HomeMy WebLinkAbout2005-01-04 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 05-!
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following described
locations upon his/her filing an application, having endorsed thereon the certificates of the proper
city officials as to having complied with all regulations and ordinances, and having a valid beer,
liquor, or wine license/permit, to wit:
Quality Inn & Suites , Highlander Conference Center 2525 N. Dodge Street
Summit Restaurant - 10 S. Clinton Street
Passed and approved this 4th day of January ,20 05
ClTY~LERK Ci(y At~[orr~eCs/Offi-ce
It was moved by Bailey and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065
RESOLUTION NO. 05-2
RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 1, 2005 ON
THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR
FISCAL YEAR 2005 AND 5-YEAR PLAN FOR FISCAL YEARS 2005 - 2009
AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development requires adoption of an updated
Annual and 5-Year Plan; and
WHEREAS, the Annual and 5-Year Plan provides details about the agency's immediate and
ongoing operations, program participants, programs and services, and the agency's strategy for
handling operational concerns, residents' concerns, programs and services for the next 5 fiscal
years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. A public hearing for the Iowa City Housing Authority's Streamlined Annual Plan for Fiscal
Year 2005 and 5-year Plan for Fiscal Years 2005 - 2009 set for 7:00 PM, March 1, 2005, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public heating for the
above named proposal in a newspaper published at least once weekly and having a general
circulation in the City, in accordance with applicable laws.
Passed and approved this 4th dayof danuary ,20 05 .
~AYOR
Approved by
CIT~ CLERK City Attorney's Office
Resolution No. 05-;'
Page 2
It was moved by Bail e,y and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
X Eliiott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO.
RESOLUTION NG A PUBLIC HEARING ON PLANS, SpI~CIFICATIONS,
FORM OF CC AND ESTIMATE OF COST FOR TH¢CONSTRUCTION
OF THE SOUTH AVE AND MELROSE AVE PCC PAVEMENT
REPLACEMENT :T (STP-U-3715(627)-70-52), DI~/ECTING CITY CLERK
TO PUBLISH NOTICE ID HEARING, AND DIREC,7'ING THE CITY
ENGINEER TO PLACE PLANS ON FILE FOR P/UBLIC INSPECTION.
/
/
BE IT RESOLVED BY THE COUNCIL ~F THE CITY OF/fOWA CITY, IOWA:
/
1. That a public hearing on the els, form of contract, and estimate of cost
for the construction of the ~ :ioned p/oject is to be held on the 4*h day of
January, 2004, at 7:00 p.m. in Hall, Civic Center, Iowa City, Iowa, or if
said meeting is cancelled, at the of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized/ar directed to publish notice of the public
hearing for the above-named project in/~ spaper published at least once weekly and
having a general circulation in the City.'i notthan four (4) nor more than twenty (20)
days before said hearing...,' \
3. That the copy of the plans, specifications, form of~'~ontract, and estimate of cost for the
construction of the above-named¢roject is hereby'ordered placed on file by the City
Engineer in the office of the City/Clerk for public inspection.
/
Passed and approved this /ay of
/_
Mayor
ATTEST: /
City Clerk /
Appro~
I~t/~' Attorney s ,O?ice
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 05-3
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE SOUTH GRAND AVE AND MELROSE AVE PCC PAVEMENT
REPLACEMENT PROJECT (STP-U-3715(627)-70-52), DIRECTING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 18th day of
January, 2005, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 4th day of January ,2005.
~layor
City'Clerk
Approved by:
City Attorney's Office
Resolution No. 05-3
Page 2
It was moved by Ba i 1 ey and seconded by Champ i on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
CHESTER J. CULVER ~¢~ LUCAS BUILDING, FIRST FLOOR
IOWA SECRETAeY OF STATE ~l[J~~° ~-"'~1~ DES MOINES, IOWA 50319
Januaw 12, 2005
MARIAN K. KARR
CITY OF IOWA CITY
410 EAST WASHINGTON ST.
IOWA CITY, IA 52240-1826
RE: Filing of 28E Agreement between the POLICE DEPTS OF THE IOWA
CITIES: DUBUQUE, WATERLOO, DE WlTT, KEOKUK, ET AL and the
SHERIFF DEPTS OF THE IOWA COUNTIES: BLACK HAWK, BUCHANAN,
DELAWARE, DUBUQUE, JONES, JACKSON, ET AL
Dear MS KARR
We have received the above described agreement which you have submitted
to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of January 12, 2005.
Sincerely,
Chester J Culver
Secretary of State
CJC/db
Enclosures
TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 05-4
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE EASTERN IOWA CLANDESTINE LAB ENFORCEMENT
MUTUAL AID AGREEMENT, A CHAPTER 28E AGREEMENT AMONG VARIOUS
EASTERN IOWA LAW ENFORCMENT AGENCIES
WHEREAS, various Eastern Iowa law enforcement agencies currently engage in detecting,
disrupting and dismantling methamphetamine manufacture and distribution systems and in
prosecuting cases arising therefrom; and
WHEREAS, through mutual aid and resources sharing, these agencies can maximize efficiency
and impact in this specialized area; and
WHEREAS, Chapter 28E, Code of Iowa, (2003), permits state and local governments to make
efficient use of their resources and powers in order to provide joint services through the use of a
duly recorded agreement; and
WHEREAS, each of the Eastern Iowa law enforcement agencies of the seven cities and eighteen
counties named in the attached agreement shall be responsible for their own separate execution
and recording of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest two originals of the
Eastern Iowa Clandestine Lab Enforcement Mutual Aid Agreement, a Chapter 28E
Agreement for cooperation among various Eastern Iowa law enforcement agencies,
attached hereto and incorporated by reference herein.
2. The City Clerk is hereby authorized and directed to certify two copies of this Resolution
each with an attached original Agreement, file one original of same with the Secretary of
State, record the other original in the Johnson County Recorder's Office at City expense
and furnish a copy of the signed and recorded Agreement and Resolution approving said
Agreement to each party to the Agreement.
Passedandapprovedthis 41;h dayof j2nuary
~IVC'AYOR
ATTEST:-~ ~-'~"~
~ CITY CLERK
Resolution No. 05-4
Page 2
It was moved by Ba i 1 ey and seconded by £ham,ni nn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
ereparer Kevin B. Strove Iowa r~,-r~ t _v~._ ~..en. of Justice Des Moines 515 281-5428
Information A~sistant Attorney General 1305 East Walnut
Individual's Name S~'eet Address City Phone
EASTERN IOWA CLANDESTINE LAB
ENFORCEMENT MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT is made pursuant to Chapter 28E, Code of Iowa, 2003. It
shall be known as the Eastern 'Iowa Clandestine Lab Enforcement Mutual Aid Agreement and shall
include the Police Departments of the following cities under sanction by resolution of their respective city
councils of the following cities: city of Dubuque, city of Waterloo, city of DeWitt, city of Keokuk, city of
Manchester, city of Tipton, city of Iowa City; and the SheriffDepadments of the following counties under
sanction by resolution of the Board of Supervisors of the following counties: Black Hawk County, Buchanan
County, Delaware County, Dubuque County, Jones County, Jackson County, Cedar County, Clinton County,
Scott County, Johnson County, Muscatine County, Washington County, Louisa County, Jefferson County,
Henry County, Des Moines County, Van Buren County and Lee County. The purpose of said agreement is
to establish a working mechanism among various Eastern Iowa Law Enforcement agencies, who may call
upon other members for exchange of assistance as required, to fulfill the goal of disrupting and reducing the
manufacture and distribution ofmethamphetamine and other illicit controlled substances in Eastern Iowa, by
improving the investigation and prosecution of said cases.
Pursuant to said purpose it is agreed as follows:
1. AUTHORIZATION. The County Sheriff, Chief of Police or their designate in command
shall be authorized to render and request mutual law enforcement aid to and fxom the other
cities and/or counties to the extent of available personnel and equipment not required for
adequate protection of the governmental agency rendering aid.
2. POWER AND AUTHORITY. Law enforcement personnel provided under this agreement
to assist a member county or city shall have the same powers and authorities as law
enforcement of the respective county or city wherein they provide assistance as provided by
law including the power of arrest.
Page 1
For the purpose of this a~eement "law enforcement personnel" shall be defined as
peace officers pursuant to Section 801.4(11), Code of Iowa, 2001.
3. COMPENSATION. The law enforcement mutual aid shall be rendered without charge to a
member of this agreement.
4. RULES ANI) REGULATIONS. The police chiefs and sheriffs of the members to this
agreement shall establish uniform roles and regulations for the giving and receiving of aid,
subject to the approval of the governing body of each member governmental body. A copy
thereof shall be filed with the clerk or auditor ofeach member governmental body. The rules
and regulations may be revised and mended l?om time to time by the police chiefs and
sheriff's. Each revision or amendment shall be filed with the clerk and auditor of each
member governmental body to this agreement.
5. ADVISORY BOARD. The signatories to this mutual aid agreement consent to the creation
of an Advisory Board made up initially ofthe full time participants to this agreement (i.e., the
Chief of Police ofthe city of Dubuque, Iowa or his designee, the Chief of Police of the city of
Waterloo, Iowa or his designee, and the Sheriffs, or their designee, f~om each ofthe following
Iowa counties: Scott, Muscatine, Des Moines and Johnson). Furthermore, the following
agencies shall also have a representative on the Advisory Board: the Iowa Department of
Public Safety, Division of Narcotics Enforcement (DNE); the Iowa Governor's Office of
Drug Control Policy (ODCP); and the Iowa Department of Justice (IDOJ). In addition, those
agencies providing part-time assistance pursuant to this agreement (i.e., Buchanan County,
Jefferson County, and the cities of DeWitt, Keokuk, Manchester, and Tipton) shall
collectively have one representative on the Advisory Board as determined by the Advisory
Board. Initially, the representative of the part-time participants shall be the Sherit[ or his
designee of Buchanan County. The Advisory Board will be responsible for the
administration of this agreement and shall recommend preparation and approval of such
supplemental agreements as may be necessary to carry out the goals of this agreement,
including any restructuring of the Advisory Board. Any signatory to this agreement who has
not been named to the Advisory Board hereby waives any right to representation on said
board that they may have pursuant to section 28E.6 of the Iowa Code.
6. I JABILITY. This agreement does not change the employment status of any peace officer
who acts pursuant to this agreement. All wages and disability payments, pension, workmen's
compensation claims and benefits, damage to equipment and clothing, and medical expense
and all other claims and benefits in connection with duties outside the jurisdiction in
accordance with te,ms of this agreement shall be the responsibility of the governmental
agency regularly employing such law enforcement personnel. Each agency shall defend and
hold harmless the other governmental agencies, including any agencies or individuals who are
members of the Advisory Board, from any and all claims made by or against its regular
employee.
It is further expressly agreed that all law enforcement personnel rendering aid outside
their jurisdiction pursuant to this agreement shall be performing duties arising out of and in
the course of his employment with his governmental agency employing such law enforcement
personnel.
7. FINANCING. In the event that any property is purchased by a member agency for the
benefit of or use by a member to this agreement, such property will be the joint property of
said members, and upon, but not limited to the termination of this agreement, will be disposed
of by agreement of the parties. Any remaining funds will be returned to the respective parties
in proportion to the amount of contribution by each member agency.
Authority is vested in the Advisory Board established by this agreement to apply for
and expend monies and/or property, including both personal and real property, that may from
time to time become available from various sources for the pursuit of the objectives of this
agreement. In the event a local governmental body is required to administer or sponsor such
money or property, the Advisory Board will select an administrator for that purpose, with the
understanding that said money or property is held for the benefit of the members of this
mutual aid agreement.
The Advisory Board may make a budget request to any participating governmental
body on an annual basis, with each governmental body retaining sole authority in directing
disbursements for the benefit of this agreement.
8. EFFECTIVE DATE OF AGREEMENT. This agreement shall become effective between
governmental agencies upon the date of passage and execution by the governing body of each
governmental agency which is a party to this agreement. The Clerk or Auditor of each
member shall furnish the other member agencies, copies of the resolution approving the
agreement and authorizing execution and a signed copy of the agreement shall be furnished to
each party to the agreement.
9. DURATION. The duration of this agreement shall be perpetual in nature.
10. TERMINATION. The agreement shall remain in full force and effect until such time as a
member governmental agency passes a resolution terminating this agreement. However, said
agreement shall continue in force between other governmental agencies not terminating unless
the same is likewise terminated by the remaining members.
This agreement sh.~l be filed with the Secretary of State and recorded with the County
Recorder, or if said office has been abolished, with the County Auditor.
The foregoing Mutual Aid Agreement, consisting of four pages, excluding the
signature page(s), is hereby adopted and approved, 5'lglled and dated by the respeethte parties
as follows:
CITY OF Iowa City
1/4/05
Date
Ernest W. Lehman
Printed Name - Mayor
Signa"ture - City Clerk Date
Marian K. Karr
Printed Name - City Clerk
Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 05-5
RESOLUTION APPROVING THE DESIGN OF THE SIGNAGE FOR "HILLS
BANK AND TRUST COMPANY" ON OLD CAPITOL TOWN CENTER AT 201 S.
CLINTON STREET,
WHEREAS, the applicant, Sign Productions Inc., has filed an application for the design approval
of exterior signs for "Hills Bank and Trust Company" on Old Capitol Town Center located at 201 S.
Clinton Street, hereinafter "Project;" and
WHEREAS, given that the project consists of new construction on an urban renewal parcel that is
subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code
requiring the Design Review Committee to review and make a recommendation to the City
Council regarding the design of the project; and
WHEREAS, the design review application for the project, a copy of which is on file in the Housing
and Inspections Services Department, has been reviewed by the Design Review Committee and
after a consensus vote has recommended the design of the project be approved; and
WHEREAS, the design of the project with the above stated conditions is found to conform with all
of the applicable requirements of the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The design of the signage for "Hills Bank and Trust Company" on the Old Capitol Town
Center located at 201 S. Clinton Street be approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed
to certify this resolution; and
3. Upon this approval, necessary permits may be issued for the project upon full compliance
with all applicable codes and ordinances.
Passed and approved this 4th day of January ,2005.
ATTEST:~)'~2,~c..~_M ~'~. ~ ' --,.~'r.-"-~~"'~'
cI-r¥13LERK C~y At~rney's t3ffi~e I'~/)! ~__~.~/f¢
Resolution No. 05-5
Page 2
It was moved by Bai 1 e,y and seconded by Champi on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X EIliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
OTY. (I) SET OF SIF FRONT-LiT BACEWA Y MOUNTED
CHANNEL LETTERS:
A) STD. 8" RACEWAY FABRICATED FROM ,063 ALUMINUM
SHEETING PAINTED TO MATCH BUILDING FASCIA (TBD)
FRONT-LIT RACEWAY MOUNT CONFIGURATION B) 5' RETURNS W/.~6~ AL UM~UB SIDES FAINTED TO
(ELECTRO'BIT SLEEVES) MA TCH HERON BLUE (AKZO NOBLE EQUIVALENT?) & .040
,JOB DESCRIPTION
QTY. (5) SET OF 1/2 THICK ROLFi'ED MACHINE GRADE PVC
ETTERS STUD MOUNTED TO EXTERIOR FASCIA ABOVE
WINDOWS AS PER PLOT PLAN. PAINT IN SATIN ALUf~tNDM
CITY OF IOWA CITY
Design Review Certificate of Approval for Signage
(case number)
The proposed sign meets all sign ordinance requirements and has been approved by the Design Review Committee.
Jar~trReam Date
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 05-6
RESOLUTION ACCEPTING THE WORK FOR THE CLEAR CREEK TRAIL
PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Clear Creek Trail Project, as included in a contract between the City of Iowa City and Streb
Construction Company, Inc. of Iowa City, Iowa, dated July 6, 2004, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $60,484.52.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 4th day of Januar.y ,20 05
Approved by
L;ity Attorney s Of ice
It was moved by Ba'ile.y and seconded by Champ'ion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pweng~res~acptwrk-c~earcrk.doc
City of Iowa City
MEMORANDUM
Date: December 21,2004
To: Steve Atkins ~,0~/~
From: Kim Johnso ~,,~
Re: Agenda Items
The following are costs associated with the Capital Improvement Projects being
presented for acceptance at the January 4th Council meeting:
1 ) Clear Creek Trail Project
Contractor: Streb Construction Company, Inc.
· :. Project Estimated Cost: $ 53,800.00
· :. Project Bid Received: $ 47,248.50
· :. Project Actual Cost: $ 60,484.52**
**Final cost included the addition of ADA curb ramps and crosswalk at Melrose
Avenue to West High School, and the adjustment of drainage structures in
relation to site conditions.
Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO, 05-7
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
SANDHILL ESTATES - PART TWO, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Sandhill Estates - Part
Two, as constructed by Carter-Kirkpatrick Services, Inc., of North Liberty, Iowa.
Paving improvements for Sandhill Estates - Part Two, as constructed by Metro Pavers,
Inc. of Iowa City, Iowa.
WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, the traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and
that all dedications and public improvements previously set aside as not being open for public
access are hereby formally accepted and declared open for public access and use.
Passed and approved this 4th dayof January ,20 05
It was moved by BAiley and seconded by Champi on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pweng/res/sand hillpt2.doc
12/04
CITY OF IOWA CITY
410 East Washin~gton Street
Iowa Citer, Iowa 52240-1826
(319) 356 $OOO
(319) 356 5009 FAX
www.icgov.or~g
ENGINEER'S REPORT
December 16, 2004
Honorable Mayor and City Council
Iowa City, Iowa
Re: Sandhill Estates - Part Two
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water
main and paving improvements for Sandhill Estates - Part Two has been
completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bonds
are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and
water main improvements constructed by Carter-Kirkpatrick Services, Inc. of
North Liberty, Iowa and for the paving improvements constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
I recommend that the City of Iowa City accept the above-referenced
improvements.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
Human Resources/Personnel
Memo
DATE: December 20, 2004
TO: City Council
FROM: Sylvia A. Mejia, Personnel Administrator
RE: Revised Personnel Policies
The City of Iowa City Personnel Policies have recently been revised and appear on
your agenda for approval. Many of the changes are editorial and were made to
make the text clearer and more understandable for employees. An example of this
is found on page 2, Section 3 (b) (1) Sexual Harassment, where the forms of
sexual harassment have been noted by a series of easy-to-read bullets rather than
paragraph form. Another example is page 4, Section 6 c. (1) (a) where it is clarified
who the holder of a CDL must notify in the case of a traffic violation or the loss of a
license.
Additions to the policies include the elimination of the section on AIDS (see below);
expansion of the items under Employee Relations and Conduct; expansion of the
examples of Causes for Discipline; and the addition of FLSA Classification and Exit
Interviews under Personnel Transactions.
All of the changes and additions provide additional information for employees with
the exception of the elimination of the section of AIDS. This section was added in
the early 90s when AIDS came to the forefront and there was a great deal of
concern regarding AIDS. At that time the policies were expanded to provide
detailed information on this condition so that employees understood the nature of
the illness as well as the expectations of employees' workplace behavior. Today
employees are better educated on this subject and it is treated the same as any
other physical disability and covered under other parts of the policies.
If you have specific questions about the policies please feel free to contact me at
356-5026.
Coun¢ilmemopp.doc
Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 05-8
RESOLUTION RESCINDING THE 1997 PERSONNEL POLICIES AND
ESTABLISHING AMENDED PERSONNEL POLICIES
WHEREAS, Section 1-6-1 of the City Code provides that personnel procedures, rules, and
regulations for the employees of the City shall be established by resolution of the City Council;
and
WHEREAS, Resolution No. 97-159, adopted by the City Council on May 20, 1997, established
the existing Personnel Policies; and
WHEREAS, the existing Personnel Policies have been updated to meet present-day needs.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The 1997 Personnel Policies established by Resolution No. 97-159 are hereby
rescinded.
2. The Personnel Policies attached to this resolution and by this reference made a part
hereof are hereby established and adopted.
Passed and approved this 4th day of January ,20 05 .
ATTEST: %,~,~) ~/~'. '~-,4,~ ~'/" ~
CITY'CLERK (C!;¢tt,...~noy's"(~ .
It was moved by Bailey and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
humanrel/res/manuaPres.doo
CITY OF IOWA CITY
PERSONNEL POLICIES
Revised December, 2004
Approved by Resolution of City Council 05-8
Personnel Policies Rev. 12/04
The Personnel Policies identified herein
are not intended to create any contractual
rights in favor of you or the City of Iowa
City. The City reserves the right to change
the Personnel Policies at any time.
Personnel Policies Rev. 12/04
TABLE OF CONTENTS
Section 1 Introduction ................................................................................................................ 1
Section 2 Administration ............................................................................................................. 1
Section 3 Equal Employment Opportunity .................................................................................. 1
a. General Policy
b. Harassment
(1) Sexual Harassment
(2) Racial, Ethnic, Religious, Age, Sexual Orientation, Gender Identity,
Disability or National Origin Harassment
c. Complaint Procedure
d. Consequences of Harassment
Section 4 Labor Relations ........................................................................................................... 3
Section 5 Civil Service Coverage ................................................................................................ 3
a. Rights and Benefits
b. Appeal Rights
Section 6 Employee Relations and Conduct ................................................................................ 4
a. Public Relations
b. Workplace Violence Prevention
c. Licenses and Certifications/Notice Requirements/Insurability
(1) Commercial Driver's License
(2) Maintaining a Valid License
(3) Insurability
d. Weapons
e. City Owned Computers and Phones
f. Appearance-Grooming
g. Personal Activities
h. Supplemental Employment
i. Religious Holidays
j. Education
Section 7 Employee Assistance Program ..................................................................................... 7
Section 8 Discipline .................................................................................................................... 8
a. Disciplinary Measures
b. Causes for Discipline
Section 9 Personnel Transactions ................................................................................................ 9
a. Personnel Files
b. Medical Files
c. Public Information
d. Job Description
e. Position Classification
f. Fair Labor Standards Act (FLSA) Classification
g. Probationary Period
h. Budgeted Positions
i. Employment of Relatives
Personnel Policies Rev. 12/04
j. Termination of Employment (1) Resignation
(2) Retirement
(3) Benefits Termination
Section 10 Safety ........................................................................................................................ 12
a. Safety Rules
Section 11 Conflict of Interest ..................................................................................................... 13
a. Employment
b. Gifts
c. Impartiality
d. Use of Information
f. Use of Public Property
Section 12 Political Activity ........................................................................................................ 14
a. Acceptable Activities
b. Restrictions
Personnel Policies Rev. 12/04
SECTION 1 INTRODUCTION
The purpose of this document is to set forth the policies by which personnel-related decisions
made by either supervisor or employee, are to be guided; and to express mutual expectations
for conduct in the workplace. The City's ability to manage and provide public services with
efficiency and effectiveness is dependent upon the capability and performance of its
employees. The City strives to provide a good working environment, emphasizing individual
achievement, open communication, and sensitivity to employee needs.
SECTION 2 ADMINISTRATION
These policies generally cover all City employees, however, temporary employees may not be
covered by all provisions. Iowa City Public Library employees are subject to Personnel Policies
as approved by the Library Board.
These policies work to ensure decisions will be made consistently and in line with overall City
goals regarding employee relations. Questions of interpretation should be addressed to
Personnel. The City Manager or his/her designee shall be responsible for final interpretation
and application of these policies. The principles .expressed herein will be used as a guide
regarding issues not specifically addressed in these policies.
This document should be read in conjunction with negotiated labor contracts, and operating
procedures published by Personnel and other City departments.
Upon appointment to a budgeted position, all employees of the City shall be furnished a copy
of these policies. Any substantive changes or amendments shall be distributed to all employees.
