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HomeMy WebLinkAbout1995-05-09 ResolutionRESOLUTION NO. 95-98 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Deadwood - 6 S, Dubuque Street Gunnerz - 123 E. Washington Street It was moved by K.hhy and seconded by as read be adopted, and upon roll call there were: that the Resolution AYES: NAYS: ABSENT: x x x x x X Baker Horowitz Kubby Lehman Novick __. Pigott __ Throgmorton Passed and approved this 9th day of May , 1995 . CITY CLERK \danceprrn,res RESOLUTION NO. 95-99 RESOLUTION AUTHORIZING APPLICATION FOR 1995 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a notice of fund availability for Comprehensive Improvements Assistance Program (CLAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Programs; and WHEREAS, the Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the application and to request comments; and WHEREAS, the padicipants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for ClAP funds. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 9~h day of Ha:,' ,1995. CITY CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Approved by ~.~ C~ty Attorney's ~(~tfrbe ~ Pi~ott the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton hisasst\resciap,res RESOLUTION NO. 95-100 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPT- ING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT GRANTWOOD DRIVE. WHEREAS, during the extraordinary rainfall in the summer of 1993, a portion of the Grantwood Sanitary Sewer collapsed; and WHEREAS, this sewer collapse resulted in an emergency situation because it is necessary to provide continuous sanitary sewer service to the area; and WHEREAS, the state law provides that the public bid-letting procedures may be avoided if said procedures may cause serious loss or injury to the City; and WHEREAS, a certification by Larry Morgan, a competent registered professional engineer not in the regular employ of the City of Iowa City has been obtained, verifying that the above- noted emergency repairs were necessary in order to prevent serious loss or injury; and WHEREAS, the City Engineer has now certified the emergency repair work as satisfactorily completed, and the work should now be accepted by the City, as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that; The above-described sanitary sewer restoration constituted a necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (1991 ), as verified by an engineer not employed by the City of Iowa City, attached hereto and made a part thereof; and The contract between the City of Iowa City and Maxwell Construction Company for 923,582.13, Thorn Creek Construction for t~512, Dolanis Concrete for 9350, D&N Fence for 9621, and Iowa City Landscaping for 92,665.75, for a total amount of 927,730.88, to complete the emergency work is hereby ratified and approved; and The emergency work caused by collapse of the Sanitary Sewer at Grantwood Drive is hereby accepted as completed in accordance with the plans and specifications, and as certified by the City Engineer attached hereto. Passed and approved this 9th day of Hay , 1995. pweng~grntwood.res City Attorney's Office ,_,~-.3 - ~' Reaolutlon No. 95-100 Page 2 It was moved by Kubby and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: X X X X X Pi~ott ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ',% ( SHIVE-HATTERY ENGINEERS AND ARCHITECTS, Highway 1 & Inletstate 80 · RO. Box 1050 * Iowa C[ty, IA 52244.1050 e 319/354,3040 * FAX 319/354.6921 September 21, 1993 The City of Iowa City ATTN: Mr. Rick Fosse, P.E. City Engineer 410 East Washington Iowa City, Iowa 52240 RE: Sanitary Sewer Problems Dear Mr. Fosse: We have inspected the seven separate sanitary sewer failures located as follows: 2. 3. 4. 5. 6. 7. 1722 Grantwood Drive 1804 Grantwood Drive 926 Pepper Drive and Hazel Court 1011 Pepper Drive 405 Upland Avenue 2445 Nevada Avenue 301 Woodridge Avenue Based on our observations we concur with your opinion that it is in the publics best interest to forego the formal bidding process and proceed to make the necessary repairs under emergency conditions, I hereby certify that this plan, specification or report was prepared by me or under my direct personal supervision and that I am a duly Registered Professional Engineer under the laws of the State of Iowa. SHIVE-HATTERY ENGINE~q~S AND ARCHITE~OTS, inc. - Larry F. M .~.a.n,~P.~E. Iowa Registration No. 626/¢ My Registration RenewarDate is 12/31/94 LFM/kms 193356-0 CIVIL ' MECHANICAL * ELECTRICAL · STRUCTURAL · INDUSTRIAL ' ENVIRONMENTAL ' TRANSPORTATION · SURVEYING ARCHITECTURE · SPACE PLANNING . MASTER PLANNING O ENGINEER'S REPORT CITY OF I0 WA CITY May 5, 1995 RE: Emergency Sanitary Sewer Projects I hereby certify that the emergency sanitary sewer repair projects located in the following four locations: Grantwood Drive, the intersection of Briar Drive and Pepper Drive, the intersection of Hazel Court and Pepper Drive, and on Benton Street immediately west of the Iowa River have been completed. I recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, Richard, t{. Fosse, P.E. City Engineer. RESOLUTION NO. 95-101 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYIV]ENT AND ACCEPT- ING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT THE INTERSECTION OF BRIAR DRIVE AND PEPPER DRIVE, WHEREAS, during the extraordinary rainfall in the summer of 1993, a portion of (he Pepper Drive Sanitary Sewer collapsed; and WHEREAS, this sewer collapse resulted in an emergency situation because it is necessary to provide continuous sanitary sewer service to the area; and WHEREAS, the state law provides that the public bid-letting procedures may be avoided if said procedures may cause serious loss or injury to the City; and WHEREAS, a certification by Larry Morgan, a competent registered professional engineer not in the regular employ of the City of Iowa City has been obteined, verified that the above-noted emergency repairs were necessary in order to prevent serious loss or injury; and WHEREAS, the City Engineer has now certified the emergency repair work as satisfactorily completed, and the work should now be accepted by the City, as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The above-described sanitary sewer restoration constituted a necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (1991 ), as verified by an engineer not employed by the City of Iowa City, attached hereto and made a part thereof; and The contract between the City of Iowa City and Tschiggfrie Excavating, for $42,089.44, Clean Cut for 51,840, and Thorn Creek Construction for $145, for a total amount of $44,074.44, to complete the emergency work is hereby ratified and approved; and The emergency work caused by collapse of the Sanitary Sewer at the intersection of Briar Drive and Pepper Drive is hereby accepted as completed in accordance with the plans and specifications, and as certified by the City Engineer attached hereto. Passed and approved this 9th day of May , 1995. CITY CLERK City Attorney s Office ~.~=. ~. ~,.5-~ pweng\briarpep.res Resolution No. 95-101 Page 2 it was moved by Kubbv and seconded by adopted, and upon rol~ call there were: Pigott the Resolution be · AYES: NAYS: ABSENT: X X X X Baker ... Horowitz Kubby Lehman · Novick Pigott Throgmorton ( SHIVE-HATTERY ENGINEERS AND ARCHITECTS, Highway 1 & Interstate 80 - EO. Box 1050 ,, Iowa City, IA 52244-1050 . 319/354-3040 · FAX 319/354-6921 September 21, 1993 The City of Iowa City ATTN: Mr. Rick Fosse, P.E. City Engineer 410 East Washington Iowa City, Iowa 52240 RE: Sanitary Sewer Problems Dear Mr. Fosse: We have inspected the seven separate sanitary sewer failures located as follows: 2. 3. 4. 5. 6, 7. 1722 Grantwood Drive 1804 Grantwood Drive 926 Pepper Drive and Hazel Court 1011 Pepper Drive 405 Upland Avenue 2445 Nevada Avenue 301 Woodridge Avenue Based on our observations we concur with your opinion that it is in the publids best interest to forego the formal bidding process and proceed to make the necessary repairs under emergency conditions. I hereby certify that this plan, specification or repod was prepared by me or under my direct personal supervision and that l am a duly Registered Professional Engineer under the laws of the State of Iowa. SHIVE-HATTERY ry .~w,og ,~.b. L / Iowa Re¢stration No. 626~ My Registration RenewaKDate is 12/31/g4 LFM/kms 193356-0 CIVIL · MECHANICAL · ELECTRICAL" STRUCTURAL ' INOUSTRIAL ' ENVIRONMENTAL ' TRANSPORTATION · SURVEYING ARCHITECTURE · SPACE PLANNING · MASTER PLANNING ENGINEER'S REPORT CITY OF I0 WA CITY May 5, 1995 RE: Emergency Sanitary Sewer Projects I hereby certify that the emergency sanitary sewer repair projects located in the following four locations: Grantwood Drive, the intersection of Briar Drive and Pepper Drive, the intersection of Hazel Court and Pepper Drive, and on Benton Street immediately west of the Iowa River have been completed. recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer. RESOLUTION NO. 95-102 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPT- ING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT AT THE INTERSECTION OF HAZEL COURT AND PEPPER DRIVE. WHEREAS, during the extraordinary rainfall in the summer of 1993, a portion of the Hazel Court Sanitary Sewer collapsed; and WHEREAS, this sewer collapse resulted in an emergency situation because it is necessary to provide continuous sanitary sewer service to the area; and WHEREAS, the stare law provides that the public bid-letting procedures may be avoided if said procedures may cause serious loss or injury to the City; and WHEREAS, a certification by Larry Morgan, a competent registered professional engineer not in the regular employ of the City of Iowa City hs been obtained, verifying that the above-noted emergency repairs were necessary in order to prevent serious loss or injury; and WHEREAS, the City Engineer has now certified the emergency repair work as satisfactorily completed, and the work should now be accepted by the City, as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The above-described sanitary sewer restoration constituted a necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (1991 ), as verified by an engineer not employed by the City of Iowa City, attached hereto and made a part thereof; and The contract between the City of Iowa City and Maxwell Construction Company, in the amount of $49,956.77, to complete the emergency work is hereby ratified and approved; and The contract between the City of Iowa City and Tschiggfrie Excavating, in the amount of ~ 13,597.81, to complete the emergency work is hereby ratified and approved; and The emergency work caused by collapse of the Sanitary Sewer at the intersection of Hazel Court and Pepper Drive is hereby accepted as completed in accordance with the plans and specifications, and as certified by the City Engineer attached hereto. Passed and approved this 9oh day of ~'lay , 1995. ATTEST: ~'~¢~.~.~..~._.2 CITY'CLERK pweng~hazelct.res Approved by ~ey's O~'fice Resolution No. 95-102 Page 2 It was moved by Kubb¥ and seconded by adopted, and upon rol~ call there were: the Resolution he · AYES: NAYS: ABSENT: X X X X X ~ , Baker Horowitz . Kubby Lehman Novick Pigott Throgmor~on ( SHIVE-HATTERY ENGINEERS AND ARCHITECTS, Highway ! & Interstale 80 , RO. Box !050 · Iowa City. IA 52244.1050 ,, 319/354-3040 · FAX 319/354-6921 September 21, 1993 The City of iowa City ATTN: Mr. Rick Fosse, P.E. City Engineer 410 East Washington iowa City, iowa 52240 RE: Sanitary Sewer Problems Dear Mr. Fosse: We have inspected the seven separate sanitary sewer failures located as follows: 2. 3. 4. 5. 6. 7. 1722 Grantwood Drive 1804 Grantwood Drive 926 Pepper Drive and Hazel Court 1011 Pepper Drive 405 Upland Avenue 2445 Nevada Avenue 301 Woodridge Avenue Based on our observations we concur with your opinion that it is in the publids best interest to forego the formal bidding process and proceed to make the necessary repairs under emergency conditions. I hereby certify that this plan, specification or report was prepared by me or under my direct personal supervision and that I am a duly Registered Professional Engineer under the laws of the State of Iowa. SHIVE-HATTERY ENGIN..~S AND ARCHIcT~,CTS, inc. - Larry F. M,~.('g.a,n,'P.:E. Iowa Regrstrabon No. 6269' My Registration RenewarDate is 12/31/94 LFM/kms 193356-0 CIVIL · MECHANICAL · ELECTRICAL o STRUCTURAL · INOUSTRIAL ~ ENVIRONMENTAL · TRANSPORTATION * SURVEYING ARCHITECTURE · SPACE PLANNING · MASTER PLANNING ENGINEER'S REPORT CITY OF I0 WA CITY May 5, 1995 RE: Emergency Sanitary Sewer Projects I hereby certify that the emergency sanitary sewer repair projects located in the following four locations: Grantwood Drive, the intersection of Briar Drive and Pepper Drive, the intersection of Hazel Court and Pepper Drive, and on Benton Street immediately west of the Iowa River have been completed. I recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer. RESOLUTION NO. 95-103 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING AND RATIFYING PAYMENT AND ACCEPT- ING THE WORK FOR AN EMERGENCY SANITARY SEWER PROJECT ON BENTON STREET IMMEDIATELY WEST OF THE IOWA RIVER, WHEREAS, during the flooding of the Iowa River in the Summer of 1993, a portion of the Benton Street 21" Sanitary Sewer Trunk Line collapsed; and WHEREAS, the damaged section of the line was under the concrete paving, approximately eleven (11) feet in elevation below the Iowa River level and in close proximity to the Benton Street Bridge; and WHEREAS, the Benton Street Sanitary Sewer Trunk Line serves a major portion of western Iowa City, University Heights and the University of Iowa Hospitals and west campus; and WHEREAS, if repair work was not begun immediately, great potential existed for additional significant damage to the street, bridge and private property; and WHEREAS, state law provides that the public bid-letting procedures may be avoided if said procedures may cause serious loss or injury to the City; and WHEREAS, a certification by Daniel Holderness, a competent registered professional engineer not in the regular employ of the City of Iowa City has been obtained, verifying that the above- noted emergency repairs were necessary in order to prevent serious loss or injury; and WHEREAS, bid documents were prepared by City staff and Maxwell Construction Company was authorized to begin repairs immediately; and WHEREAS, the City Engineer has now certified the emergency repair work as satisfactorily completed, and the work should now be accepted by the City, as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The above-described sanitary sewer relocation constituted a necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (1991 ), as verified by an engineer not employed by the City of Iowa City, attached hereto and made a part hereof. The contract between the City of Iowa City and Maxwell Construction Company, for $119,396.27 and Iowa Bridge & Culvert for $940.10 for the total amount of 9120,336.37 to complete the emergency work is hereby ratified and approved. The emergency work caused by the collapse of the Benton Street Sanitary Sewer Trunk Line is hereby accepted as completed in accordance with the plans and specifications, and as certified by the City Engineer attached hereto. Resolution No. 95-103 Page 2 Passed and approved this 9th day of ,~y , 1995. CITY'CLERK It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: AYES: NAYS: X x X x ,,~ x x ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng~,benlon. res SHIVE-HATTERY ENGINEERS AND ARCHITECTS, Highway 1 & Inletslate 80 · RO. Box 1050 · iowa City, IA 52244-1050 · 319/354-3040 · FAX 319/354.6921 September 21, 1993 The City of Iowa City ATTN: Mr. Rick Fosse, P.E. City Engineer 410 East Washington Iowa City, Iowa 52240 RE: Sanitary Sewer Problems Dear Mr. Fosse: We have inspected the seven separate sanitary sewer failures located as follows: 2. 3. 4. 5. 6. 7. 1722 Grantwood Drive 1804 Grantwood Drive 926 Pepper Drive and Hazel Court 1011 Pepper Drive 405 Upland Avenue 2445 Nevada Avenue 301 Woodridge Avenue Based on our observations we concur with your opinion that it is in the publids best interest to forego the formal bidding process and proceed to make the necessary repairs under emergency conditions. I hereby cedify that this plan, specification or report was prepared by me or under my direct personal supervision and that I am a duly Registered Professional Engineer under the laws of the State of Iowa. SHIVE-HATTERY ENGINE.