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HomeMy WebLinkAbout2004-04-20 Resolution 5c(6) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-108 RESOLUTION TO ISSUE CIGAREll'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Goosetown Market - 600 B N. Dodge Street Passed and approved this 20th day of Apri 1 ,20 04 Approved by ClTY"'C-LERK ~i~ Attorney's O~fice ' It was moved by Champion and seconded by Ell iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 04-109 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2004 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, at 7:00 p.m., May 18, 2004, 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 FY2004 Operating Budget. The City Clerk is hereby directed to give notice of 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 £0th day of Ape"ii ,2004. Approved by ATTEST:--~,~Z-L~.~' .~ /~..t.',.-''/ ~/'~"~- ~ '/'//--/'-OF CITY'CLERK City Attorney's Office It was moved by Champion and seconded by E]] 'iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Se Prepared b~ley, Finance Dire~or, 410 E. Washington St., Iowa City, IA 52240, x,x~SOLUTION NO.___ RESOLU~N SETTING PUBLIC HEARING ON AMENDING T~E FY2004 OPERATING BUDGET. BE IT RESOLVED BY THE CITY couN~cLL' OF IOWA CITY, IOWA, tha ~ublic hearing will be held in Harvat Hall, City Hall, at 7:00 p.m., M~4, 2004, or if said meetir cancelled, at the next meeting of the City Council thereafter as pos~d~ by the City any citizen to be heard for or against the proposed amendment to th~e~,~FY2004 O The City Clerk is hereby directed to give notice of pub~ and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of~! circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days time set for such hearing. Passed and approved this day of , ,2004. MAYO R '~ Approved by CITY CLERK City Attorney's Office ' It was moved and seconded by the Resolution be adopted, and NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 04-110 RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 PCC PAVEMENT REHABILITATION PROJECT - DODGE STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 4th day of May, 2004, at 7:00 p.m. in Emma Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on fife by the City Engineer in the off~ce of the City Clerk for public inspection. Passed and approved this 20th day of Apr11 2004. Approved by CIT'C~LERK Cit~ ,~,ttorney's Office It was moved by Champion and seconded by E]'I i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pwe n g/res,'s2004pavem e nt o\p roi .doc Z/04 Prepared by: Eleanor Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-].].1 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF AMES FOR HUMAN RIGHTS INVESTIGATIVE SERVICES WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal Code prohibit certain discriminatory practices and set forth procedures to enforce the anti- discrimination provisions; and WHEREAS, the City of Ames ("Ames") and the City of Iowa City ("Iowa City") prohibit discrimination based on sexual orientation and the State of Iowa does not provide similar protection; and WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate, and enforce the other community's anti-discrimination ordinance when a conflict of interest prohibits the investigation of a complaint and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human Relations Ordinance; and WHEREAS, when a conflict of interest exists it is in the best interest of the parties to share investigative and enforcement services whenever possible, for the mutual benefit of citizens in Iowa City and Ames; and WHEREAS, Chapter 28E.12 Code of Iowa permits local public agencies to contract with one or more public agencies to perform any governmental service the agencies entedng into the contract are authorized by law to perform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and the City Clerk are hereby authorized to execute in triplicate the attached Chapter 28E Agreement with the City of Ames, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward all three original executed resolutions and agreements to the offices of the City of Ames, for approval and execution by the City of Ames, recording with the Office of the Story County Recorder, filing with the Iowa Secretary of State, and returning of one fully executed copy to the City Clerk of Iowa city for recording with the Johnson County Recorder, with each City paying the cost of recording with its county recorder and filing costs with the Secretary of State to be shared by the two dries. Passed and approved this 20th day of .~_~ri.~~..~...,~,. 1 _ ,20 04 · CI~ERK City Attomey's Office Resolution No. 04-111 Page 2 It was moved by Champi on and seconded by E]] i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef ~ Wilbum DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: John R. Klaus, Cit~ of Ames Lc[al Department, 515 Clark Avenue, Ames, Iowa 50010 (Phone: 515-239-51467 CHAPTER 28E AGREEMENT FOR HUMAN RIGHTS INVESTIGATIVE SERVICES BETWEEN THE CITY OF IOWA CITY AND THE CITY OF AMES This Agreement is made and entered into by and between the City of Iowa City, Iowa ("Iowa City"), and the City o fAmes, Iowa ("Ames"), both municipal corporations, sometimes collectively referred to as "Parties". WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal Code prohibit certain discriminatory practices and set forth procedures to enforce the anti- discrimination provisions; and WHEREAS, the City of Ames and the City of Iowa City prohibit discrimination based on sexual orientation and the State of Iowa does not provide similar protection; and WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate, and enforce the other community's anti-discrimination ordinance when a conflict of interest prohibits the investigation of a complaint and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human Relations Ordinance; WHEREAS, when a conflict of interest exists, it is in the best interests of the Parties to share investigative and enforcement services whenever possible, for the mutual benefit of citizens in Iowa City and Ames. WHEREAS, Chapter 28E.12 Code of Iowa permits local public agencies to contract with one or more public agencies to perform any governmental service the agencies entering into the contract are authorized by law to perform; NOW, THEREFORE, in consideration of their mutual promises herein, the City of Ames and the City of Iowa City agree as follows: 1. The City of Iowa City and the City of Ames acknowledge that the Municipal Codes of each City, respectively, provide protection against discrimination based on sexual orientation, while the Iowa Civil Rights Act does not. 2. Iowa City and Ames further acknowledge that when a conflict of interest arises and City staff is unable to investigate allegations of discrimination because of that conflict, the Iowa Civil Rights Commission may not be able to investigate that complaint. 3. To provide protection to citizens of Iowa City and Ames, the Parties agree more specifically as follows: a. ' The Iowa City Human Rights staff may investigate and/or enforce Chapter 14 of the Municipal Code of Ames if a conflict of interest prevents Ames from investigating and/or enforcing its anti-discrimination ordinance and the complaint is outside the jurisdiction of the Iowa Civil Rights Commission. b. The Ames Human Relations Investigation and Conciliation Officers may investigate and/or enforce Chapter 2 of the Iowa City Municipal Code if a conflict ofintercst prevents Iowa City from investigating and/or enforcing its anti-discrimination ordinance and the complaint is outside the jurisdiction of the Iowa Civil Rights Commission. c. The Parties to the agreement shall adopt policies and procedures for reimbursement of actual and necessary expenses incurred during an investigation. i. When Ames is investigating a complaint for Iowa City, Iowa City shall pay all expenses incurred by Ames in accordance with the expense reimbursement policy of Ames. ii. When Iowa City is investigating a complaint for Ames, Ames shall pay all expenses incurred by Iowa City in accordance with the expense reimbursement policy of Iowa City. d. This Agreement shall be for a period of one (1) year effective January 15, 2004. This Agreement shall be automatically renewed for additional periods of one (1) year each, on th,e same terms and conditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to January 15 of each successive year. However, this Agreement shall not extend beyond January 15, 2009, without review and re- execution of a new agreement, together with re-recording of said updated agreement. e. This Agreement shall not be assigned. f. Notices under this Agreement shall be sent by regular mail to the City Clerk of each City at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 2 4. This Agreement shall conform to the requirements of Chapter 28E Code of Iowa. Dated this ~7~ day of <.~t.L~4~ ,2004. THE CITY OF IOWA CITY, IOWA THE CITY OF AMES, IOWA By:~ By:~~ .