SECTION 3 EQU/IL EMPLOYMENT OPPORTUNITY
a. General Policy
It is the policy of the City of Iowa City to provide equal employment opportunities for
all employees or potential City employees regardless of race, creed, color, sex, national
origin, religion, age, sexual orientation, gender identity, marital status, or mental or
physical disability, except where age, sex, or physical ability constitute a bona fide
occupational qualification necessary for job performance. This extends to all areas of
personnel administration, and shall be consistent with all protections afforded by
applicable federal and state statutes.
b. Harassment
The City of Iowa City is committed to providing a work environment free of
harassment. Harassment may take many forms, including behaviors that are oven or
very subtle. Harassment may occur between or among members of the same or
opposite sex, employees and the public, co-workers, or subordinates and supervisors.
Harassing behavior, whether of a sexual nature or not, has the effect of creating a
hostile or offensive work environment and is prohibited behavior.
Personnel Policies Rev. 12/04
(1) Sexual Harassment
Sexual harassment is a form of unwelcome conduct that affects terms or
conditions of employment or creates intimidating, hostile, or offensive work
environments. Such harassment is prohibited for all employees, regardless
of status, including supervisors, subordinates, administrators, and co-
workers. No employee, either male or female, should be subjected to such
conduct. Sexual harassment may also be charged between same sex
employees.
Sexual harassment may take the form of, but is not limited to:
Deliberate or repeated unsolicited verbal comments, questions,
representations, or physical conduct of either a sexual or non-sexual
nature that are unwelcome to the recipient.
· Making or threatening to make decisions affecting an employee's job on
the basis of the acceptance or refusal of a request for sexual intimacy.
· Verbal or physical conduct that has the purpose or effect of creating an
intimidating, hostile, or offensive work environment.
· Unwelcome sexually explicit or vulgar language, sexual jokes or
innuendo, touching and/or lewd gestures, or physical contact.
· It may also include more subtle actions directed at one or more
individuals.
(2) Harassment Based on Race, Creed, Ethnici_ty, Religion, Age, Sexual
Orientation, Gender Identity, National Origin, or Disability.
This is also a form of employee misconduct and is prohibited. Such
harassment may take the form of, but is not limited to slurs, graffiti,
derogatory names and jokes, physical conduct, or offensive behavior
relating to one or more of an individual's origins, physical characteristics,
or beliefs.
c. Complaint Procedure
The City will actively pursue and investigate complaints of harassment or denial of
civil rights, and appropriate action will be taken. Employees who encounter conduct
they believe violates this policy are encouraged to bring it to their supervisor's
attention, and if the supervisor is the involved party, or if the employee prefers, to the
Personnel Administrator, Personnel Staff, the Assistant City Manager, or the City
Attorney's office. All such complaints and records of resulting investigations shall be
kept confidential, to the extent possible, while allowing the City to meet its obligation
to investigate such complaints.
There will be no retaliation against any employee for filing a complaint either formally
or informally, or against any person for participating in the complaint and investigation
process. Each complaint will be thoroughly investigated. If a violation is confirmed it
Personnel Policies Rev. 12/04
will be resolved in a manner designed to remedy any past harassment and prevent any
future harassment.
d. Consequences of Harassment
Harassment is unacceptable conduct in any form, and can be the basis for a
discrimination charge against the City and/or an individual employee. It is the City's
position that every employee has the right to work in an environment free of any type
of harassment. Consequently, any employee who engages in prohibited conduct will be
subject to disciplinary action, up to and including discharge.
All employees have an affirmative duty to prevent harassment in the workplace by
producing an environment that exposes and discourages harassment of any kind.
SECTION 4 L~4BOR REL~4TIONS
The City recognizes its duty to bargain collectively with employee organizations certified by
the Public Employment Relations Board, as provided by State law. Pursuant to this
requirement, the duties, obligations, and rights of the City and each certified employee
organization are set forth in the collective bargaining agreements mutually entered into by the
City and the employee organization. Please refer to the appropriate collective bargaining
agreement for specific details.
SECTION 5 CIVIL SERVICE COVERAGE
All City employees appointed to budgeted positions have civil service status, with the
exception of the following:
City Manager; Assistant City Manager; the Directors of Finance, Public Works,
Housing and Inspection Services, Planning and Community Development, Parks and
Recreation, Parking and Transit, Library, and the Directors of any other City
department as may be created; Personnel Administrator; City Attorney; Assistant City
Attorneys; Human Rights Coordinator, City Clerk; Deputy City Clerk; all Division
Heads; Administrative Assistants; Assistants to the City Manager and Secretaries to the
Department Heads; and any other positions specifically excluded by the Code of Iowa.
a. Rights and Benefits
Applicants for entry level or promotional positions will be tested through impartial
examinations which fairly test each applicant's ability to perform in the position.
Examinations may consist of oral interviews and/or written, practical, or physical
agility examinations as are appropriate to the position.
b. Appeal Rights
Following completion of probation, an employee covered by Civil Service who is
suspended, demoted, or discharged may appeal the disciplinary action to the Civil
Service Commission, and will be entitled to a hearing before the Civil Service
Commission. Appeals must be filed with the Clerk of the Commission (City Clerk)
within 14 calendar days after the suspension, demotion, or termination.
Personnel Policies Rev. 12/04
SECTION 6 EMPLOYEE RELATIONS AND CONDUCT
The work of every employee is important. On-the-job performance has an effect on the
employee's success with the City, as well as having an effect on the quality o£ service to the
citizens of Iowa City. Employees have a right to expect fair treatment and fair compensation
from the City. In return, employees are expected to work diligently toward providing high
levels of public service.
a. Public Relations
It is the responsibility of each employee when dealing with members of the public
and/or other employees, to act in a courteous, responsive, and prompt manner.
b. Workplace Violence Prevention
Providing a safe work environment is essential to the City. Acts or threats of violence
against any City employee will not be tolerated whether among employees or between
one or more employees and the public. Any City employee initiating a violent act
against another City employee or a member of the public will be subject to disciplinary
action.
Workplace violence includes any act of physical, verbal, written, or electronic
aggression and/or intimidation within the work setting, as well as destruction or abuse
of property.
All reports of violence will be reviewed in a timely manner. Generally such reports
should be made to the employee's supervisor, however, the employee may make the
report to the Division Head, Department Director, Personnel Administrator, Personnel
Division Staff, or Assistant City Manager.
c. Licenses and Certifications/Notice Requirements/Insurability
No City employee may operate a city vehicle without proper licensing. Any individual
who operates a city vehicle on the public right-of-way without a valid license
appropriate to the vehicle being driven will be subject to disciplinary action up to and
including discharge.
Certain positions within the City require the possession and maintenance of a specific
license or certification. If a position has such a requirement, it will be listed in the job
announcement when the job is posted. If the requirement changes while an employee
is in a position, the employee will receive notice of such change and will be given a
reasonable amount of time to comply with the requirement. If an employee loses a
license required for the position he/she holds and is unable to perform their work
duties, the employee may be subject to discharge for failure to meet minimum job
requirements.
(1) Commercial Driver's License (CDL)
Employees required to possess and maintain a valid Commercial Driver's
License must meet the notification requirements established by the Federal
Commercial Motor Vehicle Safety Act of 1986.
Personnel Policies Rev. 12/04
Under this act an individual with a CDL must:
a) Notify the Personnel Office within 30 days of a conviction for any
traffic violation, except parking (this includes pleading guilty and
paying a fine). This is true no matter what type of vehicle the individual
was driving at the time of the infraction or if the infraction occurred off
duty. Such notice may be provided by (1) telling the Division Head or
Asst. Division Head who will notify Personnel or (2) notifying
Personnel directly.
b) Notify his/her supervisor if his/her license is suspended, revoked, or
cancelled, or if the employee is disqualified from driving. Such notice
must be made at the beginning of the first work day following
knowledge of the suspension, revocation, or cancellation. Employees
must provide such notice to their immediate supervisor (or in his/her
absence to the individual acting in that capacity).
(2) Maintaining a Valid License
Employees required to possess and maintain a valid Iowa driver's license,
chauffeur's license, or CDL are responsible for checking the expiration date
and renewing their license prior to the expiration date. If an employee's license
is suspended, revoked, or cancelled, it is the employee's responsibility to notify
his/her supervisor at the beginning of the first work day after receiving notice
of the action. Employees are prohibited from driving any City vehicle without
the appropriate valid license.
The City routinely runs driver's license checks on employees who must have a
license as a job requirement, as well as employees who drive City vehicles in
the course of their employment. An employee who has a license that is current
at the time of the license check, but whose record shows it was suspended,
revoked, or cancelled in the period of time since the last check, is subject to
disciplinary action i_f he/she drove a City vehicle during that time and/or failed
to notify their supervisor of the suspension, revocation, or cancellation.
Employees who are required to have a valid license will be subject to
disciplinary action if they allow their license to expire and are unable to
perform their work duties.
(3) Insurability
Employees required to possess and maintain a valid driver's license must also
remain insurable under the City's liability insurance. Failure to remain insurable
due to excessive or serious violations will subject an employee to disciplinary
action up to and including discharge.
A work permit does not meet the City's requirement for a valid license. In no
event will the City install an ignition interlock device on any City vehicle to
meet the requirements of a work permit.
Personnel Policies Rev. 12/04
d. Weapons
No employee of the City of Iowa City shall carry a weapon while on duty. Weapons
are not allowed on City property or in an employee's vehicle when parked on City
property. Issuance of a concealed weapons permit does not exempt an employee from
these provisions. However, sworn officers of the Iowa City Police Department and the
Fire Marshal are exempt from this restriction.
e. City Owned Computers and Phones
City computers and phones are provided for use by the employee and are the property
of the City. Such property is subject to recall by the City at any time. Employees have
no right to privacy in information maintained on a City owned computer, the City
computer system, or the City phone system, whether or not the employee considers
such information personal.
f. Appearance-Grooming
Employees are expected to maintain a level of personal appearance and grooming that
is considerate of other employees, and projects an image that inspires the confidence of
citizens and others with whom the employee must associate in the course of work.
For employees in the field during hot summer weather, dress shorts and a T-shirt are
acceptable attire, unless safety concerns require long pants for protection. For
employees working in air-conditioned buildings, shorts are not allowed. All employees
are expected to wear clothing appropriate for a business office and public contact.
Employees provided uniforms are required to wear the uniform provided.
Dress down or casual day is an opportunity for employees to shed nylons, ties, and suits
for the day. Employees must dress appropriately for an office environment, even when
casually dressed.
Employees are required to adhere to health, safety, and sanitation standards while at
work.
g. Personal Activities
Conducting personal or non-duty related activities is discouraged during work hours,
except in emergencies and with the approval of the supervisor. If it is necessary to
make a personal phone call, the call should be kept short. It is preferable that personal
calls be made at designated break times or during lunch time. When possible, personal
phone calls should be made from a phone away from areas used by the public to
conduct business.
h. Supplemental Employment
Supplemental employment outside the employee's assigned City working hours must
in no way interfere or conflict with the satisfactory performance of City duties.
Supplemental employment that either creates or gives the appearance of a conflict of
interest is prohibited. No employee is to conduct any supplemental employment during
Personnel Policies Rev. 12/04
their scheduled working hours unless they are using pre-approved leave. Supplemental
employment is not encouraged.
If an employee is unable to perform his/her job for the City due to injury or illness,
work for another employer is expressly prohibited.
i. Religious Holidays
Every reasonable effort will be made to accommodate employee requests for release
from work to participate in bona fide religious holidays or services, Once approved,
personal leave days, accrued vacation time, compensatory time, or in the absence of
any of these, unpaid leave may be used to cover such absences.
j. Education
Advance approval from the City Manager is necessary for an employee to engage in
any educational effort during normal working hours, other than that which may be
provided by the City. Consideration of such requests will be based upon the direct
benefit to the City, and a demonstrated ability of employees to effectively carry out the
responsibilities of their positions. Employees are encouraged to schedule educational
programs outside of regular hours, whenever possible.
The expense of educational seminars and training sessions required by the City will be
paid by the City, in accordance with the respective Department/Division guidelines.
SECTION 7 EMPLOYEE ASSIST,,INCE PROGIL4M
The City recognizes that a wide range of personal problems can affect employees' job
performance. Examples of problems include marital, family or financial difficulties, physical,
mental or personal problems, substance abuse, or alcoholism. It is also recognized that while
these problems are serious, they can be successfully resolved if identified and treated.
The City sponsors the Employee Assistance Program (EAP) as a means of assisting employees
and their family members. It is available as a confidential service for information, short-term
counseling, and referral to other community resources. The program is in no way meant to
interfere with the private life of the employee. Employees are encouraged to contact the EAP to
discuss a personal problem before it affects their work performance. Any voluntary
involvement with the EAP will be strictly confidential. Employees may contact the EAP by
calling 351-9072. In the event work performance is affected, a mandatory referral may be
made by an employee's supervisor. When a mandatory referral is made the employee is
required to be seen by an EAP Counselor who will report the employee's attendance to the
City. The City is not provided a diagnosis and any discussion between the employee and
counselor remains confidential.
Substance Abuse
All City employees are eligible for and encouraged to seek treatment and rehabilitation for
alcoholism, problem drinking, or substance abuse through the City's Employee Assistance
Program, or other available community resources. Alcoholism or drug addiction are not causes
for discipline. However, if they impact job performance including attendance, work
Personnel Policies Rev. 12/04
performance, inter-personal or public relations, etc., disciplinary action may be taken. Nothing
in this section relieves employees of responsibility for their own conduct on the job.
SECTION 8 DISCIPLINE
a. Disciplinary Measures
The responsibility of the City to maintain efficient operations may occasionally require
taking disciplinary action against employees. The objective of disciplinary action is to
correct inappropriate behavior and produce efficient City operations. However, failure
of the employee, after notice, to modify behavior may result in further disciplinary
action up to and including termination of employment.
Employees in bargaining units should refer to the appropriate collective bargaining
agreement for further clarification.
b. Causes for Discipline
The following list is illustrative of, but does not include all, types of behavior for which
disciplinary action may be taken.
(1) Insubordination.
(2) Theft of city property or money or acting in a careless or negligent manner with
City money, property, or vehicles.
(3) Abusive or improper treatment during the performance of duty to any member of
the public, fellow employee or city official, including harassment on the basis of
race, creed, color, sex, national origin, religion, age, sexual orientation, gender
identity, marital status, mental or physical handicap or disability; or any behavior
which has the effect of producing a hostile work environment.
(4) Tardiness, failure to report to work, or failure to maintain a satisfactory
attendance record.
(5) Failure to satisfactorily and consistently perform the duties of the position;
incompetency, inefficiency, or negligence in the performance of assigned duties;
unauthorized dissemination of non-public information acquired during the
performance of duties for the City.
(6) Violations of the Federal Drag Free Workplace Act, the City of Iowa City's Drag
and Alcohol Policy, and/or the City CDL Policy; violation of departmental mles,
City Personnel Policies, or any other rules or regulations promulgated by the
City.
(7) Lying or providing false, inaccurate, or incomplete information either verbally or
in writing; falsification, alteration, deletion of required information, or failure to
include material information on any application or City record.
(8) Inappropriate use of telephone lines, long-distance service, FAX/photocopy
services, computer, cell phones, or other City-owned property.
Personnel Policies Rev. 12/04
(9) Operating City equipment or vehicles without proper license or permit, failure to
maintain any required license or permit, or failure to notify the City of loss of any
such license or permit.
(10) Failure to make payment in a timely manner for any employment related charges
including costs for return-to-duty or follow-up drug tests.
(11) Illegal activities and/or conviction of a crime closely or directly related to the
ability of employees to perform their job effectively.
(12) Disregard for safety policies and procedures, including improper use of safety
gear, clothing, or equipment.
(13) Activity which involves conflict of interest.
SECTION 9 PERSONNEL TRANSACTIONS
a. Personnel Files
The City considers personnel files to be city property generated for purposes of
conducting business operations. It is the policy of the City to permit access by all City
employees to their personnel file maintained in the Personnel office. Access to these
files and the information contained in them is generally limited to the employee,
appropriate supervisory personnel, appropriate administrative personnel and third
parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.). The
file information may also be accessed and utilized in situations involving business
operations. Information related to education, employment and job performance will be
maintained in these files. Confidential medical records and benefits information are
maintained separately from an employee's personnel file.
City employees are permitted access to their personnel files during regular Personnel
office hours. Employees are permitted to examine, take notes, and make copies of any
materials in their file. Employees wishing to examine their files during work hours
must have the permission of their supervisor to leave their work site. A Personnel staff
member must be present during this examination. An employee may request correction
of any alleged misinformation contained in the file. If this request is denied, the
employee will receive an explanation of the reason thereof, and will be permitted to
place a concise statement of disagreement in the file.
Employees are encouraged to keep their personnel files up-to-date with all job-related
information such as degrees obtained, seminars attended, and certificates of
completion.
In addition, employees are required to update their personnel files when they
experience a change of name, address, phone, or emergency contact.
Personnel Policies Rev. 12/04
10
b. Medical Files
Employee medical records are personal and confidential and will be maintained in a
separate medical file. Medical files are subject to the privacy restrictions imposed by
the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
An employee's health information is personal and confidential, and the City of Iowa
City will not release such information without the express written consent of the
employee, except as required by law.
c. Public Information
The following employee information is classified as "Public Information" and will,
upon request, be provided to any individual or institution by Personnel:
Employee name
Employee salary
Employee hire date
Employee job title
Information such as address, telephone number, birth date, social security number, etc.
is not public information and will not be released unless requested in writing by the
employee.
d. Job Description
Copies of job descriptions are maintained in Personnel, and are available for employee
review. Job descriptions are periodically reviewed and updated as job duties change.
e. Position Classification
All positions are classified according to job duties, responsibilities, entry requirements,
and departmental needs. A major change in these factors may necessitate a review of
job classification. Requests for review of a job classification may be addressed to the
Personnel Administrator by any employee, by a supervisor, or may be initiated by the
Personnel Administrator. All position classification review requests will be reviewed in
accordance with applicable labor contract provisions.
fi Fair Labor Standards Act (FLSA) Classification
All City positions have been classified as non-exempt or exempt under the Fair Labor
Standards Act. Non-exempt positions are eligible for overtime at a rate of one-and-one-
half times their regular hourly rate for work in excess of 40 hours in a week. Exempt
positions are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-
exempt employee must perform 40 hours of work in a week; paid time off such as sick
leave and vacation does not count toward the 40 hours.
Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters
are on 27-day/204 hour work cycle and Police Officers are on a 28-day/171 hour work
cycle.
Personnel Policies Rev. 12/04
11
To maintain exempt status, FLSA requires that exempt employees be subject to
disciplinary suspensions of one day or more in duration.
To report a FLSA complaint or violation employees may contact the Personnel
Administrator, Assistant City Manager, Personnel Division staff, or City Attorney's
office.
g. Probationary_ Period
All new or promoted employees in a budgeted position will serve a probationary period
to be specified upon appointment. The probationary period shall be used to closely
monitor employees' work, for securing the most effective adjustment of a new or
promoted employee to the position, and for rejecting any employee whose performance
does not meet the required standards. Employee performance will be formally
evaluated at the completion of the probationary period. Probationary periods may be
extended at the discretion of the supervisor if performance does not meet required
standards and the supervisor is willing to provide additional time for improvement.
h. Budgeted Positions
Generally, part-time employees are limited to holding one budgeted part-time position.
However, under certain circumstances an employee may hold a part-time position and
work temporary hours. This will only be done if the employee is willing and it is to the
benefit of City operations to allow such an arrangement; all supervisors involved must
approve the arrangement. Generally these arrangements should not result in the
employee working more than 8 hours per day or 40 hours per week unless both
supervisors have approved such hours.
i. Employment of Relatives
Generally, no person shall be hired, promoted or transferred to a department of the City
or to a division thereof when, as a result, the employee would routinely be directly or
indirectly supervising or receiving direct or indirect supervision from a member of the
employee's immediate family. For the purpose of this section members of the
immediate family are defined as: employee's spouse, domestic partner or partner by
cohabitation, children, mother, father, son-in-law, daughter-in-law, mother-in-law,
father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents and
grandchildren, step-children and step-parents.
When any of the above relationships is created by marriage, domestic partnership or
cohabitation following employment, reasonable efforts will be made to find an
acceptable alternative, or to eliminate the situation by transfer or reassignment of one of
the employees. Affected employees will first be given the option of deciding which
employee will transfer or be reassigned. If no indication is given, seniority will be the
governing factor and the least senior employee will be subject to transfer, reassignment,
or termination.
Personnel Policies Rev. 12/04
12
j. Termination of Employment
(1) Resignation
Every employee is expected to give at least ten (10) working days notice prior
to the effective date of resignation. The notice should be in writing and
directed to the immediate supervisor. Generally the termination date shall be
the employee's last day in attendance at work, except in cases of medical
disability. Resignations must be accepted by the City to be effective for benefit
payment purposes. Generally, employees will be required to be at work on
their last day. Extended vacation time will not be approved in the 10-day
period prior to termination.
(2) Retirement
Employees are eligible to retire in accordance with applicable pension or
retirement programs. Sworn employees in the Police and Fire Departments will
retire under the Municipal Fire and Police Retirement System of Iowa
(MFPRSI); other City employees will retire under the Iowa Public Employee
Retirement System (IPERS).
Because the pension systems will provide information only to the employee,
employees must contact the retirement system directly. Personnel staff will
assist if requested.
(3) Benefits Termination
Upon notice of resignation or retirement being received by Personnel,
applicable information regarding continuation of insurance coverage, benefits
payout, IPERS benefit or refund, final check, and other information will be
forwarded to the employee.
Personnel will provide information to terminating employees, answer
questions, and assist employees, however, it is the employee's responsibility to
complete and mail all forms to the applicable agency.
(4) Exit Interviews
Exit interviews will be conducted by Personnel staff upon request of the
Department Director or the employee.
SECTION IO SAFETY
a. Safety Rules
All City employees are responsible for completion of job assignments in the safest
manner possible. Prime consideration will be given to the safety of the employee and
the public. Employees will not be required to work in areas or to operate equipment
which is a safety hazard to themselves or the public. Employees must wear appropriate
safety equipment/clothing, as required. Employees will receive appropriate training and
are expected to follow appropriate safety standards.
Personnel Policies Rev. 12/04
13
Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as
provided by state law.
Smoking is prohibited in all City vehicles, equipment, and buildings.
The Iowa Occupational Health and Safety Administration establishes industrial
standards for many City work functions. The City is committed to compliance with
these and other applicable standards.
City employees shall not wear or use radio headphones, earphones, or other similar
devices at any time while at work, unless such devices are authohzed by the Depart-
ment/Division Head as necessary for safety reasons. Telephone headphones are
permitted for business phones with the supervisor's approval.
Employees will handle property and equipment of the City with due care appropriate to
the nature of the work and equipment employed. Employees who act in a manner
which endangers the safety of themselves or others are subject to disciplinary action.
Mercy Occupational Health Clinic or, in the case of an emergency, Mercy Hospital
Emergency Room, is the City's approved treatment facility for work-related injuries.
Treatment for work related injuries by another physician will be allowed only upon
referral from Mercy Occupational Health. Failure to use Mercy Occupational Health
Clinic for a work-related injury will result in denial of payment of claims by Worker's
Compensation. Worker's Compensation questions should be directed to the City's Risk
Manager.
SECTION I1 CONFLICT OF INTEREST
City employees are prohibited from engaging in any conduct which represents, or could be
reasonably interpreted to represent, a conflict of interest. Employees must avoid any action
which might result in, or create the appearance of using public office for private gain, giving
preferential treatment to any person, or losing impartiality in conducting City business.
If an employee determines that he or she has an outside interest that may be affected by City of
Iowa City plans or activities, or result in a conflict of interest or the appearance of such conflict,
the employee must immediately report the situation to his or her Supervisor.