~RS AND ARCHITECTS, inc. - Larry F. M?gan, P.E.T -/ !o. wa_ Re..g~.st!,ation_ NO. 626/0' My Regi~trabon Renewal'Date is 12131194 LFM/kms 193356-0 CIVIL * MECHANICAL ,, ELECTRICAL · STRUCTURAL · INDUSTRIAL ,, ENVIRONMENTAL · TRANSPORTATION · SURVEYING ARCHITECTURE * SPACE PLANNING · MASTER PLANNING ENGINEER'S REPORT CITY OF I0 WA CITY May ,5, 1995 RE: Emergency Sanitary Sewer Projects I hereby certify that the emergency sanitary sewer repair projects located in the following four locations: Grantwood Drive, the intersection of Briar Drive and Pepper Drive, the intersection of Hazel Court and Pepper Drive, and on Benton Street immediately west of the Iowa River have been completed. 1 recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer. CITY OF CORALVILLE M3 YOR Michael Keltthee CITY CLERK Arlys M. Hannam CITY ADMINISTRATOR Kelly J. Hayworth 1512 7th Street P.O. Box 5127 Coralville, Iowa 52241-5127 (319) 351-1266 Fax (319) 351-5915 COUNCIL MEMBERS Allan L. Axeen Jim L. Fausett Thormrs J. Gill Diana K. l.undell William L. Potter August 11, 1993 City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Attn: Mr. Steven Atkins, City Manager RE: Sanitary Sewer TrunkLine Collapse on Benton Street Immediately West of the Iowa River Dear Mr. Arkins: I have reviewed the events and circumstances which lead to the authorization of Maxwell Construction Company to begin the above-referenced sanitary sewer repair work costing in excess of $25,000 without the project being competitively bid. The Benton Street Sanitary Sewer Trunk Line serves a major portion of western Iowa City, University Heights and the University of Iowa's west campus. The damaged section of the line is under the concrete paving, approximately eleven (11) feet in elevation below the current Iowa River level and in close proximity to the Benton Street Bridge. If repair work was not begun immediately, great potential existed for additional significant damage to the street, bridge and private property. In conclusion, it is my Judgment that it was necessary, justified and in the publie's best interest t~ begin ~mmediate repair of the above-referenced sanitary sewer trunk line. City Engineer Registration No. 10333 cc: Rick Fosse, City Engineer RESOLUTION NO. 95-104 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 431 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on June 1, 1989, the property owner of 431 Oakland Avenue, executed a Promissory Note and Mortgage in the amount of $3,000 for a 3% low-interest loan for five years through the Community Development Block Grant (CDBG) Program; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and WHEREAS, the balance was paid in full on January 5, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 431 Oakland Avenue, Iowa City, Iowa, from an obligation to pay the City the $3,000, which was recorded in Book 1056, Page 9 thru 11, respectively, of the Johnson County Recorder's Office. Passed and approved this 9th day of NAy , 1995. CITY CLERK City Atto[hey's Office It was moved by ~,,h~¥ and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X ._~ x x x ppdrehab\431oakLres ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RELEASE OF LIEN The City of Iowa City does hereby release the property at 431 Oakland Avenue, Iowa City, Iowa, legally described as follows: Lot 42, Subdivision of Oakes Third Addition to Iowa City, Johnson County, Iowa from an obligation of the property owner to the City of Iowa City in the principal amount of 93,000 represented by a 3% five year Promissory Note and Mortgage recorded in the Office of the Johnson County Recorder on April 26, 1989, in Book 1056, Page 9 thru 11. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents, CITY OF IOWA CITY City Clerk Approved by: City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~+~ day of ,~, , 19 95 , before me, 5~,~.~ Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz, 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 Resolution No. 95 -~'~- adopted by the City Council on the ~/~< day of '71~0.~ ,19 '/5 , and that Susan M. Horowitz, 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. Notary Public in and for the State of Iowa ppd f ehab~.4 3 loa~d. tel NOTICE OF PUBLIC HEARING On Tuesday, May 9, 1995, at 7:30 p.m., the Iowa City City Council will provide an opportunity for Public Comment regarding amendments to the 1993 Supplemental Community Development Block Grant (CDBG) program Statement and Budget and the 1994 CDBG Program Statement and Budget. The Committee on Community Needs (C. CN) has reviewed and made recommendations to the Iowa City City Council on these amendments, Detailed activity information regarding the amendments is available during business hours Monday through Friday at: City Clerk's Office 410 E. Washington St. Iowa City, IA 52240 Department of Planning and Community Development 410 E. Washington St. Iowa City, IA 52240 City of Iowa City MEMORANDUM Date: May 1, 1995 To: From: Re: City Council ~/~teve Long, Associate Planner CDBG Budget Amendments There are two CDBG budgets that need to be amended. The previously approved budgets and the amendments are attached to the Resolutions. 1. 1994 CDBG Budget There are two project amendments here, one is to increase the Manufactured Housing Fire Safety Program budget by $6,000 in order to purchase additional fire extinguishers and smoke alarms. The program has proved to be a big success, with a much stronger response than we anticipated. The other amendment is to correct an error that was made when we closed out the 1993 CDBG program. The Rehab Program Income from 1993 was listed at $125,551. Whereas this was the true income, $70,000 of it had in fact been budgeted and committed in 1993, and was therefore already included in the $123,608 of Housing Rehab Carryover. In other words, we counted the $70,000 twice both under the Sources of Funds and the Housing Rehab expenditures. 2. 1993 Supplemental CDBG Budget - Flood I When this budget was originally proposed we were guessing the cost of flood repairs and other needs of flood victims. Now that the funds are almost totally expended, we can come up with realistic figures. As you can see, housing repairs, replacement and elevation of manufactured homes on a permanent foundation proved to be quite expensive, and left no funds for land acquisition. We had also not realized that households needed assistance with rent payments during the time they could not live in their homes, so this item has been added to the project description in the budget. tp3-2 RESOLUTION NO. 95-105 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT {CDBG) PROGRAM STATEMENT BUDGET FOR THE USE OF 1993 FLOOD RELIEF FUNDS. WHEREAS, the City of Iowa City, Iowa, received $1,055,000 in federal Supplemental CDBG monies for Disaster Recovery Assistance pursuant to Public Law 103-75; and WHEREAS, Resolution No. 94-6 approved a Program Statement for use of these funds giving priority to low income persons and others needing assistance to repair housing damage caused by the 1993 flood, and, where necessary, to assist in replacing flood damaged homes; and WHEREAS, the City has prepared an amended program statement for use of these funds, based on actual expenditures to address the need for repair, replacement, and/or elevation of homes damaged by the 1993 flood and, where necessary, the demolition of homes damaged by the flood; and WHEREAS, said expenditures required the full use of the CDBG grant; and WHEREAS, on April 19, 1995, the Committee on Community Needs recommended approval of the amended budget, attached hereto, as Exhibit A; and WHEREAS, a public hearing on the amended budget was held on May 9, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The amendment to the 1993 Supplemental Community Development Block Grant Program Statement budget as set forth in Exhibit A is hereby authorized and approved. Passed and approved this 9th . day of May ,1995. ATTEST: '~l~.~,,j ,~. ~/-~4~/ CITY CLERK ~ Cit~'~,~lorney's Office Resolution No. 95-105 Page 2 It was moved by F,~hhy and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: the Resolution be Baker ~ Horowitz Kubby Lehman · Novick Pigott · Throgmorton EXHIBIT A 1993 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AMENDED BUDGET SUMMARY . FLOOD 1 ProjecfiActivity Housing Acquisition & Rehabilitation Housing Rehabilitation Replacement, Repair and Elevation of flood damaged homes Rent Payments Clearanc~ Activitio~ Demolition of severely damaged homes Acquisition Acquisition of land for Manufactured Housing Development Administration & Planning General Administration & Planning Activitiea TOTAL CDBG Budget Amended 1/4/94 CDBG Budget Amended $605,000 $858,000 22,000 50,000 55,000 280,000 0 120,000 120,000 $1,055,000 $1,055,000 Source of Funds 1993 Supplemental CDBG funds (amendments are in bold) $1,055,000 $1,055,000 RESOLUTION NO. 95-106 RESOLUTION AUTHORIZING AND APPROVING AN AIVlENDMENT TO THE 1994 CO[VllVIUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT BUDGET, WHEREAS, the City of Iowa City receives Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title 1 of the Housing and Community Development Act of 1974, as amended, and Title IX of the Affordable Housing Act of 1990; and WHEREAS, on April 26, 1994, the City of Iowa City adopted Resolution No. 94-123, authorizing filing of the 1994 CDBG Program Statement, and on September 27, 1994, adopted Resolution No. 94-311, amending said Program Statement; and WHEREAS, the Manufactured Housing Fire Safety Program requires an additional (;6,000 in Unprogrammed Funds in order to adequately serve Iowa City manufactured home owners; and WHEREAS, because of a previous error, $70,000 was counted twice, both under the Sources of Funds and the Housing Rehabilitation expenditures, and this error needs to be corrected; and WHEREAS, the addition of new projects and reallocation of funds requires an amendment to said 1994 CDBG Program Statement and Budget; and WHEREAS, it is an objective of the CDBG Program to address the needs of low and moderate income residents of Iowa City; and WHEREAS, on April 19, 1995,.the Committee on Community Needs recommended approval of the amended budget, attached hereto as Exhibit A; and WHEREAS, a public hearing on the amended budget was held on May 9, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The amendment to the 1994 Community Development Block Grant Program Statement Budget, as set forth in Exhibit A, is hereby authorized and approved. Passed and approved this 9th day of Hay , 1995. ppdcd~Xcdb994.fes Resolution No. 95-106 Page 2 It was moved by Kubby and seconded by adopted, and upon rol~- call there were: Pigott the Resolution be · AYES: NAYS: ABSENT: X X X Baker Horowitz Kubby Lehman Novick · Pigott Throgmorton EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1994 PROGRAM YEAR Proiect CDBG Budeet Amended 9/27/94 Acquisition GICHF/Bums - Affordable Mixed Income Multi-family Rental Housing $151,500 Public Facilities and Imvrovements Neighborhood Centers of Johnson County- New Facility Goodwill Rehab Phase V Domestic Violence Intervention Program - Children's Area Development GICHF - Landscaping Iowa City Public Housing Authority - Landscaping Youth Homes - Exterior Repair of Waterfront Drive Property 151,000 51,000 15,500 8,500 33,500 61,000 Public Services LIFE Skills, Inc. - Housing Support Program Coordinator Mayor's Youth Employment Program - Youth Stipends Hillcrest Family Services --Operational Costs Transitional 1tousing Program Aid to Human Service Agencies 16,060 16,250 17,300 105,000 Rehabilitation Elderly Services Agency - Small Repair Program City of Iowa City - Housing Rehab Program City of lowa City - Manufactured Housing Replacement City of Iowa City - Manufactured Housing Fire Safety 16,500 403,159 46,400 11¢50 Economic Development Institute for Social and Economic Dev~iopment - Microenterprise Development 17,750 Relocation Assistance Towncrest Relocation Program 139,054 Administration & Plannin~ General Administration Planning and Research Unprogrammed Funds 121,952 15,000 54,790 TOTAL $1,452,438 Sources of Fonds 1994 CDBG Entitlement 1993 Program Income - Housing Rehab 1993 Housing Rehab Carryover 1993 Other Program Income ($8,522) Carryover ($195,757) 1994 Estimated Program Income 969,000 125,551 123,608 204,279 30,000 TOTAL $1,452,438 ppdcdbgxbuds~umm 94 CDBG Budget $151,500 151,000 51,000 15,500 8,500 33,500 61,000 16,060 16,250 17,300 t05,000 16,500 333,159 46,400 17,250 17,750 139,054 121,925 15,000 48,790 $1,382,438 $ 969,000 55,551 123,608 204,279 30,000 $1,382,438 To the Auditor of Johnson County, Iowa: The Council of the City of Iowa City, in said County met on May 9, 1995, ath the place and hour set in the notice, a copy of which accompanies this certificate and is cergf(ed as to publication. Upon taking up the proposed amendment. it was considered eed taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wfsblng to he heard and considering the statemenlo made by them, gave linal consideration to the proposed amendment(s) to the budget end modifications proposed at the hearing, if any. Thereupon. the following resolution was introduced. RESOLUTION NO. 95-107 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30. 1995 (AS AMENDED LAST ON , 19 _L So it Resoivnd by the Council of the City of rowe City, Iowa: Section 1. Following notice published May 3, 1995 and the public hoofing held on May 9, 1995, the current budget (as tueviously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget as Certified Total Endpet Amended Amendment Amendment REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property I 18,483,722 (86) 18,483,636 Less: Uncollected Property Taxes. Levy Year 2 = Net Current Proper~y Taxes 3 18,483,722 {86) 18,483,636 Delinquent Property Taxes 4 TIF Revenues S 19.535 )9,535 Other City Taxes o 400.000 40,000 440,D00 Licenses & Permits 7 514,005 95,000 $09,005 Use of Money & Property 8 1.337,060 687,225 2,024.285 Intergovernmental 9 17,4)8,759 1.319,944 18,738,703 Charges for S~vicos Io 21,740.421 317,488 22,057.909 Special Assessments I t 54, ) 30 54,130 Miscellaneous 12 2,114,610 40.332,008 42,448,618 Other Financing Sources: 13 42,770,887 11,255.113 54,028,000 Total Revenues & Other Sources 14 104,779.464 54,120,387 158.899.821 EXPENDITURES & OTHER RNANCING USES Community Protection ;a 9,687,683 350.582 10.038,265 (police,fire.street lighting, etc.) Human Development 16 6,492.278 1,880,485 8,372,743 (heaRh, library, recreation, etc.) Home & Community Environment ~7 61,170,380 7.434.577 68,604,957 {garbage, streets, utilities, etc.} Policy & Administration is 4,702.301 354,732 5,057,033 (mayor, council, clerk, legal, etc.