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Home My WebLink About2009-05-05 ResolutionM~j 3d 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 09-135 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2009 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., May 19, 2009, 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 proposed amendment to the FY2009 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 5th day of May , 20 09 . ATTEST: CIT `CLERK City Attorney's Office It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x _~ x x X X x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright finadmVes\operbdg4-0B.doc ~,~~ 0 - 3e(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-136 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by the owners of the property on March 11, 2005, recorded on April 14, 2005, in Book 3863, Page 576 through Page 580, and on February 8, 2006, recorded on March 31, 2006, in Book 4005, Page 809 through Page 813, in the Johnson County Recorder's Office covering the following described real estate: Commencing at a point on the North line of West Benton Street in Iowa City, Iowa, located as follows: Beginning at a brass pin set in the concrete pavement of U.S. Highway No. 218, which pin marks the East quarter corner of Section 16, Township 79 North, Range 6 West of the 5th P.M., and assuming the bearing of the line from said pin to the centerline of the pavement South to be due South; thence North 372.2 feet and West 1556.6 feet to an iron pipe at the intersection of the North line of West Benton Street in Iowa City and the West line of Giblin's Subdivision of part of said Section 16; thence South 09 degrees 57 minutes West 67.9 feet to the point of beginning; thence South 89 degrees 57 minutes West 61 feet; thence North 1 ~ degree 03 minutes West 128.4 feet; thence North 89 degrees 57 minutes East beginning, as shown on plat recorded in Plat Book 4, page 319, Plat Records in Recorder's office, Johnson County, Iowa. WHEREAS, Hills Bank and Trust has refinanced a mortgage to the owners of the property located at 706 Miller Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 5th '- ` ,,,. - ~ Resolution No. 09-136 Page 2 ATTEST: ~ ~l~/ CI LERK Approved by ~, ,~ City Attorney's Office It was moved by Champion and seconded by Ha~Pk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey X Champion g Correia x Hayek ~_ O'Donnell ~_ Wilburn g Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgaqes which at this time are in the amount of 15 886.04, and were executed by Mark J. Cannon and Sheila A. Cannon (herein the Owners), dated March 11, 2005, recorded April 14, 2005, in Book 3863, Page 576 through Page 580, and dated February 8, 2006, recorded March 31, 2006, in Book 4005, Page 809 through Page 813, Johnson County Recorder's Office, covering the following described real property: Commencing at a point on the North line of West Benton Street in Iowa City, Iowa, located as follows: Beginning at a brass pin set in the concrete pavement of U.S. Highway No. 218, which pin marks the East quarter corner of Section 16, Township 79 North, Range 6 West of the 5th P.M., and assuming the bearing of the line from said pin to the centerline of the pavement South to be due South; thence North 372.2 feet and West 1556.6 feet to an iron pipe at the intersection of the North line of West Benton Street in Iowa City and the West line of Giblin's Subdivision of part of said Section 16; thence South 09 degrees 57 minutes West 67.9 feet to the point of beginning; thence South 89 degrees 57 minutes West 61 feet; thence North 1 degree 03 minutes West 128.4 feet; thence North 89 degrees 57 minutes East beginning, as shown on plat recorded in Plat Book 4, page 319, Plat Records in Recorder's office, Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $112,500 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqes of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ 5 ~ da of~~ 20 D Y ~ ~. CITY OF IOWA CITY FINANCIAL INSTITUTION By Mayor Attest: By ,fit/ Cit - lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 5~` day of , 20 0~, before me, the undersigned, a Notary Public in and for the State of owa, personally appeared Re ; and Marian K. Karr, to me personally known, and, who, being by me ly sworn, did say the they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 09- ~3~ passed (the Resolution adopted) by the City Council, under Roll Call No. ---"-' of the City Council on the 5 ~- day of M.a , 20 0~_, and that ~.ea~~;Q D , g a ;1 ~,~_ and Marian K. Karr ackno ledged the execution of the instrumen~o be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT ~+ Commission Number 159791 ~1 csri ~nr~~ ~o~r~ • °w My Commis~~ Expires Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~7~' day of ~ , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KeVi/- J. ~ac~it~s to me personally known, who being by me duly sworn, did say that he/she is the ~s't' V ce ~~r~`~-7`' of ~~~ ~iN~C ~N1 Trrts7'`` Co. ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~sy` ~i'cr l~r~'.den~` acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/h vo ntarily executed. __...~ tary Pu and for the Sta a owa My Commission expires: ~ `~ °~`~~ O~A~ s BENJAMIN RYAN NICHOI.SON Z^ MyC misslo Expires !0 W p Co iss on 7220 5 'ffi- PRELI6dfIs1RM 1}[AT hFiD ~PNI'1~'~ ~ - ~'~ CC~L}~TR1' 4'LLI~ E~T.~' ~ -- - ' klJll-I, yJklkJ "h~' s ~ _, _ r~ _ ire .~+~ _ ~.... mvrc. ~ - _- ur= a-~aaaQa rxaa ~. a u 7 C«"' 1 _ ~r .c,~A . " s ~ . ms ~a ~' + ~ a •- t ~~ ~ _ ~ ~ . ~ ~ ~ y ~ iRre ~ .....® y ~ ~ ~ „ ` ma , ~ ., '"~' i ~ F ~ - ~- - _ ,W°rv ~~ J ~ =~ - 6 0 0. „`"'~~ ~~'~~ ~~ ~£ 1~ i ~..~ e. ° _ ~~ I .. ~. 4 . - ~ ~ i ~mr ~ ~. ^ ~ 1a ~ ~ ~' Y o . ~+ } 4 - f _ ~ = , ~ s -" ~ - ~~ ~ ~ { i ~ r ~ ~ ~ ~ y. w t : -- „ ~. ~ ~c' cr h,~-~ _ 4 ~~ _ ~ ~~ _4 ~ ~ ~ J r4 ~_ - I-- ~ "` 1 .. ~. - ~ I ~ ~:+~a-ar R ! ' _ ~ n n ` -05-Uy Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5230 (SU608-00010) RESOLUTION NO. 09-137 RESOLUTION APPROVING THE PRELIMINARY PLAT OF COUNTRY CLUB ESTATES PARTS 3-7, IOWA CITY, IOWA. WHEREAS, the owner, S8~J Development Company, filed with the City Clerk, an application for approval of the preliminary plat of Country Club Estates Part 3-7, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Country Club Estates Part 3-7, Iowa City, Iowa, is hereby approved 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 5th day of ATTEST: ~ ~ ~ • ~,/ CITY LERK It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: _~ x X x x x _~ ABSENT: Bailey Champion Correia Hayak O'Donnell Wilburn Wright s\pcd\preliminary plat -resolution -country club estates.doc Hpprovea oy City Attorney's Office f/.3~~0~ r. Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 09-138 RESOLUTION ADOPTING IOWA CITY'S FY10 ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENT AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY10 Annual Action Plan as part of the City's 2006-2010 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City of Iowa City received an additional allocation of federal Community Development Block Grant funds through the American Recovery and Reinvestment Act (a.k.a. Stimulus bill) to be added to the FY09 Annual Action Plan; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 2009 and 2010; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY10 Annual Action Plan and FY09 Annual Action Plan Amendment (FY09 Amendment); and WHEREAS, the FY10 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A and the FY09 Amendment contains the allocation of CDBG funds attached hereto as Exhibit B; and WHEREAS, adoption of the FY10 Annual Action Plan and FY09 Amendment will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FY10 Annual Action Plan and FY09 Amendment and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY10 Annual Action Plan, filed in the office of the City Clerk, contains the allocation of CDBG and HOME funds attached hereto as Exhibit A, and the FY09 Amendment, filed in the office of the City Clerk, contains the allocation of CDBG funds attached hereto as Exhibit B, be and the same are Resolution No. 09-138 Page 2 hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY10 Annual Action Plan and FY09 Amendment to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY10 Annual Action Plan and FY09 Amendment. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Passed and approved this 5th day of May, 2009. ATTEST: ~~~ ~ ~ CITY ERK It was moved by Wright AYES x x x x City Attorney's Office 'Donnell and seconded by the Resolution be adopted, and upon roll call there were: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ABSTAIN: x Exhibit A ~' Projects Recommended for FY10 CDBG & HOME Funding HCDC (3/26/09) HCDC (5/4109) Recommendation or Recommendation or Request Council Earmark` Council Earmark` ECONOMIC DEVELOPMENT Economic Development Fund' HOUSING PROJECTS Isis Investments LLC -Rental The Housing Fellowship -Rental The Housing Fellowship - CHDO Operating Dolphin Lake Point -Homeownership Iowa City Housing Authority - TBRA William Wittig -Rental City of Iowa City -Housing Rehabilitation" PUBLIC FACILITIES PROJECTS First Mennonite Church -Home Ties Addition' United Action for Youth -Facility Rehabilitation Shelter House -New Construction z DVIP -Facility Rehab. MECCA -Facility Rehabilitation CMHC -Facility Rehab. Neighborhood Centers of JC -Facility Rehab. Arc of Southeast Iowa -Facility Rehabilitation PUBLIC SERVICE PROJECTS Iowa City Free Medical Clinic -Operations Shelter House -Operations Successful Living -Operations Aid to Agencies* ADMINISTRATION AND PLANNING HOME Program Administration CDBG Program Administration and Planning SOURCE OF FUNDS FY10 CDBG Entitlement FY10 Anticipated CDBG Program Income FY10 HOME Entitlement FY10 Anticipated HOME Program Income $95,000.00 $95,000.00 $0.00 Subtotal $95,000.00 $95,000.00 $0.00 $250,000.00 $150,000.00 $150,000.00 $400,000.00 $220,000.00 $220,000.00 $50,000.00 $30,687.00 $30,687.00 $558,000.00 $90,000.00 $120,000.00 $180,000.00 $110,000.00 $148,632.00 $66,400.00 $20,000.00 $20,000.00 $230,000.00 $230,000.00 $230,000.00 Subtotal $1,734,400.00 $850,687.00. $919,319.00 $60,000.00 $0.00 $0.00 $18,000.00 $18,000.00 $18,000.00 $300,000.00 $83,215.00 $194,483.00 $12,256.00 $12,256.00 $12,256.00 $43,639.00 $32,399.00 $32,399.00 $33,376.00 $23,504.00 $23,504.00 $26,615.00 $26,601.00 $26,601.00 $4,500.00 $4,500.00 $4,500.00 Subtotal $498,386.00 $200,475.00 $311,743.00 $10,000.00 $5,000.00 $5,000.00 $7,500.00 $2,500.00 $2,500.00 $8,000.00 $2,500.00 $2,500.00 $105,000.00 $105,000.00 $105,000.00 Subtotal $130,500.00 $115,000.00 $115,000.00 $61,373.00 $61,373.00 $61,373.00 $152,201.00 $152,201.00 $152,201.00 Subtotal $213,574.00 $213,574.00 $213,574.00 TOTAL $2,671,860.00 $1,474,736.00 $1,559,636.00 $651,005.00 $667,273.00 $110,000.00 $110,000.00 TOTAL CDBG $761,005.00 $777,273.00 $613,731.00 $682,363.00 $100,000.00 $100,000.00 TOTAL HOME $713,731.00 $782,363.00 FY10 TOTAL $1,474,736.00 $1,559,636.00 FY09 Annual Action Plan Amendment for the American Recovery 8 Reinvestment Act (a.k.a Stimulus Bill) Total Funds: $176,785 ' First Mennonite Church -Home Ties allocated $60,000 s Shelter House New Construction allocated $116,785 (Total FY09 & FY10 CDBG Award of $311,268) Exhibit B Projects Recommended for FY09 CDBG 8~ HOME Funding Council Approved Request 511312008 2009 Amendment ECONOMIC DEVELOPMENT Economic Development Fund` HOUSING PROJECTS Chauncey Swan LP -Rental Housing Dolphin International LLC -Homeownership HACAP -Transitional Housing ICHA -Homeownership ICHA - TBRA Isis Investments LLC -Rental Southgate Development -Homeownership The Housing Fellowship - CHDO Operating The Housing Fellowship - CHDO Pre-Dev. Loan The Housing Fellowship -Rental Housing City of Iowa City -Housing Rehabilitation' PUBLIC FACILITIES PROJECTS Arc of Southeast Iowa -Facility Rehabilitation DVIP -Facility Rehabilitation IC Free Medical Clinic -Building Acquisition MECCA -Facility Rehabilitation NCJC -Facility Rehabilitation Twain Elementary -Playground Equip. FY09 AMENDMENT Shelter House -New Construction First Mennonite Church -Home Ties Addition PUBLIC SERVICE PROJECTS Arc of Southeast Iowa -Operations Compeer -Operations Extend the Dream Foundation -Operations Free Medical Clinic -Operations Local Foods Connection -Operations MECCA -Operations Shelter House -Operations (STAR program) Aid to Agencies' ADMINISTRATION AND PLANNING HOME Program Administration CDBG Program Administration and Planning $82,890 $82,890 Subtotal $82,890 $82,890 $18,000 $0 $425,000 $68,000 $325,000 $80,000 $330,000 $187,500 $220,800 $60,000 $235,000 $94,000 $200,000 $0 $50,000 $28,000 $15,000 $13,000 $499,750 $198,000 $230,000 $230,000 Subtotal $2,548,550 $958,500 $5,851 $3,000 $13,979 $10,000 $300,000 $90,772 $48,523 $11,400 $54,200 $14,600 $60,000 $40,000 Subtotal $482,553 $169,772 Subtotal $116,785 $60,000 $176,785 $2,500 $3,000 .$1,500 $10,000 $8,000 $5,600 $7,500 $105,000 Subtotal $143,100 $61,373 $152,201 Subtotal $213,574 TOTAL $3,470,667 SOURCES OF FUNDS FY09 CDBG Entitlement FY09 Anticipated CDBG Program Income Prior Year Unexpended CDBG Funds FY09 HOME Entitlement FY09 Anticipated HOME Program Income TOTAL CDBG TOTAL HOME 2009 Amendment: 2009 American Recovery & Reinvestment Act (Stimulus Bill) TOTAL FY09 FUNDS: $1,000 $1,000 $1,000 $2,500 $1,500 $1,000 $2,000 $105,000 $115,000 $61,373 $152,201 $213,574 $176,785 $1,539,736 31,716,521 $651,005 $110,000 $65,000 $826,005 $613,731 $100,000 $713,731 $176,785 $1,716,521 ~~ Exhibit A Projects Recommended for FY10 CDBG & HOME Funding ECONOMIC DEVELOPMENT Economic Development Fund* HOUSING PROJECTS Isis Investments LLC -Rental The Housing Fellowship -Rental The Housing Fellowship - CHDO Operating Dolphin Lake Point -Homeownership Iowa City Housing Authority - TBRA William Wittig -Rental City of Iowa City -Housing Rehabilitation* PUBLIC FACILITIES PROJECTS First Mennonite Church -Home Ties A tion United Action for Youth -Facility Rehabilit ion Shelter House -New Construction 2 '~~ DVIP -Facility Rehab. MECCA -Facility Rehabilitation CMHC -Facility Rehab. Neighborhood Centers of JC -Facility Rehab. Arc of Southeast Iowa -Facility Rehabilitation PUBLIC SERVICE PROJECTS Iowa City Free Medical Clinic -Operations Shelter House -Operations Successful Living -Operations Aid to Agencies* ADMINISTRATION AND PLANNING HOME Program Administration CDBG Program Administration"and Planning SOURCE OF FUNDS FY10 CDBG Entitlement FY10 Anticipated CDBG Program Income FY10 HOME Entitlement FY10 Anticipated HOME Program Income TOTAL CDBG TOTAL HOME FY10TOTAL $5,000.00 $2, 500.00 $2 , 500.00 $105,000.00 $115,000.00 $61,373.00 $152,201.00 $213,574.00 $1,474,736.00 $651,005.00 110,000.00 $ 1,005.00 $613, 31.00 $100, 0.00 $713,7 .00 $1,474,7 FY09 Annual Action Plan Amendment for the American Recovery & Reinvestment Act (a.k.a Stimulus Bill) Total Funds: $176,785 First Mennonite Church -Home Ties allocated $60,000 z Shelter House New Construction allocated $116,785 (Total FY09 & FY10 CDBG Award of $200,000) HCDC (3/26/09) Recommendation or Request Council Earmark* $95,000.00 $95,000.00 Subtotal $95,000.00 $95,000.00 Subtotal Sub $250,000.00 $400,000.00 $50,000.00 $558,000.00 $180,000.00 $66,400.00 $230,000.00 $150,000.00 $220,000.00 $30,687.00 $90,000.00 $110,000.00 $20,000.00 $230.000.00' $1,734,400.00 $850, $60,000.00 $0.00 $18,000.00 $18,000. 00 $300,000.00 $83,215. 00 $12,256:00 $12,256. 00 $43;639.00 $32,399. 00 $33,376.00 $23,504. 00 $26,615.00 $26,601. 00 $4,500.00 $4,500.00 I $498,386.00 $200,475.00 $10,000.00 $7,500.00 $8,000.00 105,000.00 $ 0,500.00 $61,3 .00 $152,20 00 $213,574. 0 Subtotal Subtotal TOTAL $2,671,860 Exhibit A Projects Recommended for FY10 CDBG & HOME Funding HCDC (3/26/09) HCDC (5/4/09) Recommendation or Recommendation or Request Council Earmark* Council Earmark" ECONOMIC DEVELOPIV~ENT Economic Development Fu d* $95,000.00 $95,000.00 $95,000.00 Subtotal $95,000.00 $95,000.00 $95,000.00 HOUSING PROJECTS /' Isis Investments LLC -Rental $250,000.00 00 $400 000 $150,000.OC 006 00 $220 $150,000.00 000.00 $220 The Housing Fellowship -Rental The Housing Fellowship - CHDO Op rating , . $50,000.00 . , $30,687.00 , $30,687.00 Dolphin Lake Point -Homeownership $558,000.00 $90000.00 000 00 110 $120,000.00 632 00 $148 Iowa City Housing Authority - TBRA $180,000.00 . , $ . , William Wittig -Rental $66,400.00 20,000.00 $20,000.00 City of Iowa City -Housing Rehabilitation* $230,000.00 $230,000.00 $230,000.00 Subtotal $1,734,400.00 $850,687.00 $919,319.00 PUBLIC FACILITIES PROJECTS First Mennonite Church -Home Ties Addition' $60,000.00 $0.00 $0.00 United Action for Youth -Facility Rehabilitation $18,000.00 $18,000.00 $18,000.00 Shelter House -New Construction z $300,000.0 $83,215.00 $99,483.00 DVIP -Facility Rehab. $12,256. $12,256.00 $12,256.00 MECCA -Facility Rehabilitation $43,639 0 $32,399.00 $32,399.00 CMHC -Facility Rehab. $33,37 .00 $23,504.00 $23,504.00 Neighborhood Centers of JC -Facility Rehab. $26,6 5.00 $26,601.00 $26,601.00 Arc of Southeast Iowa -Facility Rehabilitation $4,5 0.00 $4,500.00 $4,500.00 Subtotal 49 ,386.00 $200,475.00 $216,743.00 PUBLIC SERVICE PROJECTS Iowa City Free Medical Clinic -Operations 1 00.00 $5,000.00 $5,000.00 Shelter House -Operations $7,5 0.00 $2,500.00 $2,500.00 Successful Living -Operations $8,00 00 $2,500.00 $2,500.00 Aid to Agencies" $105,00 00 $105,000.00 $105,000.00 Subtotal $130,500.0 $115,000.00 $115,000.00 ADMINISTRATION AND PLANNING HOME Program Administration $61,373.00 $61,373.00 $61,373.00 CDBG Program Administration and Planning $152,201.00 $152,201.00 $152,201.00 Su total $213,574.00 $213,574.00 $213,574.00 OTAL $2,671,860.00 1,474,736.00 $1,559,636.00 SOURCE OF FUNDS FY10 CDBG Entitlement $6 1,005.00 $667,273.00 FY10 Anticipated CDBG Program Income $11 00.00 $110,000.00 TOTAL CDBG $761, 05.00 $777,273.00 FY10 HOME Entitlement $613,73 00 $682,363.00 FY10 Anticipated HOME Program Income $100,000.0 $100,000.00 TOTAL HOME $713,731.0 $782,363.00 FY10 TOTAL $1,474,736.00 $1,559,636.00 FY09 Annual Action Plan Amendment r the American Recovery 8 Reinvestment Act (a.k.a Stimulus Bill) Total Funds: $176,785 ~ First Mennonite Church -Home Tie allocated $60,000 z Shelter House New Construction a~ocated $116,785 (To tal FY09 & FY10 CDBG Award of $2 16,268) M~~ May 5 , 2009 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa , at ~ : 00 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: ******* The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $4,995,000 General Obligation Capital Loan Notes, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses and streets; the opening, widening, extending, grading and draining of the right-of--way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire department, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E, in order to provide funds to pay costs of the refunding of outstanding general obligation indebtedness of the City, including the Series 2001 General Obligation Bonds dated June 15, 2001, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24, 3 84.24A and 3 84.25 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of $700,000 General Obligation Capital Loan Notes in order to provide funds to pay costs of improvements to the Salt Storage Building, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. 4 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $680,000 General Obligation Capital Loan Notes in order to provide funds to pay costs of the renovation, improvement and equipping of recreation grounds, including the Soccer Field and the Napoleon Softball Field; the acquisition of art for public buildings and areas and roof repair and elevator improvements to a Recreation Center, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. 5 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $360,000 General Obligation Capital Loan Notes in order to provide funds to pay costs of City Hall remodeling; miscellaneous improvements to City Hall; improvements to the Mercer Swimming Pool, including filter system replacement and roof repair to the Senior Center, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. 6 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $510,000 Taxable General Obligation Capital Loan Notes in order to provide funds to pay costs of General Rehabilitation and Improvement Program housing improvements and low income housing improvements in connection with the Housing Fellowship necessary for the operation of the City and the health and welfare of its citizens, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. 7 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Hayek introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, and moved: 0 that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member O'Donnell seconded the motion. The roll was called and the vote was, AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-139 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $4,995,000 General Obligation Capital Loan Notes for the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses and streets; the opening, widening, extending, grading and draining of the right-of--way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, 8 improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire department, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $4,995,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of tray , 2009. ATTEST: City Jerk 9 C.. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Hayek introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E", and moved: that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member Wright seconded the motion. The roll was called and the vote was, AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, NAYS: Correia, Hayek None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-140 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E, for the purpose of paying costs of the refunding of outstanding general obligation indebtedness of the City, including the Series 2001 General Obligation Bonds dated June 15, 2001, and has considered the extent of objections received from residents or property owners as to the proposal and, 10 accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E, to evidence the obligation thereof for the foregoing purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of rtay , 2009. ATTEST: City Jerk 11 Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $700,000 GENERAL OBLIGATION CAPITAL LOAN NOTES," and moved: ^x that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member o' Donnell seconded the motion. The roll was called and the vote was, AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell NAYS: N Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-141 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $700,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $700,000 General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of paying costs of improvements to the Salt Storage Building, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of 12 $700,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of May , 2009. ATTEST: ~~~, City Jerk 13 ' ~ ''~ 05-OS-09 v 10 Whereupon, Council Member wright introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN NOTES," and moved: ^x that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member O'Donnell seconded the motion. The roll was called and the vote was, AYES: Wright, Bailey, Champion, Correia, Havek, O'Donnell, Wilburn NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-142 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $680,000 General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of paying costs of the renovation, improvement and equipping of recreation grounds, including the Soccer Field and the Napoleon Softball Field; the acquisition of art for public buildings and areas and roof repair and elevator improvements to a Recreation Center, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: 14 Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $680,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of Maw , 2009. ATTEST: ~~ 7~ City lerk 15 11 Whereupon, Council Member O'Donnell introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN NOTES," and moved: 0 that the Resolution be adopted. ^ To ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of 2009, at this place. Council Member Champion seconded the motion. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek,0'Donnell, Wilburn, Wright NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-143 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $360,000 General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of paying costs of City Hall remodeling; miscellaneous improvements to City Hall; improvements to the Mercer Swimming Pool, including filter system replacement and roof repair to the Senior Center, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: 16 Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $360,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of May , 2009. ATTEST: ~~ City erk 17 ~~G~ - 12 Whereupon, Council Member champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, "and moved: that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member Wright seconded the motion. The roll was called and the vote was, AYES: Champion, Correia Hayek, O'Donnell, Wilburn. Wright, Bailey NAYS Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-144 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $510,000 Taxable General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of paying costs of General Rehabilitation and Improvement Program housing improvements and low income housing improvements in connection with the Housing Fellowship necessary for the operation of the City and the health and welfare of its citizens, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: 18 Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $510,000 Taxable General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 5th day of May , 2009. ATTEST: City erk 19 .,~ Ma_y 5 , 2009 The Finance Director of the City of Iowa City, State of Iowa, met in session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa , at 10:00 o'clock A .M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock F .M. on the above date. The following persons were present: Kevin O'Malley, Marian Karr, Cyndi Ambrose, Jon Burmeister Absent: ******* 20 This being the time and place for the opening of bids for the sale of $6,685,000 General Obligation Capital Loan Notes, Series 2009C, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: None 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Hutchinson, Shockey, Erley & Co. Chicago, IL Robert W. Baird & Co,. Inc. Milwaukee, WI BF10 Capital Markets Chicago, IL 4. The best bid was determined to be as follows: Name & Address of Bidder: Hutchinson, Shockey, Erley & Co. uofr~Chicago, IL True Interest Rate: 2:739141 Net Interest Cost: $ 1, 068 , 557.32 All bids were then referred to the Council for action. 