Violation of any provisions of this section may be cause for discipline or discharge of the
employee.
a. Employment
City employees may not work for an outside employer whose interests might conflict
with those of the City. City employees may not use their jobs with the City to further
their interest on any supplemental job. City employees may not work for, or directly
invest in, businesses with whom they must deal in the course of their employment with
the City.
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14
b. Gifts
State law prohibits employees from directly or indirectly soliciting or accepting any gift
having a value greater than $2.99.
Lunches or other meals are not acceptable as gifts from persons with whom the City
does business, unless it is a community or public affair to which other community
representatives are invited for a purpose other than to conduct business.
City employees shall not accept any gratuity or payment, other than that which is
provided by the City, for work performed on behalf of the City. If a City employee is a
speaker at a community event he/she may participate in a meal that is served at the
event.
c. Impartiality
No City employee may grant or make available to any person, any consideration,
treatment, advantage, or favor beyond that granted or made available to all citizens.
City employees must not secure special privileges or exemption for themselves or their
relatives and friends beyond that available to all citizens.
d. Use of Information
Employees must not use privileged information for their own financial advantage or
disclose information that would provide others with financial advantages. Each
employee is charged with the responsibility of ensuring that he or she releases only
information that is available to the general public.
e. Use of Public Property
No City employee shall request, use, or permit the use of any publicly-owned property,
vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the
personal convenience or advantage of the employee or any other person, except for that
use which is generally available to the public. No City-owned property may be
removed from the worksite except for the purpose of conducting City business.
SECTION12 POLITICAL ACTIVITY
City of Iowa City employees are free to exemise all rights of citizenship. However, in order to
obey federal and state laws and to ensure that the City will operate effectively and fairly, some
guidelines are necessary:
a. Acceptable Activities
(1) An employee is free to express opinions and convictions or make statements
and comments concerning wages or other conditions of employment.
(2) An employee is free to participate politically in both partisan and non-partisan
activities on off-duty time so long as the restrictions listed below are followed.
Personnel Policies Rev. 12/04
15
(3) An employee whose position is not federally funded is permitted to be a
candidate for a partisan or non-partisan office, while a federally funded
employee may be a candidate for a non-partisan position only.
(4) An employee has the right to vote as he/she chooses and to express his/her
opinions on political subjects and candidates.
b. Restrictions
(1) An employee shall not, while performing official duties or while using City
equipment at the employee's disposal by reason of his/her position, solicit
contributions for any political party or candidate, or engage in any political
activity.
(2) An employee shall not attempt to influence the vote or political action of
another by seeking an appointment, increase in pay, or other business or
employment advantage for that person with the City.
(3) An employee who supervises employees shall not directly or indirectly solicit
the persons supervised to contribute money, anything of value, or service to a
candidate, a political party, or a political committee.
(4) An employee who becomes a candidate for public office shall, upon request be
given a leave of absence without pay. Such leave shall commence any time
within 30 days prior to a primary, special, or general election. An employee
who is a candidate for any elective office shall not campaign while on duty as
an employee.
Humanrel/employee manual/perspolcmnl.doc
Personnel Policies Rev. 12/04
Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 05-9 ~ ,o~
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
CITY WATER TREATMENT PLANT ARCHITECTURAL PRECAST REPAIRS
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISN ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construct[on of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The Ci~ Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 25~ day of January,
2005, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 1st day of February, 2005, or at a later date and/or time as determined by the
Director of Public Works or designee, with notice of said later date and/or time to be
published as required by [aw, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Passed and approved this 4th day of ~]~npary ,20 05 ·
MAYOR
Approved by
CITY'CLERK City Attorney's Office
pwengYes\wtdq31ant~ ~ p&s.doc 12/04
Resolution No. 05-9
Page 2
It was moved by 0'Donne11 and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
O'Donnell
X
X Vanderhoef
X Wilbum
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 05-10
RESOLUTION APPROVING PLANS, SPECIFICATIONS, SPECIAL
PROVISIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENTS -
NAPOLEON LANE TO CITY LIMITS PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, this is a joint project with Johnson County; and
WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and
WHEREAS, this project will be bid as FM-TSF-CO52(73)-5B-52 and STP-S-CO52(67)--5E-52;
and
WHEREAS, bids will be accepted on January 19, 2005 at 10:00 a.m. by the laDOT in Ames, IA;
and
WHEREAS, notice of public hearing on the plans, specifications, special provisions, form of
contract and estimate of cost for the above-named project was published as required by law, and
the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, special provisions, form of contract and estimate of cost for the
above-named project are hereby approved.
2. The amount of bid secudty to accompany each bid for the construction of the above-
named project shall be in an amount between 5% (five percent) and 10% (ten percent) of
bid.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by
the laDOT for the construction of the above-named project in a newspaper published at
least once weekly and having a general cimulation in the city.
4. Bids for the above-named project are to be received by the laDOT in Ames, Iowa, until
10:00 a.m. on the 19th day of January, 2005, or at a later date and/or time as determined
by the laDOT, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the laDOT, and thereupon referred to the Council of
the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meetin.g~,t
to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1
day of February, 2005, or at a later date and/or time as determined by the Director of
Public Works or designee, with notice of said later date and/or time to be publiShed as
Resolution No. 05-10
Page 2
required by law, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Passed and approved this 4th day of January ,20 I').~ ·
Approved by
It was moved by Vanderhoef and seconded by Bai l ey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Pweng/res/sgilber tprojappp&s.doc 1/05
Prepared by: Ron Knoche, City Engineer. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIAL
PROVISIONS, FORM OF CONTRACT AND ESTIMATE COST FOR THE
CONSTRUCTION OF THE SOUTH GILBERT STREI IMPROVEMENTS -
NAPOLEON LANE TO CITY LIMITS PROJECT, ;HING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DI CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND F TIME AND PLACE FOR
:EIPT OF BIDS.
WHEREAS is is a joint project with and
WHEREAS, this act will be bid by the Iowa of Transportation (IaDOT); and
WHEREAS, this fill be bid as (73)--5B-52 and STP-S-CO52(67)--5E-52;
and
WHEREAS, bids will be acce 18, 2005 at 10:00 a.m. by the laDOT in Ames, IA;
and
WHEREAS, notice of public heari~ e plans, specifications, special provisions, form of
contract and estimate of ~ed project was published as required by law, and
the hearing thereon held. .. %
NOW, THEREFORE, BE IT )LVED BY THE OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifi, special provisions, form ,ntract and estimate of cost for the
above-named pr t are hereby approved.
2. The amount security to accompany each bid for construction of the above-
named proje be in an amount between 5% (five and 10% (ten percent) of
bid.
3. The City is hereby authorized and directed to publish receipt of bids by
the laD( for the construction of the above-named project in a published at
having a general circulation in the city.
4. the above-named project are to be received by the laDOT in Iowa, until
10:00 a.m. on the 18th day of January, 2005, or at a later date and/or time ;rmined
by the IaDOT, with notice of said later date and/or time to be published as re¢ by law.
Thereafter the bids will be opened by the laDOT, and thereupon referred to the of
the City of Iowa City, Iowa, for a recommendation of action upon bids at its next g,
to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1
day of February, 2005, or at a later date and/or time as determined by the Director of
Public Works or designee, with notice of said later date and/or time to be published as
required by law, or if said meeting is cancelled, at the next meeting of the City Council
Resolution No.
Page 2
thereafter as posted by the City Clerk.
Passed and approved day of 20
MAYOR
)roved by
ATTEST:
CITY CLERK Office
It was moved by and by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
% Lehman
~ O'Donnell
Pweng/res/sgilbertprojappp&
January 4, 2005
The City Council of Iowa City, Iowa, met in regu] ar session, in the Emma
J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P.M. on the above date. There
were present Mayor lehman , in the Chair, and the following named
Council Members:
Bailey, Champion, Elliott, Lehman,O'Donnell,
Vandmrhnof: Wilhurn
Absent: None
-1-
This being the time and place fixed for a public hearing on the matter of the
adoption of the proposed Amendment No. 1 to the Northgate Corporate Park Urban
Renewal Plan, the Mayor first asked for the report of the Designated Representative with
respect to the consultation held with the affected taxing entities to discuss the proposed
Amendment. The Council was informed that the consultation was duly held as ordered
by the Council, and that no written recommendations were received from affected
taxing entities. The report of the Designated Representative with respect to the
consultation was placed on file for consideration by the Council.
The Council also was informed that the proposed Amendment had been approved
by the Planning and Zoning Commission as being in conformity with the general plan for
development of the City as a whole, as set forth in the minutes or report of said
Commission previously placed on file for consideration by the Council.
The Mayor then asked the City Clerk whether any written objections had been
filed with respect to the proposed Amendment, and the City Clerk reported that one
written objections thereto had been filed. The Mayor then called for any oral objections
to the adoption of the proposed Amendment No. 1 to the Northgate Corporate Park Urban
Renewal Plan and none were made. The public hearing was then closed.
[Attach summary of objections here]
-2-
Council Member Champi on then introduced the following
Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE
AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION
THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;
DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL
PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE NORTHGATE
CORPORATE PARK URBAN RENEWAL PLAN THEREFOR" and moved that the
same be adopted. Council Member 0' Donnel 1 seconded the motion to
adopt. The roll was called and the vote was,
AYES: Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn~ Bailey
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
RESOLUTION NO. 05-11
RESOLUTION DETERMINING AN AREA OF THE CITY
TO BE AN ECONOMIC DEVELOPMENT AREA, AND
THAT THE REHABILITATION, CONSERVATION,
REDEVELOPMENT, DEVELOPMENT, OR A
COMBINATION THEREOF, OF SUCH AREA IS
NECESSARY IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS
OF THE CITY; DESIGNATING SUCH AREA AS
APPROPRIATE FOR AN URBAN RENEWAL PROJECT;
AND ADOPTING AMENDMENT NO. 1 TO THE
NORTHGATE CORPORATE PARK URBAN RENEWAL
PLAN THEREFOR
WHEREAS, by Resolution No. 99-111 adopted April 6, 1999, this Council found
and determined that certain areas located within the City are eligible and should be
designated as an urban renewal area under Iowa law, and approved and adopted the
Northgate Corporate Park Urban Renewal Plan of the City of Iowa City, Iowa (the
"Plan") for the Urban Renewal Area described as follows:
-3-
Lots 1-20 Highlander Development, First Addition, Iowa City, Iowa.
WHEREAS, a proposed Amendment No. 1 to the Plan has been prepared, which
proposed Amendment is on file in the office of the City Clerk and which is incorporated
herein by reference, the purpose of which is to add additional purposes to the Plan, and to
set forth and include within the Plan additional land, as follows:
Weiler Parcel
Auditor's parcel B as described on plat of survey recorded in Book 34,
Page 191, Plat Records of Johnson County, Iowa, being a portion of the
northeast quarter of the southwest quarter of Section 36, Township 80
North, Range 6 West of the 5th P.M.; subject to easements and restrictions
of record.
Jones\Southgate Development Company Parcel
That portion of the northwest quarter of the southeast quarter of Section 36,
Township 80 North, Range 6 West of the 5th P.M., excepting therefrom
that portion platted as Highlander Development First Addition, Iowa City,
Iowa, according to the plat thereof recorded in Plat Book 25, Page 52, Plat
Records of Johnson County, Iowa, subject to easements and restrictions of
record.; and
WHEREAS, it is desirable that these areas be redeveloped as part of the overall
redevelopment area covered by said Plan;
WHEREAS, the Iowa statutes require the City Council to submit the proposed
Amendment No. 1 to the Northgate Corporate Park Urban Renewal Plan to the Planning
and Zoning Commission for review and recommendation as to its conformity with the
general plan for development of the City as a whole, prior to City Council approval
thereof; and
WHEREAS, adoption of Amendment No. 1 has been approved by the Planning
and Zoning Commission for the City as being in conformity with the general plan for
development of the City as a whole, as evidenced by its written report and
recommendation filed herewith, which report and recommendation is hereby accepted,
approved in all respects and incorporated herein by this reference; and
WHEREAS, by resolution adopted on November 16, 2004, this Council directed
that a consultation be held with the designated representatives of all affected taxing
entities to discuss the proposed Amendment No. 1 to the Northgate Corporate Park Urban
Renewal Plan and the division of revenue described therein, and that notice of said
-4-
consultation and a copy of the proposed Amendment No. 1 to the Northgate Corporate
Park Urban Renewal Plan be sent to all affected taxing entities; and
WHEREAS, pursuant to such notice, the consultation was duly held as ordered by
the City Council and all required responses to the recommendations made by the affected
taxing entities, if any, have been timely made as set forth in the report of the Designated
Representative filed herewith and incorporated herein by this reference, which report is in
all respects approved; and
WHEREAS, by said resolution this Council also set a public hearing on the
adoption of Amendment No. 1 to the Northgate Corporate Park Urban Renewal Plan for
this meeting of the Council, and due and proper notice of said public heating was given,
as provided by law, by timely publication in the "Press-Citizen", which notice set forth
the time and place for this hearing and the nature and purpose thereof; and
WHEREAS, in accordance with said notice, all persons or organizations desiring
to be heard on said proposed Amendment No. 1 to the Northgate Corporate Park Urban
Renewal Plan, both for and against, have been given an opportunity to be heard with
respect thereto and due consideration has been given to all comments and views
expressed to this Council in connection therewith and said public heating has been
closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the findings and conclusions set forth or contained in the Plan and
Amendment No. 1 thereto concerning the area of the City of Iowa City, Iowa desctibed in
the preamble hereof, be and the same are hereby ratified and confirmed in all respects as
the findings of this Council for this area.
Section 2. This Council further finds:
oA feasible method exits for the location of families who will be displaced from
the Northgate Corporate Park Urban Renewal Area into decent, safe and sanitary
dwelling accommodations within their means and without undue hardship to such
families;
· The Plan and Amendment No. 1 to the Northgate Corporate Park Urban Renewal
Plan of the City of Iowa City, Iowa, conform to the general plan for the
development of the City as a whole; and
· As to those areas of open land included within the Northgate Corporate Park
-5-
Urban Renewal Area to be acquired by the City:
· With reference to those portions thereof which are to be developed for
residential uses, this City Council hereby determines that a shortage of
housing of sound standards and design with decency, safety and sanitation
exists within the City; that the acquisition of the area for residential uses is
an integral part of and essential to the program of the municipality; and that
one or more of the following conditions exist:
A. That the need for housing accommodations has been or will
be increased as a result of the clearance of slums in other areas,
including other portions of the urban renewal area.
B. That conditions of blight in the municipality and the shortage
of decent, safe and sanitary housing cause or contribute to an
increase in and spread of disease and crime, so as to constitute a
menace to the public health, safety, morals, or welfare.
C. That the provision of public improvements related to housing
and residential development will encourage housing and residential
development which is necessary to encourage the retention or
relocation of industrial and commercial enterprises in this state and
its municipalities.
D. The acquisition of the area is necessary to provide for the
construction of housing for low and moderate income families.
· With reference to those portions thereof which are to be developed for
non-residential uses, the City Council hereby determines that such non-
residential uses are necessary and appropriate to facilitate the proper growth
and development of the City in accordance with sound planning standards
and local community objectives.
Section 3. That the Northgate Corporate Park Urban Renewal Area is an
economic development area within the meaning of Iowa Code Chapter 403; that such
area is eligible for designation as an urban renewal area and otherwise meets all requisites
under the provisions of Chapter 403 of the Code of Iowa, and that the rehabilitation,
conservation, redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety or welfare of the residents of this
City.
Section 4. That Amendment No. 1 to the Northgate Corporate Park Urban
-6~
Renewal Plan of the City of Iowa City, Iowa be and the same is hereby approved and
adopted as "Amendment No. 1 to the Northgate Corporate Park Urban Renewal Plan for
the City of Iowa City, Iowa"; Amendment No. 1 to the Northgate Corporate Park Urban
Renewal plan of the City of Iowa City, Iowa, is hereby in all respects approved; and the
City Clerk is hereby directed to file a certified copy of said Amendment No. 1 with the
proceedings of this meeting.
Section 5. That the Plan, as so amended, for the Northgate Corporate Park Urban
Renewal Area shall be in full force and effect from the date of this Resolution until the
later of the date of temfination set forth in the Plan as so amended, or the date on which
payment of all obligations issued or advances made to carry out the purposes thereof shall
be fully provided for. Said proposed Amendment No. 1 to the Northgate Corporate Park
Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of
this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the
manner provided by law.
Section 6. That all other provisions of the Plan not affected or otherwise revised
by the terms of Amendment No. 1 thereto, as well as Resolution No. 99-111 previously
adopted by this City Council be and the same are hereby ratified, confirmed and
approved in all respects.
PASSED AND APPROVED this 4th day of January, 2005.
ATTEST:
City Clerk
DLILLEBOM-34275\I \10714.085
-7-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a tme and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said law
and with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
city offices as indicated therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 6th
day of danuar.¥ ,2005.
City Clerk, Iowa City, Iowa
SEAL
DLILLEBO~431919\1 \10714.085
Northgate Corporate
Park Urban Renewal
Plan
First Amendment - January 4, 2005
Table of Contents
Section I - Introduction
Section 2 - Urban Renewal Plan Objectives
Section 3 - Description of Urban Renewal Area
Section 4 - Proposed Urban Renewal Actions
Section 5 - Land Use
Section 6 - Relocation of Families
Section 7 - Current Debt and Proposed Indebtedness
Section 8 - Other Provisions Necessary to Meet State & Local Requirements
Section 9 - Procedures for Changes in Approved Plan
Addendum No. 1 - Legal Description
Addendum No. 2 - Northgate Corporate Park Urban Renewal Project Area Map
ecodev/amended urp for nodhgate.doc 2
Introduction
The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-
being for the residents of Iowa City and outlines the goals the community must strive to
achieve in order to attain its economic well-being vision. The goals outlined in the
Comprehensive Plan are:
· Diversify and increase the property tax base by (1) encouraging the retention and
expansion of existing industry and (2) attracting industries that have growth
potential and are compatible with existing businesses;
Increase employment opportunities consistent with the available labor force;
Provide and protect areas suitable for future industrial and commercial
development;
Cooperate with local and regional organizations to promote economic
development within Iowa City;
· Improve the environmental and economic health of the community through the
efficient use of resources; and
· Consider financial incentives and programs to facilitate achieving the above
goals.
In order to make development sites attractive to new and expanding firms,
communities are more and more called upon to provide financial incentives and
programs to make a development site and the area attractive to potential businesses.
Other development sites in the area, which already cater to office, research, production,
and assembly uses, make tax increment financing available to qualifying businesses that
are looking at those development sites. The City has concluded it is in the interest of its
citizens to encourage the development of an office and research development park in
order to provide a competitive development site for office, research, production and/or
assembly uses. To assist with ensuring that this type of development site is
competitive, the City intends to make available the use of tax increment financing as a
means to finance the construction of some of the necessary private and/or public
infrastructure improvements within the Northgate Corporate Park Urban Renewal Plan
Area, referred to hereafter in this Plan as the Urban Renewal Project Area. In addition,
the City will make available the use of tax increment financing to provide direct grants,
loans, or rebates for qualifying businesses planning to locate in the Urban Renewal
Project Area.
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapter 403 of the 2003 Code of Iowa, as amended.
ecodev/amended urp for norihgate2.doc 3
Urban Renewal Plan Objectives
The overall goal of the Northgate Corporate Park Urban Renewal Plan is to formulate
and execute a workable program using public and private resources to develop the
Urban Renewal Project Area for office, research, production and/or assembly uses. The
following objectives have been established for the proposed Urban Renewal Project
Area:
To encourage and support development that will expand the taxable values of
property within the Urban Renewal Project Area.
· To encourage the development of start-up firms, the expansion of existing
businesses, and the attraction of new industries.
· To provide for the orderly physical and economic growth of the city.
· To enhance the availability of sites to accommodate the construction of new office,
research, production and/or assembly buildings;
· To assist with the provision of infrastructure to enable competitive land prices and
lease rates;
· To make public improvements as deemed necessary by the City to support new
office, research, production and/or assembly development;
· To provide financial incentives and assistance to qualifying businesses.
Description of Urban Renewal Area
The legal description of this proposed Urban Renewal Project Area is included in the
Plan as Addendum No. 1 - Legal Description.
The location and general boundaries of the Northgate Corporate Park Urban Renewal
Plan Area are shown on Addendum No. 2 - Location Map: Northgate Corporate Park
Urban Renewal Project Area. This area is approximately 93.94 acres.
Proposed Urban Renewal Actions
Proposed urban renewal actions will consist of private site improvements, public
infrastructure improvements, and financial incentives to encourage office, research,
production and/or assembly uses development.
Private Site Improvements
Site improvements may include, but are not limited to, design and construction of
buildings, grading for building construction and amenities; adequate paving and
parking; adequate landscaping; and on-site utilities. Tax increment financing may be
used by qualifying businesses to finance these private site improvements.
ecodev/amended urp for northga{e2.doc 4
Public Infrastructure Improvements
Public infrastructure improvements may include, but are not limited to, stormwater
management facilities, public streets and sidewalks, sanitary sewers, storm sewers,
utilities and open space improvements. Tax increment financing may be available to
finance the construction of these improvements, in whole or in part, at the City
Council's discretion.
Financial Incentives
At the City Council's discretion, tax increment financing may be available for providing
direct grants, loans, or rebates for those qualifying businesses engaged in office,
research, production and/or assembly activities allowed in the Office Commercial (CO-
l) Zone, Office and Research Park (ORP) or the Research Development Park (RDP)
Zone. The funds from the direct grants, loans, or rebates may be used for, but are not
limited to, financing the private site improvements listed above. Qualifying businesses
shall be determined by the City Council.
Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan
The Urban Renewal Project Area is part of the area at the 1-80 interchange with
Highway 1. The Iowa City Comprehensive Plan states that this area...
...provides one of the few opportunities for office research park d~velopment in Iowa City.
National Computer Systems (within the North Corridor Planning District) and
American College Testing (south of 1-80 in the North Corridor Planning District) are
successful examples of this type of development. With the tone set by these two
companies and the advantages of interstate exposure, land around this interchange
should continue to be preserved for office research park and research development park
opportunities.
The designation of the Urban Renewal Project Area for office, research, production
and/or assembly uses is consistent with the Iowa City Comprehensive Plan.
C,.O
ecodev/amended urp fcr northgate.doc 5
Current Zoning
The Project Area's present zoning designations of (CO-1) Office Commercial Zone and
(ID-ORP) Interim Development-Office and Research Park is consistent with this Urban
Renewal Plan.
Current and Proposed Land Uses
The Project Area is presently used for office, research and agriculture. One
residential\acreage property is included in the Project Area that is currently zoned for
Interim Development - Office and Research Park (ID-ORP). Potential land uses include
office, research, production, and/or assembly purposes.
Relocation of Families
Though the Northgate Corporate Park Urban Renewal Plan does not anticipate the
need to relocate families, in the event that such needs arise the City has considered
provisions for the relocation of persons, including families, business concems and others
who could be displaced as a result of improvements to be made in the designated Urban
Renewal Project Area. Upon such consideration, the following shall be provided under
the Northgate Corporate Park Urban Renewal Plan:
Benefits
Upon the City's verification of a property owner's eligibility for tax increment financing,
qualified tenants in the designated Urban Renewal Project Area shall be compensated by
the property owner for one month's rent and for actual reasonable moving and re~ated
expenses, where said displacement was due to action on the part of the prop~ owner to
qualify for said tax increment financing.
Eligibility
.~.