} Non-Program Total Expenditures 19 82,052,642 10.020,358 92.072.998 Loss: Debt Service 2o 9.774,957 4,727,254 14,502,21 I Capital Projects 21 25,093,194 2,23B,711 27,329.905 .N?t Operating Expenditures 22 47,184,491 3,056,391 50,240.882 Transfers Out 23 20,09).370 28,826,179 48,917,549 Total Expandltums/Trans)ers Out 24 102,)44,0t2 38,846.535 140.990.547 Excess Revenues & Other Sources Ov~ (Under) Expenditures,'Transfers Out 25 2.635.452 t5,273,822 17,909,274 Beginning Fund Balance July 1 26 29.702,t 10 )R,3i 2,521 48,014,63 t Ending Fund Balance June 30 27 32,337,582 33,588.343 65,923,905 p,,~,~, 9th d~,o~ May City Clerk ~" Mayor Raaolutlon No. 95-107 Page, It was moved by Novick and seconded by Lehman adopted, and upon rol~ call there were: the Resolution be · AYES: NAYS: ABSENT: X X X X X _ Baker Horowitz __ Kubby __, Lehman Novick __, Pigot~ Throgmorton RESOLUTION NO. 95-108 RESOLUTION APPROVING LOAN AGREEMENTS BETWEEN THE CITY OF IOWA CITY, THE IOWA DEF~ARTMENT OF ECONOMIC DEVELOPMENT, AND MOORE BUSINESS FORMS, INC. FOR $300,000 OF COMMUNITY ECONOMIC BETTERMENT FUNDS TO ASSIST WITH A FACILITY EXPANSION, AND FOR $100,000 FROM THE CITY TO ASSIST WITH THE PURCHASE OF MACHINERY AND EQUIPMENT. WHEREAS, the Iowa Community Economic Betterment Account (CEBA) program provides loans to cities to promote economic development and create long-term employment opportunities; and ' WHEREAS, it is in the public interest to use state and local funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City of Iowa City has applied for and obtained a CEBA loan from the Iowa Department of Economic Development {"State") in the amount of $300,000 to be loaned to Moore Business Forms, Inc., as provided by iowa Code; and WHEREAS, the State has approved the City's loan to Moore Business Forms, Inc. in an amount of $100,000 as an integral part of the overall CEBA loan from the State, contingent on City and Moore Businsss Forms, Inc. entering into a separate loan agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Loan Agreements and Promissory Notes between the City and the State, and between the City and Moore Business Forms, Inc., copies of which are attached hereto, are in the public interest to encourage economic development, and that said Agreements are hereby approved in form and substance. The Mayor is authorized and directed to sign, and the City Clerk to attest, the attached Loan Agreements, and Promissory Notes when these documents have been properly executed by Moore Business Forms, Inc. The City Manager is hereby authorized to take any additional actions required by the State and the CEBA program to implement the Loan Agreement and Promissory Notes. Passed and approved this 9th day of Hs¥ , 1995. CITY'CLERK YOR ~tor~ey~ Resolution No. 95-108 Page 2 It was moved by Pt~ott and seconded by_ adopted, and upon roll, call there were: Lehman the Resolution be · AYES: NAYS: ABSENT: ~ Baker ~ Horowitz Kubby Lehman Novick Pigott .... Throgmorton TERRY E. BRANSTAD, (3OVEIRNC*R DEPARTMENT Of ECONOMIC DEVELOPMENT DAVID J, LYONS, DIRECTOR May 30, 1995 The Honorable Darrell G. Courtney Mayor, City of Iowa City City Hall, 410 E. Washlngton Iowa City, IA 52240 RE: community Economic Betterment Account (CEBA) Application Number: PRO-94-05: Moore Business Forms, Inc. Dear Mayor courtney: Enclosed are copies of the fully executed CEBA Forgivable Loan Agreement and Promissory Notes with the Department of Economic Development. Please forward one copy to Moore Business Forms, Inc. The Agreement n~n%ber is PRO-94-05 and should be referenced in all correspondence relating to it. If you have any questions concerning the Agreement, feel free to call this office at 515/242-4819. Sincerely, Kenneth . Bo~y Program Manager wbb Enclosure Steve Sormaz, Moore Business Forms David Schoon, City of Iowa City PR0-94-05 (letter only) iOWA NETWORK I~0R BU$iNI~SS 200 EAST GRAND / DES MOINES, IOWA 50309 ] 5151242-,4700 ] FAX: 5151242.485g ASSISTANCE IOWA DEPARTMENT OF ECONOMIC DEVELOPUENT CEBA LOAN AGREEMENT CEBA LOAN NUMBER: 94.PR0.05 AWARD GATE: January 20, 1994 KfND OF AWARD: _.F_~rqivable Loan AWARD AMOUNT: ,~300,800 THIS COMMUNITY ECONOMIC BETTERMENT ACCOUNT ("CEBA") AGREEMENT is made by and among the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED"), CITY OF IOWA CITY, 410 E. Washington Street, Iowa City, Iowa, 52240- 1826("Community"), and MOORE BUSINESS FORMS, INC., 275 Nodh Field Drive, Lake Forest, Illinois 60045 ("Business"). The Department desires to make a loan to the Community for the benefit of the Business and the Community desires to accept this loan, all upon the terms and conditions set forth in this Agreement. The Community desires to make a loan to the Business and the Business desires to accept this loan, all upon the terms and conditions set forth in this Agreement. THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, it is agreed as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 AGREEMENT EXPIRATION DATE, "Agreement Expiration Date" means the date the Agreement ceases to be in force and effect. The Agreement expires upon the occurrence of one of the following: a) the Loan is repaid in full or required part, including accrued interest, court costs and any penalties; b) the Agreement is terminated by the Department due to any default under Article X; c) no disbursement of CEBA funds has occurred within the twenty four months immediately following the Award Date; or d) if the Agreement includes only a Forgivable Loan, at the end of the three (3) year period beginnin9 with the Project Completion Date durin9 which the Job Attainment Obligation has been fulfilled and notice of same has been provided by IDED. 1.2 AWARD DATE, "Award Date" means the date on which the Economic Development Board approved the iDED CEBA padicipation. ' CONTRACT NUMBER 94-PRO-05 PAGE 2 1.3 COMMUNITY BASE JOBS, "Community Base Jobs" means the number of Full- time Equivalent (FTE) Jobs the Department determines are in place in the Community at the time of application for CEBA funds and which will remain in the Community whether or not CEBA funds are awarded. For purposes of this Agreement, the Community Base Jobs shall be deemed to be 137 FTE jobs. Said jobs must be maintained for a minimum of thirteen (13)weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary of the Project Completion Date. 1.4 CREATED JOBS, "Created Jobs" means the number of new Full-time Equivalent (FTE) Jobs the Business will add to the Community over and above the number of Community Base Jobs and/or Retained Jobs. For purposes of this Agreement, Created Jobs shall mean 130 FTE jobs. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary date of the Project Completion Date. 1.5 FOBGIVABLE LOAN, "Forgivable Loan" means a loan for which repayment is eliminated in part or entirely if the Community and Business satisfy the terms of this Agreement, including the Job Attainment Obligations stated in Article VII. 1.6 FULL-TIME EQUIVALENT IFTE) JOB, "Full-time Equivalent (FTE) Job" means the equivalent of employment of one (1) person for eight (8) hours per day for a five (5) day forty (40) hour workweek for fifty two (52) weeks per year. 1.7 JOB ATTAINMENT OBLIGATION. "Job Attainment Obligation" means tile aggregate total number of Community Base Jobs, Retained Jobs and, Created Jobs pledged by the Community and Business. Under this Agreement, such term shall be three hundred seventeen FTE jobs (317 FTE jobs). 1.8 LOAN, "Loan" means either a conventional loan or a Forgivable Loan, or both, the terms of which are or may be set forth in this Loan Agreement. 1.9 _LOAN AGREEMENT or AGREEMENT. "Loan Agreement" or "Agreement" means this Agreement, the Project budget and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Agreement and all other instruments or documents executed by the Business or Community or otherwise required in connection with the Agreement, includin9 but not limited to the following: a. Attachment A, Project Budget. b. Attachment B1, Promissory Note of the Business. c. Attachment B2, Promissory Note of the Community. · CONTRACT NUMBER 94-PRO-05 PAGE 3 d. Attachment C, CEBA Application for Assistance 1.10 PROJECT~ "Project" means the detailed description of the work, services, job attainment requirements and other obligations to be performed or accomplished by the Community and Business as described in this Agreement and the CEBA application approved by the Department. 1.11 PROJECT COMPLETION DATE, "Project Completion Date" means February 28, 1996 and is the date by which the Project tasks shall have been fully accomplished including fulfillment of the Job Attainment Obligation. 1.12 RETAINED JOBS, "Retained Jobs" means the number of Full-time Equivalent (FTE) Jobs the Department determines are in place in the Community at the time of application for CEBA assistance and which the Business and Community agree will be retained due to receipt of the CEBA funds. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary of the Project Completion Date. ARTICLE FUNDING 2.1 FUNDING SOURCE, The source of funding for the Loan is an appropriation by the State legislature for the CEBA Program. With respect to the closing of the Loan, processing of post-closing documents and administration of the Loan until paid in full, the Business and Community shall comply with the requirements, conditions and rules of the Department and any other public or private entity having authority over the funds or the Loan. 2.2 RECEIPT OF FUNDS. All payments under this Agreement are subject to receipt by the Department of sufficient State funds for the CEBA program. Any termination, reduction or delay of CEBA funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of CEBA funds to the Community and the Business. 2.3 PRIOR COSTS, No expenditures made prior to the Award Date may be included as Project costs for the purposes of this Agreement. CONTRACT NUMBER 94-PRO-05 PAGE 4 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been disbursed within one hundred twenty (120) days of the Project Completion Date, then the Department shall be under no obligation for further disbursement. And, the Community and Business shall be obligated to the extent of Loan proceeds received. ARTICLE III TERMS OF LOAN 3.1 LOAN, The Department agrees to make a forgivable loan in the amount of_ $300,000 (Three Hundred Thousand dollars) with interest at 6 (Six)for 5 (Five) . years to the Community on behalf of the Business to assist in the financing of the Project. 3.2 PROMISSORY NOTES, The obligation to repay the Loan shall be evidenced by Promissory Notes in the form annexed hereto executed by the Business and the Community. 3.3 OTHER TERMS, 1) Corporate Guarantee in the amount of $300,000. 3.4 PREPAYMENT, The outstanding principal and accrued interest of this Loan, or any part thereof that is not forgiven, may be prepaid in part or in full at any time without penalty. 3.5 ACCELERATION UPON DEFAULT. If there is a failure to pay any installment of principal and interest when due, or only a portion is paid, or in the event of any other default under this Loan, the Depadment may declare the entire unpaid principal and all accrued interest immediately due and payable. 3.6 FOROIVABLE LOAN AMORTIZATION, If the award includes a Forgivable Loan, the Depadment will, in its sole discretion, determine if the Business has satisfied the terms of this Agreement, includin9 fulfillment of the Job Attainment Obligation by the Project Completion Date. If the Department reasonably determines that the Business has satisfied said terms and has continued to satisfy said terms for thirteen (13) weeks past the Project Completion Date, then principal and interest which would otherwise have accrued for the time period beginning with the Award Date and ending with the Project CompJetion Date shall be waived and, barring default, no payments on the Forgivable Loan shall be due until the third (3rd) year anniversary of the Project ' CONTRACT NUMBER ' 94-PRO-05 PAGE 5 Completion Date. If the Department reasonably determines that the Business has satisfied said terms, including fulfillment of the Job Attainment Obligation, at the third (3rd) year anniversary of the Project Completion Date(to wit: February 28, 1996), then repayment of the Forgivable Loan shall be permanently waived. ARTICLE IV CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Depadment shall be under no obligation to disburse to the Community or Business any amounts under the Loan Agreement: 4.1 AUTHORITY, The Business shall have submitted the following documents to the Department: a. Certificate of Good Standing of the corporation. b. Certified copy of the corporation's Adicles of Incorporation. c. Certificate of Incumbency naming the current officers and directors of the corporation. d. Resolution of the Board of Directors authorizing the corporation's execution and delivery of this Loan Agreement and the Note and borrowing hereunder, and such other papers as the Department may reasonably request; and specifying the officer(s) authorized to execute the Loan Agreement and bind the corporation. 4.2 ~ROJ~ The Community and the Business shall have submitted a completed Project schedule on the form provided by the Depadment and received the Department's approval of the Project schedule which approval will not be unreasonably withheld. 4.3 CONSULTATION WITH EMPLOYMENT SERVICES, The Business shall have provided documentation to the Department that it has consulted with the Division of Job Service of the Iowa Department of Employment Services to discuss employment services available from the Division of Job Service. 4.4 LOAN AGREEMENT EXECUTED. The Loan Agreement shall have been properly executed and, where required, acknowledged. , CONTRACT NUMBER 94-PRO-05 PAGE 6 4.5 PROJECT FINANCIAL COMMITMENTS, The Business and Community shall have submitted a letter from each of the following committing to the specified financial involvement in the Project and received the Department's approval of the letters of commitment: Sourc~ .Type Amount ~ City of Iowa City Loan $ 100,000 (0%, 5 years) Kirkwood Comm. College Job Training $ z~00 Moore Business Forms, Inc. Equity Each letter shall include the amount, terms and conditions of,.th~ financial commitment, as well as any applicable schedules. 4.6 RECORDING, The Business and Community shall have properly recorded in the appropriate office of the Recorder of Deeds and/or the Secretary of State any mortgage, security agreement, financing statement or similar document required by the Department under the Loan Agreement, with all recording charges paid. 4.7 SOLID AND HAZARDOUS WASTE REDUCTION PLAN, A Business which generates solid or hazardous waste shall have submitted the following: a. A copy of the completed audit and management plan if the Business has conducted an in-house or an external audit and a corresponding management plan within the last three years; or b. If the Business has not conducted an in-house or external audit and corresponding management plan within the last three years, a copy of a letter from the Iowa Department of Natural Resources or the Iowa Waste Reduction Center indicating they have met with the Business and an external audit has been initiated, or, a copy of the outline of the Business' proposed in-house audit and a description of how and when the audit will be performed. Furthermore, the Business shall submit a copy of the completed in-house or external audit within 30 days of its completion or receipt, which time period shall not exceed 90 days from the disbursement date of the financial assistance. ARTICLE V REPRESENTATIONS AND WARRANTIES OF BUSINESS ' CONTRACT NUMBER 94-PR0-05 PAGE 7 To induce the Department to make the Loan referred to in this Agreement, the Business represents, covenants and warrants that: 5.1 AUTHORITY, The Business is a corporation duly organized and validly existing under the laws of the state of incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Business is duly authorized and empowered to execute and deliver the Loan Agreement. All action on the Business' pad, such as appropriate resolution of its Board of Directors for the execution and delivery of the Loan Agreement, has been effectively taken. 5.2 FINAI~CIAL II~FORMATIOI~, All financial statements and related materials concerning the Business and the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 5.3 APPLICATION, The contents of the application the Business submitted to the Department for CEBA funding is a complete and accurate representation of the Business and the Project as of the date of submission and there has been no known material adverse change in the organization, operation, business prospects, fixed properties or key personnel of the Business since the date the Business submitted its CEBA application to the Department. 5.4 CLAIMS AI~D PROCEEDINGS, There are no actions, lawsuits or proceedings pending or, to the knowledge of the Business, threatened against the Business affecting in any manner whatsoever their rights to execute the Loan or the ability of the Community or Business to make the payments required under the Loan, or to otherwise comply with the obligations of the Business contained under the Loan. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Business, threatened against or affecting the Business or any property or collateral pledged as security for the Loan. 5.5 PRIOI~ A.OREEMENT[ The Community and the Business separately or jointly have not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Loan Agreement. 