~ Ernest W. Lehman, Mayor ' Ted T6desco, Mayor Attest: ~arian K. Kart, City Clerk Diane R. Voss, City Clerk Approved by: Iowa City, City Attorney's Office /~es City A-t{or~y s Office' ~ r / Iowa City and Ames Human Rights Investigative Services 28E Agreement, 111003.wpd rev. 040504 3 Ci,ty Clerk's Office 515 Clark Avenue, P. O. Box 811 ~,~ Ames, IA 50010 ~t*~,~ ~e~ Phone: 515-239-5105 Fax: 515-239-5142 June 9, 2004 Mr. Chet Culver Secretary of State State Capitol Des Moines, Iowa 50312 Dear Mr. Culler: For filing, enclosed please find Resolution No. 04-236 approving the Agreement between the City of Iowa City and the City of Ames for Human Rights Investigative Services with the 28E Agreement and Iowa City Resolution No. 04-111 attached thereto. Thank you for your attention to this matter. If you have any questions, please contact me. Sincerely, Diane Voss City Clerk /dry Enclosure/Attachments -- Clerk's Office 515 Clark Avenue, P. O. Box 811 Ames, IA 50010 Phone: 515-239-5105 Fax: 515-239-5142 June 9, 2004 Susan Vande Kamp, Story County Recorder Story County Courthouse P.O. Box 55 Nevada, IA 50201 Dear Sue: Please record the following enclosed document(s) and return to the City Clerk's office: Chapter 28E Agreement for Human Rights Investigative Services between the City of Iowa City and the City of Ames Resolution No. 04-236 adopted by the City of Ames approving the 28E Agreement Resolution No. 04-111 adopted by the City of Iowa City approving the 28E Agreement If you have questions, please contact me. Thank you for your assistance. Sincerely, Diane Voss City Clerk /drv losures ~3 Enc ,: ¢ - RESOLUTION NO. 04-236 RESOLUTION APPROVING 28E AGREEMENT WITH CITY OF IOWA CITY FOR HUMAN RIGHTS INVESTIGATIVE SERVICES FOR THE CITY OF AMES WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal Code prohibit certain discriminatory practices and set forth procedures to enforce the anti-discrimination provisions; and, WHEREAS, the City of Ames ("Ames") and the City of Iowa City ("Iowa City") prohibit discrimination based on sexual orientation, however, the state of Iowa does not provide similar protection; and, WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate and enforce the other cornmtmity' s anti-discrimination ordinance when a conflict of interest prohibits the investigation of a complaint and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human Relations Ordinance; and, WHEREAS, when a conflict of interest exists, it is in the best interest of the parties to share investigative and enforcement services whenever possible for the mutual benefit of citizens in Iowa City and Ames; and, WHEREAS, Chapter 28E. 12 Code of Iowa permits local public agencies to contract with one or more public agencies to perform any governmental service the agencies entering into the contract are authorized by law to perform. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that: 1. The Mayor and the City Clerk are hereby authorized to execute in triplicate the attached Chapter 28E Agreement with the City of Iowa City and said Agreement is hereby approved as to form and content and is found to be in the best interests of the citizens of Ames, Iowa. 2. The City Clerk is hereby authorized to forward a fully executed original Resolution and Agreement to the Story County Recorder and to the Iowa Secretary of State and to forward one fully executed copy to the City Clerk of Iowa City for recording with the Johnson County Recorder. Each city shall pay the cost of recording with its County Recorder. The filing costs with the Secretary of State shall be shared by the two cities. ADOPTED THIS 8~h day of June, 2004. Diane R. Voss, City Clerk Ted Tedesco, Mayor Introduced by: Cross Seconded by: Mahayni Voting aye: Cross, Goodman, Mahayni, Vegge, Wirth Voting nay: None Absent: Goodhue Resolution declared adopted and si~ed by the Mayor this 8~ day of June, 2004. Prepared by: Steve Nasby, PCD, 410 E. Washington Street, Iowa City, IA 52240 319-356-5248 RESOLUTION NO. 04-112 RESOLUTION ADOPTING THE 2004 ECONOMIC DEVELOPMENT STRATEGY FOR THE CITY OF IOWA CITY, IOWA WHEREAS, the Iowa City City Council has determined that it would be in the public's interest to establish a strategy to guide the community's economic development activities; and WHEREAS, members of the public and community organizations have been provided the oppodunity to comment on the document entitled "2004 Economic Development Strategy"; and WHEREAS, the 2004 Economic Development Strategy is consistent with the Iowa City Comprehensive Plan; and WHEREAS, the 2004 Economic Development Strategy will be used to assist the City Council's future economic development decisions. 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 formally adopt a strategy to guide economic development decisions in the City of Iowa City. 2. The "2004 Economic Development Strategy" attached hereto and incorporated heroin in its entirety by this referonce be and is hereby adopted. Passed and approved this 20th day of April ,20 ~)4 · Ap, proved by ATTEST: ~)'~.~.~.) 2~-/~/~.t.-') .~'~.~._.~.~~ ppdadm/res/04ecodev.doc Resolution No. 04-112 Page 2 It was moved by Champi on and seconded by E11 i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn 2O04 Economic Development Strategy CITY OF I0 WA CITY April 2004 Economic Development Strategy Over the last two years the State of Iowa has drastically cut funding for cities by eliminating local government aid, reducing funding for programs, rolling back taxable values, and retaining revenues formerly shared with local governments. These actions have had a great impact on the City's ability to deliver services as many of the City's services to its citizens are financed from the General Fund. In addition, citizen expectations for our existing services are high and consequently the City is continually under pressure to expand, modernize or offer new products even as local and state budgets are shrinking. The options the City has to obtain the revenues necessary to meet these needs and desires of Iowa City residents is limited by State law regarding taxation. The primary revenue source that is available to cities is property taxes. Even if a City Council was willing to raise property taxes, for all practical purposes this is not possible due to State regulated property tax levy limits. Because of the structure of the Iowa property tax system, commercial and industrial development is the most fiscally advantageous development for local governments. This document proposes a policy for sustaining the actions the City has started and instituting a more aggressive, targeted and proactive role on the part of the City government to encourage and facilitate commercial and industrial development in Iowa City. To build upon the successes of the last few years, and to continue development within the commercial and industrial sectors, it is important to strengthen and enhance the Economic Development Strategies put forth in 1999 and enable growth for the future. Prioritizing economic development within City government is not a suggestion to pursue "expansion at any cost" policies but to approach commercial and industrial growth in a managed way. This document addresses economic development opportunities from the perspective of three of the most common strategies of economic development: business retention & expansion, business attraction, and entrepreneurship (others opportunities being: tourism/conventions, downtown development, and workforce development). Focusing on business retention & expansion, business attraction, and entrepreneurship will provide Iowa City with the highest degree of success and return on investment. Prior to developing an action plan for these specific areas, we need to evaluate progress made on three issues that impact the success of our economic development efforts. These issues are the relationship between ICAD's economic development activities and the City's economic development goals; perceptions of the City's business-friendly attitude; and the resources directed toward economic development activities. Iowa City Area Development Group. The City's partnership with ICAD has been greatly enhanced since 1999. ICAD is doing an excellent job of promoting the greater Johnson County area. Since ICAD serves more than one community in Johnson County, ICAD cannot promote one specific area over another. When a prospect considers sites in more than one Johnson County community, ICAD does not advocate only for Iowa City. Over the last few years a different relationship with ICAD has emerged in which information is shared and joint activities are commonplace. Depending on the circumstance, either City staff or ICAD can assume the role as the lead economic development agency when working with a business expansion or a new prospect. Working with prospective new businesses and expanding existing businesses currently reflects the City's more active role. A Business Friendly Community. A continued perception exists locally that Iowa City could be more business friendly. This perception is disputed by a number of nationally recognized sources which have repeatedly named Iowa City as one of the best small cities in America to do business. This is evidenced by the 2003 Milken Institute Study that ranked Iowa City the #1 Small Metropolitan Area in the United States for Business and Career Growth. In July ;)003, Expansion Magazine ranked Iowa City as the 11th best metropolitan area in the nation for companies looking to expand. It is clear that we should focus on marketing Iowa City and promote our successes to reverse the perception that Iowa City is not a "business friendly community". Quality of life is an important factor for locating or expanding businesses and Iowa City's reputation for being a leader in this area is beneficial. For Iowa City to keep its high quality of life and remain competitive as a community people choose to live in, we must be constantly reminded of the need to grow the commercial and industrial sectors to expand the tax base in order to be able to afford the amenities and services our residents desire