71W this box if a rebate agreement. List administrative details on lines above. 4. 7'X' this box if a rebate agreement. List administrative details on lines above. 5. Fj'X' this box if a rebate agreement. List administrative details on lines above. If more indebtedness entry lines are needed continue to Form 1.1 Page 2. Total For City TIF Form 1.1 Page 1: 5,874 "Date Approved" is the date that the local governing body initially approved the TIF indebtedness. CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403,19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa Urban Renewal Area Name: Scott Six County: Johnson Urban Renewal Area Number: 52021 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown, below, all of which qualify for repayment from the specia! fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban, Renewal Area Indebtedness Not Previously Certified`: $ 5,157 'There must be attached a supporting itemized listing of the dates that individua! loans, advances, indebtedness, or bonds were initially approved by the governing body. (Comp!ete and attach'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this I Z day of w vctiioa✓ Signature of Authorized Official Telephone 201'-5 CITY TIF FORM 1.1 - To be attached to CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Page 1 TIF INDEBTEDNESS NOT PREVIOUSLY CERTIFIED ELIGIBLE FOR TAX COLLECTIONS NEXT FISCAL YEAR City: Iowa City County: Johnson Urban Renewal Area Name: Scott Six Urban Renewal Area Number: 52021 (Use five -digit Area Number Assigned by the County Auditor) Individual TIF Indebtedness Type/Description/Details: Data Approved*: Tetal Amount: 1. Administrative Costs - Internal Loan 11/10/15 79 Includes attorney and other misc. expenses F'X' this box if a rebate agreement. List administrative details on lines above. 2. Compass Drive/Railroad crossings project - Internal Loan - amount not 9/6/2011 5,078 previously certified. Is Interstate Railroad payments. n'X' this box if a rebate agreement. List administrative details on lines above. 3. E]'X' this box if a rebate agreement. List administrative details on lines above. 4. '-1 E'X'this box if a rebate agreement. List administrative details on lines above. E]'X' this box if a rebate agreement. List administrative details on lines above. If more indebtedness entry lines are needed continue to Form 1.1 Page 2. Total For City TIF Form 1.1 Page 1: * "Date Approved" is the date that the local governing body initially approved the TIF indebtedness. CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: I Urban Renewal Area Name: Scott Six County: Johnson Urban Renewal Area Number: 52021 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: Rail Sidinqs and Spur. Internal Loan. Internal Loan. Adminstrative Expenses. Internal Loan. Amount Requested: 435,606 309,929 4,465 Dated this I I day of 17.a I i Signature of Authorized Official Telephone CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Citv Univ Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, ail of which qualify for repayment from the special fund referred to In paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified': $ 10,402,313 `There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM. 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this ) 2 day of Ay'rw.'llper 14 15 .) �. Signature of Authorized Official Telephone CITY TIF FORM 1.1 - To be attached to CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION TIF INDEBTEDNESS NOT PREVIOUSLY CERTIFIED ELIGIBLE FOR TAX COLLECTIONS NEXT FISCAL YEAR City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) Page 1 Individual TIF Indebtedness Type/Description/Details: Date Approved': Total Amount: 1. Administrative Costs - Internal Loan 11/10/15 Includes attorney and other misc. expenses r�'X' this box if a rebate agreement. List administrative details on lines above. 2. Central Business District Projects - 2015A GO Bonds Proportion of the 2015A GO Bond Issue to fund CBD Improvements 10 year bond FIX' this box if a rebate agreement. List administrative details on lines above 12,500 5/5/1.5 390,432 3. Riverfront Crossings Projects - 2015A GO Bonds 5/5/15 Proportion of the 2015A GO Bond Issue to fund Riverfront Crossings 10 year bond []'X' this box if a rebate agreement. List administrative details on lines above. 4. TIF Rebate - Development Agreement 1/20/15 A&M Development II, LLC - Harrison St Townhome NX 'X' this box if a rebate agreement. List administrative details on lines above. 223,104 976,277 5. TIF Rebate - Development Agreement 3/23/15 8,800,000 Iowa City Hotel Associates, LLC - Hilton Garden Inn PX 'X' this box if a rebate agreement. List administrative details on lines above. If more indebtedness entry lines are needed continue to Form 1.1 Page 2. Total For City TIF Form 1.1 Page 1: 10,402,313 4 "Date Approved" is the date that the local governing body initially approved the TIF indebtedness. CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: 2012D TIF Revenue Bonds (Park @ 201) 2013A GO Bonds (CBD) 2014A GO Bonds 2015A GO Bonds (CBD) 2015A GO Bonds (Riverfront Crossing) Administrative Expenses - Internal Loan Amount Requested: 498,250 41,551 131,060 76,694 43,825 14,585 Dated this I I day of Ma,4fw15,r 1 2-09 I 1 31g-�sG-s®53 Signature of Authorized Official Telephone CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: I Urban Renewal Area Name: Riverside Drive County: Johnson Urban Renewal Area Number: 52031 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified*: $ 1,954,785 *There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File'CITY TIF'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this 12 day of Ill I 1a! 5 30-3s4-5Dr3 Signature of Authorized Official Telephone CITY TIF FORM 1.1 - To be attached to CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION TIF INDEBTEDNESS NOT PREVIOUSLY CERTIFIED ELIGIBLE FOR TAX COLLECTIONS NEXT FISCAL YEAR City: Iowa Urban Renewal Area Name: Riverside Drive County: Johnson Urban Renewal Area Number: 52031(Use fve-digtArea Number Assigned bythe County Auditor) Page 1 Individual TIF Indebtedness Type/Description/Details: Date Approved`: Total Amount: 1. Administrative Costs - Interral Loan 11/10/15 2,034 Includes attorney and other misc. expenses n'X' this box if a rebate agreement. List administrative details on lines above. 2. Riverside Drive Projects - 2015A GO Bonds 5/5/15 Proportion of the 2015A GO Bond Issue to fund Riverside Pedestrian Tunnel 10 year bond 7X' this box if a rebate agreement. List administrative details on ;Ines above. 3. TIF Rebate - Development Agreement 12/2/14 Emrico Properties, LLC - EMRICO RK this box if a rebate agreement. List administrative details on lines above. 111,552 1,809,875 4. Riverside Streetscape Projects - Snyder and Associates 11/10/^,5 331,324 5. and Design Services Fj'X' this box if a rebate agreement. List administrative details on lines above. 7W this box if a rebate agreement. List administrative details on lines above. If more indebtedness entry lines are needed continue to Form 1.1 Page 2. Total For City TIF Form 1.1 Page 1 " "Date Approved" is the date that the local governing body initially approved the TIF indebtedness. 1,954,785 CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Urban Renewal Area Name: Riverside Drive Urban Renewal Area Number: 52031 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced Previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below, Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would heed to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: Master Planning, Internal Loan, HDR Consultants delivered Master Plan for Downtown, and Riverfront Crossings Area. Total area studied=344 acres, of which this portion was 44 acres, or 12.7%. The expense was divided accordingly with this 20,884 = 12.7% of the total. Amount Reduced: 149 Total Reduction In Indebtedness For This Urban Renewal Area: 149 Dated this 12 day of No wv.'6er 201 S 3 ► 9-35(-5as 3 Signature of Authorized Official Telephone 4d(9) Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB15-00025) RESOLUTION NO. 15-351 RESOLUTION APPROVING FINAL PLAT OF KEMP'S ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, 2708 LLC, filed with the City Clerk the final plat of Kemp's Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: AUDITOR'S PARCEL 2006081, AUDITOR'S PARCEL 2006106, AUDITOR'S PARCEL 2014114 AND A PORTION OF THE SW1/4 OF THE NW1/4 OF SECTION 15-T79N-R6W OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2014114, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 59 AT PAGE 81 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03'05'57"E, ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL 2014114, THE EAST LINE OF AUDITOR'S PARCEL 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE EAST LINE OF AUDITOR'S PARCEL NO. 2006081, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 46 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 85.33 FEET, TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL 2006081; THENCE S63046'37"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL 2006081, A DISTANCE OF 57.73 FEET; THENCE S86°54'03"W, ALONG SAID SOUTH LINE, AND THE SOUTH LINE OF THE PARCEL OF LAND CONVEYED BY QUIT CLAIM DEED AS RECORDED IN BOOK 5330 AT PAGE 425 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 134.21 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH RIVERSIDE DRIVE; THENCE NO2051'01"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 108.00 FEET, TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2014114; THENCE N86054'03"E ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2014114, A DISTANCE OF 186.84 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.45 ACRE (19,602 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 15-351 Page 2 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 10th day of ATTEST: CITYI t_ RK November 120 15 MAYOR Approved by City Attorney's Office It was moved by Payne and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pcdfleonplaleslFina l Plat -Resolution X31 doo doc Prepared by: Christine Weinard, Buyer I, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5079 RESOLUTION NO. 15-352 RESOLUTION AUTHORIZING THE PROCUREMENT OF REFUSE AND RECYCLING SERVICES. WHEREAS, a Request for Bid was put out to solicit refuse and recycling services for the City of Iowa City; and WHEREAS, five bids were received for these services; and WHEREAS, the lowest and most responsive bidder was Johnson County Refuse; and WHEREAS, the initial term of this contract will be for three years, with an option to renew for another two years; and WHEREAS, the procurement for these services costs over $150,000, thereby requiring City Council approval; and WHEREAS, over the course of this 5 -year contract, the City expects to expend approximately $150,000 - $165,000 for pickup and disposal services; and WHEREAS, funds for this purchase are available in the refuse services line items in the operating budget; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 10th day of November , 20 15 MAYOR ATTEST: CITY ERK Approved by City torney's Office 1�j Resolution No. 15-352 ]Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AXES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton It �."at, CITY OF IOWA CITY ��— 4d(11) MEMORANDUM Date: November 3, 2015 To: Dennis Bockenstedt, Finance Director From: Christine Weinard, Buyer I Re: Awarding of the Solid Waste & Recycling Pickup and Disposal Services for City of Iowa City Background On August 26, 2015, a Request for Bid for Solid Waste & Recycling Pickup Service for several City of Iowa City locations was posted to the City of Iowa City web site. Vendors were required to submit questions and clarifications regarding the Request for Bid by September 4, 2015. Bids had to be submitted by 2:30 p.m. on September 15, 2015. The City received bids from the following vendors: ABC Disposal, Hawkeye Waste Systems, Johnson County Refuse, Republic Services, and Waste Management. Republic Service was the lowest bidder, but took several exceptions to the City's terms and conditions, therefore the company was deemed nonresponsive. The next lowest bidder, Johnson County Refuse, took an exception to a delivery requirement for one location. This one location will be serviced by the next lowest, responsive bidder, ABC Disposal. History/Financial Impact Expenditures for this contract over the past two years include $20,000 for FY14 and $26,100 during FY15. The first quarter of expenditures for FY16 total $8,200. Over the course of this 5 year contract, we expect to expend approximately $155,000 - $165,000 based on anticipated usage. Funds for these services are available in the Refuse line items in the following departments: Government Buildings, Senior Center, Parks and Recreation, Library, Housing Authority, Transportation and Resource Management, Airport, Public Works and Police. Recommendation After reviewing all submitted bids, it's my recommendation that Johnson County Refuse receive the contract award for Solid Waste & Recycling Pickup and Disposal Services for the City of Iowa City. Johnson County Refuse submitted the lowest, most responsive bid for this contract. cc: Mary Niichel-Hegwood, Purchasing Agent Id r)) Prepared by: Mary Niichel-Hegwood, Purchasing, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078 RESOLUTION NO. 15-353 RESOLUTION AUTHORIZING THE RENEWAL OF THE CONTRACT FOR CREDIT CARD PROCESSING SERVICES WITH US BANK WHEREAS, a Request for Proposal was put out for credit card processing services for City of Iowa City in 2012; and WHEREAS, the evaluation committee selected US Bank in 2012; and WHEREAS, the initial term of this contract was for three years, with an option to renew for two one-year periods upon the mutual consent of the City and US Bank; and WHEREAS, the initial three-year term of this contract has come to an end, and the City and US Bank wish to renew the contract for an additional 1 year, with the option for an additional one-year renewal period; WHEREAS, over the course of this 1 -year contract, and subsequent one-year renewal, the City expects to expend approximately $300,000 per year; WHEREAS, funds for this service are available in the financial services and charges line item in the operating budgets for Revenue, Parking, Animal Services, Housing Inspection, Landfill, Library; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the renewal, and to execute subsequent annual renewals as appropriate. Passed and approved this 10th day of - - , W.@ =Ao- November ,20 15 MAYOR Approved by City orney's Office Resolution leo. 15-353 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AXES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF IOWA CITY A 4d(12) 2. MEMORANDUM Date: November 3, 2015 To: Dennis Bockenstedt, Director of Finance From: Mary Niichel-Hegwood, Purchasing Agent Re: Renewal of Contract for Credit Card Processing Services, November 10, 2015 Agenda Item Background In 2012, the Purchasing Division issued a Request for Proposal for Credit Card Processing Services for the City of Iowa City. Thirteen proposals were received and evaluated by staff from the Finance Department. US Bank received the highest score and was awarded the contract for the initial three-year period, with the option to renew for two additional one-year periods. Staff and US Bank wish to renew the contract for one additional one-year period, with the option for the City Manager to execute one subsequent annual renewal. Financial Impact Over the course of this 1 -year contract renewal and one subsequent annual renewal, we expect to expend approximately $300,000 per year. Funds for the credit card processing contract are available in the financial services and charges line item in the operating budgets for the following divisions: Revenue, Parking, Animal Services, Housing Inspection, Landfill, Library. The approximate yearly costs will be: Revenue $84,200.00 Parking $191,000.00 Animal Services $1,400.00 Housing Inspection $10,600.00 Landfill $8,700.00 Library $4,500.00 Recommendation The City of Iowa City and US Bank renew the contract for additional one-year period, with the option for the City Manager to renew for one subsequent one-year period. Prepared by: Simon Andrew, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 15-354 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING FOR CO-SPONSORSHIP OF SUMMER OF THE ARTS WITH THE UNIVERSITY OF IOWA WHEREAS, Summer of the Arts has organized highly successful and well -attended arts programming in Iowa City for over a decade; and, WHEREAS, Summer of the Arts programs and festivals draw a large number of artists, musicians, and visitors to Iowa City each year; and, WHEREAS, both resident and student populations enjoy the cultural benefits of these events; and, WHEREAS, in recognition and support of the community benefits of Summer of the Arts, the University and the City currently fund Summer of the Arts annually at $70,000 and $67,000, respectively; and, WHEREAS, the City has received a proposal to sign a memorandum of understanding communicating that the University intends to fund Summer of the Arts at the current level for the next five years, subject to annual review and approval; and, WHEREAS, the document further communicates that continued University funding is subject to continued City funding at the current level; and, WHEREAS, continued co-sponsorship of Summer of the Arts with the University of Iowa and area businesses will continue to enhance the arts and music programming in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The City Manager is authorized to sign a memorandum of understanding between the City, University of Iowa, and Summer of the Arts communicating the intention to continue current funding levels for a term of five years, subject to annual review and approval. Passed and approved this 10th day of odice -W A R�-4: . November ,20 15 MAYOR pp 0 by City Attorney's Office Resolution No. 15-354 ]Page 2 It was moved by _ Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ARSE1oT]C: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton Understanding Among the University of Iowa, City of Iowa City and Summer of the Arts S of A • S of A provides a broad base of community activities enjoyed by area employees, students and visitors. It is supported by the City of Iowa City and other area employers. • The University of Iowa will contribute $70,000 for Summer of the Arts within the fiscal year beginning October 1, 2015, as a co -investment with the City of Iowa City and other area employers. The intention is to continue this annual support for a total of five (5) years, subject to annual review and renewal. • University of Iowa participation is subject to continued annual support from the City of Iowa City at least at the City's 2015 funding level. • S of A will provide an annual report of proposed activities and a final report of activities accomplished to the University for their review and continued funding approval. • S of A will utilize University of Iowa student interns to the greatest extent it can and provide University an annual summary of University student interns' involvement with S of A organization and events. • S of A will sponsor innovative and entertaining activities that will appeal to a broad base of University of Iowa faculty, staff and students, as well as visiting parents and prospective students. S of A will continue to program events at the very beginning and ending of the summer season while the academic year is in session to allow students the full experience and benefit of S of A events. • No solicitation for financial support (excluding in-kind) will be made to individual University of Iowa organizations without prior authorization of the University Business Manager. • The University of Iowa's commitment will occur through four (4) equal installments each year beginning October 1, 2015. [$16,250 payable on the Is` of October, January, April, July) UI's representative is its Business Manager, David Kieft. Additional University of Iowa contacts are Pam Krogmeier in the Office of VP for University Life, Ann Ricketts, Assistant VP in the Office of the VP for Research and Economic Development and Chuck Swanson, Director of Hanchcr in the Office of the VP for Strategic Communications. (�—: om ar , City Manager Mark Zaiger, Summer of the esident David Kieft, Universi wa Business Manager r CITY OF IOWA CITY`' MEMORANDUM Date: November 5, 2015 To: City Council From: Tom Markus, City Manager Re: Summer of the Arts resolution of support History/Background: Summer of the Arts has provided a broad base of free community activities since 2005. Summer of the Arts programming includes Arts Fest, Jazz Fest, Soul Fest, the Friday Night Concert Series, Musick, and the Free Movie Series. The events are integral to our community's arts culture and draw visitors and artists to Iowa City from around the country. The City of Iowa City is a strong supporter of Summer of the Arts, including making an annual financial contribution. The University of Iowa is also a financial supporter of the organization. The resolution on City Council's agenda authorizes the City Manager to sign a memorandum of understanding between the City, University, and Summer of the Arts establishing the vision for a long-term financial relationship. While funding decisions are subject to annual review and approval, the document would indicate the intention of both the University and the City to continue our financial partnership in supporting Summer of the Arts. The document communicates the intention of the University to continue to fund Summer of the Arts at the current level of $70,000 for the next five years, subject to the City continuing to fund the organization at our current $67,000 contribution. The understanding explicitly states that this funding is subject to annual review and renewal. Recommendation: Staff recommends approval of the resolution authorizing the City Manager to sign the memorandum of understanding. Again, funding decisions will ultimately be made annually by the City Council; this document communicates the City's intention to continue our current support. 1 1020 Resolution No. Page 2 It was moved by adopted, and upon roll call there wer AYES: the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton r ®�r CITY OF IOWA CITY .:III �� MEMORANDUM Date: November 9, 2015 To: Tom Markus, City Manager From: Sara Greenwood Hektoen, Assistant City Attorneyp Re: RESOLUTION TERMINATING AN ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES, L.L.C., AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH IOWA CITY HOTEL ASSOCIATES, L.L.C. FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA, AND CONSENTING TO THE ASSIGNMENT OF SAID AGREEMENT This resolution is related to the redevelopment of the block located at the southeast corner of Clinton and Burlington. Commonly referred to as the Hieronymus Square property, this property was contemplated to be one cohesive development. Accordingly, in 2007 in conjunction with the execution of a developer's agreement, the City agreed to allow the developer to access its underground parking through the Court Street Transportation Center, among other things. The development contemplated by that developer's agreement did not come to fruition. It is now contemplated that the site will be developed, in part, for the University of Iowa Museum of Art, making this parking and access easement no longer appropriate. This resolution terminates that agreement. This resolution also authorizes the execution of a new parking and access easement in conjunction with the Hilton Garden Inn hotel anticipated to be built upon a portion of this property. The developer contemplates constructing a skywalk/walkway to connect the second floor of the hotel to the Court Street Transportation Center. This agreement gives the developer permission to do so, and commits to allocating 80 parking permits for the benefit of hotel patrons at the developer/hotel operator's expense at market rate. No spaces will be designated for this specific use. Staff has determined that this easement agreement will not impair the operation of the parking structure and that adequate parking permits are available to accommodate this allocation. Lastly this resolution consents to the Developer assigning its rights under the agreement to its lender, West Bank, in accordance with the easement agreement. This assignment does not affect the Developer's obligations under the agreement, but rather allows the lender the ability to step into the shoes of the Developer in the event that the Developer defaults on any of its obligations under the easement agreement. Prepared by: Sara Greenwood Hektoen, Asst. City Attorney; 410 East Washington Street; Iowa City, IA 52240; 319- 356-5030 RESOLUTION NO. 15-355 RESOLUTION TERMINATING AN ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES, L.L.C., AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH IOWA CITY HOTEL ASSOCIATES, L.L.C. FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA, AND CONSENTING TO THE ASSIGNMENT OF SAID AGREEMENT WHEREAS, on October 2, 2007, the City Council did approve Resolution 07-292 authorizing the Mayor to sign an access easement and parking agreement for use of the Court Street Transportation Center with Hieronymus Square Associates incident to a developer's agreement for construction of a certain mixed use facility at the corner of Clinton and Burlington Streets; and WHEREAS, the mixed use facility contemplated by the developer's agreement has not been constructed, and instead the Iowa City Hotel Associates [hereinafter "ICHA"] is now planning to construct a Hilton Garden Inn Hotel, Conference Center and Rooftop Venue at 328 S. Clinton Street; and WHEREAS, because the nature of the development on the subject property has changed substantially, the 2007 access easement and parking agreement is no longer necessary or appropriate and should be terminated; and WHEREAS, ICHA has requested that the City allocate 80 parking permits for hotel patrons, and to allow a skywalk/walkway to be constructed from the Hilton Garden Inn to second floor of the parking structure for pedestrian access, subject to approval of the construction plans by the City Manager or designee; and WHEREAS, ICHA has further requested that the City consent to its pledge and assignment of its right, title, and interest in, to, and under the Access Easement and Parking Agreement to and for the benefit of West Bank; and WHEREAS, Staff has considered the parking needs at the Court Street Transportation Center, determined that adequate permits are available for this allocation, and thus recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 07-292 is hereby rescinded and the agreement executed pursuant thereto shall be terminated. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, any documentation necessary to effectuate the termination of said agreement, in a form approved by the City Attorney. 3. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached Access Easement and Parking Agreement with Iowa City Hotel Associates. L.L.C.. 4. The City Manager or designee is hereby authorized to review and approve construction plans for the skywalk connection to the Court Street Transportation Center. 5. The Mayor is hereby authorized to sign and the City Clerk to attest a consent to the collateral assignment of Access Easement and Parking Agreement to West Bank, in a form approved by the City Attorney. 6. The City Clerk is Hereby authorized and directed to certify a copy of this Resolution and above - referenced Agreements and to record the same in the Johnson County Recorder's Office at ICHA's expense. Passed and approved this 10th day of November 2015. Approved by ATTEST: X O-L-AAIIZ4� CITY RK City Attorneys Office it /4 js Resolution No. 15-355 ]Page 3 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AXES: Bo t chway the NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ACCESS EASEMENT AND PARKING AGREEMENT by and between CITY OF IOWA CITY — IOWA CITY HOTEL ASSOCIATES, L.L.C. This Agreement is entered into this 10th day of November, 2015 between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City", and Iowa City Hotel Associates, L.L.C., a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to as "ICHA". WHEREAS, ICHA is planning to construct a Hilton Garden Inn Hotel, Conference Center and Rooftop Venue at 328 S. Clinton Street, legally described as: The South 36 feet of Lot 6 and the North 44 feet of Lot 5, in Block 102 of the Original Town of Iowa City, Iowa, according to the recorded plat thereof, which facility shall consist of a twelve (12) story hotel with approximately one hundred forty (140) rooms, conference space and a rooftop patio, hereinafter referred to as the "Facility"; and WHEREAS, the City and ICHA entered into an Agreement for Private Redevelopment of said property on March 23, 2015, hereinafter referred to as the "Developer's Agreement", which details certain minimum improvements ICHA must make in constructing and operating the Facility; and WHEREAS, City is the owner of the Ground Transportation Center and parking ramp located at Court and Dubuque Streets, in Iowa City, Johnson County, Iowa; legally described as: Original Town of Iowa City, Lots 1, 2, 3, & 4, excluding the N 37' of E 55' of Lot 1, block 102, (hereinafter the "Ground Transportation Center"); and WHEREAS, the Facility requires the availability of off-street parking for the use of its patrons; and WHEREAS, the City and ICHA have reached an agreement concerning parking availability, which agreement the parties wish to reduce to writing. NOW THEREFORE, in light of the good and valuable consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Access Easement and Skywalk/Walkway. The parties agree that, in the event that ICHA constructs the project contemplated by the Developer's Agreement, ICHA and its suc- -2- cessors, transferees, heirs, and assigns shall have the right to construct a skywalk/walkway from the ICHA hotel to the Ground Transportation Center (A/K/A Court Street Transportation Center) in the location shown on the attached Exhibit A, incorporated herein by this reference. The parties further agree that ICHA and its successors, transferees, heirs and assigns shall have a pedestrian access easement for the purposes of connecting to and ingress and egress over and across the Ground Transportation Center through said skywalk/walkway. The parties acknowledge that, at a minimum, said skywalk/walkway shall provide access to the ICHA hotel and the Ground Transportation Center at the second level of the Ground Transportation Center. The City shall neither be obligated to nor responsible for the construction and/or maintenance of said skywalk, which shall be solely the responsibility of ICHA, its successors, transferees, heirs and assigns. 