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HomeMy WebLinkAbout2008-03-11 ResolutionM~ 2c 5 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-65 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: First Avenue Club - 1550 First Avenue Passed and approved this 11th day of M h , 24 08 M R Approved by ATTEST:~~ ~~ ~ - ~~.~ ~ ~~ CIT LERK City Attorney's Office i~ ~>/s~ It was moved by Champion. and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia x Hayek ~ O'Donnell _ x Wilburn _~ Wright ~ 2a ~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO 08-66 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 1, 2008 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately four percent (4%) for billing on or after July 1, 2008, to adequately finance operational costs; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5, entitled, "Solid Waste Disposal," of the City Code to increase Residential Solid Waste Collection fees, is to be held on the 1St day of April, 2008, at 7:00 p.m., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 11th day of March , 2008. ATTEST: ~? ~~~~~±-~../'J CI--TY~C~LERK City Attorney's Office f in ad m\res\sol idwaste. doc Resolution No. 08-66 Page 2 It was moved by Champion and seconded by writ;ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X X x ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc us-~ ~ -uzs ~ ~ 2d 2 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 08-67 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires the adoption of a Public Housing Admissions and Continued Occupancy Policy (ACOP). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing for the adoption of the Iowa City Housing Authority's Admissions and Continued Occupancy Policy (ACOP) is set for 7:00 PM, April 1, 2008, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the adoption of ACOP. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development Passed and approved this i i th day of rrar~h , 20~~ ATTEST: ~~ hG,r~~-L~ ~ ~~~h~ CIT LERK '- MAY~Q Approved by ~ ~~ City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x ~_ -~ --~- NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 3 - 3 ~-©&~ HisassUres/acop4-1-08stpubhrg.doc 2d 3 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 08-68 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires the adoption of a Housing Choice Voucher (HCV) Administrative Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing to adopt the Iowa City Housing Authority's Housing Choice Voucher (HCV) Administrative Plan is set for 7:00 PM, April 1, 2008, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the adoption of HCV Administrative Plan. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development Passed and approved this 11th day of March , 20_Q~. ATTEST: -?c.% CITY -ERK c MAY Approved by 3 -3 ~~ ~ City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x -~ -~-- .~_ ~_ ~.- Bailey Champion Correia Hayek O'Donnell Wilburn Wright H isasst/reslhvcA-1-08stpubhrg.doc I~/ It41 V Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 08-69 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. UJ- i i -UG WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 11:00 a.m. on the 22nd day of April, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 29t day of April, 2008, or at a special meeting called for that purpose. Passed and approved this 11th day of ATTEST: ~tc~:c~ ~ ~~ CIT ERK 20 08 Hpprov~ea? ray tJ~+~.~~ City Attorney's Office 3- S-o ~ pwengl\reslapprove plans sr ctr boiler.doc Resolution No. ns-6g Page ~_ It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ x x X ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-70 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, AND 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, The North Airport Development Subdivision Part Two includes commercial Tots which have been marketed for sale to the general public; WHEREAS, the City has negotiated a purchase agreement with ITC Midwest LLC, a copy of which agreement is attached, that requires City Council approval; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached purchase agreement with ITC Midwest LLC is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 11th day of march _, 2008. ATTEST: CITY LERK City Attorney's Office 3-S-o8' Resolution No. 08-70 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: -~ x -X X ~_ x -~ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Purchase and Sale Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE PURCHASE AND SALE AGREEMENT) TO: City of Iowa City, an Iowa municipal corporation (hereinafter "City"). ITC Midwest LLC, a Michigan limited liability company (hereinafter "Buyer"), hereby offers to buy all the City's right, title and interest in the real estate legally described as follows: (legal description attached) together with all the City's right, title and interest in all Improvements, if any, located on the above- described real estate, and under any easement and servitudes for the benefit of the City, free and clear of all liens, encumbrances, reservations, exceptions and modifications except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances. 2. Subject to covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. The purchase price shall be $1,610,000.00 (the "Purchase Price"), paid as follows: $10,000.00 (the "Deposit") with this offer to be deposited within five (5) days after acceptance of this offer, in escrow with Fidelity National Title Insurance Company, Attention: Mr. Donald E. Rysztak, 39533 Woodward Avenue, Suite 330, Bloomfield Hills MI 48304 and to be paid to the City at the time of closing and transfer of possession and the balance payable in full at the time of closing and transfer of possession. 2. ABSTRACT AND TITLE. City shall promptly deliver to the Buyer for examination an abstract of title for the Property, continued to a date subsequent to the- date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in City, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the City. City shall cause any Title Objections to be cured in a manner satisfactory to Buyer prior to closing. Should the City fail to cure such Title Objections, Buyer shall have the right to terminate this Agreement and receive a refund of the Deposit or to waive such Title Objections. The City shall pay all costs required to deliver marketable title to the Property and City shall pay the cost of any additional abstracting and/or title work due to acts or omissions of City, including transfers or death of City or assigns. At closing the abstract shall become the property of the Buyer when the Purchase Price is paid in full. Notwithstanding anything to the contrary contained in this Agreement, Buyer shall have the right to obtain an ALTA Owner's Title Insurance Policy with respect to the Property at its BH01-#850807-v3-ITC IOWA IOWA CITY PURCHASE_AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 2 sole cost and expense. City agrees to execute any and all usual and customary affidavits and documents necessary, and to assist Buyer in satisfying all reasonable requirements for the issuance of such policy should Buyer elect to obtain same. 3. DEED. At the time of closing and upon payment of the Purchase Price, City shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances. 4. POSSESSION AND CLOSING. Subject to the Buyer's and City's .timely performance of all obligations herein, closing shall be held at a time mutually agreed upon by City and Buyer, no later than sixty (60) days after formal approval of the agreement by the City Council of Iowa City pursuant to paragraph 16 of this agreement (the "Closing Date"). Notwithstanding the foregoing, Buyer shall have the right to waive all contingencies and accelerate the Closing Date to a date that is fifteen (15) business days after written notice of such election from Buyer to the City. On and after the Closing Date and upon payment of the Purchase Price, the Buyer shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 5. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from City regarding the condition of the property or improvements thereon. Within thirty (30) of formal approval of this agreement by the City Council for City pursuant to paragraph 16 of this agreement ,the Buyer, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property and conditions related to the Property, including but not limited to surveys, soil tests, well water tests and/or reports, environmental studies, review of zoning and/or other applicable legal regulations, costs of development, as it deems reasonable or necessary prior to closing. The City hereby grants the Buyer, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any environmental deficiencies, including hazardous materials, substances, conditions, or waste. Buyer shall indemnify and hold harmless City from and against 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 Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. If Buyer determines that the Property is unsatisfactory for any reason in Buyer's sole discretion, Buyer shall have the right (i) to terminate this Agreement and receive a refund of Deposit or (ii) to notify City in writing of any such deficiency. Failure to do so in writing within forty-five (45) days of approval of this agreement by the City Council for Iowa City pursuant to paragraph 16 of this agreement shall be deemed a waiver of Buyer's termination, inspection and repair rights. In the event of any claim or demand by Buyer as a result of inspections, City shall declare and commence one of the following options: (a) curing the deficiency in a manner satisfactory to Buyer in Buyer's reasonable discretion, or (b) if acceptable to Buyer in Buyer's sole discretion, Buyer and the City shall amend this agreement by giving Buyer a credit for the cost of curing the deficiency, or (c) terminate this Agreement and return the Deposit to Buyer. If prior to the Closing Date City does not promptly cure all such deficiencies in a manner mutually agreeable to the Buyer and City, then Buyer may declare this offer null and void. 6. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and City shall deliver it intact at the time possession to the Buyer is given. All risk of loss or BH01-#850807-v3-ITC IOWA IOWA CITY PURCHASE AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 3 damage to the Property is on City until the Buyer takes possession. Prior to possession by the Buyer, City shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either; (1) take possession of the Property and accept an assignment of all City's right, title and interest in and to any claims City has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that therehas been no material change in the condition of the property except those mutually agreed upon. 7. TAXES. City shall pay apro-rata share of any current taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2008. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. Except as set forth above, the City shall pay any taxes which are lien against the Property prior to the Closing Date. 8. REMEDIES OF THE PARTIES. In the event of default hereunder, Buyer and City is entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 9. SPECIAL ASSESSMENTS. City shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 10. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 11. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 12. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 13. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 14. AGENCY DISCLOSURE. City is represented in this transaction by real estate agent Peggy Slaughter of NAI Iowa Realty Commercial. Buyer is represented in this transaction by real estate agent Morey Knutsen of Grubb & Ellis Mid-West America. 15. 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 posted by Certified Mail. Such notices to City shall be sent or delivered to City of Iowa City, BH01-#850807-v3-ITC_IOWA IOWA CITY PURCHASE AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 4 Attn. City Manager, 410 E. Washington St., Iowa City, Iowa, 52240. Such notices to Buyer shall be sent or delivered to: Christine Mason Soneral Esq. Vice President & General Counsel ITC Midwest LLC 39500 Orchard Hill Place, Suite 200 Novi MI 48375 Phone: (248) 374-7889 Fax: (248) 374-7135 With copy to: Adam M. Fishkind Dykema Gossett PLLC 39577 Woodward Avenue Bloomfield Hills, MI 48304 Phone (248) 203-0749 Fax: (248) 203-0763 16. IOWA CITY COUNCIL APPROVAL. City's obligations under this agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa. City shall seek said approval promptly after acceptance of execution of this agreement by the City Manager on behalf of the City. 17. ZONING. This agreement is conditioned upon the approval of the rezoning of the Property to CI-1 (Intensive Commercial Zone), pursuant to Iowa City City Code section 14-2C-1 prior to closing. The rezoning application and process shall. be at Buyer's cost. Buyer and Seller acknowledge and agree that any and all contingencies regarding rezoning or resubdivision of the property must proceed in compliance with the governing zoning ordinances of the City of Iowa City and statutes of the State of Iowa and in compliance with all processes required by the laws of the City of Iowa City and the State of Iowa. Buyer acknowledges and agrees that Seller cannot ensure or contract for any specific result with respect to said rezoning or resubdivision. If the rezoning and/or resubdivision described as contingencies is not obtained on or before the Closing, this Agreement shall, at Buyer's option, terminate and be of no further force or effect, and the Deposit and any interest earned thereon returned to Buyer, or Buyer shall waive said contingencies and proceed with the Closing. However, Buyer acknowledges and agrees that this is their only remedy under this agreement and Buyer does not have the right to specific performance of either of these contingencies. 18. TIME FOR ACCEPTANCE. If this offer is not accepted by the Interim City Manager on behalf of the City on or before 5:00 P.M. on March 17, 2008 it shall become void and all payments shall be returned to Buyer. 19. REPRESENTATIONS OF CITY. City represents and warrants to Buyer that the following matters are true as of the date hereof and shall be true as of the Closing Date: BH01-#850807-v3-ITC IOWA IOWA CITY PURCHASE_AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 5 (a) Authority. The execution and delivery of this Agreement by City, and the performance of this Agreement by City, have been duly authorized by City, and this Agreement is binding on City and enforceable against City in accordance with its terms. Except as otherwise provided herein, no consent of any creditor, investor, judicial or administrative body, governmental authority, or other governmental body or agency, or other party to such execution, delivery and performance by City is required. (b) Litigation. City has not received any written notice of any pending or threatened judicial, municipal or administrative proceedings materially affecting the Property, or in which City is a party to by reason of City's ownership of all or any part of the Property. (c) Condemnation. City has no actual knowledge of a pending condemnation or other governmental taking proceedings affecting all or any part of the Property. (d) Contracts. City has not entered into any contracts or agreements for the service, maintenance, and operations contracts with respect to the Property, which shall be binding upon Buyer or the Property (the "Service Contracts") after the Closing. City shall terminate, at City's sole expense, any existing Service Contracts prior to Closing. (e) Lease. There are no leases or other occupancy agreements in effect with respect to the Property. (f) Compliance with Laws and Codes. City has not received any written notice advising or alleging that the entirety of the Property (including the Improvements), and the use and operation thereof, are not in compliance with all applicable municipal and other governmental laws, ordinances, rules, regulations, codes (including Environmental Laws), licenses, permits and authorizations, and to City's best knowledge and belief (without duty to investigate), there are presently and validly in effect all licenses, permits and other authorizations necessary for the use, occupancy and operation of the Property as it is presently being operated. (g) Re-Zoning. With the exception of Buyer's intent to apply for a rezoning of the Property, City is not a party to, nor does City have any actual knowledge of, any threatened proceeding for the rezoning of the Property or any portion thereof This Offer is presented to the City on this March 3, 2008. BUYER: ITC MIDWEST LLC By: ITC Holdings Corp., its Sole emb r ~I/, ~`, Christine Mason Soneral Vice President & General Counsel-Utility Operations BH01-#850807-v3-ITC_IOWA_IOWA CITY_PURCHASE AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 6 r~ This offer is accepted this ~f ~OD (A.M. .M ) CITY: CITY OF IOWA CITY, IOWA r BY: Dale E. Helling nter' City Hager day of ~ ~~ ~ at BH01-#850807-v3-ITC IOWA IOWA CITY PURCHASE AGREEMENT_FROM_CITY.doc Purchase and Sale Agreement Page 7 LEGAL DESCRIPTION Lots 2, 3, and 4 and Outlots 2A, 3A, and 4A of the North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4, Iowa City, Iowa according to plat thereof recorded in Book 45, Page 91, plat records of Johnson County, Iowa. BH01-#850807-v3-ITC_IOWA IOWA CITY PURCHASE AGREEMENT_FROM_CITY.doc M k~ Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 08-71 RESOLUTION SUPPORTING THE SAND LAKE RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the City of Iowa City has heretofore acknowledged the importance of developing this park and recreation area; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said project for the citizens of Iowa City and beyond; and WHEREAS, the City Council has appropriated $4,850,000 in General Obligation Bonds and the General Fund to assist with the acquisition and development of this unique area; and WHEREAS, the Iowa Department of Economic Development has grant funds available through its "Community Attraction and Tourism (CAT)" program; and WHEREAS, the City of Iowa City has prepared a grant application in the amount of $2,000,000 for submission to the Iowa Department of Economic Development which now requires approval and directive by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that. the above-described "CAT' grant application has the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this 11th day of ATTEST: CITY ERK 20 os c Approv d by City Attorney's Office alb d~ It was moved by Wilburn and seconded by .orrei a the Resolution be adopted, and upon roll call there were: AYES: x x_ .~_ ~_ x X' x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Parksrec/res/sand lake cat.doc us- i _i -uu 9 city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: City Council FROM: Terry Trueblood, Parks and Recreation Director Dr1TE: March 5, 2008 RE: CAT Grant Executive Summary On the agenda for your March 11 cn meeting is an item to consider a resolution approving our submission of a grant application to the Iowa Department of Economic Development for the Sand Lake Recreation Area project. This is a Community Attraction and Tourism (CAT) Grant in the amount of $2,000,000. I will be attending your work session to answer any questions you might have, but I also want you to know that the entire application is nearly complete, and is on file in my office should you or anyone else like to review it. March 4, 2008 Vision Iowa /CAT Grant Program Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309-1819 Re: EXECUTIVE SUMMARY COMMUNITY ATTRACTION AND TOURISM GRANT REQUEST SAND LAKE RECREATION AREA CITY OF IOWA CITY, IOWA Ladies and Gentlemen: The City of Iowa City has acquired the S&G Materials Sand and Gravel site located west of Gilbert Street at the very south edge of the city. The City is also in the process of acquiring an additional 30-acre parcel immediately west, thus connecting the newly acquired parkland to the Iowa River. This area is designated to become the Sand Lake Recreation Area. Sand Lake Recreation Area has been the site of a sand and gravel operation for many years. With the new addition the area comprises approximately 188 acres situated on the east side of the Iowa River at the south edge of Iowa City. Sand and gravel operations have resulted in a lake on the site -fed by the Iowa River groundwater ecology - of approximately 95 acres. Recent soundings suggest that the average depth of Sand Lake is approximately seven to nine feet based on USGS elevations for normal water level. (USGS