5.6 EFFECTIVE DATE, The covenants, warranties and representations of this Article are made as of the date of this Agreement and shall be deemed to be renewed and restated by the Business at the time of each advance or request for disbursement of funds. ,'CONTRACT NUMBER 94-PR0~05 PAGE 8 ARTICL~ Vl COVENANTS OF BUSINESS 6.1 AFFIRMATIVE COVENANTS, Until payment in full or required part, or forgiveness of the Loan, the Business covenants with the Community and IDED that: (a) PROJECT WORK AND SERVICES, The Business shall complete the work and services detailed in its CEBA application by the Project Completion Date. (b) JOB ATTAINMENT OBLIGATION, By the Project Completion Date and as the Agreement may require for additional time periods thereafter,, the Business shall have fulfilled its Job Attainment Obligation described in Adicle VII of this Agreement. (c) BUSINESS BETENTION, The Business shall have and maintain in the Community (and State, if required) the Business premises and operations at least through the Agreement Expiration Date. (d) RECORDS AND ACCOUNTS, The Business shall maintain job data information, books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Loan Agreement in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Loan Agreement. The Business shall retain all records for a period of three (3) years from the Agreement Expiration Date. (e) ACCESS TO RECORDS/INSPECTIONS, The Business shall, without prior notice and at any time, permit the Community and its representatives and the Department, its representatives or the State Auditor to examine, audit and/or copy (i) any plans and work details pertainin9 to the Project, (ii) all of the Business' books, records and accounts pertaining to the Project, and (iii) all other documentation or materials related to this Loan; the Business shall provide reasonable accommodations for makin9 such examination and/or inspection. (f) USE OF LOAN FUNDS, The Business shall expend funds received under the Loan only for the purposes and activities described in its CEBA Application and approved by the Department. (g) DOCUMENTATION, The Business shall deliver to the Community and/or IDED, upon request, (i) copies of all contracts or agreements reiatin9 to the Project, (ii) invoices, receipts, statements or vouchers relatin9 to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv) bud9ets and revisions showin9 estimated Project costs and funds required at any given time to complete and CONTRACT NUMBER 94-PRO-05 PAGE 9 pay for the Project, and (v) current and year-to-date operating statements, including but not limited to a Profit and Loss and Balance Sheet, not older than sixty (60) days from the date of request. (h) NOTICE OF PROCEEDINGS, The Business shall promptly notify the Community and IDED of the initiation of any claims, lawsuits or proceedings brought against the Business which could materially, adversely affect the Project and/or the Business's obligations hereunder or involvin9 allegations of fraud or misrepresentation, including, but not limited to, any proceedings to assert or enforce liens against collateral securing the Loan. (i) J]EPORTS. The Business shall prepare, sign and submit the following reports to the Community throughout the terms of this Agreement: Report Due Dat8 Project Schedule Prior to the first draw of CEBA Loan proceeds Semi-Annual Progress Report May 10th and November 10th for the period ending April 30th and October 31st respectively Quarterly "Employer's Contribution and Payroll Report" Semi-Annual Payroll Register Status of CEBA Funds Report Annual Report Final "Employer's Contribution and Payroll Report" May 10th and November 10th for the previous calendar quarter May 10th and November 10th for the payroll period ending April 30th and October 31st respectively To request funds Within 90 days after the Business' fiscal year end Within 30 days after the Project Completion Date Final Expenditure Summary Within 30 days of Project Completion Date Solid and Hazardous Waste PlanWithin 30 days of completion which shall not exceed 90 days from the date of fund disbursement CONTRACT NUMBER 94-PRO-05 PAGE 10 Annual Solid and Hazardous Waste Progress Report March 31 of each calendar year The Business shall prepare, sign and submit the following reports to the Community during the time period beginning with the Project Completion Date and ending with the Agreement Expiration Date: Report Due Date "Employer's Contribution and Payroll Repeal" Within 30 days after Project Completion Date anniversary Business Payroll Register (for the pay period ending closest to the Project Completion Date anniversary) Within 30 days after Project Completion Date anniversary (j) NOTICE OF BUSINESS CRANOE$, The Business shall provide prompt advance notice to the Community and the Department of any proposed change in the Business ownership, structure or control. (k) NOTICE 01: MEETINGS, The Business shall notify the Community and the Department at least ten (10) working days in advance of all Board of Directors and Stockholders meetings at which the subject matter of this Loan Agreement or Project is proposed to be discussed. The Business shall provide the Department with copies of the agenda and minutes of such meetings and expressly agrees that a representative of the Department has a right to attend any and all such meetings, but is limited to participate only in the discussions and items pertaining to the Project and the Loan. The right to attend such meetings shall in all instances be limited to attendance at only that portion of the meeting which specifically involves the Project and/or the Loan. (I) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE, The Business shall maintain the Project properly in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Business shall pay for and maintain insurance against loss or damage by fire, tornado, and other hazards, casualties, and contingencies and all risks from time to time included under "extended coverage" policies. This insurance shall be in an amount not less than the full insurable value of the Project property. The Business shall name the Community and Department as a mortgagee and/or an additional loss payee as appropriate and submit copies of the policies to the Department. , CONTRACT NUMBER 94-PR0~05 PAGE 11 I (m) INDEMNIFICATION, The Business shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, except those losses incurred by the Department resulting from willful misconduct or negligence on its or their part or on the part of its or their agents or employees. The Business shall indemnify and hold harmless the Community, its officers and employees from and against any and all losses, except those losses incurred by the Community resulting from willful misconduct or negligence on its or their part, or on the part of its or their agents or employees which losses shall include losses of the Community incurred in indemnifying and holding harmless the Department. (n) PROJECT FEES. The Business shall promptly pay all appraisal, survey, recording, title, license, permit and other fees and expenses incurred incident to the Loan. (o) INTEREST AND SURPLUS PROCEEDS, The Business shall return all unexpended Loan proceeds and interest accrued on Loan ~roceeds to the Community within thirty (30) days after the Project Completion Date. 6.2 NE6ATIVE COVENANTS. So long as the Business is indebted to IDED and/or Community under the Project Promissory Notes, the Business shall not, without prior written disclosure to the Community and IDED and prior written consent of IDED (unless IDED prior approval is expressly waived below), directly or indirectly: (a) BUSINESS' INTEREST, Assign, waive or transfer any of Business' rights, powers, duties or obligations under this Loan Agreement. (b) PROPERTY/COLLATERAL Sell, transfer, convey, assign, encumber or otherwise dispose of any of tile real property or other collateral securing the Loan. (c) RESTRICTIONS, Place or permit any restrictions, covenants or any similar limitations on the real property and/or other collateral securing the Loan. (d) REMOVAL OF COLLATERAL, Remove from the Project site or the State all or any part of the collateral securing the Loan. (e) RELOCATION OR ABANDONMENT, Relocate its Iowa City operations, physical facilities or jobs (including Created, Retained and Community Base Jobs) assisted with the Loan proceeds outside the Community or abandon its operations or facilities or a substantial portion thereof within the Community during the Loan term. (f) BUSINESS OWNERSHIP. Materially change the ownership structure or control of the business affecting the Project, including but not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting ,' CONTRACT NUMBER 94-PRO-05 PAGE 12 substantial distribution, liquidation or other disposal of business assets directly associated with the Project. Changes in the business ownership, structure or control which do not materially affect the Project shall require forty-five (45) days prior written notice of the Community and Depadment, but not written consent of, the Depadment. The materiality of the change and whether or not the change affects the Project shall be determined by the Department. (g) BUSINESS OPERATION, Materially change the nature of the business being conducted at the Project site, or proposed to be conducted at the Project site, as described in the Business' application for CEBA funding. (h) FUNDS ON HANO, Have more than five hundred dollars ($500.00) in Loan proceeds, including earned interest, on hand for a period longer than thirty (30) days. ARTICLE VII JOB ATTAINMENT OBLIGATION 7.1 COMMUNITY EMPLOYMENT LEVEL, On the Project Completion Date, the Business shall have in the Community a total of 317 FTE Jobs as set forth below: Pr0joct Employment Attainment Obligation Community Base Jobs Retained Jobs Created Jobs 137 50 130 Total 317 7.2 STATE EMPLOYMENT LEVEL. N/A 7.3 CALCULATION OF JOB ATTAINMENT OBLIGATION, The Department has the final authority to assess whether the Business has met its Job Attainment Obligation at the Project Completion Date. The Department shall determine the number of Community Base, Retained and Created FTE Jobs maintained, retained and created by the Business. The Community and the Department reserve the ri9ht to monitor and measure at any time durin9 the A9reement term the number of FTE jobs maintained and/or retained and/or created by the Business. CONTRACT NUMBER 94-PRO~05 PAGE 13 ARTICLE Vlll COVENANTS OF THE COMMUNITY 8.1 AFFIRMATIVE COVENANTS, Until payment in full or required part, or forgiveness of the Loan, the Community covenants with IDED that: (a) PROJECT WORI( AND SERVICES, The Community shall perform work and services detailed in the CEBA application by the Project Completion Date. (b) REPORTS REVIEW. The Community shall review and sign the repods prepared by the Business as required under the Loan A9reement and forward them to the Depadment. The repods shall be submitted by the Community by the 15th of the month of receipt, and for the final reports, within sixty (60) days after the Project Completion Date or A9reement Expiration Date period, whichever is applicable. (c) RECORDS, The Community shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Loan A9reement and shall maintain these materials for a period of three (3) years beyond the Agreement Expiration Date. (d) FILING, The Community shall file in a proper and timely manner any and all Security Instruments required in connection with the Loan, naming the Department as co-security holder as required in Article 9.1 and promptly providing the Department with date-stamped copies of said Security Instruments. The Community shall, at the Department's request, obtain and provide to the Department lien searches or attorney's title opinions. (e) INDEMNIFICATION, The Community shall indemnify and hold harmless the Department, its officers and employees from and a9ainst any and all losses, including any loss due to the failure of the Community to file any and all Security Instruments in a proper and timely manner. (f) REQUESTS FOR LOAN FUNDS, The Community shall review the Business' requests for Loan funds to ensure that the requests are in compliance with the Department's requisition procedures and shall execute and forward the requests to the Department for processin9. (g) REPAYMENTS, The Community shall promptly forward to the Department all Loan repayments received from the Business. .' CONTRACT NUMBER 94-PRO-05 PAGE 14 (h) UNUSED I. OAN PROCEEDS, The Community shall return all unused Loan proceeds, includin9 interest accrued on Loan proceeds, to the Department within thirty (30) days after the Project Completion Date. (i) NOTICE OF MEETINGS. The Community shall notify the Department at least ten (10) days in advance of all public or closed meetings at which the subject matter of this Loan and/or the Project is proposed to be discussed. The Community shall provide the Department with copies of the agenda and minutes of such meetings and expressly agrees that a representative of the Department has the right to attend any such meetings for the purposes of the discussion of the Project and/or the Loan. (j) NOTICE TO DEPARTMENT, In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceedin9 involving the Project or Loan, change in the Business' ownership, structure or operation, or any other similar occurrence, the Community shall promptly notify the Department. (k) RESPONSIIilLITY UPON DEFAULT. If the Business fails to perform under the terms of the Loan Agreement and the Department declares the Business in default, the Community shall be primarily responsible for recovery of Loan proceeds, as well as penalties, interest, costs and foreclosure on collateral. The Depadment may also initiate an action to recover such proceeds, or may intervene in any action commenced by the Community. 8.2 NEGATIVE COVENANTS, During the Loan Agreement term the Community covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) FUNDS ON HAND, Have more than five hundred dollars ($500.00) in CEBA proceeds, includin9 earned interest, on hand for a period longer than thirty (30) days. Surplus proceeds shall be returned to the Department. (b) ASSIGNMENT. Assign its rights and responsibilities under this Loan Agreement. (c) ALTER FINANCIAL COMMITMENTS, Alter, accelerate or othe~ise change the terms of the Community's financial commitment to the Business as set forth in Article 4.5. (d) ADMINISTRATION, Discontinue administration or loan servicing activities under the Loan Agreement. · CONTRACT NUMBER 94-PRO-05 PAGE 15 ARTICLE IX SECURITY 9.1 SECURITY INSTRUMENTS, The Business shall execute in joint favor of the Community and the Department all security agreements, financing statements, roodgages, personal and/or corporate guarantees (hereafter, "Security Instruments") as required by the Department. The followin9 Security Instruments shall be executed by the Business: 1) Corporate Guarantee in the amount of $300,000. 9.2 FINANCING STATEMENT, If the Department requires the filing of a financing statement, the Community shall provide the Department with a copy of the date- stamped financing statement and a certified lien search which reflects the recordation of the security interests of the Department and the Community and all other lienholders of record. The Community shall ensure that the financing statement(s) include language approved by the Depadment to secure its interests. 9.3 MORTGAGE, If the Depadment requires the filing of a modgage, the Community shall provide the Depadment with a copy of the date-stamped, recorded roodgage and an attorney's Opinion of Title reflecting the interests of the Community and the Department. 9.4 COMMUNITY LIABILITY, (a) The Community shall be solely responsible for the proper and timely filing of all Security Instruments executed by the Business pursuant to this Article. (b) The Community's liability under this Loan Agreement is limited to those amounts which the Community recovers from the Business in unused Loan proceeds, enforcement of judgments against the Business and through its good faith enforcement of the Security Instruments executed by the Business under this Article. Notwithstanding this limited financial liability, the Community shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses which are the result of the Community's failure to file, or improper or untimely filing, of any Security Instrument executed by the Business pursuant to this Article. Nothing in this paragraph shall limit the recovery of principal and interest by the Depadment in the event of Community's fraud, negligence, or gross mismanagement in the application for, or use of, sums loaned under the Loan Agreement. · CONTRACT NUMBER 94-PRO-05 PAGE 16 9.5 COST VARIATION. In the event that the total Project cost is less than the amount specified in this Agreement, the CEBA participation shall be reduced at the same ratio as CEBA funds are to the total Project cost, and any disbursed excess above the reduced CEBA padicipation amount shall be returned immediately to IDED with interest at the rate of six percent (6%) per annum from the date of disbursement by IDED. ARTICLE X DEFAULT AND REMEDIES 10.1 EVENTS OF DEFAULT, The following shall constitute Events of Default under this Loan Agreement: (a) MATERIAL MISREPRESENTATION, If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of, the Business or Community in connection with this Loan Agreement or to induce the Depadment to make a loan to the Community and/or Business shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Business or Community. In no event will the Business be deemed to be in default hereunder by reason of the fraud or misrepresentation of the Community. (b) NON.PAYMENT, If the Business fails to make a payment when due under the terms of this Loan Agreement within thirty (30) days following written notice of such overdue payment is given to the Business by the Department. (c) NONCOMPLIANCE, If there is a failure by the Business or Community to comply with any of the covenants, terms or conditions contained in this Agreement or Security Instruments executed pursuant to this Agreement. (d) PROJECT COMPLETION DATE, If the Project, in the sole judgment of the Department, is not completed on or before the Project Completion Date. (e) JO0 ATTAINMENT OBLIOATION, If the Business, in the exclusive judgment of the Department, fails to meet its Job Attainment Obligation. (f) BUSINESS CHANGER If there is a material change in the Business ownership, structure or control which occurs without the prior written disclosure to and if required, written permission of the Department. (g) RELOCATION OR AOANDONMENT. If there is a relocation or abandonment of the Business or jobs created or retained under the Project. CONTRACT NUMBER 94~PRO-05 PAGE 17 (h) MISSPENDING, If the Business or Community expends Loan proceeds for purposes not described in the CEBA application or authorized by the Department. (i) II~SOLVEIgCY OR RANI(RUPTCY If the Business becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Business applies for or consents to the appointment of a trustee or receiver for the Business or for the major part of its property; or if a trustee or receiver is appointed for the Business or for all or a substant!al part of the assets of the Business and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Business and, if instituted against the Business, is consented to, or, if contested by the Business is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution. (j) INSURANCE, If loss, theft, damage or destruction of any substantial portion of the property of the Business occurs for which there is either no insurance coverage or for which, in the opinion of the Depadment, there is insufficient insurance coverage. (k) INSECURITY, The Department shall deem itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the value of its collateral is or will be materially impaired. 