and provide jobs. Expanding the commercial and industrial tax base does not mean the community will lose its unique character as long as the new development occurs in a way that is consistent with and respectful of existing development and meets the goals of the community as expressed in the Comprehensive Plan. By undertaking and promoting the planning process we are continually keeping community quality and economic development issues before us as important issues. According to the Iowa City Business Survey that was completed in 2001, municipal regulations and their implementation by city staff needed to become more sensitive to facilitating and regulating new development in the community. Some of this will be done with the adoption of the new development code in 2004. We must continually review how we approach development in the community to balance the goals of a quality community and industrial and commercial development. The City Council and the Economic Development Committee have worked to set the tone for a new approach to encouraging development. This has been successful and a number of new projects have been approved. Resources Available for Economic Development, The City of Iowa City has a number of tools available to assist economic development efforts. These tools include Tax Increment Financing (TIF), Tax Exemptions or Tax Abatement, CDBG Funding, bonds or other city funding resources. Marketing and using these tools to assist business growth is key to furthering the City's economic development efforts. As such, an expanded proactive and more aggressive economic development program will require additional resources to implement an expanded program. Actions for a Stronger Economic Development Role for the City The following lists actions we can reasonably take in selected, key areas of economic development to implement a more aggressive approach to economic development and to build the City's future tax base: Retention & Expansion · ICAD will conduct business retention surveys and gather information about existing businesses. Iowa City staff will work with ICAD to evaluate the satisfaction with governmental and area support services, explore company growth plans, and offer assistance where appropriate. · Complete and implement the new City Development Code. · As needed, consider changes to the City's regulatory process. · Propose redevelopment plans and/or invest in public spaces in areas of the community, such as South Riverside Drive, Towncrest, South Gilbert Street, North Dodge Street and the Muscatine\First Avenue commercial areas. · If approved, support the SSMID and encourage identification of potential market niches in the downtown. · Refine a comprehensive package of tax incentives and/or a revolving loan fund for Iow-interest loans for economic development projects. · Continue to utilize tax or other incentives to increase the tax base through new construction of facilities and/or additions to existing improvements. · Promote quarterly business breakfasts, hosted by the City or with other partners. Business Attraction · Prepare materials that specifically market and promote Iowa City as a prace to do business and live. · Continue to participate with economic development partners (e.g. ICAD, Chamber of Commerce, MidAmerican and University of Iowa) to post site information on commercial and industrial spaces in Iowa City. · Upgrade the City's ability to provide site and other information electronically to prospective companies. · Proactively work with realtors to make them aware of Iowa City's positive economic climate. · Increase Public Relations to promote Iowa City through mailings, press releases, web and other avenues. Promote Economic Development success stories and activities. · Continue to utilize tax or other incentives to increase the tax base through new construction of facilities and/or additions to existing improvements. · Support educational and outreach efforts to youth so they will remain in the area. Market job opportunities to post-secondary students, GenXers and others. · Build and enhance the City's relationship with commercial and industrial developers and property owners in order to improve opportunities for development projects within Iowa City. Work pro-actively with landowners and developers to solicit and plan for commercial\industrial\office growth. · Plan, zone and/or annex land for future industrial park land in southeast Iowa City and near other major transportation corridors (e.g. 1-80, Hwy 218, Hwy 6 and Hwy 1 ). · Work with the IDED, IDOT and the railroad(s) to extend rail spurs within existing or new industrial areas. · Encourage expansion of office and/or office research park space through zoning and/or annexation in NE Iowa City. · Market the availability of new commercial\industrial properties along the Mormon Trek extension and the Aviation Commerce Park. · Construct an industrial speculative building independently or with a private sector partner. · Take an increasingly active role in marketing and promoting Iowa City through cooperative efforts with ICAD, Chamber of Commerce, CVB, IDED, and MidAmerican Energy and other regional economic development interests. · Proactively pursue federal and state funding for economic development projects and infrastructure. · Evaluate the need and, if necessary, plan for new commercial cores in the community in coordination with the district planning process. Entrepreneurship · Continue financial assistance programs for start-up businesses or small business expansion by using CDBG funds. · Help develop a privately funded Iow-interest loan program for targeted businesses. · Periodically re-evaluate the incubator concept, and when appropriate, pursue development. · Discuss with the University of Iowa the possibilities of developing a commercial\industrial\research park based on the "Oakdale" model. · Work with the Small Business Development Center, Institute for Social and Economic Development and the Pappajohn Center to facilitate the creation of new businesses. · Develop relationships with the University of Iowa Office of Research to collaborate on activities related to technology transfer and commercialization. · Partner with ICAD regarding relationships with businesses at Oakdale and the University's Technology Innovation Center (TIC) and determine spin-off business opportunities in Iowa City. Future Economic Development Work Program City of Iowa City Economic Development Division Retention & Expansion Work with ICAD to evaluate and coordinate information collected through their annual business retention survey. Continue to evaluate satisfaction with governmental and area services, explore company growth plans, and offer assistance where appropriate. · Partner with ICAD on their business retention surveys and interviews. Summarize findings and act to address outstanding issues. · Follow-up on issues of concern to Iowa City businesses. · Maintain outreach to businesses through one-on-one site visits by the Council Economic Development Committee and staff. · Periodically, conduct a business retention survey process ($2,500-$3,000). Implement the City's New Uniform Development Code · Maintain an on-going evaluation and consideration of changes to the City regulatory process dealing with commercial and industrial projects. · Reduce "red tape" and streamline processes. Develop area redevelopment plans and/or invest in public spaces in areas of the community, such as South Gilbert Street, North Dodge Street, S. Riverside Drive, Muscatine~First Avenue and the Towncrest areas. · Conduct meetings with property owners and tenants in these areas to determine the level of redevelopment and/or investment in public spaces. · Review current zoning and land use patterns. Rezone property if needed. · Consult with public works staff to prepare public improvement design plans or redevelopment concepts and plan for such projects within the Capital Improvements Plan. · As needed, construct physical public improvements\infrastructure. · Consider applying for Vision Iowa, Community Attraction & Tourism and/or other funds from the State of Iowa. Support a retail and office market analysis to identify potential retail and office market niches in defined commercial areas. · If approved, support the CB-10 SSMID and encourage the identification of potential market niches in the downtown. · Work with the Chamber of Commeme, business and property owners in retail/office areas to convey information from market study and develop strategy to act on results. Establish a comprehensive package of tax incentives and/or a revolving loan fund for Iow interest loans for economic development projects. · Continue to utilize tax or other incentives to increase the tax base through construction of new facilities and/or additions to existing improvements. · Encourage the use of existing tax exemption areas downtown to assist owners with renovations or redevelopment that will increase the tax base. · Pursue the development of a fa~;ade renovation Iow-interest loan program for buildings in targeted areas and support the use of State and Federal resource that may be available including Historic and Rehabilitation Tax Credits. Business Attraction Prepare materials that specifically market and promote Iowa City as a place to do business and live. · Meet periodically with ICAD/CVB/Chamber of Commerce to review materials already available to determine what supplemental materials are required. · Prepare supplemental marketing materials specifically promoting Iowa City