HomeMy WebLinkAbout2005-02-15 ResolutionDate: February 8, 2005
To: City Council
From: Stephen J. Atkins, City Manager
Re: Sale of North Airport Development property to Wal-Mart
In 2001, a 57.13 acre parcel of Airport property was subdivided into 17 lots, and the property
was zoned "Intensive Commerical (C1-1)". The lots have been marketed for sale to the general
public for commercial development. City Staff has negotiated a purchase agreement with Price
Properties, a land acquisition agent for Wal-Mart, for the purchase of 21.76 acres at a purchase
price of $3,131,724.40. The purchase agreement provides for its assignment from Price
Properties to Wal-Mart. A copy of the written purchase agreement is in your Council packet.
Exhibit A attached to the purchase agreement depicts the 21.76 acre subject parcel. I have
signed the purchase agreement, subject to City Council approval within 60 days. To aid in your
review and consideration of the purchase agreement, I would like to draw to your attention the
following aspects of the purchase agreement.
1) The purchase agreement is subject to approval by the Wal-mart Real Estate Committee
within 90 days.
2) The purchase agreement is subject to Wal-Mart's determination of the feasibility of their
planned development within 150 days. If Wal-Mart determines their planned development is
not feasible within the 150-day period, they may cancel the purchase agreement and the
City receives no compensation. If Wal-Mart wishes to have an additional 90 days to
determine the feasibility of their planned development, they must make a deposit of $25,000
in addition to their initial deposit of $15,000. If they determine their planned development is
not feasible within the additional 90-day period, Wal-Mart may cancel the purchase
agreement, but the City then keeps the full $40,000 deposit.
3) The purchase agreement provides for payment and transfer of possession within 270 days.
Completion of the sale is contingent on a number of matters to be completed within the 270
day period, including the following:
a) Iowa City's rezoning of the property from "Intensive Commercial Zone (C1-1)" to
"Community Commercial Zone (CC-2)" to allow for retail;
b) Wal-Mart's receipt of all necessary government approvals for the planned development
of the parcel, including but not limited to the following:
i) Site plan approval and issuance of building permits by the City;
ii) A special exception from the Iowa City Board of Adjustment for establishment of a
gas station on the property, if necessary under the zoning code applicable at the time
of site plan review;
iii) Federal Aviation Administration (FAA) approval of the planned development of the
property, including Wal-Mart's use of the City-owned outlots lying within the Airport's
"Transitional Safety Zone" for stormwater detention and driveway access, and;
iv) Federal Emergency Management Agency (FEMA) approval of an adjustment of the
flood plain boundary lying within the property.
c) Iowa City's vacation of the portion of Ruppert Road lying within the parcel to be sold;
d) Iowa City's resubdivision of the entire 57.13 acres to adjust lot lines and provide for the
relocation of Ruppert Road as generally depicted on Exhibit A attached to the purchase
agreement. In connection with the resubdivision proceedings and relocation of Ruppert
Road:
February 8, 2005
Page 2
i) Wal-Mart will be responsible for the reconstruction of Ruppert Road at their cost;
ii) Wal-Mart will be responsible for the construction of a turn lane for traffic traveling
north on Ruppert Road turning west on to Highway 1, and;
iii) Wal-Mart will pay the City $100,000 for other off-site improvements made necessary
as a result of the development.
e) When the 57.13 acre parcel of Airport property was subdivided, the City imposed certain
restrictions and covenants on the use of the land to address concerns specific to the
airport as well as other concerns including aesthetics. The purchase agreement is
contingent on the City's amendment of these restrictions and covenants in a number of
respects, as set forth in Exhibit D to the purchase agreement. The following are some of
the amendments provided for:
i) Cafeterias, theaters, bowling alleys, billiard parlors, night clubs, bars, schools and
adult-type establishments will not be allowed within approximately 200 feet east of
the border of the Wal-Mart property;
ii) No other property in the subdivisions (or any adjacent property owned by the City)
may be used for grocery store or supermarket containing more than 10,000 square
feet, a wholesale club similar to "Sam's Club", a discount / department store
containing more than 35,000 square feet, a pharmacy, a variety, general or "dollar"
store containing more than 8,000 square feet, or a gas station, vehicle fueling station
or oil change/quick lube facility, and;
iii) Wal-Mart will be exempt from the current requirement that purchasers of lots obtain a
building permit within 2 years of the purchase and reach 90% completion within 2
years later.
If any of these contingencies in the purchase agreement are not met within 270 days, Wal-Mart
will have no obligation to complete the purchase, and the City will receive no compensation. If
the contingencies are met, but Wal-Mart refuses to complete the purchase as required by the
purchase agreement, the City's remedy is retention of the initial deposit in the amount of
$15,000.
cc: Eleanor M. Dilkes, City Attorney
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-70
RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND PRICE PROPERTIES FOR
APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10
THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND
LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION - PART TWO, AND TO DISPOSE OF SAID PROPERTY IN
ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR
MARCH 1, 2005
WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two
Subdivision include commercial lots which have been marketed for sale to the general public; and
WHEREAS, City has negotiated a purchase agreement with Price Properties, a land acquisition agent for
Wal-Mart, a copy of which agreement is attached hereto and requires City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to approve the attached purchase
agreement between the City of Iowa City and Price Properties for the above-referenced
property, and to dispose of said property in accordance with that agreement.
2. A public hearing on said proposed agreement should be and is hereby set for March 1,
2005 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa
City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public
hearing to be published as provided by law.
Passed and approved this 15th day of February ,20 05
MAYOR Pro tern
Approved by
(~I'r~CLERK City-A'tto(ney'~'Office--
Resolution No. 05-70
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
IOWA - Iowa City
Store # 1721
PURCHASE AGREEMENT
This Agreement is dated as of the 9th day of February , 2005, between THE
C1TY OF IOWA CITY, IOWA ("Seller"), and PRICE PROPERTIES ("Buyer");
WITNESSETH:
1. Sale and Purchase. Seller shall sell and Purchaser shall purchase, subject to the
terms and conditions herein, an approximately 21.76 acre tract of land (the "Property") more
particularly described or depicted in Exhibit A attached hereto and made a part hereof, located at
the intersection of Highway 6 and Ruppert Road, in or near the City of Iowa City, Johnson
County, Iowa.
2. Purchase Price. The purchase price for the Property shall be Three Million One
Hundred Thirty-One Thousand Seven Hundred Twenty-Four and 40/100 Dollars ($3,131,724.40)
(the "Purchase Price"), payable as follows:
(a) Fifteen Thousand and No/100 Dollars ($15,000.00) shall be paid
contemporaneously with the execution by Buyer of this Agreement to LandAmerica Financial
Group, Inc., National Commercial Services, 7557 Rambler Road, Suite 1200, Dallas, Texas
75231; Attn: Ms. Stephanie Kleam, National Accounts Administrator (the "Escrow Agent"), to
be held in an interest bearing escrow account (the "Deposit"), with interest accruing to Buyer,
and to be delivered to Seller at the Closing (hereinbelow defined); or, at Buyer's option, such
Deposit may be allocated pursuant to a letter of credit existing in favor of the Escrow Agent; and
(b) The balance of Three Million One Hundred Sixteen Thousand Seven Hundred
Twenty-Four and 40/100 Dollars ($3,116,724.40) shall be paid on the date of the closing of this
sale (the "Closing") by certified check or Federal wire transfer.
3. Survey. Within seventy-five (75) days after the Effective Date of this
Agreement, Buyer, at its expense, shall obtain a cmrent survey of the Property prepared by a
Registered Surveyor (the "Survey"). The Survey, in form suitable to Buyer, Seller and Title
Company, shall (a) locate all present and future easements, rights-of-way, wetlands, 100-year
flood plain, building lines, utility lines, roadways and encroachments on or abutting the Property,
00) contain an accurate metes and bounds description of the Property', and (c) contain the
certification of the surveyor as to the number of net square feet contained in the Property,
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exclusive of any land lying within areas in, upon, over, under and across which no improvements
may be constructed by Buyer, its agents or successors.
4. Tire Insurance. Within forty-five (45) days after receipt of the Survey described
in Section 3 above, Buyer may order a standard form ALTA Owner's Title Commitment Policy
(the "Commitment") covering the Property and issued by a National Title Insurance Company
acceptable to Buyer and licensed to do business in the state in which the Property is located
("Title Company"), together with copies of all instruments, if any referred to in the Commitment
as exceptions to title. The title insurance policy issued to Buyer shall have ALTA
comprehensive endorsement, plus coverage for (i) access to physically open streets adjacent to
the Property, (ii) any covenants, conditions and restrictions affecting the Property have not been
violated nor will be violated by Buyer's intended use of the Property, (iii) contiguity of any
multiple parcels which comprise the Property with no gaps nor gores, (iv) that the standard
survey exception be omitted from the title policy and (v) Buyer's successors. Within thirty (30)
days of receipt of the latter of the Survey and the Commitment, which Commitment must include
copies of all documents constituting exceptions to title and Survey, Buyer shall give notice in
writing to Seller of any defects in or objections to the title or the Survey as so evidenced. If
Buyer does not either accept the conditions of the Commitment and Survey or object to the
conditions of the Commitment and Survey within said thirty (30) day period, then Seller may
give Buyer written notice of its failure to object to the conditions of the Commitment and
Survey, and if Buyer fails to give Seller written notice of any defects in or objections of Buyer to
the title or the Survey within ten (10) business days after such written notice from Seller, then
Buyer shall be deemed to have approved the matters described in the Commitment and the
Survey (except for Lien and Lease Exceptions as hereinbelow defined). Additionally, except for
(i) matters to which written notice of objection has been given by Buyer to Seller as hereinabove
provided, and (ii) Lien and Lease Exceptions as defined below, all exceptions disclosed by the
Commitment and the Survey shall be included in the term "Permitted Exceptions" as used
herein. Seller shall, within forty-five (45) days after receipt of said notice, or such time as may
be extended by Buyer, exert its reasonable and diligent efforts to clear the title of the defects and
objections so specified. Failure to exert such effort to clear the title of defects and objections
within the forty-five (45) days, or such time as may be extended by Buyer, shall constitute a
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default on the part of the Seller and be subject to the provisions of Paragraph 10 contained
herein.
5. .Title and Deed. At the Closing, Seller shall convey to Buyer, by General
Warranty Deed in a form acceptable to Buyer, marketable title to the Property, free and clear of
any and all encumbrances except for Permitted Exceptions, as determined pursuant to the
provisions of Section 4 above. In no event shall mortgages, deeds of trust, monetary liens, or
leases be deemed Permitted Exceptions ("Lien and Lease Exceptions"). At the Closing, Buyer
also may obtain, at Buyer's expense, a standard from ALTA Owner's Title Insurance Policy (the
"Policy") issued by the Title Company, insuring marketable title to Buyer in the full amount of
the Purchase Price and containing no exceptions or conditions other than the Permitted
Exceptions. If Buyer elects to obtain an extended form title insurance policy, Buyer shall be
responsible for the increase in premium between a standard form policy and an extended form
policy. Seller shall deliver to Buyer and Title Company copies of the deed and all other
documents required for closing at least ten (10) days prior to Closing. Delay in Seller's delivery
of said instruments may at Buyer's option result in a delay of the Closing equivalent to the delay
in the delivery of the instruments.
6. Risk of Loss: Condemnation. Until the Closing, the risk of loss or damage to
the Property by fire or other casualty or its taking or damage by condemnation shall be on Seller.
If any loss or damage occurs prior to the Closing, then Buyer shall have the option of (i)
canceling and rescinding this Agreement and receiving a refund of all the Deposits, or (ii)
accepting the Property with abatement of the Purchase Price in the amount of the estimated cost
of replacement or repair (as agreed upon by Seller and Buyer). If, prior to the Closing, all or any
part of the Property shall be condemned by governmental or other lawful authority, Buyer shall
have the option of (a) completing the purchase, in which event all condemnation proceeds or
claims thereof shall be assigned to Buyer, or (b) canceling this Agreement, in which event the
Deposit and any interest earned thereon shall be returned to Buyer and this Agreement shall be
terminated with neither party having any rights against the other.
7. Taxes and Assessments. Real estate taxes, if any, for the fiscal year in which the
Closing occurs shall be prorated to the date of Closing, Seller to have the last day, to and
including the date of Closing. Real estate taxes for all prior years shall be paid by Seller. If the
Closing shall occur before the tax rate is fixed for the then-current fiscal year, the apportionment
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of taxes shall be upon the basis of the tax rate for the preceding fiscal year applied to the latest
assessed valuation, with the proration to be adjusted between the parties based on actual taxes for
the fiscal year in which Closing occurs at the time such actual taxes are determined.
Assessments, either general or special, for improvements completed prior to the date of Closing,
whether matured or unmatured, shall be paid in full by Seller. All charges for water, sewer, rents
and solid waste removal and maintenance attributable to Seller's ownership, possession or use of
the Property, including those for which assessments arise after Closing, shall be paid by Seller.
All other assessments shall be paid by Buyer. The Escrow Agent shall cause to be completed the
Real Property Tax Guidelines For Buyer Built Stores attached hereto as Exhibit B and shall
provide to Buyer at closing.
8. Transfer and Sales Taxes. The expense and cost of all Federal, state and local
documentary or revenue stamps, transfer, sales and similar taxes, if any, relating to the sale of the
Property and imposed on or calculated on the basis of the Purchase Price, shall be paid by Seller
on the date of Closing. Both parties agree to execute any tax returns required to be filed in
connection with any such taxes. Rollback taxes payable as a result of the sale of the Property (if
any) shall be paid by Seller.
9. Default by Buyer. If Buyer shall default in the performance of any of the terms
and conditions of this Agreement, or if the Closing shall not occur through the fault of Buyer,
Seller shall, as its sole remedy at law, in equity or otherwise, retain the Deposit as liquidated
damages, and this Agreement shall be canceled. If the Deposit is not promptly tendered to Seller
following written demand from Seller to Buyer and the Escrow Agent, Seller shall not be
obligated to file suit against the Escrow Agent to recover the Deposit and may, in the alternative
and at its election, file suit against Buyer in the appropriate court in the State of Iowa to recover
an amount equal to the Deposit directly from Buyer.
10. Default by Seller. If Seller fails or refuses to fully comply with the terms of this
Agreement, for any cause other than Buyer's default hereunder, Buyer shall, at its option and as
its sole remedy, either (a) rescind this Agreement and recover from Seller the Deposit, as well as
any and all reasonable expenses, not to exceed $50,000.00, paid or incurred by Buyer in
connection with this Agreement, or (b) proceed with this Agreement and take the Property as is,
or (c) pursue a suit for specific performance of Seller's obligations under this Agreement.
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11. Right of Entr~. At any time prior to the Closing, and at Buyer's sole expense,
Buyer or its authorized agents shall have the right to enter upon the Property for any lawful
purpose, including without limitation making such surveys and site analysis, test borings and
engineering studies as Buyer may deem necessary. Except for any preexisting conditions on the
Property, Buyer shall indemnify and hold Seller harmless from and against any and all claims
and liens arising out of any act or failure to act of Buyer or its authorized agents as a result of
their respective activities on the Property. If Closing does not occur within the time period
provided for in this Agreement, and if requested to do so by Seller, Buyer shall restore the
Property to the condition in which it existed prior to Buyer's entry thereon.
12. Brokerage Fees. Seller shall be responsible for the payment of the brokerage fee
or commission (the "Commission"), payable only. if, as and when the Closing actually occurs,
and not otherwise, to NAI Iowa Realty Commercial (Harry Wolf) ("Seller's Broker") and Jason
Price ("Buyer's Broker') (together, the "Brokers"), in an amount equal to seven percent (7%) of
the first $500,000.00 of the Purchase Price for the ProperVy, plus six percent (6%) of the next
$500,000.00 of the Purchase Price for the Property, plus five percent (5%) of the next
$1,000,000.00 of the Purchase Price, plus three percent (3%) of that portion of the Purchase
Price in excess of $2,000,000.00 (thus, a Purchase Price of $3,131,724.40 would result in a
calculated Commission of $148,951.73); such Commission to be divided evenly between Seller's
Broker and Buyer's Broker. Both parties represent that no other broker is involved in this
Agreement and each party indemnifies the other against brokerage or commission claims arising
out of the indemnifying party's actions.
13. Utilities. Seller, at the time of Closing, warrants that water, gas, electrical,
sanitary sewer and storm sewer utility services are available to the property line of the Property.
14. Contingencies. The purchase contemplated by this Agreement between the
parties is subject to the following contingencies:
A. Feasibility Period. Buyer shall have a one hundred fifty (150) day period
from and after the date of this Agreement (the "Feasibility Period") to determine the feasibility
of Buyer's planned development oflhe Property. Buyer may, at its option, extend the Feasibility
Period for one (1) additional period of ninety (90)-days by depositing with the Title Company an
additional Twenty-Five Thousand and No/100 Dollars ($25,000.00) for such extension. At
Buyer's election, such additional amount may be allocated pursuant to an irrevocable letter of
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credit existing in favor of Escrow Agent. Said deposit shall increase the amount of the Deposit
and be applied to the Purchase Price. In the event Buyer falls to timely make such additional
deposit, Buyer shall be deemed to be in default hereunder, and Seller shall be emitled to give
Buyer notice of same in accordance with Section 9 above. At any time prior to the end of the
Feasibility Period (as extended, if extended), the Buyer may, for any reason in its sole and
absolute discretion, cancel this Agreement and receive a refund of the Deposit; provided,
however, that if such cancellation by Buyer occurs at, er the end of the original 150-day
Feasibility Period, then the entirety of the Deposit (the original $15,000.00 Deposit and the
additional $25,000.00 Deposit for extension of the Feasibility Period) shall be non-refundable to
Buyer and shall be paid to Seller.