10.2 REMEDIES UPON DEFAULT, Upon the happening of any Event of Default, the Department shall have the ri9ht, in addition to any rights and remedies available to it under any of the Security Instruments, to require immediate repayment of the full amount of funds disbursed to the Business and Community under the Loan A9reement plus interest without presentment, demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are expressly waived by the Business. 10.3 FAILURE TO MEET JOB ATTAINMENT OBLIOATION, If the Business is determined by the Department to be in default of the Loan A9reement due to meeting less than one hundred percent (100%) of its Job Attainment Obligation, the Department may require full Loan repayment as described in section 10.2 above or, at its discretion, the Department may permit repayment of Loan proceeds using the following criteria: CONTRACT NUMBER 94-PRO-05 PAGE 18 (a) FORGIVARLE LOANS, LOANS, BUY-DOWNS AND INTEREST SUBSIDY AWARDS, if the CEBA award is a For9ivable Loan, interest buy-down or interest subsidy, the Department may require repayment of Loan proceeds as follows: If the Business fails to achieve at least fifty percent (50%) of its Job Creation obligation at the Project Completion Date, one hundred percent (100%) of the Loan amount shall be repaid at an annual interest rate as determined periodically by the IDED Board. Interest will be calculated and accrue from the date Loan proceeds were disbursed to the Community on behalf of the Business. it. If the Business achieves fifty percent (50%) or more of its Job Creation Obligation as of the Project Completion Date and maintains or exceeds that greater than fifty percent (50%) achievement level for thirteen (13) weeks past the Project Completion Date, the Depadment will require repayment of a percentage of the Loan proceeds. The Loan amount will be prorated between the percentage of FTE Jobs created and the percentage of shortfall as of the Project Completion Date. The Depadment will amend the Job Creation Obligation to require that said pro rata percentage of FTE Jobs created will be the Job Creation Obligation at the third (3rd) year anniversary of the Project Completion Date. The pro rata amount of the Loan associated with the percentage of shodfall will be amortized over the remaining term of the Forgivable Loan, or in the case of an interest buydown or interest subsidy, over three (3) years beginning at the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. And, if the Business has fewer Created Jobs at the third (3rd) year anniversary of the Project Completion Date than it had at the Project Completion Date and for the thirteen weeks thereafter, all as measured by the Department, then the Department will require immediate repayment of the pro rata amount, on the per job basis as calculated at the Project Completion Date, associated with that increment of new shortfall. iii. if the Business achieves its Job Creation Obligation as of the Project Completion Date and maintains that achievement level for thirteen (13) weeks past the Project Completion Date but fails to fulfill its Job Creation Obligation at the third (3rd) year anniversary of the Project Completion Date, the Department will require repayment of a percentage of the Loan proceeds. The Loan amount will be prorated between the percentage of FTE Jobs created and the percentage of shodfall as of the third (3rd) year CONTRACT NUMBER 94-PRO-05 PAGE 19 anniversary of the Project Completion Date. The pro rata amount of the Loan associated with the percentage of shortfall will be amortized over three (3) years beginning at the third (3rd) year anniversary of the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. (b) CONVENTIONAL LOANS, If the Business received a Loan at a rate that is below the annual interest rate for non-compliance as set periodicaRy by the IDED Board, the remaining principal amount of the Loan may be prorated between the percentage of FTE Jobs created and the percentage of the shortfall. The shortfall principal portion may be amodized over the remaining term of the Loan, beginning at the Project Completion Date, at an annual interest rate as determined periodically by the IDED Board. Interest will be charged beginnin9 from the date Loan proceeds were disbursed to the Community on behalf of the Business; interest accrued from this date will be due immediately. The pro rata podion of the Loan associated with the percentage of FTE Jobs created will be amortized at the original rate and term. (c) LOANS WITH A DEFERRED PAYMENT PERIOD, If the Business received a Loan at a rate that is below the annual interest rate for non-compliance as set forth periodically by the IDED Board, the remainin9 principal amount of the Loan may be prorated between the percentage of FTE Jobs created and the percentage of shodfail. The shodfall principal portion will be amortized over the three (3) years beginning at the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. Interest will be charged from the date Loan proceeds were disbursed to the Community on behalf of the Business; interest accrued from this date will be due immediately. The accomplished portion of the Loan will be left at the original rate and term. DISBURSEMENT PROCEDURES 11.1 REI]UEST FOR REIMBURSEMENT. All disbursements of proceeds shall be subject to receipt by the Department of requests for disbursement submitted by the Community. Requests for disbursement shall be in form and content acceptable to the Department. 11.2 LIMIT ON LOAN PROCEEDS ON HAND, The Community and the Business shall request Project funds only as needed and shall not have more than five hundred dollars ($500.00) of Loan proceeds, including earned interest, on hand for a period of longer than thirty (30) days, after which time any surplus amount shall be returned to the Depadment. CONTRACT NUMBER 94~PRO-05 PAGE 20 ARTICLE Xll G~:NERAL TERMS AND PROVISIONS 12.1 BINDING EFFECT. This Loan Agreement shall be binding upon and shall inure to the benefit of the Department, Community and Business and their respective heirs, successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgements, waivers, agreements, terms, provisions and conditions of this Loan Agreement shall be jointly and severally enforceable against the parties to this Loan Agreement. 12.2 COMPLIANCE WITH LAWS AND REGULATIONS, The Community and Business shall comply with all applicable State and federal laws, rules (including the administrative rules adopted by the Department for the CEBA Program - 261 Iowa Administrative Code, chapter 22), ordinances, regulations and orders. 12.3 TERMINATI0f9 FOR CONVENIENCE. In addition to termination due to an Event of Default or nonappropriation of CEBA funds, this Loan Agreement may be terminated in whole, or in part, when the Department, Community and the Business agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of Loan funds. The Department, Community and Business shall agree upon the termination conditions. The Community and Business shall not incur new obligations after the effective date of the termination and shall cancel as many outstanding obligations as is reasonably possible. The Department will allow full credit to the Community or the Business for the Department share of the noncancellable obligations allowable under the Loan Agreement and properly incurred by the Community or Business prior to termination. 12.4 PROCEDURE UPON TERMINATION, If the Loan Agreement is terminated for convenience, an Event of Default or nonappropriation of CEBA funds, disbursements shall be allowed for costs up to the date of termination determined by the Department to be in compliance with this Loan Agreement. The Community and the Business shall return to the Department all unencumbered Loan proceeds within one (1) week of receipt of Notice of Termination. Any costs previously paid by the Department which are subsequently determined to be unallowable through audit, monitoring or closeout procedures shall be returned to the Department within thirty (30) days of the disallowance. 12.5 SURVIVAL OF AGREEMENT, If any portion of this Loan Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Loan Agreement shall survive the execution of all instruments herein mentioned and shall continue in full force until the Loan is paid in full. ' CONTRACT NUMBER 94-PR0-05 PAGE 21 12.6 GOVERNING LAW, This Loan Agreement and all Security Instruments shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Loan Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Coud for the Southern District of Iowa. 12.7 MODIFICATION, Neither this Loan Agreement nor any provision of the Security Instruments executed in connection with this Loan Agreement may be changed, waived, discharged or terminated orally, but only by a written document signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 12.8 NOTICES, Whenever this Loan Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the pady to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail, as Certified Mail, Return Receipt Requested. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the addresses of the Business and Community set forth heretofore, as modified from time to time, as being the addresses of the Community and Business. 12.9 INVESTMENT OF LOAN FUNDS, Temporarily idle Loan proceeds held by the Community or Business may be invested provided such investments shall be in accordance with State law, shall be controlled by the Community or Business, and any interest accrued shall be credited to and expended on the Project prior to the expenditure of other Loan proceeds. All Loan proceeds remaining, including accrued interest, after all allowable Project costs have been paid or obligated shall be returned to the Department within thidy (30) days after the Project Completion Date. 12.10 RESOLUTION OF DISAGREEMENT, In the event of any disagreement between the parties to this Loan Agreement relating to the technical competence of the work and services being performed and its conformity to the requirements of this Loan Agreement, the Department shall resolve the disagreement. The decision of the Department shall be binding on the Community and the Business. 12.11 _WAIVERS, No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. '. CONTRACT NUMBER 94-PR0-05 PAGE 22 12.12 LIMITATION, It is agreed between the Community and the Business that the Department shall not, under any circumstances, be obligated financially under this Loan Agreement except to disburse funds according to the terms of the Agreement. 12.13 ENFORCEMENT EXPENSES, The Business shall pay upon demand any and all reasonable fees and expenses of the Community and/or the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department and/or Community under the Loan Agreement. 12.14 .HEADINGS, The headings in this Loan Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Loan Agreement. 12.15 FINAl. AUTHORITY, The Department shall have the final authority to assess whether the Business has met its Job Attainment Obligation and whether the Community and Business have otherwise complied with the terms of this Agreement. 12.16 INTEGRATION, This Loan Agreement contains the entire understanding between the Community, Business and the Department and any representations that may have been made before or after the signing of this Loan Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Loan Agreement. 12.17 .COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Loan Agreement on the latest day and year specified below. COMMUNITY: Attorney for City of Iowa City DATE: ._5~- ~/- ?..~ CONTRACT NUMBER 94-PRO-05 PAGE 23 City of Iowa City Tl~e Honorable Susan M. Ho~ DATE: ..~/~/¢6 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: 1Vlichael E. Miller, Bureau Chief Bureau of Business Finance DATE: BUSINESS: Moore,Business Forms.¢ Inc. hades T. Ryan, Assi t~Secretary ,. Promissory Note 94-PRO-05 Page 24 ( A'FI'ACHMENT B1 PROMISSORY NOTE - BUSINESS IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CEBA PROGRAM PROMISSORY NOTE Loan Number: _. 94-PRO-05 $ 300,000 Des Moines, Iowa (City and State) January 20. 1994 (Date) FOR VALUE RECEIVED, the undersigned (hereafter called the "Maker") promises to pay to the order of the City of Iowa City(hereafter called the "Payee"), at its office at 410 E. Washington, Iowa City, Iowa 52240-1826, or upon notice to the Maker, at such other place as may be designated from time to time by the holder, the principal sum of THREE HUNDRED THOUSAND ($300,000) dollars, at _SIX percent [6%] interest to be paid as follows: A five-year $300,000 forgivable loan. There will be no principal or interest payments or accruals for years one and two. At the project completion date, if the Business has fulfilled at least 50% of its job creation obligation, $1,667 will be forgiven for each new FTE job created and/or retained and maintained for at least ninety days past the project completion date. Any balance (shortfall) will be amortized over the remaining three years of the contract period (beginning at the project completion date) at six (6%) percent interest per annum with equal annual payments. And, interest will be charged at six (6%) percent per annum from the date of the first CEBA disbursement on the shortfall amount with that amount accrued as of the project completion date being due and payable immediately. And, furlher, the Department will at the end of the contract period determine the number of full-time equivalent jobs, and, if that number is less than the number at the project completion date, the Business will reimburse funds to the Department on the cost-per-job basis set out above. If the Promissory Note 94-PRO-05 Page 25 Business has failed to fulfill at least 50% of its job creation obligation, 100% of the CEBA award will be repaid as the shortfall amount under the above- described terms and conditions. 1. Payments. All payments under the Note shall be applied in this order: (1) to interest, and (2) to principal. 2. Loan Agreement; Acceleration Upon Default. This Note is issued by Maker to evidence an obligation to repay a loan according to the terms of Loan Agreement # 94-PRO-05 of January 20, 1994 between the Payee and Maker and, at the election of the holder without notice to the Maker, shall become immediately due and payable in the event any payment is not made when due or upon the occurrence of any event of default under the terms of the Loan Agreement. 3. Reduced Amount. In the event the Maker falls to requisition and spend the full face amount of the Note as set out above, then the amount of each installment payment shall be reduced accordingly in equal amounts. 4. Security. Payment of this Note is secured by a Corporate Guarantee and the holder is entitled to the benefits of the security therein described. In case of a decline in the market value of the collateral, or any part thereof, the Payee may demand that additional collateral of quality and value satisfactory to holder be delivered, pledged and transferred to holder. D. Waiver. No delay or omission on the part of the holder in exercising any right under this Note shall operate as a waiver of that right or of any other right under this Note. A waiver on any one occasion shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion. 6. Waiver of Protest. Each maker, surety, indorser and guarantor of this Note, expressly waives presentment, protest, demand, notice of dishonor or default, and notice of any kind with respect to this Note. 7. Costs of Collection. The Maker will pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collectin9 and/or enforcing this Note on default. 