map of Sand Lake and the soundings completed by Snyder & Associates, Inc. are included in Tab D) As the District Plan for the South District -approved in 1997, which encompasses this area, states - "planning for new neighborhoods in the South District will respect environmentally sensitive areas by protecting "the urban forest, the Iowa River and its environs, open space and wildlife habitat," by securing "a balance between natural areas and development," and supporting 'acquisition and ecological management of watersheds, floodplains, wetlands and greenways." Wooded wetlands and floodplains within the Iowa River Corridor and the Snyder Creek Bottoms are significant environmental features in the South District. It goes on to say "a regional or community park is envisioned around the pond (sandpit) located west of Gilbert Street." This is the site of Sand Lake Recreation Area. The City of Iowa City acquired this property for development as a new city park. The purchase price, and much of the construction cost, will be realized by issuance of General Obligation Bonds and the General Fund. Snyder & Associates was retained by the City in the spring of 2006 to prepare a Conceptual Master Plan for a new public park on the site. That plan calls for development of a public park with beach areas, fishing piers, marina, trails, park shelters, main lodge, restrooms, parking and other ancillary facilities. An extensive project for restoration of wetlands, aquatic and riparian plantings, as well as dune and sand prairie plantings is planned to allow the area to return to a sustainable ecology. The area is planned to be used for casual recreation, interpretive education and as a resource for public and private gatherings that seek a picturesque location. Total project cost, including land acquisition, construction, landscaping and consultants fees is estimated at $7,600,000.00. The City of Iowa City is requesting a Community Attraction and Tourism Grant of $2,000,000.00 to assist with the financing and construction of this very important project for the future of its citizens and visitors. Sand Lake Recreation Area Executive Summary March 4, 2008 - 2 of 2 The financing plan for Sand Lake Recreation Area includes several sources. The primary source of funds ($1,350,000.00 for land acquisition and $3,505,000.00 for vertical infrastructure construction) of $4,855,000.00 is approved by Council and is a part of the City's Capital Improvement Plan for the years FY 2007 through FY 2012. Other sources include in kind volunteer planting of native vegetation estimated at $160,000.00; the use of Congressionally Designated Funds of $200,000.00; a county contribution of $20,000; and private sector contributions of $365,000. This brings the total to $5,600,000, still considerably short of the total acquisition and construction need. Therefore, the City of Iowa City is turning to the Vision Iowa Board and asking for an additional $2,000,000.00 to complete this project - an asset to Johnson County and all of Iowa. The project schedule and phasing plan calls for the most recent acquisition to be finalized in the very near future. The initial acquisition was completed in 2007, and the site has been opened to limited public use after some selective clearing and grubbing to clean up the area, and the construction of a temporary parking lot. Remaining construction is scheduled to be completed by 2012. In addition to the $1,350,000 acquisition already completed, the City's Capital Improvement Plan commits a total $3,850,000 for further acquisition and construction from 2008 to 2012. Grant money and other funding sources will be timed to meet this schedule. The City of Iowa City looks forward to your favorable consideration of the attached grant application. We would be happy to meet with the Vision Iowa Board to explain our project in more detail and supply any additional information you may need to thoroughly understand the project and its potential. Thank you for your consideration. Sincerely, Terry G. Trueblood Director of Parks and Recreation City of Iowa City • APPLICATION COVER SHEET Return completed Appucanon io: ~~ Vision Iowa Program Manager f Iowa Department of Economic Development G~~" 200 East Grand Avenue, Des Moines, Iowa 50309-1819 Name of Project: Sand Lake Recreation Area Date Submitted: April 15, 2008 Applicant Information (attach additional sheet for co-applicants) Name: City of Iowa City Address: 410 East Washington Street City: Iowa City State: Iowa Zip Code: 52240 Contact Person: Terry G. Trueblood Title: Director of Parks & Recreation Address: 220 South Gilbert Street Iowa City, Iowa 52240 Telephone: (319) 356-5110 FAX' (319) 356-5115 E-mail terr~trueblood@iowa-city.org Federal Identification Number 42-6004805 Applying as smaller population community or county: Yes X No (city population 10,000 or less, or county population in smallest one-third in the state) Project relates to (check one or more): X Cultural Activity X Recreation X Education X Entertainment Subrecipient Information (If Applicable) (Subrecipient means a private organization or other entity operating under an agreement or contract with a recipient to carry out a funded CAT activity -attach additional sheet for co-subrecipients): Name: Not Applicable Address: Contact Person: Address: Telephone: E-mail FAX: Federal Identification Number Funding Information Total Project Budget $ 7,600,000.00 Amt. Requested from Program $ 2.000,000.00 Specify the form and amount of assistance requested in the box below: fAln+o• Omni mt chni ilri not AYCAP.(t .~]O% of the total Droiect cost.) Form ofAssistance"Re uested Amount Grant ~ 2,000,000.00 Loan For ivable Loan Loan Guarantee Interim Financin Other leases eci Title: COMMUNITY ATTRACTION AND TOURISM PROGRAM I~ BRIEF PROJECT DESCRIPTION Outline a brief paragraph describing the project, including its name, vertical infrastructure components, and anticipated uses. State anticipated start and completion dates. If this project is a phase of a larger project, please state its relationship to that project. The City of Iowa City is acquiring a 188-acre former sand and gravel operation along the Iowa River to develop as SAND LAKE RECREATION AREA. The site includes a lake of approximately 95 acres of surface area. This bold addition to the Iowa City Parks System will provide a water oriented recreation facility, the likes of which does not currently exist in the city. Construction will include site grading, trails, roads, parking, utilities, fishing piers and park buildings as well as two beach areas and a small marina. In addition to providing a new park facility, landscape plantings will restore the site to a sustainable, sand based, riparian ecology. The park site is adjacent to the Iowa River and will also help protect this fragile resource. ACKNOWLEDGMENT, RELEASE OF INFORMATION AND CERTIFICATION I acknowledge that I have read and understand the application materials and administrative rules including the provisions relating to security and contracts as noted above. Further, I give permission to the Vision Iowa board or the Iowa Department of Economic Development (IDED) to perform due diligence, perform credit checks, contact the organization's financial institutions, and perform other related activities necessary for reasonable evaluation of this proposal. I understand that all information submitted relating to this application is a public record. I certify that all representations, warranties, or statements made or furnished in connection with this application are true and correct in all material respects. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or subdivision. Signature of applicant certifying officer or individual: Date: Terry G. Trueblood, Director of Parks and Recreation Signature of co-applicant or subrecipient certifying officer or individual: Date: 2 COMMUNITY ATTRACTION AND TOURISM PROGRAM REQUIRED ATTACHMENTS 1) Applications should be bound or submitted in three-ring binders. 2) An executive summary and the completed application forms (cover sheet, financial forms) should be placed in the front of the application. The executive summary should provide a history of the project and cover highlights of requested information. Additional required information should be provided with lettered tabs as noted below. 3) Check each tab below to indicate requirements are understood and are believed to be met by the project. THRESHOLD ELIGIBILITY TAB A Applicant Eligibility x -Must be a city, county, or public organization, or combination of these forming a 28E; or a school district in cooperation with a city or county. Attach proof of nonprofit status for public organization. TAB B Local Support Broad support must be demonstrated for the project. X - Official resolution(s) from governing boards of participating local governments required; other endorsement letters optional. A minimum 50% match commitment must be made by applicant(s)-See Tab l - Enforceable commitments recommended. - Adequate funding for completion is necessary. - Non-financial resources (in-kind services) may comprise no more than 25% of the applicant's match TAB C Financial Need Project demonstrates financial need after other sources are exhausted. x CAT funding should be "last dollar" needed for project to proceed. Successful and unsuccessful fundraising should be documented. Prior CAT or Vision Iowa funding ineligible as match. X - If CAT or Vision Iowa funds were previously received, demonstrate that this this application seeks funds for a significant expansion of the project and neither CAT nor Vision Iowa funds nor match are counted as match for this project. Has applicant received other state funds for this project? x - If so, state funds and their match must be itemized and excluded from match for this project. TAB D Vertical Infrastructure Project must be primarily a vertical infrastructure project? x - Definition: land acquisition and construction, major renovation and repair of buildings, all appurtenant structures, utilities, site development, and recreational trails. Cost documentation should be included. TAB E Benefits Must commit to provide or pay for at least 50% of the costs of a standard medical insurance plan for full-time employees working at the project after it is built. -Letter certifying this provision is adequate. x COMMUNITY ATTRACTION AND TOURISM