B. Zoning. This Agreement is expressly conditioned on rezoning of the Property
to Community Commercial (CC-2), pursuant to Iowa City Code Section 14-6E-5, for business
retail usage. Seller shall, at its expense and within sixty (60) days aider the Effective Date
hereof, file an application to have the Property rezoned to Community Commercial (CC-2),
pursuant to Iowa City Code Section 14-6E-5, for business retail usage. Seller and Buyer shall
pursue the zoning application and processing to completion and shall execute all necessary and
appropriate instruments. It is acknowledged and agreed, however, that the final reading and the
effective date of the ordinance to rezone the Property may be delayed until a date on or before
Closing, aRer all other contingencies contained herein have been waived or satisfied.
Application shall be made in the name of either Seller or Buyer or other parties as may be
required or appropriate under the governing zoning ordinances.
If the rezoning described above is not obtained on or before the Closing, this
Agreement shall, at Buyer's option, terminate and be o£ no further force or effect, and the
Deposit and any interest earned thereon shall be returned to Buyer, or Buyer shall waive this
contingency and proceed with the Closing. Once the rezoning described above is completed,
Seller agrees to provide a letter from the appropriate zoning entity stating such zoning and this
contingency shall have been satisfied.
C. Soils Tests. This Agreement is expressly conditioned upon soils test results,
which, in the sole judgment or'Buyer, evidences that the property is suitable for Buyer's intended
use. Buyer shall obtain soils test borings to be taken on the property within thirty (30) days of
receipt of the Survey, provided for in Section 3 hereo£ If Buyer determines soils are unsuitable
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for its use, then this Agreement shall, at Buyer's option, terminate and be of no further force or
effect. Should Buyer elect to terminate this Agreement, the Deposit and any interest earned
thereon shall be returned to Buyer, or Buyer shall waive this contingency and proceed with the
Closing.
D. Real Estate Committee Approval. This Agreement and purchase is wholly
contingent upon Buyer being able to obtain approval, from the Real Estate Committee for Wal-
Mart Real Estate Business Trust, of the placement of a store on the Property. It is understood
that Buyer shall notify Seller within ninety (90) days.alter the Effective Date of this Agreement
of the decision of the Committee. If the decision is "yes" this Agreement shall continue in full
force and effect. If the decision is "no" the Deposit and any interest earned thereon shall be
returned to Buyer and this Agreement shall terminate and neither party shall have any further
obligations under the terms thereof.
E. Governmental Approvals. This Agreement is expressly conditioned upon
Buyer receiving from all appropriate and applicable private and/or governmental agencies and
entities including but not limited to city and/or county planning authorities, Department 0f
Environmental Regulations, Department of Transportation and Water Management District, any
written approvals, permits, and licenses as may be requked for the construction of its facilities
upon the Property, including without limitation, site plan approval by the City of Iowa City (the
attachment and use of a preliminary site plan as Exhibit A to this Agreement is not intended to be
and does not constitute site plan review or approval by the City of Iowa City), a special
exception approved by the Iowa City Board of Adjustment, if necessary, for Buyer's proposed
use of the Property, and submission and approval of a Federal Aviation Administration (the
"FAA") Form 7460-1 "Notice of Proposed Construction and Alteration," including (without
limitation) approval by the FAA of the use of that portion of the "Transitional Safety Zone" (as
shown on Exhibit A attached hereto) abutting the southeast boundary of the Property for the
purposes described in Section 14I. below, but excluding any occupancy permits from the City of
Iowa City. Buyer agrees to diligently pursue the acquisition of said approvals, permits and
licenses promptly at,er the Effective Date of this Agreement; however, it is expressly understood
that Buyer shall not be obligated to close until all necessary approvals, permits and licenses are
obtained. If Buyer determines it is unable to obtain the necessary permits and approvals for its
use, then this Agreement shall, at Buyer's option, terminate and be of no further force or effect,
24531642.4 07-Feb-05 15:19 04339499 7
and the Deposit and any interest earned thereon shall be returned to Buyer, or Buyer shall waive
this contingency and proceed with the Closing.
F. Vacation of Ruppert Road Right-of-Way/Utility Easements. This A4~reement
is expressly conditioned upon (i) vacation of the portion of the existing Ruppert Road right-of-
way contained within the Property, (ii) Buyer granting to Seller any and all necessary tuilky
easements within the relocated Ruppert Road fight-of-way for the utilities located with the
existing Ruppert Road right-of-way to be vacated, without compensation, and (iii) Buyer paying
the cost of relocation of any such utilities from the existing Ruppert Road right-of-way to the
relocated Ruppoert Road right-of-way. Seller shall, at its expense and within thirty (30) days
after receipt of the Survey provided for in Section 3 hereof, file an application to have said right-
of-way vacated. Seller and Buyer shall pursue the vacation application and processing to
completion and shall execute all necessary and appropriate instruments. Application shall be
made in the name of either Seller or Buyer or other parties as may be required or appropriate. If
the above vacation and grant of utility easements are not obtained on or before the Closing, this
Agreement shall, at Buyer's option, terminate and be of no further force or effect, and the
Deposit and any interest earned thereon shall be returned to Buyer, or Buyer shall waive this
contingency and proceed with the Closing.
G. Subdivision Proceedings. This A4~reement is expressly conditioned upon
approval of ail resubdivision proceedings required for conveyance of the Property as described '
on Exhibit A hereto. Seller shall, at its expense, and within sixty (60) days after receipt of the
Survey provided for in Section 3 hereof, file any necessary application(s) for necessary
resubdivision proceedings. In connection with and prior to approval of said resubdivision
proceedings, which shall include the re-platting and relocation of Ruppert Road to the location
along the north line of the Property as depicted on Exhibit A hereto, with final intersection
configuration and design to be determined, Buyer shall enter into a "Development Agreement"
with Seller, pursuant to which Buyer shall agree to: (i) reconstruct and relocate Ruppert Road as
generally depicted on Exhibit A hereto, at Buyer's cost, in compliance with City standards and
specifications; (ii) construct a left turn lane for north bound traffic on Ruppert Road turning west
on to Iowa Highway 1, at Buyer's cost, with final intersection configuration and design to be
determined, in compliance with City standards and specifications; and (iii) pay Seller the sum of
$100,000.00, as Buyer's total contribution towards the cost of all other off-site public
24531642.4 07-Feb-05 15:19 04339499 8
improvements necessary as a result of Buyer's proposed use and development of the Property;
and pursuant to which the Seller shall agree to cooperate reasonably with Buyer, upon written
request but at Buyer's cost, in having the flood plain boundary on the Property modified and
relocated through the letter of map amendment ("LOMA") process with the Federal Emergency
Management Agency ("FEMA"). If the above resubdivision proceedings are not obtained on or
before the Closing, or if the above-described Development Agreement is not agreed upon before
Closing, then in either event this Agreement shall, at Buyer's option, terminate and be of no
further force or effect, and the Deposit and any interest earned thereon shall be returned to
Buyer, or Buyer shall waive this contingency and proceed with the Closing.
H. Iowa City Council Annroval. This Agreement is also contingent upon formal
approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa.
Seller shall obtain said approval within sixty (60) days after the Effective Date of this
Agreement. If said approval is not obtained within said sixty (60) day period, this Agreement
shall terminate and be of no further force or effect, and the Deposit and any interest earned
thereon shall be returned to Buyer.
I. Use of Transitional Safety Zone. This Agreement is expressly conditioned
upon (i) Seller and Buyer entering into, at Closing, a mutually acceptable form of appurtenant,
perpetual easement agreement, lease or other recordable document evidencing the right of Buyer,
as the ortner of the Property, to use that portion of the "Transitional Safety Zone" (as depicted on
Exhibit A attached hereto) abutting the southeast boundary of the Property for access driveway
purposes (as to the thirty (30) foot wide portion thereof depicted on Exhibit A hereto), and for
the construction, maintenance and use of a "dry detention" storm water detention facility
thereon, and (ii) the approval of the terms and provisions of said use agreement by the FAA
and/or any other governmental entities or agencies having control over the use of the Transitional
Safety Zone. If said use agreement is not agreed upon and approved by Closing, then this
Agreement shall~ at Buyer's option, terminate and be of no further force or effect, and the
Deposit and any interest earned thereon shall be returned to Buyer, or Buyer shall waive this
contingency and proceed with Closing.
15. Notices. All notices and other communications required or permitted to be given
hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid,
or by a nationally recognized overnight carrier, addressed as follows:
24531642.4 07-F~b-05 15:19 04339499 9
_If to Seller: _If to Buyer:
The City of Iowa City, Iowa Price Properties
Artn: City Manager 2302 Summit Place
410 East Washington Street Birmingham, AL 35243
Iowa City, Iowa 52246 Attention: Jason Price
With a copy to:
Wal-Mart Real Estate Business Trust
2001 S.E. 10t~ Street
Bentonville, AR 72716-0550
Attention: Richard H. Martin, Corporate Counsel
with copy: Karyn Whorton, Real Estate Mgr.
Notice shall be deemed to have been given upon evidence of receipt or refusal.
16. Closing,. (a) The Closing shall take place at a place and time mutually agreed
upon by the parties, within ten (10) days following the date upon which all conditions and
contingencies set forth in Sections 3, 4, 14A, 14B, 14C, 14D, 14E, 14F, 14G, 14H and 14I
contained herein are satisfied. It is mutually agreed by the pasties that the closing date will be no
later than two hundred seventy (270) days after the date of this Agreemem, unless mutually
agreed to in writing by the Seller and Buyer.
(b) At the Closing, Seller and Buyer also shall execute and deliver for filing
pursuant to applicable provisions of Chapter 614 of the Iowa Code a "claim" to extend the term
of the Declaration described in Exhibit D to this Agreement for a period of twenty-one (21) years
from and after the date of Closing and the filing of such claim. The form of such claim shall be
prepared by counsel to Buyer and shall be subject to the review and approval of counsel to
Seller.
17. Closing, Costs. Not withstanding anything to the contrary contained herein, the
Closing costs shall be paid as follows:
By Seller:
(a) Expenses of placing title in proper condition;
(b) Preparation of General Warranty Deed;
(c) Revenue stamps or transfer tax;
(d) Recording fees; and
(e) Brokerage Fee.
By Buyer:
(a) Preparation of Mortgage, Deed of Trust or other applicable financing
instruments;
(b) The cost of Buyer's title insurance policy obtained pursuant to Paragraph
4 of this Agreement;
(c) The escrow fee, if any, payable to Escrow Agent; and
(d) Ail costs and fees related to any letter of credit used by Buyer for the
Deposit or any portion thereof.
24531642.4 07-Feb-05 15:19 04339499 10
18. Time of Essence~ Acceutance. Time is expressly declared to be of the essence of
this Agreement. Seller shall have ten (10) business days from the date of receipt of this
Agreement to accept and agree to the terms and conditions herein.
19. Entire Agreement. This Agreement contains the entire agreement between
Seller and Buyer, and there are no other terms, conditions, promises, undertakings, statements or
representations, expressed or implied, concerning the sale contemplated by this Agreement.
20. Headings. The headings to the Sections hereof l~ave been inserted for
convenience of reference only and shall in no way modify or restrict any provisions hereof or be
used to construe any such provisions.
21. Modifications. The terms of this Agreement may not be amended, waived or
terminated orally, but only by an instrument in writing signed by both Seller and Buyer.
22. Successors. This Agreement shall inure to the benefit of and bind the parties
hereto and their respective successors and assigns.
23. Non F0reien Affidavit. Seller agrees to execute, at the Closing, the Transferor
Form attached hereto as Exhibit C and made a part hereof, in compliance with Section 1445 of
the Internal Revenue Code. It is understood that if there are multiple Sellers, each Seller shall
execute a Transferor Form at the Closing.
24. Effective Date. The Effective Date of this Agreement shall be the last date on
which all parties hereto have executed this Agreement.
25. Additional Reoresentations by Seller. (a) Seller hereby represents to Buyer
that, to the best of Seller's knowledge and belief, the Property is not contaminated with, nor
threatened with contamination from outside sources by, any solid, gaseous or liquid chemical,
material or substance to which exposure is prohibited, limited or regulated by any federal, state,
county, local or regional authority or which is known to pose a hazard to health and safety
(collectively, "Hazardous Substances"), and that the Property has never been used for a landfill,
dump site, storage of Hazardous Substances, or by a manufacturer of any product or for any
other industrial use. This representation shall survive the Closing for a period of one (1) year. In
the event, but only in the event, it is determined (either before or after the Closing) that Seller has
breached the representation set forth in this Paragraph 25(a), then Seller agrees, at its sole cost
and expense, to perform such acts as may be necessary to cause the Property to be in compliance
with all federal, state and local environmental laws, rules and regulationsl In the event that
24531642.4 07-Feb-05 15:19 04339499
Seller fails to perform such acts, then Buyer may undertake such actions as may be necessary to
fulfill Seller's obligations hereunder and recover from Seller the expenses incurred by Buyer in
so fulfilling Seller's duties hereunder. Further, if Buyer determines that Hazardous Substances
are present in, on or under the Property, but Seller had no knowledge of such Hazardous
Substances, and thus Seller did not breach the representation set forth in this Paragraph 25(a),
then the Seller shall not be obligated (either before or at, er Closing) to pay any of the costs and
expenses of remediafing such Hazardous Substances, but in the event such HaTardous
Substances are discovered before Closing and Seller is unwilling to commit in writing to pay the
costs and expenses of such remediation, then Buyer shall have the right and option to terminate
this Agreement, in which event the Deposit and any interest earned thereon shall be returned to
Buyer and this Agreement shall be of no further force or effect.
(b) The following shall constitute an "Environmental Condition": the Property, or any
part thereof, is designated or defined as, or may be subject to designation or definition as,
wetland, woodland, wild life sanctuary, critical or other habitat for any threatened or endangered
species of plant or animal, a site or location of archeological or historical interest or of artifacts
or antiquities or another area protected by or subject to environmental regulation, under any
federal, state or local law, regulation or ordinance (including, but not limited to, those dealing
with historical or archeological sites, artifacts or antiquities, or which serve to protect or preserve
the characteristics or features of all things in or on property). Seller has not made and hereby
disclaims any representation or warranty, express or implied, as to the existence or non-existence
of any Environmental Condition on the Property. However, if Buyer determines before Closing
that an Environmental Condition exists on the Property, Buyer shall have the right and option to
terminate this Agreement, in which event the Deposit and any interest earned thereon shall be
returned to Buyer and this Agreement shall be of no further force or effect.
(c) Buyer shall deliver to Seller a copy of the final version of any environmental
assessment report prepared for Buyer by outside consultants; such report shall be provided to
Seller for informational purposes only, and shall not constitute an assignment or conveyance by
Buyer to Seller of any rights or interests in, or right to rely upon, such reports or their contacts
other than as specifically provided in this Agreement. Seller shall not disclose the results of such
environmental assessment repo~ to any thkd party, other than Seller's engineering consultants,
unless required by law (including statutory requirements related to Seller's sale of other parcels
24531642.4 07-Fda-05 15:19 I)4339499 12
in the North Airport Development or North Airport Development Part Two subdivisions) or
court order, or consented to in writing by Buyer. This Section 25(c) shall survive the Closing.
26. Succession and Assignment. This Agreement shall inure to the benefit of and
bind the parties hereto and their respective successors and assigns. Buyer's rights hereunder may
be assigned without restriction to Wal-Mart Real Estate Business Trust or any other affiliate of
Wal-Mart Stores, Inc., provided that notice of each assignment shall be given in writing to Seller.
27. Amenrlm~n* to Declaration of Restrictions and Covenants. Buyer and Seller
agree to record at Closing a form of First Amendment to Declaration of Restrictions and
Covenants (the "Declaration") substantially in the form attached hereto as Exhibit D. modifying
certain existing restrictions encumbering the subdivision in which the Property is situated.
28. Tax Free Exchange. Seller acknowledges that Buyer may elect to effect the
purchase of the Property as an exchange pursuant to Section 1031 of the Internal Revenue Code,
provided Buyer utilizes the services of a "qualified intermediary" as defined in Treasury
Regulation § 1.103 l(k)-(g)(4)(iii) ("Intermediary") to effectuate such Section 1031 exchange and
will cooperate in the accomplishment of that purpose provided only that (i) Seller shall not be
required to be vested in title to any property other than the Property, (ii) Seller shall incur no
liability or expense beyond those inherent in an acquisition of the Property for a cash payment
nor be delayed in the Closing, (iii) Buyer shall have given Seller notice of its intentions to close
this transaction as an exchange not less than 48 hours prior to the Closing; such notice shall be
given by either certified mail, postage prepaid, return receipt requested, facsimile or overnight
delivery by a nationally recognized service. Buyer may assign this Agreement to an
Intermediary without Seller's consent for purposes of effectuating a 1031 exchange.
Notwithstanding an assignment to or substitution of the Intermediary to act in place of Buyer,
Buyer agrees to unconditionally guarantee the full and timely performance by the Intermediary
of the representations, warranties, obligations and undertakings of the Intermediary regarding a
Section 1031 exchange, and in the event of breach, Seller may proceed directly against Buyer
without the need to join the Intermediary. Seller agrees to execute such documents as are
reasonably necessary or appropriate and to otherwise cooperate with Buyer to effectuate a
Section 1031 exchange, and Buyer hereby holds Seller free and harmless of any tax liability to
Buyer of such Section 1031 exchange except insofar as such liability'is attributable to the failure
of Seller to perform as required hereunder.
24531642.4 07-F~b-05 15:19 04339499 13
IN WITNESS WHEREOF, the parties have executed this Agreement in quadruplicate as
of the day and year first above written.