21 This being the time and place for the opening of bids for the sale of $505,000 Taxable General Obligation Capital Loan Notes, Series 2009D, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: None 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: United Bankers Bank Minneapolis, MN UMB Bank, N.A. Kansas City, MO Northland Securities, Inc. Minneapolis, MN D.A. Davidson & Co. Denver, CO Wells Fargo Brokerage Minneapolis, MN 4. The best bid was determined to be as follows: Name & Address of Bidder: United Bankers Bank of Minneapolis, MN True Interest Rate: 2.68898 Net Interest Cost: $ 40,742.97 All bids were then referred to the Council for action. 22 This being the time and place for the opening of bids for the sale of $ 6,135,000 General Obligation Refunding Capital Loan Notes, Series 2009E, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name 8c Address of Bidders: None 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Robert W. Baird & Co. Milwaul€ee, WI Hutchinson, Shockey, Erley & Co. Chicago, IL BMO Capital. Plarkets Chicago, IL Piper Jaffray Minneapolis, MN 4. The best bid was determined to be as follows: Name & Address of Bidder: Robert W. Baird & Co. of ChicaQO, IL True Interest Rate: 2.214720 Net Interest Cost: $ 576,261.47 All bids were then referred to the Council for action. 23 M~-~- MaX 5 , 2009 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa , at 7 : o0 o'clock p .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: ******* 24 13 Council Member _ champion introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C," and moved its adoption. Council Member O'Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Baile NAYS: N Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 09-145 RESOLUTION DIRECTING SALE OF $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C: Bidder: Hutchinson, Shockey, Erley of Chicago, IL the terms of said bid being: Purchase Price: $ 6,845,786.85 True Interest Rate: 2.739141 Net Interest Cost: $ 1,068,557.32 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 5th day of _~y , 2009. ATTEST: . _ q~_-p~~zc.~~ City Clerk 26 5- - 9 13 Council Member introduced the following Reso tion entitled " SOLUTION DIRECTING SALE OF $6,685,000 GENERAL OB GATION CAPITAL OAN NOTES, SERIES 2009C," and moved its adoption. Cou it Member seconded the motion to adopt. The roll was call and the vote was, AYL~S: NAYS: Whereupon, the Mayor declared the followin~Resolution duly adopted: RESOLUTION DIRECTING SHALE OF ,685,000 GENERAL OBLIGATION CAPITAL LOAN NOT S, SERIES 2009C WHEREAS, pursuant to notice as req / 'red by law, bids have been received at public sale for the notes described as follows a the best bid received is determined to be the following: $6,685,000 GENERAL OB GATION CAPI L LOAN NOTES, SERIES 2009C: Bidder: the terms of said bid bei Purchase Prig/. $ of True Inte~st Rate: Net Ingest Cost: $ 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and rr~ost favorable bid received and, the notes are hereby awarded based on the bid. Section 2. at the statement of information for bidders and the orm of contract for the sale of the no es are hereby approved and the Mayor and Cle are authorized to execute the same on b alf of the City. PASSED AND AI~PROVED this day of~ , 2009. May ATTEST: City Clerk 26 ' ' 7~ 14 Council Member hampion _ introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D," and moved its adoption. Council Member O'Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Correia, Hayek, O'Donnell,Wilburn, NAYS: Wright, Bailey None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 09-146 RESOLUTION DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D: Bidder: United Ba~icers Bank of Minneapolis, MN the terms of said bid being: Purchase Price: $ 503,030.50 True Interest Rate: 2.68898 Net Interest Cost: $ 40,742.97 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 5th day of Tray , 2009. ATTEST: City erk 28 14 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES NAYS: Whereupon, the Mayor de Tared the followitg Resolution duly adopted: RESOLUTION DIRECTIN SALE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL L N N ES, SERIES 2009D WHEREAS, pursuant to notice public sale for the notes described as f be the following: $505,000 TAXABLE GE]~ER NOTES, SERIES 2009D. Bidder: / of the terms of said bid bei Purchase Pric . $ True Inter t Rate: Net Int est Cost: $ sired by law, bids have been received at and the best bid received is determined to IGATION CAPITAL LOAN 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of 'nformation for bidders and the form of contract for the sale of the notes are hereby app~oved and the Ma rand Clerk are authorized to execute the same on behalf of the City.l PASSED AND APPROVED thi~ _~ day of , 2009. Mayor ATTEST: City Clerk ~ 28 ~ ~ nn ~ ua-va-uy Council Member Champion introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ 6,135,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E," and moved its adoption. Council Member 0 ~ Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Correia H~yek, O~nonnell_ Wilhnrn_ Wright Bailees NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 09-147 RESOLUTION DIRECTING SALE OF $ s,T35,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $ 6 ,135 , 000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E: Bidder:Robert W. Baird & Co, Inc of Milwaukee, WI the terms of said bid being: Purchase Price: $ 6,410,788.95 True Interest Rate: 2.214720 Net Interest Cost: $ 576,261.47 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section I .That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 5th day of May , 2009. ATTEST: Z~ .~ ~.~ City rk 30 uo-ua-uy 15 Council Member _ introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: i NAYS Whereupon, the M or declared the following Res lution duly adopted: RESOLUTION DIRE TING SALE OF $ GENERAL OBLIGATION REFU ING CAPITAL LOAN NOTES, SERIES 2009E WHEREAS, pursuant to n~tice as requi~d by law, bids have been received at public sale for the notes described as follows: and the best bid received is determined to be the following: ~ $ GENERAL OBL ATION REFUNDING CAPITAL LOAN NOTES, SERIES 200 ~` Bidder: of the terms of said bid being: / Purchase Price: $ True Interest ate: Net Inter~t Cost: $ 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That th statement of information for bidders and the form of contract for the sale of the notes ar hereby approved and the Mayor and erk are authorized to execute the same on behalf f the City. PASSED AND APPR~VED this _ day qi` , 2009. Ma ATTEST: City Clerk 30 16 Council Member Champion introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2001, DATED JUNE 15, 2001 OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member 0' Donnell seconded the motion to adopt. The roll was called and the vote was, AYES; Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Bailev NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 09-148 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2001, DATED JUNE 15, 2001 OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated June 12, 2001, authorize the issuance of $11,500,000 General Obligation Bonds dated June 15, 2001 (the "Bonds"); and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2009 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $6,060,000 of the Bonds be so redeemed on June 8, 2009 and notice of redemption be given: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the outstanding Bonds dated June 15, 2001 maturing June 1, 2010 through and including June 1, 2016, in the principal amount of $6,060,000, be and the same are hereby redeemed as of June 8, 2009. The Controller is hereby authorized and directed to cause notice of redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. 31 Section 2. The City Controller is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed bonds to the date of redemption. Section 3. That the form of the notice be substantially as follows: 32 NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the bonds described below have been called for redemption. Owners of the bonds should present their bonds for payment on the redemption date. Issuer: Iowa City, Iowa Original Issue Amount: $11,500,000 Bond Issue: General Obligation Bonds, Series 2001 Dated Date: June 15, 2001 Redemption Date: June 8, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CUSIP Bond Principal Interest Maturity Numbers Numbers Amount Rate June 1st 462308 SG3 9 $755,000 4.250% 2010 462308 SH1 10 $790,000 4.375% 2011 462308 SJ7 11 $$20,000 4.500% 2012 462308 SK4 12 $860,000 4.600% 2013 462308 SL2 13 $900,000 4.700% 2014 462308 SMO 14 $945,000 4.800% 2015 462308 SN8 15 $990,000 4.900% 2016 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above bonds should be presented to the City Controller, City Hall, 410 E. Washington Street, Iowa City, Iowa 52240-1826. This represents a full call of the callable outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) 33 PASSED AND APPROVED this 5th day of May , 2009. Mayor ATTEST: City erk 34 ( v NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice th t the bonds described below have been called for redemption. Owners of the bonds should went their bonds for payment on the redemption date. Issuer: Iowa City, Iowa Original Issue Amount: $11,500, 00 Bond Issue: General Obligation Bonds, Se~ies 2001 Dated Date: June 15, 2 Redemption Date: June 8, 2009 Redemption Price: Par, plus accru~'interest i CUSIP Bond rincipal Interest Maturity Numbers Numbers Amount Rate June 1st 462308 SG3 9 $755,000 4.250% 2010 462308 SHl 10 $790,000 4.375% 2011 462308 SJ7 11 $820,000 4.500% 2012 462308 SK4 1 $860,000 4.600% 2013 462308 SL2 3 $900,000 4.700% 2014 462308 SMO 14 $945,000 4.800% 2015 462308 SN8 15 $990,000 4.900% 2016 No represent ion is made as to the accuracy of the C~SIP numbers printed herein or ory'the Bonds. The above bonds should be presented to the City Cdntroller, City Hall, 410 E. Washi gton Street, Iowa City, Iowa 52240-1826. This represents a full call of the calla e outstanding obligations. All interest will cease to accrue on the Redemption CITY CONTROLLER, Iowa City, Iowa (End of Notice) 33 ~~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. n9-i 49 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND ANISTON VILLAGE LIMITED PARTNERSHIP $282,000 TO PURCHASE LAND TO CONSTRUCT AFFORDABLE RENTAL HOUSING. WHEREAS, The Housing Fellowship, as general partner, has formed the Aniston Village Limited Partnership to purchase land to construct 22 single-family units of affordable rental housing; WHEREAS, The Housing Fellowship set up the limited partnership because this project will be financed in part with tax credits, and tax credits can only be awarded to for profit entities; WHEREAS, the Iowa Finance Authority has awarded Low-Income Housing Tax Credits to Aniston Village Limited Partnership; WHEREAS, in Resolution No. 08-303 the City Council committed to a $282,000 loan to Aniston Villages Limited Partnership amortized over 20 years financed through the issuance of general obligation bonds; and WHEREAS, it is in the best interest of the City to enter into a partial financing agreement for said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and City Clerk are authorized to execute the Agreement, a copy of which is attached, and incorporated herein. Passed and approved this 5th day of May , 2009. ATTEST: ~~~cJ CITY ERK Approved ~ City Attorney's Office r'' 1~ ~' Resolution No. 09-149 Page 2 It was moved by Correia and seconded by adopted, and upon roll call there were: AYES: NAYS: X x X- ~_ ~- x Wilburn ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc AGREEMENT This Agreement, entered into this 5th day of May 2009, by and between the City of Iowa City, a municipal corporation (hereinafter "City") and Aniston Village Court Limited Partnership (hereinafter "Aniston Village") in Iowa City, Iowa. WHEREAS, The Housing Fellowship, as general partner, has formed the Aniston Village Limited Partnership to purchase land to construct 22 single-family units of affordable rental housing; WHEREAS, said lots are located at 1062 Chamberlain Drive, 1076 Chamberlain Drive, 351-353 Westbury Court, 341-343 Westbury Court, and a 5.21 acre infill in Mount Prospect Part IX directly south of Lakeside Drive across from Grant Wood Elementary School; WHEREAS, The Housing Fellowship set up the limited partnership because this project will be financed in part with tax credits, and tax credits can only be awarded to for profit entities; WHEREAS, in Resolution No. 08-303 the City Council supported said affordable housing project by committing to a $282,000 loan funded by the issuance of bonds; WHEREAS, the City anticipates selling the General Obligation Bonds to provide a loan to The Housing Fellowship in April 2009 for delivery in June 2009; WHEREAS, Aniston Village applied for and has been awarded Low-Income Housing Tax Credits through the Iowa Finance Authority; and WHEREAS, Aniston Village is financing the project with a combination of Low-Income Housing Tax Credits, private financing and City General Obligation Bond funds. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Purpose. These funds will be used for the development of 22 single-family affordable housing units (collectively, "the Property"), legally described in Exhibit A, which is attached and incorporated herein. 2. Loan to Aniston Village. a. Loan Amount. On or about June 15, 2009, the City shall loan Aniston Village $282,000 to be financed by General Obligation debt ("loan"). b. Interest Rate. Interest on the loan shall be at the rate that the City sells the General Obligation Bonds in May 2009. c. Repayment. The loan of $282,000 to Aniston Village shall be amortized over twenty (20) years beginning June 15, 2009. Aniston Village shall make equal monthly payments on said loan beginning on the 15th day of January 2011 and continuing on the 15th day of each month thereafter until the 15th day of May 2029 (240 months). d. Promissory Note. Aniston Village will execute a Promissory Note consistent with the provisions of this paragraph upon receipt of the loan proceeds. e. Mortgage. The loan to Aniston Village of $282,000 shall be secured by a mortgage on the Property. Said mortgage shall also secure this Agreement. Prior to execution and recording of the mortgage, Aniston Village shall provide evidence satisfactory to the City that Aniston Village has clear title to the Property, subject only to a mortgage of $200,000 with a private lender yet to be determined. 3. Affordability Period. Aniston Village shall provide affordable rental housing to nine (9) of the units listed in Exhibit A for a minimum period of twenty (20) years from the date each unit is occupied by an eligible tenant and project completion data has been received by the City. With City approval, Aniston Village may designate which of the nine (9) units are subject to the affordability period, and said designation may change over time as long as there are always nine (9) HOME assisted units at all times. Aniston Village shall ensure that the HOME assisted units remain comparable to the non-assisted units during the period of affordability in terms of size, features and number of bedroom. The rents of the HOME assisted units shall be set at or below the HUD Fair Market Rent (FMR) for Iowa City, Iowa. Five (5) of the nine (9) HOME assisted units shall be affordable to household at or below 40% of area median income, as annually defined by HUD. Aniston Village shall give preference to households under 50% median family income during the affordability period. 4. Termination a. Termination of Agreement for Cause. If Aniston Village fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Aniston Village violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Aniston Village such termination, specifying the default or defaults, and stating that this Agreement shall be terminated thirty (30) days after the giving of such notice unless such default or defaults are remedied within such cure period. b. Termination of Agreement for Convenience. This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and Aniston Village shall agree upon the termination conditions, including the effective date and the disposition of loan. 5. Non-Discrimination. Aniston Village, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodations" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 6. Assignment. Aniston Village may not sell, transfer, or assign this Agreement (either directly or indirectly) or any legal or beneficial interest therein, without the prior written consent of the City, which consent may be withheld at the City's sole discretion. Any assignment made by Aniston Village without City's consent in violation of this shall be voidable at the City's option and shall constitute an Event of Default under Paragraph 15 of the mortgage to be executed as provided in Paragraph 2e above and shall constitute a basis for the City to terminate this Agreement for cause as provided in Paragraph 3a above. 7. Notices. Notices, statements and other communications to be given under the terms of the Agreement shall be in writing and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to the City: City Manager City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 If to Aniston Village. President Board of Trustees 322 E. Second Street Iowa City, Iowa 52240 Or at such other address as from time to time designated by the party receiving the notice. All such notices shall be deemed to have been fully given, made or sent when made by personal service or deposited in the United States Mail, Registered or Certified, postage prepaid. 8. Applicable Law. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Agreement. 9. Partial Invalidity. If any provision of the Agreement shall be invalid or unenforceable it shall not affect the validity or enforceability of any other provisions of the Agreement. 10. Heading. Headings as so the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Agreement or as a limitation on the scope of the particular section to which they refer. 11. Binding Effect. The covenants, conditions and agreements contained in the Agreement shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 12. Time is of the Essence. Time is of the essence in this Agreement. 13. Entire Agreement; Merger. The Agreement contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors. All prior written and oral understandings and agreements shall be deemed to have merged into the Agreement and have no further force and effect. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. CITY OF IOWA CITY, IOWA ANISTON VILLAGE LIMITED PARTNERSHIP By. ATTEST: 7~ - a-~n/ Cit -ierk STATE OF IOWA ) ss: JOHNSON COUNTY ) The Housing Fellowship, General Partner Maryann Dennis -Executive Director On this 5 ~ day of , A.D. 2009, before me, the undersigned, a notary public in and for the Stat of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s~„~ ~..~ ~'" ~ SONDRAE FORT Notary Public in and for the State of Iowa ? ~ Commission Number 159791 My Commission Expires ow ~ .xoi,. 3 7 ao a. My commission expires: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~ ~-~ , 2009 by Maryann Dennis as Executive Director of the general partner, The Housing Fellowship, of Aniston Village Limited Partnership . otary Pu in and for the State of Iowa M Commission ex fires: ~ Y p Approu+~d: ~_._ as ~ City Attorney's Office EXHIBIT A LEGAL DESCRIPTIONS OF PROJECT SITES Lot 18, Village Green, Part XXII, Iowa City, Iowa, according to the plat thereof recorded in Book 44, Page 335, Plat Records of Johnson County, Iowa. With a street address of 1062 Chamberlain Drive, Iowa City, IA 52240. Lot 19, Village Green, Part XXII, Iowa City, Iowa, according to the plat thereof recorded in Book 44, Page 335, Plat Records of Johnson County, Iowa. With a street address of 1076 Chamberlain Drive, Iowa City, IA 52240. .Lot 21, O/de Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of Johnson County, Iowa. Also known as 353 Westbury Court, Iowa City, lA. Lot 22, Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of Johnson County, Iowa. Also known as 351 Westbury Court, Iowa City, IA. Lot 23, Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of Johnson County, Iowa. Also known as 343 Westbury Court, Iowa City, IA. Lot 24, Olde Towne Village, Iowa Cify, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of Johnson County, Iowa. Also known as 341 Westbury Court, Iowa City, IA. Lot 307, Mount Prospect Addition, Part Vlll, Iowa City, Iowa, according to the plat thereof recorded in Book 37, Page 269, Plat Records of Johnson County, Iowa, including the real property described on the Quit Claim Deed recorded in Book 2755, Page 7, Records of the Johnson County Recorder. Also known as the Mount Prospect Addition, Part IX, (Lots 1-16) Iowa City, IA. ~i~®~ ~~~~~~~ . ,~®,.~ us.us-us CITY OF IOWA CITY Z~ MEMORANDUM TO: City Council FROM: Tracy Hightshoe, Associate Planner DATE: April 21, 2009 RE: City of Iowa City General Obligation Bond Issuance for the Aniston Villages Limited Partnership City Council allocated $545,772 in FY08 and FY09 HOME funds to The Housing Fellowship to develop 22 single family units of affordable rental housing located at 1062 and 1076 Chamberlain Drive, 351-353 Westbury Court, 341-343 Westbury Court, and 16 lots in the Mount Prospect Addition Part IX, a 5.21 acre infill development directly south of Lakeside Drive, across from Grant Wood Elementary. The Housing Fellowship formed the Aniston Villages Limited Partnership, a for profit entity, to apply for Low Income Housing Tax Credits through the Iowa Finance Authority. This was necessary as tax credits may only be awarded to for profit entities. The Housing Fellowship will serve as the General Partner. The Iowa Finance Authority awarded Low Income Housing Tax Credits for this project. The Aniston Villages Limited Partnership requests a $282,000 loan from the City to be financed through general obligation bond funds. The Council approved, through Resolution 08-303, a commitment to loan the project $282,000 funded by the issuance of bonds on October 6, 2008. The amount of general obligation funds requested represents the difference between the total project cost and the anticipated sources that will be received for this project. The interest rate will be determined at the time the bonds are issued and will be repaid over 20 years. The homes to be constructed will remain as affordable rental units for 20 years. On the May 5 Council agenda there will be a resolution authorizing the general obligation bond sale. If there are any questions, please contact Steve Long or Tracy Hightshoe at 356.5230. ~~f ~~ 5- 5- 9 ' 21 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-150 RESOLUTION APPROVING AN AGREEMENT TO PURCHASE 612 NORMANDY DRIVE WITH A STATE COMMUNITY DISASTER GRANT. WHEREAS, the City Council has a flood mitigation strategy that includes attempting to purchase all residential property in the 100-year floodplain of the Iowa River; WHEREAS, although 612 Normandy Drive ("the property") is in the 100-year floodplain, it is not eligible for the federal Hazard Mitigation Grant Program (a/k/a the "FEMA buyout"); WHEREAS, the State of Iowa in House File 64 established a disaster recovery program entitled the "Community Disaster Grants" for, among other reasons, to provide funds to local governments to purchase land that is not eligible for the FEMA buyout; WHEREAS, the City applied for a Community Disaster Grant to purchase the property, and the State has notified City staff that the grant has been approved; WHEREAS, City staff have negotiated a purchase agreement with the owner of the property, a copy of which agreement is attached, that requires City Council approval; and WHEREAS, the City finds that said purchase agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached purchase agreement is approved. 2. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase the property in accordance with said purchase agreement. Passed and approved this 5th day of May , 2009. ATTEST: tit~iJ CITY LERK City Attorney's Office Resolution No. 09-150 Page 2 It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ~- x X- X ~_ x x ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Scott A. Anderson and Jaclyn K. Anderson, Sellers 1. REAL ESTATE DESCRIPTION. Buyer offers to buy real estate in Johnson County, Iowa, and legally described as follows, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others): Lot Sixty-four (64), Park View Terrace Subdivision, Iowa City, Iowa, according to the reocrded plat thereof, provided Buyer, on possession, is permitted to make the following use of the Real Estate: public use 2. PRICE. The purchase price shall be $319,065.00, payable at JOHNSON County, Iowa, as follows: purchase price to be paid in full upon possession and closing. 