2. Non -Interference With Access. The easement hereby created shall be for ICHA's use as the owner of the Hilton Garden Inn hotel and for its heirs, successors, and assigns for access purposes. Neither the City nor its agents, representatives or assigns shall so use or leave any vehicles, or any other obstruction in said easement areas so as to prevent the free and un- interrupted use of said easement areas by ICHA and its heirs, successors, and assigns, except during the performance of periodic maintenance and repair as the City deems necessary, which maintenance and repair shall be performed as quickly and with as little disturbance to ICHA's access rights as is reasonably possible. City also agrees to provide ICHA with reasonable written notice of said maintenance and repair. 3. Costs of Construction. The parties agree that ICHA shall be responsible for all of the costs of construction of the pedestrian access easement and the skywalk/walkway and any changes to the Ground Transportation Center necessitated hereby. 4. Plan Approval. All construction plans for the easement area and the skywalk/walkway must be reviewed and approved by the City of Iowa City, or its designee, and the access easement area located within the Ground Transportation Center must be in compliance with applicable federal, state, and local codes and ordinances, including but not limited to the Americans with Disabilities Act. 5. Loss of Parking Spaces. In the event that the construction of the access easement area and skywalk/walkway results in the loss or destruction of any usable and Iowa City Code - compliant parking spaces within the Ground Transportation Center, ICHA will reimburse City monthly for the loss or destruction of those spaces at the then -applicable monthly permit rate. Said obligation to reimburse City for the loss or destruction of parking spaces shall commence upon the initiation of construction of the access easement area and the skywalk/walkway and continue for so long as the access easement area is in use by ICHA, its successors -in -interest, or assigns or until said lost or destroyed parking spaces are replaced by ICHA within the Ground Transportation Center, whichever occurs sooner. 6. ResponsibilityfOperation and Maintenance. ICHA shall be solely responsible for the costs of construction, maintenance and operation of the skywalk/walkway, including but not limited to the costs associated with any power source or ongoing maintenance thereof. ICHA shall be responsible for the cost of any repairs to the easement area, or the Ground -3 - Transportation Center generally necessitated by its or its agents, assigns, successors or transferees in interest's negligent use or misuse. 7. Parking Permit Allocation. The City agrees to allocate to ICHA and the Facility for the use of its hotel patrons (but not its employees) 80 parking permits, for vehicles with a maximum clearance of 7 feet, in the City -owned and operated Ground Transportation Center located in Iowa City, Iowa, to be paid at ICHA's cost in accordance with Exhibit B, attached hereto and incorporated herein by this reference. This allocation merely entitles hotel patrons the opportunity to seek parking in the Ground Transportation Center at ICHA's expense. The City makes no representations about the availability of parking spaces for any hotel patrons. ICHA acknowledges that there will be no individual spaces signed for or otherwise restricted to the exclusive use by hotel patrons. Additional parking may be provided, if available, to registered hotel guests in any of the City -owned parking ramps, including, but not limited to, the Capitol Street Parking Ramp, the Ground Transportation Center and/or the Tower Place and Parking Ramp. Parking may be provided to other users of said Facility, such as meeting attendees and rooftop venue patrons, who shall not be deemed to be beneficiaries of this Agreement, in any City -owned parking ramp during scheduled operating hours of the parking ramps on an as available basis and at the same rates as the general public. In the event City no longer owns or uses any parking ramp and/or the parking ramps noted herein, namely the Capitol Street Parking Ramp, the Ground Transportation Center and/or the Tower Place and Parking Ramp, the City agrees to allocate parking permits to ICHA for purchase in accordance with Exhibit B at a location that constitutes a reasonable alternative, and is in as close proximity to the multi -use structure as reasonably possible and practical. Said substitute parking permit allocation shall be provided to ICHA no later than the cessation of operation of the above-named parking ramps or other parking ramp. Notwithstanding the foregoing, in the event City transfers ownership of the above-named ramps or any other parking ramps, said transfer shall be subject to the transferee assuming City's obligations under this Agreement. 8. Parking Validation. The City and ICHA agree to develop a validation system so that parking ramp tickets for hotel patrons can be validated by ICHA and used to satisfy parking ramp ticket indebtedness upon exiting any of the City -owned parking ramps. ICHA agrees to develop appropriate security systems to prevent unauthorized use of the parking validation system, including use by ICHA or Facility employees. The allocation of 80 parking permits to ICHA and the Facility shall equate to the purchase of 576,000 hours of parking per year at the subsidized rate set forth in Exhibit B. ICHA shall pay for any hours of parking in excess of these allocated permits at the regular hourly rates and at such times as set forth in Exhibit B. 9. Ramp Operation. The City shall be responsible for maintaining ramp operations. It is agreed that by making this Agreement, the City is neither expanding nor limiting its liability to ICHA or its guests and patrons in connection with the operation of the parking ramp, but rather such liability shall be the same as to any other person or entity using the parking ramp. -4- 10. Ownership of the Hotel. City and ICHA agree that any assignment of this Parking Agreement by ICHA will be subject to City approval, in writing, which approval shall not be unreasonably withheld. Further, City's consent hereunder may only be withheld based upon the same reasons the City would deny a liquor license application, namely the failure of the application's credibility and character to withstand an investigation by the City. ICHA shall submit the name of the assignee of any such proposed assignment to the City in writing via U.S. Mail "return receipt requested". Failure by City to notify ICHA of City's disapproval of said assignment in writing within fifteen (15) days of the City's receipt of said notice from ICHA shall constitute approval of said assignment by the City. 11. Agreement Term. This Agreement is contingent upon ISHA's construction of the project described in the Developer's Agreement. In the event that ISHA does not commence the project in accordance with the Developer's Agreement, this Agreement shall be deemed automatically terminated with no further force and effect. In the event that ISHA does commence the project in accordance with the Developer's Agreement, however, this Agreement shall have a term of years commencing as of the date written below, and terminating on a date ninety-nine (99) years thereafter. This Agreement shall not be terminated by either party, their successors or assigns during said ninety-nine (99) year term except upon sixty (60) days written notice to the other party, and only upon good and reasonable cause, and only after written notice of default and the passage of a period of sixty (60) days thereafter during which the defaulting party is given the opportunity to cure any default. It is expressly agreed that the City's sole remedy in the event of a default by ICHA shall be the cancellation of said Agreement and the right to maintain an action for money damages in the amount of parking fees incurred and payable based on actual parking ramp usage by Hotel patrons prior to the effect of such cancellation. DATED at Iowa City, Iowa, on the date given above. CITY OF IOWA CITY, IOWA By: Matthew J. H ek, Mayor ATTEST: By: 7 Martian K. Karr, City Clerk IOWA CITY HOTEL ASSOCIATES, L.L.C. ,a�L It CRY Attorney's Office // /,,�/s -5 - By: 9e<K-n-6igmar6, Manager By: gizorv, /..-- �- Bruce Kmseth, Manager rol STATE OF IOWA COUNTY OF JOHNSON On this %t%` day of November, 2015, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. KELLIE K. TUTTLE �° Ccr rs:!isn Nun, ber 221819 Co. miss n Expires Notary Public in and for the State of Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of November, 2015, before me a Notary Public in and for said County, personally appeared Michael E. Hodge, Kevin Digmann, John A. Hieronymus and Bruce Kinseth, to me personally known, who being duly sworn, did say that they are the managers, respectively, of the Iowa City Hotel Associates, an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company by authority of its members; and that Michael E. Hodge, Kevin Digmann, John Hieronymus and Bruce Kinseth as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. a. -e3c� 4,4a - �2" Ann. DENISE ROHM Notary Public in and for the State of Iowa Notarial Seal . Iowa A Commission No. 726698 My Commission Expires February 02.2016 -7 - EXHIBIT B REGISTERED HOTEL GUESTS The monthly fee for the parking permits allocated to ICHA by the City is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made multiplied by 80 parking permits. The monthly fee will cover the cost of 48,000 hours of parking per month for hotel patrons only. A. Annual Adjustment of Monthly Fees. Should the actual hours of parking utilized by hotel patrons exceed 576,000 hours per year (48,000 hrs/month X 12 months), ICHA will annually pay the City for any excess hours of parking, at the hourly rate in effect at the end of the annual 12 month period. B. Actual Hours of Hotel Patron Parking. The City agrees to provide ICHA with validated parking usage figures monthly and a final full year report within 45 days after the end of the hotel operation year determined by tracking the validated parking tickets received by the City. ICHA shall have the right to audit the hotel guest parking usage figures provided by the City. C. Computation Formulas: 1. Monthly fee: (80 parking spaces) X (monthly permit rate in effect at the time calculation is made) = monthly fee 2. Annual adjustment of monthly fees: a. (actual hours of validated parking) — (576, 000 hours) = excess hours of parking. b. If excess hours of parking is positive: (Excess hours of parking) X (Hourly rate in effect at end of year) _ Annual adjustment. D. Payment Due Date. ICHA agrees to pay the monthly fee by the 15`h of the each month and the annual adjustment within 45 days after the annual, 12 -month period. E. Contract Year. City and ICHA agree that "contract year" shall be consistent with the City's fiscal year, and shall as of July 1 immediately following the first full month of hotel operations, run from July 1, to June 30 of the following year, and that the contract year is one and the same as the `annual 12 -month period' referred to in this Exhibit `B". City shall not increase the monthly permit rate in effect under this Agreement more often than once every contract year. II. FACILITY, HOTEL, RESTAURANT EMPLOYEES -8 - Parking will be provided as available to the general public at the normal rates. Should any ICHA or Facility employee desire to obtain a monthly parking permit from the City, that individual must independently seek such a permit in accordance with its ordinances, rules and regulations. Prepared by and return to: Kirsten H. Frey, AT0002699, 920 S. Dubuque Street - P.O. Box 2000, Iowa City, 1A 52244-2000 (319) 351-8181 COLLATERAL ASSIGNMENT OF ACCESS EASEMENT and PARKING AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY HOTEL ASSOCIATES, L.L.C. This COLLATERAL4SSIGNMENT OF ACCESS EASEMENT and PARKING AGREEMENT, as of the I "day of November, 2015 by Iowa City Hotel Associates, L.L.C., an Iowa limited liability company ("Borrower"); to and for the benefit of West Bank, an Iowa banking corporation (hereinafter referred to as "Lender"); FOR VALUE RECEIVED, an inducement to execution of certain loan agreements from Lender to Borrower, and as additional security for the obligations of Borrower, its successors and assigns, to Lender, as described in that certain Promissory Notes of Borrower to Lenders in the face amounts of $20,480,000.00 and $5,960,000.00 dated the ZO mday of November, 2015, (as modified, amended, renewed, extended, restated or replaced from time to time), hereinafter the "Notes," it is hereby agreed as follows: 1. Borrower represents and warrants as follows: (i) it is a party to that certain Access Easement and Parking Agreement with the City of Iowa City, Iowa ("the City") dated the 10'h day of November 2015 (hereinafter the "Agreement") with respect to the parking necessary for the development of certain property, located at 328 South Clinton Street, Iowa City, Iowa, into a Hilton Garden Inn and Conference Center, a copy of which Agreement is attached hereto as Exhibit "A"; and (ii) that Borrower is the owner and beneficiary of the rights of the ICHA thereunder; (iii) that there exist no other agreements, amendments or understandings to which the Borrower is a party related to the Agreement; and 2 (iv) all actions, if any , on the part of the Borrower necessary to authorize the valid execution and delivery of the Agreement have been duly taken; and (v) Borrower has received no notice of any repudiation of the Agreement by any other party thereto; and (vi) Borrower will observe and perform all of the covenants and obligations to be observed and performed by ICHA under the Agreement; and (vii) the agreements of Borrower contained in the Agreement are valid, legally binding and enforceable, except to the extent that enforcement thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws now or hereafter in effect; and (viii) the Borrower has complied to the date hereof with all covenants on its part in the Agreement and no defense exists at the date hereof to the agreements with the City contained in the Agreement. A breach of any of the foregoing representations, warranties or covenants shall constitute an Event of Default under this Assignment. 2. The Borrower hereby agrees that it will no make or allow any amendment to the Agreement without the prior written consent of Lenders. 3. Borrower hereby transfers and conveys to Lender all of its right, title and interest in, to and under the Agreement as the same may be modified, amended, renewed, extended, restated or replaced from time to time, including, without limitation, all parking rights thereunder with respect to the Hilton Garden Inn Hotel and Conference Center Project. The foregoing assignment is intended to be and is an absolute, present assignment and not merely the passing of a security interest. 4. This Assignment shall be binding upon Borrower and its successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Note, provided, provided that if such term is not defined in the Note, such term shall have the meaning set forth in the Agreement. 5. Lender shall have the right at any time after a default under the Loan Agreement between the Borrowers and the Lender or a default by the Borrower under the Agreement, but shall have no obligation, to take, in its names or in the name of the Borrower or otherwise, such action as Lender may at any time or times determine to be necessary to cure any default under the Agreement to protect the rights of the Borrower or Lender thereunder. Lender and its stockholders, directors, officers, managers and employees shall incur no liability in the event that any action taken by it or its behalf in good faith pursuant to the foregoing sentences shall prove to be in whole or in part, inadequate or invalid, and the Borrow agrees to hold Lender and its stockholders, directors, officers, managers and employees harmless from and against any loss, cost (including but not limited to reasonable fees and disbursements of legal counsel) or other liability incurred in connection with any such action or actions. 6. The rights and remedies described herein are in addition to all rights and remedies of the Lender as described in the Loan Agreements (are related loan documents) and as provided at law and in equity. 7. The Borrower agrees that from and after a default under the Loan Agreement or a default by the Borrower under the Agreement and notice thereof to the Borrower and the City, the City is authorized to render performance under the Agreement to Lender, its successors and assigns, without further liability or obligation to the Borrower and that the Borrower irrevocably waives all claims against the City arising from the succession of Lender to the rights and benefits of the Borrower under this Agreement. 8. This Assignment may be executed in multiple counterparts, each of which will be deemed originals. IOWA CITY HOTEL ASSOCIATES, L.L.C. By: Jd�n A. Hieronymus, 7 By: Bruce Kinseth, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this q 7�1 day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said Michael E. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. DENISE ROHM ` Notarial Seal - Iowa /� L Commission No. 726698 My Commission Expires February02, 2016 Ndrary Pubri—cm and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Kevin Digmann, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said Kevin Digmann acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. `,pA4 ` DENISE ROHM Notarial Seal - Iowa " Commission No. 72669804 . J� My Commission Expires February 02, 2016 Notary Public in anor the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John A. Hieronymus, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said John A. Hieronymus acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. 0 06—�� o ary Public in and for the State of Iowa DENISE ROHM o�` Notarial Seal - Iowa Jam, Commission No. 726698 • �D"" My Commission Expires February 02, 2016 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this — --r' day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce Kinseth, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said Bruce Kinseth acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. A n^A.- Y�.IJ I VW ' DENISE ROHM No ' ublic in and for the State of Iowa a X le Notarial Seal • Iowa W- Commission No. 726698 �O"� My Commission Expires February 02, 2016 Consent to Collateral Assignment The undersigned, City of Iowa City, Iowa, is signatory to that certain Parking Agreement with Iowa City Hotel Associates, L.L.C., dated as of the 10th day of November, 2015 with respect to the skywalk/walkway and parking available to the Hilton Garden Inn Hotel and Conference Center, located at 328 South Clinton Street in Iowa City, Iowa. The undersigned hereby acknowledges and consents to Iowa City Hotel Associates, L.L.C.'s pledge and assignment of all of its right title, and interest in to and under (but not its obligations, liabilities or duties with respect to) the Parking Agreement to and for the benefit of West Bank, (hereinafter referred to as "Lender") as lenders to Developer in regard to the Project described in the Parking Agreement. Upon any Event of Default under the Parking Agreement, the undersigned agrees to provide Lender the same notice and opportunity to cure as provided to Developer under Section 10.2 of the Agreement, with any such notice to be sent to: West Bank c/o Tom Cilek, 401 10th Avenue, Coralville, Iowa 52241. In WITNESS WHEREOF, the undersigned has caused this Consent to be duly authorized and executed as of the 10th day of November 2015. Apprmd By CNt o� 1�dC�GT�1�- City Attorneys Office 4098(64)/2015-11-09 Collateral Assignment of Parking Agreement CITY OF IOWA CITY By: A Matthew J. Ha—yek—,Mayor Attest: By: Manan K. Karr, City Clerk CONSENT TO TERMINATION OF ACCESS EASEMENT AND PARKING AGREEMENT COME NOW, the undersigned, and hereby consent to the termination of that certain Access Easement and Parking Agreement entered into on October 3, 2007 and recorded in Book 4222, Page 947, Records of Johnson County, Iowa, by and between Iowa City Hotel Associates and the City of Iowa City. The undersigned affirmatively acknowledge that the mixed-use facility contemplated by the Developer's Agreement that was the basis of the Access Easement and Parking Agreement referenced above has not been constructed. Therefore, the termination of said Agreement is appropriate at this time. DATED this "/ 1k) day of November, 2015. HIERONYMUS SQUARE ASSOCIATES, AN IOWA JOINT VENTURE ALFREDA INVESTMENTS, L.L.C. i By: J hn A. Hieronymus, Manger HSI, L.L.C. By: Michael E. Hod*, Manager 4098(64)/2015-11-09 Consent to Termination of Access Easement and Parking Agreement ACCESS EASEMENT AND PARKING AGREEMENT by and between CITY OF IOWA CITY — IOWA CITY HOTEL ASSOCIATES, L.L.C. This Agreement is entered into this day of , 2015 bet"en the City of Iowa City, Iowa, a municipal corporatiohereinafter referred to as "City", �nd Iowa City Hotel Associates, L.L.C., a limited liability orporation organized under the laws of the State of Iowa, hereinafter referred to as "ICHA". WHEREAS, ICHA is planning o construct a Hilton Gard n Inn Hotel, Conference Center and Rooftop Venue at 328 S. Clint Street, legally describe as: The South 36 feet of Lot 6 and the orth 44 feet of Loth, in Block 102 of the Original Town of Iowa City, Iowa, According to the r corded plat thereof, which facility shall consist of a twelve (12) kory hotel wXfh approximately one hundred forty (140) rooms, conference space and a rooftop pa io, hereinq&er referred to as the "Facility"; and WHEREAS, the City and ICHA entered to Agreement for Private Redevelopment of said property on March 23, 2015, hereinafter refe'r-ri-end to as the "Developer's Agreement", which details certain minimum improvements ICHAst make in constructing and operating the Facility; and WHEREAS, City is the owner of the,,,Cffoun4 Transportation Center and parking ramp located at Court and Dubuque Streets in Iowa ity, Johnson County, Iowa; legally described as: Original Town of Iowa City ots 1, 2, 3, & 4, excluding the N 37' of E 55' of Lot 1, block 102, (hereinafter the "Ground Transp rtation Center"); and WHEREAS, the F patrons; and , WHEREAS, availability, which al NOW' the receipt and requires the availability o� off-street parking for the use of its City and ICHA have reached -nt the parties wish to reduce to v RE, in light of the good and valuable of which is hereby acknowledged, the agreement concerning parking exchanged herein, agree as follows: 1. Access Easement and Skvwalk/Walkway. The parties agree that, in the event that ICHA constructs the project contemplated by the Developer's Agreement, ICHA and its suc- -2- cessors, transferees, heirs, and assigns shall have the the ICHA hotel to the Ground Transportation Center in the location shown on the attached Exhibit A to _S ta skywalk/walkway from urt A CoStr et Transportation Center) ►orated herei by this reference. The parties further agree that ICHA and its successo s, transferees, heirs d assigns shall have a pedestrian access easement for the purposes of onnecting to and in ess and egress over and across the Ground Transportation Center t ough said skywal walkway. The parties acknowledge that, at a minimum, said skywalk/ alkway shall provi access to the ICHA hotel and the Ground Transportation Center at the s cond level of the Gr and Transportation Center. The City shall neither be obligated to nor resp nsible for the construction and/or maintenance of said skywalk, which shall be solely the respo sibility of ICHA, i s successors, transferees, heirs and assigns. 2. Non -Interference With Acces use as the owner of the Hilton Garden Inn access purposes. Neither the City nor its ag any vehicles, or any other obstruction in sa interrupted use of said easement areas by I1 during the performance of periodic mainten maintenance and repair shall be performed access rights as is reasonably possible. City notice of said maintenance and repair. 3. Costs of Construction. The the costs of construction of the pedestriar changes to the Ground Transportation Ce# The easemenolereby created shall be for ICHA's ►tel and for 'ts heirs, successors, and assigns for ts, represe atives or assigns shall so use or leave easemen areas so as to prevent the free and un - [A an its heirs, successors, and assigns, except ;e an repair as the City deems necessary, which qui ly and with as little disturbance to ICHA's p grees to provide ICHA with reasonable written agree that ICHA shall be responsible for all of easement and the skywalk/walkway and any ;sitated hereby. 4. Plan Approval. All �constructiokplans for the easement area and the skywalk/walkway must be reviewed,6n. approved k the City of Iowa City, or its designee, and the access easement area located w' in the Ground ransportation Center must be in compliance with applicable federal, state, an local codes ando dinances, including but not limited to the Americans with Disabilities Act 5. Loss of ParkirA S aces. In the event tha the construction of the access easement area and skywalk/walkway esults in the loss or destruc 'on of any usable and Iowa City Code - compliant parking spaces ithin the Ground Transportat on Center, ICHA will reimburse City monthly for the loss or estruction of those spaces at the then -applicable monthly permit rate. Said obligation to reim urse City for the loss or destructioof parking spaces shall commence upon the initiation of construction of the access easement ea and the skywalk/walkway and continue for so long s the access easement area is in use by CHA, its successors -in -interest, or assigns or until sai lost or destroyed parking spaces are rep ced by ICHA within the Ground Transportation Ce ter, whichever occurs sooner. 6, es onsibilit for O eration and Maintenance. I HA shall be solely responsible for the costs o construction, maintenance and operation of the s alk/walkway, including but not limited to a costs associated with any power source or ongoinmaintenance thereof. ICHA shall be responsible for the cost of any repairs to the ease ent area, or the Ground -3 - Transportation Center generally necessitated by its or its agents, assigrts, successors or transferees in interest's negligent use or misuse. / \, 7. Parking Permit Allocation. The City agrees to allocate to CHA and the Facility for the use of its hotel patrons (but not its employees) 80 parking pe its, fpr vehicles with a maximum clearance of 7 feet, in the City -owned and operated Gr nd Transportation Center located in Iowa City, Iowa, to be paid at ICHA's cost in accord ce with %Exhibit B, attached hereto and incorporated herein by this reference. This allocation rely entitles hotel patrons the opportunity to seek parking in the Ground Transportation Cente at ICHA's expense. The City makes no representations about the availability of parking spa s for y hotel patrons. ICHA acknowledges that there will be no individual spaces signed or or o e7 a r estricted tothe exclusive use by hotel patrons. Additional parking may be p ovided, if availabe, to registered hotel guests in any of the City -owned parking ramps, inclu ng, but, not limited to, the Capitol Street Parking Ramp, the Ground Transportation Center d/or the Tower Place and Parking Ramp. . Parking may be provided to other users of said Fa ility, Iuch as meeting attendees and rooftop venue patrons, who shall not be deemed to be be efici 14es of this Agreement, in any City -owned parking ramp during scheduled operating h urs , of the parking ramps on an as available basis and at the same rates as the general public. In the event City no longer owns or uses any noted herein, namely the Capitol Street Parking Ramp, the Tower Place and Parking Ramp, the City agrees purchase in accordance with Exhibit B at a location t is in as close proximity to the multi -use structure s substitute parking permit allocation shall be prov'ded operation of the above-named parking ramps r oth foregoing, in the event City transfers ownershi of the ramps, said transfer shall be subject to the ansferee Agreement. 