WITNESS OR ATTEST: Tl:lE CITY OF IOWA CITY, IOWA
Name:
Its: City Manager
Date: February ?, 2005
WITNESS OR ATTEST: PRICE PROPERTIES
~/{ ~;z~ ~.~__~_ _ Name: Jaso~l~
~ Its: Sol&P~prietor
Date: February $', 2005
24531642.4 07-F~.05 15:19 04339499 14
~do.M ~q; jo uo!;:~!d~o/uo!~d!.t~s~(I
V ~IfllHX3
EXHIBIT B
Real Property Tax Guidelines
The following items are to be completed by the Closing Agent shortly after the closing date for
the property located at:
(Address)
1. File the deed with the County Clerk and the Tax Assessor.
2. Notify the tax assessor of the change of ownership of the property and file a plat, if the
jurisdiction requires, or file a certified survey with the assessor that outlines and describes
Buyer's parcel. The Real Estate Manager will provide you with a plat if the jurisdiction
requires a plat for taxing purposes. Additionally, indicate the tax identification number,
if available, for Buyer's parcel. If the tax identification number is not available at this
time, then specify a future date when it will be available.
Tax ID #: Future date:
3. Notify the tax assessor that the tax statements are to be sent to:
Note: Make sure that our deed reflects this same address and accounting format.
4. Is this property located within the city limits? Yes: ; No: __
If no, will this property be annexed into the city limits prior to the opening for business of the
building to be constructed on the property? Yes: ; No: __
5. Obtain details of any special assessments that may encumber the property and record
below including assessment start and assessment end dates, yearly assessments, and total
special assessments due.
6. Please provide the following information on the taxing authorities which may tax Buyer's
parcel.
COUNTY:. CITY: SCHOOL DISTRICT: OTHER:
Name:
Address:
24531642.4 07-Feb-OS 15:19 04339499 Exh B - 1
Phone #:
Tax Yr.
Begins:
Tax Yr.
Ends:
Tax Billing
Date(s):
Tax
Delinauencv
Date:
7. Execute this document and return it to the Real Estate Manager upon completion of items
#1-6.
Thank you for your cooperation in this matter. By signing below, you are indicating that you
have accurately and completely fulfilled the above requests.
Date:
By:
(Closing Agent)
Address:
Phone #:
24531642.4 07-,Feb-05 15:19 04339499 Exh B - 2
EXHI~IT C
ENTITY TRANSFEROR
Section 1445 of the Internal Revenue Code provides that a transferee of a US real property
interest must withhold tax if the transferor is a foreign person. To inform the transferee that
withholding of tax is not required upon the disposition of a US real property interest by
~ the undersigned hereby certifies the following on
behalf of:
1. is not a foreign corporation,
foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal
Revenue Code and Income Tax Regulations);
2. 's US employer identification number
is ; and
3. 's office address is
understands that this certification may be disclosed to
the Internal Revenue Service by the transferee and that any false statement contained herein
could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my
knowledge and belief it is true, correct, and complete, and I further declare that I have authority
to sign this document on behalf of
Date:
By:
Its:
24531642.4 07-Feb-05 15:19 04339499 ExB C - I
EX~flRIT D
IOWA - Iowa City
Store #1721
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIONS AND COVENANTS
THE STATE OF IOWA §
COUNTY OF JOHNSON §
This FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND
COVENANTS (this "Amendment") is made. and entered into effective as of
,200j by and between THE, CITY OF IOWA CITY, IOWA, a municipal
corporation (the "City"), and WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware
statutory trust ("Wal-Mart").
Recitals:
A. The City has heretofore executed and caused to be recorded in Book ,
Page in the Office of the County Recorder of Johnson County, Iowa, that certain "North
Airport Development Subdivision and North Airport Development Subdivision Part Two, a
Resubdivision of Lots 1-4 of North Airport Development Subdivision, Declaration of
Restrictions and Covenants" (the "Declaration"), covering approximately acres of
land located in Johnson County, Iowa (in the Declaration and herein referred to as the
"Subdivision"), as such Subdivision is described on Exhibit A attached hereto and made a part
hereof for all purposes; said Declaration being incorporated herein by this reference for all
purposes. Any capitalized terms used but not defined in this Amendment shall have the
respective meanings provided for such defined terms in the Declaration.
B. By deed of even effective date with this Amendment, the City has conveyed to
Wal-Mart that portion of the Subdivision described i'n Exhibit B attached hereto and made a part
hereof for ail purposes (the "Wal-Mart Property").
C. Pursuant to Section 16 of the Declaration, the Declaration may be amended by a
written instrument executed by the City, as Developer, and the Lot Owners of not less than two-
thirds (66.67%) of the Lots in the Subdivision.
D. The City and Wal-Mart together are the Lot Owners of the entirety of the
Subdivision, and have agreed to amend the Declaration as herein provided.
Agreements:
NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency
of which are hereby acknowledged, the City and Wal-Mart hereby agree that the Declaration is
amended as follows:
1. Section 1.A. of the Declaration is amended by adding the following additional
provision to the end of the first grammatical paragraph thereof:
"The preceding provisions of this Section 1.A. shall not prohibit or restrict the
operation on the Wal-Mart Property of any of the customary uses included in or
associated with the customary operation of a Wal-Mart SuperCenter store, including
(without limitation) a garden center, a tire and lubrication facility, a fuel station facility,
and/or a photo-processing facility; and none of the customary types or levels of odors,
fumes, noises or activities associated with or generated by such operations or uses shall
constitute a nuisance or otherwise be a violation of the provisions of this Section 1.A. or
any other provisions of this Declaration."
2. Sections 1.B. 1. and lB. 2. of the Declaration are amended by adding the
following provision to the end of each of such Subsections:
24535614.3 01-Feb-05 09:24 04339499 D-1
"The preceding provisions shall not prohibit or restrict the operation of a gas
station or other vehicle motor fuel station facility on the Wal-Mart Property (including,
without limitation, the installation and/or operation of fuel storage tanks thereon or
thereunder in accordance with applicable requirements of law) for the dispensing and sale
to the public of motor fuels and other petroleum products or byproducts, nor the
operation thereon of a photo-processing facility."
3. The following provisions are hereby added as Section I.D. of the Declaration:
"D. The City covenants and agrees that no portion of the "Restricted Use Area"
(as hereinbelow defined) shall be used for: (i) any purpose other than
commercial/industrial purposes of the type permitted by zoning ordinances applicable to
the Subdivision; or (ii) the operation of a cafeteria, theater, bowling alley, billiard parlor,
night club, other place of recreation or amusement, or business selling or serving
alcoholic beverages for on-premises consumption (other than restaurants selling alcoholic
beverages for on-premises consumption incidental to the retail serving of food, so long as
the annual sales from alcoholic beverages of any such restaurant do not exceed 50% of
the total annual sales of such restaurant, and so long as parking is provided for such
restaurant uses at the ratio of not less than ten (10) parking spaces per thousand gross
square feet of restaurant space for restaurants of five thousand (5,000) square feet or less,
and fifteen (15) parking spaces per thousand gross square feet of restaurant space for
restaurants of more than five thousand (5,000) square feet); or (iii) the operation of a
school; or (iv) the operation of any adult-type bookstore, massage parlor, movie theater
or other establishment selling, renting, displaying or exhibiting pornographic or sexually
explicit material or live nudity. Additionally, no building situated within the Restricted
Use Area shall exceed a height of forty-two (42) feet above finished grade, inclusive of
parapets, architectural embellishment and roof-top equipment. As used herein, the
"Restricted Use Area" shall mean and refer to that portion (and only that portion) of the
Subdivision that is situated east of the eastern boundary line of the Wal-Mart Property
and west of the existing east boundary line (as of the date of this Amendment) of Lot 10
of the Subdivision and the extension of said existing east boundary line of Lot 10
southward across Ruppert Road and Lot 2 of the Subdivision, said Restricted Use Area
being depicted and labeled on the Site Plan attached as Exhibit C to this Amendment and
made a part hereof for all purposes.
4. The following provisions are hereby added as Section 1.E. of the Declaration:
"E. The City covenants and agrees that as long as Wal-Mart, or any affiliate of
Wal-Mart, is the owner or user of the Wal-Mart Property, no space in or portion of the
remainder of the Subdivision, and no space in or portion of any other real property
adjacent to the Subdivision which may subsequently be acquired by the City, shall be
leased or occupied by or conveyed to any other party for use as (i) a grocery store or
supermarket, as hereinafter defined below, (ii) a wholesale club operation similar to that
of a Sam's Club owned and operated by Wal-Mart, (iii) a discount department store or
other discount store, as hereinafter defined, (iv) a pharmacy, (v) a variety, general or
"dollar" store containing more than 8,000 square feet of gross leasable area, (vi) a gas
station, vehicle fueling station or oil change/quick lube facility, or (vii) any combination
of the foregoing uses. In the event ora breach of this covenant, Wal-Mart shall have the
right, to terminate this Declaration and to seek any and all remedies afforded by either
law or equity, including, without limitation, the right to injunctive relief, without any
requirement of proving immediate or irreparable harm and/or the lack of an adequate or
available remedy of law for damages or other relief. "Grocery store" and "supermarket",
as those terms are used herein, shall mean a food store or a food department containing
more than 10,000 square feet of gross leasable area for the purpose of selling food for
consumption off the premises, which shall include but not be limited to the sale of dry,
refrigerated or frozen groceries, meat, seafood, poultry, produce, delicatessen or bakery
products, refrigerated or frozen dairy products, or any grocery products normally sold in
such stores or departments. A "discount department store" and/or discount store", as
those terms are used herein, shall mean a discount department store or discount store
containing more than 35,000 square feet of gross leasable area for the purpose of selling a
full line of hard goods and soft goods (e.g. clothing, cards, gifts, electronics, garden
supplies, furniture, pharmacy, lawnmowers, toys, health and beauty aids, hardware items,
24535614.3 01-F~b-05 09:24 04339499 D-2
bath accessories and auto accessories) at a discount in a retail operation similar to that of
Wal-Mart."
5. The City and Wal-Mart agree that the provisions of Section 4. of the Declaration
hereafter shall not apply to the Wal-Mart Property or any portion thereof. It is expressly agreed
that nothing contained in the Declaration or this Amendment shall be construed to contain or be a
covenant by Wal-Mart, either express or implied, to either commence the operation of a business
or thereafter continuously to operate a business on the Wal-Mart Propen~y; and the City hereby
waives any legal action for damages or equitable relief which might be available to the City
because of cessation of business activities by Wal-Mart.
6. Section 9. of the Declaration is amended by adding the following provisions to the
end of the last grammatical paragraph thereo~.
"Notwithstanding the preceding provisions of this Section 9., and subject to all
applicable legal requirements, Wal-Mart shall have the right to (i) display merchandise
on the sidewalk in front of the store building constructed on the Wal-Mart Property,
(ii) operate a garden center facility with outdoor storage, (iii) operate a gas station or
motor fuel facility with outdoor display and storage, (iv) temporarily store trailers or
storage containers from time to time on the Wal-Mart Property, in a screened storage
area, and (v) periodically use a portion of the parking areas on the Wal-Mart Property as
a seasonal display or sales area, such as (but not limited to) a Christmas tree sales area."
7. Section 10. of the Declaration is amended as follows:
(a) The self-help curative rights provided to the City in Section 10. also shall extend
to and be exercisable by the Owner of any lot or tract within the Subdivision that contains at least
fifteen (15) contiguous acres of land;
(b) The ten (10) day curative period provided in Section 10. shall be subject to
extension for a reasonable period of time, so long as the defaulting party commences to cure
such default within the stated ten (10) day curative period and thereafter diligently pursues such
cure to completion;
(c) Any notice of default provided pursuant to the provisions of said Section 10. must
specify the nature of the alleged default and describe the specific curative action to be taken;
(d) Any billing for costs incurred in exercising the self-help remedy provided in said
Section 10. must be for reasonable costs and must be accompanied by supporting documentation
for the costs incurred; and
(e) With respect to the Wal-Mart Property, the last sentence of said Section 10.
(which provides a lien to secure collection of costs incurred in the exercise of self-help curative
rights) shall be without further force or effect.
8. Section 13. of the Declaration is hereby amended to provide that the rights,
powers, privileges, authorities or resercations given or reserved to the City, as the Developer,
pursuant to the Declaration as therein described, are personal to the City, and such rights,
powers, privileges, authorities or reservations of the City shall not be assignable or transferable
to any subsequent Owner, Owner's organization, or other third party (and any purported or
asserted assignment or transfer of such rights, powers, privileges, authorities or reservations shall
be void and of no force or effect).
9. Section 14. of the Declaration is hereby amended to provide that the enforcement
rights provided to the City, as Developer, in Subsections 14.A. and 14.B. thereof, also shall be
provided to and enforceable by the Owner of any lot or tract within the Subdivision that contains
at least fifteen (15) contiguous acres of land.
10. With respect to Section 20. of the Declaration, the City and Wal-Mart hereby
acknowledge and agree that the Owner of any lot or tract in the Subdivision shall be a "claimant"
entitled to file from time to time the necessary claim to extend the term of the Declaration as
provided for in said Section 20 and applicable provisions of Chapter 614 of the Iowa Code (or
any successor statute).
24535614.3 01-Feb-0$ 09:24 04339499 D-3
11. Except as hereby amended, all terms and provisions of the Declaration are hereby
ratified and confirmed by the City and Wal-Mart and shall continue in full force and effect. In
the event and to the extent of any conflict between the provisions of the Declaration and the
provisions of this Amendment, the provisions of this Amendment shall supersede and control.
12. This Amendment shall be governed by and construed in accordance with the laws
of the State &Iowa; and shall be for the sole and exclusive benefit of, and shall be enforceable
by, any one or more of the Lot Owners and their respective successors and assigns as provided
for in the Declaration.
Executed effective as of the date first written above.
ATTEST: TIlE CITY (DEVELOPER):
THE CITY OF IOWA CITY, IOWA,
a municipal corporation
CITY CLERK
By:
Name:
Title:
Approved By:
City Attorney's Office
ATTEST: WAL-MART:
WAL-MART REAL ESTATE BUSINESS
TRUST, a DelaWare statutory trust
By:
Name:
Title:
List of Exhibits:
Exhibit A-Description of the Subdivision
Exhibit B - Description of the Wal-Mart Property
Exhibit C - Site Plan Depicting Restricted Use Area
24535614.3 01-Feb-05 09:24 04339499 D4
STATE OF IOWA §
§
COUNTY OF JOHNSON §
On this __ day of , A.D. 200.~ before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared and
, to me personally known, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of IOWA CITY, IOWA, the said municipal
corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said Mayor and City Clerk as such
officers acknowledged the execution of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF ARKANSAS §
§ SS~
COUNTY OF BENTON §
On this __ day of ~ A.D. 200_~ before me, the undersigned, a
notary public in and for the State of Arkansas, personally appeared Michael E. Gardner, to me
personally known, who being by me duly sworn, did say that he is an Assistant Vice President of
WAL-MART REAL ESTATE BUSINESS TRUST, the Delaware statutory trust executing the
within and foregoing instrument; that said instrument was signed on behalf of said statutory trust;
that said instrument was signed on behalf of said statutory trust by authority of its Board of
Directors; and that the said Michael E. Gardner as such officer acknowledged the execution of
said instrument to be the voluntary act and deed of said statutory trust, by it and by him
voluntarily executed.
Notary Public in and for the State of Arkansas
My commission expires:
24535614.3 01-Feb-05 09:24 04339499 D-5
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 356-5030
RESOLUTION NO.
RESOLUTION OF INTENT TO APPROVE A PURCH~ AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND PRICE )PERTIES FOR
APPROXIMATELY 21.76 ACRES OF PROPERTY LYI WITHIN LOTS 10
THROUGH 17 O5 NORTH AIRPORT DEVELOPME SUBDIVISION AND
LOTS 2, THROI.~H 4 OF THE NORTH ~ R ~T DEVELOPMENT
SUBDIVISION - PAINT TWO, AND TO DISPOS! ( SAID PROPERTY IN
ACCORDANCE THEREWITH, AND SETTING PUBLIC HEARING FOR
MARCH 1, 2005 ~.
De~lopment Subdivisic North Airport Development Part Two
WHEREAS,
The
North
Airport
Subdivision include commercial lots'~wh~,~h have been mar sale to the general public; and
WHEREAS, City has negotiated a Price Properties, a land acquisition agent for
Wal-Mart, a copy of which agreement is requires City Council approval.
NOW, THEREFORE, BE IT 'HE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby its intent to approve the attached purchase
agreement between the City of and Price Properties for the above-referenced
property, and to dispose of saic accordance with that agreement.
2. A public hearing on said proi should be and is hereby set for March 1,
2005 at 7:00 p.m. in Emma Harvat Hall ~e Civic Center, 410 E. Washington Street,
Iowa City, IA or if said m is cancelled at the next meeting of the City Council
thereafter as posted by th~ Clerk. The City is hereby directed to cause notice of
public hearing to be publi as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK City Attorney's
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 05-71
RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING
TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY
UTILITIES," ARTICLE G, "STORMWATER COLLECTION DISCHARGE AND
RUNOFF," TO CREATE AN ILLICIT DISCHARGE AND CONNECTION
STORMWATER ORDINANCE.
WHEREAS, federal law and the City's NPDES permit require a storm water pollution prevention
and management program that encompasses illicit discharge detection and elimination through
an Illicit Discharge Prohibition Ordinance; and
WHEREAS, the Illicit Discharge Prohibition Ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system (MS4); and
WHEREAS, the City Code requires that notice and public hearing on proposed ordinances be
provided to the public, prior to enactment of said regulation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That a public hearing is to be held on the 1st day of March, 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 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 ordinance is hereby ordered placed on file by the City Engineer in
the office of the City Clerk for public inspection.
Passed and approved this 15th day of February ,2005.