PROGRAM EVALUATION CRITERIA TAB F Feasibility (0-25 points, 15-point minimum required) x Is the project viable and sustainable? Are there sufficient resources to start and sustain the operation? Project description, business plan, and personal financial statements on principal owners and/or guarantors should be included. TAB G Economic Impact (0-25 points, 15-point minimum required) x Will the project have a positive impact on the economy? Measures should be based on direct impact of the project, no multipliers or other estimates of indirect impact. May include number of jobs, wages and benefits, taxes generated, or other positive economic benefits to the community and state. TAB H Leveraged Activity (0-10 points, 6-point minimum required) x Will economic growth and job opportunities be enhanced? How will OTHER recreational, cultural, educational and entertainment opportunities be stimulated or developed, ideally by private developers? Documentation of plans for other development should be included. TAB I Matching Funds (0-25 points, no minimum) x Consider extent to which local resources have been dedicated. Higher ratings may be given to those projects committing over the 50% required, or financially supported by both public and private organizations. Other state funds or match pledged toward those funds are not eligible as match for CAT funding. TAB J Planning Principles (0-10 points, no minimum) x Planning principles should be described, including compliance with comprehensive plans, zoning and land use; description of effective use of existing resources (land and buildings) to avoid costly duplication or use; provisions for a variety of transportation choices; enhancement of a unique sense of place; description of space conservation and environmental preservation; promotion of safety, livability and revitalization of existing areas; consideration given to all income levels. TAB K Technology and Values (0-5 points, no minimum) x Project should encourage technologies allowing regional or statewide access; enhance education, wellness, and breadth to attract all ages; promote fine arts, including landscaping. 4 COMMUNITY ATTRACTION AND TOURISM PROGRAM FINANCIAL FORMS CONSTRUCTION /VERTICAL INFRASTRUCTURE COST ESTIMATES (Attach additional sheets as necessary. If project contains components in separate geographic locations, please prepare a separate financial form for each component): 1 ('nnc4r~ irtinn C:nct retail Land Acquisition - ~- • • Purchase 158-acre parcel plus 30-acre parcel -• • $ 1,700,000.00 Site Preparation Grading, Road Construction, Utilities $ 3,257,400.00 Building Acquisition/Construction Building Construction $ 1,210,000.00 Building Remodeling N/A ~ Fixtures N/A ~ Other Landscape Restoration $ 627,550.00 Subtotal (A) $ 6,794,950.00 2 Professional Fees and Permits Architectural Design $ . -. 65,000.00 Engineering Design $ 160,000.00 Construction Administration $ 185,000.00 Permits ~ Legal and Bonding Fees $ Developer Fees $ CAT Proposal-Writing Fees $ 5,000.00 Subtotal (B) $ 415,000.00 Z Rcl~+orr r :nncfiri irtinn f :nets Real Property/Easements/Acquisition -• ~ $ Contingencies $ 390,050.00 Other (specify): $ Subtotal (C) $ 390,050.00 4. Total Vertical Infrastructure Cost Estimates: Subtotal (A) + Subtotal (B) + Subtotal (C) _ $ 7.600.000.00 (Include total on line "1" of following page) COMMUNITY ATTRACTION AND TOURISM PROGRAM SOURCES AND USES OF FUNDING 1. Project Activity (USES) (vertical infrastructure and other eligible project expenses; attach additional sheets as necessary): 1. Construction Costs (Prior Page) . $ 2,000,000.00 • $ 2,467,400.00 • $ 4,467,400.00 2. CAT Proposal-Writing Fees $XXXXXXXXXX $ 5,000.00 $ 5,000.00 3. Furniture and Equipment $XXXXXXXXXX $ $ 4. Consultant Expenses $XXXXXXXXXX $ 410,000.00 $ 410,000.00 5. Public Art & Landscaping $ $ 627,550.00 $ 627,550.00 6. Other (Land Acquire) $XXXXXXXXXX $ 1,700,000.00 $ 1,700,000.00 7. Contingencies $ 390,050.00 $ 390,050.00 8. 9. 10. TOTAL (Columns A and C appear on application cover page; B should match total below) $ 2,000,000.00 $ 5,600,000.00 $ 7,600,000.00 2. Sources of Funds (Itemize all funding sources, including in-kind amounts. Individual donors maybe listed on a separate sheet. All state funding sources and their match must be itemized separately and not included in the 50% minimum match required for this CAT application.) • -. .. ~ .. Source Amount Where documented in application? A. General Obligation Bonds $ 4,200,000.00 Tab C B. City's General Fund $ 550,000.00 Tab C C. Congressionally Designated Funds $ 200,000.00 Tab C D. Volunteer Services $ 160,000.00 Tab C E. City Operating Funds $ 5,000.00 Application Form F. Road Use Tax Funds $ 100,000.00 Tab C G. Contributions $ 385,000.00 Tab C TOTAL (Should match Column B Above): $ 5,600,000.00 6 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-72 RESOLUTION AUTHORIZING FILING OF AN APPLICATION WITH IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR FUNDING FROM THE HAZARD MITIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE CITY OF IOWA CITY LOCAL HAZARD MITIGATION PLAN. WHEREAS, Iowa Homeland Security and Emergency Management has made funds available for the development of local hazard mitigation plans; and WHEREAS, the City of Iowa City does not currently have a local hazard mitigation plan; and WHEREAS, Hazard Mitigation Grant Program funds will be required to complete said local hazard mitigation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to Iowa Homeland Security and Emergency Management for Hazard Mitigation Grant Program funds. 2. Staff is authorized to file any additional documentation that is required by Iowa Homeland Security and Emergency Management. 3. The City agrees to use and maintain the FEMA approved hazard mitigation plan. 4. The City of Iowa City agrees to commit the necessary 15% matching funds up to an amount not to exceed $2,250 for plan development. These matching funds are to be in- kind services. 5. That the Mayor is authorized to sign. the application forms and any subsequent grant contracts with Iowa Homeland Security and Emergency Management. 6. The City of Iowa City designates Hilary Copeland of ECICOG as the authorized representative to execute and file this mitigation project, if funding is approved. Passed and approved this 11th day of March , 20~_• C ATTEST: ~~ 7~ • e~c.~i rii~ CITY Z`tERK Ap oved bye City Attorney's Office 3~~~t,~ /o Pweng res/rk-hasm itplan. doc Resolution No. 08-72 Page 2 It was moved by Wilburn and seconded by Aayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ____X- x ~_ x x X x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc r ~~~,®~ CITY ©F ICJINA CITY, 10 .:III~~~ 1VI E ~ CJ Date: March 5, 2008 To: Dale Helling, Interim City Manager From: Ronald R. Knoche, City Engineer Re: Hazard Mitigation Grant Program Planning Application On February 21St, City staff met with John Wageman of Iowa Homeland Security and Emergency Management and Dave Wilson of Johnson County Emergency Managment. This was an informational meeting to discuss the need for a Local Hazard Mitigation Plan that is FEMA approved and the grant programs available to develop the plan. At this meeting, staff was informed the grant money was already allocated for this funding year. Staff determined it was important to develop a local plan and the use of the grant money would be the best way to fund the plan. Staff determined it would be best to wait for the next funding cycle. On February 26th, City staff was informed by Dave Wilson that grant money is available in this funding cycle for Iowa City to develop its local plan. On February 27th, staff sent in the Notice of Interest for Hazard Mitigation Grant Program planning funds. On February 29th, Iowa City received an invitation to submit a formal application for Hazard Mitigation Grant Program planning funds. The development of the Local Hazard Mitigation Plan will take approximately three years from the kick-off meeting to adoption of the plan by Council. The City will use ECICOG staff to develop the plan with the participation of and input from City staff. The plan is expected to cost $15,000. The City share is expected to be $2,250 and will be funded with the in-kind share of staff time. The importance of having a FEMA approved Local Hazard Mitigation Plan is the ability to receive grant funds for which the plan is a requirement. This requirement became law in 2000. These grant programs include: Public Assistance, Flood Mitigation Assistance, Repetitive Flood Claims and Severe Repetitive Loss. The City has used this grant funding prior the FEMA requirement of an approved Local Hazard Mitigation Plan. An example of this was the purchase of the Lower Peninsula property after the Flood of 1993. With out the approved Local Hazard Mitigation Plan, Iowa City is no longer eligible for these funds. «. ~ ~~ o - -os ~ M~ 11 Prep by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 08-73 RESOLUTION APPROVING A PURCHASE AGREEMENT AND LEASE AGREEMENT FOR THE FORMER ST. PATRICK CATHOLIC CHURCH PARISH HALL AND PARKING LOT, LOCATED AT 435 SOUTH LINN STREET, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the property at 435 South Linn Street, Iowa City, Iowa, described as Lots 1, 2, 3 and 4, Block 1, County Seat Addition is currently owned by St. Patrick Catholic Church; and WHEREAS, the attached proposed Offer to Purchase Real Estate provides for the acquisition of the property formerly used as the Parish Hall and parking lot for St. Patrick's Church and now currently used for church services and activities while its new structure is being constructed along Lower West Branch Road; and WHEREAS, the purchase price of $3,050,000.00 is based upon a recent appraisal obtained by the City and the contemplation that the Church would lease the Parish Hall and 45 parking spaces back.from the City during the construction of their new facilities, which is expected to be complete before October 31, 2009; and WHEREAS, said property is intended for amulti- use parking facility to be constructed sometime after the termination of the lease; and WHEREAS, the offer is contingent upon City Council Approval; and WHEREAS, it is in the best interests of the citizens of Iowa City for the City to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Offer to Purchase Real Estate and Acceptance and subsequent Lease Agreement attached hereto is approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the purchase agreement and lease as approved herein. Passed and approved this 11th day of arch , 20 08 c /~ ~ ~ Appr ed b ATTEST: ~~~ 7C . ~~Q~sh/ ~ L~°/ ~~~C~~t/ CITY CLERK City Attorney s Office 3~y~ ~- Resolution No. ng_~~ Page ~_ It was moved by Champion and seconded by wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x- X ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn - Wright wpdatalglossary/resolution-ic.doc Purchase Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE PURCHASE AGREEMENT) TO: ST. PATRICK CATHOLIC CHURCH (hereinafter "Seller"). The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, title and interest in the real estate consisting of approximately 48,351 square feet of Lots 1, 2, 3, and 4 in Block 1, that part of Iowa City known as County Seat, locally known as 435 South Linn Street, situated in Johnson County, Iowa, subject to final determination upon survey of the land, and legally described as follows: Lots 1, 2, 3, and 4 in Block 1, that part of Iowa City known as County Seat together with all the Seller's right, title and interest in all Buildings and Improvements, if any, located on the above-described real estate, and under any easement and servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property" or "unimproved parcels". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. City offers to purchase all of Sellers' right, title and interest in the Property for the purchase price of $3,050,000 payable in full at the time of closing and transfer of possession, all title objections being corrected to show marketable title. 2. ABSTRACT AND TITLE. Seller shall promptly deliver to the City for examination, an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in Seller, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the Seller. The Seller shall pay all costs required to deliver marketable title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 3. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: Purchase Agreement Page 2 1) A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 448.69. 2) A Declaration of Value. 3) All other documents deemed reasonably necessary to satisfy the title objections of the City's Legal Counsel pursuant to a title opinion. 4) A warranty deed fully executed 4. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's timely performance of all obligations herein, closing shall be held on a date no later than the date 90 days after acceptance of this offer by Seller (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the City shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any, and subject to a lease agreement to be negotiated separately between the City and Seller for use of the parish hall and a portion of the parking spaces in the parking lot. 5. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present .condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. Prior to Closing, the City, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to closing. The Seller hereby grants the City, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any structural, mechanical, plumbing, electrical, or environmental hazards, including hazardous materials, substances, conditions, or waste. City may notify Seller in writing of any such hazards. Failure to do so shall be deemed a waiver of City's inspection and repair rights. City shall indemnify and hold harmless Seller from and against any and all expenses, claims, or losses arising from or in connection with any activities of City, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. In the event of any claim or demand by City to cure a hazardous condition discovered as a result of inspections, Seller shall declare and commence one of the following options: (a) curing the hazardous condition, (b) amending this agreement by giving City a credit for the cost of curing the deficiency, or (c) canceling this agreement. If, prior to the Closing Date, Seller does not promptly cure all such hazardous deficiencies in a manner mutually agreeable to the City and Seller, then City may declare this offer null and void. 6. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 7. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given. All risk of loss or . damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the City Purchase Agreement Page 3 shall have the option to either: (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 8. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by its tenants or other occupants, prior to the date of possession by the City, including without limitation of the foregoing, sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. 9. TAXES. Seller shall pay apro-rata share of taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2007. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. 10. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller is entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 11. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 13. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 14. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 15. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 16. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 17. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless accepted by the Seller within five (5) days after its presentation to Seller. 18. OTHER PROVISIONS. A. Seller warrants that the Property is free and clear of all leasehold interests. This warranty shall survive the closing of the transaction. B. .City's obligations under this agreement shall be subject to formal approval of this agreement by the City Council. Purchase Agreement Page 4 C. The parties agree that this agreement represents the voluntary negotiation and purchase of both the Property and the Option Parcels, that there was never any threat of condemnation, and that the City would not acquire either- property in the absence of a mutually satisfactory purchase agreement. This Offer is presented to the Seller on this .~ , 2008. CITY OF IOWA CITY, IOW ,BUYER BY Dale Helling, m City Ma ger Accepted this ~_ day of ~a.~.c-~.~ , 2008. ST. PATRICK CATHOLIC CH CH OF IOWA CITY, SELLER By: Martin . Am ,Bishop %~ By Rudolph T. Juarez, astor LEASE AGREEMENT This Lease Agreement is made and entered into by and between the City of Iowa City (hereinafter "Landlord") whose address is 410 E. Washington Street, Iowa City, Iowa, 52240 and the St. Patrick Catholic Church of Iowa City, (hereinafter called "Tenant") whose address for the purpose of this lease is 4'~5 S. T.inn St. ,Iowa City, Iowa, 52240. WHEREAS, the City of Iowa City and St. Patrick Catholic Church have entered into a purchase agreement for the City to acquire the parish hall and parking lot located at 435 S. Linn Street, from the Church; and WHEREAS, as partial consideration for the purchase agreement, the parties contemplated that the Church would lease the parish hall and a portion of the parking spaces until October 2009, while its new church facilities along Lower West Branch Road are being constructed; and WHEREAS, the parties contemplate that if the Church should desire to continue to lease the premises beyond October, 2009, that the parties will renew the lease on a month-to- month basis and at a rental rate to be based upon the 2009 market rate. 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. Premises and Term. Landlord is the owner of certain real estate in Johnson County, Iowa, containing a building locally known as the St. Patrick's Parish Hall and an adjacent parking lot. Tenant hereby rents and leases from Landlord according to the terms and provisions herein, the Parish Hall and 40 parking spaces located upon the following described real estate, situated in Johnson County, Iowa, to wit: Lots 1, 2, 3, and 4 in Block 1 County Seat Addition, Iowa City, Iowa (hereinafter "Leased Premises"), for a term commencing March 11. 2008 and terminating on October 31; 2009 [hereinafter "lease termination date"], upon the condition that the Tenant pays rent and otherwise performs as provided in this lease. Upon the termination of this lease, amonth-to-month periodic lease may be negotiated between the parties. 2. Rental. This lease is being entered into as partial consideration for the City's acquisition of the Leased Premises. As additional consideration for this lease, Tenant agrees to pay to Landlord as rent $1 per year. In addition to the yearly rental, all utilities shall remain in Tenant's name and be paid in full by Tenant for the duration of the lease term. 3. Possession. Tenant shall be entitled to possession of the Parish Hall and 40 parking spaces in the parking lot ["Leased Premises"] upon the commencement of the lease and shall yield possession to the Landlord at the time and date of the termination of this lease. Landlord shall retain the right to possess any and all remaining parking spaces in the parking lot not otherwise rented to Tenant and to perform such maintenance and repair to the parking structure as may be necessary without prior approval from Tenant. 2 4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and occupy the Leased Premises for Parish activities, including, but not limited to, Mass services, parish committee meetings, catechism classes and funerals. 5. Care and Maintenance of Leased Premises. a. Tenant takes the Property, Building and Leased Premises in their present condition. b. Landlord shall have no maintenance obligations with regard to the Parish Hall. It shall be Tenant's obligation to keep the roof, structural part of the floor, walls and other structural parts of the Building in good repair at Tenant's own expense. c. Tenant shall, after taking possession of the Leased Premises and until the termination of this lease, at Tenant's own expense, care for and maintain the Leased Premises in a reasonably safe, serviceable and habitable condition. Tenant will not permit or allow said Leased Premises to be damaged by any act of negligence of the Tenant, its agents, employees or invitees. Landlord will perform snow removal for the entire parking structure and bill Tenant for its proportional share of the cost of said removal. d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply with all valid regulations of the Board of Health, City ordinances, the laws of the State of Iowa and the Federal government with respect to the Property, Building and Leased Premises. This provision shall not be construed, however, as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate in the area or to the front, side, or rear thereof, and it will remove same from the premises at its own expense. Tenant will be responsible for snow removal. 