3. REAL ESTATE TAXES. a. Sellers shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2009) due and payable in the subsequent fiscal year (commencing July 1, 2009). Buyer shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. -2- 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyer. b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyer after Sellers have performed under this paragraph and notified Buyer of such performance. Buyer, if it desires, may obtain additional insurance to cover such risk. 6. CONDITION OF PROPERTY. a. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if S.a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. b. Within 15 days after the acceptance of this Agreement Buyer may, at its sole expense, have the properly inspected by a person of its choice to determine if there are any structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within this same period, Buyer may notify in writing the Sellers of any deficiency. Sellers shall immediately notify Buyer in writing of what steps, if any, Sellers will take to correct any deficiencies before closing. Buyer shall then immediately in writing notify Sellers that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the Properly and is purchasing the real estate in its existing condition. 7. ENVIRONMENTAL MATTERS. a. Sellers warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels of radon gas, asbestos or urea- formaldehyde foam insulation which require remediation under current environmental standards, and Sellers have done nothing to contaminate the property with hazardous wastes or substances. Sellers warrant that the properly is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Sellers also shall provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: -3- b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Sellers are required by Buyer pursuant to the foregoing sentence, to expend any sum in excess of $ .00 to remove any hazardous materials, substances, conditions or wastes, Sellers shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by Sellers, subject to Sellers' right to cancel this transaction as provided above. 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title, both parties' timely performance of all obligations herein, and satisfaction of all contingencies, closing shall be held on the date 45 days after acceptance of this offer by Sellers and possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Sellers, at Buyer's expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in l.a. through l.d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of -4- survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 11. 14. JOINDER BY SELLERS' SPOUSES. Sellers' spouses, if not titleholders immediately preceding acceptance of this offer, execute this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 16. REMEDIES OF THE PARTIES. a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available. to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to. a lien on the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. -5- 21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers by 5:00 p.m. on March 26, 2009, it shall become void and all payments shalt be repaid to the Buyer. 23. OTHER PROVISIONS. a. This offer is subject to Buyer obtaining a community disaster grant from the State of Iowa through a program created by HF 64. b. This agreement shall be subject to formal approval by the City Council. DATED: CITY OF IOWA CITY, IOWA, Buyer City Manager or designee t This offer is accepted ~ /'G ~ ~ ~ , 2009. SELLERS ~(/r Scott A. Anderson ~ O Q Q~ ~ ~ ~~ Taxpayer ID No. O J yn K. Anderson Taxpayer ID No. ~ ~~- 9-z `S~o $ IV l~ S-OS- g 22 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-151 RESOLUTION APPROVING AN AGREEMENT TO PURCHASE 105 TAFT SPEEDWAY WITH A STATE COMMUNITY DISASTER GRANT. WHEREAS, the City Council has a flood mitigation strategy that includes attempting to purchase all residential property in the 100-year floodplain of the Iowa River; WHEREAS, although105 Taft Speedway ("the property") is in the 100-year floodplain, it is not eligible for the federal Hazard Mitigation Grant Program (a/k/a the "FEMA buyout"); WHEREAS, the State of Iowa in House File 64 established a disaster recovery program entitled the "Community Disaster Grants" for, among other reasons, to provide funds to local governments to purchase land that is not eligible for the FEMA buyout; WHEREAS, the City applied for a Community Disaster Grant to purchase the property, and the State has notified City staff that the grant has been approved; WHEREAS, City staff have negotiated a purchase agreement with the owner of the property, a copy of which agreement is attached, that requires City Council approval; and WHEREAS, the City finds that said purchase agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached purchase agreement is approved. 2. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase the property in accordance with said purchase agreement. Passed and approved this 5th day of May , 2009. ATTEST: / CIT ~GLERK hNNIVVCU uy ~~~~~ ~ - a 3 _~ ~ City Attorney's Office Resolution No. nA_~5~ Page 2 It was moved by Wilburn and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x X ~- x ~t NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc COUNTER OFFER Address of Property: 105 Taft Speedway, Iowa City, Iowa (Legal from Offer) The Seller declines to accept the terms of the purchase agreement attached hereto; however, the undersigned submit to the Buyer herein the following counter offer: 1. Change of Purchase Price: $285,000.00 2. Change of Possession Date: Paragraph 8: "...90 days after acceptance of this offer..." 3. Other Changes: a. Paragraph Sb, insert: "current amount" in blank b. Paragraph 7a, insert: "Seller makes no representations about substances deposited by flood of 2008" c. Paragraph 9, insert: "Seller retains salvage rights to the following items: 1) All kitchen and bathroom cabinets. 2) Furnace and hot water heater. 3) All maple flooring. 4) All interior doors in the house and 5 exterior windows located in living room and master bedroom. 5) Wood stove and chimney. 6) All kitchen appliances. 7) All decorative light fixtures and ceiling fans." d. Paragraph 23a, number should be $285,000.00 e. Signature line and addressee should include "Kerrie S. Miller" as a seller. 4. In all other respects not inconsistent with the terms of this counter-offer, the counter offer includes the same terms as set forth in the purchase agreement as submitted by Buyer. 5. This counter-offer must be accepted by the Buyer, by indicating the Buyer's acceptance hereafter, no later than 5:00 o'clock P.M. on the 1st day of April, 2009. In the event the counter-offer is not thus accepted, the counter-offer shall be null and void and any payments made herein shall be returned to the Buyer. If this counter-offer is accepted, the counter-offer shall become a binding contract for the sale and purchase of the real property described in this counter-offer and purchase agreement. Dated this a ~ day of March, 2009. Richard N. Miller, Seller Kerrie S. Miller, Seller This Counter-offer and its terms as accepted by the undersigned Buyer on this ~ day of March, 2009. City of Iowa City, Iowa, Buyer By - ~ • /~ ~ ~-c~-c~ -. o City Manager or Designee F:~REAL ESTATE GRiMClieot FiksVvLlla, Richard~Comta offs on I05 Taft Spadway.wpd OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Richard N. Miller, Seller 1. REAL ESTATE DESCRII'TION. Buyer offers to buy real estate in Johnson County, Iowa, and legally described as follows, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others): Lot 21 in Idylwild, being a subdivision of a tract of land containing 12.21 acres on south side of Lot 1, Section 3, Township 79 North, Range 6 West of the 5'~' P.M. according to the Plat thereof recorded in Book 1, page 120, Plat Records of Johnson County, Iowa, provided Buyer, on possession, is permitted to make the following use of the Real Estate: 2. PRICE. The purchase price shall be $257,000.00, payable at JOHNSON County, Iowa, as follows: purchase price to be paid in full upon possession and closing. 3. REAL ESTATE TAXES. a. Sellers shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2009) due and payable in the subsequent fiscal year (commencing July 1, 2009). Buyer shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. -2- c. All other special assessments shall be laid by Buyer. 5. RISK OF LOSS AND INSURANCE. Rislu: of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with »ellers until possession of the Real Estate shall be delivered to Buyer. b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to thae appropriate insurance policies naming Buyer as additional insureds as their interests Panay appear. Risk of loss from such insured hazards shall be on Buyer after Sellers have performed under this paragraph and notified Buyer of such performance. Buyer, if it desires., may obtain additional insurance to cover such risk. 6. CONDITION OF PROPERTY. a. The Real Estate shall be preserved in .its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if S.a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds: iin lieu of the Real Estate in its present condition and Sellers shall not be required to repair car replace same. b. Within 15 days after the acceptance of this Agreement Buyer may, at its sole expense, have the property inspected by a pkerson of its choice to determine if there are any structural, mechanical plumbing, elecatrical, environmental, or other deficiencies. Within this same period, Buyer may notify in writing the Sellers of any deficiency. Sellers shall immediately notify Buyer in writing oaf what steps, if any, Sellers will take to correct any deficiencies before closing. Buyer shall then immediately in writing notify Sellers that (1) such steps are acceptable, in which ca~.se this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest: money shall be returned to Buyer. c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the Property and is purchasing the real estate in its existing condition. 7. ENVIRONMENTAL MATTERS. a. Sellers warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property dlaoes not contain levels of radon gas, asbestos or urea- formaldehyde foam insulation whicta require remediation under current environmental standards, and Sellers have done naithing to contaminate the property with hazardous wastes or substances. Sellers warrant tthat the property is not subject to any local, state, or federal judicial or administrative aeon, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Sellers also shall provide Buyer with a properly executed -3- GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Sellers are required by Buyer pursuant to the foregoing sentence, to expend any sum in excess of $ .00 to remove any hazardous materials, substances,. conditions or wastes, Sellers shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by Sellers, subject to Sellers' right to cancel this transaction as provided above. 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title, both parties' timely performance of all obligations herein, and satisfaction of all contingencies, closing shall be held on the date 45 days after acceptance of this offer by Sellers and possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Sellers, at Buyer's expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in l .a. through l.d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. -4- 13. JOINT TENANCY 1N PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance of the price due Sellers under this contract to the surviving Seiler and to accept a deed from the surviving Seller consistent with Paragraph 11. 14. JOINDER BY SELLERS' SPOUSES. Sellers' spouses, if not titleholders immediately preceding acceptance of this offer, execute this contract only for the purpose of relinquishing all rights of dower; homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 1 S. TIME IS OF.THE ESSENCE. Time is of the essence in this contract. 16. REMEDIES OF THE PARTIES. a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. -5- 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shalt apply to and bind the successors in interest of the parties. 21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers by 5:00 p.m. on March 26, 2009, it shall become void and all payments shall be repaid to the Buyer. 23. OTHER PROVISIONS. a. This offer is subject to Buyer obtaining a community disaster grant to purchase the real estate for the purchase price of $257,000 from the State of Iowa through a program created by HF 64. b. This agreement shall be subject to formal approval by the City Council. DATED: CITY OF IOWA CITY, IOWA, Buyer By: City Manager or designee This offer is accepted SELLERS 2009. Richard N. Miller Taxpayer ID No._ M.!„ d Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. ng-~ 5~ RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.28 ACRE PARCEL OF LAND ON AUDITOR'S PARCELS 2008005 AND 2008004, SOUTHEAST OF DODGE STREET COURT IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY. WHEREAS, Willa J. Dickens 2006 Revocable Trust (Owner) desires to divide and sell a portion of its land; and WHEREAS, in order to avoid creating aland-locked parcel, Owner is willing and able to dedicate certain land to the City to be used as public right-of-way; and WHEREAS, said right-of-way to be dedicated is described as "Road ROW Dedication Area° on the Amended Plat of Survey for Auditor's Parcels 2008004 and 2008005, Iowa City, Iowa, recorded in Plat Book 54, Page 24, in the Johnson County Recorder's Office; and WHEREAS, City Code provides that the City formally accept the dedication of land for right-of- way by resolution; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel for public right-of-way, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 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 acceptance of said dedication. Passed and approved this Szh day of yC~~ ATTEST:~~ .~ ~- ` ~ CIT -L-ERK Ci y Attorney's Office ~ 3n job Resolution No. 09-152 Page 2 It was moved by 0' Donnell and seconded by Hayek 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/gbssary/resolution-ic.doc 23 Prepared by: Sara Greenw~d Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA RESOLUTION NO. 356-5030 RESOLUTION APPR VING THE ACCEPTANCE OF THE DEDI ATION OF A 0.28 ACRE PARCEL F LAND ON AUDITOR'S PARCELS 008005 AND 2008004, SOUTHEAST OF DODGE STREET COURT I IOWA CITY, JOHNSON COUNTY, IOW AS PUBLIC RIGHT-OF-WAY. WHEREAS, Willa J. Dickens 2006 Revo able Trust (Owner) desires o divide and sell a portion of its land; and WHEREAS, in order to avoid creating aland- cked parcel, Ow er is willing and able to dedicate certain land to the City to be used as public right f-way; and WHEREAS, said right-of-way to be dedicated is d cribed s "Road ROW Dedication Area" on the Amended Plat of Survey for Auditor's Parcels 200 04 and 2008005, Iowa City, Iowa, recorded in Plat Book _, Page _, in the Johnson C y Recorder's Office; and WHEREAS, City Code provides that the City formally c pt the dedication of land for right-of- way by resolution; and WHEREAS, the City Council finds acceptance of id dedicati to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY HE CITY COUN L OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referen ed parcel for public righ -of-way, in a form of conveyance approved by the City orney's Office, is hereby appr ed and authorized. 2. Upon direction of the City Attor y, the Mayor is authorized to sign d the City Clerk to attest any and all documen tion necessary to effectuate the a eptance of said dedication. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Appr ved by ~~ Z ~-~'~2~ ,2~ City Attorney's Office y ~ ~~, t. ~_i NOTICE TO BIDDERS 2009 WATER MAIN DIRECTIONAL BORING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 29th day of April, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 5th day of May, 2009, or at special meeting called for that purpose. The Project will involve the following: Furnish labor, supplies and equipment to install PVC water main by directional boring. Directional Bore 6-inch PVC - 2,225 LF Directional Bore 8-inch PVC - 3,385 LF All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Site 1 -Roosevelt Street Working Days: 5 Specified Start Date: May 11, 2009 Liquidated Damages: $200.00 per day Site 2 -Keokuk Street Working Days: 15 Specified Start Date: June 8, 2009 Liquidated Damages: $200.00 per day Site 3 -Laura Drive/Knollwood Lane Working Days: 15 Specified Start Date: August 3, 2009 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Iowa City Engineer's Office in Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK M~ 05-05-09 24 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 09-153 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT. WHEREAS, Terrell Construction, Inc. of Swisher, Iowa has submitted the lowest responsible bid of $110,750.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Terrell Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 5th day of rtay , 20 09 ,-, n ATTEST: ~' CITY ERK 7A~/rc~L ~~vZ~-~~ It was moved by wi lh~irn and seconded by Hayek 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 pweng\res\awrdcon-09 WM directional boring.doc 4/09 City Attorney's Office ~_, ^(;^, -` NOTICE TO BIDDERS 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 29th day of April, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 5th day of May, 2009, or at special meeting called for that purpose. The Project will involve the following: Replacement of 3,750 SF PCC Pavement, 1,250 SF of HMA Pavement, 50 SF of HMA, 8,850 SF of 4" Sidewalk, 725 SF of 6" Sidewalk and Curb Ramp, 50 SF Exposed Aggregate Surface Finish PCC Pavement, 112 SF of ADA Truncated Domes, and 1,700 SF of Removals. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: Division I: June 12, 2009 Divisionll: July 31, 2009 Division III: September 18, 2009 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ~~~ 25 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 09-154 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. WHEREAS, Feldman Concrete of Coralville, Iowa has submitted the lowest responsible bid of $90,072.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Feldman Concrete, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 5th day of ATTEST: CITY ERK 20 09 Attorney's Office ~-~-9-vs It was moved by wilbLrn _ and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x X x X x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\awrdcon-09-pavereplacewatermain.doc 4109 ~~ NOTICE TO BIDDERS BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 28th day of April, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall, in City Hall at 7:00 P.M. on the 5th day of May, 2009, or at special meeting called for that purpose. The Project will involve the following: Removal of reinforced concrete bridge deck; 161 cu. yds. Concrete Bridge Deck installation 58,126 lbs. Epoxy Coated Reinforcing Steel All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period NB-1 of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: May 18, 2009 Specified Completion Date: Aug 10, 2009 Incentive (max 10 days.): $1,000/day Liquidated Damages (unlimited): $500/day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office City Engineer, City of Iowa City, 410 E. Washington St., Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the Treasurer of the City of Iowa City. Plans and specifications will be available Tuesday, April 7, 2009. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK NB-2 is Prepared by: Denny Gannon, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. RESOLUTION AWA DING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE ITY CLERK TO TTEST A CONTRACT FOR CONSTRUCTION OF HE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJ CT. WHEREAS, of responsible bid of $ for co t NOW, THEREFORE, BE IT RESOLVE CITY, IOWA, THAT: 1. The contract for the construction of 2 3. adequate performance and payment program statements. The Mayor is hereby authorized c construction of the above-named p adequate performance and paym nt program statements. has submitted the lowest the above-named project. E CITY COUNCIL OF THE CITY OF IOWA above-named project is hereby awarded to subject to the condition that awardee secure I surance certificates, and contract compliance sign and a City Clerk to attest the contract for oject, subjec to the condition that awardee secure bond, insuranc certificates, and contract compliance The City Engineer is authorize to execute change in the construction of the abov -named project. Passed and approved this .~ day of 20 MAYOR Approved by ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll c II there were: AYES: NAYS: as they may become necessary City Attorney's ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright on be pweng\res\awrdcon-BurlingtonSt Ped Bridge.doc 4/09 M+~ ~~ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 09-155 RESOLUTION REJECTING BIDS RECEIVED ON APRIL 28, 2009 FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, AND SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE REBIDDING OF THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, bids were received on April 28, 2009 for the Burlington Street Pedestrian Bridge Rehabilitation Project, and the lowest bid exceeded the Engineer's Estimate by more than $162,000 (40%) with respect to the base bid and more than $128,000 (20%) with respect to the base bid + alternate bid; and WHEREAS, the Department of Public Works recommends that the Council reject all bids and set a new date for receipt of bids. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That all bids received on April 28, 2009 for the Burlington Street Pedestrian Bridge Rehabilitation Project, are rejected. 2. 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 of the city. 3. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 19th day of May, 2009. 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 19 day of May, 2009, or at a special meeting called for that purpose. Passed and approved this 5th day of ATTEST: ,o _~ 9'C - i~~~l.~ CITY RK pweng\res\burlbrdrehab reject .doc 05/09 (,Ll ~ i~ City Attorney's Office ,~_ ~ I U ~ Resolution No. 09-155 Page 2 It was moved by wri~ht and seconded by adopted, and upon roll call there were: AYES: NAYS: - r x x ~- x 0' Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 09-156 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE 420"' STREET CORRIDOR IMPROVEMENTS PROJECT RM-3715(645)--9D-52. u~-ua-uy 27 WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation RM project for RM-3715(645)--9D-52 for the design and construction of the 420"' Street Corridor Improvements Project to provide access to approximately 100 acres for development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 5th day of Ma c "~ App oved by `-/ ATTEST: ~ ~ "' ` " t C~ 1Tlf ELERK City Attorney's Office It was moved by Wilburn and seconded by Havek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey ~_ Champion ~_ Correia X Hayek ~_ O'Donnell ~_ Wilburn ~~ Wright Pweng/resl420'"auVifin. doc Iowa Department of Transportation Agreement for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: Iowa City PROJECT NO: RM-3715(645~9D-52 IOWA DOT AGREEMENT NO.: 2009-R-014 This is an agreement between the City of Iowa City (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315 (2003), and the application was approved by Transportation Commission Order No. PPM-2009-45 on March 10, 2009. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with grading and paving approximately 3,900 feet of 420th Street east of U.S. 6 to provide initial access to approximately 100 acres for development targeted toward the wind energy industry. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be Torn Vaughan, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1788. The Recipient's contact person shall be Jeff Davidson, Director, Planning & Community Development, 410 East Washington Street, Iowa City, Iowa 52240, 319-356-5232. The Recipient shall be responsible for the development and completion of the following described project: Grade and pave approximately 3,900 feet of 420th Street east of U.S. 6. to provide initial access to approximately 100 acres for development targeted toward the wind energy industry. See Exhibit A. 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the effective date of this agreement shall be paid as follows: City RISE Funds (Grant): $1,243,801 City Local Contribution: $1,243,800 Project Total: $2,487,601 5. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non-cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by grant shall not exceed the amount stated above $1,243,801 or 50 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The attached project implementation schedule, Exhibit D, shall be used unless the Recipient submits to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a revised implementation schedule. 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the, DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this projects' purposes shall be. subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 18. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal-aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. In addition, the Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shall be construed as approval of any required permit from DOT. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies: Act of 1970, as amended. 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal maybe in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 26. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 27. The DOT will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the RISE share of construction costs. Reimbursement will be made by either State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DOT determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the Recipient has provided all required paperwork, the DOT will release the RISE funds withheld. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa; shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish three sets of "as-built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 29. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to IAC 679A (2003). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision may be considered a default of this agreement. 36. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the IAC 216 (2003). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. If the Recipient lets the project locally then it must be completed exempt from tax as provided by Iowa Code Sections 422.42(16), 422.42(17) & 422.47(5). The recipient shall comply with these requirements. 40. The Recipient shall notify the DOT's contact person within 30 days of the date the RISE project was constructed and open to traffic. The Recipient shall certify to the DOT's contact person within two years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements; capital investment, and/or job creation. This certification by the Recipient is subject to review by the DOT. The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Failure to certify the associated economic development shall be considered a default under this agreement. 41. This agreement as set forth in sections 1 through 41 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2009_R-014 as of the date shown opposite its signature below. RECIPIENT: Date: May 5 __--~20~ By: Re Title: a or ,certify that I am __ r; r_T n~ ~- I' and that e ,who o f T Ewa c i f ~ was duly signed said Agreement for and on behalf of the authorized to execute the same by virtue of a formal Resolution dda of sed and adopted ~ _ on the 5th Y ~y 2009 -c/ Date: ~~ 5--' 20 ~~ Signed: AddieSS: 410 E. Washin ton Street Iowa Cit IOWA DEPARTMENT OF TRANSPORTATION planning and Programming Division 800 Lincoln Way, Ames, Iowa 50010 Date By: Smart P. Anderson ~~~ l _,2~ Director Office of Systems Planning Proiect Site Map. Exhibit A Iowa City M-I ~^ L 1 -.-+ e--r an Exhibit B Project activities or costs eligible for RISE funding include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Right of way purchase. e. Construction or improvement of motorist rest areas, welcome centers and information centers. f. Design engineering costs and construction inspection costs associated with RISE- financed projects. g. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. h. Storm drainage and storm sewer costs to the extent needed for draining the roadway. Exhibit C Activities or costs ineligible for RISE funding include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the Transportation Commission except advance right of way costs to protect or preserve a project corridor. (1) If there is an extreme urgency involving right of way acquisition, a potential applicant may formally request from the department a written waiver which, if granted, will permit the applicant to acquire the right of way immediately without jeopardizing the eligibility of the acquisition costs for future RISE funding. Granting of the waiver shall not imply or guarantee that a subsequent application which includes the acquisition costs will be funded. The request for the advance eligibility must include justification regarding the urgency of the acquisition, a description of the land to be acquired, and a map showing its location. (2) The advance eligibility waiver must be requested and approved prior to the applicant's acquisition of the land in question, and the RISE application which included the acquisition costs must be received by the DOT within two years following the granting of the waiver, or the waiver is not valid. b. Routine roadway, bridge and culvert maintenance, including pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. c. Winter roadway and bridge maintenance, including snow plowing, sanding and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. f. Pre-design engineering expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. Electric, water, natural gas, telephone and other utility construction, reconstruction or adjustment except when utilities located on private property are replaced or relocated for project construction. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths and railroad-highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structure, lots, meters and marking. o. Non-roadway transportation expenditures, including those for railway, aviation, public transportation and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment and personal property. q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. Sanitary sewers. Water mains. t. Donated right of way. Exhibit D Proiect Implementation Schedule. Commission Approval March 10, 2009 Environment/Wetland Services April 1, 2009 Plan Approval & Project Letting June 1, 2009 Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects) June 2004 June 2004 TSB AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) 1. TARGETED SMALL BUSINESS (TSB) DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is afor-profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 3 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all state-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7357 Website: www.iowai.net/iowa/dia/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result- oriented program. Therefore the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with state-assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by state-assisted programs. 5. CONTRACTOR SHALL APPOINT An EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515-281-7357) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that aze not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s) of the TSBs) contacted regazding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes aze listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre-bid Contact Information form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority- focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors groups; local, state and federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all state- assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. rn r O W a H 7~ G ~z O Q W U rW H V U E-~ o? a ~"' O ~ O C G ~' U a U U b C O .~ U W .~ N 7 O U ~^ a 0 .~ w .C t F- d 0 .y .~ b :~ 0 ~3 v E H V C. O U N g .~ N E v Y ou H 0 °>, m a 0 0 0 .~ C .~ b O a. 0 u .~ c V y~ N .'1 0 T .~ u b b c 0 u .n v A T O 40 .-. N 'O W O ~ o U H ~a y ~ ~ a ~ ~~ ~ ~~ b ~ O N (~,,, N W ~ ~ 1C+ '« w O 00 s ti C u c O T E 0 v .fl H 0 a c U_ 0 0 b 8 a C u ~ O W ~ ka ^ f"'~ ~ A O " z~ F7 U a~ w~ AO QU ~~ C7 F ~N w x~ ~~ O~ F, a i~ oQ w~ O~ W "'a F H Q Q W W . OF aQ ~ oG F., a t-r O ~U 0.l ~ ~ W .~ ~ ..7 Q ~ m Q W z 0 H o Wo z ~ ~, Q h H H ~ QO w U W U W a: H ~ ° ~ z Q H U AO FO F c4 O U Q F O U ro i v~ 0 a ti a 0 F 0 b V a 0 av «~ A ~ o a +~ o U y o y o °' a ao 7 O ~ C p .~ NN~++ ~ G 'O N a~+ H J November 2005 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7357) or from its website at: http://www.iowai.net/iowa/dia/tsb 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract~rovision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an November 2005 explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. November 2005 Recipient: County: Project Number: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ^ YES ^ NO If no, explain 2. Were qualified TSB firms notified of project? ^ YES ^ NO If yes, by ^ letter, ^ telephone, ^ personal contact, or ^ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ^ YES ^ NO If no, explain, 4. Was a goal or percentage established for TSB participation? ^ YES ^ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ^ YES ^ NO If no, what action was taken by Recipient? Is documentation in files? ^ YES ^ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) (Use additional sheets if necessary) November 2005 Was the goal or percentage achieved? ^ YES ^ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Date h1~ Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 09-157 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to improve 420th Street and increase available industrial development in Iowa City; and WHEREAS, the improvement of 420th Street will provide access to the industrial park and the development will provide for a variety of industrial uses; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the 420th Street Corridor Improvements Project; and WHEREAS, the City of Iowa City has negotiated an Amendment to the February 10, 2009 Agreement for said consulting services with Foth Infrastructure and Environmental, L.L.C., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement Amendment with Foth Infrastructure and Environmental, L.L.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 5th day of ATTEST: J 12.{ CITY ERK ..p.p........ ..~ ~/? r City Attorney's Office ~~ Pwenglres/420" corridor.doc Resolution No. 09-157 Page 2 It was moved by Hayek and seconded by O'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 wpdatalglossary/resolution-ic.doc ~Foth April 14, 2009 Mr. Daniel Scott, P.E. Senior Civil Engineer City of Iowa City -Public Works Dept. 410 East Washington Street Iowa City, IA 52240 Re: Additional Scope of Services -Supplemental Agreement No.1 420t" Street Corridor Improvements Dear Mr. Scott: Subsequent to our recent discussions, we are. submitting the following proposal to provide additional engineering services with regard to the above-referenced project. We are proposing an amendment to the original agreement between the City of Iowa City and Foth Infrastructure and Environment, LLC. dated February 10th, 2009. The scope of work shall include qualified personnel, equipment and supplies required to perform the following: Task 1 -Phase II Environmental Investigation During the months of March and April 2009, A Phase I Environmental Site Assessment was conducted on approximately 173 acres of land located along 420th Street in Iowa City. The assessment revealed recognized environmental conditions in connection with two adjoining properties. Releases of petroleum fuels were identified in connection with the Former DX AST Site located 4764 420th Street. Releases of petroleum fuels and agricultural fertilizer products were identified in connection with the property located at 4778 420th Street. The purpose of the Phase II environmental investigation is to evaluate any impact to the subject property resulting from releases of hazardous substances and petroleum products on the adjoining properties identified in the Phase I Environmental Site Assessment. Sample data will be collected to establish baseline conditions on the property and evaluate any impairment that could result in restrictions to land development and use. More specifically, the following subtasks will be performed under this agreement: 1.1 Sampling and Analysis Plan A site sampling and analysis plan will be developed outlining the project objectives and soil and groundwater sampling locations. The plan will provide details regarding the sampling program including sample collection procedures, field screening methodologies, analytical method requirements, and quality assurance/quality control procedures. 1.2 Site Health and Safety Plan A Health and Safety Plan will be developed prior to the implementation of field investigation activities. The plan will provide information regarding anticipated site hazards, proper protection equipment and procedures for field personnel, and information detailing emergency procedures, contacts, and hospital routes. 1.3 Utility Locates /ROW Access Agreements Prior to the mobilization of field equipment, Iowa One Call will be contacted to identify the locations of utilities within the work area. Should sample locations be situated within the 420th Street right-of- way, permission to access to the locations will be secured from Johnson County. 1.4 Drilling and Soil Sampling A truck mounted hollow-stem auger drilling machine will be used to advance seven soil borings along the north side of 420th Street. The borings will be installed near known release areas at the southeast corner of Tract 2, south of the Former DX AST Site, and near the southwest corner of the former New Horizon FS property. One soil boring will also be installed north of the Iowa Interstate Railroad, on Tract 3 (near the northwest corner of the New Horizon FS property). A continuous sampling device will be used for the collection of soil samples. A description of the soils encountered will be recording on a soil boring log. The soil samples will be field screened for the presence of petroleum vapors using aphoto-ionization detector (PID). The soil sample from each borehole with the highest PID measurement will be submitted to the laboratory for analysis of volatile organic compounds and semi-volatile organic compounds. Should field screening provide no evidence petroleum vapors, soil samples will not be submitted for analysis unless visual or olfactory observations indicate contamination. 1.5 Monitoring Well Installation and Development Upon the completion of soil sampling activities, the borings will be completed as groundwater monitoring wells. Well completion will be conducted. by an Iowa Department of Natural Resources (IDNR) certified well contractor. The wells will be constructed using 2 inch schedule 40 PVC casing. Ten feet of screened casing will be placed across the apparent water table. The well screen will extend five feet above and below the static water level. Solid piping will extend up to the ground surface. Well construction details will be recorded on the IDNR Soil Boring Log/Monitoring Well Construction Diagram Form (IDNR Form 542-1392). The wells will be developed and allowed to stabilize. Prior to the collection of groundwater samples, the depth to groundwater will be measured relative to the top of casing using an electronic water level indicator. Groundwater samples will be retrieved using disposable bailers. The samples will be submitted for laboratory analysis of nitrates, volatile organic compounds, and semi-volatile organic compounds. Measurement of groundwater pH will be conducted in the field using a portable meter. 1.6 Survey -Coordinates and Elevations Upon the completion of groundwater sampling activities, the monitoring well locations will be surveyed in accordance with the US state plane Iowa south zone US survey foot NAD 83 coordinate system. The top of casing elevations will be measured to the nearest 0.01 foot. The survey data will be used to assist in determining groundwater flow direction(s). 1.7 Management of Investigation Derived Waste Soils generated during drilling activities will be spread thin on the site. Water generated during development and purging of monitoring wells will be discharged to the ground, surface in an area where infiltration will occur. If gross contamination is observed, the materials will be containerized and staged on-site pending characterization and proper disposal (not included in task). Management of grossly contaminated material is not anticipated. 1.8 Plug and Abandon .Monitoring Wells Upon the receipt of analytical results, the monitoring wells will be plugged in .accordance with the procedures outlined in 567 Iowa Administrative Code (IAC), Chapter 39. The activities will be documented and submitted to the IDNR and Johnson County Public Health Department on IDNR Form 542-1226. 1.9 Data Interpretation /Phase II Report Preparation Decisions regarding any impairment to the subject property and precautions required during site development activities will be made by comparing site concentrations to the Statewide Standards set forth in 567 IAC Chapter 137. These standards represent concentrations of contaminants in groundwater and soil for which normal, unrestricted exposure is considered unlikely to pose a threat to human health. A summary of the investigation data, along with conclusions and recommendations will be provided to the City in the Phase II Environmental Assessment Report. The deliverable includes two copies of the report. Additional Services Additional Services are not included in this agreement. If authorized under a supplemental agreement, the Consultant shall furnish or obtain from others the following services: proper disposal of grossly contaminated material (if encountered), correspondence with government and regulatory agencies and adjacent property owners. SCHEDULE The Consultant shall complete the following tasks outlined above in accordance with the schedule shown. Approval of this letter by the Client will be assumed to be Notice to Proceed. Task Estimated Completion Date Task 1 -Phase II Environmental Investigation 05/15/09 FEE The proposed fees for Consultants services rendered under this Amendment shall be increased as shown below: Original Agreement $619,500.00 Supplemental Amendment No.1 $39,400.00 Total Current Contract $658,900.00 We propose to perform the additional services as described herein for the NOT-TO-EXCEED FEE (Unit Cost /Time Charges) of $39,400. Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated February 10th, 2009 shall remain in full force and effect. In witness whereof, the parties hereto have caused this Supplemental Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. Dan, the scope of work under this supplemental agreement will begin immediately following the acceptance by the City and the time of completion will be in conjunction with the schedule as proposed above. This letter provides you with our proposed additional Scope of Services and Fee. Please contact me at 31.9.365.9565, if you have any questions regarding our proposal. Respectfully submitted, Infrastructur an ronment, LLC. Davi apler, P. Senior Project Manager Accepted: C' of Iowa Ci Signed: Name (print ~ Regenia D. Baile Title: M Date: Mai 5. ~Ong ATTEST: ~J~.~i.~J y~_ ~~~J Mar'. K. Karr, City Clerk 28 ^,~,®~ CITY OF IOWA CITY ®~~~ A N D U M EMUR M DATE: April 28, 2009 TO: Rick Fosse, Public Works Director FROM: Daniel Scott, Sr. Civil Engineer X124 re: Foth Infrastructure Company Design Contract Amendment Foth Infrastructure Company has an engineering consultant service agreement with the City for the design of the 420`" Street Corridor Improvements Project. This project includes construction of roadway, water and sanitary improvements of 420`" Street from Highway 6 to Taft Avenue to allow for development of the Iowa City Industrial Campus. The original contract amount was for $619,500 but an increase of $39,900 has been requested for a Phase Two Environmental Investigation because of the findings of the Phase One Investigation. During the months of March and April 2009, a Phase One Environmental Investigation was conducted on approximately 173 acres of land located along 420`" Street for the Iowa City Industrial Campus. The assessment revealed environmental conditions in connection with two adjoining properties located east of the subject property which had past releases of petroleum fuels and agricultural fertilizer products. The purpose of the Phase Two Environmental Investigation is to evaluate any impact to our property resulting from releases of hazardous substances of petroleum products on the adjoining properties. Sample data will be collected to establish existing conditions on our property and to evaluate any development concerns. r~~r~-~ Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 09-158 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE OLD HIGHWAY 218 RESURFACING PROJECT ESL-3715(643)--75-52. 29 WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation ESL project for RM-3715(643)--7S•52 for the design and resurfacing of Old Highway 218 from Highway 6 south to Mormon Trek Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 5th day of Ma , 202. MAY App ved by ATTEST: ~Q.t;GeLs.~ ~~ G~-c~~-w~Z7>~~~~~~ IT tERK City Attorney's Office Y / 2 y~~ It was moved by Wilburn and seconded by Hayek 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 Pweng/resloldhwy218authfin.tloc March 2009 IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Federal Highway Stimulus Program Project Recipient: City of Iowa City Project No.: ESL-3715(643)--7S-52 Iowa DOT Agreement No.: 06-09-ESP-28 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. Title XII of Division A of the American Recovery and Reinvestment Act (ARRA) of 2009 provided Federal funds for a Highway Infrastructure Investment program, referred to hereinafter as "Federal stimulus funds." These funds may be used for any projects as specified by Section 133(b) of Title 23, United States Code (U.S.C.). This includes highway construction, reconstruction, rehabilitation, resurfacing, and restoration projects. It also includes transportation enhancements, operational or safety improvement projects on highways, bridges on any public road, and any other projects or activities as specified in 23 U.S.C. 133(b). Projects may not be located on roads classified as local or rural minor collector on the Federal Functional Classification system, except for transportation enhancement activities or as otherwise provided for in 23 U.S.C. 133(c). Pursuant to the terms of this agreement,- applicable statutes, and administrative rules, the Department agrees to provide Federal stimulus funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following project HMA resurfacing - On Old Hwy 218 (Riverside Drive) from S. of Mormon Trek to US 6. 4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from Federal stimulus funds. The portion of the project costs reimbursed by Federal stimulus funds shall be limited to a maximum of either 100 percent of eligible costs or the amount stipulated in the approved Statewide Transportation Improvement Program (STIP), whichever is less. 5. Due to the size, scope, and special purposes of the ARRA legislation, several special requirements will apply to this project, in addition to those required by Title 23 United States Code and its implementing regulations, as outlined in Exhibit 1. These special requirements include, but may not be limited to, the following: a. All construction contracts shall be let through the Department's competitive bidding process. b. The project construction must be let for bids no later than January 20, 2010. c. Once obligated, the Federal stimulus funds for this project will remain available for reimbursement of eligible project expenditures until September 30, 2015. After this date any remaining balance of obligated funds will be withdrawn and no additional reimbursements will be made from Federal stimulus funds. d. The Department will prepare and submit reports to the Federal Highway Administration (FHWA) for all projects that receive Federal stimulus funding. The Recipient shall provide data as required to the Department in order to meet these reporting requirements. ..,y„way Stimulus Project Agreement Page 2 e. The mayor, chairperson of the Board of Supervisors, or other chief executive of the Recipient shall sign the certification attached as Exhibit 2. 6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 7. It is the intent of both parties that no third party beneficiaries be created by this agreement. 8. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 9. This agreement and the attached Exhibits constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. For Ci Recipients Only By Date Mav S , 20~_ Ma or Title of city official I~_ Mar; an K Karr ,certify that I am the City Clerk of Iowa City, and that_ Regen; a n Bailey ,who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 5rh day of Mav 20~_ Signed ~CJa~.,~~ ~~~~~ --~ City Clerk of Iowa City, Iowa Date _ May 5 , 20 09 For the Iowa Department of Transportation Highway Division By ~-~s~,~ Date _ /~/~ ~ Ke .Ellis, P.E. , 20 O District Local Systems Engineer District 6 March 2009 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Highways 1. General Requirements. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal-aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.s) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/ publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi- use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance., placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration . pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph- The Office of Management and Budget (OMB) Circular A-133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A-133. CFDA #20.205 and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, Exhibit 1 Page 2 includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In-House Services. a. If Federal funding is requested for in-house services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal-aid Participation in In-House Services. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in-house services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require aqualifications-based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal-aid Participation in Consultant Costs. b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right-of- way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid . Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations. e. In all contracts entered into by the Recipient,. and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and atl their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. Exhibit 1 Page 3 6. Right-of-Way a. The Recipient shall acquire the project right-of-way, whether by tease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right-of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right-of-way to the Department. 