Mayor Pro tem
Approved by: ATTEST: -~]/~,,'~) 7~- :~x~ -)
City Attc~rne~s Office
Resolution No. 05-71
Page 2
It was moved by Champi on and seconded by Bai 1 ev 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
City of Iowa City
MEMORANDUM
TO: Rick Fosse
FROM: Brian Boelk ~
DATE: February 9, 2005
RE: Illicit Discharge and Connection Stormwater Ordinance
Our National Pollutant Discharge Elimination System (NPDES) permit for stormwater
discharge contains a number of requirements with related deadlines. The first deadline
seeking council approval relates to the adoption of an illicit discharge ordinance. The
ordinance is based on the model developed by the Environmenal Protection Agency
(EPA), and is intended to reduce discharge of pollutants into the city's storm sewer
system to the maximum extent practicable as required by federal and state law. The
primary cost of the program will be associated with inspection and monitoring of
discharges. The aggressiveness of these efforts will determine cost of the program.
Highlights of the ordinance include:
· Regulation of pollutants to the storm sewer system by stormwater discharges by
any user.
· Prohibition of illicit connections and discharges to the storm sewer system.
Establishing legal authority to inspect and monitor as necessary to ensure
compliance with this ordinance.
· In order to obtain approval for the stormwater ordinance before the
implementation date set in our NPDES permit, the following council schedule will
need to be approved and met:
~ February 15th - Set Public Hearing
~. March 1st- Hold Public Hearing & 1st Reading
> March 22nd - 2nd and 3rd Reading
This ordinance and program will necessitate various staff time and dollars in order to
implement. To date, all costs associated with the Phase II permit are funded by the
stormwater utility revenues, which were established in June 2004. Currently the
stormwater utility is collecting approximately $48,000 each month, and should continue
to grow slowly as more development enters Iowa City.
With regard to the stormwater program as a whole, an update is outlined below:
· The City of Iowa City Public Works Department has completed the permit process
and received a National Pollutant Discharge Elimination System (NPDES) permit for
the discharge of stormwater.
Iowa NPDES Permit #: 5225005
Date of issuance: June 1, 2004
Date of expiration: May 31, 2009
Date of renewal: December 2, 2008
February 9,2005
Page 2
EPA Number: IA0078298
· The permit requires implementation of six (6) measures of Best Management
Practices.
1. Public Education and Outreach - Currently in process and involves mailing
educational brochures, creating a stormwater website, and labeling storm drains.
An initial information brochure sent to all utility users was attached to the first
utility bill containing the stormwater utility charge. Another is planned to be
dispersed within the next couple of months. In addition, various informational
materials will be provided in City Hall and dispersed around the community. A
temporary stormwater webpage is currently available through the city website,
with a more elaborate site scheduled to be ready in March. Storm drain markers
have been going slow due to the weather and time commitment, but volunteers
are being lined up as we plan to hit this hard in the spring.
2. Public Involvement and Participation - Currently in process and includes the
existing adopt-an-intake program, creek maintenance program, and telephone
hotline number. Also involves community cleanup events to be scheduled in the
near future. The adopt-an-intake program and creek maintenance program
continue to be popular among Iowa City residents as applications for both
continue to be received. The first community stormwater cleanup event will be
held this year in Iowa City, as plans begin for what is to be a biannual event.
3. Illicit Discharge Detection & Elimination - Addressed by the ordinance
presented in this memo, and includes an illicit discharge detection and elimination
program. This program involves annual dry weather flow inspections of outfalls,
and will require a substantial amount of time and possibly money. Currently active
and included in this measure is the storm sewer system map and household
hazardous waste collection program, both of which are on schedule and
proceeding successfully. Approximately 60% of the Iowa City storm sewer system
is mapped at this time, with a majority of the remaining area being the central and
downtown portion of the city.
4. Construction Sites - Involves a construction site runoff control ordinance, as well
as a construction site review and inspection program. Both of these are
scheduled for implementation in 2006, will involve a substantial amount of staff
time, and have significant effects on the development and construction
community.
5. Post Construction for New Development - Scheduled for 2007 implementation,
this measure includes a construction site runoff control policy ordinance,
watershed assessment program, site plan review of post-construction runoff
controls, and inspection program for runoff control devices. Again, additional staff
time and money will be needed to meet these goals, and the development
community will be affected by the changes.
6. Pollution Prevention - includes several internal city services, operations, and
programs, with implementation dates range from April 2005 to April 2007. The
biggest of these programs being an inspection and maintenance program for all
components of the municipal separate storm sewer system, which includes all
storm sewer intakes. Other requirements consist of a pesticide and fertilizer
management program, a training program for municipal employees, and an
assessment of best management practices (BMPs) for all city facilities.
February 9, 2005
Page 3
On April 30, 2005, the first annual report is required to be submitted to the Iowa Department
of Natural Resources. This report will include the status of compliance, summary of data, an
estimate of expenditures, and any related material such as maps, ordinances, inspection
reports, etc. As the stormwater management program continues to grow and satisfy all
permit requirements, the responsibilities and costs will increase. Stormwater quality
continues to be a major issue around the state and country, and regulations continue to
tighten. 2005 will bring about the implementation of many of our permit requirements, and
as a result the public perception of stormwater quality will hopefully begin to change.
Cc: Ron Knoche
Mitch Behr
Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-72
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST
CO., AND TENANT ICBB LTD. d/b/a IOWA CITY BROWN BOTTLE,
FOR A SIDEWALK CAF~
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Iowa State Bank & Trust Co., as landlord, and ICBB Ltd., d/b/a Iowa City
Brown Bottle, as tenant, applied for a renewal of a temporary use of the public right-of-
way at 115 E. Washington Street, Iowa City, Iowa for a sidewalk caf6 and anchored
fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLrNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
license agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this l§thday of February , 2005.
ATTEST: ~/~z,~) ;~. ~ MAYOR Pro tem
AflS~oved by.~_..
City Attorney's Office
Brown Bottle Sidewalk Caf~ 2005 Res
Resolution No. 05-72
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by Andy Matthews, Asst. City AUomey, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-73
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS,
AND TENANT TAKANAMI, LLC d/b/a TAKANAMI, FOR A SIDEWALK
CAF~ AT 219 IOWA AVE.
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, landlord University View Partners, and tenant Takanami, LLC d/b/a
Takanami, applied for a renewal of a temporary use of the public right-of-way at 219
Iowa Ave., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLrNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
license agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 15th day of Februarb,2005~z~_~.
MAYOR Pro tern
City Attorney's Office
Starbucks Sidewalk Caf~ 2005 Res
Resolution No. 05-73
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-74
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER EVELYN M. OAKES, AND KLDP
INC., d/b/a ONE TWENTY SIX, FOR A SIDEWALK CAFe;
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Landowner Evelyn M. Oakes and Tenant KLDP Inc., d/b/a One Twenty
Six, applied for a renewal of a temporary use of the public right-of-way at 126 E.
Washington St, Iowa City, Iowa for a sidewalk caf6, and anchored fencing and raised
platform thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
license agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 1 §th day of February, ~_a,~L. ~.~ ~0
MAYOR Pro tem
CITY CLERK 7~.l .~{~ c~$),-0j-
City Attorney's Office
126 Sidewalk Caf~ 2005 Res
Resolution No. 05-74
Page z
It was moved by Champi on and seconded by Bai 1 e,v the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
× Lehman
X O'Donnell
× Vanderhoef
X Wilburn
Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-75
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT
STARBUCKS CORPORATION d/b/a STARBUCKS COFFEE CO., FOR A
SIDEWALK CAFI~
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, landlord Marc Moen, and tenant Starbucks Corporation d/b/a Starbucks
Coffee Co., applied for a renewal of a temporary use of the public right-of-way at 228 S.
Clinton St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
license agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 15th day of February ,2005.
MA~YOR Pro tern
~rit~ Attorney s Office
Starbucks Sidewalk Caf~ 2005 Res
Resolution No. 05-75
Page 2
It was moved by Champion 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
Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-76
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, MOKA JAVA, L.L.C., AND MIKE AND MARTY
ENTERPRISES, INC., D/B/A QUINTON'S BAR AND DELI, FOR A
SIDEWALK CAFI~
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Landowner Moka Java L.L.C. and Tenant Mike and Marty Enterprises, Inc.
d/b/a/Quinton's Bar and Deli, applied for a renewal of a temporary use of the public
right-of-way at 215 E. Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored
and temporary fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
license agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 15th day of February , 20/0~(/~----
MAYOR Pr~ tern
ATTEST: )'~/,~..~_.,~9 ,t~. ~ Acl~foped by.3/'-~
City Attorney's Office
Quinton's Sidewalk Caf6 2005 Res
Resolution No. 05-76
Page 2
It was moved by (;hampi on and seconded by Bai 1 e.y the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 05-77
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND WASHINGTON MUTUAL BANK, FA, VERNON
HILLS, ILLINOIS FOR PROPERTY LOCATED 1909 DELWOOD DRIVE, IOWA
CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and a Promissory
Note in the total amount of $34,745, executed by the owner of the property on October 16,
2000, and recorded on October 20, 2000, in Book 3012, Page 624 through Page 635 in the
Johnson County Recorder's Office covering the following described real estate:
Lot 204, Mount Prospect Addition, Part IV, an Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson
County, Iowa.
WHEREAS, Washington Mutual Bank, FA is financing the mortgage for $89,060 to the owner
and to secure the loan by a mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of
Washington Mutual Bank, FA secured by the proposed mortgage in order to induce Washington
Mutual Bank, FA to make such a loan; and
WHEREAS, Washington Mutual Bank, FA has requested that the City execute the attached
subordination agreement thereby making the City's liens subordinate to the lien of said
mortgage with Washington Mutual Bank, FA; and
WHEREAS, there is sufficient value in the above-described real estate to secure said liens as a
second and third, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and Washington Mutual Bank, FA,
Vernon Hills, Illinois.
Passed and approved this 15th day of Februa~'.y ,2005
by
ATTEST: '~.~..~...D :~'. ~ Appr~j~_~ o~-t'oW
CITY'CLERK City Attorney's Office
ppdrehab/res/1909delwoood.doc
Resolution No. 05-77
Page 2
It was moved by Champion and seconded by 13a'iley the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Washinqton Mutual Bank, FA of Vernon Hills, Illinois, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mort(la~les which at this time are in the
amount of $34,745, and where executed by Pamela J. Thodos (herein the Owner), dated
October 16, 2000, recorded October 20, 2000, in Book 3012, Page 624 through Page 630, and
dated October 16, 2000, recorded October 20, 2000, in Book 3012, Page 631 through Page 635,
Johnson County Recorder's Office, covering the following described real property:
Lot 204, Mount Prospect Addition, Part IV, an Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson
County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $89,060on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortqac~es held by the City be subordinated to the lien of the mortgage proposed to be made by
the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mort_qa_qes held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgages of the City.
01/24/05 02:27 FAX 9494423547 AQUA ESCROW ..__~_0~ _ _.
4, Binding Effect. Thla agreement sha[I be binding upon and Inure to the benefit of the
respective heirs, legal repmsenta~es~ successors, and assigns of the parties hereto,
CITY OF iOWA CITY FINANCIAL INSTITUTION
Mayor Pro re.,
Attest:
City Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS;
JOHNSON COUNTY )
On this ] ~ day of ~'~/~cUl,~ , ,20 0.5, before me, the undersigned, a Notary
Public in and for the State of Ira/va, peYsonally appeared "~ ~s~; ~J; t ~r~ and
Maria.q ~K,~.K~arr, to ma personally known, and, who, being by me duly sworn, did say that they are the
Mayol~"~n~'~ity Clerk, respectively, of ~e City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of '~ City Council, as contained in
(Resolution) No., o 5 ~ 7 ? passed (the Reselut[on adopted) b~. the City Council, under Roil Call
No. - of the City Council on the /_._LL day of ~-~_~u.~? ,20..o5 .,.a.nd
that i~'o~ ~l~r-n' and Marian K. Kan' acknowiedg~l the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
O~'~? ,~. "] SONDRAE FORT
~%~it ~/Commission Number 1597911 Notary Public in and for the State of Iowa
'J~[ '| My Commission Expires I
01/24/05 02:27 FAX 9494423547 AQUA ESCROW ~004
SUBORDINATION AGREEMENT PAGE 3
STATE OF-leWA-~I~{~'~ )
} SS:
On this ~-~q,. day of ~..'~Y~tJt/Irgl ~'~' , 20~ before me, the
undemign~d, a No~W Public in and~ f~r the ~ of iowa, ~monat~ appeared
~L~ ~ to me pemonally ~o~, ~o being ~ me duly s~rn, did say that
'' of , ~at seld ins~ment
he/~he is the
was signed on behaE ~ said ~ora~on ~ a~hofi~ ~ its ~a~ ~ Dim~om; and th~ said
ackn~ledg~ ~e e~on of ~[d in~ent to be the vdun~
a~ and deed ~ said co~mfion~ ~Y t and ~ hi.er volun~dly a~cmed.
' ~ ~; ~' ' No~ Public in and for~e ~ ~ Iowa
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 05-78
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY
LOCATED 410 IOWA AVENUE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note and a Mortgage in the
total amount of $12,483.65, executed by the owner of the property on September 7, 1994, and recorded
on September 9, 1994, in Book 1809, Page 249 through Page 250 and in Book 1809, Page 251 through
Page 254 in the Johnson County Recorder's Office covering the following described real estate:
Lot 6, Block 45, Iowa City, according to the recorded plat thereof
WHEREAS, Iowa City Bank and Trust has refinanced a mortgage in the amount of $150,000 to the owner
of 410 Iowa Avenue and to secure the loan by a mortgage covering the real estate described above; and
WHEREAS, Iowa State Bank and Trust has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank
and Trust; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second
lien, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between
the City of Iowa City and Iowa State Bank and Trust, Iowa City, Iowa.
Passed and approved this ~.5th day of Februam-w , ,20 5_.Q,~__.
MAY'OR Pro tem v
(~I~LERK - City Attorney's Office
It was moved by (;hampton and seconded by Bailey the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X __ Bailey
X __ Champion
X __ Elliott
× Lehman
X O'Donnell
× __ Vanderhoef
X Wilburn
ppdrehab/res/410iowave.doc
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa
State Bank and Trust, Co of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Promissory Note and Mortqa_qe which
at this time are in the amount of $12,483.65, and where executed by United Action For Youth
(UAY) (herein the Owner), dated September 7, 1994, recorded September 9, 1994, in Book
1809, Page 249 through Page 250, and dated September 7, 1994, recorded September 9, 1994,
in Book 1809, Page 251 through Page 254, Johnson County Recorder's Office, covering the
following described real property:
Lot 6, Block 45, Iowa City, according to the recorded plat thereof,
WHEREAS, the Financial Institution proposes to loan the sum of $150,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Promissory Note and Mortga.qe held by the City be subordinated to the lien of the mortgage
proposed to be made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Promissory Note and Mortqacle held by the City is and shall continue to
be subject and subordinate to the lien of the mortgage about to be made by the Financial
Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Promissory Note and Mort(~a_~e of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this ~ day of F~-~?~.~/~,,r ,20 0~' .
CITY OF IOWA CITY FINANCIAL INSTITUTION
Mayor Pro fern
Attest:
City'Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~ day of F~..~4,~£~ ,20 ~)~, before me, the undersigned, a Notary
Public in and for the State of Iowa, p~rsonally appeared '~c~s~ ~V,J;~,~-~ and
Mariar~K. I~arr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor~ty Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in
(Resolution) No. O ~ '-' '7 ~ passed (the Resolution adopted) ~ the City Council, under Roll Call
No. ~ .... - of the City Council on the /.~ day of ~,~,4~'~, ,20 ~,~ , and
that I~_~;~ [~0ifj~u.~-r~ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT Notary Public in and for the State of Iowa
Commission Number 159791
My Commission Expires
SUBORDINATION AGREEMENT PAGE 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~F~ day of ~'(-~-U~C'k.Y'I~¢ , 20 ~.__.~ , before me,
the
undersigned, a Notary Public in and foe the State of Iowa, personally appeared
~.'v ~'-L\ L~. ~o,~-~'~ , to me personally known, who being by me duly sworn, did say that
he/she i~ the \~( -¢~ ~%(c.~ t~ of .~g~'x~ox.~.~,r'x-~'.~-¢~ ¥' ~ , that said instrument
was, signed on behalf of said corporation by authority of its Board of Directors; and that said
~ ~L ~ ~)~-4%((,l,~ ~'~:~- acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by him/her voluntarily executed.
· . ~ ~. ?~-O~
[~ I 'y Comm. IE,p. ~b~ r ~ Notary Public in arm for the Stat~ of Iowa~
Christian Retirement, Oaknoll,444549-5
Amending Resolution Servicing Agt IC
4853-0964-9408\1 2/4/2005
Iowa City, Iowa
February 15, 2005
The City Council of Iowa City, Iowa, met in regular session on February 15, 2005, at
7:00. p~_m_., at the City Hall in Iowa City, Iowa. The meeting was called to order by the
~ru em . vro em .
Mayor anti t~e roll being called, there were present the Mayor anti We following named Council
Members:
Present: Bailey , Champions Elliott, O'Donnell, Vanderhoef, Wilburn
Absent: I ohman
* * * Other Business * * *
The City Council took up and considered matters relating to amendments to a Pledge,
Servicing and Participation Agreement related to its Senior Housing Facilities Revenue Bond
(Oaknoll Project), Series 2004A.