8. Meaning of Terms. As used in this Note, "holder" shall mean the Payee or other indorsee of this Note, who is in possession of it, or the bearer hereof, if this Note is at the time payable to the bearer. The word "Maker" shall mean each of the undersigned. If this Note is signed by more than one person, it shall be the joint and severaJ liabilities of such persons. : I~romissory Note 94-PRO-05 Page 26 Moore Business Forms Inc. 275 North Field Drive Lake Forest, Illinois 60045 9. Miscellaneous. The captions of paragraphs in this Promissory Note are for the convenience of reference only, shall not define or limit the provisions hereof and shall not have any legal or other significance whatsoeve,~ ADDRESS: BY ( 'gnature of Secretary) Promissory Note 94-PRO-05 Page 27 ATTACHMENT B2 PROMISSORY NOTE - COMMUNITY IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CEBA PROGRAM PROMISSORY NOTE Loan Number 94-PRO-05 Des Moines, Iowa (City and State) $ 300,000 January 20. 1994 (Date) FOR VALUE RECEIVED, the undersigned (hereafter called the "Maker") promises to pay to the order of the State of Iowa, Department of Economic Development (hereafter called the "Payee"), at its office at 200 East Grand Avenue, Des Moines, Iowa 50309, or upon notice to the Maker, at such other place as may be designated from time to time by the holder, the principal sum of THREE HUNDRED THOUSAND ($300,000) dollars, at _SIX percent [6%] interest to be paid as follows: A five-year $300,000 forgivable loan. There will be no principal or interest payments or accruals for years one and two. At the project completion date, if the Business has fulfilled at least 50% of its job creation obligation, $1,667 will be forgiven for each new FTE job created and/or retained and maintained for at least ninety days past the project completion date. Any balance (shortfall) will be amortized over the remainin9 three years of the contract period (beginning at the project completion date) at six (6%) percent interest per annum with equal annual payments. And, interest will be charged at six (6%) percent per annum from the date of the first CEBA disbursement on the shortfall amount with that amount accrued as of the project completion date being due and payable immediately. And, further, the Department will at the end of the contract period determine the number of full-time equivalent jobs, and, if that number is less than the number at the project completion date, the Business will reimburse funds to the Department on the cost-per-job basis set out above. If the Business has failed to fulfill at least 50% of its job creation obligation, 100% of Promissory Note 94-PRO-05 Page 28 the CEBA award will be repaid as the shortfall amount under the above- described terms and conditions. 1. Payments. All payments under the Note shall be applied in this order: (1) to interest, and (2) to principal. 2. Loan Agreement; Acceleration Upon Default. This Note is issued by Maker to evidence an obligation to repay a loan according to the terms of Loan Agreement # 94-PRO-05 of January 20. 1994 between the Payee and Maker and, at the election of the holder without notice to the Maker, shall become immediately due and payable in the event any payment is not made when due or upon the occurrence of any event of default under the terms of the Loan Agreement. 3. Limitation. Maker's liability for the repayment of this Note is limited to those amounts Maker collects through its good faith enforcement of security interest which Maker represents that it has obtained or will obtain as required by the above- referenced Loan Agreement. Upon exhaustion of its rights in the collateral granted by such security interest, the Maker will have no liability for any deficiency owing Payee under this Note. Nothing in this paragraph shall limit the recovery of principal and interest by Payee in the event of Makeds fraud, negligence, or gross mismanagement in the application for, or use of, sums loaned under the above-referenced Loan Agreement. 4. Reducod Amount. In the event the Maker fails to requisition and spend the full face amount of the Note as set out above, then the amount of each installment payment shall be reduced accordingly in equal amounts. 5. Security. Payment of this Note is secured by a Corporate Guarantee and the holder is entitled to the benefits of the security therein described. In case of a decline in the market value of the collateral, or any part thereof, the Payee may demand that additional collateral of quality and value satisfactory to holder be delivered, pledged and transferred to holder. 6. Waiver. No delay or omission on the part of the holder in exercising any right under this Note shall operate as a waiver of that right or of any other right under this Note. A waiver on any one occasion shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion. 7. Waiver of Protest. Each maker, surety, indorser and guarantor of this Note, expressly waives presentment, protest, demand, notice of dishonor or default, and notice of any kind with respect to this Note. Promissory Note 94-PRO~05 Page 29 I], Costs of Collection. The Maker will pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. 9. Meaning of Terms. As used in this Note, "holder" shall mean the Payee or other indorsee of this Note, who is in possession of it, or the bearer hereof, if this Note is at the time payable to the bearer. The word "Maker" shall mean each of the undersigned. If this Note is signed by more than one person, it shall be the joint and several liabilities of such persons. 10. Miscellaneous. The captions of paragraphs in this Promissory Note are for the convenience of reference only, shall not define or limit the provisions hereof and shall not have any legal or other significance whatsoever. ADDRESS: · City of Iowa City City Hall. 410 E. Washington Iowa City. Iowa 52240-1826 COMMUNITY: usan M. Horowitz, Mayor (,Signature of City Clerk) CEBA PROJECT .... ..... ,-.......,DESCRIPTION Building Acquisition Activity 2: Hachinery and Equipment Hoore Business Forms Program Year: ~.994 IOWA CEBA RECIPIENT BUDGET SUMMARY tJob Obligation ~ CommS-Base · Reta±ned' Created' Total 94-0PP-05 PERFORMANCE 13'7 $300,000 50' 130 3-~7 ~Ac .t ! vi t_y___3: Furniture & Fixtures A_._.c_t ivi t y 4: Working Capital Actlvit¥ 5!, ~ , Job Training · 259-0167 i Total Arnorant of All Funds Budgeted $300,000 Original ~,mendment # AMOUNT BUDGETED CIP. 3USINESS OTHER TOTAL NDS FUNDS $234,000 $534,0t,~ r,000 $465,000 $565,000 $545.000 $545,000 $.301,000 $' 301,000 Kirkwood' :Comm. Col. 30 $1,244,00{$ 301,000 $1,945,000 $100 $100,000 C£BA t Name of Recipient Iowa City, City of Moore Business Forms _(94-0PP-05) IO~/A CEBA RECIPIENT PROGRAM SCHEDULE 1994 PROJECT ACTIVITY: For91vable Loan 1st QTR, to City of Iowa City for Moore Business Forms Milestones: A I N 1.Building Acquisition 2rid QTR, ]rd QTR. -I ....J_J~": !'t,' I I 2'Nachinery and Equipment 239,592 3. I ~ Furniture & Fixtures 108,195 q'Working Capital $.Job Training 6. Job Creation Goals 40,129 335,404 ) L I 6,596 40,494 I I ' 282558 153,663 1995 qth QTR. 158,916 -' 139,297 ) ! 249 165,163 285 314 75,000 --~ 322 Forgivable Loan to City o~ Iowa City for Noore Business Forms Milestones: 1.Building Acquisition 2.Nachinery and Equipment 3. Furniture & Fixtures q. Wo~king Capital 1995 5th QTR. A /4 I d 13g,296 1996 6th QTR. 7th QTR. 8th QTR. · F~~' ~?~J i~':~,,.:"I 5'dob Training 6'Jo~ Creation Goals 7. 45,000 16,537 269-0168 PROMISSORY NOTE AGREENIENT This Agreement is made between the City of Iowa City, Iowa, a municipal corporation ("City") and Moore Business Forms, Inc. ("Business"). WHEREAS, it is in the public interest to use state and local funding to encourage economic development in Iowa City, Iowa, and to assist in the expansion of the Moore Business Forms facility in Iowa City, Iowa; and WHEREAS, City has applied for, and obtained, a Community Economic Betterment Account Loan (CEBA) from the Iowa State Department of Economic Development ("State") in the amount of 9300,000, to be loaned to Moore Business Forms as provided by Chapter 15 of the Code of Iowa (1993); and WHEREAS, in return for the 9300,000 CEBA Loan, Moore Business Forms has promised to expand its plant ("Plant") in Iowa City, and to create 130 full-time employment positions and retain 50 full-tir.~e employment positions over a two-year period; and WHEREAS, an additional $100,000 is needed to offset machinery and equipment costs; and WHEREAS, State has approved City's loan to Moore Business Forms in an amount of 9100,000 as an integral part of the overall CEBA Loan from the State without any additional employment requirements beyond the 180 positions in the aggregate, contingent on City and Moore Business Forms entering into a separate Promissory Note Agreement. NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows: City agrees to loan to Moore Business Forms the sum of One Hundred Thousand Dollars (9100,000) for use in purchasing machinery and equipment for its facility located at 1960 South Riverside Drive, Iowa City, Johnson County, Iowa. Moore Business Forms agrees to repay to City the principal amount of $100,000 over a five (5) year period. Repayment shall commence July 1, 1996, with annual payments as follows. Final payment shall be due no later than July 1, 2000. Repayment Schedule Year Payment Principal Interest Balance 9100,000 1 920,000 920,000 90 80,000 2 20,000 20,000 0 60,O00 3 20,000 20,000 0 40,000 4 20,000 20,000 0 20,000 5 20,000 20,000 0 O $100,000 8100,000 80 Moore Business Forms agrees this Promissory Note Agreement ("Agreement") is secured by a stand-by irrevocable letter of credit, the form of which is reasonably ¢ 2 10. 11. satisfactory to City, in the initial amount of ~100,000 with a declining balance consistent with the loan repayment schedule set forth in Paragraph 2. Said standby irrevocable letter of credit, drawn on Harris Trust and Savings Bank, Chicago, Illinois, is incorporated by this reference as if fully set forth herein. The parties agree this Promissory Note Agreement is not assignable without the written consent of both parties; and that the Iowa City Manager shall act as City's designee and agent for any such purpose. Moore Business Forms states that it is not now, nor shall it be, the subject of bankruptcy, reorganization or insolvency procedures. Moore Business Forms also agrees it will not permit any material changes to take place in its financial status from the time this Promissory Note Agreement is executed until the time the loan is made by the City of Iowa City. Moore Business Forms states it shall furnish evidence satisfactory to the City that Moore Business Forms is duly organized and in good standing; and that Moore Business Forms has been properly authorized to enter into this Agreement, and to comply with the terms set out herein. Moore Business Forms also specifically agrees to give notice to City within ten days of any material change in Moore Business Forms' financial structure. Moore Business Forms warrants there are no suits, actions or other procedures pending or to its knowledge threatened against it, or against any of its properties in any court, or by any federal, state, municipal, or other government agency which would materially adversely affect its obligations under this Agreement. Parties agree that in the event Moore Business Forms fails to make payment in full to City, as provided in the Repayment Schedule above, the City will provide Moore Business Forms a written notice to cure, requesting payment be made in full, within 30 days after notice is mailed ("cure period"). Moore Business Forms agrees that if the delinquent payment is not received within the cure period, Moore Business Forms shall be deemed in default. The City may then accelerate the Loan and require Moore Business Forms to pay the full amount of the principal outstanding upon written notice of same. The City may then also exercise its right to draw funds on the irrevocable standby letter of credit described in Paragraph 3 above. Any waiver by the City of this right to declare default and collect full payment immediately will not be construed to be a waiver of any subsequent default, as defined herein. Parties agree that nothing in this Agreement shall preclude Moore Business Forms from making early payments on the principal before due; and that such prepayment may be made without penalty. Moore Business Forms agrees to execute any releases required by City to perform an adequate check on creditworthiness; and Moore Business Forms agrees to provide information on its financial structure on a form required by the City. For purposes of notice or information requests herein, Parties agree the following persons and addresses shall be designated; 12. 13. 14. For City of Iowa City: Stephen J. Atkins, City Manager City of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 Phone: 319-356-5010 For Moore Business Forms; Moore Business Forms, Inc. 1960 South Riverside Drive Iowa City, Iowa 52246 Attn: Plant Controller City agrees to release the funds in the amount of ~ 100,000 to Moore Business Forms upon receipt of an executed copy of this Agreemer, t and the original irrevocable standby letter of credit in the form attached hereto and as described in Paragraph 3 above. This Promissory Note Agreement shall be recorded in the Johnson County Recorder's Office, after execution; and shall be deemed to be notice to the public of this Agreement. If City is required to enforce its rights in this Agreement in any court of law or equity, Moore Business Forms agrees to pay all costs of collection, including reasonable attorney's fees and court costs, as incurred by the City. 15. If any questions should arise as to the interpretation of this Agreement, Parties agree that Iowa law shall be controlling. Dated this /( day of 771.~. ,1995. CITY OF IOWA CITY v~las to fo ~ ~-, City Clerk 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this // day of T'ft..~. ,19 9% , before me, -~-+~ , a Notary Public in and f(~r-the State of Iowa, personally appeared Susan M. Horowitz 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 oi the corporation, by authority of its City Council, as contained in (Ordi~.a~ce) (Resolution) No. passed (the Resolution adopted) by the City Council on the _.,,~__/-4~ day of ~ - , 19 ~5 , and that Susan M. Horowitz 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. MOORE BUSINESS FORMS, INC. Notary Public in and for the State of Iowa BYl Plant Manager Ch,rlu?~n,A~t. Sa~t~r¢ STATE OF I~"~vVA ) L4~ ) ss: J~.~.t:~:~f]~l~ COUNTY) On thistle_ day of ,~ ~ L.-. ,1 9~_t_~, before me, the under. signed, a Notary Public in and for the State of lowa, personally appeared ~'/-/4'f~Z--~'~; ~ ~ , to me known, who being by me duly sworn, did say that the person is the ~ant Menagc~ for Moore Business Forms, Inc., and by separate Resolution said person is authorized to act on behalf of said Company, and that said person acknowledges the execution of the instrument as the voluntary act and deed of the Pa~no~hip. Notary Public in and for the State of ~".,~TT~.,.~,o ~4~ Th~ t. A Non-~le~ot~le Inf~umeat (D~att CoI~ Only) 2000 ~]:CIA~t~ l 2.995 ~ ~ 8AZ~ D~IFAU~T P,.]~IA;C~ U~"U~I~ AS OF ~r]~S DA~.'~ $~00,000.00' $80,000.00 $60,000,00 $40,000.00 ~20,ooo.oo 8/1/00 AGGI~GATB. 22/~/97 ~/~/99 12/~/oo OF CRI~DIT KAY lET ~ G~00,000.00 ~N T~ A'~ '$'== cc~elit$ OF ~z8 ~, 311 ~ I. S0NI~OS MAY I '85 13:58 Tl~ II & )]O~*H~tttt)~ L~'~'um~t.(Drlft Copy Only) t{O~ L&~Z~q ~I~,M IX~X~ D~'B= NOV~t ~L, 2000. ~AY I '~5 10:59 31~ 461 7395 PRSE.ga3 City of Iowa City MEMORANDUM Date: May 4, 1995 To: From: City Manager and City Council David Schoon, Economic Development Coordinator'-~ Re: Moore Business Forms Community Economic Betterment Account Loan Agreement and Promissory Notes, and Promissory Notes with City On January 18, 1994, the City Council approved a resolution authorizing the submission of an application for Community Economic Betterment Account (CEBA) funding on behalf of Moore Business Forms, which included a local contribution in the form of a no interest loan from the City. On January 20, 1994, the Iowa Department of Economic Development approved a $300,000 forgivsble loan for Moore's expansion plan. The resolution on your agenda authorizes the Mayor to sign the loan agreement and promissory notes for the $300,000 CEBA forgivable loan and the promissory note for the $100,000 five year no interest loan from the City. Once the executed loan agreement and promissory notes are submitted to the State funds can be released to Moore Business Forms for the project. A representative from Moore Business Forms will be present at your May 8, 1995 work session to provide a brief update regarding the status of the project. If you have any questions prior to the work session, please call me at 356-5236. cc: Brian Rady, MBF Bill Noon, MBF Mike Swesey, IDED Karin Franklin f:~...