and why it is a good place to do business. ($2,000-3,500) · Update and link the City's web site to provide additional information, and promotional items to highlight the City's economic development activities. Enhance the City's relationship with commercial and industrial developers and property owners in order to improve opportunities for development projects within Iowa City. · Develop contacts with area commercial/industrial developers and property owners. · Host a workshop for area commerciar/industrial developers and property owners (modeled after the District Planning process) to engage them in proactive planning for commercial and industrial areas. Plan for new future industrial parks adjacent to major transportation corridors and the expansion of the Scott-Six industrial park in southeast Iowa City. · Identify potential industrial sites, contact property owners and begin preliminary discussions. · Consider acquiring land for future city-owned or public-private partnership in an industrial park. · Identify development costs and resources for new or expanded infrastructure capacities in industrial areas. · Work with property owners, the railroad and state agencies to extend rail spurs in iowa City. Construct a speculative industrial building. · Identify a location for speculative building. · Prepare a proposal for a city/private sector partnership or partnership with the University of Iowa. · Construct a specuJative building of 20,000 square feet or larger. ($1.5-$1.75 million) Develop a p/an for new or expanded future office and research park land in northeast iowa City. · Utilize existing transportation infrastructure (I-80, Highway 1, Scott Blvd and First Avenue) to identify potential sites begin discussions with property owners. · Identify development costs of needed infrastructure for new office\research areas. · Explore the possibilities of extending fiber optic, wireless or other communication enhancements to facilitate the location and expansion of information based companies. Continue an active role in marketing and promoting Iowa City through cooperative efforts with ICAD, IDED, the University of Iowa and MidAmerican Energy. · City staff to participate with ICAD, the State of Iowa and others in the development of prospect proposals and prospect site visits. · Plan and host regular meetings with UI officials (e.g. Business College, Medical School, Pharmacy, Research and Technology). · Use MidAmerican programs and incentives to enhance Iowa City's marketing and other economic development efforts. · In conjunction with ICAD, include Council Economic Development Committee members to visits with major employers in the community as requested. Participate in "Sell Iowa" trips with the Iowa Department of Economic Development ($2,000- $3,000). Evaluate the need and plan for, if necessary, new commercial cores in the community. · As part of the retail\office market analysis, comprehensive planning and/or district planning processes, identify need for future commercial cores. · Development of redeveloped or expanded commercial cores at Towncrest and North Dodge Street. · If necessary, rezone property for future commercial cores. Entrepreneurship Encourage the development of a Business Information Center through exploring the creation of a one-stop business development facility. · Encourage co-locating a Business Information Center with the Small Business Development Center, Institute for Social and Economic Development, SCORE, and other business development groups · Preferably locate in a high-visibility street level location. Develop a financial assistance program for start-up businesses using CDBG funds and develop a Iow-interest loan program for targeted businesses. · Continue and promote the CDBG Economic Development Fund. · With assistance from the Small Development Business Center and the Institute for Social and Economic Development, work with area banks to create a privately funded Iow interest loan program to promote the creation and expansion of small businesses. Periodically re-evaluate the incubator concept, and when appropriate, pursue the development of one in Iowa City. · Upon direction from the Council Economic Develol~ment Committee, explore the incubator concept. · Work with the University of Iowa to develop a high tech inventor incubator on campus. · Per[orm a feasibility study outlining the framework for establishing an incubator, if the decision is to proceed. Develop a relationship with the businesses at the TIC Center and directors at the National Advanced Driving Simulator to determine spin-off business opportunities in Iowa City. · Periodically contact the TIC Director to discuss Iowa City's role in working with the TIC Center businesses. Hold individual meetings with TIC businesses as needed. · Prepare marketing materials specifically targeted towards TIC businesses and NAbS spin-off businesses. This work program outlines numerous activities and projects that may be undertaken. However, if the City budget mandates the continuation of a .5 FTE Economic Development Coordinator, the tasks will have to be prioritized by the Council Economic Development Committee and City Manager. Please note that on-going reporting and other efforts related to past economic development activities (e.g. TIF projects) must also be maintained. The work plan also assumes contracting for specialized work such as drafting redevelopment plans, market analyses, design work for capital projects, and development of marketing materials\web enhancements. City Council Economic Development Policy Committee To implement an active economic development strategy and create a high profile policy, the City Council Economic Development Committee was established. We believe the economic development activities and policy to be very important to our economic future. Please note that in order to implement the economic development strategies effectively we will need to be flexible, able to reach a decision in an abbreviated timeframe, and be creative with our resources. In addition, we will be looking at ways to target federal and state funds for these efforts. This approach will likely involve greater interaction for staff and/or Council with federal\state agencies and our federal\state legislators. April, 2004 MINUTES ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, MARCH 30, 2004 - 1:00 P.M. CITY MANAGER'S CONFERENCE ROOM Members Presents: Ernie Lehman, Bob Elliott, Regina Bailey Members Absent: None Council Members Present: None Staff Present: Steve Atkins, Kadn Franklin, Steve Nasby Others Present: Irvin Pfab, Dan Black CALL TO ORDER Chair Ernie Lehman called the meeting to order at 1:00 P.M. CONSIDERATION OF THE JANUARY 26, 2004, MINUTES MOTION: Bailey moved to approve the minutes as submitted. Elliott seconded the motion. The motion passed on a vote of 3-0. DISCUSSION AND RECOMMENDATION - REQUEST FOR TAX EXEMPTION - 119 IOWA AVENUE Nasby opened the discussion by giving some brief history on the Central Business District Urban Revitalization Plan and outlining the eligibility criteria for the property tax exemption. He noted that in February of 2001, the Council approved a property tax exemption for the property located at 210-212 Clinton Street - the Whiteway Building, and in May of 2003, a tax exemption was approved for the Zephyr Copies building, located at 124 E. Washington Street. According to the eligibility criteria for the proposed project, qualified real estate includes real estate assessed as commercial property. The proposed project is a commercial property, so the whole structure would qualify. Secondly, eligible projects include rehabs, additions, and new construction. The proposed project is for the construction of a new 1,500 sq. foot building to replace the 1,050 sq. ft. building that was destroyed by a fire in August of 2003. The third requirement centers around the exterior design of the building, and its review by the staff design review committee and approval by the City Council. This will be done soon, with a recommendation and a resolution being forwarded to the City Council possibily for their consideration at their May 4, 2004, Council meeting. And last, the improvements must increase the actual value of the property by at least 15 percent, and in this instance, the proposed project would increase the value on the property. Dan Black, Iowa State Bank and Trust Company, was present to represent the Bremer Trust that owns the property. Black answered questions for the Committee members, stating that given the location of the property, a bar/restaurant would be the most likely tenant for this proposed building. Lehman stated that he was not comfortable at this time granting this exemption, as there are too many unknowns at present, i.e., type of business, number of employees, pay level, etc. Elliott and Bailey agreed that they would like further information before any decisions are handed down. Black said he would contact the Committee once he had further information about this request. The Committee did state that if the project were going to be a bar, they would most likely not approve the request due to the large number of bars in the area, and the animosity it could bring. MOTION: Elliott moved to table this request for tax exemption at 119 Iowa Avenue. Bailey seconded the motion. The motion passed on a vote of 3-0. REVIEW AND DISCUSSION OF 2004 ECONOMIC DEVELOPMENT STRATEGY In November 2003 the Council Economic Development Committee reviewed the 1999 Economic Development Strategy and recommended