6. Utilities and Services to Leased Premises. Tenant shall be responsible for the actual costs of any and all utilities or services supplied to Leased Premises, including but not limited to electric, gas, water/sewage, heating and/or air conditioning services, and waste removal during the term of this lease agreement. 7. Taxes. In the event that the City Assessor imposes any real estate tax or special assessment against the leased premises, Tenant shall be responsible for all such taxes and special assessments. 8. Property and Occupancy at Risk of Tenant. All property of any kind which may be brought upon or within the Leased Premises by Tenant, its employees, agents, customers and invitees, during the term hereof, shall be at the sole risk of Tenant, and Landlord shall not be liable to Tenant or to any other person for any injury, loss or damage to any person or property in or upon the Leased Premises, and Tenant agrees to assume all liability for or on account of such injury, loss or damage. 9. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that upon the termination of this lease it will surrender and deliver the Leased Premises to Landlord. Tenant may, prior to the expiration of the term of this lease if not in default hereunder, remove any fixtures or equipment which Tenant has installed in the Leased Premises. 10. Holding Over. In the event Tenant desires to continue possession beyond the lease termination date, a month to month extension of this lease may be negotiated at that time and rent shall be charged according to the 2009 market rate. 2 3 11. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the Leased Premises without the prior written consent of Landlord. 12. Insurance. Tenant covenants and agrees that it will, at its own expense, procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: a. Comprehensive General Liability Each Occurrence A~~re~ate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b. Excess Liability $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 13. Indemnity. 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 gross negligence or intentional 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 Premises under this Lease. 14. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant shall have the right to file any mechanic's lien against the Property, Building or Leased Premises. Tenant shall give notice in advance to all contractors and subcontractors who may furnish or agree to furnish any material, service or labor of any kind. 15. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to perform any other duty of Tenant under the terms of this lease agreement, abandonment of the tenancy by failing to engage in its usual and customary business activities on the premises for more than ten consecutive business days, and/or institution of bankruptcy proceedings by or against Tenant or any assignment for the benefit of creditors or appointment of a receiver for the property or affairs of Tenant, shall constitute default by Tenant. In the event of default by Tenant, Landlord shall give Tenant a written notice specifying the default and giving Tenant ten days in which to correct the default. In the event Tenant has not remedied a default in a timely manner following a notice of default, Landlord may proceed with all available remedies at law or in equity including but not limited to termination of this lease agreement. In the event of such termination, Landlord shall give Tenant a written notice of such termination. Tenant shall vacate the 3 4 Property, Building and Leased Premises and be responsible to Landlord for all expenses of Landlord in terminating the lease and regaining possession of the premises, including attorney fees and court costs. 16. Landlord's Lien and Security Interest. Landlord shall have in addition to the lien given by law a security interest as provided by the Uniform Commercial Code upon all personal property and all substitutions thereof kept and used on the premises by the Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent or for termination of this lease because of Tenant's default in its performance. 17. Rights Cumulative. The various rights, powers and remedies of either party provided in this lease shall be construed as cumulative and no one of them as exclusive of the others. 18. Notices and Demands. Notices as provided for in this lease shall be given to the respective parties hereto at their respective addresses designated in this lease agreement. 19. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. 20. Changes to be in Writing. This lease agreement shall be in any manner modified, waived or abandoned except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 21. Other Provisions: The Lease may be renewed on a month-to-month basis, consideration for which shall be monthly rent at the 2009 market-rate, upon Tenant's notice of its intention to renew this Lease, which shall be given not less than sixty (60) calendar days prior to the lease termination date. IN WITNESS WHF~REOF, the parties hereto have duly executed this lease in duplicate on this _~ day of u~t.c.~,_ , 2008. ST. PATRICK CATHOLIC CHURCH TENANT By: Martin . A s, Bishop 7-- r By: Rudolph T. Juarez, Past CITY OF IOWA CITY, LANDLORD By: C p , Bailey, Attest: /~~.i~~~~' ~C_• 7~i-~t-~ Marian K. Karr, City Clerk Approved by: 5~~7~Ii City Attorney's Office j~~~v~ TENANT ACKNOWLEDGEMENT STATE OF IOWA )ss: eIO~>B~-COUNTY) ~rguc~, LP.URA RAYA-f-ERREIRA SCc'~~ c ~~~~. (OMMISSiON NUMBER 148310 z ,. ~} COMMISSION E%PIRES-~ pow * ~ S' a 4 5 On this ~l-~~ day of _1~'`~'L -2008, before me, t e undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin Amos and Rudolph T. Juarez, to me personally known and after being duly sworn by ,did say that they are the Bishop and the Pastor, respectively, of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its ;and that the said Bishop and Pastor, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and r the State of Iowa LANDLORD ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY On this ~ day of M4fze.U ,2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and.deed of said municipal corporation, by it and them voluntarily executed. SONDRAE FORT ~~nc~.. ~ +' o ~ Commission Number 159791 O-C'~ '~ .' My3 ~ i ~~ fires Notary Public in and for the State of Iowa 5 Purchase Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AGREEMENT) TO: ST. PATRICK CATHOLIC CHURCH (hereinafter "Seller") The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (her in "City"), hereby offers to buy all the Sefta~r's right, title and interest in the real estate consistin of approximately 48,35.1 square feet of Lots ~1, 2, 3, and 4 in Btock 1, that part of Iowa City kn n as County Seat, locally known as 435 South inn Street, situated in Johnson County, Iowa, ubject to final determination upon survey of the land; nd legally described as follows: Lots 1, 2, 3, and 4 ir~,Block 1, that part of Iowa City knoydn as County Seat together with all the Seller's rig t, title and interest in all Build' gs and Improvements, if any, located on the above-described real est te, and under any easem t and servitudes for the benefit of the Seller, free and clear of all liens, cumbrances, reservati ns, exceptions and modifications, except for the Permitted Exceptions, as de ' ed below. The en ~ ety of the above-described interests being conveyed shall hereinafter be referred as the "Prope " or "unimproved parcels". The Property shall be conveyed with c~Qod, clef, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ord 2. Covenants, restrictions, reservations andl~asements of record approved by City. In consideration of the covenants and obl}gations contair~d herein, the parties agree as follows: 1. PURCHASE PRICE. City off s to purchase all Sellers' right, title .and interest in the Property for the purchase pri of $3,050,000 payable 'n full at the time of closing and transfer of possession, all title objec ' ns being corrected to sho. marketable title. 2. ABSTRACT AND TITLE. eller shall promptly deliver tot City for examination, an abstract of title for the Property .continued to a .date subsequent t the date of this Offer, prepared pursuant to Iowa C e Sections 614.29 through 614.3 Iowa Land Title Association Abstracting Standar ,and Iowa Land Title Examination Sta dards of the Iowa State Bar Association. The a tract shall begin with the government pat t to the Property and show merchantable title ' Seller, subject only to Permitted Exceptions. he cost of the continuance of an existing ab tract shall be paid by the Seller. The. Seller sha pay all costs required to deliver markets le title to the- Property and Seller shall pay th cost of any additional abstracting an or title work due to acts or omissions of Seller, including transfers or death of Seller or assi s. The abstract shall become the property of the City when the Purchase Price is paid in full 3. DOCUME TS DELIVERED AT OR BEFORE CLOSING. A. A the time of closing and upon payment of the Purchase Price, Seller shall deliver the following,to the City: Purchase Agreement Page 2 1) 2) 3) 4) 4. POSSES: A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 448.69. A Declaration of Value. All other documents deemed reasonably necessary to satisfy the title objections of the City's Legal unsel pursuant to a title opinion. A warranty deed fully executed. Seller's timely performance of ~I than the date 90 days after ac~ after the Closing Date anal upon immediate possession of the Prc due thereafter, if any, and subje~ the City and Seller for use of the lot. Subject to the City's approval title and both City's and obligations herein, closing sh I be held on a date no later ~ptance of this offer by Sell r• (the "Closing Date"). On and payment of the Purchase rice, the City shall be entitled to erty and to receipt of al rents and profits from the Property to a lease agreemen o be negotiated separately between ~ rish hall and a po n of the parking spaces in the parking 