8. Parking Validation. The Vity and ICHA that parking ramp tickets for/te s can be validat ramp ticket indebtedness upany of the City -o` develop appropriate securitto prevent unautr system, including use by ICcility employees. T ICHA and the Facility shall the purchase of 57 subsidized rate set forth in ECHA shall pay for allocated permits at the regulates and at such tin f king ramp and/or the parking ramps Ground Transportation Center and/or allocate parking permits to ICHA for institutes a reasonable alternative, and isonably possible and practical. Said ICHA no later than the cessation of parking ramp. Notwithstanding the )ve-named ramps or any other parking 3suming City's obligations under this -ee to develop a validation system so by ICHA and used to satisfy parking ied parking ramps. ICHA agrees to rized use of the parking validation allocation of 80 parking permits to 000 hours of parking per year at the ry hours of parking in excess of these ;s as set forth in Exhibit B. 9. Ramp O e tion. The City shall be respons le for maintaining ramp operations. It is agreed that by m/all g this Agreement, the City is neith expanding nor limiting its liability to ICHA or its guesd patrons in connection with the peration of the parking ramp, but rather such liability se the same as to any other person entity using the parking ramp. -4- 10. Ownership of the Hotel. City and ICHA agree that any assignment of this Parking Agreement by ICHA will be subject to City approval, in writing, which approval shall not be unreasonably withheld. Further, City's consent hereunder may only be eld based upon the same reasons the City would deny a liquor license applic/b,C e fa ure of the application's credibility and character to withstand an investigaity. CHA shall submit the name of the assignee of any such proposed assignmenw ' ing via U.S. Mail "return receipt requested". Failure by City to notify ICHAsap rovalof said assignment in writing within fifteen (15) days of the City's recot' e from ICHA shall constitute approval of said assignment by the City. 11. Agreement Term. This Agreement is contingen upon ISHA's construction of the project described in the Developer's Agreement. In the even that ISHA %s not commence the project in accordance with the Developer's AgreemenV this Agree nt shall be deemed automatically terminated with no further force and effect. the event th9d ISHA does commence the project in accordance with the Developer's Agre term of years commencing as of the date written b (99) years thereafter. This Agreement shall not be t assigns during said ninety-nine (99) year term exce other party, and only upon good and reasonable and the passage of a period of sixty (60) days e given the opportunity to cure any default. It is xI the event of a default by ICHA shall be the anc maintain an action for money damages in the our on actual parking ramp usage by Hotel patron prior DATED at Iowa City, Iowa, on the date gi CITY OF IOWA CITY, IOWA LIM Matthew J. Hayek, ATTEST: By: Marian K. IOWA CITY FJ)9 By: City Clerk ASSOCIATES, L.L.C. Michael E. Hodge, Manager i, however, t 's Agreement shall have a > , and termi ting on a date ninety-nine ninated by e' er party, their successors or upon sixty 60) days written notice to the e, and o y after written notice of default rfter d 'ng which the defaulting party is ssly greed that the City's sole remedy in ati of said Agreement and the right to > parking fees incurred and payable based the effect of such cancellation. 4` " 1-- Oty Attorney's Of //A //s Kevin Vigmann, Manager LO John -5 - LIM W STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of November, 2015, before me a Notary Public in and for said County, personally appeared Matthew J. HayeKsealed K. Karr, to me personally known, who being duly sworn, did say that they are and City Clerk, r spectively of the City of Iowa City, Iowa, a Municipal Corporationexisting under t e laws of the State of Iowa, and that the seal affixed to the foregoint is the seal of aid Municipal Corporation, and that said instrument was signed on behalf of aid Municipal Corporation by authority and resolution of its Cityd said May and City Clerk acknowledged said instrument to be the free act andid Municip Corporation by it voluntarily executed. STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of November said County, personally appear/chaeel E. Ho ; Bruce Kinseth, to me personn, w f managers, respectively, of they tel Aexecuting the within and foregou ent towprocured by said limited liabiany by alHodge, Kevin Digmann, Johnmus andexecution of the foregoing inso be thecompany, by it and by them voexecuted. otary Public rand for the State of Iowa 15, before me a Notary Public in and for C-evin Digmann, John A. Hieronymus and duly sworn, did say that they are the ;iates, an Iowa limited liability company, this is attached, and that no seal has been ty of its members; and that Michael E. Kinseth as officers acknowledged the i ary act and deed of the limited liability Notakv Public in and for the State of Iowa ZTcl — — CUNITON St*RE r + a . + + r r •• + + + + ' 1 . { tl f 8lYFK, jt n !• �AVW3a aL CD OD C Z S� ..r ti'_. i • it lJ v ..'l ,i'• , i•b r O Z 4 f r y�� � ��� � � � p JaM 1 k *✓ �� In PPP QI/51g ' r a m 2 i O tir � h J A I Irw -! \ AUL it j �y�q ,r, t i ` L.: T�'.�.. •. i ll � `r\I f'. , •`I � •'�"^ 1 i JYA'v!i �r�•, e^y,..�•?.r!r ca•,. r ✓ }i i a,v. kel COURT STREET TRANSPORTATION CENTER PARKING RAMP EXHIBIT B I. REGISTERED HOTEL GUESTS The monthly fee for the parking permits allocated to ICHA by the City is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made multiplied by 80 parking permits. The monthly fee will cover the cost of 48,000 hours of parking per month for hotel patrons only. A. Annual Adjustment of Monthly Fees. Should the actual hour of parking utilized by hotel patrons exceed 576,000 hours per year (48,000 hrs/month X 12 months), ICHA will annually pay the City for any excess hours of parking, at the hourly rate in ffect at the end of the annual 12 month period. B. Actual Hours of Hotel Patron Parkins. The City agr es to provide ICHA with validated parking usage figures monthly and a final full year report ithin 45 days after the end of the hotel operation year determined by tracking the validated p king tickets received by the City. ICHA shall have the right to audit the hotel guest parkin sage figures provided by the City. D. PaM month and the annual F Monthly e: (80 park' g spaces) X is made) J= monthly fee Annual idiustment of monthly fees: rate in effect at the time calculation a. ac/djustment. vali ated parking) — (576, 000 hours) = excess o. b. If eof parkin is positive: (Exf parking X (Hourly rate in effect at end of year) _ Anent.it Due Datrees to pay e monthly fee by the 15`" of the each adjustme within 45 days after the ual, 12 -month period. E. Contract YeaV City and ICHA agree that "c the City's fiscal year, and s all as of July 1 immediately f operations, run from July , to June 30 of the following y and the same as the `annual 12 -month period' referred to increase the monthly permit rate in effect under this Agr contract year. II. FACILITY, HOTEL, RESTAURANT EMPLOYEES tract year" shall be consistent with )wing the first full month of hotel , and that the contract year is one this Exhibit `B". City shall not r nt more often than once every Parking will be provided as available to the general public at the normal rates. Should any ICHA or Facility employee desire to obtain a monthly parking permit from the City, that individual must independently seek such a permit in accordance with its ordinances, rules and regulations. Prepared by and return to: Kirsten H. Frey, AT0002699, 920 S. Dubuque Street - P.O. Box 2000, Iowaity, IA 52244-2000 (319) 351-8181 COLLATERAL ASSIGNMENT OF AN AC PARKING AGREEM BY AND BETWEE CITY OF IOWA CITY AND IOWA CITY H This COLLATERAL ASSIGNMENT OF AN PARKING AGREEMENT, as of the day of No Associates, L.L.C., an Iowa limited liability company (" West Bank, an Iowa banking corporation (hereinafter re FOR VALUE RECEIVED, an inducement to ext Lender to Borrower, and as additional security for the obli assigns, to Lender, as described in that certain Promissory face amount of $ dated the d amended, renewed, extended, restated or replaced from is hereby agreed as follows: 1. Borrower represents and warrants as EASEMENT ASSOCIA ESS EASEM T AND ;r, 2015 by wa City Hotel wer"); to d for the benefit of to as " nder"): n,,df certain loan agreements from s of Borrower, its successors and s of Borrower to Lenders in the 'November 2015, (as modified, time), hereinafter the "Notes," it (i) it is a party to that c Flain Parking A ement with the City of Iowa City, Iowa (" e City") dated the 10`x' day of November 2015 (hereinafte the "Agreement") wi th respect to the parking necessary for t e development of certa in property, located at 328 South C 'nton Street, Iowa City, I wa, into a Hilton Garden Inn and C ference Center, a copy of hich Agreement is attached ereto as Exhibit "A"; and (ii) that orrower is the owner and benefi iary of the rights of the IC A thereunder; (iii) ffiat there exist no other agreements, amendments or understandings to which the Borrower is a party related to the Agreement; and 2 (iv) all actions, if any, on the part of the Borrower necessary to authorize the valid execution and delivery of the Agreement have been duly taken; and (v) Borrower has received no notice of any repudiation of the Agreement by any other party thereto; and (vi) Borrower will observe and perform all of the covenants Od obligations to be observed and performed by ICHA and the Agreement; and (vii) the agreements of Borrower contained in the Agre ent are valid, legally binding and enforceable, except to th extent that enforcement thereof may be limited by any appli ble bankruptcy, insolvency, reorganization, morato um or similar laws now or hereafter in effect; and (viii) the Borrower on its part in hereof to the Agreement. A breach of any of the foregoing an Event of Default under this A 2. The Borrower hereby agres that it will Agreement without the prior writte consent of Le 3. Borrower hereby transf rs and convey and under the Agreement as the s e may be c replaced from time to time, including, without im respect to the Hilton Garden Inn Hotel and nfei assignment is intended to be and is an abso te, pr a security interest. rd to the date her f with all covenants mt and no defe se exists at the date with the City ontained in the or covenants shall constitute or allow any amendment to the Lender all of its right, title and interest in, to d,amended, renewed, extended, restated or on, all parking rights thereunder with Center Project. The foregoing .n assignment and not merely the passing of 4. This Assignment shall be b' ding upon Borro shall inure to the benefit of Lender d its successors an otherwise defined herein shall havi he same meaning as provided that if such term is not fined in the Note, such in the Agreement. 5. Lender shall havg4he right at any time after a d between the Borrowers pid the Lender or a default by the shall have no obligation, to take, in its names or in the name action as Lender may at any time or times determine to be ni and its successors and assigns and signs. Capitalized terms not forth in the Note, provided, m shall have the meaning set forth I under the Loan Agreement ewer under the Agreement, but the Borrower or otherwise, such �sary to cure any default under 3 the Agreement to protect the rights of the Borrower or Lender thereunder. Lender and its stockholders, directors, officers, managers and employees shall incur no liability in the event that any action taken by it or its behalf in good faith pursuant to the foregoing sentences shall prove to be in whole or in part, inadequate or invalid, and the Borrow agrees to hold Lender and its stockholders, directors, officers, managers and employees harmless from and against any loss, cost (including but not limited to reasonable fees and disbursements of legal counsel) or other liability incurred in connection with any such action or actions. 6. The rights and remedies described herein are in additi,96 to all rights and remedies of the Lender as described in the Loan Agreements (are related to documents) and as provided at law and in equity. 7. The Borrower agrees that from and after a def default by the Borrower under the Agreement and notice the City is authorized to render performance under the A assigns, without further liability or obligation to the Borr waives all claims against the City arising from the succe: of the Borrower under this Agreement. 8. This Assignment may be executed in multiple deemed originals. IOWA CITY LI -M under the Loan Agreent or a -eof to the Borrower the City, ment to Lender, its ccessors and r and that the Borrower irrevocably i of Lender to tlWrights and benefits each of which will be ASSOCIATES, L.L.C. Manager Kevin Digmand, Manager By: John A. Hieronymus, Manager By: Bruce Kinseth, n STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability company; and t said instrument was signed on behalf of said limited liability company by authority o ' s M agers and the said Michael E. Hodge acknowledged the execution of said ins ent to bet e voluntary act and deed of said limited liability company by it and by him vo ntarily exec ed. STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of November and for the State of Iowa, personally appe� being by me duly sworn did say that he is no seal has been procured by the said limi signed on behalf of said limited liabilityCA Kevin Digmann acknowledged the execut of said limited liability company by it and STATE OF IOWA JOHNSON COUNTY) On this and for the State of Ioi who being by me duly that no seal has been signed on behalf of i A. Hieronymus ac of of said limited li ilitti ss; Notav( Public in and for rhe State of Iowa fl before me, t1X undersigned, a Notary Public in ed Kevin Diann, to me personally known, who Manager of owa City Hotel Associates, L.L.C.; that d liabVbauthority mpany; and that said instrument was apany of its Managers and the said n of strument to be the voluntary act and deed voluntarily executed. Notary Public in and for the State of Iowa V,ersonally f November 2015 be rE appeared John did say that he is a M . ocured by the said limited lial I limited liability company by ledged the execution of said i company by it and by him vol me, the undersigned, a Notary Public in Hieronymus, to me personally known, Lger of Iowa City Hotel Associates, L.L.C.; ity company; and that said instrument was i ority of its Managers and the said John �s ent to be the voluntary act and deed int -lv executed. Notary Public in and for the State of Iowa 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of November 2015 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce Kinseth, to me personally known, who being by me duly sworn did say that he is a Manager of Iowa City Hotel Associates, L.L.C.; that no seal has been procured by the said limited liability co pan , and that said instrument was signed on behalf of said limited liability company by authorn of its Managers and the said Bruce Kinseth acknowledged the execution of said instrum t to be the voluntary act and deed of said limited liability company by it and by him voluntarily xecuted. Notary Publi� in and for the State of Iowa G Consent to Collateral Assignment The undersigned, City of Iowa City, Iowa, is signatory to that certain Access Easement and Parking Agreement by and between Iowa City Hotel Associates, L.L.C., dated as of the 10th day of November, 2015 with respect to the skywalk/walkway and parking available to the Hilton Garden Inn Hotel and Conference Center, to be located at 328 South Clinton Street in Iowa City, Iowa. The undersigned hereby acknowledges and conseng to Iowa City Hotel Associates, L.L.C.'s pledge and assignment of all of its right title, interest in to and under (but not its obligations, liabilities or duties with respect to) the Ac _ss Easement and Parking Agreement to and for the benefit of West Bank, (hereinafter referre to as "Lender") as lenders toD veloper in regard to the Project described in said Agreement. Upon any Event of Default under the Acces Easement and Parking Agr ement, the undersigned agrees to provide Lender the same not ce and opportunity to cure s provided to Developer under Section 10.2 of the Agreement, w th any such notice to be ent to: West Bank c/o Tom Cilek, 401 10'` Avenue, Coralville, Iowa 2241. In WITNESS WHEREOF, the authorized and executed as of the Apprwd By Glt C4 City Attorney's Office q `�, ►5 idersignel has caused this onsent to be duly day of N ember 2015 LO -A Attest: OF IOWA CITY Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-356 RESOLUTION SETTING PUBLIC HEARING FOR DECEMBER 15, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1316 MUSCATINE AVENUE. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1316 Muscatine Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 1316 Muscatine Avenue for the principal sum of $155,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1316 Muscatine Avenue, Iowa City, Iowa, also known as part of Lot 1 in WC Motts Subdivision of Blocks 5 and 7 in Clark & Borlands Addition, Iowa City, Iowa, for the sum of $155,000. 2. A public hearing on said proposal should be and is hereby set for December 15, 2015, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: Resolution No. 15-356 Page 2 AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 10th day of November , 2015. ATTEST: CITY CLERK Approved by Qar� 1 o -y 3 ca - ( S - City Attorney's Office Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-357 RESOLUTION OF INTENT TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CASL HOLDINGS, LLC, FOR TRANSFER AND DEVELOPMENT OF CITY -OWNED PROPERTY AT THE CORNER OF COURT AND LINN STREETS AND THE DEVELOPMENT THEREOF, AND SETTING A PUBLIC HEARING AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, on July 27, 2015 pursuant to Resolution No. 15-250 the City entered into a Development Agreement with CASL Holdings, LLC (hereinafter CASL Holdings) for the sale of city property at the corner of Court and Linn Streets and development thereon of a mixed-use project consisting of 2 buildings housing a hotel, office space, retail and apartments with a construction cost of approximately $74 million. WHEREAS, CASL Holdings LLC has asked the City for an extension of the dates for closing, start of construction and final completion to allow it additional time to get its budget and financing in place as set forth in the First Amendment to Agreement for Private Redevelopment attached hereto; and, WHEREAS, CASL Holdings has been working closely with the City as the project progresses and city staff recommends that the requested extensions be approved by Council; and, WHEREAS, neither the Urban Renewal Law nor any other Code provision sets forth any procedural action required to be taken before said proposed Amendment No. 1 is approved, and pursuant to Section 364.6 of the City Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the City Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE STATE OF IOWA: 1. The City Council does hereby declare its intent to consider the proposed Amendment No. 1 to the Agreement for Private Redevelopment with CASL Holdings, LLC, which agreement includes the conveyance of Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street right-of-way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa. 2. A public hearing on said proposal should be and is hereby set for December 15, 2015 at 7:00 P.M. in Emma J. Harvat Hall at City Hall, 410 E. Washington Street, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Resolution No. 15-357 Page 2 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting. Passed and approved this 10thday of November , 2015 . roved by .1 ATTEST: City Attorneys Office 2 ) _ �tti✓ CITY LERK Resolution No. 15-357 )Page 3 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (this "First Amendment") is made as of December 2015 ("First Amendment Effective Date"), by and between THE CITY OF IOWA CITY, IOWA, a municipality ("City"), and CASL HOLDINGS, LLC, a Delaware limited liability company ("Redeveloper"). RECITALS WHEREAS, City and Redeveloper are parties to that certain Agreement For Private Redevelopment dated effective as of July 27, 2015 (the "Agreement") in connection with the sale to and redevelopment by Redeveloper of the property generally located on the half block bounded by Court Street on the North, Linn Street on the East, Harrison Street (vacated) on the South and a North/South alley on the West in Iowa City, Iowa, legally described on Exhibit A attached hereto (the "Redevelopment Property"); and WHEREAS, the parties desire and agree to amend the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 2. Extension of Dates. The following time frames and/or dates set forth in the Agreement are hereby extended as follows: (a) Closing Date. The closing for the sale by the City and purchase by the Redeveloper of the Redevelopment Property which is currently identified as October 1, 2015 and has been extended by agreement to November 16, 2015 is hereby amended to be March 31, 2016 for all purposes of the Agreement including, without limitation, Section 3(h) of the Agreement. (b) Submission of Initial Construction Plans. The time within which Redeveloper shall submit its initial Construction Plans to the City pursuant to the Agreement including, without limitation, Section 4(a) of the Agreement are hereby amended to be as follows: (1) 90 calendar days after the First Amendment Effective Date for site preparation and foundation work; (2) 120 calendar days after the First Amendment Effective Date for structural and shell; and (3) 180 calendar days after the First Amendment Effective Date for the final full building permit drawings. (c) Construction Commencement Date. The date for Redeveloper to commence construction of the Project and the Minimum Improvements which is currently identified as November 1, 2015 is hereby amended to be June 1, 2016 for all purposes of the Agreement including, without limitation, Section 5 of the Agreement. (d) Completion of Minimum Improvements and Receipt of Certificate of Compliance. The date for Redeveloper to complete construction of the Project and the Minimum Improvements which is currently identified as August 31, 2018 (and as mistakenly identified as December 31, 2017 in Exhibit E) is hereby amended to be August 31, 2019 for all purposes of the Agreement including, without limitation, Section 3(a), Section 3(b) and Section 5 of the Agreement and Exhibits E and F of the Agreement. (e) Minimum Actual Value. The commencement date for the application of the Minimum Actual Value which is currently identified as January 1, 2019 is hereby amended to be January 1, 2020, and the termination date of the application of the Minimum Actual Value and the Minimum Assessment Agreement which is currently identified to be December 31, 2022 is hereby amended to be December 31, 2023, in each case, for all purposes of the Agreement including, without limitation, as applicable, Section 7(c), Section 7(d), Section 7(e) and Section 402 of the Agreement and Exhibit E and Exhibit J of the Agreement. (f) Office Component Leasing Efforts. The period during which Redeveloper is required to use commercially reasonable efforts to obtain tenants for the office space included in the Minimum Improvements in accordance with Section 404 of the Agreement is hereby amended to be fourteen (14) months from the First Amendment Effective Date. 3. Extensions. None of the foregoing amendments to the dates set forth in the Agreement shall be construed to limit or preclude any other extensions of such dates contemplated or permitted pursuant to the terms of the Agreement. 4. Miscellaneous. (a) Except as hereinabove modified and amended, the Agreement shall remain in full force and effect in accordance with its terms and is hereby ratified and confirmed. (b) This First Amendment supersedes any prior representations, offers, negotiations or understandings between the parties with respect to the subject matter hereof. (c) This First Amendment may be signed by the Parties in counterpart and shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts shall be deemed to be authentic and valid as an original of this First Amendment. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.] 51611405 IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the First Amendment Effective Date set forth above. WIM CITY OF IOWA CITY, IOWA, a municipality II Matthew J. Hayek, Mayor mntATTEST: Marian K. Karr, City Clerk STATE OF IOWA COUNTY OF JOHNSON On this day of December, 2015, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolutions 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 First Amendment to Agreement for Private Redevelopment — Signature Page 51611405 REDEVELOPER: CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Living Operating Company, LLC, a Delaware limited liability company, its sole member By: _ Name: Its: STATE OF ILLINOIS COUNTY OF COOK This instrument was acknowledged before me on this day of December, 2015 by Thomas M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as the sole member of CASL Holdings, LLC. Notary Public in and for the State of Illinois First Amendment to Agreement for Private Redevelopment — Signature Page 51611405 EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street right-of-way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa. 51611405 Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-358 RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 15, 2015, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH THE IOWA CITY AREA DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. WHEREAS, the City owns commercial space within the Iowa City Public Library suitable for leasing out; and WHEREAS, the Iowa City Area Development Group (ICAD) is in need of office space for their work in economic development; and WHEREAS, ICAD, through this lease, will combine the ground floor space with the basement space presently leased to the University of Iowa for its use, for its use in economic development, as well as collaborating with the Library, the City's economic development staff, and the University of Iowa, in mentoring and fostering local entrepreneurial efforts; and WHEREAS, staff has negotiated a lease with ICAD, who will sublet a portion of the space to the University of Iowa, for a term of four years; and WHEREAS, a lease of this period of time requires the holding of a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City does hereby declare its intent to enter into the above -referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for December 15, 2015 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 10th day of November , 2015. MAYOR hl. / Approved by ATTEST:' CITY ERK City Attorney's Office Resolution No. 15-358 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r •�,,® CITY OF IOWA CITY 4e(7) MEMORANDUM Date: November 4, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: 136 S Dubuque Street Lease At the October 20th City Council meeting, a temporary lease with ICAD was approved for the first floor of the library commercial space at 136 S Dubuque on the Pedestrian Mall. Staff noted that the lease, which was approved through the end of 2015, was temporary but that a permanent lease would follow that would include the first floor space plus the basement space that is currently leased by the University of Iowa through the end of 2015. Since that time, the University has requested to extend their basement lease two additional months to provide adequate time for them to relocate to their new office space. In order to accommodate this request there are three steps that need to take place. 1. The City Manager has the authority to extend the basement lease to the University of Iowa through February of 2016. 1 recommend that you extend such lease with the existing rental terms remaining in effect for the two additional months. 2. The temporary lease with ICAD for the first floor space needs to be extended through February of 2016 to match the new expiring term of the University of Iowa lease. This will run through the City Council as the City Manager serves on the ICAD Board. 3. The permanent lease with ICAD for both the first floor and the basement space needs to be executed by the City Council with an effective date of March 1, 2016. This item requires a public hearing as the proposed lease is for four years. The City Council has previously heard from officials with ICAD and the University of Iowa regarding the MERGE concept for the library commercial space. The permanent lease facilitates this arrangement and requires ICAD to pay full property taxes on the space. Rent will be discounted to $2,000 per month for the first two years and $2,500 a month for the final two years of the agreement. The City also retains rights to have economic development staff work in the new offices and the lease requires joint programming with the Iowa City Public Library a minimum of four times per year. As previously articulated to the City Council, I believe this partnership will have profound impacts on our community. It will greatly elevate the profile of our commitment to the entrepreneurial community and help create and retain new businesses for the Eastern Iowa region. As the space evolves, it can become a hub for other community-based operations such as the Iowa City Downtown District and the Convention and Visitors Bureau. Ultimately, the vision for MERGE is to promote a new level of collaboration between these agencies, the university and private businesses. I am recommending that the City Council authorize the temporary lease extension and the permanent lease with ICAD. Prepared by: Sara F.G. Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESO. NO. 15-359 RESOLUTION 1) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED BY HSI, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HSI, L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. WHEREAS, the City Council of Iowa City, Iowa, has heretofore adopted and amended the City - University Project I Urban Renewal Plan (the "Plan") for the Urban Renewal Project Area described therein (the "Project Area"); and WHEREAS, such Plan, as amended, provides for the disposition of properties, among other things, for the purpose of improvement and sale of publicly -owned property for private redevelopment as a proposed renewal action; and WHEREAS, HSI, L.L.C., an Iowa limited liability company, has submitted to the City an offer for the acquisition of certain property located within the Project Area (the "Property") for redevelopment; and WHEREAS, in order to establish reasonably competitive bidding procedures for the disposition of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, particularly Section 403.8 (2015), and to assure that the City extends a full and fair opportunity to all potential redevelopers interested in submitting a proposal, the City has established Competitive Criteria for the Property offering, as set forth herein; and WHEREAS, HSI, L.L.C. has executed and tendered to the City a purchase agreement titled "Purchase Agreement by and between the City of Iowa City and HSI, L.L.C.", attached hereto as Exhibit B, contingent upon the execution of a Developer's Agreement for the redevelopment of the subject property and the adjacent "Mod Pod" property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The following described property, subject to survey prior to conveyance, shall be offered for disposition for redevelopment in accordance with this Resolution and the Plan, as amended: The N 60' of Lot 1, Block 102, Original Town, Iowa City, Iowa, except the N 37' of the E 55' of Lot 1. 2. It is hereby determined that the disposition price of the Property, for outright purchase of the same, shall not be less than its fair market value for use in accordance with the Plan. This Council has previously retained a qualified independent appraisal firm to determine the fair market value of the Property. If any additional work needs to be performed to finalize such value, the City Manager is directed to obtain such final appraisal or review appraisal. 