Qualified tenant means the legal displaced occupant of a resldenhal dwellulg. ~mt vtl~ich
is located within the designated Urban Renewal Project Area where the per~n or fd/xfily
has occupied the same dwelling unit continuously for twelve months prior to theC~ity
making tax increment financing available to a project within the Urban Renewal Project
Area. There are no relocation provisions made for displacement from commercial units.
ecodev/amended urp for northgate.dcc 6
Actual Reasonable Moving and Related Expenses
A qualified tenant of a dwelling is entitled to actual reasonable expenses for:
a. Transportation of the displaced person and personal property from the
displacement site to the replacement site. Transportation costs for a
distance beyond twenty-five miles are not eligible.
b. Packing, crating, unpacking and uncrating of personal property.
c. Disconnecting, dismantling, removing, reassembling and reinstalling
relocated household appliances and other personal property.
d. Discontinuing, transferring or reconnecting utility services, including cable
television.
Least Costly Approach
The amount of compensation for an eligible expense shall not exceed th~{east c~tly
method of accomplishing the objective of the compensation without cau~l.ng ui~-clue
hardship to the displaced tenant and/or landlord.
Current Debt and Propose Indebte ess
-'_.2
List of Current General Obligation Debt ~ ' ' --
co
General Obligation Debt by Issue
6-30-O4
Issue Original Final Principal
Date Amount Interest Rates Maturity Outstanding Notes
1996 $6,100,000 ' 3.6% - 5.5% 6/15 $300,000 (1)
1997 $5,200,000 4.5% - 4.7% 6/07 $1,525,000
1997 $5,540,000 4.875% - 5.0% 6/17 $3,875,000 (2)
1998 $8,500,000 4.35% - 4.75% 6/13 $5,050,000
1999 $%000,000 4.125% - 4.75% 6/28 $6,650,000
2000 $14,310,000 5.0% - 5.5% 6/18 $12,215,000
2001 $11,500,000 4.0% - 4.9% 6/16 $9,615,000
2002 $29,100,000 3.5% - 5.0% 6/21 $25,930,000
2002 $10,600,000 2.5% - 4.0% 6/15 $7,050,000 (3)
2003 $5,570,000 2.5% - 3.6% 6/14 $5,570,000
2004 $7,305,000 4.0% - 5.4% 6/23 $7,305,000 (4)
(1) 75.41% abated by water revenues.
(2) 100% abated by water revenues.
(3) Abatement estimates are as follows: 11.96% sewer, 13.12% parking and 52.58% water revenues.
(4) Tax Increment bonds are to be repaid through Tax Increment Financing revenue.
ecodev/amended urp for northgate,doc 7
(4) Current Constitutional Debt Limit of the City of Iowa City
The Constitution of the State of Iowa, Article XI, Section 3, provides as follows:
"Indebtedness of political or municipal corporations. No county, or other political or
municipal corporation shall be allowed to become indebted in any manner, or for any
purpose, to an amount, in the aggregate, exceeding five per centum on the value of
taxable property within such county or corporation-to be ascertained by the last State and
County tax lists, previous to the incurring of such indebtedness."
Debt Limit Computation
Total Assessed Actual Valuation $3,195,170,779
Legal Debt Limit of 5% of 2003 Assessed Actual Value $159,758,539
Debt Chargeable Against Limit $85,085,000
Legal Debt Limit Available $74,673,539
Proposed Amount of Indebtedness:
Through the actions of this urban renewal plan, the City of Iowa City proposes to
potentially incur indebtedness for public infrastructure improvements, private site
improvements, and financial incentives to qualifying businesses. Given the uncertainty
of the needs of future business development projects within the Urban Renewal Area,
the proposed amount of indebtedness is difficult to determine at this time. Given recent
development projects requesting assistance in some form of property tax assistance and
assuming all future projects within the Urban Renewal Area would qualify for
assistance under the Urban Renewal Plan, the proposed amount of indebtedness to be
incurred, including loans, advances, indebtedness, or bonds which qualify could equal
as much as $10.0 million over the 20 year period of the Urban Renewal Plan.
ecociev/amended urp for northgate.doc
Other Provisions Necessary to Meet State and Local Requirements
Chapter 403 of the 2003 Code of Iowa, as amended, authorizes cities to exercise urban
renewal powers and certain other powers for the development of economic
development areas. Certain provisions must be fulfilled to exercise these powers. These
provisions and the method(s) by which the City of Iowa City proposes to fulfill these
provisions (shown with an *) are detailed below.
Provision: A Resolution of necessity finding that a slum, blighted, and/or an
economic development area exists in the community and that
designation of this area as a proposed Urban Renewal Project Area is
appropriate.
* A Resolution of Necessity was adopted by the City Council on
January 4, 2005. This Resolution of Necessity declares the area
encompassed by this Urban Renewal Plan is appropriate for
development in conformance with the City's zoning and
comprehensive plan; however, due to certain circumstances,
appropriate economic development of office, research, production
and/or assembly park uses has not occurred on the vacant and
under-utilized property which exists in the proposed Urban Renewal
Project Area.
Provision: A Resolution of Necessity which determines that the proposed Urban
Renewal Project Area is in need of economic development because
certain conditions exist which effectively hinder development.
* A Resolution of Necessity designating the area as meeting the criteria
detailed by Chapter 403, Code of Iowa (2003), was adopted by the
City Council on January 4, 2005.
Provision: A general plan for the development of the municipality has been
adopted.
* The City of Iowa City adopted the Iowa City Comprehensive Plan -
1997 in December 1997
Provision: The Planning and Zoning Conunission has made and forwarded its
recommendation(s) to the City Council as to the conformity of this
Urban Renewal Plan with the Iowa City Comprehensive Plan - 1997
* The Planning and Zoning Commission recommendation was
forwarded to the City Council on December 2, 2004.
Provision A designated representative of the municipality shall hold a
consultation with designated representatives of the affected taxing
districts after notice is given by regular mail and prior to the public
hearing on the plan.
* The consultation with representatives from the affected taxing
districts was held on December 8, 2004. The notice was mailed by
regular mail on November 29, 2004.
Provision Representatives of the affected taxing districts may make written
recommendations for modification to the proposed division of
revenue no later than seven days following the date of the
consultation. The representative of the municipality shall, no later
than seven days prior to the public hearing on the urban renewal
plan, submit a written response to the affected taxing entity
addressing the affected taxing districts' recommendations to the
proposed division of revenue.
* Comments were (were not) received from the affected taxing districts
by December 15, 2004, which was seven days following the date of the
consultation.
* On December 22, 2004, at least seven days prior to the l~lic h~_~_~ring
on the urban renewal plan, the representative of the m .u~_~q-ipali~ did
(did not) submit a written response on to the affected-fg~i, ng ~tity
addressing the affected taxing districts' recommenda_'~ons t~ th~7---
proposed division of revenue.
~ ~_-~_~ffter
Provision: A public hearing on the on the Urban Renewal Plan 'tiel
official publication of the public notice.
* The public hearing on the Urban Renewal Plan document pursuant to
state law was held on January 4, 2005. The public notice was
published December 16, 2004, in the Press Citizen~ a newspaper
having a general circulation in Iowa City.
Provision: Approval of the Urban Renewal Plan by the local public agency after
finding that:
(a) A feasible method exists for relocating families.
(b) The Urban Renewal Plan conforms to the general plan known as
ecodev/amended urp for northgate.doc 10
the Iowa City Comprehensive Plan - 1997.
* The plan includes a feasible method for relocating families.
On January 4, 2005, the City Council of the City of Iowa City by
resolution has found this Urban Renewal Plan to be in conformance
with the Iowa Ci.ty Comprehensive Plan - 1997, the adopted general
plan for the municipality.
Procedures for Changes in Approved Plan
If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after
providing public notice, holding a public hearing on the proposed change, and
undertaking other required actions in conformance with applicable state and local laws.
ecodev/amended urp for northgale2.doc 11
Addendum No. 1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows:
Lots 1-20 Highlander Development, First Addition, Iowa City, Iowa
Weiler Parcel
Auditor's parcel B as described on plat of survey recorded in Book 34, Page 191, Plat
Records of Johnson County, Iowa, being a portion of the northeast quarter of the
southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.;
subject to easements and restrictions of record.
lones\Southgate Development Company Parcel
That portion of the northwest quarter of the southeast quarter of Section 36, Township
80 North, Range 6 West of the 5th P.M., excepting therefrom that portion platted as
Highlander Development First Addition, Iowa City, Iowa, according to the plat thereof
recorded in Plat Book 25, Page 52, Plat Records of Johnson County, Iowa, subject to
easements and restrictions of record.
ecodev\ngurbrev.pln
ecodev/amended urp for northgate2.doc 12
iTy OF iOWA CITY CORPOR~~'~
~.._..----~-- ---------------' '-"7"'~;/"/A----~ ~lOF~,~r~Xlanded~~~d-,,
4~ID-ORP i
ID-SRP ORP / ~
CO1 ~
ADDENDUM 2: Location Map No~hgate Corporate Park, Urban Renewal Project Area
Council Member then introduced the
Resolution entitled "RESOLUTION DETERMINING BE
AN ECONOMIC DEVELOPMENT AREA, AND THAT THE ~N,
CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR
THEREOF, OF SUCH AREA IS NECESSARY IN OF THE PUBLIC
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS CITY;
DESIGNATING SUCH AREA AS APPROPRIATE FOR
PROJECT; AND ADOPTING AMENDMENT NO. 1 TO
CORPORATE PARK URBAN RENEWAL and moved that the
same be adopted. Council Member __ seconded the motion to
adopt. The roll was called and the vote was,
N,
AYES:
NAYS: N
Whereupon, the Mayor duly adopted as follows:
RE: NO.
RESOLUTION AN AREA OF THE CITY
TO B] AND
THAT THE ,'~ONSERVATION,
REDEVEL( ,DEVELOPIvl~NT, OR A
COMBINATION' iREOF, OF SU~xH AREA IS
NECESSARY IN/ ~ INTEREST OF~HE PUBLIC
HEALTH, SAFE/ti ~ WELFARE OF X[HE RESIDENTS
OF THE CITY;tO] JNATING SUCH AI~EA AS
APPROPRIAT~ FOR AN URBAN RENEW~AL PROJECT;
AND ADOPTING AMENDMENT NO. 1 TO, THE
NORTHGAT]~ CORPORATE PARK URBAN RENEWAL
PLAN THE~/EFOR
WHEREAS, by Re/solution No. 99-111 adopted April 6, 1999, this Council found
and determined that certain areas located within the City are eligible and should be
designated as an urban rehewal area under Iowa law, and approved and adopted the
-3-
Northgate Corporate Park Urban Renewal Plan of the City of Iowa City, Iowa (the
"Plan") for the Urban Renewal Area described as follows:
Lots 1-20 Highlander Development, First Addition, Iow?City, Iowa.
/
WHEREAS, a proposed Amendment No. 1 to the PlChas been prepared, which
proposed Amendment is on file in the office of the City C~6rk and which is incorporated
herein by reference, the purppse of which is to add addit~6nal purposes to the Plan, and to
set forth and include within tie Plan additional land, ~/follows:
Weiler Parcel
~cel B as d~scribed on plat of s;ui'vey recorded in Book 34, Page
191, Plat Records of Johxnson County, Iow~i, being a portion of the northeast
quarter of the southwest ~uarter of Secti9n 36, Township 80 North, Range 6
West of the 5th P.M.; sub, ct to easem ,ents and restrictions of record.
Jones\Southgate Developm~t Coml~n¥ Parcel
That portion of the northwest~quart¢} ol; the southeast quarter of Section 36,
Township 80 North, Range 6 ~eS~ of the 5th P.M., excepting therefrom that
portion platted as Highlander D~'~elopment First Addition, Iowa City, Iowa,
according to the plat thereof receded in Plat Book 25, Page 52, Plat
Records of Johnson County, Iowa~subject to easements and restrictions of
record.
/ \
Fuhrmeister Parcel*
Beginning at the Southe~t Comer ~uarter of Section 36,
Township 80 North, RaCge 6 West 5th Principal Meridian, and for
the purpose of this leg~l description, ;ast line of said Northwest Quarter
of Section 36, ~s assu~ned to bear 6"W, Thence S00°55'48"E,
along the East line of the of said Section 36, 196 89 feet,
Thence N88°59'20'fW, 388 43 feet. 20 00 feet,
Thence N83°00'0~'W, 80 15 feet; 749'44"E, 44 54 feet;
Thence Northwesterly, 96 99 feet, along a 92 foot radius curve, concave
southwesterly, wlSose 92 64 foot chord bears Thence
Northwesterly, 43.89 feet, along a 74 26 curve, Southwesterly,
whose 43 25 foot chord bears N69°55'35"W ~, N86°51'30"W, 223
62 feet, to a point on the centerline of Iowa 1, Thence
Northeasterly/377 94 feet, along a 2865 00 foot concave
Southeasterly,, whose 377 74 foot chord bears N35°43'24"E; Thence
N39°06'09"E; along said Centerline, 562 50 feet; Thence S50°53'5 I"E,
-4-
261 84 feet, to a point on the East Line of said NorthwestQuarter of
Section 36; Thence S00°26' 16"E, along said East Line, 541 88 feet, to the
Point of Beginning Said Tract of land contains 9 66 acres or less, and
is subject to easements and restrictions of record; :state being also
described as.
Auditor's Parcel No A a~ Shown on the Plat of >f a Portion of the
NWl\4, Section 36, Township 80 North, Range 6 : of the 5th P M
recorded in Plat Book 32,~at page 67, plat records lohnson County, Iowa
The above described real e~.ate is su~,bject to 1¢ of Iowa-Illinois Gas
and Electric Company to maintain it s e ~ electrical lines and poles
over and on said real estate a~d to enter said real estate to repair or
replace said lines and poles, aBd, is ect to an easement in favor
of the grantors, their assigns success~ in interest, to maintain the
existing utility service line the described real estate serving the
house situated on grantor's southerly and southwesterly
of the above described real /
* Only the part of real estate desc above that is located within the
corporate boundaries of the City~ shall be included in the
Northgate Urban Renewal Area?
/
; and
WHEREAS, it is desirable that these be redeveloped as part of the overall
redevelopment area covered by s~id Plan;
WHEREAS, the Iowa statutes require the Council to submit the proposed
Amendment No. 1 to the Nortfigate Corporate Renewal Plan to the Planning
and Zoning Commission for/eview and as to its conformity with the
general plan for developme,~t of the City as a whole, City Council approval
thereof; and //
WHEREAS, adoI~ion of Amendment No. 1 has approved by the Planning
and Zoning Commissio¢ for the City as being in '~( nfol ~ith the general plan for
development of the Ci¢, as a whole, as evidenced by it~ ten report and
recommendation filed/herewith, which report and recommendation is hereby accepted,
approved in all respe~s_.and incorporated herein by this reference; and
-5-
WHEREAS, by resolution adopted on November 16, 2004, this Council directed
that a consultation be held with the designated representatives of all affected taxing
entities to discuss the proposed Amendment No. 1 to the Northgate Corporate Park Urban
Renewal Plan and the division of revenue described therein, and that notice of said
consultation and a copy of the proposed Amendment No. 1 to the~ Northgate Corporate
Park Urban Renewal Plan be sent to all affected taxing entities/and
WHEREAS, pursuant to such notice, the consultatio//l was duly held as ordered by
the City Council and all required responses to the recomga'endations made by the affected
taxing entities, if any, have been timely made as set forph in the report of the Designated
Representative filed herewith and incorporated herein'by this reference, which report is in
all respects approved; and /
WHEREAS, by said ~olution this CouFSil also set a public hearing on the
adoption of Amendment No. to the Northg~te Corporate Park Urban Renewal Plan for
this meeting of the Council,due and proper notice of said public hearing was given,
as provided by law, ,ih the "Press-Citizen", which notice set forth
the time and place for this hearin and t!a8 nature and purpose thereof; and
WHEREAS, in accordance said notice, all persons or organizations desiring
to be heard on said proposed 1 to the Northgate Corporate Park Urban
Renewal Plan, both for and been given an opportunity to be heard with
respect thereto and due conside.ration ~ been given to all comments and views
expressed to this Council in cofinection public hearing has been closed.
NOW, THEREFORE/i BE BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IO'WA:
?
Section 1. That ~t~e findings and ons set forth or contained in the Plan and
Amendment No. 1 thereto concerning the City of Iowa City, Iowa described in
the preamble hereof, Se and the same are hereby and confirmed in all respects as
the findings of this ~°uncil for this area.
Section 2./~his Council further finds:
?
a/ A feasible method exits for the location of families who will be
displaced from the Northgate Corporate Park Urban Renewal Area into decent,
safe ancI'sanitary dwelling accommodations within their means and without undue
hardship to such families;
-6-
b. The Plan and Amendment No. 1 to the Northgate Corporate Park
Urban Renewal Plan of the City of Iowa City, Iowa, conform to the general plan
for the development of the City as a whole; and
c. As to those areas of open land included within the Northgate
Corporate Park Urban Renewal Area to be acquired by'the City:
/
i. With reft ~rence to those portio~gS thereof which are to be
developed for residen~ al uses, this City Cq~lncil hereby determines that a
shortage of housing of ound standards a~nd design with decency, safety and
sanitation exists within ~e City; that th~"hcquisition of the area for
residential uses is an inl gral part of al~l essential to the program of the
municipality; and that onl or more of~{he following conditions exist:
A. That !he need' for housing accommodations has been or
will be increased as~ a result of the clearance of slums in other areas,
including other portfons,bf the urban renewal area.
B. That c4~t~ditions of blight in the municipality and the
shortage of decent, S~fe and sanitary housing cause or contribute to
an increase in and ~prl~ad of disease and crime, so as to constitute a
menace to the public ~ealth, safety, morals, or welfare.
C. That the l~rovision of public improvements related to
housing and residential ~levelopment will encourage housing and
residential development ~vhich is necessary to encourage the
retention or relocatio.n .oP(n. dustrial and commercial enterprises in
this state and its municipalities.
D. The acquisiti{n of the area is necessary to provide for
the construction of housing ~or low and moderate income families.
ii. With reference to thos{ portions thereof which are to be
developed.for non-residential uses, th~ City Council hereby determines that
such non- !esidential uses are necessarg and appropriate to facilitate the
proper g?owth and development of the ~ity in accordance with sound
plannin~.standards__ and local community~gbjectives.
Section 3. That the Northgate Corporate Park Urban Renewal Area is an economic
development area within the meaning of Iowa Code Chapter 403; that such area is eligible
-7-
for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Chapter 403 of the Code of Iowa, and that the rehabilitation, conservation,
redevelopment, development, or a combination thereof, of such area is necessary in the
interest of the public health, safety or welfare of the residents of this Cit/y.
Section 4. That Amendment No. 1 to the Northgate Corporate/Park Urban
Renewal Plan of the City of Iowa Ci~, I~wa be and the same is her~y approved and
adopted as "Amendment No. 1 to the/Northgate Corporate Park Ufoan Renewal Plan for
the City of Iowa City, Iowa"; Amend~nent No. 1 to the Northgat~fCorporate Park Urban
Renewal plan of the City of Iowa Cit}/, Iowa, is hereby in all r~gpects approved; and the
City Clerk is hereby directed to file a ~ertified copy of said Afnendment No. 1 with the
proceedings of this meeting.
Section 5. That the Plan, as so'amended, for the)qorthgate Corporate Park Urban
Renewal Area shall be in full force anal effect from the'date of this Resolution until the
later of the date of termination set fort~t in the Plan ag~so amended, or the date on which
payment of all obligations issued or affyances made"~o carry out the purposes thereof shall
be fully provided for. Smd proposed ~mendmen~t No. 1 to the Northgate Corporate Park
Urban Renewal Plan shall be forthwith~!certifiedby the City Clerk, along with a copy of
this Resolution, to the Recorder for Joh~lson County, Iowa, to be filed and recorded in the
manner provided by law.
Section 6. That all other provisioBs of the Plan not affected or otherwise rewse
by the terms of Amendment No. 1 theret{, as well as Resolution No. previously
adopted by this City Council be and the s~tme are hereby ratified, confirmed and approved
in all respects.
PASSED AND APPROVED this 4t day of January, 2005.
Maybr
ATTEST:
City Clerk
DLILLEBO\434275\l \10714.085 ~
-8-
CITY 0£ IOWA CITY
~ ropos~ '
~DENDUM 2 kocation Map ~o~h~ate Gorporato ~ark, ~rban ~enowal ~roject Area
NOrthgate Corp~tate
park~Urbp~annl
\
First Amendment - January 2005
Introduction
The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-
being for t~ residents of Iowa City and outlines the goals the community must strive to
achieve in o~er to attain its economic well-being vision. The goals outlined in the
Comprehensiv~,?lan are:
· Diversify anXti, increase the property tax base by (1) encouraging the retention and
expansion of 'bxisting industry and (2) attracting industries that have growth
potential and ar*~2~compatible with existing businesses;
· Inc opportunities consistent with the a,cailable labor force;
· Provide and areas suitable for future indQstrial and commercial
development;
· Cooperate with regional to promote economic
development within Iowa
· Improve the environmental d economic of the community through the
efficient use of resources; and
* Consider financial incentives facilitate achieving the above
goals.
In order to make development sites to new and expanding firms,
communities are more and more called to provide financial incentives and
programs to make a development site and attractive to potential businesses.
Other development sites in the area, which to office, research, production,
and assembly uses, make tax fable to qualifying businesses that
are looking at those development sites, has is in the interest of its
citizens to encourage the development an office research development park in
order to provide a site research, production and/or
assembly .uses. To assist with that this e of development site is
competitive, the City intends to tvailable the use of increment financing as a
means to finance the construction of the private and/or public
infrastructure improve porate Urban Renewal Plan
Area, referred to hereafter in this as the Urban Renewal ect Area. In addition,
the City will make available the of tax increment financing direct grants,
loans, or rebates for qualifying planning to locate in U~bn Re_newal
Project Area.
To achieve the primary of this Plan, the City of Iowa City undertake? the
urban renewal actions as in this Urban Renewal Plan, pursuant
granted to it the 2003 Code of Iowa, as amended.
ecodev/amended urp for nodhgate.doc 3
Urban Renewal Plan Objectives
The overdll, Koal of the Northgate Corporate Park Urban Renewal Plan is to formulate
and executeX~ workable pro~ram using public and private resources to develop the
Urban Renew~ltxProject Area for office, research, production and/or assembly uses. The
following object~,es have been established for the proposed Urban Renewal Project
Area:
· To encourage )orr development that will expand?he taxable values of
property within the Renewal Project Area.
· To encourage the de of start-up firms, expansion of existing
businesses, and the industries.
· To provide for the orderly 'sical and economic ~f the city.
· To enhance the availability sites to construction of new office,
research, production and/or
· To assist with the provision of rastructure enable competitive land prices and
lease rates;
· To make public improvements necessary by the City to support new
office, research, production and development;
· To provide financial incentives and to qualifying businesses.
Description of Renewal Area
The legal description of this Urban Project Area is included in the
Plan as Addendum No. 1 - Legal D,
The location and general of the Corporate Park Urban Renewal
Plan Area are shown on No. 2 - Map: Northgate Corporate Park
Urban Renewal Project Area. ~/his area is ' 95.88 acres.
~o/posed U ' ~"
Pr rban Renewal ~ns
Proposed urban rene actions will consist of improvements, 1~blic
infrastructure improvements, and financial incentives to offiCe; research,
production and/or as ly uses development. \,,
Private Site Improve~nents
Site improvements may include, but are not limited to, design and construction of
buildings, grading for building construction and amenities; adequate paving and
parking; adequate landscaping; and on-site utilities. Tax increment financing may be
used by qualifying businesses to finance these private site improvements.
ecodev/amended urp for northgate.doc 4
Other Provisions Necessary to Meet State and Local Requirements
Chapter 403 of the 2003 Code of Iowa, as amended, authorizes cities to exercise urban
renewa0 powers and certain other powers for the development of economic
develolNment areas. Certain provisions must be fulfilled to exercise these powers. These
provisiorks and the method(s) by which the City of Iowa City proposes to fulfill these
provisions~shown with an *) are detailed below.