7. Letting the Project. a. The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified as appropriate by a Professional Engineer, Architect, or Landscape Architect licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS&E to the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids. e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the pertormance bond, and two copies of the certificate of insurance. 8. Construction. a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. b. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the procedures outlined in I.M. 3.810, Federal-aid Construction by Local Agency Forces. c. The Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal policy. The Recipient should use the Department's Construction Manual as a guide for conducting other construction inspection activities. Exhibit 1 Page 4 9. Payments. a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been paid in full and completed in substantial compliance with the terms of this agreement. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close-out. a. Upon completion of the project, as appropriate, a Professional Engineer, Architect, or Landscape Architect, licensed in the State of Iowa shall certify in writing to the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment /modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. EXHIBIT 2 Recipient's Certification for Use of American Recovery and Reinvestment Act Funds Agency Name: Iowa City, Iowa Proiect Number: ESL-3715(643)--7S-52 Proiect Description: HMA resurfacing - On Old Hwy 218 (Riverside Drive) from S. of Mormon Trek to US 6. Estimated Total Cost: $600,000. Federal stimulus funds: $600,000. In accordance with the requirements of Section 1511 of Title XV of Division A of the American Recovery and Reinvestment Act of 2009, on behalf of the agency named above I hereby certify that the project described above has received the full review and vetting required by law and I accept responsibility that this investment is an appropriate May 15, 2009 Date Mateo r Title of county or city official Regenia D. Bailey Printed name ~- ~°, ~~~~~ Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. n, -~ 54 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE NOVEMBER 5, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, on November 5, 2007, the City entered into a Consultant Agreement with Howard R. Green Company Consulting Engineers ("Howard R. Green") of Cedar Rapids, Iowa for the professional engineering services that are required to construct necessary facilities to continue landfilling operations on the western portion of the currently permitted site. Said agreement was subsequently amended on August 11, 2008; and WHEREAS, the Iowa Environmental Protection Commission revised the Iowa Administrative Rules pertaining to Sanitary Disposal Projects in December, 2008; and WHEREAS, said revised Rules contain new and/or amended requirements regarding the documentation that is to be submitted to the Department of Natural Resources for review and approval for the siting and development of proposed landfill expansion projects; and WHEREAS, a second amendment to the November 5, 2007 Agreement, as amended, for professional engineering services has been negotiated with and executed by Howard R. Green to address the revised Rules requirements; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to amend the Consultant Agreement with Howard R. Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Amendment to Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. Passed and approved this 5th day of ATTEST: CITY City Attorney's Office y~a f3~~,~ pwengVesUandfill amend2.dx Resolution No. 09-159 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x -~ x ~- X -~ x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, as entered into on this the day of 2009, is an AMENDMENT (AMENDMENT #2) to the CONSULTANT AGREEMENT dated November 5, 2007 and subsequent Amendment (AMENDMENT #1) dated August 11, 2008 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company (HRG) of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY secured the services of CONSULTANT to prepare construction plans, project manual, and detailed construction specifications; to submit construction documents to the Iowa Department of Natural Resources (IDNR, or Department) for review and approval; to provide for assistance in receiving bids and awarding construction contract(s); and to provide for assistance to the CITY in contract and construction administration, all as related to the design and construction of the expansion area west of the active landfill cells operating at the Iowa City Landfill and Recycling Center, and; WHEREAS, the Iowa Environmental Protection Commission (EPC) adopted amendments to the Iowa Administrative Rules pertaining to Sanitary Disposal Projects effective December 10, 2007. Further revisions to said amendments were adopted by the EPC in December 2008. The Rule Amendments adopted by the commission impose both additional (new) and different requirements relative to the documentation that is to be submitted to the department for review and approval for the siting and development of proposed landfill expansion projects, and; WHEREAS, this AMENDMENT is intended to supplement the original CONSULTANT AGREEMENT and prior AMENDMENT. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. SCOPE OF SERVICES In addition to the Scope of Services in the November 5, 2007 CONSULTANT AGREEMENT and the August 11, 2008 AMENDMENT #1, the CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. (Note that to maintain compliance with milestones established by the Department and other regulatory agencies, many of the additional services described herein have been completed or are in progress as of this writing, as listed in Section III, COMPENSATION FOR SERVICES.) A. FY91 Abutment Liner/Regulatory Issues As required under the CONSULTANT AGREEMENT, AMENDMENT #1, and as directed by the CITY, CONSULTANT proceeded with the original FY09 landfill cell design based on the Administrative Rules that were adopted by the Environmental Protection Commission on December 10, 2007. Concurrent with the ongoing design effort, the 2007 rule requirements pertaining to abutment liners were being debated by the public and the Administrative Rules Committee of the Department. Ultimately in December of 2008, the Department again revised the Administrative Rules, specifically sub-rules 113.2(8) and 113.2(10) and Rule 113.3 of 567-Chapter 113. Up to that point in time, CONSULTANT expended considerable effort at the request of the CITY, pursuing additional options developed by both the CONSULTANT and Page 1 of 4 \\HRGCRNASIDATA\PROJ\191130JWDMINWMD#2 FY09\gMD#2-040909-IC.DOC the CITY, which were intended to comply with the December 10, 2007 edition rules, as being interpreted by the Department at that time. Those additional tasks (performed subsequent to AMENDMENT #1) included: • Communications (phone calls, email, and meetings) with the Department and with the CITY regarding strategies for complying with the proposed rule changes and the associated requirements for; abutment liners, vertical expansions, and liner modeling. • Research of options for construction of barriers between landfill cells FY95 and FY91. Options included excavation and construction of a sloped abutment liner or vertically constructed clay barrier, slurry wall, and other physical barriers. The research included preliminary evaluation of quantities, constructability and technical feasibility. • Research of computer modeling approaches intended to simulate potential leachate migration through the existing clay soil between FY95 and FY91, and through the existing clay liner of FY91, all in accordance with recent revisions to the modeling requirements as recently adopted by the U.S. EPA and the Department. • Explore the possible westerly expansion of Cells FY95 and FY96, as such possible expansion could be deemed consistent with pending rule changes relative to the requirements for abutment liners and vertical expansion of previously approved (complaint) existing landfill cells. • Meetings with CITY to present design related options and potential implications of proposed rule changes. • Resolution of related issues with IDNR staff. B. Design Changes Associated with IDNR Rule Interpretation and Revisions The Administrative Rule changes adopted by the Department in 2007 and the revisions of December 2008 have imposed both new and different requirements relative to the design and construction of new landfill units. The interpretations of certain requirements are developing over time and are being clarified by the Department since the rules were adopted. Based on recent communications of CONSULTANT with Department staff, the Department will require that new landfill cell designs include additional elements that were not originally included in the FY09 design effort, as outlined under the AGREEMENT or AMENDMENT #1. These additional elements are described as follows: Rule 113.7(5)b.(10), regarding leachate collection systems, states that "... the containment structures and countermeasures for leachate storage [outside of the lined cell] shall be at least as protective of groundwater at the liner of the MSWLF unit on a performance basis." The Department has interpreted this to require that all piping and structures that carry leachate outside of the lined cell be doubly contained. CONSULTANT will modify the existing FY09 design to include double wall leachate piping, fittings, cleanouts, and structures (manholes). It is CONSULTANT'S understanding from the Department that this applies to new piping and structures. Therefore, existing piping and structures will only be modified to the extent necessary for the FY09 construction. Further, it is assumed that the previous design documents of the existing leachate collection system are sufficient for submittal, if so requested by the Department. This AMENDMENT does not include additional engineering verification of leachate quantities and adequacy of the existing piping and lagoon system. Page2of4 \\HRGCRNAS\DATA\PROJ\191130JV+DMIN\AMD#2 FY09WMD#2-040909-IC.DOC Rule 113.6(2)i., regarding separation of groundwater from the liner, states that "The separation of the base of an MSWLF unit from the high water table shall be measured and maintained in a manner acceptable to the department." The Department has interpreted this to mean that groundwater head levels must be directly measured underneath the liner. It is CONSULTANT'S understanding that the mere presence of a granular dewatering layer under the liner, or monitoring of piezometers installed at the edge of the cell, is no longer acceptable. CONSULTANT will modify the existing design to include one groundwater piezometer installed to address this requirement. The device will be placed under the side-slope of the liner and will monitor head levels in the groundwater drainage layer directly beneath the liner. Rule 113.7(4)b., regarding MSWLF unit sub grade, states that "The material beneath the MSWLF unit shall have sufficient strength to support the weight of the unit during all phases of construction and operation." Although previous MSWLF units at the site have been constructed on similar sub grade material will no difficulty, the Department is requiring documentation in the form of engineering calculations that demonstrate that potential sub grade settlement is acceptable. CONSULTANT will perform calculations using available soils information and assumed geotechnical parameters (based on literature values) for the soil types present at the site. This task does not include additional subsurface investigation or geotechnical testing. The Department's December 2008 rule revision effectively rescinded the December 2007 requirement of abutment liners for waste placed over existing compliant cells. Because of this rule change, the incorporation of the relatively small area that abuts FY95 and FY96 had become more viable and advantageous to the CITY for cell development. Considering the rule revision, the CITY requested that CONSULTANT expand the original design of FY09 to include the area to the south that abuts Cells FY95 and FY96. Additional engineering effort associated with this task includes: • Design of cell grades and layout for the expanded area, including access road, modification of existing manholes, and new leachate and groundwater piping. • Expansion of the "DOPs" drawings to include the new area, including final cover grades, and modifications of storm water structures. • Calculation of material quantities for bidding. • Calculation of additional waste capacity to be gained from the expanded area. • Amendment of the current Storm Water Pollution Prevention Plan (SWPPP) as required under NPDES General Permit #1 to accommodate the additional portion of FY-09. II. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the of the original Consultant Agreement as executed on November 5, 2007. Page3of4 UHRGCRNASSDATAIPROJ\191130JV+DMIN\AMD#2 FY09WMD#2-040909-IC.DOC III. COMPENSATION FOR SERVICES The effort for the additional and/or remaining services described herein is as follows. A. FY91 Abutment Liner/Regulatory Issues (completed) $ 28,600 B. Design Changes Associated with IDNR Rule Interpretation and Revisions in ro ress $ 38,000 This AMENDMENT TO CONSULTANT AGREEMENT provides for an additional cost of $ 66,600. IV. MISCELLANEOUS a. The insurance requirements are the same as for the original CONSULTANT AGREEMENT as executed on May 1, 2007. b. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. c. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. Agreed to on this ~~ day of ~1 , 2009. FORT CITY By: f2 a D. Bailey, Mayor ATTEST: ~ ~icJ ~ ~~~ N~arianj~ Karr, City Clerk Approved by:~f~~lt% d~y-71~~~'~'~Z~ti-~ City Attorney's Office i~~Z,y~O <~ FOR THE CONSULTANT By: ~G- Michael G. Fisher Title: Vice President Page 4 of 4 \\HRGCRNAS\DATA\PROJ1191130J\ADMIN W MD#2_FY09\AMD#2-040909-IC.DOC 30 ^~'__---r,®~ CITY OF IOWA CITY ~ ~m~~~~ ®~~~ RA N D u M MEMO DATE: April 28, 2009 TO: Rick Fosse, Public Works Director FROM: Daniel Scott, Sr. Civil Engineer hQ5 re: HR Green Company Landfill Contract Amendment Howard R Green Company has an engineering consultant service agreement with the City for the design of the next cell at the Landfill. The original contract amount was for $323,400 but due to new IDNR rules an increase of $148,800 was approved in 2008. Further Iowa DNR ruling interpretation and refinement last year has resulted in another increase in $66,600. In 2008, the Iowa DNR completely changed the landfill rules. After the rules were changed, we proceeded with design changes that were included in amendment #1, but since that time, more rulings have come forth. We now need a second amendment for these new rulings. As HR Green proceeded with the cell design, the new INDR rules relating to liners required a side liner between adjacent waste cells. The design was therefore changed to reflect this new ruling. However, the IDNR's December 2008 rule revision effectively rescinded the previous requirement of side liners for adjacent waste cells. After this latest revision in December of 2008, it was necessary to change the design for a second time. The original contract scope did not include this extra work, but it is necessary to continue to operate the facility. The interpretations of certain rules are developing over time and have been clarified by the IDNR since the rules were adopted last year. Based on recent communications, IDNR staff will require that new landfill cell designs include additional elements such as dual walled pipe and multiple groundwater separation measuring devices that were not originally included in the new rules. The cost of this extra work was not included the original contract scope. i~ n + s? U Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 09-160 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE MAY 1, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, the City entered into a Consultant Agreement with Howard R. Green Company Consulting Engineers ("Howard R. Green") on May 1, 2007 for the professional engineering services required to operate and monitor the landfill gas collection system, and the groundwater and surface water, and prepare necessary air and water quality reports. Said agreement was amended on August 11, 2008 to reflect revisions to the Iowa Administrative Rules; and WHEREAS, the Iowa Environmental Protection Commission further revised the Iowa Administrative Rules subsequent to the August 11, 2008 Amendment; and WHEREAS, a second amendment to the May 1, 2007 Agreement is now necessary and has been negotiated with and executed by Howard R. Green to address the revised Rules requirements regarding the monitoring and reporting of landfill gas, air and water quality, particularly regarding the increased number of wells required to be monitored and the number of annual tests that must be performed; and WHEREAS, the City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said second amendment to the May 1, 2007 Agreement with Howard R. Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Amendment to Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. Passed and approved this 5th day of ,/,/ May ~ ~L)2009. MB~'Y ~ ~ ~,, ^ ATTEST: - Approved by: ~ . ~ ~ -~/ d~ ~ CITY ERK ity Attorney's Office ~/.z~~~ pwengVesUandfill amend05-01#2.doc Resolution No. 09-160 Page 2 It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia x Hayek ~ O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, as entered into on this the S~ day of 2009, is an AMENDMENT (AMENDMENT #2) to the CONSULTANT AGREEMENT day 1, 2007 and subsequent Amendment (AMENDMENT #1) dated August 11, 2008 between the Ciry of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY secured the services of CONSULTANT to (a), provide assistance to the CITY in the implementation of the Hydrologic Monitoring System Plan and in the related routine annual services at the Iowa CITY Landfill and Recycling Center, with the intention to enable the facility to remain in compliance with the requirements of the then current Iowa Department of Natural Resources (IDNR, or department) Sanitary Disposal Permit, and the then current Iowa Administrative Rules pertaining to the operation of Sanitary Disposal Projects and (b), provide assistance to the CITY in maintaining compliance with the Iowa Department of Natural Resources Title V Air Emissions Operating Permit for the subject facility, and; WHEREAS, the AGREEMENT was intended to cover CONSULTANT'S services as generally defined above for a period of three (3) calendar years, to include 2007, 2008 and 2009, and; WHEREAS, AMENDMENT #1 provided for additional services that were required by amendments to the Iowa Administrative Rules that were promulgated after the effective date of the AGREEMENT. As noted in AMENDMENT #1, certain monitoring and reporting tasks would remain undefined until certain monitoring and reporting tasks were completed for the 2008 monitoring period. WHEREAS, this AMENDMENT #2 provides for additional services completed or ongoing in 2008 and 2009 and is intended to supplement the original AGREEMENT and prior AMENDMENT #1. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. SCOPE OF SERVICES The CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. Note that to maintain compliance with milestones established by the IDNR, some of the additional services described herein have been completed or are in progress as of this writing. A. Hydrologic Monitoring System Plan Implementation The Hydrologic Monitoring System Plan (HMSP) was submitted to the IDNR in August 2008. As of this writing the HMSP has not yet been reviewed by IDNR. This task includes discussion of the plan with IDNR upon their review and a meeting with the CITY to discuss the plan's implications for groundwater monitoring requirements. It does not include revisions to the HMSP or the Hydrogeologic Investigation Report (HIR). Implementation of the HMSP recommendations includes two major components, including construction of new monitoring wells and groundwater sampling. \\HRGCRNASIDATA\PROJ\723920JOSWDMINWMD#2WMD#2-041709-IC_AS07-09.DOC Page 1 of 6 1. Monitoring Wells CONSULTANT will provide support to the CITY in the construction of 18 new groundwater monitoring wells. During this same drilling mobilization, one new landfill gas monitoring well will also be installed. Assistance will be provided as follows: (1) obtain and review driller quotes and provide a recommendation to the CITY to select a drilling contractor, (2) an HR Green geologist will make one trip to the facility to observe the staked well locations and review those locations with the CITY in relation to well spacing and waste boundary setback requirements, (3) schedule the drilling contractor, (4) provide direction to the driller on the collection and testing requirements for the soil samples, (5) provide part time construction observation including seven one-half day trips to the facility, (6) advise the CITY regarding their collection of water levels; review the CITY's water level readings to track well stabilization, (7) conduct slug testing of the 18 groundwater monitoring wells including data collection, review and analyze the data to determine the well-specific hydraulic conductivity values, which will be reported to IDNR in the Annual Water Quality Report (AWQR), and (8) complete the IDNR's construction /documentation form for each well, which also will be reported to the IDNR in the AWOR. Services not included herein are (1) surveying to stake or re-stake the proposed well locations or to obtain as-built horizontal and vertical control, which will be needed for the documentation, (2) collection of water level measurements, (3) construction observation beyond the seven trips described above, and (4) coordination, surveying, measurements, testing, and construction observation related to the nine monitoring wells proposed in the HMSP that will be installed concurrent with construction of the expansion cells, and related to existing wells that will be plugged and abandoned concurrent with the construction of the expansion cells. 