3. It is hereby determined that in order to qualify for consideration for selection, each Redeveloper must submit a proposal that conforms with the following Competitive Criteria: a. Include and provide for the purchase of the Property at not less than the amount of the fair value thereof for use in accordance with the Plan; b. Include a statement of intent to enter into an Developer's Agreement for the redevelopment of the Property and the property locally known as 301 S. Dubuque Street, Iowa City, Iowa, (the N 37' of the E 55' of Lot 1, Block 102, Original Town, Iowa City) as a cohesive project in conformance with the Plan; c. Include a written commitment for permanent financing or provide through other means acceptable to the City similar demonstrative evidence of the financial capacity of the redeveloper to timely commence and complete the proposed redevelopment activities; d. Set forth the nature and extent of the experience in carrying out projects of similar scale and character had by the principals and key staff who will be directly engaged in the performance of the contract. 4. Each proposal submitted that satisfies the Competitive Criteria established herein, as determined by the City, shall be reviewed on the basis of the strength of such proposal. 5. The proposed Purchase Agreement (Exhibit B) be and the same is hereby approved as to form for the purpose of defining an acceptable offering of the Property for redevelopment and shall be deemed illustrative of the minimum proposal acceptable to the City. 6. It is hereby determined that the Purchase Agreement satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted, the City intends to enter into said Agreement. 7. It is hereby determined that HSI, L.L.C. possesses the qualifications, financial resources and legal ability necessary to acquire and redevelop the Property in the manner proposed by this Resolution and in accordance with the Plan. 8. It is hereby determined that the price for the Property offered by HSI, L.L.C. is not less than the fair value thereof for uses in accordance with the Plan and is hereby approved. 9. The City Clerk shall receive and retain for public examination the Purchase Agreement and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice period hereinafter prescribed. 10. Passage of this resolution be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Redeveloper to acquire and develop the Property and to enter into said Agreement. 11. The Official Notice of this offering, the City's intention to enter into this Agreement in the event that no other qualified proposal is timely submitted, and public hearing shall be a true copy of this Resolution, but without the attachments referred to herein. All of said attachments shall be on file for public inspection at the office of the City Clerk, 410 E. Washington Street, Iowa City, Iowa 52240-1826. 12. The City Clerk is hereby authorized and directed to secure immediate publication of said Official Notice in the Iowa City Press -Citizen, a newspaper having general circulation in the community, not less than 30 days prior to the deadline for submission of proposals pursuant to this Resolution. 13. Written proposals for the sale and redevelopment of the Property will be received by the City Clerk before 9:00 a.m. on December 14, 2015. Said proposals shall be submitted to the City Clerk's office at 410 E. Washington Street, Iowa City, Iowa 52240-1826. Each proposal will then be publicly opened at 10:00 a.m. on that same date. Said proposals will then be presented to the City Council at a regularly scheduled meeting not less than 30 days after the publication of the notice described in Paragraph 12 above. 14. A public hearing on said proposals, including that submitted by HSI, L.L.C., should be and is hereby set for December 15, 2015, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 15. The Property shall be competitively offered for sale on the terms and conditions set for the herein and such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8(2)(2015), requiring "reasonable competitive bidding procedures" as the same are herein prescribed, which method is hereby determined to be the appropriate method for making the Property available for redevelopment. 16. The City Clerk is hereby nominated and appointed as the agent of the City to receive proposals for the sale of the Property according to the deadlines and procedures herein specified and to proceed at such time to formally acknowledge receipt of any such proposals. The City Manager is hereby authorized and directed to make a preliminary analysis of each proposal timely submitted for compliance with this the competitive criteria established herein and Iowa Code Chapter 403, and to advise the Council with respect thereto. The Council shall judge the strength of the proposals and shall make the final evaluation and selection of a proposal. 17. In the event another qualified proposal is timely submitted and deemed in the public interest and in furtherance of the purpose of Iowa Code Chapter 403, another and further notice shall be published expressing the City's intention to enter into the resulting successful contract, as required by law. PASSED AND APPROVED this 10th day of November, 2015. Mayor ATTEST: airy Approved by-"WG*Ac. City lerk City Attorney's Office 1 /G I I S Resolution No. ]Page 4 15-359 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: DAYS: Botchway the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton EXHIBIT m PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HSI, LLC This Purchase Agreement by and between the City of Iowa City, hereinafter referred to as "Seller" and HSI, L.L.C., an Iowa limited liability company, hereinafter referred to as "Buyer": WITNESSETH: WHEREAS, Seller and Hieronymus Square Associates, LLC. were the parties to that certain Offer to Buy Real Estate and Acceptance dated July 23, 2013 for the sale and purchase, respectively, of the property located between 301 S. Dubuque Street and the Court Street Transportation Center known as Johnson County Tax Parcel #1010384014, (hereinafter the "Property"); and WHEREAS, Paragraph 5 of the Offer to Buy contained several contingencies which were to be satisfied on or before the date one -hundred fifty (15 0) days after formal approval of the Offer by the City Council for the Seller; and WHEREAS, Buyer is the successor in interest to Hieronymus Square Associates, LLC and the owner of the adjacent property; and WHEREAS, Buyer intends to develop the Property as part of the site for the University of Iowa Museum of Art or the site of a building accessory thereto; and WHEREAS, as a result, there have been administrative delays as the Board of Regents works with the Buyer to develop the plans for the redevelopment of the Property; and WHEREAS, the expiration of the contingency deadline under the Offer was extended by the parties on multiple occasions but the Seller has determined it is necessary to terminate the prior agreement and enter into a new agreement providing for the reappraisal of the Property due to the passage of time; and WHEREAS, the parties agree that as result of the foregoing, it is in the interest of both parties to enter into a new Purchase Agreement for the sale of the Property between the Seller and the Buyer, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. REAL ESTATE DESCRIPTION. The Buyer hereby offers to buy and the Seller by its acceptance agrees to sell certain real estate in Iowa City, Iowa, currently included within Johnson County Tax Parcel No. 1010384014 and located between 301 S. Dubuque Street and the Court Street Transportation Center and also including the real estate located between Burlington Street and the Court Street Transportation Center, including all fixtures that integrally belong to, are specifically adapted to or a part of the real property, whether attached or detached (hereinafter the "Real Estate"). The exact legal description for the Real Estate will be taken from -2 - Buyer's survey obtained pursuant to Paragraph 7 herein. The Real Estate is being conveyed with any easements and appurtenant servient estates, with a twenty (20) foot air rights easement over the adjacent Ground Transportation Center as further described in Paragraph 5 below; and free from liens or encumbrances, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyers, on possession, are permitted to make the following use of the Real Estate: commercial and residential development purposes. 2. PRICE. The purchase price for the Real Estate shall be equal to the fair market value of the Property as determined by a current appraisal prepared by a certified appraiser familiar with local commercial real estate plus $100,000 as contemplated by paragraph 5(A)(i) below. The Seller shall make arrangements for the reappraisal of the Property as soon as reasonably possible and the cost of the appraisal shall be paid by the Seller. The appraisal shall not include the value of or be adjusted by the inclusion of the air rights to be conveyed by the Seller. Seller shall provide a complete copy of the appraisal to the Buyer upon its completion. In the event the Buyer disagrees with the value as established by Seller's appraisal, Buyer shall have a period of thirty (30) days from its receipt of the Seller's appraisal to notify Seller of its intention to obtain a second appraisal of the Real Estate by a certified appraiser familiar with local commercial real estate. Buyer shall be solely responsible for the cost of said second appraisal and shall provide a copy of said completed appraisal to Seller.. In the event Buyer elects to obtain a second appraisal, the Purchase Price shall be the average of the appraised values as determined by the Seller's appraiser and the Buyer's appraiser. The purchase price shall be payable as follows: $5,000.00 to be paid as earnest money upon acceptance of this offer, by Seller's City Manager, delivered to Seller at the time of the release or waiver of all contingencies herein, and the balance payable in full at the time of closing and transfer of possession. In the event the contingencies of this agreement, hereinafter the "Agreement," are not satisfied or released, the earnest money shall be returned to Buyer. 3. REAL ESTATE TAXES. Seller shall pay the 2015-2016 real estate taxes and any unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated portion of the 2016-2017 real estate taxes, if any, assessed against the Real Estate. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon the most current assessed valuation, legislative rollback and applicable levy rate. 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing. All other special assessments shall be paid by Buyer. 5. CONTINGENCIES. This Agreement is contingent upon the satisfaction of the following items: X A. The execution of a mutually agreeable Developer's Agreement for the redevelopment of the Real Estate, as well as the real estate adjacent to the Real Estate locally known as the "Mod Pod" at the corner of Burlington Street and Dubuque Street. In addition to other mutually agreeable terms, said Developer's Agreement shall include: 4098(47).3 2015-09-22 Purchase Agreement 9911 (i) a mutually acceptable agreement for transfer of a twenty (20) foot air right easement over the adjacent Court Street Transportation Center, permitting Buyer to allow Buyer to construct the improvements up to and over the boundary of the Real Estate in exchange for the sum of one hundred thousand dollars ($100,000.00); and (ii) a mutually acceptable agreement for transfer at fair market value of any such other easements as are necessary to provide utilities to the Real Estate to allow Buyer to construct the improvements in connection with the development of the Real Estate and the adjacent "Mod Pod" building; and (iii) a mutually acceptable minimum assessment agreement that assures that all property which is the subject of the Developer's Agreement will remain taxable for the length of the Agreement. X B. The approval by the Federal Transportation Authority (FTA) of the sale of the Real Estate and the conveyance of the easements contemplated above. Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense, proceed diligently and in good faith to satisfy the conditions set forth above and to release such conditions or to have them satisfied on or before December 1, 2016, (the "Contingency Date"). If Buyer does not provide a written release of the above contingencies to Seller on or before the Contingency Date, then either party may declare this Agreement null and void by giving written notice to the other, in which event the Earnest Money payment shall be promptly returned. 6. SURVEY/SUBDIVISION PLAT. Buyer, at its sole expense, shall have the Real Estate surveyed. The legal description from the survey shall become the description of the Real Estate for purposes of conveyance hereunder. The survey description may be taken from a land survey, auditor's parcel plat or subdivision plat. The parties shall cooperate in obtaining and recording whatever survey or plat may be necessary to convey the Real Estate as provided herein, which survey or plat shall be at Buyer's expense. If the survey shows any encroachments on the Real Estate, such encroachments shall be treated as a title defect. 7. RIGHT OF ACCESS BEFORE CLOSING/INDEMNIFICATION. Prior to closing on the purchase of the Real Estate, Buyer and its agents may have reasonable access to the Real Estate for survey, soil tests, environmental investigation and other similar activities for the purpose of satisfying the contingencies at paragraph 5 of this Agreement and other obligations of Buyer under this Agreement. Buyer shall promptly repair and restore any damage caused by such access. Buyer hereby agrees to indemnify and hold harmless Seller from any and all expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Real Estate prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. 8. POSSESSION AND CLOSING. Subject to the Buyer's and Seller's timely 4098(47).3 2015-09-22 Purchase Agreement -4 - performance of all obligations herein, closing shall be held at a time mutually agreed upon by Buyer and Seller but in any event within sixty (60) days of the satisfaction of all contingencies and prior to February 1, 2017. On and after the Closing Date and upon payment of the Purchase Price, Buyer shall be entitled to immediate possession of the Real Estate. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and Seller's receipt of all funds then due at closing from Buyer under this Agreement. 9. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. Seller shall bear the risk of loss or damage to the Real Estate prior to closing. In the event of substantial damage prior to closing, the Agreement shall be null and void unless otherwise agreed in writing by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within 30 days after the intended Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to 30 days, in order to allow completion of the repairs and restoration. Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Real Estate, the Real Estate does not contain levels of radon gas that requires remediation under current governmental standards, and Seller has done nothing to contaminate the Real Estate with hazardous wastes or substances. Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Real Estate. In March of 2001, in connection with the construction of the Court Street Transportation Center, Seller had a Phase I Environmental Assessment prepared for submission to the FTA. The property assessed included the Real Estate and the Assessment resulted in a FONSI (Finding of No Significant Impact). Seller has provided a copy of said Assessment to Buyer. B. Buyer may at its expense, within ninety (90) days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Real Estate. In the event any hazardous materials, substances, conditions or wastes are discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare the Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be 4098(47).3 2015-09-22 Purchase Agreement -5 - paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 12. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 13. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in Paragraph 1 above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 14. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyers agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 16. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and the earnest money shall be forfeited b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to them. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 18. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 4098(47).3 2015-09-22 Purchase Agreement Ell 19. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. 21. DISCLOSURES. Seller acknowledges that one or more of the members of the Buyer is a licensed Real Estate Agent. 22. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of the Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 23. NOTICE. Any notice required under this Agreement shall be deemed perfected when it is received in writing either by personal delivery or upon the date of the posting of said notice by Certified Mail. Such notices to Seller shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240. Such notices to Buyer shall be sent or delivered to Hieronymus Square Associates, L.L.C., c/o Kevin Digmann, 711 S. Gilbert St., Iowa City, Iowa 52240, with a copy to Kirsten H. Frey, 920 S. Dubuque St., P.O. Box 2000, Iowa City, Iowa 52244-2000. 24. IOWA CITY COUNCIL APPROVAL. Seller's obligations under this Agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 and Chapter 403 of the Code of Iowa. Seller shall seek said approval promptly after acceptance of execution of this Agreement by the City Manager on behalf of the Seller. If this Agreement is not approved by the City Council for Iowa City within sixty (60) days after acceptance by the City Manager, this Agreement shall be null and void and all earnest money shall be returned to the Buyer. 4098(47).3 2015-09-22 Purchase Agreement -7- 25. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City Manager or his designee on behalf of the City on or before 5:00 P.M. on Tuesday, November 10, 2015, it shall become null and void and all payments shall be repaid to the Buyers. This Offer is presented to the City on this 10th day of November 2015. BUYER HSI, L.L.C. BY: Michael . Ho ge, Manager This Offer is accepted this 6%�d ay of Po%m Z -r -L - SELLER CITY OF IOWA CITY, IOWA Markus, City Manager 4098(47).3 2015-09-22 Purchase Agreement 2015. 7 Prepared by: Liz Craig, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-360 RESOLUTION APPROVING A LEASE OF SECURE SPACE LOCATED IN THE IOWA CITY DATA CENTER TO IMON COMMUNICATIONS, L.L.C. WHEREAS, the City and ImOn Communications, L.L.C. have negotiated a 5 -year agreement for the rental of secure space located at the Iowa City Data Center for the placement of IMON communications equipment; WHEREAS, because the term of the agreement exceeds three years, state law requires a public hearing; and WHEREAS, following public hearing, the City finds that the agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign and the City Clerk to attest to the attached lease agreement. Passed and approved this 10th day of November , 2015. MAYOR Approved by ATTEST: CITY CLERK City Attor 71 Office Resolution No. )Page 2 15-360 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway x x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. This Commercial Lease Agreement ("Lease") is made and effective October 20, 2015, by and between, the City of Iowa City, Iowa ("Landlord") and ImOn Communications, L.LC. ("Tenant"). RECITALS WHEREAS, Landlord is the owner of land and improvements commonly known and as the Iowa City Data Center, located inside Unit 1H of the Tower Place and Parking Facility at 6 S. Linn Street, Iowa City, Iowa; WHEREAS, within the Iowa City Data Center, there are temperature -controlled, fenced, secure cages used for the placement, storage and maintenance of communications equipment; WHEREAS, Cage No. 2, which is an approximately 120 -square foot such space, is currently unused by Landlord; WHEREAS, Landlord desires to make available for lease to Tenant Cage No. 2 for the placement of communications equipment, for the term and at the rental rate and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, and other good and valuable consideration, it is agreed: 1. Leased Premises. The Landlord does hereby lease to Tenant the approximate 120 square foot area known as Cage No. 2 within the Iowa City Data Center, located inside Unit 1H of the Tower Place and Parking Facility at 6 S. Linn Street, Iowa City, Iowa ("Leased Premises") for the purpose of ImOn placing communications equipment therein. 2. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning December 1, 2015 and ending November 30, 2020. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord Is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Upon mutual agreement of the parties, Tenant may renew the Lease for an extended term of five years. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at a rental rate to be negotiated prior to the initiation of that term and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 3. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of $1951 per year ($16.26/SFNear). B. The rental for any renewal lease term, if created as permitted under this Lease, shall be at a rental rate negotiated prior to the initiation of the renewal term. 4. Use The parties acknowledge and agree that the Tenant shall utilize the Leased Premises for the installation and maintenance of communications equipment. The parties also acknowledge and agree that the Tenant shall be responsible for the installation and maintenance of all Tenant infrastructure, hardware, and equipment installed therein. 5. Sublease and Assignment. Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease In whole or in part without Landlord's consent. 6. Alterations and Improvements. Tenant shall not make any alterations, improvements, or repairs to the Leased Premises, aside from the installation of the communications euipment contemplated by this Agreement. 7. ProRerty Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and Installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, If any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property, if any, at the Leased Premises. S. insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, Tenant shall be responsible for the costs of repair not covered by Insurance. B. Landlord shall maintain fire and extended coverage Insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each In the Building with the premiums thereon fully paid on or before due date, issued by and Page 2 of 7 binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. The parties acknowledge and agree that Tenant does not currently plan to use significant power or utilities as part of its use of the Leased Premises. A convenience outlet is provided a part of the Leased Premises for the use of de minimus power usage. If Tenant requires more significant power or utilities this Agreement may be amended so as to allocate the costs of that usage specifically to Tenant. 10. Entry. Landlord will allow reasonable access to the Leased Premises for the purposes of installation, maintenance, and repair of the communications equipment by Tenant's representatives. Tenant acknowledges that in order to maintain the security of the Leased Premises, Tenant's access to the Leased Premises will be permitted upon the following conditions: a. General maintenance and repair shall be performed between the hours of 8:00 am and 5:00 pm., Monday -Friday. b. Tenant will provide Landlord with a list of the names of authorized Tenant representatives that will enter the Leased Premises. Tenant will keep Landlord apprised of changes to this list of authorized persons in a timely fashion. c. All Tenant representatives that access the Leased Premises will complete a satisfactory criminal background check through the Iowa Department of Public Safety and provide the results to Landlord prior to any entry into the Leased Premises. d. All Tenant representatives that access the Leased Premises will sign into a logbook showing the name, title, time -in, and time-out of access. e. Twenty-four access for emergency repair or service disrupting maintenance is permitted. Tenant will notify Landlord when after -hour access is required. f. No Tenant representative will alter, service, interfere with, or in any way access, touch, or use cages, equipment or hardware owned by Landlord that Is also located within the Iowa City Data Center. g. Tenants may use existing fiber raceways or install new fiber raceways in order to connect fiber into Tenant cage. Page 3 of 7 11. Buildina Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 12. Damaue and Destruction. Subject to Section 8A above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. in making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or In part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 13. Default. If default shall at any time be made by Tenant in any material provision of this Lease, and If said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made In any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 14. Quiet Possession. Page 4 of 7 Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 15. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for and sums due and owing as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 16. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: City of Iowa City, Iowa City Clerk 410 E. Washington St. Iowa City, Iowa 52240 If to Tenant to: lmOn Communications, LLC CEO 6251' St SE, Suite 250 Cedar rapids, IA 52401 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 17. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Page 5 of 7 18. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 19. Headinas The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 20. Successors. The provisions of this Lease shall not be transferable to successors or assignees of Tenant without prior written approval from Landlord, which, shall not be unreasonably withheld. 21. Indemn . Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or Injury is caused by the Landlord's willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Leased Premises under this Lease. 22. Comnliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenants use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 23. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that Is duly executed by both parties. 24. Governina Law. Page 6 of 7 This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Iowa. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: CITY OF IOWA CITY Th as Markus, City Manager Tenant: IMON Page 7 of 7 CATIONS, L.L.C. -2 Prepared by: Liz Craig, RESOLUTION API IOWA CITY DATA City Attorney, 410 E. Washington UTION NO. A LEASE OF SEC TO IMON COMMU WHEREAS, the City andI On agreement for the rental of secure p placement of IMON communications eq WHEREAS, because the term of t a public hearing; and WHEREAS, following public hea approved. CommunicationA, L.L.C. have negotiated a 5 -year ice located at/the Iowa City Data Center for the agreement kxceeds three years, state law requires the Cit, finds that the agreement should be NOW, THEREFORE, BE IT RESOLVED IOWA CITY, IOWA, THAT: The City Manager is authorized to sign and agreement. Passed and approved this ATTEST: CITY CLERK THE CITY COUNCIL OF THE CITY OF Clerk to attest to the attached lease day of , 2015. MAYOR Approved _ 6. /0 City Attorrpeyffice Iowa City, IA 522 9) W-50fn CD ry SPACE LOCATED IN THE TIONS, L.L.C. CommunicationA, L.L.C. have negotiated a 5 -year ice located at/the Iowa City Data Center for the agreement kxceeds three years, state law requires the Cit, finds that the agreement should be NOW, THEREFORE, BE IT RESOLVED IOWA CITY, IOWA, THAT: The City Manager is authorized to sign and agreement. Passed and approved this ATTEST: CITY CLERK THE CITY COUNCIL OF THE CITY OF Clerk to attest to the attached lease day of , 2015. MAYOR Approved _ 6. /0 City Attorrpeyffice LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. This Commercial Lease Agreement ("Lease") is made and effective October 20, 2015, by and between, the City of Iowa City, Iowa ("Landlord") and ImOn Communications L.LC. ("Tenant"). RECITALS WHEREAS, L ndlord is the owner of land and improve nts commonly known and as the Iowa City ata Center, located inside Unit 1 H of the wer Place and Parking Facility at 6 S. Linn S et, Iowa City, Iowa; WHEREAS, within a Iowa City Data Center, therere temperature -controlled, fenced, secure cages sed for the placement, sto age and maintenance of communications equipment, WHEREAS, Cage No. 2, hich is an approximate 120 -square foot such space, is currently unused by Landlord; WHEREAS, Landlord desires make the placement of communications dquipmo upon the covenants, conditions and pr visio THEREFORE, in consideration of valuable consideration, it is agreed: 1. Leased Premises, The Landlord do square foot area known as Cage No. 2 Unit 1H of the Tower Place and Park ("Leased Premises") for the purpose of) 2. Term. for lease to Tenant Cage No. 2 for e term and at the rental rate and set forth. promises herein, and other good and lease to Tenant the approximate 120 Iowa City Data Center, located inside at 6 S. Linn Street, Iowa City, Iowa ig communications equipment therein. A. Landlord hereby leases the Lased Premises to nant, and Tenant hereby leases the same from Landlord, for an Initial Term" beginnin December 1, 2015 and ending November 30, 2020. Landlord hall use its best efforts o give Tenant possession as nearly as possible at the ning of the Lease term. I Landlord is unable to timely provide the Leased Premise rent shall abate for the peri of delay. Tenant shall make no other claim against Land rd for any such delay. B. Upon mutual agreemerSt of the parties, Tenant may renew the Lease for an extended term of five years. Tenaht shall exercise such renewal option, if at all, by giving write notice to Landlord not less than ninety (90) days prior to the expiration of the Mial Tem. The renewal term shall be at a rental rate to be negotiated prior to the W0 of t term and the ,,. otherwise upon same covenants, conditions and provisions a void rn this Lease. ry ry 3. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of $1951 per year ($16.26/SFNear). B. The rental for any renewal lease term, if created as permitted under this Lease, shall be at a rental rate negotiated prior to the initiation of the renewal term. 4. Use The parties ac owledge and agree that the Tenant shalt t the Installation nd maintenance of communications a acknowledge and gree that the Tenant shall be respoi maintenance of all lSqnant infrastructure, hardware, and eq 5. Tenant shall not sublea whole or in part without 6. or any part of the Leased ord's consent. he Leased Premises for ant. The parties also for the installation and nt installed therein. or assign this Lease in Tenant shall not make any Alterations, improverrOnts, or repairs to the Leased Premises, aside from the installs ' n of the commun tions euipment contemplated by this Agreement. 7, Property Taxes. Landlord shall pay, prior to delinquency,) special assessments coming due during t personal property taxes with respect to Leased Premises. Tenant shall be respon respect to Tenant's personal property, if a S. Insurance. n ral real estate taxes and installments of se term on the Leased Premises, and all ford's personal property, if any, on the for paying all personal property taxes with Kthe Leased Premises. A. If the Leased Premises or any other art of the ilding is damaged by fire or other casualty resulting from any act or n tart of Te ant or any of Tenant's agents, employees or invitees, Tenant shall be esponsible for costs of repair not covered by insurance. B. Landlord shall maintain fire and a ended coverage insura ce on the Building and the Leased Premises in such amounts s Landlord shall deem ap ropriate. Tenant shall be responsible, at its expense, for f and extended coverage Insurance on all of its personal property, including remo ble trade fixtures, located in Leased Premisgs. C^ C. Tenant and Landlord shall, ch at its own expense, maintain a polic �15olis of comprehensive general liability nsurance with respect to the respective aci,s ofeach In the Building with the premiu s thereon fully paid on or before due dateed g' ands... Page 2 of 7 4 ti �� ry ru binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. M1171I i The parties acknowi ge and agree that Tenant does of currently plan to use significant power or uti 'ties as part of its use of the Lease Premises. A convenience outlet is provided a part f the Leased Premises for the use of de minimus power usage. If Tenant requires more nificant power or utilities this A ement may be amended so as to allocate the costs of at usage specifically to Tenan . 10. Entry. Landlord will allow reasonablk access to the Installation, maintenance, and epair of the c representatives. Tenant acknowledges that in orde to maintain Tenant's access to the Leased Prem es will be G a. General maintenance and am and 5:00 pm., Monday b. Tenant will provide Landlord representatives that will enter apprised of changes to this lis c. All Tenant represen�aticves at a satisfactory criminal kg and c Safety and provide the ults to Premises. Premises for the purposes of atlons equipment by Tenant's security of the Leased Premises, Ited upon the following conditions: be performed between the hours of 8:00 a list of the names of authorized Tenant cased Premises. Tenant will keep Landlord thorized persons in a timely fashion. the Leased Premises will complete a through the Iowa Department of Public lord prior to any entry into the Leased d. All Tenant representa ves that access th� logbook showing the ame, title, time -in, and e. Twenty-four acces for emergency repair or permitted. Tenan ill notify Landlord when a Leased Premises will sign into a time-out of access. f. No Tenant re resentative will alter, service, lntel access, toucly or use cages, equipment or hardware also locatedfivithin the Iowa City Data Center. disrupting maintenance is access is required. g. Tenants r1fay use existing fiber raceways or install new to conn9d fiber into Tenant cage. Page 3 of 7 with, or in any way ed by Landlord that is 0 race!incrder ,� N CID N 11. Buildina Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 12. Subject to Section t3 above, if the Leased Premi s or any part thereof or any appurtenance thereto is o damaged by fire, casualty structural defects that the same cannot be used for Tena is purposes, then Tenant sh II have the right within ninety (90) days following damage t elect by notice to Landlor to terminate this Lease as of the date of such damage. In th event of minor damage any part of the Leased Premises, and if such damage does not render the Leas Premises unusable for Tenant's purposes, Landlord shall p ptiy repair such da age at the cost of the Landlord. In making the repairs called for in is paragraph, La dlord shall not be liable for any delays resulting from strikes, govemm ntal restrictions inability to obtain necessary materials or labor or other matters which a beyond th reasonable control of Landlord. Tenant shall be relieved from paying ren and other arges during any portion of the Lease term that the Leased Premises are op In part, for Tenant's purposes. Renta periods shall be credited on the n payments are to be made, any such i The provisions of this paragraph extend occurrence which is beyond Tenant's r Premises, or any appurtenance they whole or in part, for Tenant's purpos 13. Default. A or unfit for occupancy, or use, in whole or ther charges paid in advance for any such suing payments, If any, but if no further nce payments shall be refunded to Tenant. only to the matters aforesaid, but also to any noble control and which renders the Leased kpperable or unfit for occupancy or use, in If default shall at any time be ade by Tenant in any material provision of this Lease, and if said default shall conti a for fifteen (15) d after written notice thereof shall have been given to Tenant b Landlord, or if defau shall be made in any of the other covenants or conditions to b kept, observed and pe rf rmed by Tenant, and such default shall continue for thirty (3 days after notice thereof ' writing to Tenant by Landlord without correction there then having been comm ced and thereafter diligently prosecuted, Landlord ma declare the term of this Lease ded and terminated by giving Tenant written notice of uch intention, and if possession the Leased Premises is not surrendered, Landlord ay reenter said premises. Landlord hall have, in addition to the remedy above provid , any other right or remedy available o Landlord on account of any Tenant default, either in law or equity. Landlord shall a reasonable efforIg to mitigate its damag ►, 4 14. Quiet P ession. Page 4 of 7 j N) CD Fv Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 15. Condemnation. If any legally, constituted a h, shall make the Leased Prem e public authority takes posses i due and owing as of that date. of either party to recover coml damage caused by the condor award made to the other by the 16. Notice. Any notice required or permitted served if sent by United States follows: If to Landlord to: City of Iowa City, Iowa City Clerk 410 E. Washington St. Iowa City, Iowa 52240 If to Tenant to: ImOn Communications, LLC CEO 625 1 a St SE, Suite 250 Cedar Rapids, IA 52401 ity condemns the Building unsuitable for leasing, this , and Landlord and Tenant uch termination shall be wi nsation from the condemni tion. Neither party shall t demning authority. or s Th part thereof which _ea all cease when the sh I account for and sums h9bt prejudice to the rights io authority for any loss or Ova any rights in or to any is Lease shalybe deemed sufficiently given or mail, returneceipt requested, addressed as Landlord and Tenant shall each h ve the right from tim to time to change the place notice is to be given under this pa graph by written notice thereof to the other party. 17. Waiver. No waiver of any default of ndlord or Tenant hereunder s II be implied from any omission to take any actio on account of such default if su default persists or is repeated, and no express aiver shall affect any default other tha the default specified in the express waiver a that only for the time and to the extent t erein stated. One or more waivers by Landl rd or Tenant shall not be construed as a waiver of a subsequent breach of the same venant, term or condition. Page 5 of 7 C> N Landlord and Tenant shall each h ve the right from tim to time to change the place notice is to be given under this pa graph by written notice thereof to the other party. 17. Waiver. No waiver of any default of ndlord or Tenant hereunder s II be implied from any omission to take any actio on account of such default if su default persists or is repeated, and no express aiver shall affect any default other tha the default specified in the express waiver a that only for the time and to the extent t erein stated. One or more waivers by Landl rd or Tenant shall not be construed as a waiver of a subsequent breach of the same venant, term or condition. Page 5 of 7 18. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisiorks of this Lease. 19. Headings. The headings used in this Lease a e for convenience of th parties only and shall not be considered in interpreting the mean g of any provision of is Lease. 20. Successors. The provisions of this Lease shall not be transferabi to successors or assignees of Tenant without prior written approval fr Landlord, hich, shall not be unreasonably withheld. 21. lndemnlW. Landlord hereby disclaim aZd Want hereby releases the Landlord from any and all liability, whether in co r tort (including strict liability and negligence) for any loss, damage or inju of ny nature whatsoever sustained by Tenant, its employees, agents or Invitees dura a term of this Lease, including, but not limited to, loss, damage or injury to the props of Tenant that may be located or stored in the Premises, unless such loss, damage o jury is caused by the Landlord's willful misconduct. The parties hereby agree that un er o circumstances shall the Landlord be liable for indirect, consequential, special or xem lary damages, whether in contract or tort (including strict liability and negligence such s, but not limited to, loss of revenue or anticipated profits or other damage re ted to a leasing of the Leased Premises under this Lease. 22. Compliance with Law. Tenant shall comply with alllaws, ord rs, ordinances an other public requirements now or hereafter pertaining to Tenant's a of the Leased Pr mises. Landlord shall comply with all laws, orders, ordinances and other public re irements now or hereafter affecting the Leased Premises. 23. Final Agreement. This Agreement terminates the subject matter hereof. T Is duly executed by both pai 24. Governing Law. J supersedes all prior understanlings or agreements on Agreement may be modified only by a further writing that Page 6 of 7 C11 CZ) ) >�l ZZX N This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Iowa. IN WITNESS WHEREON the parties hereto have exec6ted this Instrument to be effective as of the day and ear first above written. T A717 -1r. 71L.R CITY OF IOWA CITY \ IMQN AOMMUNICATIONS, L.L.C. Thomas Markus, City Manager trice arroll IC&AY le" GG� 0 C"5 • —ra M Page 7 of 7 AMENDMENT 1 To MASTER AGREEMENT FO SHARED USE PROJECTS THIS AMENDMENT is between the City of Iowa City, Iowa nd ImOn Communications, LLC. In consideration of the mutual promises herein made, ImOn and the ity agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties i tend to amend the Agreement to add Schedules A.1 -A.4 and the attachments thereto. SECTION 2. AMENDMENT ALLOWED. Section 3.2 of th�Agreement provides for this Amendment with mutual written `'consent of the Parties. I SECTION 3. EXEC TION. In witness whereof in full con ideration of the mutual covenants set forth above for other good an valuable consideration the receipt, dequacy and legal sufficiency of which are hereby acknowledged, the arties have entered into the ab ve Amendment and have caused their duly authorized representatives to xecute this Amendment. All revious terms and conditions shall remain in full force and effect with the ex tion of previously mentio d modifications in this document. CITY OF IOWA CITY By: Title: ImOn COMMUNICATIONS, LLC By: Title: 1 Schedule A.1 Scope of Services PROJECT DESCRIPTION: The City agrees to allow ImOn temporary use of 12 City fiber strands from Highway 6 & Gilbert in Iowa City, to the Iowa City Data4Center. LOCATION, FIBER ROUTE, FIBER ALLOCATION, A. The City has existing cable per the attached the South Route Iowa City Data Center. DISTANCE: in Appendix 1 to this Amendment, known as B. The City will allow ImOn to temporarily use 12 strands in cable CF -106 (white buffer tube) (fiber count 61-72) between Iowa City Data Centat 6 South Linn Street and City hand -hole CIC -233 at South Gilbert Street and Highway 6. C. The total segmeiht length is 8,800 feet. TERM: 1 Year, with a on year extension upon7, COMPENSATION: Imon a ees to pay the Cit $ fiber. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Ma e- ead, ii. Annual Maintenance Fee: /A iii. Non -Recurring Installatio Narg iv. Collocation Required: N/ v. Locate Responsibility: ity own vi. Maintenance Respon ility: City vii. Relocation Responsi ility: City o% ImOn RESPONSIBILITIES: written agreement of the parties. per Year for the lease of the specified City Fee: N/A s: N/A cable and duct only. cable and duct only. i. Non -Recurring Fi er Make -Ready Fee: N/A ii. Annual Mainten ce Fee: N/A iii. Non -Recurring I stallation Charges: a. Imon shall rovide one 2" duct into City hand- ole CIC 233 at its own expense. b. Imon shall rovide one tie cable at its own exp se. Imon shall also pay for the City contractor o splice the fibers to existing City Cab s (CF -106) in City hand -hole CIC - 233. c. ImOn will rovide a tie cable at ImOn's expense, and ill pay for the City contractor to termin to in City's Data center fiber rack to patch to ' owned cables (CF -106). d. ImOn wi provide a tie cable at ImOn's expense for the Ci to terminate in City's Data ce ter fiber rack to patch to City owned cables (C 10 ). iv. Collocation Required: Tie cable registered with Iowa One Call V. Locate Responsibility: ImOn tie cables from ImOn to City owned hand hole CIC 233. vi. Maintenance Responsibility: ImOn Tie cable Only in City hand hole. vii. Relocation Responsibility: ImOn tie cables, ImOn duct and re -splicing to City cable. CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. 2 APPENDIX 1 As -Built Drawings Schedule A.2 Scope of Services PROJECT DESCRIPTION: The City agrees to lease City fiber to ImOn from the Iowa City Data Center at 6 S. Linn to the Iowa City Public Library, located at 123 South Linn Street, Iowa City, Iowa. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City; owns cable (CF005) located betwee ` the Iowa City Data Center and the Iowa City Public Lary, as per the line drawing attached a4 Appendix 2 to this Amendment. B. The City a ees to lease to ImOn two (2) Fiber cable CF00 to ImOn. C. The total segmkit length is 2,100 feet. TERM: Commensurate wild Master Agreement. COMPENSATION: ImOn agre6 to pay the City fiber. \ CITY RESPONSIBILITIES: i. Non -Recurring Fiber Mak Rea Fee: N/A ii. Annual Maintenance Fee: iii. Non -Recurring Installation Ch rges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City vi. Maintenance Responsibility City vii. Relocation Responsibility: ity ImOn RESPONSIBILITIES: i. Non -Recurring Fiber I ii. Annual Maintenance I iii. Non -Recurring Install, iv. Collocation Required: V. Locate Responsibility vi. Maintenance Respo vii. Relocation ReWons' N/A N/A Charges: N/A WA bility: N/A itv: N/A (13-14) in the green buffer tube located in per Year for the lease of the specified City CITY PROPERTY. Except as prodded above, ImOn shall not, and shall nodpermit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City prop rty without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. rd Appendix 2 As -Build Drawings 1 Schedule A.3 Scope of Services PROJECT DESCRIPTION: The City agrees to lease ImOn City duct space along Scott Boulevard for the placement of a single ImOn cable. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City owns duct and hand -holes located along Scott Boulevard along Scott Boulevard between Dodge St. and Highway 6 in Iowa Citi, as per line drawings attached as Appendix 3 to this Amendment. y B. The total segment length is 26,051 feet. C. The City will allow ImOn to install one 192 fib r strand single mode cable within the existing 2" conduit and hand -hole system. 5 D. The City wil permit ImOn to leave maintenanc splice coils in the specified hand -holes until ImOn can place th ir own hand -holes during the 201 construction season. E. ImOn and the TERM: Commensurate will mutually agree upon Master Agreement COMPENSATION: ImOn ag es to pay the City $ duct space. CITY RESPONSIBILITIES: selected to install ImOn's hand -holes. per Year for the lease of the specified City i. Non -Recurring Fiber Ma -Rea y Fee: N/A ii. Annual Maintenance Fee: /A iii. Non -Recurring Installation C rges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City ne uct and cable. vi. Maintenance Responsibilit : City o ed duct and cable. vii. Relocation Responsibility: City owned uct and cable ImOn RESPONSIBILITIES: i. Non -Recurring Fiber F e: N/A i. Annual Maintenance ee: N/A ii. Non -Recurring Insta ation Charges: a. ImOn shall pro de the cable at its own ex\cableoni b. ImOn shall pro ide for any installation cosin City duct at its own expense. iii. Collocation Requ' ed: iv. Locate Responsibility: ImOn for the ImOn-ownv. Maintenance Responsibility: ImOn for ImOn-only. vi. Relocation Responsibility: ImOn for ImOn-ownl CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct 6 supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. Geo- c+c 07 196 NMTH IOWA CITY W Appendix 3 As -Build Drawings 1-1 R r Q '02 CIC 10.1 CIC 1a 1 CIC 105 r I+i•tLx n�E r� � � r .. •: ' { L x t t ! w _Yh _ iI i yy � .� I 109 - f' e r J -- __. —rf I Y 1� 7 Appendix 3 As -Build Drawings 1-2 F:i AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ImOn COMMUNICATIONS, LLC FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly ownedi rovements on public property, including but not limited to paving, sidewalks, grass, veg ation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lin and equipment related thereto, cable and telephone lines and equipment related thereto c. "Public Property" shall mean publicly owned or cont olled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean Im n Communications, LL and shall include equipment owned, operated, leased, or sublea d in connection with he operation of the network, and shall include cables, underground conduits, handhol i, vaults, fiber optic cables, overhead transmission lines and other ov ead cable and Wes. SECTION 2. BASIC GRANT Network is hereby granted a license to const� retain communications system in, under, upor identified in Exhibits A hereto, subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, haintain, inspect, protect, repair, replace and ig and across the public property shown and latory powers of the City and subject to the OF THE NETWORK Before commencing any extension or expan ion of its sys m, or any major repair work or the installation of any new system in the , the Networ shall file with the Public Works Department of the City a written stateme t verifying the pub ' property under which or upon which the Network proposes to extend, xpand, install or repa'k its system. The Director of Public Works may require the statem t be accompanied by a ap, plan or specifications showing the proposed location of the s stem components with refer ces to streets and alleys, existing public utilities, the size and imensions of all facilities, an , the distance above or beneath the surface of the ground pr posed for repair or installation. If''tlhe proposed locations of any facilities shall interfere with t e reasonable and proper use, construction, reconstruction and maintenance of any public im ovements or any existing City -owned public utility system component, or other structure upo or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. Any such review, approval or plan modification shall be subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly modified, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. If the Network cannot make the requested modifications for whatever reason, the City is under no obligation to grant a permit. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, rept cement, or repair of any system component, the excavation or obstruction made or placed in ublic property at any time or for any purpose by the Network shall, to protect the public nd assure the safe and efficient movement of traffic, be properly barricaded to comply, at minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices II pavement removed or damaged shall be properly and speedily replaced in accordanc with the City's regulations, City's Municipal Design Standa s and Standard Construction Specifications, and warranted for a period of five (5) years. A a condition to the use of p blic property, the Network shall, at its own expense, repair or ca\Netwo to any private pr perty public utility system component, public improvement or puby damaged by s h location, construction, reconstruction, replacement or repair worNetwork fails t repair or arrange with the City for the proper repair of any publicafter excavatio s have been made, and after thirty days notice in writing to do so gdesignated re resentative, then the City may make such repairs at the expense of th SECTION 5. EXCAVATIONS The Network is authorized to make excavN property shown on Exhibit A for purposes wires, lines or other system components excavations, the Network shall obtain a unnecessarily obstruct the use of streets, Public Works Director with twenty-four (24) the work, and shall comply with all City pro such work. However, a three (3) day notio any work requiring a street closure or excavation, the Network may proceed wit permit, provided, however, that the Ne of possible after commencing such emerge cy than five (5) working days without prior City ons in. hose City streets, avenues, alleys and public ro ia repair, replacement, and maintenance of akit with the Network. In making such prsuant to City Ordinances, shall not avleys or public places, shall provide the hce prior to the actual commencement of v'uirements and regulations in performing shall be p* ided to the Public Works Director for etour. In ergergencies which require immediate the work witho6t first applying for or obtaining the -k shall apply for \and obtain the permit as soon as work. Excavations,,shall not remain open for more approval. '� Failure to Comply; Remedies. If the etwork fails to comply with th6\provisions of this Section, the City may repair or restore the blic property to a condition as go as the condition of the property prior to the disturbanc by the Network. The Network shat ay the costs of such repair or restoration. The Net,ork shall pay to the City its costs and c arges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable syste%iterference other components f the facilities erected by the Network within the City shall conforstablished grades of streets, alleys and sidewalks, and be so located as to cause minimuwith the ri is or reasonable convenience of property owners who adjoin public p. The Network shall conduct its wor hereunder in s ch manner as to cause as little interference ffic as possible with pedestrian and vehi lar tra, a d shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notiN and relocate its facilities in, on, over or under blic time require for the purpose of facilitating tNJ or change in grade of any public improveme purposes of facilitating the vacation and/or way by the City. In the event the Nei wor City may cause the Network facilities to f It its sole cost and expense, remove, locate and property in such manner as the City may at any instruction, reconstruction, maintenance, repair in, in or about any such public property, for the . elopment of public property or public right -of - fails act within a reasonably allocated time, the reloc ed, and the costs thereof shall be to the Network and shall be paid as provided n Section hereof. Claims for delay of work from contractors employed by the City th are a resul sof Network's failure to act within a reasonable time shall be the responsibi ty of the Network\."In the case of Public Works projects, reasonable time shall be defined as t six week period frohi the date of the public hearing. The Network shall not place its fa lities in the public properly where the same will interfere with the normal use or maintena ce of any public improvements including but not limited to streets, alleys sidewalks, traffic c ntrol devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmis on lines or any public utility facility',,\ Network shall maintain a five (5) foot minimum horizont clearance from any public utility, incl ing water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not p ce identification signs within the public right-of-way. \ Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not mor than forty-eight (48) hours after the time of request. As a condition of this agreement the Netsvork shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 01 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when it intends to abandon its facilities. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agree ent shall be construed to a idge the right or power of the City to make further regulations rela 've to the use of the stree ,alleys and public property by anyone using the same for the install ion and maintenance of tility systems, including, but not limited to, fees for use of public pro erty. Any such further egulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION / Upon completion of the work, the`gletwork sl plans related to its facilities located bq public The Network shall keep complete an operations of its facilities including bu agreement. SECTION 12. VIOLATIONS OF AGREEM NT Upon evidence being received by occurring or has occurred or that Network in the operation of its f occurring or has occurred (hereir, investigation to be made. If the take appropriate steps to secure o ordinances. promptly furnish to the City copies of "as -built" rate maps and records of the locations and abandoned facilities, in connection with this City that aiolation or breach of this agreement is violation of cod or ordinances lawfully regulating the ities or the mann of use of public property either is er referred to as a "default', the City shall cause an finds that a default e ' is or has occurred, the City may �liance with the terms o this agreement or the codes or The City shall give written notj a to the Network of the default, and he Network shall cure such default within thirty (30) cals/ndar days after receipt of such notice; Vovided, however, where any such default cannot reasonably be cured within such thirty (30) ay period, and Network shall proceed promptly to cure the same and prosecute such cure with*e diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND The Network coven a to indemnify, defend and ave the City and its officers, agents and employees, harmless fr any and all damages ar' ing directly from the exercise of the rights granted herein. The Nerk agrees to require contractors and subcontractors engaged in work for the Network within a public right -of- ay or public property to maintain insurance coverage during the term of the work and to rovide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction invalid or illegal, or direct a change by the such invalidity, illegality or change shall be remaining provisions of this agreement or t other respects shall continue in full force an been so adjudged invalid or illegal, or such and upon a court's ruling of invalidity or i e terminated. SECTION 15. ASSIGNMENT all adjudge any provision or provisions hereof NNhadnot matter or thing herein contained, d ble and shall in no way affect the er legality and this agreement in all aid provision or provisions had not aeen directed. At the City's option, gay ay cause this agreement to be Neither parry shall assign or otherwise fansfer this agreement or any o its rights and interest to any firm, corporation or individual, vothout the prior written consent of tke other party. SECTION 16. TERMINATION OF AGVEEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agement at any time upon thirty (30) days notice provided to Network, if the City determines hat the property or public right-of-way is needed for a public purpose and should be cleared'of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Netw rk: Outside Plant (OSP) Manager 625 1st Street SE Suite 250 Cedar Rapids, IA 52401 9-261-4617 0 ManagerIowaCity@Imon. In case of an emergency, notic may be given verb Ily to the above-named persons. In such case, written confirmation shoul a provided. N hing contained herein shall prevent other forms of notice if actually received y addressee Notice shall be deemed given on date of mailing in case of certified mail, or oth ise on t e date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Joh4 County Recorder's Office, at Network expense. Dated this day of f , 20 CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: City Clerk Approved by: UA (A ' &&L - City Attorney's Office ImO1,k COMMUNICATIONS, LLC Print Name: R CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 2015, before me, the for the State of Iowa, personally appeared Matthew J. personally known, and, who, being by me duly sworn, did Clerk, respectively, of -said municipal corporation executing that the seal affixed t ereto is the seal of said municipal signed and sealed on half of said corporation by author Resolution No. and passed by the C , 201 , and that Matthew J. Hayek n execution said instrument t be the voluntary act and d ei said corporation, by it and by em voluntarily executed. STATE OF undersigned, a Notary Public in and Hayek and Marian K. Karr, to me py that they are the Mayor and City .he within and foregoing instrument; )rporation; that said instrument was y of its City Council, as contained in t Council, on the day of d Marian K. Karr acknowledged the J and the voluntary act and deed of Notary Pu lic in and for My com ission expires: NETWORK ACKNOWLEDGMENT COUNTY of Iowa On this day of 15, before me, the undersigned, a Notary Public in and for the State of Iowa, in and for said county, personally appeared to me ersonally known, o being by me duly sworn did say that that person is the o aid corporation and that said instrument was signed on behalf of the aid corporation by autho of its board of directors or trustees and the said acknowle ed the execution of said instrument to be the voluntary act an deed of said corporation by it luntarily executed. Notary Public in and for the Sta of Iowa My commission expires: 7 Aspen CI LEGEND ImOn Communications, LLC IOWA CITY UNDERGROUND ImOn Aerial Network ImOn Underground Network 625 1 at Street SE, Suite 520 Cedar Rapids, IA 52401 date: November 3, 2015 author: V Brown N W+6 naa=rmwen:>roVwe Iy MUYyd Gelx. Napda —� ML�m Cwrrry 'Ajv% .