Provisi0~: A Resolution of necessity finding a slum, blighted, and/or an
',, economic development area in the community and that
\
X~esignation of this area as a Urban Renewal Project Area is
~p, propriate.
* A l~solution of was adopted by the City Council on
This Resolution of Necessity declares
the area encompassed this Urban Renewal Plan is appropriate for
develo in with the City's zoning and
however, due to certain circumstances,
apt development of office, research, production
and/or park uses has not occurred on the vacant and
under-utilized which exists in the proposed Urban Renewal
Project Area.
Provision: A z which determines that the proposed Urban
Renewal is in need of economic development because
certain which effectively hinder development.
* A of the area as meeting the cri~teria
by Chapter Code of Iowa (2003), was ado~ed b~:~the
!!: c-:,
~uncil on _,
Provision: general plan for the of the municipal[t~ has Ken
)ted.
The City of Iowa Ci~ the Iowa City Compreh~ive P~ -
1997 on December 1997
The Planning and Zoning has made and forwarded its
recommendation(s) to the City ,'ouncil as to the conformity of this
Urban Renewal Plan with the Plan - 1997
* The Planning and Zoning recommendation was
forwarded to the City Council on
ecodev/amended urp for northgate,doc 9
the Iowa City Comprehensive Plan - 1997.
* The plan includes a feasible method for relocating families.
On ,2005, the City Council of the City of Iowa City
by re~olution has found this Urban Renewal Plan to be in
conforrfl.~nce with the Iowa City Comprehensive Plan - 1997, the
adopted'general plan for the municipality. ., '
ProceduresX, !or Changes Approved,, Plan
If the City of Iowa City desires to &mend this Urbar)&enewal Plan, it may do so after
providing public notice, , on the proposed change, and
/ ' ' 1
undertaking other required conformar)ce w~th apphcable state and loca laws.
/
/
/
/
ecodev/amended urp for northgate.doc 1 1
Addendum No. 1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows:
Lots 1-20 t~ghlander Development, First Addition, Iowa City, Iowa
Weiler P, arcelN,
Auditor s parce'Kp as described on plat of survey recorded in Book 34, Page 191,
Plat Records of Jolx~son County, Iowa, being a portion of the northeast quarter of
the southwest quart~q~of Section 36, Township 80 North, West of the 5th
P.M.; subject to easem~ts and restrictions of record.
Jones\Southgate Develo Company Parcel
That portion of the quarter of the quarter of Section 36,
Township 80 North, Range of the 5th P.M. ~ therefrom that
portion platted as Hi Iowa City, Iow~
according to the plat thereof in Plat ~ 25, Page 52, Plat Record~-!
Johnson County, Iowa, subject to restrictions of record.
Fuhrmeister Parcel*
Beginning at the Southeast Corner of Quarter of Section 36,
Township 80 North, Range 6 West of 5th Principal Meridian, and for t~
purpose of this legal description, the of said Northwest Quarter of
Section 36, is assumed to bear . Thence S00°55'48'E, along the East
line of the Southwest Quarter 36, 196 89 feet, Thence
N88°59'20"W, 388 43 feet, Thence 20 00 feet, Thence N83°00'08"W,
80 15 feet; Thence N06°49'44"E Northwesterly, 96 99 feet,
along a 92 89 foot radius ~ve whose 92 64 foot chord
bears N23°04'58"W, Thence 43. ~ feet, along a 74 26 foot radius
curve, Southwesterly, whose 3 25 foot chord N69°55'35"W, Thence
N86°51'30"W, 223 62 feet, point on the of Iowa Highway No 1,
Thence Northeasterly feet, along a 2865 00 ~ot radius curve, concave
Southeasterly, whose 377 foot chord bears :Thence N39 06 09 E,
along said Centerline Thence 261 84 feet, to a point on
the East Line of Section , along
said East Line, 541 88 to the Point of Beginning Tract of land contains 9
66 acres more or less, is subject to easements and of record; said
real estate being also as.
Auditor's Parcel No ~ as shown on the Plat of Survey of a of the NWl\4,
Section 36, Township ~0 North, Range 6 West of the 5th P in Plat
Book 32, at page 67, records of Johnson County, Iowa
ecodev/amended urp for northgate.doc 12
The above described real estate i,s~g-ubject to the right of Iowa-Illinois Gas and
Electric Company to maintain it s~existing electrical lines and pples over and on
said real estate and to enter upon ~id real estate to repair or.r/~place said lines
and poles, and, is further subject to~n easement in favor of t~.,e..grantors, their
assigns and successors in interest, to. ~naintain the existing ~ffility serv, ice line over
the above described real estate servin~the house situate.~/o ,n grantor s real estate
situated southerly and southwesterly of~the above desc~ed real estate.
~ th~c'o
* Only the part of real estate described above that is located within rporate boundaries of the City of
Iowa City shall be included in the Northgate Urban Ren~z, val Areay
ecodev\ ngurbrev.pln /J/
ecodev/amended urp for northgate.doc 13
Fuh 'meister
r~// Southgate
~-~T~ ~ proposed
Weiler TIF area
~ ~ expansion
ORP
~D. :RP /
/
SITE LOCATION: ~orth~ate Corporate ~ark, Urban Benewal ~rojoct Area
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-12
RESOLUTION ESTABLISHING THE AMOUNT OF BOND FOR THE MEMBERS OF THE
IOWA CITY AIRPORT COMMISSION.
WHEREAS, the control and management of the Iowa City Airport is by the Iowa City Airport
Commission;
WHEREAS, Iowa Code section 330.20 (2003) provides that each Commission member shale
execute and furnish a bond in an amount fixed by the City Council; and
WHEREAS, it is in the best interest of the City of Iowa City that the amount of said bond be
$50,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The bond that each Iowa City Airport Commission member shall execute and furnish shall be in
the amount of $50,000.00.
Passed and approved this 4th day of January ,2005.
ATTEST: '~.-~ ;~,
CITY'-CLERK City Attorney's Office
ord& res/ResAirportCom mBond.doc
Resolution No. 0,5-12
Page 2
It was moved by Vander'hoef and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
I01-04-05
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138
RESOLUTION NO. 05-13
RESOLUTION RECOMMENDING THE AWARD OF A CONTRACT BY THE
IOWA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE
NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52.
WHEREAS, Metro Pavers, Inc. of Iowa City has submitted the lowest responsible bid of
$7,245,158.48 for construction of the above-named project.
WHEREAS, the Iowa Department of Transportation will be the contracting authority for the above
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The contract for the construction of the above-named project is hereby recommended to
be awarded to Metro Pavers, Inc., subject to the condition that awardee is deemed
qualified by the Iowa Department of Transportation (laDOT).
2. The laDOT and/or the Mayor are hereby authorized to sign the contract for construction of
the above-named project.
Passed and approved this 4th day of ~lanuary ,20 05
Approved by
CITY-CLERK
It was moved by Vande~'heef and seconded by ~l'i 1burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
× Vanderhoef
X Wilbum
pweng/res/dodgestprjawrdcon.doc 8/04
NOTICE TO BIDDERS
NORTH DODGE STREET
STATE OF IOWA - Sealed bids will be received on December 21, 2004 by the Iowa Department of
Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of
construction and/or maintenance work.
Plans, specifications and proposal forms for the work may be seen and secured at the Office of
Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day
previous to the letting.
Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln
Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting
and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30
The Iowa Department of Transportation (DOT) uses the Bid Express website (vvww.bidx.com) as an
official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid
depository is available for a two-hour period prior to the deadline for submission of bids. In the case of
disruption of national communications or loss of services by www. bidx.com during this two-hour period,
the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to
submit bids. Instructions will be communicated to potential bidders.
Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames,
Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise
specified by the Iowa Department of Transportation.
All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts
Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms
furnished will be rejected. The Iowa Department of Transportation reserves the right to waive
technicalities and to reject any or all bids.
A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each
proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified
share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union.
Certified checks or credit union certified share drafts shall bear an endorsement signed by a
responsible official of such bank or credit union as to the amount certified. Cashier's checks, money
orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and,
where made payable to the bidder, shall contain an unqualified endorsement to the Contracting
Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid
Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043),
both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of
that specified above.
The contracting authority will issue an exemption certificate for the purchase or use of building
materials, supplies, and equipment that will be used in the performance of the construction contract, as
provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5).
Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance
within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and
sufficient cause for the denial of the award and the forfeiture of the proposal guarantee.
The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
On Federal Aid projects, where disadvantaged business enterprise goals have been established, the
bidder is required to complete and submit form 102115 with the bid documents. On all projects without
goals, the contractor must show that affirmative actions have been made to seek out and consider
disadvantaged business enterprises as potential sub-contractors.
Some of the projects may be listed in multiple proposals (as an individual project or as part of a
combined package of projects). The Contracting Authority will determine which combination of
proposals produce the lowest bid for these projects.
The listing of projects, and details of the project, for which bids are to be taken will be available to
potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations:
· Posted on the Internet at www. bidx.com
· Available in the Iowa Department of Transportation's "Weekly Letting Report"
· Available by calling the Office of Contracts of the Iowa Department of Transportation at 515-
239-1414.
Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor
and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid
System.
All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87~581 and Implementing
regulations.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against
a non-resident bidder from a state or foreign country which gives or requires a preference to bidders
from that state or foreign country both on projects in which there are no Federal Funds involved.
IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF CONTRACTS
TELEPHONE: 515-239-1414
Bid Order: 104 DBE Goal: 2.5%
Work Type: PCC PAVEMENT - GRADE/REPLACE
Guarantee: $375,000.00
Project(s): JOHNSON - STP-001-5(69)--2C-52
Route: IOWA 1 GOVERNOR ST. TO 1-80
Prepared by: A. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-14
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF
THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE
STREET, PURSUANT TO WHICH GREYHOUND LINES, INC.
WILL CONTINUE TO LEASE THE PROPERTY ON A MONTH-
TO-MONTH TENANCY.
WHEREAS, the City of Iowa City, Iowa has leased the Union Bus Depot property
located at 404 East College Street to Greyhound Lines, Inc. under an addendum to a lease
which expires on February 28, 2005; and
WHEREAS, an addendum to the present lease with Greyhound Lines, Inc. has been
negotiated extending the lease on a month-to month basis for the sum of $1,300 per
month, and which provides that Greyhound Lines, Inc. may terminate the lease in the
event Greyhound Lines, Inc. relocates its bus operations to the Court Street
Transportation Center, which addendum to lease and lease is attached hereto; and
WHEREAS, it is in the public interest to enter into a lease for the Union Bus Depot
located at 404 East College Street with Greyhound Lines, Inc. on a month-to-month
tenancy, as provided therein.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA, THAT:
1. The addendum to lease and lease agreement attached hereto and made a part
hereof is approved as to form and content.
2 The Mayor and the City Clerk be, and they are hereby authorized and directed to
respectively execute and attest the addendum to lease and lease agreement
attached hereto.
Passed and approved this 4th day of January ,2005.
ATTEST: ~,,~.~.)~'X~. ~,.~ Approved by:
CiT,¥~ LERK -
C~ty AttOrney's Office
legal/andy/greyhound.res
Resolution No. 05.14
Page 2
It was moved by Vanderhoef and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ADDENDUM TO LEASE - BUSINESS PROPERTY
The City of Iowa City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered
into a Lease Agreement dated March 1, 1998, and an Addendum to Lease dated February 3, 2004 for the
premises located at 404 East College Street, Iowa City, Iowa, copy of which is attached hereto and by this
reference incorporated herein.
The present Addendum to Lease expires on February 28, 2005. Landlord and Tenant desire to execute an
addendum to said Lease for Business Property to provide for a month to month tenancy until the Court
Street Transportation Center is completed and ready to be occupied by Tenant, as set forth herein.
1. Tenancy shall be on a month to month basis commencing March 1, 2005.
The Lease for Business Property and Addendum may be terminated by Tenant in the event Tenant
relocates its bus operations to the Court Street Transportation Center (which facility is currently
being constructed) upon thirty (30) days prior written notice provided to Landlord. Any rent that
has been prepaid through the end of the tenancy period herein shall be refunded on a pro-rata basis
in the event Tenant terminates the lease as provided herein and relocates to the Court Street
Transportation Center prior to the end of the tenancy period herein.
2. Rent During Month to Month Tenancy.
During the month to month tenancy as above provided, Tenant agrees to pay Landlord rent as
follows: ·
$1,300 per month, payable in advance, on or before the first day of each calendar month
of the Tenancy term.
3. All other provisions of the original lease dated March 1, 1998 shall remain in full force and effect.
Dated this o~q day of L P~-a'~ ' 200~f_.
IN WITNESS WHEREOF, the parties have duly executed this lease in duplicate the day and year written
above.
Landlord: Tenant:
GREYHOUND LINES, INC.
~'ffrfie's( w. Lehman
Its: Vice-President, [leal Estate/Facilitics
ILs: Mayor t~~~
ManXan K~ Karr, City Clerk
Approved By
(~-~tto y
ADDENDUM TO LEASE - BUSINESS PROPERTY
The City of Iowa City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered
into a Lease Agreement dated March 1, 1998 for flue premises located at 404 East College Street, Iowa
City, Iowa, copy of which is attached hereto and by this reference incorpOrated herein.
Landlord and Tenant desire to execute an addendum to said Lease for Business Property to provide for an
additional one year renewal period as set forth herein.
1. Renewal for an Additional One Year Term: commencing February 29, 2004 through February 28,
2005.
The Lease for Business Property may be terminated by Tenant in the event Tenant relocates its bus
operatiom to the Court Street Transportation Center (which facility is currently being planned,
designed and constructed) upon thirty (30) days prior written notice provided to Landlord. Any
rent that has been prepaid through the end of the lease term herein shall be refunded on a pro-rata
basis in the event Tenant terminates the lease as .-provided herein and relocates to the
Transportation Center prior to the end of the lease term herein.
2. Rent During Renewal
During the renewal term as above provided, Tenant agrees to pay Landlord rent as follows:
$1,300 per month, payable in advance, on or before the first day of each calendar month
of the Term.
3. All other provisions of the original lease dated March 1, 1998 shall remain in full force and effect.
Dated this 2,~ day of ~'88RtO:IR u ,2004.
IN wrrNEss WHEREOF, the parties have duly executed this lease in duplicate the day and year written
above.
Landlord: Tenant:
City of Io;~ty
GREYHOUND LINES, INC.
~ By: '
V~c~e Presiden~
Its: Mayor Its: Real E_~t=_te/F=_ci!it~es
Mari~-K. Kart, City Clerk .
Approved By
-C[{y Attorney's Office
LEASE AGREEMENT
LANDLORD: TENANT:
Name City of Iowa City Greyhound Lines, .Inc
a Delaware corporation
Address 401 East Washington Street P.O. Box 660362
City Iowa City Dallas, Texas 75266-0362
State, Zip Iowa 52240 Attn: Contracts Administration
1. DATE. This Le~se Agreement ("Lease") is made to be effective as of March t, t998.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the term,
at the rental, .and upon all the terms, covenants and conditions set forth herein, the following real property (the
"Premises"):
[Choose 'and complete one]
· comprising approximately t ~620 square feet of floor space as described or designated in the city of Iowa
County of Johnson., State of Iowa, commonly known as 404 East College Street and as more
particulariy described in the site plan on Exhibit "A", attached, he~'eto and incorporated herein for all
purposes;.
~h.e land with alLbuildings an~i~:npreveme~lts_located there~ Ill the City'b{, '%,~County of
X,~ ,XX State ~ of '",,_ '",~., Comi~.ly . knowil~, as
",,, 'X, 'X, and as mor'eq~articulady des,,cribed by mete~no bounds in'E,~qlbit
'A' atta'~.ed hereto a~l IncorPorated¥~ereln for all pih~oses; " · '
togetherwith the continuous and uninterrupted right of acoess to and from the Premises, and, if applicable, the
use by Tenant; its employees, invitees and customers of the common areas.
3. TERM. The tetra of this Lease CTenn") shall be three (3) years, commencing o;! March I, 1998 ('Commencement
Date") end extending through February 28, 2001 unless sooner terminated pursuant to any provision hereof. The pa(des hereto
acknowledge ami Tenant shall have'the right to terminate this Lease at any time upon N/A ( .4)- ) m(aai-~s
IX~or valtten notioe to Landlord.
RENT. Tenant shall pay to Landlord as rent for the use of the Premises equal .monthly .installments of Olte
Thousand Two Hundred Dollars ($t.200;00). payable in advance, on or before the. flm-t day of each calendar month of
the Term. Rent forany period less than one month shall be a pm rata portion of the monthly installment. Rent shall be
payable to' Landlord at its address set forth above or to such other address as Landlord may designate by notice as
provided herein.
· 5.' USE OF PREMISES. The Premises shall be used'by Tenant for the conduct of Tenanrs operation,of a bus
te'rminal and the handling of passengers, baggage and package express and any other activities reasonably
related thereto. If the Promises is less than all of Landlord's building or buildings in which the Premises is located,
Landlord will not permit any remaining portion thereof to be occupied or used for purposes which, in the reasonable
opinion of Tenant, would adversely affect or reflect upon Tenant's business.
6. REPRESENTATIONS,' WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants
and covenants to Tenant that as of the Commencement Date:
-1-
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the
estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in
this Lease;
(b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, '
regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas
appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access)
and any environmental impact or traffic studies or requirements; and
(c) the Premises does not contain any asbestos or Hazardous Materials,
j(ld~dictJ~l~(as defined in Section 22 herein) and Landlord is not in violation of any federal, state or local law, ordinance or
regulation relating to industrial hygiene or to the environmental conditions on, Under or about the Premises including, but
not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated,
· manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, a s determi ned b.y a
Court of competent jurisdiction.
7. ~UIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the
agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the
Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises
Is limited or denied through rezonlng, environmental impact edict, or other action of any public or quasi-public agency or
govemmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action
and the rent applying to the unexpired portion of the Term will abate.
8. UTILITIES. Tenant shall pay for all regular utility charges related' to the use of the Premises, except as follows;
N/A
9. ASSIGNMENT AND SUBLETTING. Tenant shall have the right to assign this Lease, or sublease all or a part of
the Premises for any Purpose, contemplated in Paragraph $, with the prior written consent of Landlord, which consent
shall not bo unreasonably withheld,to any pemon or entity at any time and from time to time. If Tenant subleases all or a
part of the Premises, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this
Lease.
10. /~,LTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any
alterations, Improvements, or additions In, on or about the Premises, which Tenant may deem necessary or desirable,
except for structural repairs and maintenance, which are the sole obligation of Landlord. Tenant, at Its option, may
remove such alterations, improvements, or additions made by it in, on or about the Premises. Tenant's personal property
arid its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may
be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by
Tenant within Ihirty (30) days after the end of the Term shall automatically become the property Of Landlord. Tenant
shall repair any material damage to the Premises caused by Tenant's removal of its personal property, trade flxlures,
alterations, Improvements, or additions, but Tenant shall have no obligation to remove such items from the Premises at
any time. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises
(structural or non-structural) that may be required on accOUnt of any existing or future laws of any governmental
authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the
nature of Tenant's business.
11. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs and replace broken glass in the
Premises. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all' repairs,
replacements or retrofitting of a permanent character (including, but not limited to, components in the air conditioning,
boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot ·water
systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including
water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems,
strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay,
-2-
insect Infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at an)' time, be
required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant
shall premptly notify Landlord of any known defect,.damage, decay or dangerous condition associated with the
building system. The 'Building Systems' shall be construed as the building utility elements essential for Tenant's use
and occupancy of the Premises Including, but not limited tO, such systems as are not'readily accessible to Tenant, such
as underground water, sewer, electric and other utility lines and all trash removal, janitorial and elevator services and
maintenance services related to the Premises. Tenant shall surrender the Premises In as good order, repair 'and
COndition as the same were in the COmmencement of the Term, damage by fire and Items covered by extended COverage
insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements 'and additions made by Tenant
and Landlord's failure to repair excepted.
12. TAXES. Landlord, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and
assessments which may be imposed upon the Premises. Tenant shall pay all taxes assessed against and levied upon
Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term
'real estate tax' Includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy,
penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or
federal goverement, or any school, agricultural, lighting, drainage or other Imprevement district thereof or any public or
quasi-public agency or governmental authority, upon any legal or equitable Interest of Landlord in the Premises, upon
Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises.
13. INSURANCE. Landlord shall maintain throughout the Term, at its sole cost and expense, a policy or policies of
Insurance for the mutual benefit of Landlord and Tenant against loss or damage to the Premises in the amount of the
full replacement cost thereof, against any perils included within the classifications of fire, vandalism, exploslon~ malicious
mischief, special extended perils ("all risk") and any risk covered by the so-called Extended Coverage Endorsement
(including leasehold improvements). Tenant shall maintain, at its sole cost and expense, a comprehensive general
liability policy including coverage of contractual liability as respects this Lease, providing a combined single limit of
liability of not less than $500,000 per occurrence, which policy shall be primary in the event of negligence on the
part of Tenant, and or the failure of Tenant to discharge its duties hereunder. Tenant shall 'furnish a certificate of
Insurance evidencing the aforesaid ~overage upon Landlord's written request. Landlord shall maintain public liability
Insurance for any common areas. Notwithstanding any provision herein to the contrary, Tenant may satisfy its Insurance
obligations hereunder by self-insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request,
fureish certificates evidencing such coverage.
14. INDEMNITY. Except as othenvise agreed herein, each party agrees to indemnify and save the other party
harmless frore any and all claims, demands, costs and expenses of evep/ kind whatsoever, including reasonable
attoreey's fees for the defense thereof, arising from the indemnifying party's wrongful act or negligence in or about the
Premises. In case of any action or i~oceeding brought against either party by reason of any such claim, upon notice
from such party, the Indemnifying party covenants to defend such action or proceeding by counsel reasonably.
satlsfactopJ to the other party, unless such action or proceeding alleges the joining or COncurring wrongful act or
negligence of both parties, in which case both parties shall share equally in the defense of such action or proceedings.
15. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other
casualty, Landlord shall repair and restore the Premises to a good tenantable COndition. All rent shall wholly abate In
case the entire Promises is untenantable, or shall abate pre rata for the portion rendered untenantable in case a pari only
is untenantable, until the Prea31ses is restored to a tenantable condition. Landlord shall commence and complete all Work
required to be done under this Section 15 with reasonable promptness and diligence. In the event Landlord repairs or
restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which,
by reason of such damage or destruction, there is any interl=erence with the operation of the business of Tenant. Tenant
shall not be liable to Landlord for damage to the Premises caused by fire or other risks embraced within Landlord's
Insurance coverage, whether or not the same is due to the negligent act or omission of Tenant. If Landlord does not
commence the repair or restoration within fifteen (15) days after the damage or destruction occum, or if repair or
.restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by
-3-
giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration.
In that event, this Lease shall terminate as of the date of such damage or destruction.
16. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the
power of eminent domaln, or sold under the throat of the exercise of said power (all' of which are herein called
'condemnation'), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning
authority takes title or possession, whichever occurs first.
If any other taking (of the Premises or othenvise) adversely and substantially affects Tenant's use, access, .or rights of
Ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning
authority takes possession. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord.
has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the
condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section 16,.
this Lease shall remain in full force and effect as to tl~e portion of the Premises remaining,- except that rent'shall be
reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition.
Landlord, at its expense, shall promptly.repair any damage to the Premises caused by.condemnation and restore the
remainder of the Premises to the reasonable satisfaction of'.Tenant.
Any award or payment made upon condemnation of all or any part of the Premises Shall be the property of Landlord,
whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided
Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures.
removable personal property, and additions, alterations and improvements made to the Premises by Tenant, .and for its
loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's
relocation and moving expenses.