numerous revisions. Nasby asked the Committee to review the suggestions and revisions made. Discussion centered on the Comprehensive Development Code, and the changes that have made things simpler in this area. Various projects that have already been completed were discussed, and the many compromises that have been made. Some specific building projects were specifically addressed, and the discussion turned to how the City has always worked with the developers to get the projects completed. Economic Development Committee Minutes March 30, 2004 Page 2 Discussion then turned to the visiting of local companies, and Chair Lehman explained some of their past visits. The topics of publicity and perception were also discussed at length, with City Manager Atkins joining in, stating staff would start setting up visits again for the new members. Atkins then discussed the topic of the City building a "spec" building to generate some new business. The members consulted the City map to look at various areas, and discussion turned towards having a private contractor do the actual building, and the City being the "landlord". Atkins said he would have his staff work up something on this, and he would get back to the Committee on their findings. Nasby then asked the Committee to set a date for the next meeting. It was decided that meetings would be the third Wednesday of each month, with the next meeting set for April 21, at 9:00 am. ADJOURNMENT Chairperson Lehman adjourned the meeting at 2:12 P.M. data on c~tyntlpcd/rninutes/ecodev/2OO4/edc 03-30-04.d0c MEMORANDUM DATE: April 13, 2004 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinator RE: 2004 Economic Development Strategy Tn late 1999, the City Council adopted an Economic Development Strategy and work plan. Over the last four years, many of the items identified within the strategy and work plan have been accomplished. Tn November 2003 the Council Economic Development Committee began working on an update to the 1999 document. At their March 2004 meeting the Council Economic Development Committee reviewed the attached document entitled 2004 Economic Development Strategy. The 2004 Economic Development Strategy essentially builds upon the successes the City of Towa City and its partners have achieved to build the commercial and industrial tax base of the community. Activities are concentrated in three focus areas (Business Retention & Expansion, Business Attraction and Entrepreneurship). The strategy also envisions several new initiatives. The following is a listing of some of the highlights of the 2004 Economic Development Strategy. · Acknowledges enhancements in Towa City's working relationships with economic development partners. · Recognition of Iowa City's high national rankings by the Milken Tnstitute, Expansion Magazine and others as a place to do business and our need to promote these successes. · Proactively and aggressively, respond to economic development opportunities. · Constructing a speculative building for warehouse\distribution facility in the Aviation Commerce Park. · Upgrade the City's marketing efforts, its web presence and expanding the availability of e-documents. · Plan, zone and annex land for future industrial park land and office park land. · Propose redevelopment plans and continued investment in public spaces. · Pursue federal and state funding for infrastructure improvements. · Continue outreach efforts by making visits to Iowa City employers and conducting quarterly breakfasts with businesses. if you have any questions please call me at 356-5248. Cc: City Manager Karin Franklin, Director of Planning and Community Development Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 04-113 RESOLUTION ACCEPTING THE WORK FOR THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Recreation and Civic Center HVAC and Plumbing Replacement Project, as included in a contract between the City of Iowa City and Ace Refrigeration of Cedar Rapids, Iowa, dated November 27, 2001, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $500,934.96. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of April ,20 04 Approved by CITY'"CLERK City Attorney's Office It was moved by Champ'inq and seconded by E11~ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pwengkes/r ecCC- HVAC.dCC Prepared by: Ron Gaines, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 04-].].4 RESOLUTION ACCEPTING THE WORK FOR THE 2003 ASPHALT RESURFAClNG PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2003 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and Cedar Valley Asphalt of Cedar Rapids, Iowa, dated June 10, 2003, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $322,801.59. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of Apr`i ] ,20 04 Approved by CITY ~LERK C'i~'/~t{or'ne'y's ~ffice ' It was moved by Champ'ion and seconded by E11 `iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Eiliott X Lehman ~ O'Donnell X Vanderhoef X Wilburn Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-].15 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 COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT LOT 20 LONGFELLOW MANOR, IOWA CITY, IOWA, WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $177,500, executed by the owner of the property on March 14, 2003, and recorded on March 19, 2003, in Book 3502, Page 174 through Page 191 in the Johnson County Recorder's Office covering the following described real estate: Lot 20, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company is offering a construction loan in the amount of $217,329 to the owner of Lot 20 Longfellow Manor and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company 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 Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 20th day of Apri 1 ,20. 04 CI'F~LERK City Attorney's Office ppdrehab/res/Iot201ong fellow-subord doc Resolution No. 04-115 Page 2 It was moved by Champion and seconded by Ell i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Iowa City, Iowa, heroin the Financial Institution. WHEREAS, the City is the owner and holder of certain Mort(~a~e which at this time is in the amount of $177,500, and was executed by Greater Iowa City Housin,q Fellowship (GICHF) (herein the Owner), dated March 14, 2003, recorded March 18, 2003, in Book 3502, Page 174 through Page 191, Johnson County Recorder's Office, covering the following described roal properly: Lot 20, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $217,329 on a promissory note to be executed by the Financial Institution and the Owner, securing a modgage covering the roal properly described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortc~a~e 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 agroe as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortqa~le held by the City is and shall continue to be subject and subordinate to the lien of the modgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundrod and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination heroin. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortclaqe 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. Datedthis [gt~ dayof ~¢.~ ,20(~ . CITY OF IOWA CITY FINANCIAL INSTITUTION Attest: City 'Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~D:'~ day of ,~ PP,~L_ __, 20 oZ~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared P-~/vF_~-- ~. LE,~'.4A/d and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o 4r~ ~ ~ .~ passed (the Resolution adopted) by the City Council, under Roll Call No .... of the City Council on the ,~0~ dayof ~pp.~ ,200~ ,and that El~.~P__~-~ LO. LF---.q~A~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i .1 80NDRAE FORT Numb 159791i I'~.JI My Com~ssion Expires I -~c[7oJ- ~ I '-r~r-i --~ ?~ ~ I Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /Z¢~"/ day of /'~p~/ , 200L-/ , before me, the undersigned, .a No!~ry Public in and for the State of iowa, personally appeared ~'~;~Q~! } LO~il l(~ ~,~/~'oJ~ to, me personally kn.own, ,who being by me duly sworn, did say that 'd~.~ is thet~a~;~l~ d'r~ ~¢(.4 ¥.~ of /~'1/~ /~,.t//__.. , that said instrument was signed on behalf of said corporation by a~thority of its Board of Directors; and that said -~ ~;¢ % acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. cAROL' S. FRt'TZ lt corr,, roe. Notary Public in and for the Statl~l of iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-].].6 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U S BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 109 SOUTH JOHNSON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and Promissory Notes in the total amount of $6,311, executed by the owner of the property on July 23, 1993, and recorded on August 9, 1993, in Book 1596, Page 288 through Page 290, and in Book 1596, Page 291 through Page 295; and on October 4, 1994, recorded on November 16, 1994, in Book 1837, Page 167 through Page 173, in the Johnson County Recorder's Office covering the following described real estate: The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa, as shown by the recorded plat thereof. WHEREAS, US Bank is refinancing a loan in the amount of $85,000 to the owner of 109 South Johnson Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages and Promissory Notes held by the City be subordinated to the loan of U S Bank secured by the mortgage; and WHEREAS, US Bank has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with US Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and US Bank, Iowa City, Iowa. Passed and