[. '� PAGE 7 OF i PnrpnerW Ckv, ilh^ l Sv4len In CimF<WiMrrul Nrxin S 0 Prepared by Trent Hansen, 410 E. Washington, Iowa City, IA 52240, (319) 356-5430 RESOLUTION NO. 15-361 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY AND IMON COMMUNICATIONS, LLC, AND AN AMENDMENT PROVIDING FOR THREE SHARED USE PROJECTS. WHEREAS, the City of Iowa City has installed, and will continue to install, City -owned fiber optic assets, including fiber optic cables and ductwork, in the public rights-of-way; and WHEREAS, the City has some excess fiber and ductwork capacity; and WHEREAS, the City seeks to expand and enhance the availability of broadband connectivity to its citizens; and WHEREAS, ImOn Communications, LLC, a Cedar Rapids -based telecommunications company that provides high speed Internet, data, cable TV and phone service, is seeking to expand service to the Iowa City area; and WHEREAS, ImOn Communications will able to provide services to Iowa City residents at a lower cost if it is able to utilize the City's existing fiber optic assets; and WHEREAS, the City and ImOn Communications have negotiated a Master Agreement for Shared Use Projects whereby the City and ImOn can enter future agreements allowing the parties to lease or exchange facilities to accommodate their respective projects; and WHEREAS, the City and ImOn have further negotiated an Amendment pursuant to the Master Agreement for Shared Use Projects whereby Iowa City will lease excess City fiber and duct space to ImOn in three locations; and WHEREAS, it is in the best interest of the City to approve the attached Master Agreement for Shared Use Projects and Amendment 1 thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. City Council for the City of Iowa City hereby approves the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, with ImOn Communications, L.L.C., as being in the best interest of the City of Iowa City and members of the public, and authorizes the City Manager to take whatever steps are necessary to execute future Amendments to the Master Agreement as appropriate. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, in duplicate, subject to the approval of the City Attorney's Office. Passed and approved this 10th day of November , 2015. Approved by ATTEST: /ne, 6� 7C `7� 11/5—/15- CIT ERK CitAttorneys Iffice Resolution No. 15-36 L ]Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton ABSTAIN: MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. THIS AGREEMENT is made on the t5 VA day of lf)4060129�-It , 2015, by and between the City of Iowa City, Iowa ("IOWA CITY" or "CITY") and ImOn Communications, LLC ("ImOn"). The CITY and ImOn may also be referred to as the "Parties" or "Party" as the context allows. WHEREAS, the CITY and ImOn desire to provide certain services and access to telecommunications fiber, equipment, and infrastructure assets owned by the other Party in order to reduce their operating costs, resulting in expanded and improved telecommunications services to the citizens of Iowa City, according to the terms and conditions of this Agreement. In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: This Agreement sets forth the initial terms and conditions which will apply to the CITY and ImOn relating to the shared installation, use, and maintenance of telecommunications fiber, equipment, and infrastructure assets and services within the City of Iowa City, Iowa. SECTION 1: IDENTITY OF THE PARTIES. 1.1 The City of Iowa City is a municipality of the State of Iowa incorporated in accordance with the relevant provisions of Iowa law. The CITY's Administration Offices are located at: 410 E. Washington Street, Iowa City, Iowa 52240. 1.2 ImOn Communications, LLC is a private limited liability company in the business of providing high speed internet, data, cable TV and phone service. ImOn's Administration Offices are located at: 625 1st Street, SE, Cedar Rapids, Iowa 52401. SECTION 2: DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement" means this document and any exhibits and/or amendments to this document or any other documents specifically incorporated into this agreement by reference. 2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC) pursuant to Iowa Code Chapter 480. 2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass strands unless otherwise stated, between two specified locations that have no optronics or electronics attached to it, thus no light/communications signal being transmitted through the fiber. 2.4 "Designated Fiber" shall mean the Fiber as identified in each Amendment, Appendix and Exhibit. 2.5 "CITY Duct" means a buried conduit or HDPE duct for the purpose of enabling the installation of one or more fiber optic strands installed by, owned by aointly or individually) or allocated to the CITY, identified on the Exhibit(s) attached hereto. 2.6 "CITY Equipment" means facilities or equipment provided, owned or installed by the CITY in, around or on the Designated Fiber. 2.7 "Fiber" means a glass strand or strands which is/are protected by a color -coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2.8 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points 2.9 "CITY Network" means the communications system operated by the CITY, as such systems exist now, and as it is modified from time to time. 2.10 "IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. 2.11 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.12 "Link Segment' means a specified length of fiber optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it may be the entire network. 2.13 "OTDR" means Optical Time Domain Reflectometer which is the optical -fiber test instrument capable of measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi -mode optical fibers. 2.14 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or lease rights to Dark Fiber strands or sheath. 2.15 "Proportional Share" shall mean the percentage of Lit Fibers, for each the CITY and ImOn, within the sheath. 2.16 "Re -locate" shall mean when it is necessary to Re -locate a current fiber facility to a different location. 2.17 "Restoration" shall refer to restoring fiber optic cable to service after damage or cut incident. 2.18 "Route Maintenance" related to cable and the route/right of way (ROW) shall refer to repair of areas of exposed cable or degraded ROW, for example due to erosion or poor initial installation. 2.19 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the Agreement. SECTION 3: SCOPE OF WORK. 3.1 Scope of Services. Each SUP performed under this agreement must be set forth, in writing, in a Scope of Services document, that will be incorporated into this agreement via an Amendment to this agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following: ■ Location of the project ■ Description of the project o Specific end points o Length of segment o Line drawings ■ Term of the project ■ Fiber and/or Duct Route, count, allocation and identification of any additional parties involved ■ Fiber and/or duct map ■ Responsibilities of each Party ■ Ownership of the fiber and/or duct ■ Fiber and/or duct maintenance responsibility o If the CITY or ImOn are not providing maintenance and restoration, the amendment shall identify the service provider and the service levels for advance notice of maintenance activity and restoration times, in the event of a cable cut ■ Fiber repairs and restoration ■ Telecommunication Services related to the SUP ■ Project financials (costs and obligations) ■ Which Party bears cost for future locates ■ Which Party bears cost for future relocates 3.2 Amendments to Scope of Services and Specifications. The Parties agree that a Scope of Services document referenced in sections 3.1 and 3.1.1, and the specifications contained therein, may be revised, replaced, 2 amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards only upon the mutual written consent of the parties. 3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for Single Mode Fiber") which is incorporated into this Agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 3.4 The City and ImOn contact procedures are listed in Exhibit B, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporated into this Agreement by reference. Upon the addition of each SUP Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1, the Parties shall review the information contained in Exhibit B and update the information if necessary. 3.5 Non -Exclusive Rights. This Agreement is not exclusive. The City and ImOn reserve the right to select other service providers or entities to provide services similar or identical to the services referenced in this Agreement or set forth in the Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this Agreement. 3.6 City Property. Except as provided in a specific project attachment, ImOn shall not, and shall not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any CITY property without the written consent of the CITY. The Parties agree that no party other than the CITY or a contractor under the direct supervision of the CITY shall be permitted to perform maintenance or splicing on the Fiber. 3.7 ImOn Equipment. ImOn shall have sole responsibility for installation, testing and operation of ImOn Equipment. The CITY shall not be responsible for the operation or maintenance of any ImOn Equipment. The CITY shall not be responsible for the transmission or reception of communications or signals by ImOn Equipment or for the quality of, or defects in, such transmission or reception. SECTION 4: COMPENSATION. 4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a Party is required to provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each Party shall submit itemized invoices to the other Party that identify the services provided in connection with the Scope of Services document and the amount claimed for the services provided. Either Party may vary the terms of this provision by paying the invoice in less than 60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an implied waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to submission. If either Party disputes the amount of any invoice, the Party will notify the other Party of the dispute within 30 days of receipt of the invoice. Payment of the disputed amount may be withheld until the dispute is resolved. 4.2 The Compensation section of each Scope of Services document incorporated into this Agreement via Amendment under section 3.1 and 3.1.1 above, shall be reviewed thereafter every 36 months from the initial date of execution. 4.2.1 When reviewing the Compensation section of each Amendment the value of services (e.g., locate services, internet bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by ImOn and CITY, both one-time and ongoing, shall be considered. SECTION 5: TERM. This Agreement is effective upon signature of all Parties and will continue for ten (10) years or until either Party provides notice as detailed in Section 10. SECTION 6: COLLOCATION. To the extent that ImOn wishes to collocate equipment in any CITY facility, the Parties shall enter into a separate collocation agreement for each site. SECTION 7: EXCLUSION OF WARRANTIES. THE CITY MAKES NO WARRANTIES TO ImOn OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. SECTION 8. INDEMNIFICATION. 8.1 To the fullest extent allowed by law, ImOn shall indemnify, defend and save the CITY, CITY officers, agents, employees and contractors from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including CITY's actual and reasonable personnel and overhead costs and attorneys' fees and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to, any property to the extent arising out of or in connection with (i) ImOn's use of CITY communications equipment, facilities, or fiber (ii) ImOn's breach of its obligations hereunder. ImOn agrees that the foregoing indemnity specifically covers actions brought by its own employees. This indemnity with respect to acts or omissions during the Term shall survive termination or expiration of this Agreement. 8.2 Nothing contained herein shall operate as a limitation on the right of either Party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the Designated Fiber; provided, however, that each Party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other Party to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY. Notwithstanding any provision of this Agreement to the contrary, in no event shall either Party be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems, or any interruption or degradation of service, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence, or strict liability all claims for which damages are hereby specifically waived. SECTION 10. TERMINATION. 10.1 Termination for Cause. In the event a breach of this Agreement occurs, the non -breaching Party may give written notice, pursuant to section 11.8, to the Party that committed the breach, which notice shall advise that party of the specific facts and circumstances that constitute a breach of the Agreement and further advise the Party that it has thirty (30) days to cure or correct the breach. If the breach is not cured or corrected at the end of this thirty (30) day period, the non -breaching Party shall have the right to terminate this Agreement at the end of a one hundred - eighty 180 day period, which period shall start upon written notice, delivered to the Party in breach pursuant to section 11.8, of the Party's intention to terminate the agreement in 180 days. 10.2 Disposition of Fiber Optic Cable. If the CITY and ImOn are the only Parties within the fiber sheath and in the event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that has been attached to this Agreement or incorporated into this Agreement by reference, the cable sheath and associated components, splicing hardware and any installed underground conduit, all items previously described will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. 4 SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the Parties. All Amendments to this Agreement must be in writing and signed by both the CITY and ImOn. 11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the CITY and ImOn. 11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be in Johnson County District Court for the State of Iowa, Iowa City, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the ImOn, the CITY, or the State of Iowa. 11.4 Integration. This Agreement, any Scope of Services document, Schedule, Addendum, Amendment, Rider or Exhibit attached to this Agreement or incorporated into this Agreement by reference, represents the entire Agreement between the Parties and neither Party is relying on any representation that may have been made which is not included in this Agreement. 11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture (or other association of any kind or agent/principal relationship) between the Parties hereto. No Party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalf of, in the name of, or binding upon another Party to this Agreement. 11.6 Waiver. Any breach or default by either Party shall not be waived or released other than by writing signed by the other Party. Failure by either Party at any time to require performance by the other Party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted hand delivery, by Federal Express, courier, or other similar and reliable carrier, which shall be addressed to each Party as set forth as follows: If to the CITY: City of Iowa City, Iowa a City Clerk 410 E. Washington St. Iowa City, Iowa 52240 If to ImOn: ImOn Communications, LLC CEO 625 1st St SE, Suite 250 Cedar Rapids, IA 52401 Each such notice shall be deemed to have been provided at the earliest of the following: (a) at the time it is actually received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed next day delivery, within one day; or (c) in the case of registered U.S. Mail, within five (5) days; or when verified by automated receipt or electronic logs if sent by facsimile or email. From time to time, the parties may change the name and address of a Party designated to receive notice. Such change of the designated person shall be in writing to the other Party and as provided herein. 11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either Party, provided in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either Party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either Party may be entitled as a result of any breach of this Agreement. 5 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. 11.12 Authorization. Each Party to this Agreement represents and warrants to the other that it has the right, power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement. This Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms. 11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and are nontransferable to their respective successors, assigns, and legal representatives without the prior written consent of the other Party. 11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The Parties further agree that the signatures on this Agreement or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually signed. 11.16 Assignment and Delegation. Neither Party to this Agreement shall assign, transfer or convey this Agreement in whole or in part without the prior written consent of the other Party. SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. CITY OF IOWA CITY By: Printed name: ni a oLet) Title: rnl O✓ Date: November 10, 2015 Imc By. AppMad By .ity Att rn Ofte Printed name: , �h,-T�r��/Y.%�/ Title:-/`fT/L� T ?GD Date: 2 EXHIBIT A SPLICING, TESTING AND ACCEPTANCE STANDARDS for Single Mode Fiber All splices will be performed with an industry -accepted fusion splicing machine as per CITY splicing specifications. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer. 3. After end-to-end (site -to -site) connectivity on the fibers, the installing contractor will complete bi-directional span testing. These measurements will be made after all cable installation activities are complete for each span. Connectors will be cleaned as necessary to ensure accurate measurements are taken. • Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power meter. Continuity testing (checking for "frogging") will be done on all fibers concurrently. • OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. • All testing, power levels and OTDR traces will be conducted at 1550nm. • Installing Agency will pay for the testing at the 1550 level. • OTDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be provided to each the CITY and the ImOn via electronic format. 4. The splicing standards are as follows: • The objective loss value of the connector and its associated splice will be 0.50 dB or less. • The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. • The aforementioned standards are objectives, not the basis for acceptance. The acceptance standard for each Fiber per span shall be calculated as follows: Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 db/connector) Where: a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at 1550nm b = number of splice locations for the span c = number of connectors for the span 5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry accepted splice enclosure will be used on all splices. FIBER STANDARDS NOTE: Single mode fiber shall meet the SMF -28 standard. If the fiber to be used is existing fiber, previously installed prior to 1996, the CITY will require the manufacture date of the fiber to ensure compatibility with the balance of the associated fiber and installation equipment. NOTE: As stated in 3.3.1, as a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 7 EXHIBIT B Maintenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this Agreement, in accordance with the following. 1.1 ImOn's primary point of contact is XC. I&W ©lJ Q.? Phone .30"o?CO" 7.z W Monday — Friday 8:OOPM to 5:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: Name: Title: Email: Phone: 1.2. CITY primary point of contact is: ITS Service Desk 1(319)356-5411 Monday — Friday 8:OOPM to 5:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: CITY Help Desk (319)356-5411 CITY Help Desk (319)356-5411 Name: Trent Hansen, Mike Harapat, or Alan Worden Title: ITS Staff Email: netops@iowa-city.org Phone: (319)356-5411 1.3 The Parties shall provide notice of any change in the respective point(s) of contact within 15 working days by notification via written media. 1.4 Requests for service and information sent by CITY employees who are not specified point(s) of contact and/or received by ImOn employees who are not specified point(s) of contact in Section 1.2 will be verified by the proper contacts of both parties before action is taken. 2. Trouble Reporting and Resolution. The CITY shall provide for the following trouble reporting and resolution procedures: 2.1 The CITY network is monitored 24 hours per day, 7 days per week, for real-time status and alarm conditions. The CITY network operations and maintenance are applicable to all services delivered by the CITY. The CITY Service Desk is the point of contact for trouble reporting. Following are service standards relative to operations and management of the network: 2.1.1 Network Surveillance. The CITY shall observe, monitor, analyze and report on all operations of the CITY Network. The CITY will identify network failures, troubles or degradation of service on the CITY fiber that is in use by the CITY. The CITY will notify the ImOn point(s) of contact of CITY network failures, troubles or degradation of service that will impact ImOn. When the CITY network experiences failures, troubles, or equipment degradation the CITY will locate the failure and dispatch technicians. 2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10 minutes of any trouble reported by ImOn, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. A 2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet and firewall) will follow current CITY Standard Procedures for escalation and resolution. 2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3 business days before a routine scheduled maintenance window will take place. In the event that an "Emergency Maintenance Window" is required, the CITY will give ImOn as much advanced notice as possible. An emergency maintenance window is defined as repair work that is required to restore service that is not performing to engineered standards. If the scheduled maintenance day or time needs to be altered for ImOn, every effort will be made to accommodate the request. The CITY will provide notification (via the CITY MaintList e-mail server system) of scheduled maintenance activities to ImOn points of contact as maintenance windows are scheduled. ImOn must provide the CITY with valid contact names and telephone numbers for daytime and after-hours contact. ImOn must also submit their point of contact information for the CITY to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked between the hours of 8:00 PM and 6:00 AM and is not restricted to any one day of the week or weekend. The CITY will make every effort to assure that the least amount of disruption of service to our customers as the result of maintenance work being performed. The CITY also reserves the right to perform network maintenance as required for the common good of all users of the CITY network. Any maintenance activity that affects only one CITY customer will be scheduled and approved jointly with the affected customer. All other maintenance work will be performed by the CITY within its own discretion, within the timeframes stated within this section and within the notification guidelines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IOC). IOC will determine the location and call all utilities that may be affected. Based on the IOC notification, the IOC will dispatch from the locate desk maintenance personnel to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the location, and/or stand by the construction site during digging. Measures to be used are determined by the proximity of the proposed digging to CITY/ ImOn cable. 2.4 Notification of Service Impairments. If service disruptions or degradation of service of any type is detected through network surveillance, the CITY Service Desk will notify ImOn point of contact or ImOn Help Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and affected customers are determined. The CITY Service Desk will give updates on reported or detected service disruptions or degradation as follows: 2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM Monday through Friday. The customer can request continued updates for after hours if a contact name and telephone number is provided. 2.4.2 ImOn is required to notify the CITY Service Desk at 319-356-5411, of any planned outages that will impact the CITY and its ability to provide service to ImOn or other authorized users. This notification must be provided at least 5 business days before the work is to be done unless it is an emergency. 2.5 Due to the urgent nature, trouble calls shall be made to the CITY Service Desk via telephone: at 319-356-5411 or if service is unavailable through that number, alternatively to the Iowa City Police Department: 319-356-5275. 2.6 Customer Requested Escalations: 2.6.1 Other inquiries, including but not limited to billing, account history, status of service installation, and existing services in production, are to be addressed to ITS, City of Iowa City, 410 E. Washing Street, Iowa City, Iowa 52240 or cicnetops@iowa-city.org. 2.6.2 The CITY shall provide for trouble and inquiry resolution as follows: The CITY shall respond within 1 business day of an ImOn escalation request with updates, plans and/or resolutions followed by written or electronic confirmation of the updates, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by the CITY, the CITY and ImOn shall mutually agree to a upon the path to the inquiry resolution. 2.7 ImOn and the CITY will conduct periodic review of problems and develop procedures for outage and problem discussion and service improvement efforts. Examples include but are not limited to: chronic and recurring problems and major outages. 10 AMENDMENT1 To MASTER AGREEMENT FOR SHARED USE PROJECTS THIS AMENDMENT is between the City of Iowa City, Iowa and ImOn Communications, LLC. In consideration of the mutual promises herein made, ImOn and the City agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to amend the Agreement to add Schedules A.1 -A.4 and the attachments thereto. SECTION 2. AMENDMENT ALLOWED. Section 3.2 of the Agreement provides for this Amendment with mutual written consent of the Parties. SECTION 3. EXECUTION. In witness whereof in full consideration of the mutual covenants set forth above for other good and valuable consideration the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Amendment and have caused their duly authorized representatives to execute this Amendment. All previous terms and conditions shall remain in full force and effect with the exception of previously mentioned modifications in this document. CITY OF IOWA CITY By: Title: ImOn COMMUNICATIONS, LLC By: Title: 0�� 'e Z�� November 10, 2015 Approved By �1 .. t,.t�m ye QIiICe Schedule A.1 Scope of Services PROJECT DESCRIPTION: The City agrees to allow ImOn temporary use of 12 City fiber strands from Highway 6 & Gilbert in Iowa City, to the Iowa City Data Center. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City has existing cable per the attached drawing in Appendix 1 to this Amendment, known as the South Route Iowa City Data Center. B. The City will allow ImOn to temporarily use 12 strands in cable CF -106 (white buffer tube) (fiber count 61-72) between Iowa City Data Center at 6 South Linn Street and City hand -hole CIC -233 at South Gilbert Street and Highway 6. C. The total segment length is 8,800 feet. TERM: 1 Year, with a one year extension upon the written agreement of the parties. COMPENSATION: ImOn agrees to pay the City $731.03 per Year for the lease of the specified City fiber. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City owned cable and duct only. vi. Maintenance Responsibility: City vii. Relocation Responsibility: City owned cable and duct only. ImOn RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: a. Imon shall provide one 2" duct into City hand -hole CIC 233 at its own expense. b. ImOn shall provide one tie cable at its own expense. ImOn shall also pay for the City contractor to splice the fibers to existing City Cables (CF -106) in City hand -hole CIC - 233. c. ImOn will provide a tie cable at ImOn's expense, and will pay for the City contractor to terminate in City's Data center fiber rack to patch to City owned cables (CF -106). d. ImOn will provide a tie cable at ImOn's expense for the City to terminate in City's Data center fiber rack to patch to City owned cables (CF -106). iv. Collocation Required: Tie cable registered with Iowa One Call V. Locate Responsibility: ImOn tie cables from ImOn to City owned hand hole CIC 233. vi. Maintenance Responsibility: ImOn Tie cable Only in City hand hole. vii. Relocation Responsibility: ImOn tie cables, ImOn duct and re -splicing to City cable. CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. 