17. DEFAULTS; REMEDIES.
(a) Defaults. The occurrence of any of the following events constitutes a material default of this Lease by
Tenant:
(i) The failure by Tenant to make any payment of rent or any other payment required to be made by
Tenant hereunder as and when dUe, where the failure continues for a period of twenty (20) days after Tenant
receives, notice thereof from Landlord.
(ii) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this
Lease to be observed or performed by Tenant, other than those described in subsection (i) above, where the failure
col~Jnues for a period of thirty (30) days after Tenant receives notice thereof from Landlord; provided, however, that if
the nature of Tenant's default is such that more than thirty (30) days ara reasOnably required for its cure, then Tenant
shall not be. deemed to be in default if Tenant commences such cure within the thirty (30) day pedod and thereafter
diligently completes lhe cure.
(iii) The making by Tenant of any general assignment or general arrangement for the benefit of creditors;
· the filing by Tenant of a petition to have Tenant adjudged a bankrupt; the judicial declaration of Tenant as bankrupt.
(iv) The appointment of a trustee or receiver to take possession of substantially all Tenant,s assets
located at the Premises or of Tenant's interest in this Lease, if possession is not, restored to Tenant within thirty (30) days.
(v) The attachment, execution or other judicial seizure of substantially all Tenant's assets located at the
Premises or of Tenant's interest in this Lease, if the seizure is not discharged within thirty (30) days.
(b) Remedies upon Tenant's Default. In the event of any such matedal default by Tenantl Landlord may,
after giving notice as provided above, enter iht0 the Premises, remove Tenant's property and take and hold possession
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of the Premises and expel Tenant and pursue those remedies available to Landlord' under the laws of the state In which
the Premises is located. Landlord shall make reasonable efforts to relet the Premises or any part thereof in order to
mitigate any damages resulting from Tenant's default.
(o) Default by Landlord. Landlord shall not be in default unless Landlord fails to perform any covenants,
terms, provisions, agreements or obligations required of it within a reasonable time, but in no event later than Hirty (30)
days after written notice by Tenant to Landlord; provided that if the nature of Landlord's obligation is such that n~ore than
thirty (30) days are reasonably required for performance, then Landlord shall not be in default if Landlord commences
performance within the thirty (30) day period and thereafter diligently completes performance.
(d) Remedies upon Landlord's Default. If Landlord defaults in the performance of any of the 6bligatlons or
conditions required to be performed by Landlord under this Lease, Tenant may, after giving notice as provided above,
either cure the default and deduct the cost thereof from rent subsequently becoming due hereunder, or elect to lermlnate
this Lease upon glving 30 days wntten notice to Landlord of its Intention to do so. In that event, this Lease shell
terminate upon the date specified in the notice, unless Landlord has meanwhile cured the default to the satisfaction of
Tenant. In the 'event that any representations and warranties set forth in this Lease (including but not limited to those set
forlh in Section 6 Iiereln) shall cease to be the case, and if Landlord shall have failed to commence to cure within sixty
· (60) days after notice from Tenant and thereafter diligently completes the cure of the same, then, except as specifically
provided elsewhere in this Lease,.Tenant shall have the right to terminate this Lease upon written notice to Landlord.
Tenant may also pursue those remedies available to it under the laws of the state in which the Premises is located.
18. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this
Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant
from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are
applicable to a month-to-month tenancy.
19. NOTICES. All acceptances, approvals, consents, notices, demands or other communications required or
permitted to be given or sent by either party to the other, unless othen~ise provided, shall be deemed to have been fully
given when made In writing and delivered In person or deposited In the United States mail, certified and.postage prepaid,
addressed to the name and address set forth at the top of this Lease. The address and person for written communication
may be changed upon ten (10) days written notice to the other party.
20. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them- hereby
mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is
located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or
such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by
insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released
party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance.
21. ENVIRONMENTAL MATTERS. As a condition precedent to the effectiveness of this Lease, Landlord shall
provide Tenant a copy of all existing environmental reports, studies or audits concerning the Premises. Tenant will
COmply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not
assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord
agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense
(including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to
environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting
from Tenant's activities on the Premises. The delivery of copies of environmental reports, studies or audits required in
this Section must be provided to Tenant not later than fourteen (14) days prior to the Commencement Date.
22. HAZARDOUS MATERIALS. The term 'Hazardous Materials' as used herein shall include but not be limited to
asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, Ioxic substances,
and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental
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authority having jurisdiction over the Premises, any substances defined as 'hazardous substances,' 'hazardous
materials" or 'toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, by Superfund Amendments and Reauthodzation Act 42 U.S.C. §6901, et seq.; the ~Hazardous Mstedals
Transportation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. {}7901, et seq.; Toxic Substances Control Act, 15
U.S.C. §2601, et seq.; Clean'Water Act, 33 U.S.C. {}1251, et seq; the laws, regulations or rulings of lhe state In which the
Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated
pursuant to any of such laws and ordinances.
23. MISCELLANEOUS.
(a) .Si.qns. Tenant may erect such signs on the extedor or intedor of the Premises as Tenant may deem .
desirable if the signs do not violate the laws, roles, or regulations of the municipality in which the Premises are situated.
(b) Severability; Choice of l-aw. The invalidity or unenforceabllity of any prevision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any
other provision hereof. THIS LEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH THE
PREMISES I$ LOCATED.
(c) [Entire ,Aflreement. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set
forth all of the covenants, premises, agreements, and conditions between Landlord and Tenant concerning the Premises
and this Lease and there are no covenants, promises, agreements or conditions, either orel or written, between them.
This Lease may not be modified or amended in any manner except by an instrument in wdting executed by the parties
hereto.
(d) Brekeraqe. Landlord covenants and agrees to save and hold Tenant harmless from any and all ctaims for
brokerage fees adsing out of this Lease.
(e) Attorney's Fees. If either party named herein bdngs an action to enfome the terms of this Lease or to
declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable
attorney's fees to be paid by losing party as fixed by the court.
are allowed',~t.o disemba~l~.the bus t~. utilize rest~m or meal ~3,cilities, Land,rd shall corhl~lete the.
ccessiblllty,,Checklist, arrayed hereto~a~ Exhibit 'qB.'.. and the Le'a~e shall be si~ect to the te'R;ns and condittons of
F. xhibit'C', attached hereto an'~lJncorporatS~l, hereln for~l puq~oses. ~
IN WITNESS WHEREOF, the parties hereto have executed this instrument to be effective as of the day and year first
above written.
Landlord: Tenant:
OF IOW^ ,e/ce or n .
I~: Mayor If: lief O~ratlna Officer
Attorney
Tax ID No.;.
(If individual, Social Secudty Number)
WI'INESS: Marian K, Karr, 'City Clerk WITNESS:
_?-
EXHIBIT "A" (Page ~ of 2)
to that certain Leaee Agreement
by and between CITY OF IOWA CITy, as Landlord, and
GREYHOUND LINES. INC. ae Tenant
Dated · ,, 19
SITE PLAN
Prepared by: Steve Nasby, Economic Development, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 05-3_5
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND BRIAN DECOSTER
WHEREAS, by Resolution No. 03-158 approved and adopted on May 20, 2003, the City Council
approved and adopted an urban renewal plan for the Project Area designated as the "Highway 6
Commercial Urban Renewal Plan," as amended (the "Urban Renewal Plan"); and
WHEREAS, it is desirable that properties within the Project area be redeveloped as part of the
overall redevelopment of the area covered by said Plan; and
WHEREAS, the City has received a proposal from Brian DeCoster (the "Developer"), in the form
of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City
and the Developer, pursuant to which, among other things, the Developer would agree to
construct certain Minimum Improvements (as defined in the Agreement) on certain real property
located within the Highway 6 Commercial Urban Renewal Project Area as legally described in the
Agreement hereto and incorporated herein by this reference (defined in the Agreement as the
"Development Property"), and upon said Minimum Improvements resulting in an increase in actual
assessed value of the Development Property of at least fifteen percent (15%), the Developer will
be eligible for an Economic Development Grant; and
WHEREAS, the Agreement further proposes that the City provide up to to seven (7) consecutive
annual Economic Development Grant payments, the total, aggregate amount not to exceed
$42,000, to the Developer commencing on June 30, 2008 and ending on June 30, 2014, pursuant
to Section 403.9 of the Urban Renewal ACt, in amounts equal to one hundred percent (100%) per
fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements
on Development Property, under the terms and following satisfaction of the conditions set forth in
the Agreement; and
WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to
make loans and grants for economic development in furtherance of the objectives of an urban
renewal project and to appropriate such funds and make such expenditures as may be necessary
to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes;
and
WHEREAS, the Council has determined that the Agreement is in the best interests of the City and
the residents thereof and that the performance by the City of its obligations thereunder is a public
undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further,
that the Agreement and the City's performance thereunder is in furtherance of appropriate
economic development activities and objectives of the City within the meaning of Chapters 403
and 15A of the Iowa Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF IOWA CITY,
IOWA THAT:
Section 1. That the performance by the City of its obligations under the Agreement,
including but not limited to making of loans and grants to the Developer in connection with the
Resolution No. 05-15
Page 2
development of the Development Property under the terms set forth in the Agreement, be and is
hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the
Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in
furtherance of appropriate economic development activities and objectives of the City within the
meaning of Chapters 403A and 15A of the Iowa Code.
Section 2. That the form and content of the Agreement, the provisions of which are
incorporated herein by reference, be and the same hereby are in all respects authorized,
approved and confirmed, and the Mayor and the Mayor Pro Tern and the City Clerk and the
Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest,
seal and deliver the Agreement for and on behalf of the City in substantially the form and content
now before this meeting, but with such changes, modifications, additions or deletion therein as
shall be approved by such officers, and that from and after the execution and delivery of the
Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are
hereby authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carp/out and comply with the provisions of the Agreement as
executed.
Passed and approved this 4th day of ,lanuary ,20 fl5 ·
ClTY"GLERK ~ ..... ' --~,,~ /2. -~..g -O ~'
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
wpdata~ccclbg~res~decoste r.doc
AGREEMENT FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA
AND
BRIAN DECOSTER
AGREEMENT FOR
PRIVATE REDEVELOPMENT
THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called
"Agreement"), is made on or as of the ! day of ~'~__/~(etO,~ ~4 ,2005, by
and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"),
established pursuant to the Code of Iowa of the State of Iowa and acting under the
authorization of Chapter 403 of the Code of Iowa, 2003, as amended (hereinafter called
"Urban Renewal Act") and Brian DeCoster, having an office for the transaction of
business at 1820 Boyrum Street, Iowa City, Iowa (the "Developer").
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City
has undertaken a program for the revitalization of an economic development area in the
City and, in this connection, is engaged in carrying out urban renewal project activities in
an area known as the Highway 6 Commercial Urban Renewal Plan Area, which area is
described in the Urban Renewal Plan approved for such area by Resolution No. 03-158
dated May 20, 2003; and
WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded
among the land records in the office of the Recorder of Johnson County, Iowa; and
WHEREAS, the Developer owns or has the right to occupy certain real property
located in the foregoing Urban Renewal Area as more particularly described in Exhibit A
annexed hereto and made a part hereof (which property as so described is hereinafter
referred to as the "Development Property"); and
WHEREAS, the Developer will cause certain improvements to be constructed on
the Development Property and will cause the same to be operated in accordance with this
Agreement; and
WHEREAS, the City believes that the development and continued operation of the
Development Property pursuant to this Agreement and the fulfillment generally of this
Agreement, are in the vital and best interests of the City and in accord with the public
purposes and provisions of the applicable State and local laws and requirements under
which the foregoing project has been undertaken and is being assisted.
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NOW, THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
ARTICLE I. DEFINITIONS
Section 1.1. Definitions. In addition to other definitions set forth in this
Agreement, all capitalized terms used and not otherwise defined herein shall have the
following meanings unless a different meaning clearly appears from the context:
Active Tenant is defined as a use generating business invitee and/or employee traffic
to and from the premises on a basis consistent with the regular and ongoing conduct of
business activities. "Occupied by an Active Tenant" does not include uses generating only
random or intermittent traffic, storage uses, purely seasonal (e.g. holidays) or temporary uses,
or owner-occupied space (excluding operational offices for Big Ten Rental, Inc.);
notwithstanding the receipt of rental payment under an existing lease or rental agreement.
Agreement means this Agreement and all appendices hereto, as the same may be
from time to time modified, amended or supplemented.
Certificate of Completion means a certification in the form of the certificate
attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the
Developer pursuant to Section 3.2 of this Agreement.
City means the City of Iowa City, Iowa, or any successor to its functions.
Code means the Code of Iowa, 2003, as amended.
Construction Plans means the plans, specifications, drawings and related documents
reflecting the construction work to be performed by the Developer on the Development
Property and the other properties upon which the Public Improvements will be located;
the Construction Plans shalI be as detailed as the plans, specifications, drawings and
related documents which are submitted to the building inspector of the City as required by
applicable City codes.
County means the County of Johnson, Iowa.
Developer means Brian DeCoster, an individual.
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Development Property means that portion of the Highway 6 Commercial Urban
Renewal Plan Area of the City described in Exhibit A hereto.
Economic Development Grants mean the Tax Increment payments to be made by
the City to the Developer under Article VIII of this Agreement.
Event of Default means any of the events described in Section 10.1 of this
Agreement.
First Mortgage means any Mortgage granted to secure any loan made pursuant to
either a mortgage commitment obtained by the Developer from a commercial lender or
other financial institution to fund any portion of the construction costs and initial
operating capital requirements of the Minimum Improvements, or all such Mortgages as
appropriate.
BRIAN DECOSTER -TIF Account means a separate account within the Highway 6
Commercial Urban Renewal Tax Increment Revenue Fund of the City, in which there
shall be deposited all Tax Increments received by the City with respect to the Minimum
Improvements.
Minimum Improvements shall mean the construction of improvements to the
existing structure together with all related site improvements as outlined in Exhibit B
hereto. Minimum Improvements shall not include increases in assessed or actual value
due to market factors.
Mortgage means any mortgage or security agreement in which the Developer has
granted a mortgage or other security interest in the Development Property, or any portion
or parcel thereof, or any improvements constructed thereon.
Net Proceeds means any proceeds paid by an insurer to the Developer under a policy
or policies of insurance required to be provided and maintained by the Developer, as the
case may be, pursuant to Article V of this Agreement and remaining after deducting all
expenses (including fees and disbursements of counsel) incurred in the collection of such
proceeds.
Ordinance means Ordinance No. 03-4091 of the City, under which the taxes levied
on the taxable property in the Project Area shall be divided and a portion paid into the
Iowa City Urban Renewal Tax Increment Revenue Fund.
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Project shall mean the construction and operation of the Minimum Improvements on
the Development Property, as described in this Agreement.
State means the State of Iowa.
Highway 6 Commercial Urban Renewal Tax Increment Fund means the special fund
of the City created under the authority of Section 403.19(2) of the Code and the
Ordinance, which fund was created in order to pay the principal of and interest on loans,
monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds or other obligations issued under the authority of Section 403.9 or 403.12
of the Code, incurred by the City to finance or refinance in whole or in part projects
undertaken pursuant to the Urban ReneWal Plan for the Project Area.
Tax Increments means the property tax revenues with respect to the Minimum
Improvements that are divided and made available to the City for deposit in the Highway
6 Commercial Urban Renewal Tax Increment Revenue Fund under the provisions of
Section 403.19 of the Code and the Ordinance.
Termination Date means the date of termination of this Agreement, as established in
Section 12.8 of this Agreement.
Unavoidable Delays means delays resulting from acts or occurrences outside the
reasonable control of the party claiming the delay including but not limited to storms,
floods, fires, explosions or other casualty losses, unusual weather conditions, strikes,
boycotts, lockouts or other labor disputes, delays in transportation or delivery of material
or equipment, litigation commenced by third parties, or the acts of any federal, State or
local governmental unit (other than the City).
Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in
respect of the Highway 6 Commercial Urban Renewal Area, described in the preambles
hereof.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes the
following representations and warranties:
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(a) The City is a municipal corporation and political subdivision organized under
the provisions of the Constitution and the laws of the State and has the power to enter into
this Agreement and carry out its obligations hereunder.
(b) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a breach of, the terms, conditions or provisions of any contractual restriction, evidence of
indebtedness, agreement or instrument of whatever nature to which the City is now a
party or by which it is bound, nor do they constitute a default under any of the foregoing.
Section 2.2. Representations and Warranties of Developer. The Developer makes
the following representations and warranties:
(a) The Developer has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed to be
conducted, and to enter into and perform their obligations under the Agreement.
(b) This Agreement has been duly and validly authorized, executed and delivered
by the Developer and, assuming due authorization, execution and delivery by the City, is
in full force and effect and is a valid and legally binding instrument of the Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally.
(c) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a violation or breach of, the terms, conditions or provisions of any contractual restriction
on the Developer, evidence of indebtedness, agreement or instrument of whatever nature
to which the Developer is now a party or by which it or its property is bound, nor do they
constitute a default under any of the foregoing.
(d) There are no actions, suits or proceedings pending or threatened against or
affecting the Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision which
could materially adversely affect the business (present or prospective), financial position
or results of operations of the Developer or which in any manner raises any questions
-5-
affecting the validity of the Agreement or the Developer's ability to perform its
obligations under this Agreement.
(e) The Developer will cause the Minimum Improvements to be constructed in
accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State
and federal laws and regulations.
(f) The Developer will use their best efforts to obtain, or cause to be obtained, in
a timely manner, all required permits, licenses and approvals, and will meet, in a timely
manner, all requirements of all applicable local, State, and federal laws and regulations
which must be obtained or met in connection with the Project.
(g) The Developer has not received any notice from any local, State or federal
official that the activities of the Developer with respect to the Development Property may
or will be in violation of any environmental law or regulation. The Developer is not
currently aware of any State or federal claim filed or planned to be filed by any party
relating to any violation of any local, State or federal environmental law, regulation or
review procedure applicable to the Development Property, and the Developer is not
currently aware of any violation of any local, State or federal environmental law,
regulation or review procedure which would give any person a valid claim under any
State or federal environmental statute with respect thereto.
(h) The Developer will cooperate fully with the City in resolution of any traffic,
parking, and trash removal or public safety problems that may arise in connection with
the construction and operation of the Minimum Improvements.
(i) The Developer would not undertake its obligations under this Agreement
without the payment by the City of the Economic Development Grants being made to the
Developer pursuant to this Agreement.
ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT
Section 3.1. Minimum Improvements.
The Developer agrees to complete Minimum Improvements generally consisting of
improvements to one tract of commercially zoned property on the Development Property,
all as more fully described on Exhibit B hereto. The construction of the Minimum
Improvements must increase the assessed value of the Development Property by at least
15% over the assessed value on January 1, 2004, as of January 1, 2006.
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The Developer shall submit all exterior changes or new construction requiring a
building permit for review and approval by the City Staff Design Review committee.
Pursuant to this Development Agreement, the Developer shall submit a site plan for
approval by the City Manager, or his/her designee, which provides landscaping and which
defines the entryways and other related drive-through traffic patterns through the use of
landscaping and other appropriate streetscape elements.
The staff design committee will review the project using the criteria of Chapter 4,
Article E. Design Review of the Unified Development Code, City of Iowa City within
seven (7) working days of receipt of the design plans by the Director of Planning &
Community Development. Additional criteria specific to this project includes, but is not
limited to:
1) The presence of the building should be strengthened through the use of color, contrast
or other architectural elements.
2) The use of color, materials, mass, signage, lighting and other architectural features
should enhance the retail/commercial environment and result in a more vibrant and
visually attractive development.
3) Awnings and signage should be integrated into the overall design concept.
4) Roof extensions and sign panels should have a finished appearance from all sides.
5) Materials used within five feet, measured vertically from grade, should be durable and
resistant to damage. Exterior Insulation & Finish Systems (EIFS) is not recommended.
Any proposed new construction on the Development Property shall be subject to
approval by the Design Review committee before the issuance of any building pemdt.
Section 3.2. Certificate of Completion:
Upon written request of the Developer after issuance of an occupancy permit for the
Minimum Improvements, the City will furnish the Developer with a Certificate of
Completion for such portion in recordable form, in substantially the form set forth in
Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive
determination of satisfactory termination of the covenants and conditions of this
Agreement with respect to the obligations of the Developer to construct such portion of
the Minimum Improvements.
A Certificate of Completion may be recorded in the proper office for the recordation
of deeds and other instruments pertaining to the Development Property at the Developer's
-7-
sole expense. If the City shall refuse or fail to provide a Certificate of Completion in
accordance with the provisions of this Section 3.2, the City shall within twenty (20) days
after written request to the Developer, provide the Developer with a written statement
indicating with adequate detail, in what respects the Developer has failed to complete the
Minimum Improvements in accordance with the provisions of this Agreement, or is
otherwise in default under the terms of this Agreement, and what measures or acts will be
necessary in the opinion of the City, to obtain such Certificate of Completion.
Section 3.3. Occupancy.
Along with the certifications required under 6.7 hereto, the Developer will certify
that by November 1, 2006, at least 65% of the gross leasable floor space is occupied by an
Active Tenant. On November 1, 2007, the Developer will certify that 75% of the gross
leasable floor space of the Development Property is occupied by an Active Tenant.
Beginning on November 1, 2008, and until the Termination Date, the Developer will
certify that by November 1 of each year or during ten of the twelve previous months 80%
of the gross leasable floor space of the Development Property is occupied by an Active
Tenant. Failure to so certify, or to meet the occupancy requirements, shall constitute
default under Article X of this Agreement.
ARTICLE IV. RESERVED
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ARTICLE V. INSURANCE
Section 5.1. Insurance Requirements.
(a) Upon completion of construction of the Minimum Improvements and at all
times prior to the Termination Date, the Developer shall maintain, or cause to be
maintained, at its cost and expense (and from time to time at the request of the City shall
furnish proof of the payment of premiums on) insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured through property
policies by similar businesses, including (without limitation the generality of the
foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water
damage, demolition cost, debris removal, and collapse in an amount not less than the full
insurable replacement value of the Minimum Improvements, but any such policy may
have a deductible amount of not more than $100,000. No policy of insurance shall be so
written that the proceeds thereof will produce less than the minimum coverage required
by the preceding sentence, by reason of co-insurance provisions or otherwise, without the
prior consent thereto in writing by the City. The term "full insurable replacement value"
shall mean the actual replacement cost of the Minimum Improvements (excluding
foundation and excavation costs and costs of underground flues, pipes, drains and other
uninsurable items) and equipment, and shall be determined from time to time at the
request of the City, but not more frequently than once every three years, by an insurance
consultant or insurer selected and paid for by the Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability for injuries to persons and/or property, including any injuries resulting
from the operation of automobiles or other motorized vehicles on or about the
Development Property, in the minimum amount for each occurrence and for each year of
$1,000,000 with a deductible of $500,000.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Developer, in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self-insured with respect to all or any part of its
liability for worker's compensation.
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(b) All insurance required by this Article V to be provided prior to the
Temdnation Date shall be taken out and maintained in responsible insurance companies
which are authorized under the laws of the State to assume the risks covered thereby. The
Developer will deposit annually with the City copies of policies evidencing all such
insurance, or a certificate or certificates or binders of the respective insurers stating that
such insurance is in force and effect. Unless otherwise provided in this Article V, each
policy shall contain a provision that the insurer shall not cancel or modify it without
giving written notice to the Developer and the City at least thirty (30) days before the
cancellation or modification becomes effective. Not less than fifteen (15) days prior to
the expiration of any policy, the Developer shall furnish the City evidence satisfactory to
the City that the policy has been renewed or replaced by another policy conforming to the
provisions of this Article V, or that there is no necessity therefor under the terms hereof.
In lieu of separate policies, the Developer may maintain a single policy, or blanket or
umbrella policies, or a combination thereof, which provide the total coverage required
herein, in which event the Developer shall deposit with the City a certificate or
certificates of the respective insurers as to the amount of coverage in force upon the
Minimum Improvements.