approved this 20th day of April ,20 04 Approved by CI'Pr~CLERK City Attorney's Office ppdrehab/res/109sjohnson-subord.doc Resolution No, 04-116 Page 2 It was moved by Chamoi on and seconded by E11 i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and U S Bank of Iowa City, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages & Promissory Notes which at this time is in the amount of $6,311, and where executed by Pamela S. Michaud (herein the Owner), dated July 23, 1993, recorded Au.qust 9, 1993, in Book 1596, Page 288 through Page 290, and dated July 23, 1993, recorded Au.qust 9, 1993, in Book 1596, Page 291 through Page 295, and dated October 4, 1994, recorded November 18, 1994, in Book 1837, Page 167 through Page 173, Johnson County Recorder's Office, covering the following described real property: The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa, as shown by the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $85,000 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 Mortqaqes and Promissory Notes 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: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted MortRaqes and Promissory Notes held by the City are 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 Mortqaqes and Promissory Notes of the City. 04/07/04 10:13 *~319 3549705 RELIANCE TITLE ~004/005 SENT BY: CITY 0F IA CITY POD; 4- 5- 4 10:15AM; 3193565027 => Fax; #3/4 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respeclive heirs, legal representatives successors, and assigns of the parties hereto. Dated this ~h day ct' AP~ L._ ,20 O ~ . CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Attest: G,[TY'S ACKNOW_L~DGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this o~?~' day of ~q*% ,20 0~1- before me, the undersigned, a Notary Public in and for the Slate of Iowa, p~rs'~l'~lly appeared .~z.,4.65~ k). ~A,~ and Marian K. Kart, to me personally known, and, who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively, of the City el' Iowa City, Iowa: that the seal affixed to the foregoinf=l instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behaff of the corporation, by authority of its City Council, as contained In (Ordinance) (Resolution) No. off--U G ...... passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the ._,¢o ¢-k day of ,~P~l z-- 20.~_zL._, and that E-rz~-r...L¢_. L.E.J.t/v~.,~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary acl a~;~'"~ed and the voluntary act and deed of the corporation, by it voluntarily executed. so.o E O.T t ~'al~ ~lCommisslon Number 159791 ~ I'"~"1 My Commission E~pires ! ~GT~cLr~,.~ I "~'~l~l 3, - '7~ t~{, I Notary Public in and for the State of Iowa 04/07/04 10:14 ~'~319 3549705 RELIANCE TITLE ~005/005 CENT BY: CITY OF IA CITY PCB; 4- 5- 4 IO:ISAM; 31G3565027 => Fax; #4/4 SLATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of r-t~-~ ~ ~ 20 0 [ before m~, the undersigr~_d,~-Nutary Public--in a~"" 'for the State -of I(~)~,-'-'-~rsonally appeared -'~)r. ba~c~3_-~.~;.A~o~ ~u~_, to me personally kno~, who being by me duly sworn, did say that he/she is the _.~ V,~" ~d.~.~ .. of (~S ~n~ ~. ~. , that sa~ inst~ment was signed on behalf of said ~rporation by authod[y of its Board of Dimctom; and that said ~_....~( ~r~ ~ ...... acknowledged the execu~on of said ins~ment to ~ O~e volunta~ act and deed o, sa,d co.ration, by It and by ~/~ ~ ' hi~er volun~ffly ex. uteri. Nota~ Public I~a~ t~Sta [ Iowa Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 04-117 RESOLUTION ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY LAPTOP AND PRINTER; ESTABLISHING PROCEDURE FOR E-MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY COUNCIL PACKETS; AND ESTABLISHING A STIPEND FOR SUPPLIES AND DEDICATED PHONE LINE FOR INTERNET ACCESS OR HIGH SPEED INTERNET SERVICE. WHEREAS, the City Council of Iowa City wishes to establish a policy for use of City laptop and printer to provide that current members of Council may request a laptop and/or printer for access to weekly council packets via Internet and/or use of City e-mail address; and WHEREAS, the City Council of Iowa City wishes to offer weekly Council packets via Internet or hard copy, replacing the current distribution by CD; and WHEREAS, the City Council of Iowa City wishes to establish a stipend for supplies and dedicated phone costs associated with accessing electronic packets and/or e-mail via the City address. NOW, THEREFORE, the attached policy is established for Electronic Access to City Information and E-Mail policy. Passed and approved this ?l'lth day of Ape'11 ,20 04 Apj~pved by ciTY'~LERK ' City Attorney's Office It was moved by Champion and seconded by E11 ~ ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn derk/res/council-epolicy doc COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION AND E-MAIL April 2004 1. Council Members accessing the weekly Council packet may request hard copy weekly packet and/or access the weekly packet via the Internet. 2. Council Members may request a City-owned laptop computer to use for accessing the weekly packet or other City business. If a Council Member chooses a hard copy packet and does not utilize City e-mail no computer or printer will be provided. The City will provide and service only City equipment. 3. Council Members may also choose to use personal home computer for accessing their weekly packet via the Internet. Council Members using their personal computers for e-mail communications should utilize the City e-mail address provided to conduct City business. 4. Upon request Council Members maintaining a City e-mail address will be provided a monthly stipend to cover the cost of a dedicated phone line to Council residence for Internet access, and supplies (printer supplies, paper, etc.) for their personal printer. City ITS staff will not service personal home computers or printers. Internet service (whether on dedicated phone line, Cable Modem, or DSL) is an agreement between the Council Member and service provider. Contracting for installation and monthly recurring charges for Internet service is the responsibility of the Council Member. 5. Council Members should confine their City related business to the City e-mail address and NOT a personal e-mail address. 6. The City will distribute individual City Council Member e-mail address for those receiving City stipends, and a larger amount of e-mails may be received. 7. Council Members should advise constituents communicating via e-mail that the correspondence could be public information. 8. The City will distribute e-mail correspondence addressed to "Council" in the next Council packet. Staff will not receive any copies of e-mails sent to individual Council Members unless "Council" was indicated by the sender or later by a Council Member. 9. A monthly stipend of $60 dollars ($50 for a dedicated phone line to their residence and $10 for supplies) will be paid to each Council Member using either City e-mail or accessing the weekly packet via the Internet. 10. If a personal e-mail address is used for City business e-mails regarding City matters may be subject to open records requests. For those e-mails a Council Member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. clerk/res/council-e policy doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04~O0001) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA. WHEREAS, the owners, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City Clerk the final plat of J JR Davis Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, the Fifth Principal Meridian; Thence S89°55'42"W, along the North Line of the Southeast Quarter of said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence Southeasterly, 24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28 foot chord bears S17°53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius curve, concave Northeasterly, whose 1528.74 foot chord bears S40°45'03"E; Thence S00°08'54"W, 43.34 feet; Thence S89"'58'36"W, 1360.64 feet, to a Point on the Easterly Right- of-Way Line of Primary Road No.518; Thence NllO39'22"W, along said Right-of-Way Line 367.90 feet; Thence N41°27'40"W, along said Right-of-Way Line, 157.58 feet; Thence N11"27'40"W, along said Line, 556.10 feet, to its intersection with the Southerly Right-of-Way Line of Iowa Highway Number 1; Thence N34°54'32"E, along said Right-of-Way Line, 245.30 feet; Thence N40°02'41"E, along said Right-of-Way line, 181.03 feet; Thence N31°21'09"E, along said Right-of-Way line, 140.66 feet; Thence N47°08'12"E, along said Right-of-Way line, 54.15 feet; Thence S49°45'28"E, 210.60 feet; Thence S02°33'29"W, 3.66 feet; Thence Southeasterly, 75.58 feet, along a 940.00 foot radius curve, concave Southwesterly, whose 75.56 foot chord bears S45°'52'07"E; Thence S20~27~03"E, 31.29 feet; Thence S33o39'47"W, 88.67 feet, to the Point of Beginning. Said Tract of land contains 26.98 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. Resolution No. ~ ].8 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 20th day of April ,20 0~ · Approved by CITY ~3EERK C~ty A{torr{e~s Offi~ It was moved by 0'Donne]] and seconded by Vand¢t-hnc, f the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Bdan Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 04-119 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. 