2. Groundwater Sampling CONSULTANT will provide support to the CITY in their sampling of 21 existing monitoring wells and 18 new monitoring wells. Assistance will be provided as follows: (1) verify the sampling plan with the IDNR prior to the first sampling event, (2) attend 1 meeting with the CITY to discuss the sampling plan and procedures, (3) advise the CITY regarding detection monitoring for the new wells, (4) advise the CITY regarding assessment monitoring for the existing wells, (5) advise the CITY regarding independent events to establish background for detected Appendix II constituents, and (6) documentation for the landfill operating record. Services not included herein are (1) field assistance with sample collection and shipping, (2) coordination of commercial analytical services, and (3) resampling to verify findings, which is not anticipated. B. Annual Statistical Analysis The development and implementation of site-specific statistical methods and the performance of the statistical analysis occurred after receipt of the analytical data in December 2008, subsequent to AMENDMENT #1. At that \\HRGCRNAS\DATA\PROJ\723920JOSWDMINWMD#2WMD#2-041709-IC_AS07-09.DOC Page 2 of 6 point in time the data was evaluated and the appropriate statistical methods and analysis pursued under the requirements of IAC Chapter 113.10(4)"g-h". The level of effort required for the 2008 AWQR relative to previous AWQRs completed under the old rule and original AGREEMENT was greatly expanded, in significant part due to the statistical requirements. During late 2008 and early 2009 a statistical analysis methodology was developed specifically for the uppermost aquifer at the Iowa City Landfill & Recycling Center. The methodology satisfies the requirements of 40 CFR Part 258 RCRA Subtitle D methods. The selection of an appropriate methodology followed careful review of site-specific information pertaining to the geology, hydrogeology, groundwater and leachate composition, waste placement, and extensive discussion with IDNR staff. The analytical data were screened in relation to background seasonal and geologic variation and potential statistical methods were evaluated. Based on the evaluation, appropriate statistical methods were recommended for inorganic (metals) and organic (volatile organic compounds) constituents. The recommended statistical methods were illustrated conveniently by flow charts and comply with the performance standards pursuant to IAC 113.10(4)h. Specialized groundwater statistical analysis software (SanitasTM Groundwater Statistical Software, Version 8.7) was purchased to facilitate the analysis and Sanitas Technologies, a firm specializing in groundwater statistics, was consulted to formulate the methodology. Analysis for the 2008 AWQR was performed to establish upper statistical limits used to determine whether or not statistically significant increases over background had occurred. The analysis report included a summary of the data, time-series graphs, box-graphs, trend graphs, and narrative providing detailed descriptions of the background data screening, application of the appropriate statistical method, data analysis, and statistical analysis results. Sanitas Technologies was consulted for the statistical treatment and analysis of the data. The level of effort will necessarily increase again for the 2009 AWQR to analyze the next group of data collected in 2009 and early 2010. The data will be substantially increased relative to the first year, where the number of wells will approximately double to incorporate 18 new wells into the detection monitoring program, and where 21 existing wells will continue into the assessment monitoring program and into independent monitoring to establish background quality; and where the list of constituents increases by over 300 percent from detection monitoring to assessment monitoring. Sanitas Technologies will be consulted again for quality assurance, review, and treatment and analysis of the data. C. Annual Water Qualit~Report The scope of the site-specific annual reporting requirements is largely dictated by the level of effort required for statistical analysis, which again was defined only after receipt of the analytical data in December 2008, subsequent to AMENDMENT #1. Under revised IAC Chapter 113.10 the AWQR to the department will detail the water quality monitoring sampling locations and results, assessments, selection of remedies, implementation of corrective action, and the results of corrective action remedies to address SSIs, if any, during the previous year. The report includes a site map that delineates all monitoring points where \\HRGCRNAS\DATA\PROJ\723920JOSWDMINWMD#2WMD#2-041709-IC_AS07-09.DOC Page 3 of 6 water quality samples were taken, and plumes of contamination, if any. The report contains a narrative explaining and interpreting all of the data collected during the previous year. The report is due each year on a date set by the department in the facility's permit. Specifically for the 2009 AWQR (which is due in 2010), the level of effort will be increased relative to the 2008 AWQR reflecting the number of increased wells entering detection monitoring, the expanded sampling list for assessment monitoring, associated analytical requirements, and reporting requirements under IAC Chapter 113.10. The number of wells will approximately double to incorporate 18 new wells into the detection monitoring program and 21 existing wells will continue into the assessment monitoring program and into independent monitoring to establish background quality. The results of the statistical analyses will be reported in the AWQR, including extensive documentation of the data, input into the statistical software, trend analyses, methods, seasonal constituent variation, detections, statistically significant increases, and narrative description and interpretation of results in context of the hydrogeologic setting and hydrologic monitoring system plan. The Well Maintenance and Reevaluation Plan requires an assessment of well depth measurements to determine if the wells are physically intact and not filling with sediment. The results of slug testing for the new wells will be reported and compared to previous record of the uppermost aquifer. Documentation of new well construction, sample collection, analytical results, and statistical analyses of the data will be reported. Analytical data that is reported at least 45 days prior to the AWQR due date can be included in the report. Services not included herein are summaries of activities associated with selection of remedies and corrective action, which are not anticipated prior to submittal of the 2009 AWQR. RELATED SERVICES CONTRACTED SEPARATELY BY CITY The services included under this AMENDMENT #2 are dependent on performance of well drilling and analytical laboratory services. Historically, these services had been subcontracted by the CONSULTANT and/or performed by the CITY. Due to the expected cost of this work, the CITY and the CONSULTANT agree that this work will be contracted separately by the CITY and/or performed by the CITY. The contractor's invoices for these services will be reviewed by the CONSULTANT for conformance with the project and then forwarded to the CITY with recommendation of payment. For CITY budgetary purposes, the following engineer's cost opinions are presented for the services that the CITY will contract or perform separately during calendar year 2009, with some groundwater sampling and analytical costs rolling into calendar year 2010 and the installation of about nine wells and associated soils tests likely delayed until construction of the new expansion cell(s) pending DNR approval. Actual costs are to be negotiated directly between the CITY and the service provider and adjusted on a unit cost basis, as needed. CONSULTANT has obtained these budgetary costs by soliciting proposals from private sector well drilling and analytical laboratory companies for the anticipated but as yet not fully defined, work. Note that the scope of these requirements is as outlined in the 2008 AWQR. \\HRGCRNAS\DATA\PROJ\723920J05WDMIN\AMD#2WMD#2-041709-IC_AS07-09.DOC Page 4 of 6 Description Opinion of Probable Cost Monitoring Well Installation (27 wells) $41,000 Soils Tests for Geologic Characterization $12,000 Detection Monitoring Appendix I List $33,000 Assessment Monitoring Appendix II List $24,000 Establish Background Water Quality (15 wells) 14 000 TOTAL -CONTRACTED SEPARATELY BY CITY $124,000 IV V Note that the above costs are presented to the CITY for informational purposes only and are not intended to be tied in any way to this AMENDMENT #2. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the of the original Consultant Agreement as executed on May 1, 2007. COMPENSATION FOR SERVICES The compensation for the additional services described herein is as follows. Note that the total cost for each item is shown along with the corresponding deduction for the items that were induded under the original AGREEMENT. A. Hydrologic Monitoring System Plan Implementation 1. Groundwater and Landfill Gas Monitoring Wells $31,400 2. Groundwater Sampling $13,300 Less Original Contract Amount -Sampling Assistance (2009) - ($400) Less Original Contract Amount -Event Reports (2009) - 2 000 Subtotal: HMSP Implementation $42,300 B. Annual Statistical Analysis 2008 Annual Statistical Analysis (submitted April 2009) $30,500 2009 Annual Statistical Analysis (due 2010) 35 200 Subtotal: 2008 and 2009 Annual Statistical Analysis $65,700 2008 AWQR (submitted April 2009) $38,900 2009 AWQR $58,400 Less Original Contract Amount (2008) - ($14,000) Less Original Contract Amount (2009) - 14 000 Subtotal: 2008 and 2009 AWQRs $69,300 This AMENDMENT TO CONSULTANT AGREEMENT p rovides for an additional $177.300.00. C. Annual Water Quality Report MISCELLANEOUS A. The insurance requirements are the same as for the original Consultant Agreement as executed on May 1, 2007. B. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. \\HRGCRNAS\DATA\PROJ\723920J05WDMIN\AMD#2WMD#2-041709-IC_AS07-09.DOC Page 5 of 6 C. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. FORT CITY FOR THE CONSULTANT r- // R is D. Bailey Title: 1 or Title: ~/sC,r ,~,rsi~~'-rt,~ Date: M~5 _ ~ao~l Date: a ` o ATTEST: ~~~i~ /~ . Maria K. Karr, City Clerk ,Approvod 8y r 4! ~'~7Ztiv %~ ~~~i'~w G}ty Attorney's Office ~f~2 ~ ~~ \\HRGCRNASIDATA\PROJ\723920J05WDMIN\AMD#2WMD#2-041709-IC_AS07-09.DOC Page 6 of 6 r ~~ ~ ~~.®~ ~m~~ ~ ,~®,.-~ CITY OF IOWA CITY MEMORANDUM 31 DATE: April 28, 2009 TO: Rick Fosse, Public Works Director FROM: Daniel Scott, Sr. Civil Engineer DfLS re: HR Green Company Landfill Contract Amendment Howard R Green Company has an engineering consultant service agreement with the City for monitoring services at the Landfill. The original three year contract amount was for $165,100 but due to new IDNR rules an increase of $31,360 was approved in 2008. Further Iowa DNR ruling interpretation and refinement last year has resulted in another increase in $177,300. In 2008, the Iowa DNR completely changed the landfill rules. After the rules were changed, we proceeded with design changes that were included in amendment #1 to sample, analyze and submit the 2008 IDNR reports but since that time, more rulings have come forth. We now need a second amendment for these new rulings to complete the 2009 INDR sampling, analysis and reporting work. After this latest revision in December of 2008, we knew we would need to install new monitoring wells and that the sampling parameters would be increased, but until we had completed our 2008 sampling and analysis and reporting to INDR, we could not proceed. We are now ready to install the necessary new monitoring wells and we now know what sampling parameters are necessary for the 2009 monitoring and reporting work. The original contract scope did not include this extra work, but it is necessary to continue to operate the facility for this year. 05-OS-09 r..,G 32 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-161 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE PROPERTIES THROUGH THE HAZARD MITIGATION GRANT PROGRAM. WHEREAS, the City has applied for Hazard Mitigation Grant Program (a/k/a the "FEMA buyout") funds to purchase forty (40) residential properties in the 100-year floodplain of the Iowa River, and State officials have informed the City that it likely will be awarded the funds in May; WHEREAS, the acquisition process will include the City making offers to the homeowners based on the market value of the homes prior to the flood; WHEREAS, the Hazard Mitigation Grant Program requires that the City establish a hearing process to allow home owners to appeal the City's determination of the value of the home; WHEREAS, some homeowners may want to lease the home back from the City for a short time after closing; and WHEREAS, the City Council finds that the public interest will be served by authorizing the City Manager to enter into all documents necessary to acquire these properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to acquire properties through the Hazard Mitigation Grant Program, including but not limited to purchase agreements, short term leases, and hearing officer contract. Passed and approved this 5th day of May, 2009. ATTES City Attorney's Office Resolution No. 09-161 Page 2 It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: NAYS: X ~_ x x x 0' Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc n ~ .~ ,~. r'.. e` * i ~/' s n K'IF .~, w ., ~ ~= ~~ .~. ~' ~ '~ -1~- ~,~~r ~~~ ~ ~ ~ ~~~ ~• ~ •E ~~~ `~A~,' ~ ~ ~ o~ 0 ~ ~ c~ ~ ~ ~ ~ ~ ~ A crt ~ ~' ~ ~ y ~.~ Cis ~ ~.~, O ~. co ~ ~ n, ~ ~ co ~~~ ~ ~ o ~ r* `~ ... ~' n ~ ~ ~ , ~ ~~ `s oF~ 1 O ~L ~ N . ~. ~ ~ o ti ~ `h 0 ~ ~ ~ A oo ~ a o ~ ~ o N o ~ ~ °. c~ ~ ~ ~ ~ ~ ~ ~• ~ ~ o ~ ~ A ~ ~' ~ ~ ~ ~ ~ 0 S- S .. t0 ~, A ~• ~ r- O `~, r,. O ~~ O~ coo ~' ''G O c~~' "~~~t. ~; ~. ,r ~~tt ~' ~ 'i ~~ ~-• • °~ `~' " '~' ~~~ 3• ~ •t ~~ ~~` ~~ ~~ ~a. .. _ ~~ ~ ~ ~ ® ~ + ~1;~~, ~~ 3•~•~ ~~ ~~ '~lA'~ ~ N~ t'~ ~.~..~ ~- ~-~ ~.s ~~ ~ ~ ~~ . ~~ k..s:....~3. a c~-i. 0 ~• ' 1 N 0 o ~ Fo c-~ ~. ~ ~ 0 A o ~ c~o~ ~ ~ ctio ~,~~. ~ c~ ~ ~ ~~~~ A ~ ~ ~ ~~~ ~. h' ~ o ~o ~ • ~ H n ~ ~. ~ N, (~, N nF ~ rF Q ~j' o°o `" • `' o~~~ ~ ~,~' ~~~~ ~~~~ ~~~ ~ A ~ ~ ~ ~ ~ ~~ ~ ~ o ~ ~v' N ~~ o~ 0 r. .$ 9oC~.~~ ~~~ ~~ ~~, '. co ~~~ n ~•~•~ ~ ~' ~~~ A~ ~ -~ O ~ • ~• ~v ~ O ~` `V O ~~ ~~~ ~ ;. ~ .~ ~ ~ ~~~ n ~,~,~ ~s w ~~ ~~~ ~ ~ ~~ ~. ~ ~n~ 34 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 09-162 RESOLUTION APPROVING THE APPOINTMENT OF DALE HEELING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY WHEREAS, City Manager Michael Lombardo was terminated effective April 17, 2009; and WHEREAS, the City Council has determined that it would be in the best interests of the City of Iowa City, Iowa, to appoint Dale Helling as Interim City Manager for the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Dale Helling be appointed Interim City Manager for the City of Iowa City, Iowa, effective April 18, 2009, and that his salary shall be $160,000 annually until a permanent City Manager is named. Passed and approved this 5th day of May, 2009. ATTEST: CITY ERK It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: ,~ _ ~1~~ ~~ City Attorney s Office Wilburn the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion Correia ~ Hayek _~ O'Donnell X Wilburn ~_ Wright clerk/res/helling-interim.doc ~`'~r, c~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. oa-r ~~ RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A FARM LEASE AND SECURITY AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PHILLIP PRYBIL FOR 103 ACRES LOCATED NORTH AND SOUTH OF 420th STREET BETWEEN SCOTT BOULEVARD AND TAFT AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City purchased 171 acres north and south of 420' Street between Scott Boulevard and Taft Avenue from the Veronica Prybil Trust for development of a site for an industrial park; and WHEREAS, Phillip Prybil wishes to lease 103 acres of the land acquired for use as a farming operation, until the time that this site is ready for development as an industrial park; and WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the attached Farm Lease and Security Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Farm Lease and Security Agreement attached hereto and made a part hereof, is approved as to both form and content. 2. The City Manager is hereby authorized to execute the Farm Lease and Security Agreement and any subsequent renewals. Passed and approved this 5th day of Tray , 20~_ ATTEST: Ap ved byv ---~. City Attorney's Office '? "`~~ Annen\forms\res asst atty.doc Resolution No. 09-163 Page 2 It was moved by Wright and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x X x x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc FARM LEASE AND SECURITYAGREEMENT CASH RENT Parties: This Farm Lease and Security Agreement ("Lease") is made and entered into this ~D day of ~a~, 20~ by and between the Property Owner, City of Iowa City, hereinafter referred to as the ("OWNER") and Phil Pr~bill 4830 Utah Avenue SE, Iowa City, IA 52240, hereinafter referred to as the OPERATOR Pro a :The OWNER ceases to the OPERATOR the following described property: See Exhibit A Attachment, Johnson County State of Iowa, containing_approximate1~173.0 acres, excepting therefrom all ri is to hunt, fish, trap or otherwise take or harvest fish and game upon the Pr~erty, all of which rigl~(includinQ the rig t to leasel are reserved to the OWNER its successors and assi ng_s. Term: The term of this Lease shall begin on Iylazch 1, 2009 and shall end on February 28, 2010 without notice of any type being required of the OWNER, unless expressly required by applicable state law. Provided, however, that the OWNER may terminate this lease at any time upon the OPERATOR'S failure to timely pay the full amount of any rent due hereunder. Rent: The OPERATOR shall pay rent to the OWNER, as follows: X20 000 00 due June 1 2009 for 100 +/- tillable acres and savable directly to owner. Operator is allowed to farm 16 +/- acres in Tract 1 and all of Tract 2 at their own risk as shown in the attached man, Exhibit B. Owner will not compensate operator for any crop damage or lost income while farmin, g the property Owner or their eat, n~t(sl have the rieht to enter property for any reason, at any time. This lease does not allow the use of gxain bin(s) on the property CASH RENT IS DUE AS FOLLOWS: $20.000.00 6/01/2009 Provided, however, if all of the rent due hereunder is paid in full on or before 6/01/2009, or if the OPERATOR has provided the OWNER with a satisfactory and enforceable Letter of Credit securing any remaining rent due hereunder, the provisions of Operating Covenants 7 through 11, below, shall not apply. All crops will be planted, and all cropping practices conducted in accordance with a written crop plan between OWNER and OPERATOR ("Crop Plan") which shall be made a part of this Lease. Eauenses: Except as otherwise specified herein, all expenses incident to the operation of the properly during the term of this Lease shall be paid by the OPERATOR ALL EXPENSES TO OPERATOR Farm Programs: All decisions concerning participation of this properly in any Local, State, or Federal agricultural, conservation or similaz programs shall be at the discretion of the OWNER in accordance with the Crop Plan. Any division of payments shall be in confonmity with applicable governmental laws and regulations. It is mutually understood and agreed that if the OPERATOR a) receives any advance government program payments for the farm yeaz covered by this Lease or any subsequent year, and b) fails or refuses to comply with the tenus and conditions of this Lease, and c) is terminated by the OWNER as the OPERATOR under this Lease for any reason, then the OPERATOR agrees to immediately return the advanced government program payments. As determined by the Farm Service Agency, the payments shall either be returned to the FSA, or paid to the new tenant to whom the property is leased for the applicable farm year. PROGRAM PAYMENTS DIRECTLY RELATED TO CROP PRODUCTION ARE TO OPERATOR Aariculturai Chemicals: The OPERATOR agrees that the amounts of fertilizer, lime, and other agricultural chemicals to be applied will be in accordance with the Crop Pian agreed to with the OWNER Operating Covenants: The following paragraphs may be de under appropriate circumstances: ADDENDUM ATTACHED: Yes~No IIVITIALS FARM# - C364 Rev. 10-06 Page 1 OPERATING COVENANTS: 1. Rent: Cash rent shall be paid on the dates set forth herein, without further notice from the OWNER to the OPERATOR Cash rent not paid when due shall bear interest until paid, at the rate of 18% per annum, or the highest rate allowed by the laws of the state where the property is located, whichever is less. OPERATOR agrees to pay a service charge of $25 for any returned or insufficient funds check. 2. Assignment -Subleasing: OPERATOR agrees not to assign this Lease to any other person, nor sublease all or any part of the farm property described herein without the written permission of OWNER For the purpose of this section, an assignment of this Lease shall be deemed to have taken place when all, or substantially ali of the agricultural operations are performed by hired labor or by one or more third parties hired by the OPERATOR to perform agricultural operations on a custom basis. 3. Right to Enter: The OWNER, its agents, assigns, lessees, or contractors shall have the right to go upon the premises at any time to inspect the same or to make repairs or nnprovements thereon, or for any other purposes incidental to the management of the property. The OWNER, its lessees, agents, assigns, or contractors shall also have the right to go upon the land to fall till, or develop the land for irrigation, to install conservation structures, to seed or sow any grain or grass thereon or to hunt, fish, trap or otherwise take or harvest fish and game from the premises. 4. Litigation: In the event of default by the OPERATOR resulting in the OWNER employing an attorney for the purpose of enforcing any provision of this Lease or regaining possession of the properly, the OPERATOR agrees to pay the OWNER's reasonable attorney's fees and expenses on demand Delinquent payments shall draw interest at the default rate referred to in Operating Covenant 1. 5. Default: All covenants and agreements contained in this Lease are declared to be conditions of the Lease for the term demised to the OPERATOR Should the OPERATOR default in the performance of any covenant, condition or agreement contained herein, the OWNER may tenminate the agreement as provided herein, and/or bring an action for damages, performance, or other suitable remedy in a court of competent jurisdiction. Any waiver, or failure by the OWNER to strictly enforce any provision of this agreement shall not be deemed to restrict or limit the OWNER's ability to strictly enforce said provision at anytime thereafter. 6. Failure to Perform /Right of Entry: The OPERATOR agrees that if he or she fails to diligently perform any agricultural activity provided for hereunder for the proper operation and management of the premises at the proper time, or in the proper manner, or if he or she fails to follow Crop Plan or assigns this Lease or subleases the premises in whole or in part, the OWNER may, after giving the OPERATOR 72 hours written notice, personally delivered to the OPERATOR, or sent to the OPERATOR'S last known address by U. S. Mail, postage pre-paid, either (a) declare this Lease to be terminated and take immediate possession of the premises, and/or (b) enter upon the premises in person or by agent or contractor and perform the necessary agricultural activities which the OPERATOR should have done, and the OWNER shall add all expenses incurred therewith to the rent to be paid hereunder, the same to be immediately due and bear interest until paid at the rate set fords under Operating Covenant 1. 7. Financial Statement: The OPERATOR agrees to famish the OWNER a statement showing the OPERATOR's current financial posifion upon request of the OWNER 8. Insolvency of OPERATOR The insolvency of the OPERATOR, a receiver being appointed to take possession of all or substantially all of the property of the OPERATOR, the filing of a voluntary or involuntary bankruptcy proceeding or the making of a general assigamerrt for the benefit of creditors by the OPERATOR shall, to the extent allowed by law, entitle the OWNER to terminate the Lease and immediately re-enter and regain possession and operation of the premises. 9. Sate and Removal of Cross: The OPERATOR agrees and aclmowledges that, until the scheduled cash rent payments due hereunder have been paid and are not delinquent, and all of the grain has been delivered, the OWNER shall have property rights in the crops produced on the property, and therefore covenants and agrees not to sell or remove any of the crops raised on the premises during the term of this Lease until the rent due hereunder has been fully paid or the OWNER has given the OPERATOR written consent to such sale or removal. 10. Security Interest: The OPERATOR hereby grants the OWNER a security interest in all crops growing or to be grown, on the property, on all harvested crops now owned or hereafter acquired by the OPERATOR, wherever stored, grown, or produced, on the property described herein on all livestock kept or pastured on the property, and on all proceeds of such crops and livestock. The security interest granted herein shall extend to and cover all warehouse receipts issued by any warehouse as evidence of the delivery and storage of crops. It shall also extend to general intangibles, accounts, and rents, issues and profits, and farm program payments or entitlements of every type. The security interest shall also extend to any proceeds recovered under insurance policies covering the crops. OPERATOR agrees to execute any and all documents required to grant this security interest and perfect an enforceable lien for the benefit of the OWNER The OPERATOR shall furnish owner a list of buyers, commission merchants, and selling agents to or through whom the OPERATOR may sell crops. growing or to be grown on the property, in accordance with the Food Security Act of 1985. 11. Warranty of OPERATOR: The OPERATOR expressly warrants and guarantees to the OWNER that any security interest granted to the OWNER is a first security interest, prior and paramount to any and all other security interests pertaining to the property covered thereby, including, but not limited to those that may have been granted to a lender, machinery or equipment provider, or crop input provider. The OPERATOR further agrees that if this warranty and Rev. 10-06 Page 2 guaranty is breached, the OPERATOR will promptly obtain such releases, waivers or subordinations from other secured parties as may be required to provide the OWNER with a first security interest, and upon failure to do so, the OWNER may, in addition to any other remedy it may have hereunder, immediately terminate this Lease and enter into full possession of the property. 12. OPERATOR'S Contribution: The OPERATOR agrees: (a) to follow the agricultural practices that are currently recommended for, and that are best adapted to this type of property and crops, and this locality, unless other practices are expressly agreed upon with the OWNER; (b) to furnish all labor and equipment necessary to operate this property; and (c) to promptly complete a "harvest results" card, and return it to the OWNER within 48 hours following delivery of the OWNER'S harvested grain, (d) to reimburse the OWNER for any marketing loss experienced by the OWNER as a result of the OPERATOR'S failure to provide the harvest results to the OWNER as required under (c), above, and (e) to provide complete and accurate yield documentation to the OWNER within two weeks following harvest of each crop. Yield documentation shall be in the form of scale tickets, yield monitor data, or actual grain bin measurements. 13. Care of Property: The OPERATOR agrees that he will: a) cultivate and otherwise operate the property in a professional worlananlike manner, and in accordance with the Crop Plan and generally recognized and approved agricultural practices; b) when so directed, farm on the contour, or use minimum tillage or no tillage agricultural practices; c) operate the property in conformity with appropriate soil and water conservation practices, and in such a way as to maintain and if possible enhance soil productivity; d) operate the property in conformity with all required or applicable conservation plans or programs, including but not limited to those subject to the jurisdiction of USDA and EPA and their related agencies, and e) keep the property clean and free of trash, rubbish, refuse, dead animals and waste. 