(c) The Developer agrees to notify the City immediately in the case of damage
exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance
shall be paid directly to the Developer, and the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an
improved condition or value as they existed prior to the event causing such damage and,
to the extent necessary to accomplish such repair, reconstruction and restoration, the
Developer will apply the Net Proceeds of any insurance relating to such damage received
by the Developer to the payment or reimbursement of the costs thereof.
(d) The Developer shall complete the repair, reconstruction and restoration of the
Minimum Improvements, whether or not the Net Proceeds of insurance received by the
Developer for such purposes are sufficient.
ARTICLE VI. COVENANTS OF THE DEVELOPER
Section 6.1. Maintenance of Properties. The Developer will maintain, preserve
and keep its properties (whether owned in fee or a leasehold interest), including but not
limited to the Minimum Improvements, in good repair and working order, ordinary wear
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and tear accepted, and from time to time will make all necessary repairs, replacements,
renewals and additions.
Section 6.2. Maintenance of Records. The Developer will keep at all times proper
books of record and account in which full, true and correct entries will be made of all
dealings and transactions of or in relation to the business and affairs of the Developer in
accordance with generally accepted accounting principles, consistently applied
throughout the period involved, and the Developer will provide reasonable protection
against loss or damage to such books of record and account.
Section 6.3. Compliance with Laws. The Developer will comply with all laws,
rules and regulations relating to the Minimum Improvements, other than laws, rules and
regulations the failure to comply with which or the sanctions and penalties resulting
therefrom, would not have a material adverse effect on the business, property, operations,
or condition, financial or otherwise, of the Developer.
Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the
Developer shall not discriminate against any applicant, employee or tenant because of
race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital
status or gender identity. The Developer shall ensure that applicants, employees and
tenants are considered and are treated without regard to their race, creed, color, religion,
sex, national origin, sexual orientation, age, disability, marital status or gender identity.
Section 6.5. Available Information. The Developer shall upon request provide the
City with a letter of an independent public accountant selected by the Developer to the
effect that a Certified Public Accountant has reviewed the financial statements of the
Developer which have been prepared in conformity with the federal income tax fair
market basis, that the examination of such financial statements by such accountant has
been undertaken in accordance with generally accepted auditing standards, and that the
Developer is financially capable of fulfilling its obligations under this Agreement.
Section 6.6. Continued Operation. Commencing upon the signing of the
Agreement, the Developer agrees that it will operate a retail/commercial center at the
Development Property and will continue operation of this business until at least the
Termination Date set forth in Section 12.8 hereof.
Section 6.7. Annual Certification. To assist the City in monitoring the performance
of the Developer hereunder, a duly authorized officer of the Developer shall annually
provide to the City: (a) a written statement from the County Auditor showing the amount
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of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the
Minimum Improvements (excluding increases in assessed or actual value due to market
factors) for the following fiscal year; (b) proof that all ad valorem taxes on the
Development Property have been paid for the prior fiscal year; and (c) certification that
such officer has re-examined the terms and provisions of this Agreement and that at the
date of such certificate, and during the preceding twelve (12) months, the Developer is
not, or was not, in default in the fulfillment of any of the terms and conditions of this
Agreement (including but not limited to the occupancy requirements of Section 3.3
hereto) and that no Event of Default (or event which, with the lapse of time or the giving
of notice, or both, would become an Event of Default) is occurring or has occurred as of
the date of such certificate or during such period, or if the signer is aware of any such
default, event or Event of Default, said officer shall disclose in such statement the nature
thereof, its period of existence and what action, if any, has been taken or is proposed to be
taken with respect thereto. Such statement, proof and certificate shall be provided not
later than November 1 of each year, commencing November 1, 2006, and ending on
November 1, 2013 both dates inclusive. Upon certification by the Developer on or before
November 1, 2006, the City will certify to establish the base tax increment value as of
January 1, 2003.
Prior to November 1, 2006, the Developer shall submit the lease plan for the
Development Property, with the gross leasable floor space calculation, current occupancy
status, and a current certificate of insurance to the City.
ARTICLE VII. ASSIGNMENT AND TRANSFER
Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As
security for the obligations of the Developer under this Agreement, the Developer
represents and agrees that, prior to the issuance of the Certificate of Completion and prior
to the Termination Date, the Developer will not dispose of all or substantially all of its
assets or assign its interest in this Agreement to any other party unless (i) the transferee
partnership, corporation, limited liability company or individual assumes in writing all of
the obligations of the Developer under this Agreement and (ii) the City consents thereto
in writing in advance thereof. Notwithstanding the foregoing, however, or any other
provisions of this Agreement, the Developer may pledge any and/or all of its assets as
security for any financing of the Minimum Improvements, and the City agrees that
Developer may assign its interest under this Agreement for such purpose.
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ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS
Section 8.1. Economic Development Grants. (a) For and in consideration of the
obligations being assumed by the Developer hereunder, and in furtherance of the goals
and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal
Act, the City agrees, subject to the Developer having received a Certificate of Completion
and being and remaining in compliance with the terms of this Agreement and to the terms
of this Article VIII, to assume an obligation to make up to seven (7) consecutive annual
payments to the Developer commencing on June 30, 2008 and ending on June 30, 2014,
pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred
percent (100%) per fiscal year of the Tax Increments collected by the City with respect to
the Minimum Improvements on Development Property under the terms of the Ordinance
(without regard to any averaging that may otherwise be utilized under Section 403.19(6)
and excluding any interest that may accrue thereon prior to payment to the Developer)
during the preceding twelve-month period in respect of the Development Property and the
Minimum Improvements, but subject to adjustment and conditions precedent as provided
in this Article (such payments being referred to collectively as the "Economic
Development Grants").
(b) The obligation of the City to make an Economic Development Grant to the
Developer in any year as specified above shall be subject to and conditioned upon the
timely filing by the Developer of all previous annual statements, proofs and certifications
required under Section 6.7 hereof and the City Manager's approval thereofi Beginning
with the November 1, 2006 certification, if the Developer's annual statement, proof and
certification is timely filed and contains the information required under Section 6.7 and
the City Manager approves of the same, the City shall certify to the County prior to
December 1 of that year its request for the available Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected by the
City as taxes are paid during the following fiscal year and which shall thereafter be
disbursed to the Developer on June 30 of the following fiscal year. (For example, if the
Developer and the City each so certify on November and December of 2006, respectively,
the first Economic Development Grant would be paid to the Developer on June 30, 2008).
(c) In the event that the annual statement, proof or certificate required to be
delivered by the Developer under Section 6.7 is not delivered to the City by November 1
of any year, the Developer recognizes and agrees that the City may have insufficient time
to review and approve the same and certify its request for Tax Increments to the County
and that, as a result, no Economic Development Grant may be made to the Developer in
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respect thereof. The City covenants to act in good faith to appropriately review and
consider any late certification on the part of the Developer, but the City shall not be
obligated to make any certification to the County for the available Tax Increments or
make any corresponding payment of the Economic Development Grant to the Developer
if, in the reasonable judgment of the City, it is not able to give appropriate consideration
to the Developer's certification due to its late filing.
(d) The total, aggregate amount of all Economic Development Grants under this
Agreement shall not exceed $42,000. Each Economic Development Grant shall be equal
to the sum of one hundred percent (100%) of all Tax Increments collected by the City per
fiscal year in respect of the assessments imposed on the Minimum Improvements as of
January 1, 2006, and on January 1 of each of the following six (6) years, until the total,
aggregate of all such Economic Development Grants equals no more than the sum of
$42,000. If a final grant based upon one hundred percent of Tax Increments would result
in total, aggregate Economic Development Grants in an amount exceeding $42,000, the
final Economic Development Grant shall be reduced accordingly. Such Economic
Development Grants shall at all times be subject to termination in accordance with the
terms of this Article VIII. Thereafter the taxes levied on the Minimum Improvements
shall be divided and applied in accordance with the Urban Renewal Act and the
Ordinance.
(e) In the event that any certificate filed by the Developer under Section 6.7 or
other information available to the City discloses the existence or prior occurrence of an
Event of Default that was not cured or cannot reasonably be cured under the provisions of
Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would
become an Event of Default that cannot reasonably be cured under the provisions of
Section 10.2), the City shall have no obligation thereafter to make any further payments to
the Developer in respect of the Economic Development Grants and may proceed to take
one or more of the actions described in Section 10.2 hereof.
Section 8.2. Source of Grant Funds Limited. (a) The Economic Development
Grants shall be payable from and secured solely and only by amounts deposited and held
in the BRIAN DECOSTER - TIF Account of the City. The City hereby covenants and
agrees to maintain the Ordinance in force during the term hereof and to apply the
incremental taxes collected in respect of the Minimum Improvements and allocated to the
BRIAN DECOSTER - TIF Account to pay the Economic Development Grants, as and to
the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be
payable in any manner by other tax increment revenues or by general taxation or from any
other City funds.
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(b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no
obligation to make an Economic Development Grant to the Developer if at any time
during the term hereof the City receives an opinion of its legal counsel to the effect that
the use of Tax Increments resulting from the Minimum Improvements to fund an
Economic Development Grant to the Developer, as contemplated under said Section 8.1,
is not authorized or otherwise an appropriate project activity permitted to be undertaken
by the City under the Urban Renewal Act or other applicable provisions of the Code, as
then constituted, or under a controlling decision of an Iowa court having jurisdiction over
the subject matter hereofi Upon receipt of such an opinion, the City shall promptly
forward a copy of the same to the Developer. If the circumstances or legal constraints
giving rise to the opinion continue for a period during which two (2) Economic
Development Grants would otherwise have been paid to the Developer under the temis of
Section 8.1, the City may terminate this Agreement, without penalty or other liability to
the Developer, by written notice to the Developer.
(c) The City makes no representation with respect to the amounts that may finally
be paid to the Developer as the Economic Development Grants, and under no
circumstances shall the City in any manner be liable to the Developer so long as the City
timely applies the Tax Increments actually collected and held in the BRIAN DECOSTER
- TIF Account (regardless of the amounts thereof) to the payment of the Economic
Development Grants to the Developer, as and to the extent described in this Article.
Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City
shall be free to use any and all Tax Increments collected in respect of increases in
valuation on the Development Property unrelated to construction of the Minimum
Improvements (i.e. increases in assessed or actual value due to market factors) any other
properties within the Project Area, or any available Tax Increments resulting from the
suspension or termination of the Economic Development Grants under Section 8.1 hereof,
for any purpose for which the Tax Increments may lawfully be used pursuant to the
provisions of the Urban Renewal Act, and the City shall have no obligations to the
Developer with respect to the use thereofi
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ARTICLE IX. INDEMNIFICATION
Section 9.1. Release and Indemnification Covenants.
(a) The Developer releases the City and the goveming body members, officers,
agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the
"indemnified parties") from, covenants and agrees that the indemnified parties shall not
be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties
against, any loss or damage to property or any injury to or death of any person occurring
at or about or resulting from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct
or any unlawful act of the indemnified parties, the Developer agrees to protect and defend
the indemnified parties, now or forever, and further agrees to hold the indemnified parties
harmless, from any claim, demand, suit, action or other proceedings whatsoever by any
person or entity whatsoever arising or purportedly arising from (i) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action, demand
or other proceeding brought by the Developer against the City to enforce its rights under
this Agreement), (ii) the acquisition and condition of the Development Property and the
construction, installation, ownership, and operation of the Minimum Improvements or
(iii) any hazardous substance or environmental contamination located in or on the
Development Property.
(c) The indemnified parties shall not be liable for any damage or injury to the
persons or property of the Developer 0r its officers, agents, servants or employees or any
other person who may be about the Minimum Improvements due to any act of negligence
of any person, other than any act of negligence on the part of any such indemnified party
or its officers, agents, servants or employees.
(d) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements
and obligations of the City, and not of any governing body member, officer, agent,
servant or employee of the City in the individual capacity thereof.
(e) The provisions of this Article IX shall survive the termination of this
Agreement.
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ARTICLE X. DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is
used in this Agreement, any one or more of the following events:
(a) Failure by the Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions and
limitations of Article III of this Agreement;
(b) Transfer of any interest in this Agreement or the assets of the Developer in
violation of the provisions of Article VII of this Agreement;
(c) Failure by the Developer to substantially observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement;
(d) The holder of any Mortgage on the Development Property, or any
improvements thereon, or any portion thereof, commences foreclosure proceedings as a
result of any default under the applicable Mortgage documents;
(e) The Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become
due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer as a bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be filed in
any court and such petition or answer shall not be discharged or denied within ninety (90)
days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the
Minimum Improvements, or part thereof, shall be appointed in any proceedings brought
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against the Developer, and shall not be discharged within ninety (90) days after such
appointment, or if the Developer shall consent to or acquiesce in such appointment; or
(f) Any representation or warranty made by the Developer in this Agreement, or
made by the Developer in any written statement or certificate furnished by the Developer
pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading
in any material respect on or as of the date of the issuance or making thereof.
Section 10.2. Remedies on Default. Whenever any Event of Default referred to in
Section 10.1 of this Agreement occurs and/or is continuing, the City, as specified below,
may take any one or more of the following actions after (except in the case of an Event of
Default under subsections (e) or (f) of said Section 10.1 in which case action may be
taken immediately) the giving of thirty (30) days' written notice by the City to the
Developer and the holder of the First Mortgage (but only to the extent the City has been
informed in writing of the existence of a First Mortgage and been provided with the
address of the holder thereof) of the Event of Default, but only if the Event of Default has
not been cured within said thirty (30) days, or if the Event of Default cannot reasonably
be cured within thirty (30) days and the Developer does not provide assurances
reasonably satisfactory to the City that the Event of Default will be cured as soon as
reasonably possible:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its perfmmance under this Agreement;
(b) The City may terminate this Agreement;
(c) The City may withhold the Certificate of Completion;
(d) The City may take any action, including legal, equitable or
administrative action, which may appear necessary or desirable to enforce performance
and observance of any obligation, agreement, or covenant of the Developer, as the case
may be, under this Agreement; or
(e) The City shall be entitled to recover from the Developer, and the
Developer shall re-pay to the City, an amount equal to the most recent Economic
Development Grant previously made to the Developer under Article VIII hereof, and the
City may take any action, including any legal action it deems necessary, to recover such
amount from the Developer.
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Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other available remedy or remedies, but each
and every remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient.
Section 10.4. No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any
Event of Default occurs and the party who is not in default shall employ attorneys or incur
other expenses for the collection of payments due or to become due or for the
enforcement or performance or observance of any obligation or agreement on the part of
the party in default herein contained, the party in default agrees that it shall, on demand
therefor, pay to the party not in default the reasonable fees of such attorneys and such
other expenses as may be reasonably and appropriately incurred by the party not in default
in connection therewith.
ARTICLE XI. OPTION TO TERMINATE AGREEMENT
Section 11.1. Option to Terminate. This Agreement may be terminated by the
Developer if (i) the Developer is in compliance with all material terms of this Agreement
and no Event of Default has occurred which has not been cured in accordance with the
provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term
of this Agreement, and, after written notice by the Developer of such failure, the City has
failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if
such noncompliance cannot reasonably be cured by the City within ninety (90) days of
receipt of such notice, the City has not provided assurances reasonably satisfactory to the
Developer that such noncompliance will be cured as soon as reasonably possible.
Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to
this Article XI, this Agreement shall be from such date forward null and void and of no
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further effect; provided, however, that the City's rights to indemnification under Article
IX hereof shall in all events survive and provided further that the termination of this
Agreement shall not affect the rights of any party to institute any action, claim or demand
for damages suffered as a result of breach or default of the terms of this Agreement by
another party, or to recover amounts which had accrued and become due and payable as
of the date of such termination. In any such action, the prevailing party shall be entitled
to recover its reasonable attorneys fees and related expenses incurred in connection
therewith (but only, in the case of the City, to the extent permitted by applicable law).
Upon termination of this Agreement pursuant to this Article XI, the Developer shall be
free to proceed with the construction and operation of the Minimum Improvements at its
own expense and without regard to the provisions of this Agreement.
ARTICLE XII. MISCELLANEOUS
Section 12.1. Conflict of Interest. The Developer represents and warrants that, to
its best knowledge and belief after due inquiry, no officer or employee of the City, or its
designees oi-agents, nor any consultant or member of the goveming body of the City, and
no other public official of the City who exercises or has exercised any functions or
responsibilities with respect to the Project during his or her tenure, or who is in a position
to participate in a decision-making process or gain insider information with regard to the
Project, has had or shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work or services to be performed in connection
with the Project, or in any activity, or benefit therefrom, which is part of the Project at any
time during or after such person's tenure.
Section 12.2. Notices and Demands. A notice, demand or other communication
under this Agreement by any party to the other shall be sufficiently given or delivered if it
is dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(a) In the case of the Developer, is addressed or delivered personally to
the Developer at 1820 Boyrum Street, Iowa City, Iowa 52240.
(b) In the case of the City, is addressed to or delivered personally to the
City at City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City
Manager; or to such other designated individual or to such other address as any
party shall have furnished to the other in writing in accordance herewith.
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Section 12.3. Titles of Articles and Sections. Any titles of the several parts,
Articles, and Sections of this Agreement are inserted for convenience of reference only
and shall be disregarded in construing or interpreting any of its provisions.
Section 12.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 12.5. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the
entire agreement between the parties regarding the subject matter hereof, and supersedes
and replaces all prior agreements, negotiations or discussions, whether oral or written.
This Agreement may not be amended except by a subsequent writing signed by all parties
hereto.
Section 12.7. Successors and Assigns. This Agreement is intended to and shall
inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns.
Section 12.8. Termination Date. This Agreement shall terminate and be of no
further force or effect on and after December 31, 2014.
Section 12.9 Recording. This Agreement shall be recorded at the Johnson County
Recorder's Office, Iowa City, within 30 days of execution at the expense of the
Developer.
1N WITNESS WHEREOF, the City has caused this Agreement to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested
by its City Clerk, the Developer has caused this Agreement to be duly executed in its
name and behalf by Brian DeCoster,
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ATTEST:
Approved: ,..-' 'Zk~d,/,j ~ J
k~._.-- t~-J~-o~ B~AN DECOSTER
DeveloperXOwner
ATTEST'~~
By: ~
rO/~ ~~. (title)
STATE OF IOWA )
) SS
COUNTY OF~a~.~o,~ )
On this '~r day of 7Y~.~,¢o; ~-y ,2005, before me a Notary Public in and
for said County, personally appeared Errfest W. Lehman and Marian Karr to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
My Commission Ex~ims I Notary Public in and for Johnson County, Iowa
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STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this ~ day of ~"~.t~ ~:taAl~ u ,2005, before me the undersigned, a
Notary Public in and for said County, in saic~ State, personally appeared Brian DeCoster,
to me personally known, who, being by me duly sworn, did say that the execution of said
instrument to be the voluntary act and deed, by him voluntarily executed.
[.¢~t., [ SONDRAE FORT ~
[q~l~l ,3-'7-' ora · Notary Public in and for Johnson County,
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EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property is described as consisting of all that certain parcel or parcels of
land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly
described as follows:
1820BoyrumStreet
In Township 79North, Range 6 West of the 5th P.M., Section 15, S.W. ¼ of the S.E. ¼
thereof, a tract of land described as follows: Beginning at a point on the west line of
Lloyd's Subdivision which lies S. 0 degrees 17 minutes 00 seconds East, 203.00 feet from
the N.W. corner of Lot 2 of Lloyd's Subdivision in Iowa City, Iowa, according to the
plat recorded in Book 7, page 25, Plat Records of Johnson County, Iowa; thence South
0 degrees 17 minutes 00 seconds East, 363.30 feet; thence South 87 degrees 29 minutes
40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13 seconds West 369.75
feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 feet to the point of
beginning.
A-1
EXHIBIT B
MINIMUM IMPROVEMENTS
The Minimum Improvements shall consist of the construction of improvements to
the existing tract of commercially zoned property within the Development Property as
defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site
plan dated ~J~^~-m,w~t to, 2~", and attached hereto, are subject to applicable permits
and approvals. These improvements shall include, but not be limited to, facade
improvements (windows and brick accents on the west elevation) to the Development
Property. Said Minimum Improvements must result in an increase in actual assessed value
of the Development Property of at least fifteen (15) percent as of the first year for which
an Economic Development Grant is received, together with any new construction located
on the Development Property.
B-1
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City of Iowa City, Iowa (the "City") and BRIAN DECOSTER,
INC., having an office for the transaction of business at1820 Boyrum Street, Iowa City,
Iowa (the "Developer"), did on or about the __ day of ,200__, make,
execute and deliver, each to the other, an Agreement for Private Redevelopment (the
"Agreement"), wherein and whereby the Developer agreed, in accordance with the terms
of the Agreement, to develop and maintain certain real property located within the City
and as more particularly described as follows:
In Township 79North, Range 6 West of the 5th P.M., Section 15, S.W. ¼ of the S.E. ¼
thereof, a tract of land described as follows: Beginning at a point on the west line of
Lloyd's Subdivision which lies S. 0 degrees 17 minutes 00 seconds East, 203.00 feet from
the N.W. corner of Lot 2 of Lloyd's Subdivision in Iowa City, Iowa, according to the
plat recorded in Book 7, page 25, Plat Records of Johnson County, Iowa; thence South
0 degrees 17 minutes 00 seconds East, 363.30 feet; thence South 87 degrees 29 minutes
40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13 seconds West 369.75
feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 feet to the point of
beginning.
WHEREAS, the Agreement incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Developer to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Developer has to the present date performed said covenants and
conditions insofar as they relate to the construction of said Minimum Improvements in a
manner deemed by the City to be in conformance with the approved building plans to
permit the execution and recording of this certification.
NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify
that all covenants and conditions of the Agreement with respect to the obligations of the
Developer, and its successors and assigns, to construct the Minimum Improvements on
the Development Property have been completed and performed by the Developer and are
hereby released absolutely and forever terminated insofar as they apply to the land
described herein. The County Recorder of Johnson County is hereby authorized to accept
C-1
for recording and to record the filing of this instrument, to be a conclusive determination
of the satisfactory termination of the covenants and conditions of said Agreement with
respect to the construction of the Minimum Improvements on the Development Property.
All other provisions of the Agreement shall otherwise remain in full force and effect
until termination as provided therein.
(SEAL) CITY OF IOWA CITY, IOWA
By:
Mayor
ATTEST:
By:
City Clerk
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this __ day of ., 200 , before me a Notary Public in and for
said County, personally appeared Ernest W. Lehman and Marian Karr, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Johnson County, Iowa
C-2
City of Iowa City
MEMORANDUM
DATE: December 21,2004
TO: City Council
FROF4: Steven Nasby, Community and Economic Development Coordinator
RE: TIF Development Agreement - Big Ten Rentals, Inc.
For your consideration is a Tax Increment Financing (TIF) Development Agreement
between the City and Brian DeCoster, owner of Big Ten Rentals, Inc. This Development
Agreement specifies the terms of the TIF assistance and Mr. DeCoster's responsibilities
related to the renovation and redevelopment of the property located at 1820 Boyrum
Street.
Brian DeCoster is estimating an investment of approximately $200,000 for renovation to
this property. Site improvements will include facade renovations to the existing building
on the site. In addition, there is a requirement for Design Review regarding the minimum
improvements.
The 1820 Boyrum Street property has been vacant since NCS moved out their
operations. The assessed value of this property has declined by approximately 5%
between 2003 and 2004. The applicant purchased the property in 2004 for
approximately 6% less than the 2004 assessed value, which constitutes a continuing
pattern of declining value for this property. One of the purposes of the Highway 6 Urban
Revitalization Plan was to use TIF as a tool to assist with the redevelopment of property.