\proepect~mbf~corresp~rnbf0§0e.cc RESOLUTION NO. 95-109 RESOLUTION RATIFYING SETTLEblENT OF PENDING LITIGATION WHEREAS, in August, 1994, the City Council authorized the Cily Attorney to acquire, via negotiation and/or condemnation, land necessary for the Iowa City water supply and treatment facility, to be located on approximately 229 acres located north of Interstate 80 and west of Nodh Dubuque Street; and WHEREAS, in November, 1994, the City of Iowa City received permission from the Chief Judge of the Sixth Judicial District of Iowa, in and for ,Johnson County, to request the shedff convene a "sheriff's jury" or compensation commission, as provided by Iowa law, to condemn the property rights necessary for the Iowa City water supply and treatment facility; and WHEREAS, in November 1994, the City of Iowa City condemned approximately 229 acres of land from Washington Park Partners, comprised of Bruce Glasgow, Frank Boyd and John Rummelhart, Sr., with the condemnation commission awarding to Washington Park Partners the amount of $3,250,000 in "just compensation"; and WHEREAS, on November 18, 1994, Washington Park Partners filed a declaratory judgment action against the City, challenging the City's lawful right to condemn all interests in the entire 229 acres, Johnson County Docket No. 55120; and WHEREAS, in December, 1994, both the City and Washington Park Partners filed condemna- tion appeals to the District Court, challenging the amount of the Washington Park Partners' damage award, Johnson County Docket Nos. 56193 and 56212, respectively; and WHEREAS, the City and Washington Park Partners now wish to settle their differences without any further litigation as a reasonable means of avoiding additional costs and possible delays attendant thereto; and WHEREAS, the City Council, in executive session, has authorized settlement of pending litigation between the City of Iowa City and Washington Park Partners, as noted above and as in the best interest of the City and the padies involved; and WHEREAS, Chapter 21, Code of Iowa (1993) concerning the open meetings law, requires the ratification of said settlement resolving the above-named actions, in consideration for Washington Park Partners' full release and dismissal of its declaratory judgment action and its condemnation appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: In consideration of the compensation commission award to Washington Park Partners for its interests in approximately 229 acres in the amount of $3,250,000, plus statutory interest at the rate of 10% calculated from the date of the City's deposit of the monies with the Shedff November 30, 1994, until the date the money was released by court order, namely March 14, 1994, for a total amount of statutory interest of $92,602.74, Washington Park Partners shall execute all necessary releases requested by the City Resolution No. 95-109 Page 2 Attorney, and shall file a dismissal with prejudice of its declaratory judgment action, Johnson County Docket No. 56120, and shall also file a dismissal with prejudice in Washington Park Partners' condemnation appeal. Johnson County Docket No.56212. In further consideration of this settlement, VVashincton Park Partners shall, together with their attorney William L. Meardon, waive any rights to attorney fees under Iowa law, and shall also pay their own court costs attendant to the cases cited in this paragraph. Washington Park Partners, comprised of Bruce Glasgow, John Rummelhart, Sr. and Frank Boyd, in consideration of full satisfaction of its condemnation award in the amount of $3,250,000, has already properly executed an assignment of rights and quit claim in the _+5 acres which are now subject to the City's quiet title action, further described in paragraph 3, '.,¢hich assignment shall be in recordable form, and shall be delivered to the City Attorney for recordation, at Washington Park Partners' expense. City and Washington Park Partners acknowledge that the question of title concerning the five acres surrounding the .45 acres condemned from James Glasgow in November, 1994, shall be settled via a quiet title action now on file in the Johnson County District Court, Docket No. 56472, and that neither the condemnation appeal, nor the declaratory judgment action, are appropriate legal remedies to entirely "clear the title" over the approximately five acres which James Glasgow now claims. As further consideration of this settlement, Washington Park Partners' agree to permit the City to deposit the total statutory interest of $92,603 in an interest bearing escrow account pending the resolution of said quiet title action. City and Washington Park Partners further agree that if said quiet title action is resolved in favor of the City of Iowa City, Washington Park Partners shall be entitled to the full $92,603; but that if said quiet title action is resolved adverse to the City of Iowa City's interests, Washington Park Partners shall relinquish any and all claim, right and interest in the escrowed amount representing a diminution in the condemnation award commensurate with the 4.5 acres or $64,500, plus any prorated share of the interest earned by such amount. In this instance, Washington Park Partners shall be remitted the remainder $27,603 plus accrued, prorated interest. In further consideration of settlement, Washington Park Partners shall furnish all information regarding the sand bodngs taken from the 229 acre site, which borings show the quantity and quality of sand and gravel still located on the approximately 229 acres. As further consideration, all terms of this settlement agreement shall be memorialized in a written stipulation of settlement to be executed by the City of Iowa City, Bruce Glasgow, Frank Boyd and John Rummelhart, Sr. on behalf of Washington Park Partners, as authorized by this Resolution. Upon execution of said stipulation, Washington Park Partners shall also execute and file all necessary releases and dismissals as referenced in Paragraph 2 above, and the City shall file a dismissal with prejudice of its condemnation appeal against Washington Park Partners, Docket #56193. Finally, the parties agree that this settlement is in the best interest of the City in order to proceed with the Iowa City water supply and treatment facility project without further litigation and without the additional costs and possible delays attendant thereto. Resolution No. 95-109 Page 3 Passed and approved this q~, day of Hay , 1995. ATTEST: CITY'CLERK ~ C~ney's Office ,._,z--...,~_/~,.5---- It was moved by bcbman and seconded by be adopted, and upon roll call there were: Movick the Resolution AYES: NAYS: ABSENT: M,,~washing2.res X Baker Horowitz Kubby Lehman Novick Pigott Thingmorion Resolution No. Page 2 Attorney, and shall file a dismissal with prejudice of its declaratory judgment action, Johnson County Docket No. 56120, and shall also file a dismissal with prejudice in ~ '~ington Park Padnets' condemnation appeal, Johnson County Docket No.56212. er consideration of this settlement, Washington Park Partners shall, together with William L. Meardon, waive any dghts to attorney fees under Iowa law, and shall their own court costs attendant to the cases cited in this paragraph. Washi~ Frank Boyd, of $3,250,00 the +_5 acres paragraph the City Attorne' Partners, comprised of Bruce Glasgow, John RummelSt. and consideration of full satisfaction of its condemnation awar properly executed an assignment of tic quit claim in now subject to the City's quiet title acti described in assignment shall be in recordable form, a~ be delivered to recordation, at Washington Park Partne City and the five. 1994, shall be Court, Docket N~ and that neithe judgment action, are a topdate legal approximately five acres hich James of this settlement, Washi~ on Park Pa~ total statutory interest of~ in a ne gt Park Partners acknowledge thatJestion of title concerning ng the .45 acres ~ James Glasgow in November, a quiet title action now the Johnson County District appeal, nor the declaratory to entirely "clear the title" over the now claims. As further consideration agree to permit the City to deposit the beadrig escrow account pending the resolution of said quiet title that if said quiet title action Partners shall be entitled adverse to the City of Iowa any and all claim, right and in the condemnation prorated share of the Park Partners shall be ret~itled In further considerato~n of settl information regardjn/g the sand I show the quantit.y/and quality of sand acres. /' and Washington Park Partners further agree of the City of Iowa City, Washington Park ; but that if said quiet title action is resolved interests, Washington Park Partners shall relinquish in the escrowed amount representing a diminution with the 4.5 acres or $64,500, plus any by such amount. In this instance, Washington $27,603 plus accrued, prorated interest. Washington Park Partners shall furnish all aken from the 229 acre site, which borings ravel still located on the approximately 229 As further consideration, all terms of this in a written/stipulation of settlement to be Glasgow,/Frank Boyd and John Rummelhart, Partner~; as authorized by this Resolution. U Washington Park Partners shall also execute dismissals as referenced in Paragraph 2 above, preiudice of its condemnation appeal against Washit #56193. ent agreement shall be memorialized by the City of Iowa City, Bruce on behalf of Washington Park execution of said stipulation, le all necessary releases and City shall file a dismissal with Park Partners, Docket Finally, the parties agree that this settlement is in the to proceed with the Iowa City water supply and treatment litigation and without the additional costs and possible delays .~st of the City in order ect without further RESOLUTION NO. 95-110 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND LEE SIGLIN FOR PLANTINGS ON THE PUBLIC RIGHT OF WAY AT 618 NORTH GILBERT STREET, IOWA CITY, IOWA WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lee Siglin wishes to beautify the public right-of-way described above by planting vegetation thereon; and WHEREAS, the City staff has reviewed the use and location of such plantings and found that use to be compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding the continued use of the public right-of-way, as enumerated in this license agreement, NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application to the City Forester and the applicant, Passed and approved this 9th day of May , 1995. C~'~: CLERk' Cit/¢ AttofOleY'S Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Pi§ott the Resolution be AYES: NAYS: ABSENT: Baker Horowitz __ Kubby Lehman Novick Pigott Throgmorton LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND LEE SIGLIN FOR PLANTINGS ON THE PUBLIC RIGHT-OF-WAY AT 618 NORTH GILBERT STREET, IOWA CITY, IOWA This License Agreement is made between LEE SIGLIN, ("Applicant") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Applicant wishes to beautify the public right-of-way described above by planting vegetation thereon; and WHEREAS, the City staff has reviewed the use and location of such plantings and found that use to be compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding the continued use of the public right-of-way, as enumerated in this license agreement. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant is the owner in fee simple of certain real estate abutting the public right-of- way located at 618 North Gilbert Street, Iowa City, Iowa, or Applicant has the consent of such owner for the proposed use; and The City staff has reviewed the past and proposed use of the right-of-way at such location, and finds that based on the City's needs for the public use of said right-of- way, Applicant's continued uses of portions of the described right-of-way, as modified and approved by the City, and attached hereto as Exhibit A, are compatible with the public use thereof, and will not significantly affect the City's interests. Based on this review, the City now agrees to permit and grant a license to Applicant for the use of portions of the right-of-way for plantings, subject to the approval of the City Forester. Applicant acknowledges and agrees that this license is limited exclusively to the location, use, purposes and persons listed herein, that any other uses, locations, purposes or persons are not contemplated herein, and that any expansion of said uses, purposes, locations or persons must be agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this grant of license for the continuing location and use of portions of the right-of-way, that the City is not empowered to grant permanent or perpetual use of its street right-of- way for private purposes, that the City mayorder said locations and/or uses within the street right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should he cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. 2 Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities, or damages, of whatever nature, including payment of reasonable attorney fees, which may arise from the use of the public right-of-way arising from this license, or which may be caused in whole or in part by any act or omission of the Applicant, or by any agent or employee of the Applicant, and shall show proof of insurance coverage for that purpose. Applicant further agrees to abide by the guidelines established by the City Forester, and to maintain said plantings in accordance with the approved diagram or schematic drawing and in compliance with the City Forester' guidelines. In the event of a breach of this License Agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, plants and/or obstructions from the City's right-of-way, as provided in §364.12, Code of Iowa (1993), said written notice to be given only after the City determines that the right-of- way is needed for a legitimate public purpose and/or where Applicant's continued location and use of said right-of-way is deemed to constitute a public nuisance or hazard under Iowa law. In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, plants, and/or any other obstructions from the right-of-way and charge the cost of such removal to Applicant. Dated this ~//'/~ dayof 7~ , 1995. CITY OF IOWA CITY, IOWA ~usan M. Horowitz, Mayor Mari~n K. Karr, City Clerk Ap/~y: City Att0r-hey's Office Applicant 3 STATE OF iOWA ) ) SS: JOHNSON COUNTY ) On this ~' day of ~/~2~/' ,1995, before me, the unders~igned, a Notary Public in and for the State o{' Io~a, personally appeared ~/:, .~/~.~.~_.~ , to me personally known, and acknowledged the execution of the foregAng instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of iowa STATE OF IOWA ) JOHNSON COUNTY ) On this ¢f*4 day of ,a~ , 1995, before me, q~-~,4,,~-,. ~'~q-' otary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. ?5 -z~, passed by the City Council on the ?*L day of ~ , .~ and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of t~q~n'strument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa lagaAbev~license.slg EXHIBIT "A" PUBLIC RIGHT-OF-WAY PLANTING GUIDE Since each parcel of land is unique, as is each gardener, common sense is the bottom line planting principle. The common sense principles set out below shall be applied by each gardener to the proposed garden site. SAFETY IS THE OBJECTIVE. 1. Do not block or obscure vision of vehicular or pedestrian traffic whether from a street, alley, or sidewalk. 2. Avoid obstructing the sidewalk or pedestrian ways. 3. Provide adequate space for passengers to get out of, and walk around, a vehicle parked on the street. 4. Identify and mark on your garden site the location of all underground utilities before you dig. 5. Plant only healthy, disease free plants. General Rules of Thumb: Plants under 3' in height at maturity generally will not obscure vision of traffic. A 4' setback from the curb usually gives passengers adequate room to exit and move around a vehicle. Plants which overhang into the sidewalk are obstructing the sidewalk. Maintenance includes the removal and proper disposal of any plant showing signs of disease. · Tree planting requires a different permit from the City Forester. cada/atlegaAbev~pla n/.tow EXHIBIT AA .~~ Lee Siglin Garden Diagram Remova! requi_red .~ ~ , - . , ;---. .... ~ .... f ~' - _ _ ~-~ ~ ~ _,. ~ ~ . z '~ ! ~~ ! ~]~~i ~ 4 ~' :- L_ ~_ ~ .._ ~ ~__ _ . , ~ ~ , a .... ,.'~ ... .... ~ .......... L_l . _~z__~, ~ · , ..... ' - ~. ,--: ..... L q' __ .__ ~: ., ~ .... ,. ~ ; ~ ~ ~ ~ ~.~:i ........,. ;~: ..... : ........ ~J ~1. ' ~ ;, , ~_ ~ ....... ~ ~- , -~. ~ . ~.~ ..... i' i~l ....