14. Environmental Compliance: (a) The OPERATOR warrants that he is knowledgeable of the Federal, State and Local laws and regulations pertaining to the operation of this property with regard to matters of environmental compliance, and the protection and preservation of soil, water and other natural resources; (b) The OPERATOR warrants that he will operate the properly in full compliance with all such laws, and will notify the OWNER immediately of any accidents, problems, conditions or occurrences on the property which may threaten compliance with such laws or regulations, or which may result in liability or damage being imposed upon the Agent or the Property Owner; (c) The OPERATOR warrants that all fertilizers, agricultural chemicals, petroleum products and hazardous or toxic wastes or substances in, on, or affecting the property will be handled, used, stored, contained, transported, applied, removed and/or disposed of in accordance with all applicable laws, regulations, manufacturer's directions and labeling; (d) The OPERATOR acknowledges that he is knowledgeable of the Worker Protection Standard adopted by EPA, and warrants that he will see that the requirements of the Standard are adhered to in regard to the use and application of agricultural chemicals on the property; and (e) The OPERATOR agrees to complete any Environmental Questionnaires or other requests for environmental information solicited by the OWNER 15. Machinery and Equipment: The OPERATOR shall be responsible for providing the machinery and equipment necessary .for planting, cultivating and harvesting the crops, and for any other agricultuual operations incidental to operating the properly covered by this Lease. All costs of purchasing, renting, leasing, and operating the machinery and equipment, including the cost of custom operations, shall be paid by the OPERATOR, except as otherwise specified herein. 16. Weed Control: The OPERATOR agrees to keep the cultivated areas clean and free from weeds and further agrees to cut or spray weeds, trees and shrubs growing in the fence rows and non-crop areas, as is necessary to keep these areas neat and presentable. All costs involved in controlling weeds shall be paid by the OPERATOR except as otherwise specified herein. The OPERATOR agrees to mow the roadsides as often as necessary to present a neat appearance or as directed by OWNER 17. Insect and Disease ControL• The OPERATOR agrees to carry out all approved practices for the control and eradication of corn borer, rootworm, and other crop insects, pests and diseases, as may be necessary, at his own cost, unless otherwise specified herein, or in writing by the OWNER 18. Fertilizers. Lime and Manure: The OPERATOR agrees to haul out and distribute, as agreed with the OWNER, any manure and/or compost suitable to be used, and to apply at the proper time and in the proper manner all fertilizers and agricultural lime. Further, the OPERATOR will, upon request, provide the OWNER with receipts, sale tickets, application records, and other documentation showing the use or application of all agricultural chemicals to which state, federal or local record keeping requirements apply. The OPERATOR shall be responsible for all costs of purchasing, transporting, and applying manure, fertilizers, and agricultural lime, except as otherwise agreed herein or in writing by the OWNER. 19. Crop Handling: If applicable, the OPERATOR shall be responsible for the costs of handling crops raised on the premises, unless otherwise agreed herein or in writing by the OWNER For purposes of this paragraph, "handling" shall include, but shall not be limited to placing crops in storage facilities located on the property, hauling to a grain elevator or other facility selected by the OWNER, and such other handling services as required from time to time by the OWNER 20. Straw and Stalks: The OPERATOR agrees not to burn any stacks, straw, stalks, or stubble, or to remove any straw or stalks from the premises, unless otherwise expressly agreed herein, or in writing by the OWNER 21. Improvements: The OPERATOR agrees to perform ordinary maintenance tasks and will otherwise properly maintain all buildings, file lines, fences, irrigation equipment, water systems and other improvements on the premises, and shall yield them up to the OWNER at the end of the lease term in as good order and condition as at the beginning thereof, normal wear and tear excepted. The OPERATOR further agrees to provide labor and to haul such materials as may be necessary Rev. 10-06 Page 3 for said maintenance, and to provide the labor and materials necessary to make minor repairs to said improvements that are or may be due as a result of ordinary wear and tear. The OPERATOR shall be solely responsible for the cost of making repairs to improvements which have been damaged or destroyed because of the OPERATOR's failure to maintain, or otherwise because of OPERATOR'S neglect, abuse, negligence, or lack of attention. It is mutually understood and agreed that the OWNER shall not be obligated to replace any improvements lost or destroyed, regardless of whether or not such loss was covered by insurance. 22. F s located on the property at the r outQ~ • e as prove e ~-Z-~ 23. Improvements Made by OPERATOR: It is mutually understood and agreed between the parties hereto that all buildings, fences and improvements of every kind and nature that may be erected upon the above described property during the term of this Lease by the OPERATOR shall be deemed as additional rent and shall inure to the premises and become the property of the OWNER unless permission to erect and remove the same shall be obtained beforehand, in writing, and made a part of this Lease. 24. Insurance: The OPERATOR shall carry the following types and minimum coverage of insurance: (a) Worker's Compensation Insurance if required under the laws of the state where the property is located; (b) Comprehensive General Liability Insurance, including Employer's Liability, with respect to the OPERATOR'S use and occupancy of the premises and all operations incidental thereto, with limits of not less than $1,000,000 per occurrence. Operator may at the option of the OWNER be required to name the OWNER and the Agent as additional insureds. This insurance shall also provide contractual liability insurance covering the obligations assumed by the OPERATOR under the indemnity provisions under Operating Covenant 25(a) only; (c) Automobile Liability Insurance on all owned, non-owned, hired or leased automotive equipment in conjunction with operations, in amounts not less than $500,000 per occurrence; and d) If required by the OWNER, crop or crop/revenue insurance coverage. If crop or crop/revenue insurance is required, it will be set forth in Operating Covenant 40, below. The OPERATOR hereby certifies that all applicable insurance coverages are currently in effect and will remain in effect and unchanged throughout the term of this Lease and will provide a certificate of insurance to OWNER upon request. 25. Indemnification: The OPERATOR agrees to indemnify and hold the OWNER and the Agent harmless from any and all claims, liability, loss, damage or expenses resulting from OPERATOR'S occupation and use of the premises, specifically including without limitation any claim, liability, loss or damage arising: (a) by reason of the injury to person or property from whatever cause (other than negligence or misconduct by the OWNER) while in, on or near the premises or in any way connected with the premises or with the improvements or personal property in or on the premises, including any liability for injury to the person or personal property of the OPERATOR its agents or employees; (b) By reason of any work performed on the premises or materials furnished on the premises at the instance of or request of the OPERATOR, its agents or employees, other than negligence or misconduct by the OWNER, its agents or employees; (c) By reason of the OPERATOR'S failure to perform any provision of this Lease or to comply with any requirement imposed upon it or on the premises by any duly authorized governmental agency or political subdivision; provided that the OPERATOR shall not be responsible to comply with any requirements necessitating structural or permanent improvements or changes to the premises; (d) Because of the OPERATOR'S failure or inability to pay as they become due any obligation incurred by it in the agricultural or other operations conducted by it on the premises. The provisions of the foregoing indemnification agreement shall remain in effect following the termination of this Lease. 26. Independent Contractors: If the OPERATOR employs independent contractors to perform any work on the property, or to conduct its farming operation, the OPERATOR shall supervise the work performed by such contractors and assure the OWNER that each contractor maintains in full force and effect, at contractor's sole cost and expense, the kinds and amounts of insurance specified in Operating Covenant 24 herein, and any other insurance the OWNER deems reasonably necessary or desirable, under the circumstances. 27. Expiration of Term; Termination Upon expiration of the term of this Lease, or upon termination of the Lease prior to expiration of the term, the Operator covenants and agrees as follows: (a) Operator will promptly surrender possession of the property to the Owner or its designee in as good order and condition as when the same was entered upon by the Operator, loss by fire, acts of God, or ordinary weaz and teaz excepted; (b) Operator will, prior to the expiration or termination date, remove all of its grain, farm equipment, livestock, tools, supplies, rubbish, and personal property of all type and description from the property at its own cost and expense; (c) If Operator should fail to deliver possession of the property to Owner or otherwise fails to comply with the terms of this Paragraph 27, Owner may at its option, take such action as required by local law to obtain possession of the property and to remove Operator's personal property, at Operator's sole cost and expense, or chazge Operator liquidated damages in the amount of $100 per day until possession has been delivered and Operator's personal property has been removed, it being agreed that it would be dill cult to determine the actual amount of damages that may be suffered by Owner by reason of Operator's failure to yield possession. 28. Binding on Heirs: Except as provided in Paragraph 34, and except as may be mutually agreed by the parties, the provisions of this Lease shall be binding upon the heirs, executors, administrators, and successors of both the OWNER and the OPERATOR in like manner as upon the original parties. The rights referred to herein shall not include subleasing or assignment as set forth above. Rev. 10-06 Page 4 29. Partnership Not Created: This Lease should not be construed as giving rise to a partnership, and neither party shall be liable for debts or obligations of the other without written consent, and OPERATOR has no authority to incur any obligation on behalf of the Owner or AGENT. 30. Notices: Except as otherwise expressly provided by law, any and all notices or communications required or permitted by this Lease or by law to be served on or given to either party hereto by the other party shall be in writing and shall be deemed to be duly served and given when personally delivered, or deposited in the United States Mail, First Class, postage pre-paid, addressed to the party at its last known address. 31. Time of Essence: Time is expressly declared to be of the essence in this Lease. 32. Farm Programs: Participation of this property in any Local, State or Federal agricultural, conservation or similar programs, or any program for carbon sequestration, and compliance with the terms and conditions of such programs shall be subject to the direction and control of the OWNER 33. Sale of Premises: The OPERATOR acknowledges and agrees that the Property Owner may desire to sell the property between the time this Lease is made and entered into and the following January tst. If a sale contract on the property is entered into, and the OPERATOR is notified in writing of the sale, before such January 1~`, the OPERATOR agrees to terminate this Lease and to return full possession of the property to the OWNER The OWNER agrees to reimburse the OPERATOR for any labor or inputs provided by the OPERATOR in anticipation of the upcoming crop year. Reimbursement shall be at a rate not in excess of the custom rates published by the local State University or County Extension Office. 34. Death or Incapacity of OPERATOR: The OPERATOR agrees that this Lease is a personal services contract with the OWNER, and that in the event of the OPERATOR'S death or disability prior to commencement of farming operations or payment of all rent due hereunder, whichever occurs first, this Lease shall, at the OWNER's option, not take effect and shall be null and void. 35. Termination -Compensation for Work Done: The OPERATOR acknowledges and agrees that this Lease will terminate on the date set forth under Term, above, and that OPERATOR is not authorized to provide labor or inputs of any kind in anticipation of growing crops to be harvested following the termination daze (i.e. wheat), without the written approval of the OWNER The OPERATOR shall not be entitled to reimbursement for labor or inputs voluntarily provided, without prior written approval Where approval has been granted, reimbursement shall be at a rate not in excess of the custom rates published by the local State University or County Extension Office. 36. Possession -Liability: The OWNER shall not be liable in damages for its failure to deliver possession of the premises for any cause beyond its control. 37. Extension of Term -Amendments: The parties hereto agree that no act of either party or both parties hereunder shall be construed as an extension of this Lease or any change in its terms unless the same is reduced to writing and signed by both 1~~- 38. Oil, Gas and Minerals: This Lease is subject to all oil, gas or mineral leases heretofore or hereafter executed by the Owner or its agents. The OPERATOR agrees to allowing exploration companies to enter upon the leased premises and make such exploration and drilling as may be proper at any time upon agreement by the exploration companies to pay for all damages to growing crops of the OPERATOR and growing crops and property of the OWNER Upon request, the OPERATOR shall be notified by the OWNER of known or anticipated oil, gas or mineral exploration activity. 39. GeneraL• (a) It is mutually understood and agreed that the use of Global Positioning Technology on this property requires the prior consent and approval of the OWNER, which consent and approval cannot be unreasonably withheld. The ownership, access to, and use of all information generated through the use of Global Positioning Technology shall belong to the OWNER, unless otherwise mutually agreed upon in advance by the OWNER and the OPERATOR, and set forth in Operating Covenant 40, below; and (b) It is mutually understood and agreed that this Lease shall be governed by the laws of the state in which the property is located. It is further recognized by the parties that certain form provisions of this Lease may not apply due to the particular type of agricultural operation covered. Therefore, this Lease shall be understood and interpreted in a manner consistent with the actual agricultural operation covered herein, and the applicable laws of the state in which the property is located. 40. Miscellaneous Provisions: Rev. 10-06 Page 5 OPERATOR SHALL NOT DISCRIMINATE AGAINST ANY PERSON IN EMPLOYMENT OR PUBLIC ACCOMMODATION BECAUSE OF RACE RELIGION COLOR CREED GENDER IDENTITY. SEX, NATIONAL ORIGIN SEXUAL ORIENTATION M12NTAL OR PHYSICAL DISABILITY MARITAL STATUS OR AGE. "EMPLOYMENT" SHALL INCLUDE BUT NOT BE LIlvIITED TO HIItING, ACCEPTING, REGISTERING, CLASSIFYING PROMOTING OR REFERRING TO EMPLOYMENT. "PUBLIC ACCOMODATION" SHALL INCLUDE BUT NOT BE LIMITED TO PROVIDING GOODS SERVICES FACILITIES PRIVILEGES AND ADVANTAGES TO THE PUBLIC. IN WITNESS' WHEREOF, the parties hereto have entered into this Farm Lease and Security Agreement on the date first above written. ~~ ~ ~ 479-72- 078 Operator's Liability Insurance Co. OPERATO Social Secunty No. OPERATOR Social Security No. Operator's Insurance Agency OPERATOR ^~ q Social Security No. Operator's Insurance Agency Phone # L~~1v/ 2-~ 2 ~~ 1 Date Sign- / 4 By: ~/ ~ OVVner Approved By ~~~r City Attorney's Offiare Rev. 10-06 Page 6 EXHIBIT A All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5~' P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE%4) of Section 19, Township 79 North, Range 5 West of the 5~' P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE'/4) of Sec. 30, Township 79 North, Range 5 West of the 5~' P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5'~ P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A portion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5"' P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5~` P.M., Johnson County, Iowa; thence North 89°48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE'/4) of said Section 19; thence South 89°48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. And Except: Johnson County Auditor's Parcels 2008096 and 2008097 legally described as follows: The West 80 feet of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5~' P.M., Johnson County, Iowa, lying North of the Iowa Interstate Railroad Company right-of--way and being more particularly described as follows: Commencing at a point of reference at the Southwest corner of said Southeast Quarter; thence North 0'00'45" West 1803.51 feet along the West line of said Southeast Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of--way line of said Iowa Interstate Railroad Company; thence continuing North 0'00'45" West 131.10 feet along said West line to a point of intersection with the Northerly right-of--way line of said Iowa Interstate Railroad Company and the point of beginning; thence continuing North 0'00'45" West 653.47 feet along said West line to the Northwest corner of said Southeast Quarter; thence South 88'42'56" East 80.02 feet along the North line of said Southeast Quarter; thence South 0'00'45" East 693.93 feet along a line parallel with and 80 feet in perpendicular distance East of the West line of said Southeast Quarter to a point of intersection with the Northerly right-of--way line of said Iowa Interstate Railroad Company; thence North 62'09'47" West 90.48 feet along said northerly right-of-way line to the point of beginning and containing 1.24 acres more or less. The West 80 feet of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5"' P.M., Johnson County, Iowa, lying South of the Iowa Interstate Railroad Company right-of--way and being more particularly described a follows: Beginning at the Southwest corner of said Southeast Quarter; thence North 0'00'45" West 1803.51 feet along the West line of said Southeast Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of--way line of said Iowa Interstate Railroad Company; thence South 62'09'47" East 90.48 feet along said Southerly right-of--way line; thence South 0'00'45" East 1765.30 feet along a line parallel with and 80 feet in perpendicular distance East of the West line of said Southeast Quarter to a point of intersection with the South line of said Southeast Quarter; thence North 87'06' 11" West 80.10 feet along said South line to the point of beginning and containing 3.28 acres more or less. ~xh;bk B ~_ ~-/ ~, ~~ ~ ~~ ~~ ~ ,~~ , ~ :s~~sE~- :+ Fi - ~. ° ~'~ f'E - '-R i z ,: ~ y~, to ' ,~: ~ ~ a.. , .. . ~. __ ~~ .~. ~-.-_ ..-.,. 4 - ~ - -.~-«-r- ,.Y,~, QTY -~- b N a . Y ~ :~ i #~ J ~ i ' } _ _ 420 REE ~ ~ '~ ~ , s ~ ~ . _ .~ r - ~~ ` . ~ ~ ra. 420TH STREET SE-INDUSTRIAL PARK LOCATION MAP N tl - ~~~~ ~~~~~ ,, - FaN IIAr~16~KlW~F j! ypi~ew(, LLC . ~~^~ fiv NOa.MSM[1E3 ~~ FARM LEASE AND SECURITYAGREEMENT CASH RENT Parties: This Farm Lease and Securi Agreement ("Lease") is made and entered into this day of , 20 , by and between the Property Owner, Ci of Iowa Ci hereinafter referred to as the ("OWNER") and Phil Prvbil, 4830 Utah Avenue SE Iowa City, IA 52240, herein fter referred to as the OPERATOR. Property: The OWNER leases to the successors and assigns. TOR the following described property: Term: The term of this Lease shall begin on M h 1 2009 and shall end on Fet being required of the OWNER, unless expressly re uired by applicable state law. terminate this lease at any time upon the OPERATO 'S failure to timely pay the full Rent: The OPERATOR shall pay rent to the OWNER, s follows: / have the right to enter ~ropettkfor any reason at any time. This lease does not allow the use of gain bin(s) on the property. CASH RENT IS DUE AS FOLLOWS: 20 000.00 6/01/200 Provided, however, if all of the rent due hereunder is paid ' full on or efor the OWNER with a satisfactory and enforceable Letter o redit securing m Operating Covenants 7 through 11, below, shall not appl . All crops will be planted, and all cropping practices onducted in accordance OPERATOR ("Crop Plan") which shall be made a p rt of this Lease. Expenses: Except as otherwise specified herein all expenses incident to the Lease shall be paid by the OPERATOR. ALL EXPENSES TO OPERATOR. of the property during the term of this Farm Programs: All decisions conce ing participation of this property in an Local, State, or Federal agricultural, conservation or similar programs shall eat the discretion of the OWNER in accorda ce with the Crop Plan. Any division of payments shall be in conformity with plicable governmental laws and regulations. It is mutually understood and agre d that if the OPERATOR a) receives any advance vernment program payments for the farm year covered by this Lease any subsequent year, and b) fails or refuses to comply with the terms and conditions of this Lease, and c) is terminated by t e OWNER as the OPERATOR under this Lease for any rea on, then the OPERATOR agrees to immediately return the adva ed government program payments. As determined by the F Service Agency, the payments shall either be returned tot FSA, or paid to the new tenant to whom the property is leased fo the applicable farm year. A ricultural Chemic s: The OPERATOR agrees that the amounts of fertilizer, lime, and other agricultural chemicals to be applied will be in acgordance with the Crop Plan agreed to with the OWNER. Operating Covenants: The following paragraphs may be deleted, under appropriate circumstances: ADDENDUM ATTACHED: Yes No INITIALS FARM# - C364 ~, 2010 without notice of any type i, however, that the OWNER may of any rent due hereunder. 6/01/2009, or if the OPERATOR has provided remaining rent due hereunder, the provisions of with a written crop plan between OWNER and Rev. 10-06 Page 1 OPERATING COVENANTS: 1. Rent: Cash rent shall be paid on the dates set forth herein, without further notice from the OWNER to the OPERATOR. Cash rent not paid when due shall bear interest until paid, at the rate of 18% per annum, or the highest rate allowed by the laws of the state where the property is located, whichever is less. OPERATOR agrees to pay a service charge of $25 for any returned or insufficient funds check. 2. Assignment -Subleasing: OPERATOR agrees not to assign this Lease to any other person, nor sublease all or any part of the farm property described herein without the written permission of OWNER. For the purpose of this section, an assignment of this Lease shall be deemed to have taken place when all, or substantially all of the agricultural operations are performed by hired labor or by one or more third parties hired by the OPERATOR to perform agricultural operations on a custom basis. 3. Right to Enter: The OWNER, its agents, assigns, lessees, or contractors shall have t right to go upon the premises at any time to inspect the same or to make repairs or improvements thereon, or for any other purposes incidental to the management of the property. The OWNER, its lessees, agents, assigns, or contr tors shall also have the right to go upon the land to fall till, or develop the land for irrigation, to install conservations ctures, to seed or sow any grain or grass thereon or to hunt, fish, trap or otherwise take or harvest fish and game from t e premises. 4. Litigation: In the event of default by the OPERATOR resulting in the O ER employing an attorney for the purpose of enforcing any provision of this Lease or regaining possession of the property, the OPERATOR agrees to pay the OWNER's reasonable attorney's fees and expenses on demand. Delinq nt payments shall draw interest at the default rate referred to in Operating Covenant 1. 5. Default: All covenants and agreements contained in this Lease are declared to be conditions of the Lease for the term demised to the OPERATOR. Sh uld the OPERATOR default in t performance of any covenant, condition or agreement contained herein, the OWNER ay terminate the agreement a provided herein, and/or bring an action for damages, performance, or other suitable re edy in a court of compete jurisdiction. Any waiver, or failure by the OWNER to strictly enforce any provision of th agreement shall not be eemed to restrict or limit the OWNER's ability to strictly enforce said provision at any time the eafter. 6. Failure to Perform /Right of Entry:'' The OPERATOR ees that if he or she fails to diligently perform any agricultural activity provided for hereunder for the proper operatio and management of the premises at the proper time, or in the proper manner, or if he or she fails to follow Crop Pla or assigns this Lease or subleases the premises in whole or in part, the OWNER may, after giving the OPERATOR 72 h urs written notice, personally delivered to the OPERATOR, or sent to the OPERATOR'S last known address by U. S. il, postage pre-paid, either (a) declare this Lease to be terminated and take immediate possession of the premises, and/o (b) enter upon the premises in person or by agent or contractor and perform the necessary agricultural activities wh' h the OPERATOR should have done, and the OWNER shall add all expenses incurred therewith to the rent to be pa' hereunder, the same to be immediately due and bear interest until paid at the rate set forth under Operating Covenant 1. 7. Financial Statement: The OPERATOR a ees to furnish the OWNER a statement showing the OPERATOR'S current financial position upon request of the O R. 8. Insolvency of OPERATOR: The insol ncy of the PERATOR, a receiver being appointed to take possession of all or substantially all of the property of the ERATOR, th filing of a voluntary or involuntary bankruptcy proceeding or the making of a general assignment fort benefit of credit rs by the OPERATOR shall, to the extent allowed by law, entitle the OWNER to terminate the Lease d immediately re-enter and regain possession and operation of the premises. 