On November 19 the City Council Economic Development Committee voted to
recommend the project.
The TIF contributions by the City will be in the form of a 100 percent property tax rebate
for a period of seven years. The Development Agreement has a "not to exceed" or
maximum value of $42,000, which is based on the anticipated investment. To receive
the TIF tax rebates, Brian DeCoster must meet occupancy requirements (leased space)
and the minimum improvements must increase the assessed value of the property by at
least 15 percent over the January 1,2004 assessment.
The requirements and terms of the Development Agreement for are very similar to those
in the Development Agreement the City approved for Sycamore Mall in 2000 and
Pepperwood Plaza in 2003.
If you have any questions please contact me at 356-5248.
Cc: City Manager
Karin Franklin, Director of Planning and Community Development
ADDENDUM TO LEASE - BUSINESS PROPERTY
The City of Iowa City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered
into a Lease Agreement dated March 1, 1998, and an Addendum to Lease dated February 3, 2004 for the
premises located at 404 East College Street, Iowa City, Iowa, copy of which is attached hereto and by this
reference incorporated herein.
The present Addendum to Lease expires on February 28, 2005. Landlord and Tenant desire to execute an
addendum to said Lease for Business Property to provide for a month to month tenancy until the Court
Street Transportation Center is completed and ready to be occupied by Tenant, as set forth herein.
1. Tenancy shall be on a month to month basis commencir~g March 1,2005.
The Lease for, Business Property and Addendum may l~e terminated by Tenant in the event Tenant
relocates its b~s operations to the Court Street Trans)bortation Center (which facility is currently
being construct~) upon thirty (30) days prior writte~ notice provided to Landlord. Any rent that
has been prepaid ~rough the end of the tenancy period herein shall be refi~nded on a pro-rata basis
in the event Tena~,~ terminates the lease as prov)fled herein and relocates to the Court Street
Transportation Cente~q~rior to the end of the tenanly period herein.
/
2. Rent During Month to M'onth Tenancy. /
/
During the month to month tenancy as abojfe provided, Tenant agrees to pay Landlord rent as
follows: /
$1,300 per month, payable in ad)~nce, on or before the first day of each calendar month
of the Tenancy term.
3. All other provisions of the original le~j/e dated March 1, 1998 shall remain in full force and effect.
/
Dated this day of / / , 200__.
1N WITNESS WHEREOF, the parties ha/e duly executed this' ' lease in duplicate the day and year written
above.
Landlord: / .Tenant:
City of Iowa City / GREYHOUND LINES, INC.
A Delaware corporation
By: / By:
Ernest W. Lehman ~
Its Mayor / Its
Attest: Attest:
Marian K. Karr, City Clerk x.~,
Approved By
City Attorney's Office
ADDENDUM TO LEASE - BUSINESS PROPERTY
The City of Iowa City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered
into a Lease Agreement dated March 1, 1998 for the premises located at 404 East College Street, Iowa
City, Iowa, copy of which is attached hereto and by this reference incorporated herein.
Landlord and Tenant desire to execute an addendum to said Lease for Business Property to provide for an
additional one year renewal period as set forth herein.
1. Renewal for~an Additional One Year Term: commencing February,29, 2004 through February 28,
2005. ~
The Lease for Bi~iness Property may be ten ainated b3 a atfli~ the et ent Tenant relocates its bus
operations to the ~ourt Street Transportation Center c ~( facility is currently being planned,
designed and constr~ted) upon thirty (30) days pr' ~ en notice provided to Landlord. Any
rent that has been prel~id through the end of the lea ~ herein shall be refunded on a pro-rata
basis in the event T~,ant terminates the lease ~ herein and relocates to the
Transportation Center pri0~.~o the end of the '
2. Rent During Renewal Term.
During the renewal term as above PrOvided,' agrees to pay Landlord rent as follows:
$1,300 per month, payable , on or before the first day of each calendar month
of the Term.
3. All other provisions of the original [ March 1, 1998 shall remain in full force and effect.
Dated this ~ da) 2004.
IN WITNESS WHEREOF, the parties duly executed tl~lease in duplicate the day and year written
above.
Landlord: Ten~
cit rv Lr s, INC.
By: '
Its: Mayor / V~ Pr~side. nt~
/ Its: Rea~~i !it Ses
Marian%"K. Kart, City Clerk
Approved By
-cf~ty Attome~'~ Office
LEASE AGI~EMENT
LANDLORD: TENANT:
Namo Glty o[ 10wa Gity Greyhound Lines, .Inc
a Delaware corporation
Address 401 East Washington Street . Box 660362
City Iowa City Texas 75266-0362
State, Zip Iowa 52240 ~ s Administration
\
1. DATE. This Le~se Agreement~Y~L made to
ease") is be effective as March t, 1998.
2. pREMISES. Landlord hereby lea~s to Tenant and Tenant leases and takes from Landlord for the term,
at the rental, .and. upon all the terms, covenal~s and conditions set forth the following real property (the
"Premises"):
[Choose and complete one]
· comprising approximatel' feet of fl space as described or designated in the City of Iowa
County of Johnson, State of Iowa, known as 404 East Colleqe Street and as more
particularly described in the site plan attached, hereto and incorporated herein for all
purposes;
~ land with there'o0 in the City'Of, ~ County of
State . "'.,,, COm~fl~D_ly know~l,~ as
m(~r--~, articularly d~.ribed by met~nd bounds in'Ex, hlbit
'A' hereto incor for all ~l~oses; --
togetherwith the continuous ar of acoesst0 and from the Premises, and, if applicable, the
use by Tenant; its employees, invitees ~ of the common areas.
3. TERM. The term of this Lease { three ¢3! years, commencing on March l, 1998 ("Commencement
Date') and extending through i unless sooner terminated pursUant to any pmvlsion hereof. The parties hereto
acknowledge that Tenant shall terminate this Lease at any time apon NIA ( -0- ) months
pdor written notice to Landlord.
~. RENT. Tenant shall Pay to ldlord as rent for the use of the Premises equal .monthly .installments of O13e
payable in advance, on or before tim. first day of each calendar month of
the Term. Rent forany period one month shall be a pro rata portion of the monthly installment. Rent shall be
payable to Landlord at its set forth above or to such other address as L~adlord may designate by notice as
provided herein.
5.' The Premises shall be used'by Tenant for the conduct ~f Tenant's operaflonof a bus
terminal and the passengers, baggage and package express and~any other activities reasonably
related thereto. If the Premises is less than all of Landlord's building or buildings in V(hich the Premises is located,
Landlord will not permit any remaining portion thereof to be occupied or used for purposes which, in the reasonable
opinion of Tenant, would adversely affect or reflect upon Tenant's business.
6. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants
and covenants to Tenant that as of the Commencement Date:
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the
estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided In
this Lease;
(b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances,
regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas
appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access)
and any environmental impact or traffic studies or requirements; and
(c) the Premises does not[contain any asbestos or Hazardous Materials, ~x:J~i~.,4Wxa;~14H3tX~J[X~.q~f[~
)~:~lictJ~l~(as defined in Section ~ herein) and Landlord is not in violation of any federal, state or local law, ordinance or
regUlation relating to industrial hygiene or to the environmental conditions on, Under or about the Premises including, but
not limited to, soil and ground wa~r condition, and that no previous occupant of the Premises has used, generated,
· manufaCtured, stored or disposed of~on, under or about the Premises any Haza~lous Materials, as det. ernli ned by a
Court of competent jurisdict~'on. /~
7. QUIET ENJOYMENT. Landl(~l covenants and agrees that so long ~as Tenant observes and performs all of the
agreements and coVenants required c~ t hereunder, Tenant shall peaceable and quietly have, hold and enjoy the
Premises for the Term without any encur'qbrance interference or hindra~be by Landlord. If Tenant's use of the Premises
is limited or denied through rezonlng, env~onmental impact edict or, [her action of any public or quasi-public agency or
governmental authority, this Lease, at the '~ole Option of Tenant terminate as of the effective date of such action
and the rent applying to the unexpired portiol~of the Term will ·
8. UTILITIES. Tenant shall pay for all es related to the use of the Premises, except as follows:
N/A
9. ASSIGNMENT AND SUBLETTING. ~
· Tena'lqt have the right to assign this Lease, or sublease all or a part of
the Premises for any purpose, contemplated 3h $, with the prior written consent of Landlord, which consent
shall not be unreasonably withheld,to any pemon any time and from time to time. If Tenant subleases all or a
Part of the Premises, Tenant agrees to remain liable for the payment of rent for the remaining term of this
Lease.
10. Tenant, without Landlord's consent, may make any
alterations, improvements, or additions on or about the which Tenant may deem necassapj or desirable,
except for structural repairs and which are th~. sole obligation of Landlord. Tenant, at its option, may
remove such alterations, im by it\in, on or about the Premises. Tenant's personal property
arid its trade fixtures, equipment and fLi~nlshings, shall remain the propen'y of Tenant and may
be removed by Tenant. property, trade fixtures, a~erations, improvements, or additions not removed by
Tenant within lhlrty (30) days end of the Term shall aut~,matically become the property Of Landlord. Tenant
shall repair an~' matedal dam e Premises caused by Tenat~t's removal of its personal pm. perry, trade, fl.xtures:
alterations, improvements, or , but Tenant shall have no obligation to remove such items trem the Premmes at
any time. Landlord shall,it its sole expense, make any alterati0~s, improvements or additions to the Premises
(structural or non-structural) that may be required on account of ar~/ existing or future laws of any governmental
authority, excep! alterat ohs, improvements or additions to the Premises as may be required solely by reason of the
nature of Tenant s business. \ . '
~11. REPAIRS AND MAINTENANCE. Tenant shall make ordinary iqtedor repairs and replace broken glass in the
Premises. Landlord shall maintain and promptly make all extedor repairs and common area maintenance, all' repairs,
replacements or retro-fltting of a permanent character (including, but not limited to, components in the air conditioning,
boiler and heating systems, HVAC system, sprinkler system, ga~ lines, electrical and plumbing fixtures and hot water
· systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including
water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems,
strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay,
-2~
Insect infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be
required by any governmental or public authority, except for any damage caused solely by Tenant's negligen~e, Tenant
shall promptly notify Landlord of any known defect,.damage, decay or dangerous condition associated with the
building system. The 'Building Systems' shall be construed as the building utility elements essential for Tenant's use
and occupancy of the Premises .including, but not limited to, such systems as are not readily accessible to Tenant, such
as underground water, sewer, electric and other utility lines and all trash removal, janitorial and elevator services and
maintenance services related to the Premises. Tenant shall surrender the Premises In as good order, repair and
COndition as the same were in the commencement of the Term, damage by fire and Items covered by extended coverage
Insurance, unavoidable casualty, reasonable wear and tear, alterations, Improvements 'and additions made by Tenant
and Landlord's failure to repair e~,cepted.
12. TAXEs. Landlord, during'~he Term, shall pay promptly when due, ~ eneral ad valorem real estate taxes and
assessments which may be Impos~ upon the Premises. Tenant shall pa; II taXes assessed against and levied upon
Tenant's trade fixtures, and all otherxl~ersonal property of Tenant contain9 in the Premises. As used herein, the term
'real estate tax" includes any form of t~, assessment, license and permlyf ~s, rent tax, income tax, franchise tax, levy,
penalty, or tax Imposed by any authority'~aving the direct or indirect I~W 'to tax, including any city, county, state or
federal government, or any school, agricu{tttral, lighting, drainage or, ther Improvement district thereof or any public or
quasi-public agency or governmental authority, upon any legal or ~ltabl ~ Interest of Landlord in the Premises, upon
Landlord's right to rent or business of leasing th~.Premises, or upon ~ant's use or occupanCy of the Premises.
13. INSURANCE. Landlord shall maintain ~hout the at its sole cost and expense, a policy or policies of
insurance for the mutual benefit of Landlord and loss or damage to the Premises in the amount of the
full replacement cost thereof, ag the classifications of fire, vandalism, explosion, malicious
mischief, special extended perils ("all risk") and any by the so-called Extended Coverage Endorsement
(including leasehold improvements). Tenant shall at its sole cost and expense, a comprehensive general
liability policy including coverage of contractual this Lease, providing a combined single limit of
liability of not less than $500,000 per occurrence, vvhi~ ' shall be primary in the event of negligence on the
I~art of Tenant, and or the failure of Tenant to hereunder. Tenant shall 'furnish a certificate of
irtsurance evidencing the aforesaid coverage upon request. Landlord shall maintain public liability
Insurance for any common areas. Notwithstanding the contrary, Tenant may satisfy its insurance
obligations hereunder by self-insuring any or all its insurance lla'bjlitles and Tenant shall, upon Landlord's request,
furnish certificates evidencing such coverage.
14. INDEI~INITY. Except as othe~vise herein, each party a~rees to indemnify and save the other party
harmless from any and all claims, costs and expenses of e~ry Idnd whatsoever, including reasonable
attorney's fees for the defense thereof, ~ from the indemnifying party's ,~yrongful' act or negligence in or about the
Preemises. In case of any action or brought against either party I~j reason of any such claim, upon notice
from such part~y, the Indemnifying covenants to defend such action ~\or proceeding by counsel reasonably.
satisfactory to the other party, action or proceeding alleges the ~joining or concurring wrongful act or
negligence of both parties, In parties shall share equally in the defepse of such action or proceedings.
15. If the Premises is damaged er destroyed 'tn whole or in part by fire or other
casualty, Landlord shall repair ~ restore the Premises to a good tenantable condition. All rent shall wholly abate in
or shall abate pre rata for the portion rendere~l untenantable in case a part only
is untenantable, until the is restored to a tenantable condition. Landlord shall d0mmence and complete all work
required to be done under Section 15 with reasonable promptness and diligence. In the event Landlord repairs or
restores the Premises, th under this Lease shall be abated or reduced pmportioriately during any period which,
by reason of such or destruction, there is any interference with the operation of the. business of Tenant. Tenant
shall not be liable to Landlord for damage to the Prom sos caused by fire or other risks 'embraced within Landlord's
insurance coverage, whether or not the same is due to the negligent act or omission of Tenant. If Landlord does not
commence the repair or restoration Within fifteen (15) days after the damage or destruction occurs, or if repair or
restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by
-3-
giving Landlord notice of Tenant's election to do so at any time pdor to the commencement of the repalr or restoration.
In that event, this Lease shall terminate as of the date of such damage or destruction.
16. ~. If all the Premises or a substantial portion thereof is taken by condemnation or under the
power of eminent domain, or sold under the throat of the exemise of said power (all' of which are herein called
'condemnation"), this Lease, at Tenant's sole discretion shall automatically terminate as of the date the condemning
authority takes title or whichever occurs first.
If any other taking (of the ises or otherWise) adversely and substantially affects Tenant's use, access, or rights of
Ingress or egress of or to )remises, then Tenant may elect to terminate this as of the date the condemning
authority takes possession. [nt's election to terminate shall be made in (30) days after Landlord.
has given Tenant written the taking (or in the absence of such within fifteen (15) days after the
condemning authority has taken If Tenant does not termlm in accordance with this Section 16,.
this Lease shall remain in full effect as to the portion of the Preml remaining,' except that rent'shall be
reduced in the proportion that the taken diminishes the value and the Premises to Tenant. In addition,
Landlord, at its expense, shall any damage to the by.condemnation and restore the
remainder of the Premises to the ~ satisfaction of Tenant.
Any award or payment made upon of all or any part of Premises Shall be the property of Landlord,
whether such award or payment for the takil of the fee or as severance damages; provided
Tenant shall be entitled to the portion of any award or paymer loss of or damage to Tenant's trade fixtures,
removable personal property, and additions, ons and made to the Premises by Tenant, .and for its
loss of business or the leasehold herein created any other ential or special damages, such as Tenant's
relocation and moving expenses.
17. DEFAULTS; REMEDIES.
(a) Defaults. The occurrence of any of the events constitutes a matedal default of this Lease by
Tenant:
(i) The failure by Tenant to make any rent or any other payment required to be made by
Tenant hereunder, as and when due ailuro a period of twenty (20) days after Tenant
receives notice thereof from Landlord.
(ii) The failure by Tenant to 'obsery~ ~ perform any o~the covenants, conditions or provisions of this
Lease to be observed or performed by Tenant, (~her than those descrtt[ed in subsection (1) above, where the failure
continues for a period of thirty (30) days after Tf~nant receives notice theh~of from Landlord; provided, however, that if
the nature of Tenant's default is such that mor~ than thirty (30) days are r~sonably required for its cum, then Tenant
ig y 'p . · ~ ,~ ' '
(iii) The making by Tenant/of any general assignment or general ~rangement for the benefit of creditom; '
· the filing by Tenant of a petition to have/3'enant adjudged a bankrupt; the judicial de~lamtion of Tenant as bankrupt.
(iv) The appointmen~of a trustee or receiver to take possession ~)~ substantially all Tenant's assets
located at the Premises or of Tena~s interest in this Lease, if possession is no! restore~l to Tenant within thirty (30) days.
(v) The attachm~t, execution or other judicial seizure of substantially ali. Tenant's assets located at the
Premises or of Tenant's intere~n this[ease, if the seizure is not discharged within thirty (30) days.
(b) Remedies upo~ Tenant's Default. In the event of any such material default by Tenant, Landlord may,
after giving notice as provided above, enter into the Premises, remove Tenant's property and take and hoid possession
-4-
of the Premises and expel Tenant and pursue those remedies available to Landlord under the laws of the state In ~vhich
the Premises is located. Landlord shall make reasonable efforts to relet the Premises or any part thereof in order to
mitigate any damages resulting from Tenant's default.
(c) ~. Landlord shall not be in default unless Landlord fails to perform any covenants,
terms, provisions, agreements or obligations required of it within a reasonable time, but in no event later than thirty (30)
days after written notice by Tenant to Landlord; provided that if the nature of Land ord's obligation is such that n~ore than
thirty (30) days are reasonably required for performance, then Landlord shall not be in default if Landlord commences
performance within the thirty (30) day period and thereafter diligently completes performance.
· (d) Remedies upon L~ndlord's Default. f Landlord defaults in the performance of any of the (~bligatlons or
conditions required to be perforrfl~d by Landlord under this Lease, Tenant may, after~giving notice as provided above,
either cure the default and deduct ~e cost thereof from rent subsequently becoming due hereunder, or elect to terminate
this Lease upon giving 30 days wi~tten notice to Landlord of its Intention to do so. In that event, this Lease shall
terminate upon the date specified in'he notice, unless Land ord has meanwhile cUred the default to the satisfaction of
Tenant. In the 'event that any representations and warranties set forth in this LeaSe (including but not limited to those set
forth in Section 6 herein) shall ceaseto~)e the case, and if Landlord shall have failed to commence to cure within sixty
(60) days after notice from Tenant and th~roafter diligently completes the cure of the same, then, except as specifically
provided elsewhere in this Lease,-Tenant'~,hall have the right to terminate ~hls Lease upon written notice to Landlord.
Tenant may also pursue those remedies ava}l~ble to it under the laws ofth~ state in which the Premises is located.
18. HOLDING OVER. If Tenant remains ~'X~ possession of the ~ lises after the expiration or termination of this
Lease, and without the execution of a new Leas~. Tenant sha be ted to be occupying the Premises as a tenant
from month-to,month, subject to all of the condi~ons, provision obligations of this Lease insofar as they are
applicable to a month-to-month tenancy.
19. NOTICES.. All acceptances, approvals, demands or other communications required or
Permitted to be given or sent by either party to the other, otherwise provided, shall be deemed to have been fully
given when made in writing and delivered in person or de in the United States mail, certified and postage prepaid,
addressed to the name and address set forth at the top The address and person for written communication
may be changed upon ten (10) days written notice
20. WAIVER OF SUBROGATION. Landlord Tenant all parties claiming under or through them- hereby
mutually release and discharge each other, any tenants of the building in which the Premises is
located, and the officers, employees, agents, rep business visitors of Landlord or Tenant or
such other tenants or occupants, from all and from or caused by any hazard covered by
insurance on or in connection with the ' said building, even ceused by the fault or negligence of a released
party. This release shall apply only to the t that such claim, , is covered by insurance.
21. ENVIRONMENTAL MATTERS. a condition precedent to effectiveness of this Lease, Landlord shall
provide Tenant a copy of all existing reports, studies or concerning the Premises. Tenant will
COmply with all environmental laws the term of the Lease, but no liability whatsoever and shall not
assume any conditions for any environmental materials or Materials on the Premises. Landlord
agrees to indemnify, defend and Tenant harmless from and against any all loss, damage, liability and expense
(including reasonable that Tenant may incur as a result of ly claim, demand or action related to
environmental conditions, H~ ous Materials or any other environmental laws and regulations not directly resulting
from Tenant's activities on Premises. The delivery of copies of environmental reports, studies or audits required in
this Section must be . Tenant not later lhan fourteen (14) days prior to the Commencement Date.
22. The term "Hazardous Materials" as used herein shall include but not be limited to
asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances,
and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental
-5-
authority having jurisdiction over the Promises, any substances defined as "hazardous substances," 'hazardous
materials" or 'toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the ,Hazardous Materials
Transportation Act,. 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15
U.S.C. §2601, et Seq.; Clean'Water Act, 33 U.S.C. §1251, et seq; the laws, regulations or rulings of the state In which the
Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated
pursuant to any of such laws and ordinances.
23. MiSCELLANEOU~x' '
· (a) Slqns. Tenant ~,ay erect such signs on the exterior or interior of the/Premises as Tenant may deem
desirable if the signs do not vieX the laws, rules, or regulations of the municipality~/~vhich the Premises are situated.
(b) Severabilitv: ChoiceX, of Law. The invalidity or unenforceabllit~/of any provi.sion of th!s Lease, nas
determined by a court of competent ~tl. risdiction, shall in no way affect the valldi~ of the remaineer of this [.ease or a y
other provision hereof. THIS LEASExSHALL BE GOVERNED BY THE I.]AWS OF THE STATE IN WHICH THE
PREMISES IS LOCATED. ~ //
· (c) Entire A(Ireement. This Leaseka0d any addenda and exhibit/attached hereto or to be attached hereto, set
forth all of the covenants, prom ses, agreements,, and conditions betwee~L.a, ndlord and Tenant concerning the PromiSes
and this Lease and there are no covenants, prot~ses agreements or ~onditions, either oral or written, between them.
This Lease may not be modified or amended in ah~z. manner except ~/an instrument in writing executed by the parties
hereto. ~.
(d) Brokeraee. Landlord covenants and agreeS~.,t~ save ~nd hold Tenant harmless from any and all claims for
brokerage fees arising out of this Lease. r,
(e) Attorney's Fees. If either party named an action to enforce the terms of this Lease or to
declare rights hereunder, the prevailing party in any such . on trial or appeal, shall be entitled to his reasonable
attorney's fees to be paid by losing party as fixed by the '~,~ __ ~ ~
~. (0 Ifthe istob~ '"' Stop" bXy, Tenant in th"exRussell'sGu'~einwhlch
passeh~,~rs are ..~ . the ~r meal '~,cilities, Landk[rd shall con~ete the
Accessibillty,,Checklist, ~tta the '~all be si:~ect to the te'~ns and conditions of
Exhibit. 'C', attached hereto L,I purposes.
IN WITNESS WHEREOF, the parties hereto have this instrumen(~ be effective as of the day and year first
above written.
Landlord: Tenant:
CITY OF IOWA CITY // a~Del~,ar, e/corporati~(~n '
NaOmi J. 1'{6rick(
Its: Mayor
Tax ID No.;.
(If individual, Social Secudty Number)
WI'I"NESS: Marian K, Karr, .City Cler WITNESS:
/
/
/
\
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EXHIBIT "A" (Page 1 of 2)
to that certain
by and between as I~ndlord, and
ORE' as Tenant
19