After discussion, Council Member Champi on introduced the following
resolution and moved its adoption, seconded by Council Member Ba i 1 ay ; and
after due consideration thereof by the Council, the MayorPl~t~t ~c~ question on the motion and
upon the roll being called, the following named Council Members voted:
Ayes: Bailey. Champion. Elliott, O'Donnell, Vanderhoef, Wilburn
Nays: Nnn~
Pro rem
Whereupon, the Mayor d-ec[~red said motion duly carried and the resolution adopted as
follows:
-1-
Christian Retirement, Oaknoll,444549-5
Amending Resolution Servicing Agt IC
4853-0964-9408\1 2/4/2005
RESOLUTION 05-79
RESOLUTION AMENDING THE PLEDGE, SERVICING AND
PARTICIPATION AGREEMENT RELATING TO THE SENIOR HOUSING
FACILITIES REVENUE BOND (OAKNOLL PROJECT) SERIES 2004A.
WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the
"Issuer"), is an incorporated municipality authorized and empowered by the provisions of
Chapter 419 of the Code of Iowa, 2003, as amended (the "Act") to issue revenue bonds or notes
for a project located within or within eight miles of the Issuer for the purpose of financing the
cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or
any interest therein, suitable for the use of any facility for an organization described in Section
501(c)(3) of the Internal Revenue Code (the "Code") which is exempt from federal income tax
under Section 501(a) of the Code (a "Tax Exempt Organization"), and to refund any bonds
issued pursuant to the Act; and
WHEREAS, the Issuer has previously issued its Senior Housing Facilities Revenue Bond
(Oaknoll Project), Series 2004A in an aggregate principal amount of $7,000,000 (the "Bond")
pursuant to the Act and a Pledge, Servicing and Participation Agreement dated as of December
1, 2004 (the "Servicing Agreement") among the Issuer, West Bank (the "Servicer"), and
Christian Retirement Services, Inc. (the "Borrower"), and loaned the proceeds thereof'to the
Borrower to provide a portion of the financing for (1) the construction, renovation, expansion,
equipping and furnishing of the facilities of the Borrower including (i) approximately fifty-two
(52) independent living apartments, (ii) several resident common areas and service areas
including the main entrance and lobby, the main dining room, the kitchen, administrative offices,
the exercise room, and the beauty shop, (iii) a swimming and therapy pool, and (iv) fully
enclosed parking and the renovation of surface-level parking to multi-level parking, and related
improven?ents thereto, all located on the Borrower's campus on the north side of Benton Street
between George Street and vacated Benton Court in Iowa City, Iowa (the "Project") and (2)
paying for costs of issuance of the Bond pursuant to the Act; and
WHEREAS, the Borrower arranged for the sale of the Bond to West Bank (the
"Servicer") and certificates of participation in the Bond were sold to participants identified in the
Servicing Agreement;
WHEREAS, the Borrower and the Servicer have requested that the Issuer approve an
amendment to the Servicing Agreement to change the terms regarding the calculation of interest
on the Bond; and
WHEREAS, a form of First Amendment to Pledge, Servicing and Participation
Agreement (the "First Amendment") incorporating such amendment has been prepared and
presented to the City Council for consideration;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the Issuer, as follows:
-2-
Christian Retirement, Oaknoll,444549-5
Amending Resolution Servicing Agt IC
4853-0964-9408\1 2/4/2005
Section 1. The First Amendment and the changes to the S_ervicing Agreement,
fifo t
including the form of the Bond therein, are hereby approved and the Mayor annette City Clerk
are hereby authorized and directed to execute and deliver the same on behalf of the Issuer in
substantially the form as has been submitted to and considered by the City Council with such
changes therein as may be necessary.
Section 2. Except as amended by the First Amendment, the Servicing Agreement and
the Bond shall remain in full force and effect.
Section 3. All resolutions or parts thereof in conflict herewith are repealed, to the
extent of such conflict.
Section 4. That this Resolution shall become effective immediately upon its passage
and approval.
Passed and approved February 15, 2005.
CITY OF IOWA CITY, IOWA
Mayor Pro !~:m
Attest:
City Clerk
* * * Other Business * * *
On motion and vote, the meeting adjourned.
-3-
Christian Retirement, Oaknoll,444549-5
Amending Resolution Servicing Agt IC
4853-0964-9408\1 2/4/2005
STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF IOWA CITY
I, the undersigned, being first duly swom, do hereby depose and certify that I am the duly
appointed, qualified and acting designee of the City Clerk of the aforementioned City and that as
such I have in my possession, or have access to, the complete corporate records of said City and
of this Council and its officers; that I have carefully compared the transcript hereto attached with
the aforesaid corporate records; and that said transcript hereto attached is a true, correct and
complete copy of the all the corporate records in relation to the adoption of a Resolution
amending the Servicing Agreement related to the Senior Housing Facilities Revenue Bonds,
(Oaknoll Project) Series 2004A.
WITNESS my hand and the corporate seal of said City hereto affixed this 16th day of
February, 2005.
City Clerk
(Seal)
-4-
AMENDMENT OF PLEDGE, SERVICING AND PARTICIPATION AGREEMENT
This Amendment of Pledge, Servicing and Participation Agreement, dated as of February
___, 2005 (the "Amendment"), is entered into by and among the CITY OF IOWA CITY,
IOWA (the "Issuer"), CHRISTIAN RETIREMENT SERVICES, 1NC., a nonprofit corporation,
organized and existing under the laws of the State of Iowa (the "Borrower"), and WEST BANK
(the "Servicer") (collectively, the Issuer, the Borrower and the Servicer are referred herein as the
"Parties"). All capitalized terms not defined herein shall have the same meaning as set forth in
the hereinafter defined Servicing Agreement.
WITNESSETH
WHEREAS, the Parties entered into a Pledge, Servicing and Participation Agreement
dated as of December 1, 2004 (the "Servicing Agreement"); and
WHEREAS, the Issuer issued its Senior Housing Facilities Revenue Bond (Oaknoll
Project), Series 2004A in the aggregate principal amount of $7,000,000 (the "Bond") pursuant to
the Servicing Agreement and the proceeds were loaned to the Borrower to provide financing for
a portion of the cost of the Project and pay costs of issuance of the Bond; and
WHEREAS, the Parties have agreed to amend the Servicing Agreement to change the
terms regarding the calculation of the interest on the Bond;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereto recite and agree as follows:
Section 1. Section 2.1(c)(3). The last sentence of Section 2.1 (c)(3) shall be amended
to read as follows:
"Interest on the Bond during the period beginning on the Original Issue Date to
September 1, 2006 (the "Draw Down Period") shall be calculated on the basis of a 365-day year,
actual days elapsed, and interest on the Bond after the Draw Down Period shall be calculated on
the basis of a 360-day year, consisting of twelve 30-day months."
Section 2. Exhibit B. The first sentence of Section B "Calculation of Interest" of
Exhibit B "Form of the Bond" shall be amended to read as follows:
"Interest payments will be computed on the basis of a year of 365 days, actual days
elapsed during the period beginning on the Original Issue Date to September 1, 2006 (the "Draw
Down Period"). Interest payments after the Draw Down Period shall be calculated on the basis
of a 360-day year consisting of twelve 30-day months."
Section 3. All provisions of the Servicing Agreement not otherwise amended by this
Amendment remain in full force and effect and fully applicable to the Bond.
-1-
4828-9386-1376\1\444549\00005 2/4/2005
iN WITNESS WHEREOF, the CITY OF IOWA CITY, IOWA has caused this
Amendment to be signed in its name by its duly authorized officers, all as of the day and year
first above written.
CITY OF IOWA CITY, IOWA, as Issuer
By: Q~ (_~~~
Mayor Pro tern
Attest:
City Clerk
(Seal)
[Execution Page for Amendment of Pledge, Servicing and Participation Agreement]
09/19/05 14:47 FAX 515 283 1060 DORSEY & WHITNEY ~002/003
IN WITNESS WHEREOF. CHRISTIAN RETIREMENT SERVICES. INC. has
caused this Amendment to be signed in its name by its duly a,~norized officers all as of
the day and year fixst above written.
CHRISTI~ RETIREMENT SERVICES, INC_
As Borrower
Robert DoW'tt, '
By x/fft~,.,..,x4;&otAs;D~,9~tJ
' 's~ S~~.' - --
09/19/05 14:47 FAX 515 283 1060 DORSEY & WHITNEY ~003/003
IN WITNESS WHEREOF, West Bank has caused this Servicing Agreement to be signed
in its name by its duly authorized officer all as of the day and year first above written_
WEST/I~NK, as the Servicer
Tho~nas E. Stan"b"erry, Chaii~lan and CEO
['Execution Page for Amendment of Pledge, Servicing and Participation Agreement]
Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 05-80
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A GRADING AND DEVELOPMENT AGREEMENT AND COVENANT FOR A
PORTION OF GOVERNMENT LOT I EAST OF GILBERT STREET AND NORTH OF
SOUTHGATE AVENUE, IOWA CITY, IOWA
WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owners of certain property
generally located north of Southgate Avenue and east of south Gilbert Street in Iowa City applied for a
grading permit on said property; and
WHEREAS, prior to applying for said permit, substantial fill was placed upon the real property without the
benefit of a plan and/or permit as required by City ordinance; and
WHEREAS, rather than require the removal of said unapproved fill, Public Works and the property owner
have agreed to certain conditions on the development and issuance of permits for the property, which
conditions address the concerns associated with the unapproved fill; and
WHEREAS, said conditions specifically require that development activity in the area of uncontrolled fill be
appropriately designed and constructed to fulfill geotechnical requirements resulting from said fill; and
WHEREAS, City staff has approved the conditions and memorialized them in a Grading and Development
Agreement and Covenant binding the property to compliance with said conditions; and
WHEREAS, the Grading and Development Agreement and Covenant requires City Council approval so the
City may enforce said covenant; and
WHEREAS, the execution of said Agreement and Covenant is in the public interest and advances the public
health, safety and welfare of the citizens of Iowa City, Iowa.
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 the attached and incorporated by
reference Grading and Development Agreement and Covenant for a portion of Government Lot 1
located east of Gilbert Street and north of Southgate Avenue, Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the
same with the above-referenced Agreement and Covenant and Grading Plan in the Johnson County
Recorder's Office at the property owners' expense.
Passed and approved this 15th dayof Februa~,.,~ . / ,20~5. ~)1 _l/
MAYOR P~'o tern
,~ - ATTEST:
p~ov..ed b' /, ,.", /'? CITY ~'LERK
Resolution No. 05-80
Page ~
It was moved by Champi nn and seconded by Ra i 1 ey the Resolution be
adopted, and upon roll call ther_e were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Sarah E. Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240
GRADING AND DEVELOPMENT AGREEMENT AND COVENANT
THIS AGREEMENT, is hereby made by and between Paul M. Kennedy Jr. and Mary
Frances Kennedy, hereinafter collectively referred to as "Developer", and the City of Iowa City,
Iowa, hereinafter referred to as "the City".
WITNESSETH:
IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS
FOLLOWS:
1. Developer is the owner of certain real property generally located north and south of
Southgate Avenue and east of South Gilbert Street, Iowa City, Iowa, which property is
assigned Iowa City Assessor's parcel no. 1022 202 001 and generally described as
that part of Government Lot 1 lying east of Gilbert Street and west of the railroad,
excluding that land dedicated for Southgate Avenue in Book 2004, Page 28 of the
records of the Johnson County, Iowa recorder, excluding that land south of Southgate
Avenue, excluding Kennedy's Waterfront Addition Part One and excluding south 7
acres of east 40 acres of Government Addition Lot 1. Developer acknowledges that
said real property is located within the floodplain, and therefore, pursuant to Title 14,
Chapter 5, Article I, "Grading Ordinance", of the Iowa City City Code, any grading or fill
within or upon said property requires a grading permit.
2. Pursuant to the grading ordinance, Developer has submitted a grading plan and
applied for a grading permit on Developer's real property as noted above. Said
grading plan is attached hereto as Exhibit WA" and incorporated by reference herein.
Developer further acknowledges that, prior to submitting a grading plan and applying
for a grading permit on said real property, substantial fill had been placed upon said
real property without the benefit of a plan and/or permit. Developer further
acknowledges that the City has the authority to require, pursuant to 14-5-1, the removal
of that fill placed upon the property without an approved permit or plan. To address
the concerns resulting from said unapproved fill, Developer's grading plan
encompasses and demarcates the area of previously placed uncontrolled fill and the
area to be graded under the plan. These areas are one and the same and are labeled
"limit of grading and limit of previously placed uncontrolled fill" on Exhibit "A".
3. Developer and City acknowledge that Developer wishes to grade and fill within the
area designated as "limit of grading and limit of previously placed uncontrolled fill"
upon Exhibit "A". To allow such grading to commence and to address the concerns
resulting from the placement of the unapproved fill, City agrees to issue a grading
permit for such activity within the described area without requiring the removal of the
existing fill. City approval of said proposed grading as outlined in the Developer's
grading plan is granted under the following conditions:
A) Prior to the issuance of a building permit or prior to conducting development
activity on any portion of the area designated "limit of grading and limit of
previously placed uncontrolled filr' on Developer's approved grading plan, a
geotechnical report shall be required to address the design of all infrastructure,
including any infrastructure to be dedicated to the City. Said geotechnical report
shall be based on borings and soils data collected on-site at the locations of the
proposed infrastructure and shall be completed by a licensed engineer.
Additionally, all infrastructure shall be designed and constructed in accordance with
the recommendations of the geotechnical report.
B) Prior to the issuance of a building permit for each building and/or structure to be
located within any portion of the area designated "limit of grading and limit of
previously placed uncontrolled filr' on Developer's approved grading plan, the
foundation of such building and/or structure shall be designed by a licensed
engineer based on borings and soils data collected at the site of each such
proposed building/structure.
4. This agreement shall be a covenant running with the land and with title to the land and
shall bind the parties and their successors in interest and assigns, unless and until
released by the City, and this agreement and Exhibit "A' shall be recorded in the Office
of the Recorder of Johnson County, Iowa at Developer's expense.
Dated this /~ day of /V~ A~¢/'/- ,2005.
CITY OF IOWA CITY, IOWA
~'est Lehman, Mayor
ATTEST: ~~'~'~'~'~,~ ~-
Marian K. I~arr,'-citY Clerk
CORPORATE SEAL
OWNER/DEVELOPER
Paul M. Kennedy, Jr.
Mary Frar~ces Kennedy
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this ~,%'~ay of F~c>cu. eu-~. , 2005, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally ~,~l~eared Paul M. Kennedy, Jr. and Mary Frances Kennedy,
husband and wife, to me personally kYgwn, who being by me duly sworn did say that they are the
individuals executing the within and foregoing instrument and that said instrument was signed and
executed as their voluntary act and deed and by each of them voluntarily executed.
I.~1 JENNIFERL. V^N~ i Not~' '''andfort~a
~ ~ ~]Commisslon Num~ 712198I
STATE OF IOWA )
) SS:
JOHNSON COUN~ )
On this /6 day of ~ ,2005, before me, the undemigned, a Nota~
Public in and for said Count, in said State, pemonally appeared Ernest W. Lehman and Marian
K. Karr, to me pemonally known, who being be me duly sworn, did say that they are the Mayor
and City Clerk, respe~ively of said municipal corporation executing the foregoing instrument; that
the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of Ci~ council of said municipal
corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged that execution
of said instrument to be the volunta~ act and deed of said municipal corporation and by them
voluntarily executed.
I ~.1 SONO~E FORT
I ~1 ~ ' ?'ee - J Nota~ Public in and for the State of Iowa
'~ ,[ i:: . ::,,, :] ~"
ti :!ii [~ :: :'i!
'[I, :.: :l
ti! ,.! !I:,I .:
] Ill[ lll]l ]"l:l-i II
E~ION CO~L P~N
~ o ~ ~c~,, o ~fl Il
o2- 5-o5
Prepared by: Robed Miklo, POD, 410 [. Washington St., Iowa Ci~, IA S2240:3~-35fl-5240 (S~B04~000~)
R~8Ok~TIOR ~O. 05-81
R~SOLHIIO~ ~PPROVI~G lHfi ~R~LI~I~Y ~1 OF OLD~
WHER~S, tho owner, ~lum Grove, filed with tho Gity Glork of Iowa City, Iowa, an application for
approval of the prelimina~ plat of Oldo lowno Villaoo; and
WHfiR~S, the Depadmont of ~lannin~ and Gommunity Dovelopment and the ~ublic Works
Depadment examined the prelimina~ plat and mcommendod approval; and
WHfiR~S, the ~lannin~ and Zonin~ Commission examinod tho pmlimina~ plat and, a~er due
doliberation, mcommonded ac~ptan~ and approval of tho plat; and
WHfi~S, tho pmlimina~ plat conforms with all of the requirements of tho City Ordinances of
the City of Iowa Ci~, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE Cl~ COUNCIL OF THE CI~ OF IOWA
CI~, IOWA THAT:
1. The prelimina~ plat of Olde Towne ~llage, Iowa Ci~, Iowa, is hereby approved.
2. The Mayor and City Clerk of the Ci~ of Iowa City, Iowa are hereby authorized and directed
to ~i~ this resolution, which shall be a~xed to the plat after passage and approval by
law.
Passed and approved this ~5th day of Febr~y ~., 20 05 .