~ ~~ ~- ~ ; , _1 ~ ~ , RESOLUTION NO. 95-111 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF 10WA CITY, AND IOWA CITY COFFEE COMPANY D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Company, d/b/a the Java House has applied for temporary use of the public right-of-way described above for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Resolution 84-181; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the license agreement. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application to Public Works and the applicant. Passed and approved this 9th day of Ha~, ,1995. CIT'~" CLERK City Atto~q'~y's Office Res. No. 95-111 Page 2 2 It was moved by l~,,bby and seconded by adopted, and upon roll call there were; Pigott AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton (egal~L~v~java.res LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND IOWA CITY COFFEE COMPANY DOING BUSINESS AS THE JAVA HOUSE FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 211 ~ EAST WASHINGTON STREET IOWA CITY, IOWA This License Agreement is made between Tara Cronbough, President, Iowa City Coffee Company, d/b/a the Java House, ("Applicant") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Company, d/b/a the Java House has applied for temporary use of the public right-of-way described above for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Resolution 84-181 and found in City Code §10-3, "Commercial Use of Sidewalks"; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in this license agreement. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant owns or occupies certain real estate abutting the public right-of-way located at 211 ½ East Washington Street, Iowa City, Iowa; and The City staff has reviewed the past and proposed use of the right-of-way at such location, and finds that based on the City's needs for the public use of said right-of- way, Applicant's use of a portion of the described right-of.way, as set out in the application and layout diagram attached hereto as Exhibit A, is compatible with the public use thereof, and will not significantly affect the City's interests. Based on this review, the City now agrees to permit and grant a license to Applicant for the use of a portion of the right-of-way for a sidewalk cafe. Applicant acknowledges and agrees that this license is limited exclusively to the location, use, purposes and persons listed herein, that any other uses, locations, purposes or persons are not contemplated herein, and that any expansion of said uses, purposes, locations or persons must be agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this grant of license for the continuing location and use of portions of the right-of-way, that the City is not empowered to grant permanent or perpetual use of its street right-of- 2 way for private purposes, that the City may order said locations and/or uses within the street right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by § 364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities, or damages, of whatever nature, including payment of reasonable attorney fees, which may arise from the use of the public right-of-way arising from this license, or which may be caused in whole or in part by any act or omission of the Applicant, or by any agent or employee of the Applicant, and shall provide the City with proof of insurance coverage for such purpose. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved diagram or schematic drawing and in compliance with the City's guidelines. In the event of a breach of this License Agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture or other obstructions from the City's right-of-way, as provided in §364.12, Code of Iowa (1993), said written notice to be given only after the City determines that the right-of- way is needed for a legitimate public purpose and/or where Applicant's continued location and use of said right-of-way is deemed to constitute a public nuisance or hazard under Iowa law. In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, plants, and/or any other obstructions from the right-of-way and charge the cost of such removal to Applicant. Dated this // day of ~'/'~.~. , 1995. CITY OF IOWA CITY, IOWA Susan M. Horowitz, Mayor Applicant Iwanan K. Karr, ~,lty Clerk ~,~Ty zzt~rney' s Office Applicant 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) .... On this I/ day of "~/"7,~., ,1995, before me, the undersigned, a Notary Public in and for the State of I~a, personally appeared /~.~ (',o,,F~,~,~9~l~._ to me, A.personally known, and acknowledged t.~he execution of the foregoing instrument to be his/e~voluntary act and deed and by him/~._~.~oluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ ~/~ day of TA , 1995, before me, ~F' , ~-'~tary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. 95 - /// passed by the City Council on the c/~-' day of ~"/o~. , t~1~, and that Susan M. Horowitz and Marian K. Karr acknowledged t~he execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa "Our Freshne.~s & Servh'e ~.~L¢.~e Oifference"~" April 28, 1995 IOWA CITY COFFEE COMPANY D/B/A THE JAVA IIOUSE 211 ~ E. Washington St. P.O. Box 3133 Iowa City, IA 52244.3133 Rick Foss City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 Tara Cronbaugh President (319) 354.2111 Fax (319) 354.7314 Dear Rick, The following is a plan for The Java House sidewalk care. The Java House will be responsible for this area. The following specifications will be helpful in processing this request: 1. The tables and chairs would be green plastic similar to the garden variety sold at discount stores. 2. The temporary barrier would consist of black steel poles and bases with a 3" maroon or green retractable cloth ribbon. 3. The eight foot walkway would be between the curbing for the tree and the temporary bamer. 4. All equipment would be removed each evening by 12:00 midnight. 5. No permanent alterations to existing sidewalk area would be made. Please contact our staff, Tara Cronbaugh, President or Stephen Harris, Operations Manager with any questions. Sincerely, Tara Cronbaugh ,~ IOWA CI'~'Y COFFEE COMPANY 2180 DBA THE JAVA HOUSE 2111/z E. WASHINGTON ST. PH. 319-338.2786 P O. BOX 313,3 ~ . , .2' '" TARA B. CRONBAUGH ' , ' * '. ....... .' · .' ...O'. ..' .... 6 ' ''~ .....' '"'T';~[~''i' ' ""'k; ~" "~' ~'"" " ;'t~"....' ..~'--,,. t RESOLUTION NO. 95-112 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AIVIENDIVIENT TO THE AGREEMENT BETWEEN RICE, WILLIAMS ASSOCIATES OF WASHINGTON, D.C. AND THE CITY OF IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY IN THE PROCESS OF FRANCHISE RENEWAL/REFRANCHISING FOR CABLE TV SERVICES FOR THE CITY OF IOWA CITY WHEREAS, the City Council adopted Resolution No. 91-231 on the 3rd of September, 1 991, approving an agreement between Rice, Williams Associates and the City of Iowa City, Iowa, for consulting services relating to cable television franchise renewal/refranchising, and WHEREAS, the renewal/refranchising process has extended well beyond the completion time anticipated by the parties at the time this initial agreement was executed, and WHEREAS, the consultant, Rice, Williams Associates has requested an increase in its hourly rate for Senior Consultants, and WHEREAS, the City of Iowa City has negotiated an amendment to the agreement with Rice, Williams Associates, a copy of said amendment being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to amend said agreement with Rice, Williams Associates for continuing consulting services to assist the City in the process of franchise renewal/refranchising for cable television services. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute the amendment to the agreement with Rice, Williams Associates. 2, The City Clerk shall furnish copies of said amendment to any citizen requesting same. Passed and approved this 9__th day of May , 1995. CITY'CLERK Resolution No, 95-112 Page 2 It was moved by ~,,sr;~ and seconded by adopted, and upon rol~ call there were: Lehman · AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick __ Pigott Throgmorton AGREEMENT BETWEEN RICE, WILLIAMS ASSOCIATES AND THE CITY OF IOWA CITY, IOWA TO AMEND THE EXISTING CONTRACT FOR CONSULTING SERVICES IT IS HEREBY AGREED by and between the City of Iowa City, Iowa ("City") and Rice, Williams Associates ("RWA") as follows: The City and RWA entered into an agreement on or about September 3, 1991. Under said agreement, RWA agreed to provide certain cable television franchise renew- al/refranchising consulting services, and the City agreed to pay to RWA certain compensation for said services. RWA's senior consultant has been providing services under the agreement for the fee of $95.00 per hour. The padies agree that effective May 1, 1995, al! services under the agreement provided by RWA's senior consultant shall be paid by the City at the rate of $120 per hour. 4. A copy of the amended "COST OF SERVICES" page is attached to the agreement. reference and ratified. All other terms and conditions of the original agreement are incorporated herein by City Clerk Date rngr~asst~ricewlrns.agt COST OF SERVICES Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Other Initial Consultation Community Needs Assessment and Consumer Market Survey Analysis of Compliance Ordinance Development Technical Analysis - On-site Development of a Request for Proposal Evaluation of a Proposal Assistance with Negotiations Legal Assistance Travel and Expenses $ 2,185' $ 4,000 - 7,500* $1o~o0- S 3,00o- 6,ot~* $ 4,600 $ 8,5(X)- 13,000' $ 3,500 $ 5,50O $20,000*** As Needed** At Cost Houdy Rates: $95 -pe~-hour-Senio~ C-onsaRanis $75 per hour Staff Consultaais $120 per hour Attorney $120 per hour Senior Consultants Effective May 1, 1995 *Dependent on scope. **Includes legal research or opinions requested by the City which are beyond the scope of work for Task 3. ***Cost Estimate based on projected 150 hours Senior Consultants, 40 hours Staff Consultants, and 23 hours Attorney. All cosis for negotiations will be at the hourly rates s~ted above. RICE, ~e/TLT.TAMS ASSOCIATES April 21, 1995 Mr. Drew Shaffer BroadSand Telecommuni.,m'dons Specialist City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Drew, Enclosed please find two invoices for consulting services to Iowa City. As you may remember, the contract between RWA and the City of Iowa City was ratified almost four years ago in September 1991. RWA raised its hourly billing rates to $120.00 per hour for senior staff in early 1992. Given the time that has passed, RWA respectfully, requests a modification in the contract, raising the billing rate for Senior Consultants to $120.00 per hour. Please let me know if this is agreeable to the City. Sincerely, Don C. Williams, Ph.D. Partner DCW/jms Enclosures 601 Pennsylvania Avenue, NW, Suite 900 Washington, EIC 20004 Phone:. (202) 7~7-2400 6861 Elm Sam, 4th Floor McLean, Virginia 22101 Phone: (70/I) RESOLUTION NO. 95-113 RESOLUTION RESCINDING RESOLUTION 84-181 AND 94-88, AND ADOPTING A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES WHEREAS, the City Council of Iowa City, Iowa adopted Resolution 84-181 on July 3, 1984, establishing regulations for operation of sidewalk cafes on public right-of-way; and WHEREAS, the City Council also adopted Resolution 94-88 establishing a fee schedule for the use of public right-of-way and dates of operation for sidewalk cafes; and WHEREAS, the City Council is interested in establishing new regulations by ordinance for sidewalk cafes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: Resolution 84-181 and 94-88 are hereby rescinded, as outdated. The following non-refundable schedule is hereby established for use of the public right- of-way, for the operation of sidewalk cafes: Annual fee - $5.00 per square foot. Passed and approved this 9th day of Hay ,1995. CITY'CLERK Cify Atto ey's Office It was moved by l(ubhy and seconded by adopted, and upon roll call there were: Thrommrton the Resolution be AYES: NAYS: ABSENT: x x x x ..X x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION 84-181 AND 94-88, AND ADOPTING A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES ,~-- WHEREAS, the City establishing re uncil of Iowa City, Iowa adopted Resolution 84-181 on July 3, 1984, operation of sidewalk cafes on public right-of-way; and WHEREAS, the Cit, also adopted Resolution 94-88 establishing a fee schedule for the use of public right-of-way operation for sidewalk cafes; and WHEREAS, the City Council interested in establishing new regulations by ordinance for sidewalk cafes. NOW, THEREFORE, BE IT ED BY THE CITY COUNCIL OF IOWA CITY THAT: 1. Resolution 84-181 and 94- = are hereby rescinded, as outdated. The following non-refundable hedule is hereby established for use of the public right- of-way, for the cafes: Annual fee Passed and approved this day o~f\ / t / ATTEST: .' ClT,~LERK '. It was moved by and seconded by adopted,/~nd upon roll call there were: AYES:I NAYS: O0 per season, per use. ,1995. ' b~[y ~[[orneys Office ABSENT: Baker Horowitz __. Kubby .. Lehman ~ Novick ~ Pigott \Throgmorton --\ \ the Resolution be City of Iowa City MEMORANDUM Date: May 5, 1995 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Sidewalk Cafe Fee At your request the agenda includes a resolution setting a fee for sidewalk cafe as well as the second consideration of the sidewalk cafe ordinance, If Council wishes to waive the second reading and pass and adopt the proposed ordinance the resolution establishing a fee should be acted upon the same evening. The resolution retains the present fee of $500 for sidewalk cafes, It was necessary to rescind the previous resolution as it included dates of operation which conflicted with the ordinance being considered by Council. After reseamhing the fee with various cities it became obvious that there are as many ways to calculate a fee as there are cities. Examples are listed below. For the sake of comparison I calculated what the fee would be for an establishment with a 17x6 sidewalk cafe (102 square feet) operating year around based on the city fee. You will note that the final column figures vary greatly and puts Iowa City right in the mid to low end at the $500 fee, After discussion Council may wish to raise, lower, or retain the $500 fee, City Ann Arbor, Michigan Boulder, Colorado Des Moines, Iowa Lawrence, Kansas Madison, Wisconsin Minneapolis, Minnesota San Antonio, Texas Fee Example ,05/sq,ft. per day $1,861.50 7.50/sq. ft, annually 765.00 1,113.00 annually* 1113.00 3.50/sq. ft. annually 357.00 100 annual; 70/month; 16/day 100.00 184.00 annually 184.00 5.40/sq. ft, per month* 6609.60 · Indicates the Cily requires a three year lease Also included in your packet is a sample application, Staff has received numerous requests and we want to be ready to accommodate establishments as soon as possible after final adoption and publication of the ordinance and passage of the fee resolution. bCS-2MK APPLICATION FOR SIDEWALK CAFE (Title 10, Chapter 3) The undersigned hereby applies for a Sidewalk Cafe: Name of Applicant: Doing Business As: Street Address: Bus. Phone: REQUIREMENTS FOR SIDEWALK CAFE: B. To Be Completed By Applicant: (1) (2) (3) Attach a diagram clearly showing sidewalk cafe area; seating; and a picture or illustration of amenities and method of delineation. Attach an endorsement from your insurance company acknowledging that the sidewalk cafe area is covered by insurance. Attach a list stating the names and addresses of owners and tenants of three prepedies on each side of the establishment. Fo.[..estab{ishm. el~S with current beer or liquor licenses only: (1) '.t State application ' .. Endorsement from.your insurance company ack~owle.dgi.qg the sidewalk 'care .is. covered dramsl'iop insurance. The perSb"i~(~) 'makihg th~s app.,ccmt,on h ...... ' "i ....... e,eby ag,ees to cor~p~y at:~: .."..;e.- ',,"~, '; ',~',,", 0~.~ ..... ai' p .... ' ' ' ~V:50'.S ~. C .~l.,,O~ 123; Code of Iowa, and all laws of this State'and the rules.and i.~;.:J:..'iJlaT..s ......"."' *'-'" ' ' ..... ,., O,.,,,,ua .....l.y ~:'.'~ iota.3 !.J~.~e, LiqUor Depa;tment relating to liquors, aic0hol, and malt'0r brewed'be.v~rag(~s. Applicant Signature Each application must be reviewed by the Design Review Committee. Over To Be Reviewed Bv 8uildinq Inspector: THE SIDEWALK CAFE PLAN MEETS THE FOLLOWING REQUIREMENTS: (1) (2) (3) (4) (5) (6) Must be a restaurant and contiguous to premises [10-3-1]. Proper delineation [10-3-3(B)(3)]. Seating Accommodations [14-5]. Exit and Restmorn Requirements [10-3-3(F)(3); 10-3-3(F)(4)]. Amplified Sound Equipment Prohibited [10-3~3(D)(1)]. Advertised Signage Prohibited [10-3-3(F)(2)]. Signatures Obtained by Applicant: Public Works Design Review Staff Fire Housing Inspection Police City Attorney Approved Approved Approved Approved Approved Approved Denied Denied Denied Denied Denied Denied