2 CIC z APPENDIX 1 As -Built Drawings Ci -C 240 ^.IC 141 s i Ht{;: HLAND uJ m y C7 }a7 GH LA 3 ut s w e z ; v a - } erg Ht{;: HLAND uJ m y C7 }a7 GH LA 3 Schedule A.2 Scope of Services PROJECT DESCRIPTION: The City agrees to lease City fiber to ImOn from the Iowa City Data Center at 6 S. Linn to the Iowa City Public Library, located at 123 South Linn Street, Iowa City, Iowa. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City owns cable (CF005) located between the Iowa City Data Center and the Iowa City Public Library, as per the line drawing attached as Appendix 2 to this Amendment. B. The City agrees to lease to ImOn two (2) Fiber strands (13-14) in the green buffer tube located in cable CF005 to ImOn. C. The total segment length is 2,100 feet. TERM: Commensurate with Master Agreement. COMPENSATION: ImOn agrees to pay the City $413.17 per Year for the lease of the specified City fiber. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City vi. Maintenance Responsibility: City vii. Relocation Responsibility: City ImOn RESPONSIBILITIES: i. Non -Recurring Fiber Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: N/A vi. Maintenance Responsibility: N/A vii. Relocation Responsibility: N/A CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. ^`h -.l C-11. r 41' - 3 Schedule A.3 Scope of Services PROJECT DESCRIPTION: The City agrees to lease ImOn City duct space along Scott Boulevard for the placement of a single ImOn cable. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City owns duct and hand -holes located along Scott Boulevard along Scott Boulevard between Dodge St. and Highway 6 in Iowa City, as per line drawings attached as Appendix 3 to this Amendment. B. The total segment length is 26,051 feet. C. The City will allow ImOn to install one 192 fiber strand single mode cable within the existing 2" conduit and hand -hole system. D. The City will permit ImOn to leave maintenance/splice coils in the specified hand -holes until ImOn can place their own hand -holes during the 2016 construction season. E. ImOn and the City will mutually agree upon contractor selected to install ImOn's hand -holes. TERM: Commensurate with Master Agreement COMPENSATION: ImOn agrees to pay the City $4,195.45 per Year for the lease of the specified City duct space. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City owned duct and cable. vi. Maintenance Responsibility: City owned duct and cable. vii. Relocation Responsibility: City owned duct and cable ImOn RESPONSIBILITIES: Non -Recurring Fiber Fee: N/A Annual Maintenance Fee: N/A Non -Recurring Installation Charges: a. ImOn shall provide the cable at its own expense. b. ImOn shall provide for any installation costs for the cable in City duct at its own expense. iii. Collocation Required: iv. Locate Responsibility: ImOn for the ImOn-owned cable only. V. Maintenance Responsibility: ImOn for ImOn-owned the cable only. vi. Relocation Responsibility: ImOn for ImOn-owned the cable only. CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. Appendix 3 As -Build Drawings 1-1 Appendix 3 As -Build Drawings 1-2 FYIm ST $ bW atKeM b 'I e �_ 51.69 Off f6. (UCN ! '£li k.£ @ } T OR QJWEFJhU 1 C4KWCt 2T � ASt: wiNW U C7+C:Sl.:Y 5 may' CIC 119 � !tK„ E4S" U Mr Y N i '• MVaWiNLClitIn Yr W. (tilf M.SWK W.YZ G4fEh. VIN:e I'_SIMr✓ee� Cir:i `� 4a. CIC %12 MnM F. r;, GGap:nn,.r� n y, ....fmmtFl zw c; ���. s S. �.y�iN wMSfiPbfi2ry Clt i M 5F t, CIC 115 fix C1C199 `'Y, CIC its F 4GC ' G Y CC y t CIC 115 (.� 161Fi': IyG�yF c, LF I 3 i IX �H atn:o 4: t. y' � CIC 119 S � . '.1..� � �- t L.. ,. Et•.rxn 1N MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. THIS AGREEMENT isZIC101 on the day of , 2015, by and between the City of Iowa City, Iowa ("IOWA Cl -Y" oY") and ImOn Communications, LLC ("ImOn"). The CITY and ImOn may also be referred to as the "Parties" orv" as the context allows. WHEREAS, the CITY and ImMn desire to provide certain services and a cess to telecommunications fiber, equipment, and infrastructure assets oWqed by the other Party in order to reduc their operating costs, resulting in expanded and improved telecommunica\nsservices to the citizens of low City, according to the terms and conditions of this Agreement. In consideration of the mutualnts contained in this Agr ement, the sufficiency of which is acknowledged, the parties agree as follow This Agreement sets forth the initial terms eNd conditions which ill apply to the CITY and ImOn relating to the shared installation, use, and maintenance of to\Staat ;at: Der, equipment, and infrastructure assets and services within the City of Iowa City, Iowa. SECTION 1: IDENTITY OF THE PARTIES. 1.1 The City of Iowa City is a municipality of thforporated in accordance with the relevant provisions of Iowa law. The CITY's Administration e 410 E. Washington Street, Iowa City, Iowa 52240. 1.2 ImOn Communications, LLC is a private limited lie internet, data, cable TV and phone service. ImOn's Admi Rapids, Iowa 52401. SECTION 2: DEFINITIONS. The following words shall have the meanings set ford below plural and vice versa. / ipany in the business of providing high speed Offices are located at: 625 1" Street, SE, Cedar 2.1 "Agreement" means this document and Oy exhibits and/or documents specifically incorporated into this agre¢ment by reference. in the singular shall be held to include the 2.2 "Cable Locates" or "Locates" meanstJ�e identification of utilities pursuant to Iowa Code Chapter 480. / 2.3 "Dark Fiber" means a number of fi ers, normally expressed in nu stated, between two specified locationj that have no optronics or light/communications signal being transmi ed through the fiber. 2.4 "Designated Fiber" shall mean 2.5 "CITY Duct" means a bu more fiber optic strands installed Exhibit(s) attached hereto. 2.6 "CITY Equipment" m the Designated Fiber. 2.7 "Fiber" means a is/are used to transmit a Fiber as identified in each conduit or HDPE duct for the purpose of owned by Qointly or individually) or all= to this document or any other the Iowa One Call Center (IOC) of glass strands unless otherwise tronics attached to it, thus no Appendix and Exhibit. ding the installation of one or to the CITY, identified on the facilities or equipment provided, owned or installefty the CITY in, around or on strand or strands which is/are protected by a color -coded buffer tube and which unication signal along the glass strand in the form of pulses f light. 2.8 "Fiber Segment" rr)(eans the length of similar fiber and fiber count between designated access splice points. 2.9 "CITY Network" means the communications system operated by the CITY, as such systems exist now, and as it is modified from time to time. 2.10 "IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. 2.11 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.12 "Link Segment" means a specified length of fiber optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it may be the entire network. 2.13 "OTDR" means Optic I Time Domain Reflectometer which is the optical -fiber test instrument capable of measuring loss characteristics a displaying faults, splices, and other fiber events in single mode and multi -mode optical fibers. 2.14 "Other Fiber Owners or Les es" means all others, either now or in a future, that obtain ownership of or lease rights to Dark Fiber strands or s ath. 2.15 "Proportional Share" shall mea the percentage of Lit Fibers, for ach the CITY and ImOn, within the sheath. 2.16 "Re -locate" shall mean when itis n essaryto Re -locate a curre fiber facility to a different location. 2.17 "Restoration" shall refer to restoring fi er optic cable to service fter damage or cut incident. 2.18 "Route Maintenance" related to cable kd the route/right f way (ROW) shall refer to repair of areas of exposed cable or degraded ROW, for example duV to erosion or p or initial installation. 2.19 "SUP" shall mean Shared Use Project aVur nd described in each Amendment added to the Agreement. SECTION 3: SCOPE OF WORK. 3.1 Scope of Services. Each SUP performegreement must be set forth, in writing, in a Scope of Services document, that will be incorporated inment via an Amendment to this agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope of Services ■ Location of the project • Description of the project o Specific end points o Length of segme o Line drawings ■ Term of the project shall Nt a minimum identify and address the following: ■ Fiber and/or Duct R te, count, allocation and id ntific ■ Fiber and/or duct p ■ Responsibilities each Party ■ Ownership of th fiber and/or duct ■ Fiber and/or d ct maintenance responsibility o If th CITY or ImOn are not providing main ide tify the service provider and the servic a ivity and restoration times, in the event of a ■ Fiber re irs and restoration ■ Teleco munication Services related to the SUP ■ Proje t financials (costs and obligations) ■ Whi Party bears cost for future locates ■ W ch Party bears cost for future relocates of any additional parties involved ance and restoration, the amendment shall levels for advance notice of maintenance able cut 3.2 Amendments to Scope of Services and Specifications. The Partin agree that a Scope of Services document referenced in sections 3.1 and 3.1.1, and the specifications contained' therein, may be revised, replaced, 2 amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards only upon the mutual written consent of the parties. 3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for Single Mode Fiber") which is incorporated into this Agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, th Designated Fiber optic cable shall be burieA versus aerial, unless determined by mutual agreemen of the parties, to be more economically feasible for short sections; i.e. rock area. 3.4 The City and ImOn contact proce res are listed in Exhibit B, Maintenance Od Support Contacts and On Call Procedures, which are attached and in orporated into this Agreement by refere e. Upon the addition of each SUP Scope of Services document to the Ag eement pursuant to sections 3.1 and.1.1, the Parties shall review the information contained in Exhibit B and updat the information if necessary. 3.5 Non -Exclusive Rights. This Agreeme t is not exclusive. The City nd ImOn reserve the right to select other service providers or entities to provide services similar or identi I to the services referenced in this Agreement or set forth in the Scope of Services ocuments referenced in ections 3.1 and 3.1.1 of this Agreement during the term of this Agreement. 3.6 City Property. Except as provided in a sp ific project atta ment, ImOn shall not, and shall not permit others to, rearrange, disconnect, remove, attempt to pair, or othe ise tamper with any CITY property without the written consent of the CITY. The Parties agree that o party oth r than the CITY or a contractor under the direct supervision of the CITY shall be permitted to perform intenan a or splicing on the Fiber. 3.7 ImOn Equipment. ImOn shall have sole rest Equipment. The CITY shall not be responsible for the CITY shall not be responsible for the transmission or reo for the quality of, or defects in, such transmission or regO SECTION 4: COMPENSATION. 4.1 Payment Terms. Upon completion of a services, I provide under a SUP Scope of Services doc ent reference itemized invoices to the other Party that id tify the service: document and the amount claimed for the/services provided. paying the invoice in less than 60 days a provided in Iowa Cc shall not act as an implied waiver of to a Code. Any sums o% the invoice prior to submission. If e' er Party disputes the Party of the dispute within 30 days f receipt of the invoice. F the dispute is resolved. lity for installation, testing and operation of ImOn tion or maintenance of any ImOn Equipment. The of communications or signals by ImOn Equipment or uties and responsibilities that a Party is required to J in sections 3.1 and 3.1.1, each Party shall submit provided in connection with the Scope of Services ither Party may vary the terms of this provision by . However, an election to pay in less than 60 days e by the other Party shall be itemized and added to unt of any invoice, the Party will notify the other iy ent of the disputed amount may be withheld until 4.2 The Compensation s ction of each Scope of Services ocument incorporated into this Agreement via Amendment under section3 and 3.1.1 above, shall be reviewe thereafter every 36 months from the initial date of execution. 4.2.1 When rev' wing the Compensation section of each mendment the value of services (e.g., locate services, inter et bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by ImOn and CITY, both o -time and ongoing, shall be considered. SECTION 5: TER . This Agreement is effective upon signature of all Parties and will conte ue for ten (10) years or until either Party provides notice as detailed in Section 10. SECTION 6: COLLOCATION. To the extent that ImOn wishes to collocate equipment in any CITY facility, the Parties shall enter into a separate collocation agreement for each site. SECTION 7: EXCLUSION OF WARRANTIES. THE CITY MAKES NO WARRANTIES T ImOn OR ANY OTHER ENTITY, WHET ER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATIO , DESCRIPTION, QUALITY, MERCHA ABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VI ILITY, OR FITNESS FOR ANY PA ICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR HE SYSTEM, OR AS TO ANY OT ER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY XCLUDED AND DISCLAIMED. SECTION 8. INDEMNIFICATION. 8.1 To the fullest extent allowed by law, I On shall indemnify, defed and save the CITY, CITY officers, agents, employees and contractors from all clai , suits, losses/cost dam ,fines, penalties, liabilities and expenses (including CITY's actual and reasonable pe nn and overhnd attorneys' fees and other costs incurred in connection with claims, regardless of whether s ch claimsation) resulting from any actual or alleged injury (including death) of any person or from any tual or aof or damage to, any property to the extent arising out of or in connection with (i) ImOn's use o CITY cons equipment, facilities, or fiber (ii) ImOn's breach of its obligations hereunder. ImOn agrees t at the femnity specifically covers actions brought by its own employees. This indemnity with respect to cts orduring the Term shall survive termination or expiration of this Agreement. 8.2 Nothing contained herein shall operate as a liit ion on the right of either Party hereto to bring an action for damages against any third party, including indirect, pecial or consequential damages, based on any acts or omissions of such third party as such acts or omis ' s may affect the construction, operation or use of the Designated Fiber; provided, however, that each Pa y ereto shall assign such rights or claims, execute such documents and do whatever else may be reason ly n cessary to enable the other Party to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY. No ithstanding\ event shall either Party be liable to the other arty for any damages, whether foreseeable or not, arisin out of, or in co or any interruption or degradation of servic , including, but n( loss of profits or revenue, cost of capital, 96st of replacement by any construction, reconstruction, relo ation, repair or mail the other Party or any other cause ha never, including, witl negligence, or strict liability all claims f r which damages are I SECTION 10. TERMINATION. iy provision of this Agreement to the contrary, in no pecial, incidental, indirect, punitive or consequential nection with, transmission interruptions or problems, limited to, damage or loss of property or equipment, rvices, or claims of customers, whether occasioned Inance performed by, or failed to be performed by, :)t limitation, breach of contract, breach of warranty, 3r by specifically waived. 10.1 Termination for Cause. n the event a breach of this Agre ent occurs, the non -breaching Party may give written notice, pursuant to os n 11.8, to the Party that committed he breach, which notice shall advise that party of the specific facts and circu stances that constitute a breach of th Agreement and further advise the Party that it has thirty (30) days to cure o correct the breach. If the breach is not ured or corrected at the end of this thirty (30) day period, the non -breach' g Party shall have the right to terminate his Agreement at the end of a one hundred - eighty 180 day period, w ch period shall start upon written notice, elivered to the Party in breach pursuant to section 11.8, of the Party' intention to terminate the agreement in 180 qays. 10.2 Disposition of Tiber Optic Cable. If the CITY and ImOn are the my Parties within the fiber sheath and in the event that a Party lects to permanently terminate the use of its Desi nated Fiber referenced in any document that has been attach ,d to this Agreement or incorporated into this Agreeinent by reference, the cable sheath and associated components, splicing hardware and any installed underground conduit, all items previously described will be considered to be abandoned and ownership shall be offered to the' other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. 4 SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the Parties. All Amendments to this Agreement must be in writing and signed by both the CITY and ImOn. 11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the CITY and ImOn. 11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine afi matters arising out of or in connection with this Agreement without regard to the choice of law provisions of low aw. In the event any judicial proceeding is commenced in connection with this Agreement, the exclusive urisdiction for the proceeding shall be in Johnson County District Court for the State of Iowa, IowaCity, Iowa. T is provision shall not be construed as waiving any im unity to suit or liability including without limitation sovere' n immunity in State or Federal court, which may be avail le to the ImOn, the CITY, or the State of Iowa. 11.4 Integration. This Agreem nt, any Scope of Services document, Sched e, Addendum, Amendment, Rider or Exhibit attached to this Agree)pent or incorporated into this Agreement by Terence, represents the entire Agreement between the Parties and nei er Party is relying on any representatio hat may have been made which is not included in this Agreement. 11.5 Not a Joint Venture. Nothing i this Agreement shall be con rued as creating or constituting the relationship of a partnership, joint venture (or they as of any kin or agent/principal relationship) between the Parties hereto. No Party, unless otherwis specifically provided for erein, has the authority to enter into any be agreement or create an obligation or liability on half of, in the na of, or binding upon another Party to this Agreement. 11.6 Waiver. Any breach or default by either\are shall of be waived or released other than by writing signed by the other Party. Failure by either Party atme t equire performance by the other Party or to claim a breach of any provision of the Agreement shall noonst ed as affecting any subsequent breach or the right to require performance with respect thereto or to claih with respect thereto. 11.8 Notices. Any and all notices, designations, co nts, offers, acceptances or any other communication provided for herein shall be given in writing by registere or ertified mail, return receipt requested, or by receipted hand delivery, by Federal Express, courier, or others' filar a d reliable carrier, which shall be addressed to each Party as set forth as follows: If to the CITY: City of Iowa ity, Iowa City Clerk 410 E. W shington St. Iowa Ci , Iowa 52240 If to ImOn: /25 n Communications, LLC 1st St SE, Suite 250 ar Rapids, IA 52401 Each such notice shall be deeme to have been provided at the earliest oft a following: (a) at the time it is actually received; or (b) in the case of o rnight hand delivery courier or services su as Federal Express with guaranteed next day delivery, within one d y; or (c) in the case of registered U.S. Mail, w hin five (5) days; or when verified by automated receipt or electro c logs if sent by facsimile or email. From time o time, the parties may change the name and address of a P y designated to receive notice. Such change o the designated person shall be in writing to the other Party a as provided herein. 11.9 Cumulative ts. The various rights, powers, options, elections and remedies of either Party, provided in this Agreement, sh %e construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies o priorities allowed either Party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either Party may be entitled as a result of any breach of this Agreement. 5 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. 11.12 Authorization. Each Party to this Agreement represents and warrants to the other that it has the right, power and authority toe er into and perform its obligations under this Agreement and that itN s taken all requisite action (corporate, statuto , or otherwise) to approve execution, delivery and performance of is Agreement. This Agreement constitutes a I al, valid and binding obligation upon the parties in accordance wi its terms. 11:13- -Successors in Int est. All the terms, provisions, and conditions of the Agreem t shall be binding upon and inure to the benefit of thk parties hereto and are nontransferable to their respectiveuccessors, assigns, and legal representatives without t prior written consent of the other Party. 11.14 Counterparts and Fac a !mile Signatures. The parties agree that this A reement has been or may be executed in several counterpart each of which shall be deemed an origin and all such counterparts shall together constitute one and the sa a instrument. The Parties further ayreet the signatures on this Agreement or any amendment or schedule m be manual or a facsimile signathe person authorized to sign the appropriate document. All authoriz facsimile signatures shall havee force and effect as if manually signed. 11.16 Assignment and Delegation. either. Party to this Agr ment shall assign, transfer or convey this Agreement in whole or in part without theVicicy t oft other Party. SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideratioenants set forth above and for other good and valuable consideration, the receipt, adequacy andof which are hereby acknowledged, the Parties have entered into the above Agreement aneir duly authorized representatives to execute this Agreement. CITY OF IOWA CITY By. Printed name: Tide: Date: ImOn COMMUNICAI By: Printed name: -7 Tide: Date: 6 EXHIBIT A SPLICING, TESTING AND ACCEPTANCE STANDARDS for Single Mode Fiber 1. All splices will be performed with an industry -accepted fusion splicing machine as per CITY splicing specifications. 2. Splices will be qualified durinthe initial construction by the core alignmeriIsystem on the fusion splicer. 3. After end-to-end (site -to -site) c nectivity on the fibers, the installing co ractor will complete bi-directional span testing. These measurer is will be made after all cable installa on activities are complete for each span. Connectors will be cleane as necessary to ensure accurate m asurements are taken. • Installed loss measureme is at 1550nm will be recorded usi g an industry accepted laser source and power meter. Continui testing (checking for "froggin ' will be done on all fibers concurrently. • OTDR traces will be taken a 1550nm and splice loss me urements will be analyzed. Bell Core format will be used on all tra s, unless both parties agr to another OTDR format. • All testing, power levels and TDR traces will be Gond ted at 1550nm. • Installing Agency will pay for th testing at the 15501 el. • OTDR traces shall be saved in standard file nami convention. One set of OTDR traces will be ovided to each t CITY and the ImOn via electronic format. 4. The splicing standards are as follows: • The objective loss value of the con ector and is associated splice will be 0.50 dB or less. • The objective for each Fiber within spans II bean average bi-directional loss of 0.15 dB or less for each splice. For example, if a giv n sp has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices of .5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high to es. • The aforementioned standards are ob' tives, not the basis for acceptance. The acceptance standard for each Fiber per span sh b calculated as follows: Span Loss = a (span distance in kil et s) + b (0.15 dB/splice) + c (0.50 db/connector) Where: a = maximum fiber loss i dB per ometer for the specific fiber type/manufacturer at 1550nm b = number of splice I cations for th span c = number of conn tors for the spa 5. All connector splices will be proteed with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry ccepted splice enclos re will be used on all splices. NOTE: Single mode fiber shall mq6t the SMF -28 standard. If the fiber o be used is existing fiber, previously installed prior to 1996, the CITY ill require the manufacture date of th fiber to ensure compatibility with the balance of the associated fiber nd installation equipment. NOTE: As stated in 3.3.1, as general practice, the Designated Fiber opti cable shall be buried versus aerial, unless determined by mutu agreement of the parties, to be more economi Ily feasible for short sections; i.e. rock area. 7 EXHIBIT B Maintenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to provide pyints`of contact for purposes of efficient management of this Agreement, in accordance with the following. 1.1 ImOn's primary point of contact is Monday—Friday 8:OOPM to S:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: Name: Title: Email: Phone: 1.2. CITY primary point of contact is: ITS Monday—Friday 8:OOPM to 5:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: Name: Trent Hansen, Mike Harapat, or Alan Title: ITS Staff Email: netops@iowa-city.org Phone: (319)356-5411 1.3 The Parties shall provide notice of days by notification via written media. 1.4 Requests for service and inform< and/or received by ImOn employees by the proper contacts of both parties Phone Desk 1(3,79)356-5411 CITY Hg p Desk (319)356-5411 CITY brelp Desk (319)356-5411 in the respective point(s) of contact within 15 working sent by CI Y employees who are not specified point(s) of contact are not sp cified point(s) of contact in Section 1.2 will be verified ire action is taken. 2. Trouble Reporting and Resolution. The CITY shall provi procedures: 2.1 The CITY network is Fsk itored 24 hours per day, conditions. The CITY is operations and maintena CITY. The CITY Service D is the point of contact for relative to operations and management of the network: for the following trouble reporting and resolution days per week, for real-time status and alarm are applicable to all services delivered by the ruble reporting. Following are service standards 2.1.1 Network Surveillance. The CITY shall obse* monitor, analyze and report on all operations of the CITY Network. The CITY will identify network failures, troubles or degradation of service on the CITY fiber that is in use by the CITY. The CITY will notify the ImOn point(s) of contact of CITY network failures, troubles or degradation of service that will impact ImOn. When the CITY network experiences failures, troubles, or equipment degradation the CITY will locate the failure and dispatch t chnicians. 2.1. .1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10 mi utes of any trouble reported by ImOn, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. 2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet and firewall) will follow current CITY Standard Procedures for escalation and resolution. 2.2 Scheduled Maintenance Activities. L whose network traffic may be impaired business days before a routine schedu "Emergency Maintenance Window" is re possible. An emergency maintenance wi that is not performing to engineered st� altered for ImOn, every effort will be mad (via the CITY MaintList e-mail server systi as maintenance windows are schedule( telephone numbers for daytime and aft information for the CITY to add to the Mai Routine maintenance is scheduled to be restricted to any one day of the week or w amount of disruption of service to our cus CITY also reserves the right to perform ne of the CITY network. Any maintenance ac approved jointly with the affected custom within its own discretion, within the tim, guidelines also stated in this section, inclu( los expressly stated elsewhe in this Agreement, all Parties affected during the schedulep maintenance will be notified 3 d maintenance window will ke place. In the event that an uired, the CITY wi/reqest. n as much advanced notice as I ow is defined as rethat is required to restore service dards. If the schedntenance day or time needs to be to accommodate tht. The CITY will provide notification n) of scheduled ma activities to ImOn points of contact ImOn must providTY with valid contact names and -hours contact. Imalso submit their point of contact .List a -mail distributi. ked between a hours of 8:00 PM and 6:00 AM and is not end. The CI will make every effort to assure that the least ers as the r sult of maintenance work being performed. The ,k mainte nce as required for the common good of all users y that aff cts only one CITY customer will be scheduled and All oth maintenance work will be performed by the CITY mes ated within this section and within the notification the idelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or c4izgfi of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IOC). I will determine the location and call all utilities that may be affected. Based on the IOC notification, the I C will dispatch from the locate desk maintenance personnel to the affected site. Such maintenance pe onnel will verbally clear the situation, physically mark the location, and/or stand by the construction a uring digging. Measures to be used are determined by the proximity of the proposed digging to CITY/ m cable. 2.4 Notification of Service Impairment . If se ice disruptions or degradation of service of any type is detected through network surveillance the CI Y Service Desk will notify ImOn point of contact or ImOn Help Desk via phone or via written m dia, inclu ing electronic mail, on the disruption as soon as identified and affected customers are determi d. The CITY Service Desk will give updates on reported or detected service disruptions or degradation follows: 2.4.1 Customer updates ill be given as equested for Network Outages (including fiber cuts) and Platform Outages (i.e. ternet) during t e standard business hours of 8:00 AM until 5:00 PM Monday through Friday. The customer c n request continued updates for after hours if a contact name and telephone n mber is provided. 