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, until 10:30 a.m. on the 12th day of May, 2004, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of May, 2004, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 20th day of April ,2004. Approved by: City"Clerk ~i~y'~{tor ~n y'~ Office Resolution No. 04-119 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum ~%/~,~ c-, I 04.20-0420 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, iA 52240 (319) 356-5030 RESOLUTION NO. 04-].20 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK, WHEREAS, it is a goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport; and WHEREAS, the Airport Commission and the City Council have worked cooperatively to develop a 17-1ot commercial subdivision on Airport property; and WHEREAS, the Airport Commission and the City Council have agreed to contract with NAI Iowa Realty Commercial to sell or lease the property known as the Aviation Commerce Park subdivision; and WHEREAS, a similar, previous agreement by the Airport Commission, NAI Iowa Realty and the City of Iowa City approved by Council in Resolution No. 03-18 expired on January 13, 2004; and WHEREAS, at their meeting on March 11, 2004, the Iowa City Airport Commission recommended that the City Council approve the attached and incorporated herein Listing Agreement marked Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Council approves the attached agreement, and authorizes the Mayor to sign and the City Clerk to attest said agreement. Passed and approved this 20th day of April ,2004. ATTEST: ~"~'~>~'~'.~) CITY CLERK App~rJ~e,d bv ~'~'~ ~ - ! ~ '-O~ City Attorney's Office Resolution No. 04-120 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn EXHIBIT LISTING AGREEMENT This Agreement is being made and entered into among NAI Iowa Realty Commercial (hereinafter called "Agent"), the City of Iowa City, a municipal corporation, (hereinafter called "Owner"), and the iowa City Airport Commission (hereinafter called "Commission") in Iowa City, Iowa. RECITALS: Whereas, the Owner desires now to offer the land lots in Aviation Commerce Park (hereinafter called "the lots" or "the Property") for sale as well as for lease contingent upon approval by the Federal Aviation Administration to sell the lots; Whereas, the Owner desires the Commission to recommend to it whether an offer to purchase should be accepted; Whereas, the Owner desires the said lots may still be offered for lease by the Commission with consultation with the Owner; and Whereas, the Agent desires to be the Owner's agent in selling the lots and the Commission's agent in leasing the lots. AGREEMENTS: NOW, THEREFORE, it is agreed as follows: 1. COMMISSION. The Commission has the sole right and authority to review and approve any land lease transaction. Attached, marked Exhibit "A", and incorporated herein is an agreement for the listing of the lots by Agent. 2. OWNER. The Owner has the sole right and authority to review and approve any land sale transaction The City Manager may accept an offer to purchase on the contingency that said offer must be approved by the Owner. The Owner may not enter into a land sale transaction without receiving the Commission's recommendation. If the Owner rejects the Commission's recommendation, the Owner and the Commission shall meet to discuss the potential sale transaction, but the Owner maintains the sole right and authority to enter into said transaction. 3. SALES AND LEASE PROCEDURES. An outline of the land sales transaction is attached, marked Exhibit "B", and incorporated herein, and shall be utilized for the sale of the lots. An outline of the land lease transaction is attached, marked Exhibit "C", and incorporated herein, and shall be utilized for the lease of the lots. 4. AGENCY. Owner hereby employs Agent and Agent accepts such employment by Owner as the exclusive agent with the sole right and authority, to offer for sale and to sell the land, designated as lots 1-17 on Exhibit "D" which is attached and incorporated herein, (hereinafter referred to as the "Property"). 5. TERM The term of this Agreement and Agent's employment, right and authority shall be extended for 90 days from the last date affixed below. 6. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with respect to the sale of the Property. b. To exert Agent's best efforts to perform its obligations under this Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for ale with any local or other appropriate multiple listing services; (ii) advertise the Property for sale in a commercially prudent manner. Agent shall advertise the Property at terms and conditions that have been approved in advance in writing by Owner and attached hereto as Exhibit "E". c. To submit monthly progress reports to the City Manager and the Airport Manager by the first day of each month, concerning the status of marketing, interested parties and any negotiations together with current market information affecting the Property. At the request of Owner, Agent shall attend meetings of Owner relative to the scope of this Agreement, and at the request of the Commission, Agent shall attend meetings of Commission relative to the scope of this Agreement. d. To solicit active cooperation from other qualified brokers ~n the sale of the Property. e. To use its best efforts to sell the Property at the terms approved by Owner. 7. PAYMENT OF SALE COMMISSION. Agent acknowledges and agrees that Owner shall be obligated to pay sales commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co-brokerage obligations due any other brokers or sales agents working with Agent, or who have procured for Agent, or referred to Agent, a buyer. 8. OWNER'S RESPONSIBILITIES. Owner hereby agrees as follows: a. During the term of this Agreement, Owner shall pay Agent a sales fee per transaction for a Buyer procured by Agent as follows: 7% of the first $500,000 of gross sales price 6% of the second $500,000 of gross sale price 5% of the next $1,000,000 of gross sale price 3% thereafter b. In addition, Owner shall pay Agent a sales fee, as set forth above, for a sale effected by Owner within 360 days following the termination of this Agreement, provided: (i) Agent has previously shown the Property to the buyer; (ii) such buyer is included on a written list of prospective buyers submitted to Owner within ten (10) calendar days following the termination of this Agreement. c. Except as specifically set forth herein, to refrain from negotiations with prospective buyers or their agents and to direct to Agent all prospective buyers and their agents, and all brokers, and other persons or entities interested in purchasing the Property. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective buyers and their agents. e. At the time of settlement promptly deliver a complete abstract showing good and merchantable title to the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed. 9. NON-DISCRIMINATION Agent covenants 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 accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Agent shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 10. TIME OF ESSENCE. Time is of the essence as to this Agreement and each of its terms and provisions. 11. ASSIGNMENT. Agent shall not assign or allow assumption of this Agreement except with prior written consent of Owner and Commission. In the event this Agreement is assigned by Owner in conjunction with the sale of lots, with such an assignment to occur only with the express consent of Agent, Owner shall be released from liability for all matters arising after the effective date of the assignment. 12. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and: As to Owner shall be delivered by: (i) certified mail, retum receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of City Manager, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. As to Commission shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of Airport Manager, Iowa City Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa 52246. As to Agent shall be delivered by: (i) personal service; (ii) certified mail, return receipt requested; or (iii) prepaid Federal Express or other similar overnight delivery service, addressed to: Scott G. Byers, 100- 1~t Ave. NE, Suite 115, Cedar Rapids, IA 52401. Notice by personal service shall be deemed delivered upon service. Notice by certified mail shall be deemed delivered three business days following deposit of the mailing with adequate postage, addressed to the receiving party's most current address for the purposes of notice, or upon receipt of the certified mailing by the party to whom directed, whichever first occurs. Notice by overnight delivery service shall be deemed given on the next business day following sending of the notice addressed to the receiving party at their most current address for the purposes of notice. Addresses for purposes of notices may be changed by a party from time to time upon providing formal notice of such change to the other party. 13. AMENDMENT. This Agreement may be modified in writing only, duly signed by all parties. 14. APPLICABLE LAW. This Agreement is declared to be a contract of the State of Iowa and shall be construed in accordance with the laws of iowa. 15. ENTIRE AGREEMENT. All negotiations, considerations, representations and understandings, prior proposals or earlier written documents between the parties as to the sale of the Property are incorporated into this Amendment, which contains the entire agreement of the Parties as to the sale of the Property. The Parties agree and acknowledge that no representations, warranties or agreements, other than as set forth in this Amendment have been made by the parties to each other as to the sale of the Property. IN WITNESS WHEREOF, the parties have executed this Amendment as of the ~,~- day of April 2004. AGENT: WITNESS: NAI IOWA RE~.