5. CONDITION OF THE PROPERTY. Buyer is p chasing the Real Estate and improvements thereon in their present .condition wi no warr nties or representations from Seller regarding the condition of the property or im rovem nts thereon. Prior to Closing, the City, at its expense, shall have the right to condu t su investigations, inspections and inventories of the Property as it deems reasonable or n c sary prior to closing. The Seller hereby grants the City, its officers, agents, employees a independent contractors, the right to enter upon the Property at reasonable times upon r onable notice, oral or written, from time to time after the date of this Offer for the purpose of 'nvestigating, inspecting and performing inventories of the Property and to determine if t re a e any structural, mechanical, plumbing, electrical, or environmental hazards, includin hazard us materials, substances, conditions, or waste. City may notify Seller in writing of a y such ha ards. Failure to do so shall be deemed a waiver of City's inspection and repair ghts. City s all indemnify and hold harmless Seller from and against any and all expense, claims, or los es arising from or in connection with any activities of City, its officers, agent ,employees, or ontractors on the Property prior to the Closing Date, including without ~mitation, any atto ey's fees or court costs occasioned by such claims. In the event o~ny claim or demand City to cure a hazardous condition discovered as a result of inspecti ns, Seller shall declare nd commence one of the following options: (a) curing the hazardous condition, (b) amending is agreement by giving City a credit for the cost of curing the~teficiency, or (c) canceling t is agreement. If, prior to the Closing Date, Seller does not p~mptly cure all such hazardous efficiencies in a manner mutually agreeable to the City and Seller, then City may declare this o r null and void. 6. INSURANCEr~~Seller shall maintain and keep in fo a and effect all existing property and liability insurance until the Closing Date and delivery o ossession. 7. STATUS ,t`~UO MAINTAINED. The Property shall be p served in its present condition and Seller sf7all deliver it intact at the time possession tot City is given. All risk of loss or . damage to the Property is on Seller until the City takes pos ession. Prior to possession by the City, $~Iler shall promptly give written notice to the City of an loss or damage to the Property. In th 'event of loss, damage or destruction of all or part of the roperty, the City shall have the option ~to terminate this Agreement effective immediately. H ever, in the case of loss, damage or destruction of all or part of the Property from causes co Bred by insurance, the City Purchase Agreement Page 3 shall have the option to either: (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property pr' to possession and closing, in order to determine that there has been no material change in t e condition of the property except those mutually agreed u~ 8. UTILITIES. The Seller shall be resp sible for payment of all utility expe es incurred by it or incurred by its tenants or other occ pants, prior to the date of possessio by the City, including without limitation of the foregoin ,sewer, solid waste and water arges which may. be assessed for collection pursuant t Iowa Code Section 384.84. 9. TAXES. Seller shall pay apro-r a share of taxes on the Prope (real and personal) for the fiscal year (July 1 -June 30) of losing based on the Closing ate, and all unpaid taxes for prior years. The amount shall be alculated based upon the a sessed valuation, legislative tax rollback, and real estate tax ex mptions that will actually a applicable to and used for the calculation of taxes payable in t e fiscal year commenc' g July 1, 2007. If, at the time of closing the tax rate is not certifie then the most current certified tax rate shall be used. 10. REMEDIES OF THE PARTIES. I the event of defa thereunder, City and Seller is entitled to utilize any and all remedies or act ons at law or in quity available to them with respect to this agreement and shall be entitled to obtain judgme t for costs and attorney fees as permitted by law. 11. SPECIAL ASSESSMENTS. Seller hall p in full all special assessments on the Property which have been certified to the Jo nso County Treasurer for collection before the Closing Date. 13: TIME IS OF THE ESSENCE. Time is f the essence of this agreement. 14. CONTRACTS BINDING ON SUC ES ORS IN INTEREST. The document shall apply to and bind the heirs, executors, admi strato ,partners, assigns, and successors in interest of the respective parties. 15. INTENTION OF USE OF ORDS AN PHRASES. Words and phrases contained herein, including the acknowled ement clause, hall be construed as in the singular and plural number, and as masculi e, feminine or ne er gender, according to the context. 16. PARAGRAPH HEAD GS. The paragraph eadings contained herein are for convenience in reference and are n t interided to define or li it the scope of any provision of this document. 17. ACCEPTANCE F OFFER. This Offer shall f~come null and void at the option of the City unless accepte by the Seller within five (5) da after its presentation to Seller. 18. A. Se er warrants that the Property is free a d clear of all leasehold interests. This w rranty shall survive the closing of the transa tion. B. /City's obligations under this agreement shall b`~ subject to formal approval of this agreement by the City Council. \ Purchase Agreement Page 4 C. The parties agree that this agreement represents the voluntary negotiation and purchase of both the Property and the Option Parcels, that there was never any threat of condemnation, and that the City would not acquire either property in the absence of a mutually satisfactory purchase agreement. This Offer is presented to the Sell r on this .~ , 2008. CITY OF IOWA CITY, IOW BUYER BY Dale Helling, e, City Ma ger Accepted this day of , 2008. ST. PATRICK CATHOLIC CHURCH OF 10 A CITY, SELLE~ By: By Martin O. Amos, Bishop Rudolph T. Juarez, Pastor LEASE AGREEMENT This Lease Agreement is made and entered into by and between the City of Iowa• City (hereinafter "Landlord") whose address is 410 E. Washington Street, Iowa City, owa, 52240 and the St. Patrick Catholic Church of Iowa City, (hereinafter called "Tenant") hose address for the purpose of this lease is ,Iowa City, Iowa, 52240. WHEREAS, the City of Iowa .City and St. atrick Catholic Church have ent ed into a purchase agreement for the City to acquire he parish hall and parking lot loc ed at 435 S. Linn Street, from the Church; and WHEREAS, as partial consideration for th purchase agreement, the p ties contemplated that the Church would lease the parish all and a portion of the arking spaces until October 2009, while its new church facili ies along Lower West anch Road are being constructed; and WHEREAS, the parties contemplate that if he Church shou desire to continue to lease the premises beyond October, 2009, that th parties will r ew the lease on a month-to- month basis and at a rental rate to be based u on the 2009 arket rate. NOW THEREFORE, •in light of them tual co sideration exchanged herein, the receipt and sufficiency of .which is hereby ckn ledged, the parties do hereby agree as follows: 1. Premises and Term. Landlord is th owner of certain real estate in Johnson County, Iowa, containing a building 1 ca y known as the St. Patrick's Parish Hall and an adjacent parking lot. Te nt ereby rents and leases from Landlord according to the terms and provisi s here n, the Parish Hall and 40 parking spaces located upon the following descr' ed real e tate, situated in Johnson County, Iowa, to wit: Lots 1, 2, 3, and 4 in lock 1 Coun y Seat Addition, Iowa City, Iowa (hereinafter "Leased Prem' es"), for a ter commencing and terminating on October 3 2009 [hereinaft r "lease termination date"], upon the condition that the Ten t pays rent and of erwise performs as provided in this lease. Upon the termi tion of this lease, a onth-to-month periodic lease may be negotiated between t e parties. 2. Rental. This lease is being entered into as artial consideration for the City's acquisition of th Leased Premises. As addi 'onal consideration for this lease, Tenant agrees t pay to Landlord as rent $1 r year. In addition to the yearly rental, all utili es shall remain in Tenant's nam and be paid in full by Tenant, for the duration the lease term. 3. Possession Tenant shall be entitled to possess n of the Parish Hall and 40 parking s ces in the parking lot ["Leased Premise "] upon -the commencement of the leas and shall yield possession to the Landlor at the time and date of the termin ion of this lease. Landlord shall retain the 'ght to possess any and all remai ing parking spaces in the parking lot not otherw e rented to Tenant and to perfo m such maintenance and repair to the parking stru ture as may be necessary without prior approval from Tenant. 2 4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and occupy the Leased Premises for Parish activities, including, but not limited to, Mass services, parish committee meetings, catechism classes and funerals. 5. Care and Maintenance of Leased Premises. a. Tenant takes the Property, ilding and Leased Premis ~s in their present condition. b. Landlord shall have no mai tenance obligations with rega to the Parish Hall. It shall be Tenant's obligati n to keep the roof, structural art of the floor, walls and other. structural part of the Building in good r pair at Tenant's own expense. c, Tenant shall, after takin possession of the Lease Premises and until the termination of this lease, t Tenant's own expens ,care for and maintain the Leased Premises in a re sonably safe, service le and habitable condition. Tenant will not permit or a ow said Leased Pre ises to be damaged by any act of negligence of the Tenan , its agents, em oyees or invitees. Landlord will perform snow removal for t e entire parki structure and bill Tenant for its proportional share of the cost f said remov d. Tenant shall make no unla ful use o said Leased Premises and agrees to comply with all valid regulati ns oft Board of Health, City ordinances, the laws of the State of Iowa an the ederal government with respect to the Property, Building and Leased re ises. This provision shall not be construed, however, as creating any duty Tenant to members of the general public. Tenant will not allow trash of a kind to accumulate in the area or to the front, side, or rear .thereof, and it it remove same from the premises at its own expense. Tenant will be resp sibl for snow removal. 