2.4.2 ImOn is requir d to notify the CITY ervice Desk at 319-356-5411, of any planned outages that will impact the/CITY and its ability to rovide service to ImOn or other authorized users. This notification must b provided at least 5 bus ess days before the work is to be done unless it is an emergency. 2.5 Due to the urgent ture, trouble calls shall be made to the CITY Service Desk via telephone: at 319-356-5411 or i service is unavailable through that number, alternatively to the Iowa City Police Department: 319-356- 75. (7 2.6 Customer Requested Escalations: 2.6.1 Other inquiries, including but not limited to billing, account history, status of service installation, and existing services in production, are to be addressed to ITS, City of Iowa City, 410 E. Washing Street, Iowa City, Iowa 52240 or cicnetops@iowa�city.org. 2.6.2 The CITY shall provi a for trouble and inquiry resol within 1 business day of an ImOn escalation request followed by written or eleronic confirmation of the up business days. 2.6.3 Other inquiries, as note in 2.6.1 above, within the CITY, the CITY and Imon s all mutually agree to 3 p as follows: The CITY shall respond updates, plans and/or resolutions plans and/or resolutions within 3 ness days after receipt of the inquiry by i the path to the inquiry resolution. 2.7 ImOn and the CITY will conduct perkdic review of pro lems and develop procedures for outage and problem discussion and service improve nt efforts. Exa pies include but are not limited to: chronic and recurring problems and major outages. Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 15-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ImOn COMMUNICATIONS, LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, ImOn Communications, LLC. desires to install a buried conduit system containing fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, the City of Iowa City desires to enter into an agreement with ImOn Communications, LLC providing for the continued use of the public right-of-way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into an agreement with ImOn Communications, LLC concerning the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and ImOn Communications, LLC to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at ImOn Communications' expense. Passed and approved this 10th day of November , 2015. ATTEST: � CITY CIERK � W141,410_ . I LVA 0 - Approved by .2&- fA, 4 City Attorney's Office p /N/�S Resolution No. 15-362 ]Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: )SAYS: ABSENT: ABSTAIN: Botchway x x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ImOn COMMUNICATIONS, LLC FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean ImOn Communications, LLC and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibits A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. Any such review, approval or plan modification shall be subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly modified, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. If the Network cannot make the requested modifications for whatever reason, the City is under no obligation to grant a permit. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION S. EXCAVATIONS The Network is authorized to make excavations in those City streets, avenues, alleys and public property shown on Exhibit A for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, a three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when it intends to abandon its facilities. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as -built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a 'default'), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither parry shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: Outside Plant (OSP) Manager 625 1t Street SE Suite 250 Cedar Rapids, IA 52401 319-261-4617 OSPManagerIowaCity@Imon.net In case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this 10th day of November , 2015. CITY OF IOWA CITY Imol By: Matthew J. Hayek, r Print Name Attest: 75 7«ifir/ City Cler Approved by: �wv A&-ntX-z,77f( &4&,1,_ City Attorney's Office ) I ( H I I; 1.1 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ICS` day of lJoVe rvt-2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Rsolution . No. j5 a(, ,_ and passed by the City Council, on the 10+h day of 2015, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: tiP s, KELLIE K. TUT FE �a T'Mr1is:°.:,nPlumber221819 ; Go 7mis .on Expires NETWORK ACKNOWLEDGMENT STATE OF:VQ ) "nn COUNTY � ss: On this day of , 2015, before me, pI , fpr _tile, date _ of, , Iowa, in and for said say that that person is tnec'�c a, instrument was signeda alf f the trustees and the said instrument to be the voluntary act and PENNY KAY SAILER Commission Number 775202 My Commkslon Expires October 08, 2018 in the undersigned, a Notary Public in county, personally appeared who being by me duly sworn did of said corporation and that said authority of its board of directors or ffiqwledged the execution of said on hy it \hluntarily executed. My commission expires: State st 1 1 _I— E tat SI —A mIjy s' 1O-- .- . N 41h Av i N LEGEND ImOn Communications, LLC IOWA CITY UNDERGROUND ImOn Aerial Network -------- ImOn Underground Network 6261st Street SE, sults 620 Ceder Rapids, IA 52401 dots; November 8, 20i5 author: V Brown N ® 0Wfi l"PWl*d ev=0(c dnn+am <TZ15) PAGE 1 OF 1 W E im tbm Gbrmy P S Pia Change.Od,. Nmkr fv Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 15-3 63 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1504 YEWELL STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing; WHEREAS, the property locally known as 1504 Yewell Street, Iowa City, Iowa ("the property") contains a single-family dwelling; WHEREAS, City staff first became involved with this property in February of 2012 when a complaint was received about a flooded out house; WHERAS, City staff believes that that the plumbing pipes had frozen, broken and then thawed, flooding the home; WHEREAS, a Servo Pro employee, who had been hired to do flood repairs, alerted City staff that there had been previous repair work done in the house which was not done correctly to code; WHEREAS, Servo Pro contacted the appropriate licensed contractors, and in March of 2012, the City issued permits for electrical and plumbing repairs, and in April of 2012, the City issued a permit to replace the furnace; WHEREAS, when doing inspections for these repairs, City inspectors noted that the north foundation wall was dangerously bowed and needed to be replaced; WHEREAS, the City sent a Notice of Violation to the property owner, and the property owner hired a contractor to do the repairs; WHERAS, in June of 2013, City inspectors verified that wall had been replaced, and the plumbing and electrical repairs were also completed; WHEREAS, during the time the house was initially damaged and repairs were being done, the owner was not living in the house; WHEEAS, in 2013, the City began to receive complaints about the condition of the property, specifically, tall grass and weeds, weeds obstructing the city sidewalk, sidewalk not shoveled during the winter and inoperable vehicles parked in the drive and on the grass; WHEREAS, between July of 2013 and June of 2015, the City had to hire contractors to mow the grass, remove vegetation obstructing the sidewalk, and remove snow; Resolution No. 15-363 Page 2 WHEREAS, the City sent the property owner invoices for the nuisance abatement expenses, and because the owner did not pay the invoices, the City assessed the costs against the property pursuant to Council resolutions; WHEREAS, currently, there is $952.51 in outstanding invoices for snow and weed removal for which the property owner has been invoiced; WHEREAS, the City turned off water service in February 2014 due to nonpayment; WHEREAS, in March of 2014, a tax sale certificate was purchased by Tax Partners, an investment company that buys tax sale certificates; WHEREAS, in November of 2014, the City sent the property owner a Notice of Violation that required registration of the property as a vacant property and an inspection; WHEREAS, because there was no response from the owner, the City issued a municipal infraction citation for failing to register a vacant building; WHEREAS, the owner did not appear or contest the citation, and in an order entered on January 29, 2015, the court found the property to be a nuisance for violation of Section 6-1-5 of the City Code, City of Iowa City v. Donohoe, Johnson County No. ICCISC086727; WHEREAS, the court further ordered the owner to register the vacant building, pay the fees, and schedule an inspection, and the owner has not complied with the court order; WHEREAS, in March 2015, a City inspector went out to property, found the exterior to be in a deteriorated and neglected state and observed two cars full of garbage with expired plates still parked on the drive way; WHEREAS, because the house had broken windows, staff was concerned about how secure the property was, and on March 31, 2015, City staff applied for a search warrant to enter the house to determine the exact condition of the property; WHEREAS, the court authorized the search warrant, and on April 2, 2015, City building inspectors and Police and Fire Department personnel entered the property; WHEREAS, staff observed that the owner appeared to have simply walked out of the house two years ago and never looked back, many rooms were full of junk and salvage as well as half packed boxes, mail was on the kitchen table, and kitchen cupboards and the refrigerator were still full of food; WHEREAS, because the power was still on, the Fire Department turned off the gas as a precautionary measure; WHEREAS, City staff mailed the property owner copies of the search warrant documents, and the property owner contacted City staff in April 2015 and indicated that she would consider selling the property to the City; WHEREAS, the City requested a formal appraisal from Furhmeister Appraisal, and on August 10, 2015, the City mailed a formal written offer to the owner to purchase the property for the appraised value along with a copy of the appraisal, and the property owner has never responded; WHEREAS, it is the opinion of City staff that the house can be saved and rehabilitated; Resolution No. 15-363 Page 3 WHEREAS, the property has become a serious detriment and hazard to the neighborhood and is a public nuisance; WHEREAS, the owner has not demonstrated any intent to bring the property into compliance with the City Code; and WHEREAS, absent intervention, it is highly likely that the property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house may no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 1504 Yewell Street, Iowa City, Iowa is a public nuisance. 2. It is in the public interest of the City of Iowa City to acquire the property for the public purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of the property. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of the property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of the property. Passed and approved this 10th day of November '2015. MAYOR Approved by ATTEST: CITY OLERK City Attorney's Office Resolution No. 15-363 ]Page 4 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton r 11-10-15 0 CITY OF IOWA CITY 10 MEMORANDUM DATE: 11/3/2015 TO: City Council FROM: Susan Dulek, Assistant City Attorne RE: 1504 YEWELL STREET ��77"" On the November 10 agenda is a resolution authorizing acquisition of 1504 Yewell Street because it is a nuisance property. Attached are copies of fifteen (15) photographs of the property taken by City building inspectors on April 2, 2015 during the execution of a search warrant. Also attached is a copy of a letter from me to the property owner dated October 21, 2015 informing her that City Council will be considering the resolution at the November 10 meeting and providing her with a copy of the proposed resolution. Attachments Copy to: Thomas M. Markus, City Manager -w/o aft. Geoff Fruin, Ass't. City Manager -w/o aft. Marian K. Karr, City Clerk-w/att. Eleanor M. Dilkes, City Attorney -w/o aft. Doug Boothroy, Director of HIS -w/o aft. Jann Ream, Building Specialist -w/o aft. 35tH N ,Il 3 10 2015 504 Yc,,011 Yaniznr 1504 Ye"ell St 3/20,12015 Ilk . ;7f A; 1504 YO,ell 411/1015 Ilk . ;7f w Va 4 B "ry!I �� _3�wa� �._l�' { vitt: !�' .t �< t¢- � � � ` �� �� d ,?. : . �. .,, October 21, 2015 Ms. Cynthia M. Donohoe 610 W. Summit Street Payson, AZ 85541-4750 and 1504 Yewell Street Iowa City, IA 52245 Dear Ms. Donohe: FILE COPY ,� � I CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org I am writing to notify you as the owner of record of 1504 Yewell Street that the Iowa City City Council will be considering the enclosed resolution at its meeting on November 10, 2015. The City Council meeting begins at 7:00 p.m. The meeting location is Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa. If you, or any member of the public, wishes to address City Council on the proposed resolution, that person is invited to come to the November 10, 2015 City Council meeting. The owner, or any member of the public, may also contact City Council in writing prior to the meeting by sending communication to the City Clerk, 410 E. Washington Street, Iowa City, IA 52240 or email at council e Iowa-city.org or via fax at 319/356-5497. Sincerely, Susan Dulek Assistant City Attorney Enc. Copy to: Jann Ream-w/enc. Doug Boothroy-w/ enc. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1504 YEWELL STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Section 364.12A of the Iowa Code, a municipality building found to be a public nuisance and take title to the property f of the property by conveying the property to a private indivi u demolition and construction of housing; WHEREAS, the property locally contains a single-family dwelling; WHEREAS, City staff first became involved with this complaint was received about a flooded out house; WHERAS, City staff believes that that the flooding the home; residential ing for property") broken and then thawed, WHEREAS, City staff was alertedkb NemployAefwho had been hired to do flood repairs, that there had been prev'p e inhouse which was not done correctly to code; WHEREAS, Servo Profeelectric c ap riate licensed contractors, and in March of 2012, the City issued permits s p repairs, and in April of 2012, the City issued a permit to replace the fu; `hese repairs, City inspectors noted that the north and needed to be replaced; of Violation to the property owner, and the property owner 073, City inspectors verified that wall had been replaced, and the I repairs were also completed. WHEREAS, duib the time the house was initially damaged and repairs were being done, the owner was not riving in the house; WHEEAS, in 2013, the City began to receive complaints about the condition of the property, specifically, tall grass and weeds, weeds obstructing the city sidewalk, sidewalk not shoveled during the winter and inoperable vehicles parked in the drive and on the grass; WHEREAS, between July of 2013 and June of 2015, the City had to hire contractors to mow the grass, remove vegetation obstructing the sidewalk, and remove snow; Resolution No. Page 2 WHEREAS, the City sent the property owner invoices for the nuisance abatement expenses, and because the owner did not pay the invoices, the City assessed the costs against the property pursuant to Council resolutions; WHEREAS, currently, there is $952.51 in outstanding invoices for snow and weed removal for which the property owner has been invoiced; WHEREAS, the City turned off water service in February 2014 due to nonpayment; WHEREAS, in March of 2014, a tax sale certificate was purchased by Tax Partners, an investment company that buys tax sale certificates; WHEREAS, in November of 2014, the City sent the property owner a required registration of the property as a vacant property and an insp WHEREAS, because there was no response from the owner, infraction citation for failing to register a vacant building; ,, WHEREAS, the owner did not appear or contest the c January 29, 2015, the court found the property to be the City Code, City of Iowa City v. Donohoe, Johnson WHEREAS, the court further ordered the of and schedule an inspection, and the owner WHEREAS, in March 2015, a City i deteriorated and neglected state parked on the drive way; WHEREAS, because the the property was, and o house to determine the that on n 6-1-5 of building, pay the fees, court order; ty, found the exterior to be in a garbage with expired plates still windows, staff was concerned about how secure s aff applied for a search warrant to enter the operty; i warrant, and on April 2, 2015, City building personnel entered the property; e owner appeared to have simply walked out of the house two many rooms were full of junk and salvage as well as half kitchen table, and kitchen cupboards and the refrigerator were the power was still on, the Fire Department turned off the gas as a WHEREAS, City staff mailed the property owner copies of the search warrant documents, and the property owner contacted City staff in April 2015 and indicated that she would consider selling the property to the City; WHEREAS, the City requested a formal appraisal from Furhmeister Appraisal, on August 10, 2015, the City mailed a formal written offer to the owner to purchase the property for the appraised value along with a copy of the appraisal, and the property owner has never responded; WHEREAS, it is the opinion of City staff that the house can be saved and rehabilitated; Resolution No. Page 3 WHEREAS, the property has become a serious detriment and hazard to the neighborhood and is a public nuisance; WHEREAS, the owner has not demonstrated any intent to bring the property into compliance with the City Code; and WHEREAS, absent intervention, it is highly likely that the property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house may no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF �WA CITY, IOWA: 1. The property locally known as 1504 Yewell Street, Iowa 2. It is in the public interest of the City of Iowa City to a the perty h ublic purpose of disposing of the property by conveyin the p rt pr' at dividual for rehabilitation or for demolition and construction sing. W 3. The City Manager, or designee, in consultatio Aft s office, is authorized and directed to establish, on alf nt the City believes to be just compensation for the propert ired,ZJ ake an offer to purchase the property for the established fair arket val 4. The City Manager, or design e ' authoriz and directed to negotiate the purchase of the property. 5. In the event negotiation is upon direction of t effectuate the Du Kase o necessary actions compl ATTEST: CITY CLERK the Mayor and City Clerk are hereby authorized, execute and attest all documents necessary to The City Attorney is hereby directed to take all actions, as required by law. e acquired by negotiation, the City Attorney is hereby condemnation proceedings for acquisition of the day of , 2015. MAYOR Approved by City Attorney's Office Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-364 RESOLUTION DISQUALIFYING PERSONS WHO HAVE ADMITTED GUILT OR LIABILITY OR BEEN ADJUDICATED GUILTY OR LIABLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING OF COMMITTING A REPEATED OR WILLFUL VIOLATION OF THE IOWA WAGE PAYMENT COLLECTION LAW, THE IOWA MINIMUM WAGE ACT, THE FEDERAL FAIR LABOR STANDARDS ACT OR COMPARABLE STATE STATUTES OR LOCAL ORDINANCES FROM ENTERING INTO CONTRACTS WITH THE CITY AND FROM RECEIVING ANY DISCRETIONARY ECONOMIC DEVELOPMENT ASSISTANCE. WHEREAS, both state and federal laws require the payment of wages earned to employees; and WHEREAS, the Iowa Wage Payment and Collection Law set forth at Chapter 91A of the Iowa Code governs how and where wages are to be paid and what deductions an employer may withhold, and the Iowa Minimum Wage Law set forth at Chapter 91 D prescribes minimum wage requirements as do comparable laws in other states and localities; and, WHEREAS, the federal Fair Labor Standards Act (FLSA), 29 U.S.C. 210, et seq., prescribes standards for wages and overtime pay that affect most public and private employers; and, WHEREAS, the Iowa Division of Labor is responsible for the enforcement of Iowa Code Chapters 91A and 91 D and the Wage and Hour Division of the federal Department of Labor is responsible for the enforcement of the FLSA; and, WHEREAS, "wage theft," which includes the failure to pay overtime, failure to pay minimum wage, misclassification of employees as independent contractors, illegal deductions from paychecks, working off the clock, keeping employees' tips and gratuities and failing to pay at all, has been identified as a problem by members of the Iowa City community; and, WHEREAS during the 2015 legislative session Senate File 270, which provided greater protection against wage theft and additional enforcement, passed the Iowa Senate but failed to make it out of committee in the House; and, WHEREAS, the City of Iowa City, as an employer, is governed by and abides by laws governing the payment of wages and expects those with whom it contracts and to whom it provides discretionary economic development assistance to do the same; and, WHEREAS, the City Council of the City of Iowa City wishes to assure that City funds are not used to support persons who have committed wage theft. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT AS OF JANUARY 1, 2016: 1. A person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, shall be ineligible to enter into any contract for goods, services or public improvements (hereinafter "contract") with the City in excess of $25,000 for a period of five years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. 2. A person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages is not a "responsible bidder" to whom a contract for a public improvement may be awarded pursuant to Chapter 26 of the Iowa Code for a period of five years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. Resolution No. 15-364 Page 2 3. A person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, shall be ineligible for any discretionary economic development assistance from the City of Iowa City for a period of five years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. 4. The City shall obtain an affidavit from any person or entity with whom the City intends to enter into a contract in excess of $25,000 or provide discretionary economic development assistance, certifying that the person or entity seeking to do business with the City or obtain discretionary economic development assistance from the City, and any owner of 25% or more of said entity, has not admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five years prior to the award of the contract or discretionary economic development assistance. 5. For contracts entered into or discretionary economic development assistance awarded after the effective date of this resolution, if the City becomes aware that a person or entity (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the 5 year period prior to the award or at any time after the award, such violation shall constitute a default under the contract or the agreement for economic development assistance. 6. If a person or entity is ineligible to contract with or receive discretionary economic development assistance from the City hereunder it may submit a request in writing indicating that one or more of the following actions have been taken: a. There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the violation(s); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default; or d. Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. 7. If a person or entity is ineligible to contract with or receive discretionary economic development assistance from the City hereunder, the City Manager or Designee may submit a recommendation to the City Council that it is in the best interests of the City to enter into the contract or provide discretionary economic development incentives to the ineligible person or entity. The City Council will then determine whether to accept the City Manager's recommendation and make an exception. If an exception is granted, such exception shall apply to that contract or economic development incentive only. 8. This resolution shall not be applicable to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. Passed and approved this 10th day of November , 20 15 Resolution No. 15-364 Page 3 ATTEST: 'e—xi CITY CtERK MAYOR roved ibZD3��=. City Attorney's Office Resolution No. 15-364 Page 4 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AWES: DAYS: ABSENT: x Botchway x Dickens X Dobyns x Hayek x Mims x Payne X Throgmorton City of Iowa City MEMORANDUM Date: November 3, 2015 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Resolution Prohibiting City from Contracting With or Providing Economic Development Assistance to Persons Guilty of Wage Theft. Introduction Included in the Council information packet of July 23, 2015 was my memo to you entitled Wage Theft — Cook County Ordinance. In that memo I concluded: The City Council has the legal authority to enact legislation to require that person/entities with whom the City contracts or provides discretionary tax incentives be free of any willful or repeated violation of the Wage Payment Collection Act, the Iowa Minimum Wage Act, the federal Fair Labor Standards Act and other comparable state statutes. At your work session on July 27, 2015 the Council directed me to prepare such legislation. Resolution The resolution on your November 10, 2015 agenda is patterned after the Cook County ordinance: 1. A "repeated or willful' violation results in disqualification from City contracts or economic development assistance. 2. The period of disqualification is 5 years. 3. Violations of Iowa law, federal law, and comparable state laws regarding the payment of wages trigger disqualification. The proposed resolution adds local laws to the list. 4. The contracting entity must complete an affidavit showing no violation within the last 5 years; false representations are a default under the contract or the development agreement. 5. Exceptions can be granted by Council upon a showing that the violator has taken remedial action to fix the problem or a recommendation by the City Manager that it is in the best interests of the City to enter into the contract or provide economic development assistance notwithstanding the violation. 6. Violations by owners of an interest of 25% or more in the contracting entity or entity receiving economic development assistance are included in the prohibition. November 3, 2015 Page 2 The Cook County ordinance is one of many sections in Cook County's procurement code that may affect the ordinance's interpretation and application. The proposed resolution differs from the Cook County ordinance, on its face, in the following respects: 1. It is a resolution not an ordinance. Under Iowa law ordinances are laws regulating the behavior of others whereas resolutions are statements of policy or council orders for actions to be taken. This legislation falls into the latter category. 2. "Contract" is defined as a contract for the purchase of goods and services and public improvements. This clarification is necessary because the City enters into many agreements/contracts (e.g. subdivision agreements, purchase, lease and easement agreements) 3. The proposed resolution applies to contracts in excess of $25,000. The City's operating departments engage in numerous transactions for the purchase of goods and services every day. City staff recommends $25,000 as the threshold for a number of reasons. First, it is consistent with the City's contract compliance program which requires written assurances of compliance with equal opportunity and non-discrimination requirements from all contractors, vendors and consultants with contracts of $25,000 or more. Second, the threshold is consistent with the City's purchasing policies, which require a formal competitive process overseen by the Purchasing Division for purchases in excess of $25,000. Third, while the formal competitive quotation and bid thresholds for "public improvement" projects are, by state law, higher than $25,000, the City's contract compliance policy applies to public improvement contracts in excess of $25,000. Finally, for some contracts (e.g. construction) it is likely that the contracting entity has employees. 4. Because state law requires that public improvement projects be awarded to the lowest "responsible" bidder, the resolution includes a provision that one guilty of wage theft within the parameters of the resolution will not be considered a "responsible" bidder. 5. The resolution is not applicable to emergency purchases or public improvements, sole source contracts, cooperative/piggyback purchasing or contracts with other governmental agencies. These are exceptions to the formal competitive process required by the purchasing policies. Emergency work also is an exception to the state law public bidding requirements for public improvements. Emergency contracts are those in response to unexpected and urgent needs, where health and safety or the conservation of public resources is at risk. They are rare and must be approved by the City Manager. Sole source contracts are those where only one good or service meets the City's needs and there is only one vendor who supplies the good or service. Under the purchasing policies sole source requests must be approved in writing by the City Manager and City Attorney. Cooperative/piggyback contracts are those such as the Iowa DOT's annual rock salt request for bid. The City participates but the process is governed by state procurement requirements. November 3, 2015 Page 3 Recommendation. The City Manager and affected departments have reviewed the proposed resolution and support its implementation. The resolution included in your agenda has an effective date of January 1, 2016. If the resolution passes this will give staff time to get the necessary documentation and processes in place to implement the requirements. Cc: Tom Markus, City Manager Geoff Fruin, Assistant City Manager Marian Karr, City Clerk Ron Knoche, Public Works Director Dennis Bockenstedt, Finance Director