~COMMERClAL ~cott G. ,E~y~/r,~, l°re~j~t COMMISSION: WITNESS: THE IOWA CITY AIRPORT COMMISSION '--John Str'a,~.y~_.c~tary Randy I~)artwig, Chaitrperson 4 all parties. \ 14. APPLICABLE I_~W. This Agreement is declared to be a contract of the State of Iow~kand shall be construed in accordance with the laws of Iowa. \\ / 1'$. fi~llR~ ~GRfiEM~I. AIl n*~ofiations, consid~afions, representations and undemtan~n~s, pdor proposals or earlier writton documonts b~oon the pa~ies as to tho sale of the ~rop~y am inco~rated ~nto this Amendment, which~ontain~ the tho Padi~s ~ to tho sale of th~ ~ro~dy. lh~ ~a~iesfaoroo and acknowledoe that no mpresontation~ wa~antios or a~moments, othor than a~ set fodh in this Amendment havo ~een made b~ th~ pa~ies to oach olher as to tho sale of ~o // IN WITNESS WHEREO~'~ the pa~ies have exec this Amendment as of the day of April / / / / AGENT: WITNESS: // NAI ,O~ REAL~MMERCIAL / / / John 8taley, 8~rota~ Randy Ha~i~, Chair~rson / / / 4 COMMISSION ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~p~- , 2004, before me, F~l~ , a Nota~ Public in and for the State of Iowa, pemonally ap~ared ~ ~.~',~ and ~k~ ~,~ to me pemonally known/who, bein~by me duly swom, did say that they am ~e Chair and S~cmta~, ms~ively, of the Iowa C~y Ai~od Commission and that the inst~ment was signed and sealed on ~half of the Commission, by authority of Resolution No. ~-~5 passed adopted by t~e Commission, on the ~ day of ~Pet~ ,20~, and that ~A. ~; and ~ ~ ~ [~ acknowledged the execution of/the inst~m~nt to be their volunta~ a~ and d~d of ~e Commission, by ~ voluntarily executed. ro -I m )~ ~)Commlssion Number 159791~ Fm"l My Commission ~Jres I ~ ~ L~I ~ ~ ?-o~ I Nota~ Public in and for the State of Iowa OWNER: WITNESS: THE CI~ OF IOWA CI~ Ma~n K. Karr, City Clerk Mayor CI~ ACKNOWLEDGMENT STATE OF IOWA ) JOHNSON COUN~ ) On this -~ ~ day of ~E~ ~ , 20~, ~fore me, the unde~igned, a nota~ public in and for the State of Iowa, ~onally appeared Emest W. Lehman and Marian K. Karr, to me pe~onally known, who ~ing by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal co~oration executing the within and foregoing instrument; that the seal a~xed thereto is the seal of said municipal ~oration; that said instrument was signed and seal~ on behalf of said municipal ~oration by authority of its City Council; and that the said Mayor and City CleA as such o~ ackno~ged that the execution of said instrument to ~ the volunta~ a~ and deed of said corporation, by it and by them voluntarily execute. Nota~ Public in and for the State of Iowa ~prov~ by ~ I~.1 SO~D.~eFO~ I I~lco~o. N.m~er ~1 City A~orney's ~ ~'1 ~commi~io, ~p~s I EXHIBIT A This governs the legal relationship (hereinafter called "Lease Agreement") between NAI Iowa Realty Commercial (hereinafter called ~Agent") and the Iowa City Airport Commission (hereinafter called "Commission") with regard to leasing lots 1-17 in Aviation Commerce Park as designated on Exhibit "D" of the Listing Agreement (hereinafter called "the Property"). 1. TERM. The term of this Lease Agreement and Agent's employment, right and authority shall commence upon execution of the Listing Agreement and terminate upon termination of the Listing Agreement. 2. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows: b. To secure and compile appropriate and customary written information with respect to the leasing of the Property. b. To exert Agent's best efforts to perform its obligations under this Lease Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for Lease with any local or other appropriate multiple listing services; (ii) to place the appropriate signage on the Property; and (iii) advertise the Property for lease in a commercially prudent manner. Agent shall advertise the Property at monthly rentals and terms that have been approved in advance in writing by Commission. c. To submit wdtten monthly progress reports to Commission by the first day of each month beginning May 1, 2004, concerning prospective tenants and the status of any lease negotiations together with current market information affecting the Property. At the request of Commission, Agent shall attend meetings of Commission relative to the scope of this Lease Agreement. d. To solicit active cooperation from other qualified brokers in the leasing of the Property. e. To use its best efforts to lease the Property at the rentals and upon the terms approved by Commission. f. Agent will not be held liable for the performance of any term, covenant or condition contained in any agreement pertaining to the Property except as set forth in this Lease Agreement and in any other written Lease Agreement between the parties. 3. PAYMENT OF LEASING COMMISSION. Agent acknowledges and agrees that Commission shall be obligated to pay leasing commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co- brokerage obligations due any other brokers or leasing agents working with Agent, or who have procured for Agent, or referred to Agent, a tenant. 4. COMMISSION'S RESPONSIBILITIES. Commission hereby agrees as follows: a. During the term of this Lease Agreement, Commission shall pay Agent a leasing fee equal to twenty-five cents ($.25) per gross square foot of land area under lease. The leasing fee shall be due and payable in three (3) equal annual installments with the first installment due at the time of lease execution and each of the two remaining annual installments due on/or before the subsequent lease execution anniversary dates. f. In addition, Commission shall pay Agent a leasing fee, as set forth above, for leases executed by Commission within one (1) year following the termination of this Lease Agreement, provided: (i) Agent has previously shown the Premises to that tenant; (ii) Agent has had active negotiations with tenant; and (iii) such tenant is included on a written list of prospective tenants submitted to Commission within ten (10) calendar days following the termination of this Lease Agreement. g. Except as specifically set forth herein, to refrain from negotiations with prospective tenants or their agents and to direct to Agent all prospective tenants and their agents, and all brokers, and other persons or entities interested in leasing the Premises. h. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective tenants and their agents. All tenants, lease terms, and lease conditions shall be approved by Commission, with all leases to be signed by Commission upon Commission's lease form. e. Reasonable and customary expenses incurred by Agent in providing leasing services to the Property shall be at Agent's sole cost and expense. [given that it is doubtful that lots will lease, as opposed to sell, it seems to me that such costs should be dealt w/in the listing agreement itself] 6. COMMISSION INDEMNIFICATION OF AGENT. Commission will indemnify, defend and save Agent safe and harmless from all claims in connection with the Property and from liability for damaged property and injuries to or death of any person, except in those cases where the damage to property or injuries or death to persons is caused by, or contributed to, Agent's willful malfeasance, bad faith, reckless disregard of duty or negligence. EXHIBIT B Aviation Commerce Park Lot Sale Procedures After Purchase Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Manager. 2. Agent works with Airport and City Manager on negotiating favorable terms and conditions, including but not limited to Counter-Offers. 3. Agent forwards copy of final terms and conditions to City Manager and Airport Manager. 4. City Manager may accept offer contingent upon approval by City Council. 5. Agent presents Offer, whether or not accepted by City Manager, to Commission for its recommendations. 6. Commission makes recommendation to Owner. 7. If Owner disagrees with Commission's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer prior to Owner's final action, but Owner retains sole right to accept or reject offer. 8. Owner votes on whether to accept offer. EXHIBIT C Aviation Commerce Park Lot Lease Procedures After Lease Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Manager. 2. Agent works with Airport and City Manager on negotiating favorable terms and conditions, including but not limited to Counter-Offers. 7. Agent forwards copy of final terms and conditions to City Manager and Airport Manager. 8. Agent presents Offer to Owner for its recommendations. 9. Owner makes recommendation to Commission. 6. If Commission disagrees with Owner's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer pdor to Commission's final action, but Commission retains sole right to accept or reject offer. 7. Commission votes on whether to accept offer. f Waill~t'r-l~.~j~ // EXHIBIT "E" AVIATION COMMERCE PARK Pricing Model Lo~ SizelSF Price ps£ Purchase Lease Rate Price I 60,076 $3.50 $210,266 $0.29 2 193,482 $2.50 $483,705 $0.14 3 275,603 $1.75 $482,305 $0.14 4 313,924 $2.50 $784,810 $0.14 5 137,904 $2.50 $344,760 $0.29 6 94,754 $4.50 $426,393 $0.29 7 42,253 $4.50 $190,139 $0.29 8 54,250 $4.50 $244,125 $0.29 9 53,761 $4.50 $241,925 $0.29 lO 92,230 $4.25 $391,978 $0.29 ll 63,429 $4.50 $285,431 $0.29 12 35,331 $4.50 $158,990 $0.29 13 39,280 $4.50 $176,760 $0.29 14 39,454 $4.50 $177,543 $0.29 15 39,423 $4.50 $177,404 $0.29 16 38,919 $4.50 $175,136 $0.29 17 46,628 $4.50 $209,826 $0.29 Totals 1,62~701 $5,161,493 The above pricing is valid as of April 2004. Pricing is subject to review and adjustment at Commission/Owner's discretion. l0