MA~OR P~
Approved by
CI~LERK Ci~ Afio~ey's ~ce
It was moved by ChamD~on and seconded by ~lev the Resolution be
adopted, and upon roll ~11 there were:
AYES: NA~S: A9SENT:
X Bailey
X Champion
X Ellio~
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
ppdadmin~res\olde towne village doc
I02-15-05 I
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-82
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 2311 NEVADA AVENUE TO A PUBLIC HOUSING PROGRAM
TENANT.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 2311 Nevada
Avenue, also known as Lot 44, Block 16, Fair Meadows Addition Fourth Unit; and
WHEREAS, a public housing program tenant has offered to purchase the home at 2311
Nevada Avenue for the principal sum of $117,000, which is the appraised value of the property;
and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, on February 1, 2005, the City Council adopted a Resolution declaring its intent to
convey its interest in 2311 Nevada Avenue, authorizing public notice of the proposed
conveyance, and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 2311 Nevada Avenue, legally
described as Lot 44, Block 16, Fair Meadows Addition Fourth Unit, Iowa City, Iowa, to a
public housing program tenant. The Mayor and City Clerk are further authorized to
execute a second mortgage agreement and resale agreement with said family in an
amount not to exceed $23,400.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this 15th dayof February///~ / ,20,05._.~
MAYOR Pro tern
Approved by
CITY'CLERK " City Attorney's Office
Resolution No. 05-82
Page 2
It was moved by Bai ] e,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
8
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 05-83
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
MEADOW STREET BRIDGE REPLACEMENT AND DOVER STREET
DRAINAGE BASIN IMPROVEMENTS PROJECT [BROS-3715(626) - - 8J-52)],
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and
WHEREAS, bids will be accepted on April 19, 2005 at 10:00 a.m. by the laDOT in Ames, IA; and
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid secudty to accompany each bid for the construction of the above-
named project shall be in the 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 circulation 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 April, 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 action upon said bids at its next meeting, to be held at the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd day of May, 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 thereafter as posted by the
City Clerk.
Resolution No. 05-83
Page 2
Passed and approved this 15th dayof February ,20 05
MAYQR Pro tern
Approved by
CITY'CLERK City ,g, tt~r'ney¢~ O~ce
It was moved by 0'Donne] ] and seconded by Champion the Resolution be
adopted, and uppn roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot[
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
pwe ng/res/meadowbddge-dover_app&s.doc
Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 05-84
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
SOUTH GILBERT STREET IMPROVEMENTS - WATER MAIN RELOCATION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice 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 22nd day of March,
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.
nd
on the 22 day of March, 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 thereafter as posted by the City Clerk.
Passed and approved this 15th dayof Febru_ary ,20 05
MAYOR Pro tern
Approved by
CITY"~LERK (~ Att(~rney's ~ffice --
Pweng/res/sthgilbmainrelocappp&s.doc 2/05
Resolution No. 05-84
Page 2
It was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145
RESOLUTION NO. 05-85
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE DUBUQUE STREET/FOSTER ROAD
INTERSECTION IMPROVEMENT PROJECT [STP-U-3715(625)--70-52] AND
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, project includes reconstructing the intersection adding rum lanes and traffic signal; and
WHEREAS, this project will be bid by the Department of Transportation (laDOT); and
WHEREAS, bids will be accepted on April 19, 2005, at 10:00 a.m., Ames, Iowa at the Department of
Transportation; and
WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost
for the above-named project was published as required by law, and the headng thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
1. The plans, specifications, and estimate of cost for the above-named project are hereby
approved.
2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to be
let by the IDOT, for the construction of the above-named project in a newspaper published at
least once weekly and having a general circulation in the city.
Passed and approved this 15th day of February ......-.~,(/~_ ,20 05.,~ ~-
MAYOR Pro tem
App~
CITY'CLERK City' Attorney's OffiCe
It was moved by Baile~' and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
){ Lehman
X O'Donnell
× Vanderhoef
X Wilburn
Pweng/res/Du buque-foster_] nters-applns.doc
February 15 ,2005
The City Council of Iowa City, Iowa, met in regul 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 Pro tern Wi 1 burn , in the chair, and the following
named Council Members:
Bailey, Champion, Elliott, O'Donnell,
Vanderhoef, Wilburn
Absent: Lehman
-1-
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the issuance of $5,335,000 General Obligation Bonds in order to
provide funds to pay costs of the construction, reconstruction, and repairing of
improvements to public ways and streets; the construction, improvement, and repair of
bridges; the reconstruction, extension and improvement of the existing Municipal
Airport; the rehabilitation, improvement and equipping of existing city parks; and
equipping of the fire and police departments, essential corporate purposes, and that notice
of the proposed action by the Council to institute proceedings for the issuance of said
bonds, had been published pursuant to the provisions of Section 384.25 of the City Code
of Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the issuance of said bonds. The Clerk advised the
Mayor and the Council that no written objections had been filed. The Mayor then
called for oral objections to the issuance of said bonds and none were made.
Whereupon, the Mayor declared the time for receiving oral and written objections to be
closed.
(Attach here a summary of objections
received or made, if any)
-2-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $700,000 of general obligation bonds in order to provide funds
to pay costs of the construction of a transit intermodal facility; a general corporate
purpose; and that notice of the proposal to issue said bonds and the right to petition for an
election had been published as provided by Section 384.26, of the City Code of Iowa;
and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's
Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk
reported that no such petition had been filed, requesting that the question of issuing said
bonds be submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of said bonds to be
closed.
-3-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $670,000 of general obligation bonds in order to provide funds
to pay costs of the acquisition of low income housing facilities from the Greater Iowa
City Housing Fellowship to provide affordable housing within the City; a general
corporate purpose; and that notice of the proposal to issue said bonds and the right to
petition for an election had been published as provided by Section 384.26, of the City
Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been filed in
the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the
Clerk reported that no such petition had been filed, requesting that the question of issuing
said bonds be submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of said bonds to be
closed.
-4-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $510,000 of general obligation bonds in order to provide funds
to pay costs of targeted area housing rehabilitation improvements and the acquisition of
art for public buildings and areas; general corporate purposes; and that notice of the
proposal to issue said bonds and the right to petition for an election had been published as
provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the
Clerk whether any petition had been filed in the Clerk's Office, as contemplated in
Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had
been filed, requesting that the question of issuing said bonds be submitted to the qualified
electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of said bonds to be
closed.
-5-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $470,000 of general obligation bonds in order to provide funds
to pay costs of the joint construction and control of the Grant Wood gymnasium in
cooperation with the Iowa City Community School District; a general corporate purpose;
and that notice of the proposal to issue said bonds and the right to petition for an election
had been published as provided by Section 384.26, of the City Code of Iowa; and, the
Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as
contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no
such petition had been filed, requesting that the question of issuing said bonds be
submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of said bonds to be
closed.
-6-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $220,000 of general obligation bonds in order to provide funds
to pay costs of the acquisition of land for Fire Station #4; a general corporate purpose;
and that notice of the proposal to issue said bonds and the right to petition for an election
had been published as provided by Section 384.26, of the City Code of Iowa; and, the
Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as
contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no
such petition had been filed, requesting that the question of issuing said bonds be
submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of said bonds to be
closed.
-7-
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Vanderhoef introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
$5,335,000 GENERAL OBLIGATION BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of ., 2005, at this
place.
Council Member Ba i 1 ey seconded the motion. The roll was
called and the vote was,
AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn
Bailey
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-86
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF
$5,335,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of $5,335,000 General Obligation Bonds for the essential corporate purpose of paying
costs of the construction, reconstruction, and repairing of improvements to public ways
and streets; the construction, improvement, and repair of bridges; the reconstruction,
extension and improvement of the existing Municipal Airport; the rehabilitation,
improvement and equipping of existing city parks; and equipping of the fire and police
departments, and has considered the extent of objections received from residents or
-8-
property owners as to said proposed issuance of bonds; and, accordingly the following
action is now considered to be in the best interests of the City and residems thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of $5,335,000 General
Obligation Bonds for the foregoing essential corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 15th dayof February ,
2005.
tem
ATTEST:
City Clerk
-9-
Whereupon, Council Member 0' Donnel 1 introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
r'l to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of ,2005, at this place.
Council Member [11 i ott seconded the motion. The roll was
called anit the vote was,
AYES: Elliott. O'Donnell. Vanderhoef, Wilburn,
Bailey, Champion
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-87
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the construction of a transit intermodal facility, and
no petition was filed calling for a referendum thereon. The following action is now
considered to be in the best interests of the City and residents thereofi
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-10-
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve a~ a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this lSth dayof February ,
2005.
Mayor Pro tern
ATTEST:
City Clerk
-11-
Whereupon, Council Member Ba i 1 ey introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $670,000 GENERAL OBLIGATION
BONDS", and moved:
rtl that the Resolution be adopted.
I--I to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bOnds to the meeting to be held at
o'clock __.M. on the day of ., 2005, at this place.
Council Member Champi on seconded the motion. The roll was
called and the vote was,
AYES: O'Donnell~ Vanderhoef~ Wilburn, Bailey,
Champion, Elliott
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-88
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $670,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $670,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the acquisition of low income housing facilities
from the Greater Iowa City Housing Fellowship to provide affordable housing within the
City, and no petition was filed calling for a referendum thereon. The following action is
now considered to be in the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-12-
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$670,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 15th day of February ,
2005.
Mayor Pro tern
ATTEST:
City Clerk
-13-
Whereupon, Council Member Ba i 1 e¥ introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ., 2005, at this place.
Council Member 0' Donnel 1 seconded the motion. The roll was
called and the vote was,
AYES: O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Elliott
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-89
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $510,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and heating upon the proposal to institute proceedings for the issuance
of not to exceed $510,000 General Obligation Bonds for general corporate purposes, in
order to provide funds to pay costs of targeted area housing rehabilitation improvements
and the acquisition of art for public buildings and areas, and no petition was filed calling
for a referendum thereon. The following action is now considered to be in the best
interests of the City and residents thereof:
-14-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$510,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 15th day of February
2005.
Mayor Pro tern
ATTEST:
City Clerk
-15-
02-15-05
Whereupon, Council Member Vanderhoef introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $470,000 GENERAL OBLIGATION
BONDS", and moved:
r/1 that the Resolution be adopted.
D to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of ,2005, at this place.
Council Member Ba i l ey seconded the motion. The roll was
called and the vote was,
AYES: Vanderhoef, Wilhurn, Bailey, Champion,
Elliott, O'Donnell
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-90
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $470,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $470,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the joint construction and control of the Grant
Wood gymnasium in cooperation with the Iowa City Community School District, and no
petition was filed calling for a referendum thereon. The following action is now
considered to be in the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-16-
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$470,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 15th dayof February
2005.
Mayor Pro tem
ATTEST:
City Clerk
-17-
Whereupon, Council Member Champion introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $220,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of ., 2005, at this place.
Council Member E11 i ott seconded the motion. The roll was
called and the vote was,
AYES: Wilburn, Bailey, Champion, Elliott,
O'Donnell. Vanderhoef
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 05-91
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $220,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $220,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the acquisition of land for Fire Station fid, and no
petition was filed calling for a referendum thereon. The following action is now
considered to be in the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-18-
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$220,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 15th dayof February ,
2005.
Mayor Pro tern
ATTEST:
-19-
Council Member Champ i on introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
$7,020,000 GENERAL OBLIGATION BONDS, AND APPROVING ELECTRONIC
BIDDING PROCEDURES" and moved its adoption. Council Member
Bai 1 ey seconded the Resolution to' adopt. The roll was called and the
vote was,
AYES: Bailey, £hampinn, Elliott. 0'Donnell.
Vanderhoef. Wilburn
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Reso]ution No. 05-92
RESOLUTION DIRECTING THE ADVERTISEMENT FOR
SALE OF $7,020,000 GENERAL OBLIGATION BONDS,
AND APPROVING ELECTRONIC BIDDING
PROCEDURES
WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the
construction, reconstruction, and repairing of improvements to public ways and streets;
the construction, improvement, and repair of bridges; the reconstruction, extension and
improvement of the existing Municipal Airport; the rehabilitation, improvement and
equipping of existing city parks; and equipping of the fire and police departments, an
essential corporate purpose project, and it is deemed necessary and advisable that the City
issue general obligation bonds for said purpose to the amount of $4,450,000 as authorized
by Section 384.25 of the City Code of Iowa; and
WHEREAS, pursuant to notice published as required by Section 384.25 this
Council has held a public meeting and heating on February 15, 2005, upon the proposal to
institute proceedings for the issuance of not to exceed $7,905,000 General Obligation
Bonds, and all objections, if any, to such Council action made by any resident or property
owner of said City were received and considered by the Council; and it is the decision of
the Council that additional action be taken for the issuance of $7,020,000 General
Obligation Bonds, and that such action is considered to be in the best interests of said
City and the residents thereof;
-20-
WHEREAS, the City is also in need of funds to pay costs of the construction of a
transit intem~odal facility, a general corporate purpose project, and it is deemed necessary
and advisable that the City issue general obligation bonds for said purpose to the amount
of $700,000, as authorized by Section 384.26 of the City Code of Iowa; and
WHEREAS, the City is also in need of funds to pay costs of the acquisition of low
income housing facilities from the Greater Iowa City Housing Fellowship to provide
affordable housing within the City, a general corporate purpose project, and it is deemed
necessary and advisable that the City issue general obligation bonds for said purpose to
the amount of $670,000, as authorized by Section 384.26 of the City Code of Iowa; and
VV~-IEREAS, the City is also in need of funds to pay costs of targeted area housing
rehabilitation improvements and the acquisition of art for public buildings and areas, a
general corporate purpose project, and it is deemed necessary and advisable that the City
issue general obligation bonds for said purpose to the amount of $510,000, as authorized
by Section 384.26 of the City Code of Iowa; and
WHEREAS, the City is also in need of funds to pay costs of the joint construction
and control of the Grant Wood gynmasium in cooperation with the Iowa City Community
School District, a general corporate purpose project, and it is deemed necessary and
advisable that the City issue general obligation bonds for said purpose to the amount of
$470,000, as authorized by Section 384.26 of the City Code of Iowa; and
WHEREAS, the City is also in need of funds to pay costs of the acquisition of
land for Fire Station #4, a general corporate purpose project, and it is deemed necessary
and advisable that the City issue general obligation bonds for said purpose to the amount
of $220,000, as authorized by Section 384.26 of the City Code of Iowa; and
WHEREAS, said City has a population of more than 5,000 but not more than
75,000, and the amount of the said proposed bond issue is not more than $700,000.00;
and
WHEREAS, pursuant to notice published as required by Section 384.26 of the
City Code of Iowa, this Council has held a public meeting and hearing on February 15,
2005, upon the proposal to institute proceedings for the issuance of the above described
bonds; and no petition was filed in the manner provided by Section 362.4 of the City
Code of Iowa, pursuant to the provisions of Section 384.26 of said Code; and it is the
decision of the Council that additional action be taken for the issuance of said bonds and
that such action is considered to be in the best interests of said City and the residents
thereof; and
-21-
WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed
appropriate that the various general obligation bonds hereinabove described be combined
for purposes of issuance and sale in a single issue of corporate purpose bonds as
hereinafter set forth; and
WHEREAS, the Council has received information from its Financial Consultant
evaluating and recommending the procedure hereinafter described for electronic,
facsimile and intemet bidding to maintain the integrity and security of the competitive
bidding process and to facilitate the delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of both sealed and electronic
internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the receipt of electronic bids by facsimile machine and through the
PARITY® competitive bidding system described in the Notice of Sale are hereby found
and determined to provide reasonable security and to maintain the integrity of the
competitive bidding process, and to facilitate the delivery of bids by interested parties in
connection with the offering at public sale.
Section 2. That the Finance Director or City Clerk is hereby directed to publish
notice of sale of said bonds at least once, the last one of which shall be not less than four
clear days nor more than twenty days before the date of the sale. Publication shall be
made in the "Press-Citizen"., a legal newspaper, printed wholly in the English language,
published within the county in which the bonds are to be offered for sale or an adjacent
county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state
that this Council, on the 1st day of March, 2005, at 7:00 o'clock P.M., will hold a meeting
to act upon bids for said bonds, which bids were previously received and opened by City
Officials at 1:00 o'clock P.M. on said date. The notice shall be in substantially the
following form:
-22-
Publish 2/18
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of
the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the
City of Iowa City, Iowa (the "Issuer") at 1:00 o'clock P.M., on the 1 st day of March, 2005.
The bids will then be publicly opened and referred for action to the meeting of the City
Council in conformity with the TERMS OF OFFERING.
The Bonds: The bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2005A, in the
amount of $7,020,000, to be dated March 29, 2005 (the
"Bonds").
Manner of Bidding: Open bids will not be received. Bids will be received in any of the
following methods:
· Sealed Bidding: Sealed bids may be submitted and will be received at the
office of the Finance Director, Iowa City, Iowa
· Electronic Internet Bidding: Electronic internet bids will be received at the
office of the Finance Director, Iowa City, Iowa. The bids must be
submitted through the PARITY® competitive bidding system.
· Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Iowa City, Iowa. Electronic facsimile
bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
Finally, electronic internet bids will be accessed and announced.
Sale and Award: The sale and award of the bonds will be held at the Emma J.
Harvat Hall, City Hall at a meeting of the City Council on the above date at
7:00 o'clock P.M.
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form, which is incorporated by reference as a part of this notice. The
Official Statement may be obtained by request addressed to the Finance Director, City
Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 - telephone: (319) 356-5053; or
the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue,
Suite 214, Des Moines, Iowa, 50312 - telephone: (515) 243-2600.
Terms of Offering: All bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said bonds will be sold subject to the opinion of
Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their
opinion will be furnished together with the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the extent necessary to issue their opinion
as to the legality of the bonds, the attorneys will not examine or review or express any
opinion with respect to the accuracy or completeness of documents, materials or
statements made or furnished in connection with the sale, issuance or marketing of the
bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa.
Marian K. Kart
City Clerk of the City of Iowa City, Iowa
(End of Notice)
441586.1\WP10714086
PASSED AND APPROVED this 15th dayof February ,2005.