9. Sale and Removal of Crous: The PERATOR agrees and acknowledges that, until the scheduled cash rent payments due hereunder have been paid and ar not delinquent, and all of the grain has been delivered, the OWNER shall have property rights in the crops produced on the property, and therefore covenants and agrees not to sell or remove any of the crops raised on the premises during a term of this Lease until the rent due hereunder has been fully paid or the OWNER has given the OPERATOR writte consent to such sale or removal. 10. Security Interest: The OP RATOR hereby grants the OWNER a security interest in all crops growing or to be grown, on the property, on all harve ted crops now owned or hereafter acquired by the OPERATOR, wherever stored, grown, or produced, on the prope described herein on all livestock kept or pastured on the property, and on all proceeds of such crops and livestock. T e security interest granted herein shall extend to d cover all warehouse receipts issued by any warehouse as evidenc of the delivery and storage of crops. It shall also exte d to general intangibles, accounts, and rents, issues and profits, a d farm program payments or entitlements of every type. e security interest shall also extend to any proceeds recovere under insurance policies covering the crops. OPERATOR rees to execute any and all documents required to grant his security interest and perfect an enforceable lien for the benefit of the OWNER. The OPERATOR shall furnish ow er a list of buyers, commission merchants, and selling agents to or through whom the OPERATOR may sell crops grovying or to be grown on the property, in accordance with the Food Security Act of 1985. 11. Warranty of~OPERATOR: The OPERATOR expressly warrants and guarantees to the OWNER that any security interest granted to the OWNER is a first security interest, prior and paramount to any and all other security interests pertaining to the property covered thereby, including, but not limited to those that may have been granted to a lender, machinery or equipment provider, or crop input provider. The OPERATOR further agrees that if this warranty and Rev. 10-06 Page 2 guaranty is breached, the OPERATOR will promptly obtain such releases, waivers or subordinations from other secured parties as may be required to provide the OWNER with a first security interest, and upon failure to do so, the OWNER may, in addition to any other remedy it may have hereunder, immediately terminate this Lease and enter into full possession of the property. 12. OPERATOR'S Contribution: The OPERATOR agrees: (a) to follow the agricultural practices that are currently recommended for, and that are best adapted to this type of property and crops, and this locality, unless other practices are expressly agreed upon with the OWNER; (b) to furnish all labor and equipment necessary to operate this property; and (c) to promptly complete a "harvest results" card, and return it to the OWNER within 48 hours following delivery of the OWNER'S harvested grain, (d) to reimburse the OWNER for any marketing loss experienced by the OWNER as a result of the OPERATOR'S failure to provide the harvest results to the OWNER as required under (c), above, and (e) to provide complete and accurate yield documentation to the OWNER within two weeks following harvest of each crop. Yield documentation shall be in the form of scale tickets, yield monitor data, or actual grain bin measurements. 13. Care of Property: The OPERATO agrees that he will: a) cultivate and otherwise operate the property in a professional workmanlike manner, and in accord ce with the Crop Plan and generally recognized and approved agricultural practices; b) when so directed, farm on the cont r, or use minimum tillage or no tillage agricultural practices; c) operate the property in conformity with appropriate soil an water conservation practices, and in such a way as to maintain and if possible enhance soil productivity; d) operate th property in conformity with all required or applicable conservation plans or programs, including but not limited to thos ,subject to the jurisdiction of USD Wand EPA and their related agencies, and e) keep the property clean and free of trash, rubbish, refuse, dead animals and w te. 14. Environmental Compliance: (a) The OPERATOR warrants that he is kno ledgeable of the Federal, State and Local laws and regulations pertaining to the operation of this property with regard matters of environmental compliance, and the protection and preservation of soil, water and other natural resources; )The OPERATOR warrants that he will operate the property in full compliance with all such laws, and will notify t OWNER immediately of any accidents, problems, conditions or occurrences on the property which may threaten co liance with such laws or regulations, or which may result in liability or damage being imposed upon the Agent or the roperty Owner; (c) The OPERATOR warrants that all fertilizers, agricultural chemicals, petroleum products and bazar ous or toxic wastes or substances in, on, or affecting the property will be handled, used, stored, contained, transp ed, plied, removed and/or disposed of in accordance with all applicable laws, regulations, manufacturer's directions a d abeling; (d) The OPERATOR acknowledges that he is knowledgeable of the Worker Protection Standard adopted EPA, and warrants that he will see that the requirements of the Standard are adhered to in regard to the use and app ca 'on of agricultural chemicals on the property; and (e) The OPERATOR agrees to complete any Environmental uestionnaires or other requests for environmental information solicited by the OWNER. 15. Machinery and Eauipment: The OPERATOR sha be responsible for providing the machinery and equipment necessary for planting, cultivating and harvesting the crops and for any other agricultural operations incidental to operating the property covered by this Lease. All costs of p chasing, renting, leasing, and operating the machinery and equipment, including the cost of custom operations, shall b paid by the OPERATOR, except as otherwise specified herein. 16. Weed Control: The OPERATOR agrees to eep the cultivated areas clean and free from weeds and further agrees to cut or spray weeds, trees and shrubs growing i he fence rows and non-crop areas, as is necessary to keep these areas neat and presentable. All costs involved in control ng weeds shall be paid by the OPERATOR except as otherwise specified herein. The OPERATOR agrees to mow the oadsides as often as necessary to present a neat appearance or as directed by OWNER. ' 17. Insect and Disease Control: The PERATOR agrees to carry out all approve. practices for the control and eradication of corn borer, rootworm, and othe crop insects, pests and diseases, as may be nec sary, at his own cost, unless otherwise specified herein, or in writing by e OWNER. 18. Fertilizers Lime and Manu The OPERATOR agrees to haul out and distribut as agreed with the OWNER, any manure and/or compost suit le to be used, and to apply at the proper time and in th8 proper manner all fertilizers and agricultural lime. Further, e OPERATOR will, upon request, provide the OWNER with receipts, sale tickets, application records, and other docu ntation showing the use or application of all agricultural chemicals to which state, federal or local record keeping re irements apply. The OPERATOR shall be responsible for all costs of purchasing, transporting, and applying manure, ertilizers, and agricultural lime, except as otherwise agreed herein or in writing by the OWNER. 19. Crop Handling: applicable, the OPERATOR shall be responsible for the costs of handling crops raised on the premises, unless erwise agreed herein or in writing by the OWNER. For purposes of this paragraph, "handling" shall include, but sha not be limited to placing crops in storage facilities located on the property, hauling to a grain elevator or other facility s ected by the OWNER, and such other handling services as required from time to time by the OWNER. 20. Straw and alks: The OPERATOR agrees not to burn any stacks, straw, stalks, or stubble, or to remove any straw or stalks fro he premises, unless otherwise expressly agreed herein, or in writing by the OWNER. 21. Im rove ents: The OPERATOR agrees to perform ordinary maintenance tasks and will otherwise properly maintain all building ,tile lines, fences, irrigation equipment, water systems and other improvements on the premises, and shall yield them up to the OWNER at the end of the lease term in as good order and condition as at the beginning thereof, normal wear and tear excepted. The OPERATOR further agrees to provide labor and to haul such materials as may be necessary for Rev. 10-06 Page 3 for said maintenance, and to provide the labor and materials necessary to make minor repairs to said improvements that are or may be due as a result of ordinary wear and tear. The OPERATOR shall be solely responsible for the cost of making repairs to improvements which have been damaged or destroyed because of the OPERATOR'S failure to maintain, or otherwise because of OPERATOR's neglect, abuse, negligence, or lack of attention. It is mutually understood and agreed that the OWNER shall not be obligated to replace any improvements lost or destroyed, regardless of whether or not such loss was covered by insurance. 22. Fences: The OPERATOR will maintain and remove fences located on the property at the request of the OWNER without charge for labor. In the event new fence is required, compensation shall be as provided for elsewhere herein. 23. Improvements Made by OPERATOR: It is mutually understood and agreed between the parties hereto that all buildings, fences and improvements of every kind and nature that may be erected upon the above described property during the term of this Lease by the OPERATOR shall be deemed as additional rent and shall inure to the premises and become the property of the OWNER unless permission to erect and remove the same shall be obtained beforehand, in writing, and made a part of this Lease. 24. Insurance: The OPERATOR shall carry the following types and minimum coverage of insurance: (a) Worker's Compensation Insurance if required under the laws of the state where the property is located; (b) Comprehensive General Liability Insurance, including Employer's Liability, with respect to the OPERATOR'S use and occupancy of the premises and all operations incidental th to, with limits of not less than $1,000,000 per occurrence. Operator may at the option of the OWNER be required to na a the OWNER and the Agent as additional insureds. This insurance shall also provide contractual liability insurance cov ing the obligations assumed by the OPERAT R under the indemnity provisions under Operating Covenant 25(a) only; (c) utomobile Liability Insurance on all o d, non-owned, hired or leased automotive equipment in conjunction with operat' ns, in amounts not less than $500,0 per occurrence; and d) If required by the OWNER, crop or crop/revenue insuran coverage. If crop or crop/reve a insurance is required, it will be set forth in Operating Covenant 40, below. The OPE TOR hereby certifies that applicable insurance coverages are currently in effect and will remain in effect and unchange throughout the term of is Lease and will provide a certificate of insurance to OWNER upon request. 25. Indemnification: The OPERATOR agrees to in ify and hold he OWNER and the Agent harmless from any and all claims, liability, loss, damage or expenses resulting om OPE TOR's occupation and use of the premises, specifically including without limitation any claim, liability, loss o dama arising: (a) by reason of the injury to person or property from whatever cause (other than negligence or miscondu by e OWNER) while in, on or near the premises or in any way connected with the premises or with the improvements or rsonal property in or on the premises, including any liability for injury to the person or personal property of the OP TOR its agents or employees; (b) By reason of any work performed on the premises or materials furnished on t e pre 'ses at the instance of or request of the OPERATOR, its agents or employees, other than negligence or misco uct by th OWNER, its agents or employees; (c) By reason of the OPERATOR'S failure to perform any provision oft ' Lease or to mply with any requirement imposed upon it or on the premises by any duly authorized governmental age cy or political su ivision; provided that the OPERATOR shall not be responsible to comply with any requirements ecessitating structur or permanent improvements or changes to the premises; (d) Because of the OPERATOR's fa' re or inability to pay as ey become due any obligation incurred by it in the agricultural or other operations conduct by it on the premises. T provisions of the foregoing indemnification agreement shall remain in effect following t termination of this Lease. 26. Indeaendent Contractors: If the OPE OR employs independent contracto to perform any work on the property, or to conduct its farming operation, the O BATOR shall supervise the work perfo ed by such contractors and assure the OWNER that each contractor maint 'sin full force and effect, at contractor's le cost and expense, the kinds and amounts of insurance specified in O erating Covenant 24 herein, and any other insura ce the OWNER deems reasonably necessary or desirable, under the c' cumstances. 27. Ex iration of Term• Terminat' n: Upon expiration of the term of this Lease, or upon to ination of the Lease prior to expiration of the term, the Op ator covenants and agrees as follows: (a) Operator will promptly surrender possession of the property to the Owner its designee in as good order and condition as when the same was entered upon by the Operator, loss by fire, act of God, or ordinary wear and tear excepted; (b) Operator will, prior to the expiration or termination date, remove 11 of its grain, farm equipment, livestock, tools, supplies, rubbish, and personal property of all type and description fro the property at its own cost and expense; (c) If Operator should fail to deliver possession of the property to Owner or therwise fails to comply with the terms of this Paragraph 27, Owner may at its option, take such action as required b local law to obtain possession of the property and to remove Operator's personal property, at Operator's sole cost and expense, or charge Operator liquidated damages in the amount of $100 per day until possession has been delivered and Operator's personal property has been removed, it being agreed that it would be difficult to determine the actual amount of damages that may be suffered by Owner by reason of Operator's failure to yield possession. 28. Bindin8 on Heirs: Except as provided in Paragraph 34, and except as may be mutually agreed by the parties, the provisions of this Lease shall be binding upon the heirs, executors, administrators, and successors of both the OWNER and the OPERATOR in like manner as upon the original parties. The rights referred to herein shall not include subleasing or assignment as set forth above. Rev. 10-06 Page 4 29 30 31. 32. 33 34. 35 Partnershia Not Created: This Lease should not be construed as giving rise to a partnership, and neither party shall be liable for debts or obligations of the other without written consent, and OPERATOR has no authority to incur any obligation on behalf of the Owner or AGENT. Notices: Except as otherwise expressly provided by law, any and all notices or communications required or permitted by this Lease or by law to be served on or given to either party hereto by the other party shall be in writing and shall be deemed to be duly served and given when personally delivered, or deposited in the United States Mail, First Class, postage pre-paid, addressed to the party at its last known address. Time of Essence: Time i pressly declared to.be of the essence in this Lease. Farm Programs: Parti ipation of this property in any Local, State or Federal agricultural, conservation or similar programs, or any progr for carbon sequestration, and compliance with the term ~ and conditions of such programs shall be subject to the direction d control of the OWNER. Sale of Premises: The OP RATOR acknowledges and agrees that the Prop Owner may desire to sell the property between the time this Lease i made and entered into and the following Janu 1st. If a sale contract on the property is entered into, and the OPERA R is notified in writing of the sale, befor such January 15t, the OPERATOR agrees to terminate this Lease and to retur~ full possession of the property to the ER. The OWNER agrees to reimburse the OPERATOR for any labor or inputs provided by the OPERATO in anticipation of the upcoming crop year. Reimbursement shall be at a rate not in excess of the custom rates ublished by the local State University or County Extension Office. Death or Incapacity of OPERATOR: The OPERATOR agrees at this Lease is a personal services contract with the OWNER, and that in the event of the O RATOR's death or d' ability prior to commencement of farming operations or payment of all rent due hereunder, whiche er occurs first, thi ease shall, at the OWNER's option, not take effect and shall be null and void. on the date set forth under Term, above, and the anticipation of growing crops to be harvested fo the OWNER. The OPERATOR shall not be en prior written approval. Where approval has been published by the local State University or County 36. Possession -Liability: The OWNER shall not b any cause beyond its control. The OPE TOR acknowledges and agrees that this Lease will terminate OPE OR is not authorized to provide labor or inputs of any kind in 1 win the termination date (i.e. wheat), without the written approval of itl d o reimbursement for labor or inputs voluntarily provided, without gr ed, reimbursement shall be at a rate not in excess of the custom rates ten ion Office. liable ' damages for its failure to deliver possession of the premises for 37. Extension of Term -Amendments: The pa ies hereto ag construed as an extension of this Lease or a y change in its that no act of either party or both parties hereunder shall be ms unless the same is reduced to writing and signed by both parties. ` 38. Oil, Gas and Minerals: This Lease i subject to all oil, gas off,mineral leases heretofore or hereafter executed by the Owner or its agents. The OPERATO agrees to allowing explora 'on companies to enter upon the leased premises and make such exploration and drilling a may be proper at any time upo agreement by the exploration companies to pay for all damages to growing crops of t e OPERATOR and growing crops nd property of the OWNER. Upon request, the OPERATOR shall be notified by e OWNER of known or anticipated oil; as or mineral exploration activity. 39. General: (a) It is mutually and stood and agreed that the use of Global Po 'tinning Technology on this property requires the prior consent and approval of the OWNER, which consent and appro 1 cannot be unreasonably withheld. The ownership, access to, and use of all information generated through the use of G bal Positioning Technology shall belong to the OWNER, unless nth rwise mutually agreed upon in advance by the OWNE and the OPERATOR, and set forth in Operating Covenant 40, low; and (b) It is mutually understood and agreed that thi ease shall be governed by the laws of the state in which the, roperty is located. It is further recognized by the parties that c ain form provisions of this Lease may not apply due to the particular type of agricultural operation covered. Therefore, th' Lease shall be understood and interpreted in a manner consistent with the actual agricultural operation covered herein, and a applicable laws of the state in which the prope is located. 40. Miscellaneous Provisions: Rev. 10-06 Page 5 OPERATOR SHALL NOT DISCRIMINATE AGAINST ANY PERSON IN EMPLOYMENT OR PUBLIC ACCOMMODATION BECAUSE OF RACE RELIGION COLOR CREED GENDER IDENTITY SEX NATIONAL ORIGIN SEXUAL ORIENTATION MENTAL OR PHYSICAL DISABILITY MARITAL STATUS OR AGE. "EMPLOYMENT" SHALL INCLUDE BUT NOT BE LIMITED TO HIRING ACCEPTING REGISTERING, CLASSIFYING PROMOTING OR REFERRING TO EMPLOYMENT. "PUBLIC ACCOMODATION" SHALL INCLUDE BUT NOT BE LIMITED TO PROVIDING GOODS SERVICES FACILITIES PRIVILEGES AND ADVANTAGES TO THE PUBLIC. IN WITNESS WHEREOF, the parties reto have entered into this Farm Lease an Security Agreement on the date first above written. \ Operator's Liability Insurance Co. I OPE TOR Social Security No. Ol?~ERATOR Social Security No. Operator's Insurance Agency , ~ OPERATOR Social Security No. ,\ Operator's Insurance Agency Phone # Date Signed Owner Approvod ey -~ -~~~~ Attorney's Office Rev. 10-06 Page 6 „ ~ ~ ~ t ~::. ~ W ~r ~ ~'' ~ yy i J ~~ ,. ~. .. ..~.` ~. ~'.. 2~~~ jRy' z, ~,j. ~~. `} • ~, ~ f _~ - ~,...x..~. ~ ~: --~ __ . _. f ~ ~' ~. , ~ ~ ~ °~... ' ~ ~ -- - 420TH STREET SE-INDUSTRIAL PARK LOCATION MAP _~~ t ., N } ~ ' ki 4 . r ~~*~ ~,~ .~ ., ~,J.~,,, ,~ , , Foth ~ ..~ t t ,.. EXHIBIT A All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5`" P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 Nort ,Range 5 West of the St" P.M., lying south of the right of way of the Chicago, Rock Island & P cific Railway Co., running diagonally fr m southeast to northwest through said quarter sectio ;also the following tract to-wit: Beginning t the northwest corner ofthe Northeast Quarter E'/4) of Sec. 30, Township 79 North, Ra e 5 West of the 5t" P.M., in the center of the ublic highway known as the Singleton Road, runni thence south along the present fence lin 1320 feet to a stake, thence east 1495.4 feet to a stake, th nce north 1316 feet to the center of 'ngleton Road running along the north line of said quarter se tion, thence west along the cente of said Singleton Road 1500 feet to the place of beginning, th last piece containing 45.32 res, Johnson County, Iowa. Except: Commencing at the southea t corner of Section 19,i`Township 79 North, Range 5 West of the 5`" P.M., thence North 02°40' st along the east line of said section 544.15 feet, thence north 64°53' west along the southerly li e of the right o~'way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, th nce south 8 5.20 feet to the south line of said Section 19, thence east 647.32 feet along the sectio line to e point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Recor of hnson County, Iowa. And Except: A portion of the Southeast West of the 5`" P.M., more particularly d Commencing as a point of reference at Range 5 West ofthe 5`" P.M., Johnson along the South line of the Southeast art f Section 19, Township 79 North, Range 5 r' ed a follows: Southeast corner of Section 19, Township 79 North, 1ty, Iowa; th nce North 89°48' West 647.32 feet ,r of said Secti n 19 to point of beginning of tract herein described (this is an assumed Baring for purposes o his description only); thence North 833.60 feet along the West propert line of the Iowa Valley 'lling Company to point of intersection with the Southerly ri t ofway line ofthe Chicago, ock Island, and Pacific Railroad Company; thence No 64°49' West 370.18 feet along t Southerly right ofway line of the Chicago, Rock Island acific Railroad Company to a point; hence South 989.95 feet to a point of intersection with t South line of the Southeast Quarter (S ) of said Section 19; thence South 89°48' East 3 5.00 feet along the South line of the Southea Quarter of said Section 19 to point of be 'ping; and containing 7.0 acres more or less. And Except: Johnson County Auditor's Parcels 2008096 and 2008097 legally described as follows: The West 0 feet of the Southeast Quarter of Section 19, Township 79 Nort Range 5 West of the 5`" P.M., Johnson County, Iowa, lying North of the Iowa Interstate ailroad Company right-of--way and being more particularly described as follows: Commencing at a point of reference at the Southwest corna'r of said Southeast Quarter; thence North 0'00'45" West 1803.51 feet along the West line of said southeast Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of--way line of said :Iowa Interstate Railroad ompany; thence continuing North 0'00'45" West 13,X.10 feet along said West li to a point of intersection with the Northerly right-of--way line of said Iowa Inte tate Railroad Company and the point of beginning; thence continuing North 0'00' "West 653.47 feet along said West line to the Northwest corner of said Southea Quarter; thence South 88'42'56" East 0.02 feet along the North line of said Sout ast Quarter; thence South 0'00'4 "East 693.93 feet along a line parallel wit and 80 feet in perpendicular di tance East of the West line of said Southeast Qu er to a point of intersection ith the Northerly right-of--way line of said Iowa Inter ate Railroad Company; t ence North 62'09'47" West 90.48 feet along said northe right-of--way line the point of beginning and containing 1.24 acres more or s. The West 80 feet of the Southe t Quartet of Section 19, Township 79 North, Range 5 West of the 5`'' P.M., Johnson Cou ty, I a, lying South of the Iowa Interstate Railroad Company right-of--way and being mo articularly described a follows: Beginning at the Southwest ner of said Southeast Quarter; thence North 0'00'45" West 1803.51 fe alon the West line of said Southeast Quarter (assumed bearing for this escriptio .only) to a point of intersection with the Southerly right-of--way li of said Iowa Interstate Railroad Company; thence South 62'09'47" ast 90.48 feet ald~ig said Southerly right-of-way line; thence South 0'00'45" ast 1765.30 feet al g a line parallel with and 80 feet in perpendicular distan East of the West line df said Southeast Quarter to a point of intersection wit the South line of said Southeast Quarter; thence North 87'06' 11" West .10 feet along said South line to the point of beginning and containing 3.28 cres more or less.