6. Utilities and Services to Le sed P emises. Tenant shall be responsible for the actual costs of any and al utilities or services supplied to Leased Premises, including but not limite to electri gas, water/sewage, heating and/or air conditioning services, and aste removal during the term of this lease agreement. 7. Taxes. In the event tha the City Asses or imposes any real .estate tax or special assessment against th leased premises, Tenant shall be responsible for all such taxes and special asse ments. S. Property and Occ pancy at Risk of T nant. All property of any kind which may be brought u on or within the Leas Premises by Tenant, its employees, agents, customer and invitees, during. the t rm hereof, shall be at the sole risk of Tenant, and La dlord shall not be liable to enant or to any other person for any injury, loss or amage to any person or grope ty in or upon the Leased Premises, and Tenant reel to assume all liability for on account of such injury, loss or damage. 9. Surrende of Premises and End of Term Re oval of Fixtures. Tenant agrees that upo the termination of this lease it will s rrender and deliver the Leased Premis to Landlord. Tenant may, prior to the expi ation of the term of this lease if not i default hereunder, remove any fixtures or quipment which Tenant has inst ed in the Leased Premises. 10. Ho ing Over. In the event Tenant desires to continue ossession beyond the lease to ination date, a month to month extension of this ase may be negotiated at tat time and rent shall be charged according to the 2009 arket rate. 2 3 11. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the Leased Premises without the prior written consent of Landlord. 12. Insurance. Tenant covenants and agrees that it will, at its ow expense, procure and maintain general insurance in a company or companies uthorized to do business in the State of Iowa, in the following amounts: a. Comprehensive Gen al Liability Each Occurrence Aggregate (1) Bodily Injury Property Damage $1,000 00 $2,000,000 b. Excess Liability $1 00,000 $1,000,000 c. Worker's Compensa ion Insurance as requir by Chapter 85, Code of Iowa. Tenant's insurance carrier 's all be A rated or etter by A.M. Best. Tenant shall name the Landlord as an ad tional insured. nant shall deliver to the Landlord, within thirty (30) days of ex cution of this ase, Certificates of Insurance and copies of said policies, naming he Landlor as an additional insured. Tenant shall provide fifteen (15) days' notice o the La ord before cancellation of said insurance. 13. Indemnity. Landlord hereby d sclaim ,and Tenant hereby releases the Landlord from any and all liability, whet er in contract or tort (including strict liability and negligence) for any loss, damag or injury of any nature whatsoever sustained by Tenant, its employees, agents or ' vitees during the term of this Lease, including, but not limited to, loss, damage r injury to the property of Tenant that may be located or stored in the Premis nless such loss, damage or injury is caused by the Landlord's gross negligence r in entional willful misconduct. The parties hereby agree that under no circ stan es shall the Landlord be liable for indirect, consequential, special ore emplary damages, whether in contract or tort (including strict liability and neg 'gence), su h as, but not limited to, loss of revenue or anticipated profits or o er damage lated to the leasing of the Premises under this Lease. 14. Mechanics' Liens. Neither Tenant nor anyone. claiming by, through or under Tenant shall hav the right to file any mechanic's lien against the Property, Building or Leas d Premises. Tenant all give notice in advance to all contractors and subcontrac rs who may furnish agree to furnish any material, service or labor of any ki d. 15. Default, No ice of Default and Re edies. Failure to pay rent when due or failure top form any other duty of Tena t under the terms of this lease agreement, abandonm nt of the tenancy by failing to engage in its usual and customary business ctivities on the premises for m re than ten consecutive business days, .and/or 'nstitution of bankruptcy procee ings by or against Tenant or any assign~(ient for the benefit of creditors or ap ointment of a receiver for the property or affairs of Tenant, shall constitute default y Tenant. In the event of default by Tenant, Landlord shall give Tenant a writt n notice specifying the default and givi~ig Tenant ten days in which to correct the default. In the event Tenant has not re~edied a default in a timely manner followi a notice of default, Landlord may prc~a`eed with all available remedies at law or in equity including but not limited to termination of this lease agreement. In the ev nt of-such termination, Landlord shall give Tenant a written notice of such term ation. Tenant shall vacate the 3 4 Property, Building and Leased Premises and be responsible to Landlord for all expenses of Landlord in terminating the lease and regaining possession of the premises, including attorney fees and court costs. 16. Landlord's Lien and Security Interest. Landlord shall have in addition to the lien given by law a security interest as provided by the Uniform Comm cial Code upon all personal property and all substitutions thereof kept and use on the premises by the Tenant. Landlord may proceed at law or in equity with a remedy provided by law or by this lease for the recovery of rent or for terming on of this lease because of Tenant's default in its performance. 17. Rights Cumulative. The variou fights, powers and remedies either party provided in this lease shall be onstrued as cumulative and n one of them as exclusive of the others. 18. Notices and Demands. Notic s as provided for in this leas shall be given to the respective parties hereto at eir respective addresses signated in this lease agreement. 19. Provisions to Bind and B nefit Successors, As 'gns, Etc. Each and every covenant and agreement herei contained shall exte d to and be binding upon the respective successors, heirs, a ministrators, exec ors and assigns of the parties hereto. 20. Changes to be in Writing. T is lease agree ent shall be in any manner modified, waived or abandoned except by written in rument duly signed by the parties and delivered to the Landlord and enant. T 's lease contains the whole agreement of the parties. 21. Other Provisions: The Leas ma be renewed on a month-to-month basis, consideration for which shall onthly rent at the 2009 market-rate, upon Tenant's notice of its intention t enew this Lease, which shall be given not less than sixty (60) calendar days pri to the lease termination date. IN WITNESS WHEREOF, the parties he this day of ~, 2008. ST. PATRICK CATHOLIC TENANT Bv: Martin O. Amos, By: Rudolph T. Ju~ez, Pastor TENANT ACKN STATE OF IOWA ) )ss: JOHNSON COUNTY) have duly executed this lease in duplicate on OF IOWA CITY, LANDLORD Regenia R. Bailey, Mayor Marian K. Karr, City Clerk Approved by: City Attorney's Office EMENT 4 5 On .this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin O. Amos and Rudolph T. Juarez, to me personally known and after being duly sworn by me, did say that they are the Bisho and the Pastor, respectively, of said corporation executing the within and foregoing instru ent to which this is attached; that said instrument was signed on behalf of said torpor tion by authority of its ;and that the said Bishop and Pastor as such officers, acknowledged the execution of said instrument to be the voluntary act d deed of said corporation, by it and by them voluntarily executed. ,~' N LANDLORD ACKN Public in and for the EMENT STATE OF IOWA ) ss: JOHNSON COUNTY On this day of , Public in and for the State of Iowa, personally ap Karr, to me personally known, and who, being b Mayor and City Clerk, respectively, of the City the foregoing instrument is the corporate seal of was signed and sealed on behalf of the corporatio Regenia R. Bailey and Marian K. Karr ack ov be their voluntary act and deed and the volun ry by it and them voluntarily executed. of Iowa 8, befo me, the undersigned, a Notary pared egenia R. Bailey and Marian K. me my sworn, did say that they are the f owa City, Iowa; that the seal affixed to e corporation, and that the instrument by authority of its City Council; and that dged the execution of the instrument to t and deed of said municipal corporation, Public in ~nd for the State of Iowa 5 M~ Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 City Attorney's Office RESOLUTION NO. 08-74 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, City employee Loren Jones sustained a work related injury to his shoulder on May 18, 2005, and has been unable to return to work since September 2005; and WHEREAS, Mr. Jones has made a claim of permanent and total disability and a demand for lifelong benefits; and WHEREAS, to avoid litigating the matter, the parties have negotiated a settlement agreement that closes Jones' workers' compensation claim, ends any effort by him to return to work for the City and takes care of his future medical expenses; and WHEREAS, it is appropriate to ratify said settlement, as provided by law; in full satisfaction of any and all claims which the claimants and/or parties may have against the City in the above matter, in consideration of the claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Loren Jones' workers' compensation claim is hereby settled under the terms of the proposed settlement agreement with payment, upon approval of the Iowa Worker's Compensation. Commissioner to Loren Jones, in the amount of $84,250, in addition to statutory medical and weekly benefits paid to date; funding of an MSA to cover Jones' future medical expenses; and agreement by Mr. Jones not to submit any future applications for employment with the City. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases. Passed and approved this 11th day of March , 20 08 ATTEST: ~v CITY ERK c MA Ap ro d by ~~ ~~~ ~~ Finadmlres/ljones settle.doc Resolution No. 08-74 Page ~ It was moved by Correia and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey _~_ Champion x Correia x Hayek X O'Donnell x Wilburn x Wright wpdatalglossary/resolution-ic.doc