Mayor Pro rem
ATTEST:
City Cl~rk
MMCGINLE\440086.1\WP10714.086
-25-
NOTICE OF BOND SALE
N Tim_~xe and Plac~e of Sealed Bid~s: Bids for the sale of General Obligation Bonds of
the Ci(y of Iowa City, Iowa, will be received at the office of the Finance Director, in the
City oiX~,owa City, Iowa (the "Issuer") at 1:00 o'clock P.M., on the 1st day of March, 2(
The bids'W~ll then be publicly opened and referred for action to the meeting
Council in &~x,formity with the TERMS OF OFFERING.
The Bon~d~he bonds to be offered are the following:
GENERA'Lx, OBLIGATION BONDS, SERIES 2005A, in
~mou.nt_0f ~9,20,000, to be dated March 29, 2005 (the
"Bonds").
Manner of Bidding: Open bids wiB,~ot be received. Bids will received in any of the
following methods:
· Sealed Bidding: Sealed bid~ may be and will be received at the
office of the Finance Director, }owa City
· Electronic Intemet Bidding: intemet bids will be received at the
office of the Finance Director, Iowa. The bids must be
submitted through the ~etitive bidding system.
· Electronic Facsimile Biddin Electronic facsimile bids will be received at
the office of the Finance Iowa City, Iowa. Electronic facsimile
bids will be sealed and as sealed bids.
Consideration of Bids: the time for receipt of bids has p'a, ssed, the close of
sealed bids will be announced, ealed bids will then be publicly openad and announced.
Finally, electronic internet . will be accessed and announced. \\
Sale and Award: sale and award of the bonds will be held at tl~'~ Emma J.
Harvat Hall, City Hz meeting of the City Council on the above date at
7:00 o'clock P.M.
\
/ -23-
~N Official Statemen~t: The Issuer has issued an Official Statement of information
lJe~ain~e Bonds to be offered, including a statement of the Terms of Offering a~n'd
an Of(icial Bid Form, which is incorporated by reference as a part of this notice.
Officia"lNStatement may be obtained by request addressed to the Finance Director?City
.H, all~, .4,1.,0_x~.. __W. ashington Street, Iowa City, Iowa, 52240-telephone: (319) 35,¢~?053; or
the City's Fhaxancial Consultant, Public Financial Management, Inc., 2600 Gfltfnd Avenue,
Suite 214, Deg~oines,x Iowa, 50312 - telephone: (515) 243-2600. /
Terms of ONffering: All bids shall be in conformity with and t.~sale shall be in
accord with the TernX~,of Offering as set forth in the Official Stat~ent.
Legal Opinion: S~fid bonds will be sold subject to the oflni, on of
Ahlers & Cooney, P.C., AttOrneys of Des Moines, Iowa, as tfthe legality and their
opinion will be furnished together with the printed bonds wfifhout cost to the purchaser
and all bids will be so conditioned. Except to the extent n/~. cessary t.o issue their opinion
as to the legality of the bonds, the attorneys xvill not exafifline or review or express any
opinion with respect to the accuracy or completeness 94 documents, materials or
statements made or furnished in connection with thejhle, issuance or marketing of the
bonds. /
Rights Reserved: The right is reserved/t6 reject any or all bids, and to waive any
irregularities as deemed to be in the best in~f'ests of the public·
By order of the City Coun~b/e' City of Iowa~?xtxy~iwa' Iowa
City Clerk of the City 'Iowa City,
(End of Notice)
Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
$7,020,000 GENERAL OBLIGATION BONDS, AND APPROVING ELECTRONIC
BIDDING PROCEDURES" and moved its adoption. Member
seconded the Resolution to ado The roll was called and the
vote was,
AYES:
Whereupon, the Mayor resolution duly adopted as follows:
RESOLUTION ~TING THE ADVERTISEMENT
FOR SALE OF Si 000 GENERAL OBLIGATION
BONDS, AND ELECTRONIC BIDDING
PROCEDURE
WHEREAS, the of Iowa Ioxva, is in need of funds to pay costs of the
construction, and of improvements to public ways and streets;
the construction, ' :ment, and ~fbridges; the reconstruction, extension and
improvement of the Municipal . the rehabilitation, improvement and
equipping of existin >arks; and er of the fire and police departments, an
essential ~ose project, and it is t necessary and advisable that the City
issue general obli for said of $4,450,000 as authorized
by Section 384./~ of the City Code of Iowa;
/
WHEREAS, pursuant to notice published as~required by Section 384.25 this
Council has }('eld a public meeting and hearing on February 15, 2005, upon the proposal
to institute ~a}oceedings for the issuance of not to exceed $7,905,000 General Obligation
Bonds, an~l all objections, if any, to such Council action made by any resident or property
oxvner of/said City were received and considered by the Council; and it is the decision of
the Council that additional action be taken for the issuance of $7,020,000 General
Oblig,.~tion Bonds, and that such action is considered to be in the best interests of said
City and the residents thereof;
-20-
WHEREAS, the City is also in need of funds to pay costs of the construction of a
transit intermodal facility, a general corporate purpose project, and it is deemed necessary
and advisable that the City issue general obligation bonds for said purpose to the amount
of $700,000, as authorized by Section 384.26 of the City Code of Iowa; and
×
the City is also in need of funds to pay costs of the/acquisition of
WHEREAS,
low income housing facilities from the Greater Iowa City Housing.~. ellowship~"" to provide
affordable housing within the City, a general corporate purpos, e/lyf.oje~ct, and it is deemed
necessary and advisable that the City issue general obligation/bonds for said purpose to
the amount of $670,000, as authorized by Section 384.26 of 4'he City Code of Iowa; and
WHEREAS, the City is also in need of funds t~p/ay costs of targeted area housing
rehabilitation improvements and the [cquisition of a~ t'or public buildings and areas, a
general corporate purpose project, and~t is deem,ed,/d~h~ecessary and advisable that the City
issue general obligation bonds for said 13~Urpose to, the amount of $510,000, as authorized
by Section 384.26 of the City Code of Ion. a; an~
WHEREAS, the City is also in nee4(6f funds to pay costs of the joint construction
and control of the Grant Wood gymnasium;'~n cooperation with the Iowa City Community
School District, a general corporate pu~¢ke ~roject, and it is deemed necessary and
advisable that the City issue general ob,t4~atio) bonds for said purpose to the amount of
$470,000, as authorized by Section 384.26 of~e City Code of Iowa; and
WHEREAS, the City is also'in need of f~nds to pay costs of the acquisition of
land for Fire Station #4, a general ~orporate purppse project, and it is deemed necessary
and advisable that the City issue general obligat_i _d~a bonds for said purpose to the amount
of $220,000, as authorized by S~ction 384.26 of the City Code of Iowa; and
WHEREAS, said City'has a population of rn~, re than 5,000 but not more than
75,000, and the amount of the said proposed bond issue is not more than $700,000.00;
WHEREAS, pu[$uant to notice published as rec}pired by Section 384.26 of the
City Code of Iowa, this:Council has held a public meetiflg and hearing on February 15,
2005, upon the proposal to institute proceedings for the issuance of the above described
bonds; and no petitio~ was filed in the manner provided bY Section 362.4 of the City
Code of Iowa, pursu.ant to the provisions of Section 384.26 of said Code; and it is the
decision of the Council that additional action be taken for the issuance of said bonds and
that such action is/~.onsidered to be in the best interests of said City and the residents
thereof; and
\
-21-
WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed
appropriate that the various general obligation bonds hereinabove described be combined
for purposes of issuance and sale in a single issue of corporate purpose bonds as
hereinafter set forth; and
the Council has received information from its Finanpi~l Consultant
WHEREAS,
evaluating and recommending the procedure hereinafter described for/glectronic,
facsimile and internet bidding to maintai~tl'ie integrity and security?~f the competitive
bidding process and to facilitate the delix~ery of bids by intereste¢tSarties; and
WHEREAS, the Council deems it the best interests~.6f the City and the residents
thereof to receive bids to purchase such Bd~nds by means 0£'~oth sealed and electronic
internet communication. \ ·
NOW, THEREFORE, BE IT RESO ED BY HE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the recei bids by facsimile machine and through
the PARITY® competitive bidding system, in the Notice of Sale are hereby
found and determined to provide and to maintain the integrity of the
competitive bidding process, and to faci delivery of bids by interested parties in
connection with the offering at public,sale.
/
Section 2. That the FinanceftSirector or Ci ' Clerk is hereby directed to publish
notice of sale of said bonds at leag't once, the last of which shall be not less than four
clear days nor more than twenty/'days before the of the sale. Publication shall be
made in the "Press-Citizen", a,lbgal newspaper, pn~ wholly in the English language,
published within the county in which the bonds are be offered for sale or an adjacent
county. Said notice is given pursuant to Chapter 75 Code of Iowa, and shall state
that this Council, on the lSd'day of March, 2005, at 7 0 o'clock P.M., xvill hold a meeting
to act upon bids for said bonds, which bids were received and opened by City
Officials at 1:00 o'clock:P.M, on said date. The notice hall be in substantially the
following form: '
-22-
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of
the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the
City of Iowa City, Iowa (the "Issuer") at 1:00 o'clock P.M., on the 1st day of March, 2005.
The bids will then be publicly opened and referred for action ~o the meeting of the City
Council in confomfity with the TERMS OF OFFERING.
The Bonds: The b°i~ds to be offered are the following:
\
GENERAL OI3LIGATION BONDS, SERIES 2005A, in the
amount of $7,02~,000, to be dated March 29, 2005 (the
"Bonds").
Manner of Bidding: Open bids Will not be received. Bids will be received in any of the
following methods:
· Sealed Bidding: Seared bids may be submitted and will be received at the
office of the Finance l)irector, Iowa City, Iowa
.
\
· Electronic Intemet Bidding: Electronic internet bids will be received at the
office of the Finance Di?ector, Iowa City, Iowa. The bids must be
submitted through the PARITY® competitive bidding system.
· Electronic Facsimile Biddin, g: Electronic facsimile bids will be received at
the office of the Finance Dik~ector, Iowa City, Iowa. Electronic facsimile
bids will be sealed and treat{kd as sealed bids.
Consideration of Bid~s: After the tim~{ for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids ~11 then be publicly opened and announced.
Finally, electronic intemet bids will be accessed and announced.
Sale and Award: The sale and award of~e bonds will be held at the Emma J.
Harvat ~ ~'at a meeting of the City Cbkuncil on the above date at
7:00 o'clock P.M.
Officia_~_!l Statemen_~__!t: The Issuer has issued an 0{~ficial Statement of information
pertaining to the Bonds to be offered, including a statel~ent of the Terms of Offering and
an Official Bid Form, which is incorporated by referenc~as a part of this notice. The
Official Statement may be obtained by request addressed ~o~,the Finance Director, City
-23-
Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 - telephone: (319) 356-5053; or
the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue,
Suite 214, Des Moines, Iowa, 50312 - telephone: (515) 243-2600. .~
Terms of Offering: All bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said bonds will be s°ld subject to the opinion of
Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their
opinion will be furnished together with the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the extent necessary to issue their opinion
as to the legality of the bonds, the attorneys will not examine or review or express any
opinion with respect to the accuracy or completeness of documents, materials or
statements made or furnished in connection with the sale, issuance or marketing of the
bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa.
City Clerk of the City of Iowa City, Iowa
(~d of Notice)
-24-
PASSED AND APPROVED this __ day of ,2005.
Mayor
ATTEST:
City Clerk
MMCGINLE\440086. I\WP10714.086
-25-
Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, ph. (319)356-5030
RESOLUTION NO. 05-93
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TWO LISTING AGREEMENTS WITH HARRY R.
WOLF OF NAI IOWA REALTY COMMERCIAL TO LIST FOR
LEASING PURPOSES COMMERCIAL SPACE WITHIN THE COURT
STREET TRANSPORTATION CENTER
WHEREAS, the Court Street Transportation Center will have two units of commercial
space available with the facility upon completion of the project; and
WHEREAS, such commercial space will be made available for commercial leasing; and
WHEREAS, City staff, following interviews with real estate brokers, recommends Harry
R. Wolf of NAI Iowa Realty Commercial be selected to assist the City of Iowa City in the
leasing of said commercial space; and
WHEREAS, the parties have negotiated two listing agreements setting out the terms and
conditions of the listing agreements; and
WHEREAS, it would be in the public interest of the City of Iowa City to enter into said
listing agreements to assist in the leasing of such commercial space.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The listing agreements by and between the City of Iowa City, Iowa and Harry R.
Wolf of NAI Iowa Realty Commercial, are hereby approved as to form and
content; and
2. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest the attached listing agreements for and on behalf of the City of Iowa
City.
Passed and approved this 15thdayofFebruary~ l~_~,!~
MKYOR Pr~ tem
A~'oved
~.~~ CITY CLERK
2
City Attorney's Office
Resolution No. 05-93
Page. 2
It was moved by Bailey and seconded by 0'Donne1] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Page 1 of 1
UNIFORM AGENCY CONTRACT
LISTING AGREEMENT
Iowa city, Johnson County. Iowa. , dated this __~_~-~__day of ___~--_-_~.~_~___a~__ 2005.
In consideration of your listing and endeavoring to sell/lease the property described as 3** South Dubuque Street, (2460 square
feet); and 1'* East Court Street, (760 square feet), I grant you the sole exclusive right to market the same and I relinquish my
right to marl(et the property.
COMMISSION. Should the property or any part be sold or exchanged or a buyer be found by you or any person, at the price
specified or any other pdce or terms which I may authorize or accept, I agree to pay you at the time of settlement a commission
of 7% of the first $500,000 of gross sale price; 6% of the second $500,000 of gross sale price, 5% of the next $1,000,000 of
gross sale price and 3% thereafter, and will promptly deliver to you a complete abstract showing good and merchantable title to
the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed.
Should a bonafide offer be made by a ready, willing and able buyer meeting the terms of this contract and I fail to fulfill this
agreement, then I shall pay you the agreed commission in full upon demand; subject to the condition that any buyer procured
during the term of this agreement shall, in Owner's sole determination, be compatible with the Owner's activities, functions and
responsibilities. I hereby authorize you to disburse part of your compensation to other brokers, including a buyer's broker solely
representing the buyer.
BUSINESS SALE. INTENTIONALLY DELETED
LEASE AGENCY. Should the property or any part be leased to a tenant found by you or any other person at the rate
specified herein or any other rate or terms which I may authorize or accept, I agree to pay you a commission of 7% of the base
term of the lease; subject to the condition that any tenant procured during the term of this agreement shall, in Owner's sole
determination, be compatible with the Owner's activities, functions, and responsibilities. The fee is due one-half upon lease
signing and one-half within six months of the date of lease commencement. During the lease, should the tenant pumhase this
subject property, I agree to pay the sales commission as outlined above, less the leasing commission already paid for the
unexpired term of the lease.
EXCHANGE. Should other property be accepted by me in exchange, I hereby consent to you representing and accepting
compensation from all parties to the transaction.
MARKETING. In order to show the property, you and your agents shall have access to it at all reasonable times, and I will give
you all possible assistance in marketing the property. You are authorized to place a "For Sale" sign and a lock box on the
property. You are authorized to submit the listing to the Multiple Listing Service of the Iowa City Area Association of REALTORS
to be published and disseminated to its members and report to the Multiple Listing Service and its members, both before and
after the sale/lease, any information concerning price and terms of the sale/lease, encumbrances, and financing as they request.
EARNEST MONEY. I further agree that out of any forfeited earnest money 100% shall go to you up to the full commission.
REPRESENTATION. I have furnished to you the information concerning this property and represented to the best of my
knowledge and belief that such information is true. If it is established that such information and representations are incorrect and
untrue, I agree to indemnify and hold you harmless fi'om any and all loss, damage or expenses in connection therewith,
including reasonable attorney's fees. I agree that at the time of possession all includable appliances, furnace, and other
mechanical equipment will be operational and in good working order, except N/A
SELLER will furnish a structural pest control report provided by a professional exterminato~ and agrees to pay for any treatment
to free the premises of active structural pests.
TERMINATION AND PROTECTION. This contract shall terminate at 11:59 P.M. on the 31st day of July, 2005 except that the
commission shall be paid if the property shall be sold, rented or exchanged within 90 days after the termination of this
agreement, to any person, firm or corporation to whom Broker, or any other person, firm or corporation with whom Broker, or
any other person representing Broker has negotiated for the rental of this property during the term of this agreement; and if
Broker supplies Owner with a written list of such parties on or before the expiration of this agreement. The notice shall contain
the name of the prospective lessees and the dates the property was presented to the prospects,
NON-DISCRIMINATION. This property is offered without regard to race, color, sex, creed, religion, national origin, mental or
physical disabilities, familial status or age. I further recognize and agree that the property will be marketed in full compliance with
all applicable federal, state, and local statutes, regulations and ordinances relating to fair housing and other such matters.
GENDER AND NUMBER. Words and phrases shall be constructed as in the singular or plural number, as masculine, feminine
or neuter gender, as may be indicated by the context hereof.
OTHER PROVISIONS.
Lease is subject to approval by the City of Iowa City.
Seller requests Broker select, prepare and complete form documents as authod~l-'~ Iowa lay/. or rule, s~{~ as purchase
agreements, groundwater hazard statements and declaration of value.
.
Iowa Realty Commercial Owner
"l~tady//~/olf, R~/~a, Director ~,~er.,
Page 2 of 2
Iowa City MLS
*Indicates required field Commercial - Input Sheet
Industrial Office ,4, MLS Area O
ease B - Sale Retail. ~. Business Opportunity *List Price I Lease Price Per Sq. Ft.
*Street Number *Street Name Unit # *City
/
*County *Zip Code Zip4 List Date (01101101) *Expire Date (01/01101)
*Tax ID Number (Entar Exactly as on Tax Records) *Gross Tax (County & City) * Tax Year Report *Year Bu#t
* Lot Dimensions (Start with Street Frontage and Move Clockwise Separating Dimensions with an 'X') *Acreag~
*S~luare Feet *'l'y;e of Lease *'Zoning
*Common Area Maintenance * Insurance Expense Per Sq. Ft
*Elementary School *JrdMiddle School *High School
Remarks
*Directions
*Denotes Required Fields Rev. 1/04
Andy/agt/uniform agency confract.doc
Page I of 1
UNIFORM AGENCY CONTRACT
LISTING AGREEMENT
Iowa city. Johnson County. Iowa. , dated this _~_.~day of __~¢.,~.~_¢~.¢...~___ 2005.
In consideration of your listing and endeavoring to sell/lease the property des(Sribed as 3** South Dubuque Street, (2460 square
feet); and 1'* East Court Street, (760 square feet), I grant you the sole exclusive right to market the same and I relinquish my
right to manket the property.
COMMISSION. Should the property or any part be sold or exchanged or a buyer be found by you or any person, at the price
specified or any other price or terms which I may authorize or accept, I agree to pay you at the time of settlement a commission
of 7% of the first $500,000 of gross sale price; 6% of the second $500,000 of gross sale price, 5% of the next $1,000,000 of
gross sale price and 3% thereafter, and will promptly deliver to you a complete abstract showing good and merchantable title to
the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed.
Should a bonatide offer be made by a ready, willing and able buyer meeting the terms of this contract and I fail to fulfill this
agreement, then I shall pay you the agreed commission in full upon demand; subject to the condition that any buyer procured
during the term of this agreement shall, in Owner's sole determination, be compatible with the Owner's activities, functions and
responsibilities. I hereby authorize you to disburse part of your compensation to other brokers, including a buyer's broker solely
representing the buyer.
BUSINESS SALE. INTENTIONALLY DELETED
LEASE AGENCY. Should the property or any part be leased to a tenant found by you or any other person at the rate
specified herein or any other rate or terms which I may authorize or accept, I agree to pay you a commission of 7% of the base
term of the lease; subject to the condition that any tenant procured during the term of this agreement shall, in Owner's sole
determination, be compatible with the Owner's activities, functions, and responsibilities. The fee is due one-half upon lease
signing and one-half within six months of the date of lease commencement. During the lease, should the tenant purchase this
subject property, I agree to pay the sales commission as outlined above, less the leasing commission already paid for the
unexpired term of the lease.
EXCHANGE. Should other property be accepted by me in exchange, I hereby consent to you representing and accepting
compensation from all parties to the transaction.
MARKETING. In order to show the property, you and your agents shall have access to it at all reasonable times, and I will give
you all possible assistance in marketing the property. You are authorized to place a "For Sale" sign and a lock box on the
property. You are authorized to submit the listing to the Multiple Listing Service of the Iowa City Area Association of REALTORS
to be published and disseminated to its members and report to the Multiple Listing Service and its members, both before and
after the sale/lease, any information concerning price and terms of the sale/lease, encumbrances, and financing as they request.
EARNEST MONEY. I further agree that out of any forfeited earnest money 100% shall go to you up to the full comroission.
REPRESENTATION. I have furnished to you the information concerning this property and represented to the best of my
knowledge and belief that such information is true. If it is established that such information and representations are incorrect and
untrue, I agree to indemnify and hold you harmless from any and all loss, damage or expenses in connection therewith,
including reasonable attorney's fees. I agree that at the time of possession all includable appliances, furnace, and other
mechanical equipment will be operational and in good working order, except N/A
SELLER will furnish a structural pest control report provided by a professional exterminator and agrees to pay for any treatment
to free the premises of active structural pests.
TERMINATION AND PROTECTION. This contract shall terminate at 11:59 P.M. on the 31st day of July, 2005 except that the
commission shall be paid if the property shall be sold, rented or exchanged within 90 days after the termination of this
agreement, to any person, firm or corporation to whom Broker, or any other person, firm or corporation with whom Broker, or
any other person representing Broker has negotiated for the rental of this property during the term of this agreement; and if
Broker supplies Owner with a written list of such parties on or before the expiration of this agreement. The notice shall contain
the name of the prospective lessees and the dates the property was presented to the prospects,
NON-DISCRIMINATION. This property is offered without regard to race, color, sex, creed, religion, national origin, mental or
physical disabilities, familial status or age. I further recognize and agree that the property will be marketed in full compliance with
all applicable federal, state, and local statutes, regulations and ordinances relating to fair housing and other such matters.
GENDER AND NUMBER. Words and phrases shall be constructed as in the singular or plural number, as masculine, feminine
or neuter gender, as may be indicated by the context hereof.
OTHER PROVISIONS.
Lease is subject to approval by the City of Iowa City.
Seller requests Broker select, prepare and complete form documents as autho '0z"~--'by Iowa law or ~le. such as purchase
agreements, groundwater hazard statements and declaration of value. (J,.-. / ~ ~/~/
Iowa RealtyCommercial Owner ~,_)~-~YJ'.~_ / /~.-~ ~ ~
I-~ R./Wolf, Reg~nal Director ~
Page 2 of 2
Iowa City MLS
*Indicates
required field Commemial - Input Sheet ]CM1]
AgentName: ~'/A~x.~f t~;~-F't JO~'FI~- ~ZoCHE Date Listed: ~- ~'-o5 ListJng~
I Industrial __ Office ~ O ! -'~List Pri~:~ I Lease Price Per Sq. Ft.
(~Z Lease B- Sale IRetail ~, Business Opportunity MLS Area
*Street Number *Street Name Unit # *City
*County *Zip Cede Zip4 List Date (0t/01101) *Expire Date (01101/0t)
*Tax ID Number (Enter Exactly as en Tax Records) *Gross Tax (County & Ci~) * Tax Year Report *Year Built
* Lot Dimensions (Start with Street Frontage and Move Clockwise Separating Dimensions with an "X") *Acreage
*S¢luam Feet *Ty0e of Lease *Zoning
*Common Area Maintenance * Insurance Expense Pe~ Sq. Ft
*Elementary SchOol *Jr./Middle School *High School
Remarks
*Directions
List A~{~ee~ *List Agent Name 2 *List Broker Code ~.adable Rate Y/N *Commission to__ --
Selling Broker Enter % or $ Amount Only
*Owner Name (Last Name, Then Fimt and Middle Initial) *Intent Y/N
*Denotes Required Fields Rev. 1/04
Andy/agt/unifonn agency confract.doc
Court Street Transportation Center ~
Dubuque Street Tenant Spaces ,.,o"°''"'^Rc"~T~CTs
Parking Deck
Entrance
Parking Deck
Entrance
Dubuque Street
Court Street Transportation Center ~
Court Street Tenant Spaces,.co.,o.A,..^~°"'TECTs
Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA 52240, ph. (319)356-5030
RESOLUTION NO.
ON AUTHORIZING THE MAYOR TO SIGN AND T!iE CITY
CLERK ATTEST A LISTING AGREEMENT WITH HARRY R.
WOLF OF IOWA REALTY COMMERCIAL TO LIST FOR
LEASING COMMERCIAL SPACE WITHIN T~IE COURT
WHEREAS, the Court Center will have two ,pfiits of commercial
space available with the facilit' on completion of the project; and/
WHEREAS, such commercial made available for/mmercial leasing; and
WHEREAS, City staff, followin real estat, ff'brokers, recommends Harry
R. Wolf of NAI Iowa Realty a~ist the City of Iowa City in the
leasing of said commercial space; and ·
WHEREAS, the parties have negotiated a setting out the terms and
conditions of the listing agreement; and
WHEREAS, it would be in the public interest City of Iowa City to enter into said
listing agreement to assist in the leasing
BE IT THE C'k~Y COUNCIL OF THE CITY
NOW,
THEREFORE,
OF IOWA CITY, IOWA THAT:
1. The listing agreement by anf/between the City of Io~(a City, Iowa and Harry R.
Wolf of NAI Iowa Realty/Commercial, copy of whic~ is on file with the City
Clerk, is in the public int~est, and is hereby approved as~ form and content; and
2. The Mayor and City/Clerk are hereby authorized and directed to respectively sign
and attest said listij~ agreement in duplicate for and on behalf of the City of Iowa
City. / _
Passed and approve~/this day of February, 2005.
ATTEST: C/Y CLERK
~ Approved by:
City Attorney's Office
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138
RESOLUTION NO.
RESOLUTION RECOMMENDING THE AWARD OF A CONTRACT BY
JOHNSON COUNTY FOR CONSTRUCTION OF THE SOUTH GILBERT
STREET IMPROVEMENTS - NAPOLEON LANE TO CITY LIMITS PROJECT
WHEREAS, Cedar Valley Corporation of Waterloo, Iowa has submitted the lowest responsible bid
of $4,307,230.01 for construction of the above-named project.
WHEREAS, Johnson County will be the contracting authority for the above project; and
WHEREAS, this project will be known as FM-TSF-CO52(73) - - 5B-32 and STP-S-CO52(67) - -
5E-52.
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 Cedar Valley Corporation, subject to the condition that awardee is deemed
qualified by the Iowa Department of Transportation (laDOT).
2. The Johnson County Board of Supervisors and/or the Mayor are hereby authorized to sign
the contract for construction of the above-named project.
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK Oily'Atto fhey's/,Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
pweng/res/sgilbert-napoleonawrdcon.doc
Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144
RESOLUTION NO. 05-94
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE IOWA CITY SANITARY LANDFILL.
WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and
WHEREAS, professional engineering services are required to construct necessary facilities to
continue landfilling operations on the western portion of the currently permitted site; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Howard
R. Green Company Consulting Engineers for the provision of engineering services, attached
hereto and made a part hereof, is in the public interest, and hereby approved as to form and
content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa
City, Iowa.
Passed and approved this 15th day of Febr_ua-rv ,2005
Approved by
CITY~,LERK City-At~o~'ne~"s Office
pwengVes~landfill.doc
Resolution No. 05-94
Page 2
It was moved by C hampi on and seconded by Ba i 1 e,y the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
Z EIliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of Fehrua~'y ,2005, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and
Howard R. Green Company, of 8710 Earhart Lane ,gW, Cedar Rapids, IA 52404, hereinafter
referred to as the CONSULTANT.
WHEREAS, the CITY desires to secure the services of a consulting engineering firm to prepare
construction plans, project manual, and detailed construction specifications; to submit
construction documents to the Iowa Department of Natural Resources (IDNR) for review and
approval; to provide for assistance in receiving bids and awarding construction contract(s); and
to provide for assistance to the CITY in contract and construction administration, all as related to
the design and construction of the next (FY02, Phase 2B) operating cell at the Iowa City Landfill
and Recycling Center.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now
contract with the CONSULTANT to provide services as set forth herein.
I. SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely
and satisfactory manner:
I-A. DESIGN OF CELL FY02, Phase 2B
This work consists of consulting engineering services necessary to complete the
design and facilitate the construction of the next operating cell, herein designated as
Cell FY02, Phase 2B.
Certain Iowa Department of Natural Resources (IDNR) permit requirements have been
addressed with previous application submittals to the Agency. This previously-
submitted information includes items such as Development and Operations Plans and
Specifications (DOPS), the legal description of the facility, zoning, land use
information, location of homes and buildings within one half mile, proof of ownership,
haul routes, plus flood plain, surface water and groundwater considerations. This
Scope of Services does not include the further addressing of these or related items.
The design of Cell FY02, Phase 2B will utilize an alternative liner and final cover (i.e.:
compacted clay in lieu of flexible membrane liner (FML), consistent with Cells FY98
and FY02, Phase 2A. It is assumed that on-site native soils are suitable for use as
liner and cover materials, and engineering design will be based on use of these on-site
native soils.
The use of an alternative drainage layer, specifically tire chips, will be evaluated based
on the availability and estimated cost, and compared to traditional granular drainage
layer material.
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As a part of the cell construction, a portion or all of the excess excavated material will
be placed as additional or final cover on Cells FY95 and FY96. The location and
quantity of cover material placed on these cells will be based on existing topographic
information and cover thickness information provided by the CITY.
The City will provide the CONSULTANT with pre-design/pre-construction survey
information as needed to verify quantities for design.
The final plans and specifications documents for construction of Cell FY02, Phase 2B,
will be reviewed with CITY staff before transmitting the documents to the IDNR.
This work will include completion of the final design and preparation of construction
documents for Cell FY02, Phase 2B based on the configuration as illustrated in the
Development and Operations Plans and Specifications (DOPS) as previously
approved by IDNR.
CONSULTANT will also prepare the Project Manual and Specifications to include:
· Notice of Public Meeting
· Advertisement for Bids
· Instructions to Bidders
· Form of Proposal
· Bid, Performance, and Payment Bond Forms
· Notice of Award
· Form of Agreement
· Notice to Proceed
· Standard General Specifications
· Supplemental General Specifications
· Detailed Specifications Excavation
Borrow-soil removal, stockpile, restoration
Subbase preparation
Construction of groundwater collection facilities
Construction of the compacted soil liner system
Construction of leachate collection piping system
Testing and quality control/assurance
· Special Provisions
· Engineer's Opinion of Probable Construction Cost
CONSULTANT will distribute all copies of the contract documents to prospective
bidders as required for bid letting.
The bid letting process will entail the invitations to bid, instructions to bidders, bid
proposals, proposal evaluation, and acceptance. CONSULTANT will conduct a pre-
bid meeting for prospective Contractors that will include a visit to the landfill to discuss
site conditions, project requirements, and questions. (Attendance at this pre-bid
meeting may be optional for the prospective bidders).
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I-B. C&D DISPOSAL AREA OPERATIONAL WORK PLAN
The development of Cell FY02, Phase 2B will require the excavation and removal of
the construction and demolition (C&D) waste that was placed at the landfill during the
urban renewal era in Iowa City. This waste material is generally located north of Cell
FY02, Phase 2A. Excavation and removal to the active fill area will allow for
uninhibited development of Cell FY02, Phase 2B including proper installation of the
liner, leachate control and groundwater drain line systems as required to meet current
design standards.
The Iowa Administrative Code (lAC) requires specific written notification to IDNR prior
to excavation, disruption, or removal of any deposited material from sanitary landfills.
Notification is to include an operational work plan defining the area involved, the limits
of excavation, the estimated quantity of material to be removed, the location where the
excavated material will be disposed, and the estimated time required for the removal
and disposal activity. This work task covers the preparation of and submittal to IDNR of
the Operational Work Plan.
Information from a previous CITY field investigation will be used to determine the
quantity of C&D waste for notification to IDNR, and for bidding purposes. The Plan will
include appropriate drawings defining the limits of excavation, and the location(s) for
disposal of the excavated material in the active fill area. Recommendations for
scheduling the removal and re-disposal in the active fill area, to ensure compatibility
with the ongoing, routine disposal of incoming solid waste, will be developed with the
input from landfill management and staff. Procedures for excavation, hauling, re-
disposal, and covering of the re-disposed waste in the active fill area will be developed
with consideration of the ongoing filling operation, the concurrent construction of Cell
FY02, Phase 2B, the inherent safety and health issues associated with the types of
waste being excavated and re-disposed, and the required handling of contaminated
soils, leachate, and other associated materials.
A draft Operational Work plan will be reviewed with City staff prior to submittal to IDNR
for approval. The recommendations contained in the Plan, along with input from CITY
staff, and any additional requirements imposed by and agreed to with IDNR, will be
incorporated into the construction contract for Cell FY02, Phase 2B.
I-C. CONSTRUCTION ADMINISTRATION
This Scope of Services includes limited contract management for the next phase (cell
FY02, Phase 2B) of the landfill expansion. For the basis of this scope item, it is
assumed that construction of Cell FY02, Phase 2B will begin in Fiscal-year 2006 (the
fall of calendar year 2005), and will be completed by August 31, 2006. This scope
item includes the following services:
· Arrange for and conduct the Pre-construction Meeting. The Contractor(s) will
be advised as to IDNR requirements for construction, testing, and
documentation involving the groundwater collection, leachate control, and
compacted clay liner systems.
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· Issue interpretations and clarifications of the project documents.
CONSULTANT will review shop drawings, samples and other submittal data,
which the Contractor may be required to submit, for conformance with the
design concept of the project.
· Evaluate the acceptability of substitute materials and equipment as may be
proposed by the Contractor.
· Prepare final drawings showing changes made during construction, based on
the marked-up drawings and updated survey data provided by the CITY.
Copies of the final plans will be distributed to the CITY and IDNR.
CONSULTANT will also certify the completed construction to the CITY and to
IDNR and attend IDNR's final inspection.
· Assist the CITY in processing change orders, extra work orders, partial and
final payment requests and final quantities.
The CITY will provide for all construction staking, construction observation, field-
testing for the construction, and primary contract administration including processing of
all Contractors' payment requests. Also, the CITY will provide field surveying services,
marked-up drawings, and construction reports to address modifications that occur
during construction, for the CONSULTANT'S use in developing "as-constructed" plans
of the liner and associated piping systems. The "as-constructed" plans prepared by
the CONSULTANT will be based on the information provided by the CITY.
I-D. STORM WATER CONTROL IMPROVEMENTS
Federal National Pollutant Discharge Elimination System (NPDES) Storm Water
Program Phase II rules require permitting for construction activities that disturb an area
equal to or greater than one (1) acre. Such permits are designated as NPDES
General Permits No. 2, and are issued by IDNR directly to the Contractor(s).
The construction specifications prepared by CONSULTANT, as included in the Scope
of Services in Section I-A above, will assign responsibility for operational control of
erosion, and sediment control associated with the construction project, to the
Contractor(s). Further, the specifications will stipulate that the NPDES General Permit
No. 2 will be obtained for the project by the prime Contractor.
Federal Phase II rules require permits for both ongoing operational and post-
construction activities for sanitary landfills operated by municipalities under 100,000
population. The CITY'S current NPDES General Permit No. 1 addresses both normal
landfill operational activities, many of which are currently ongoing and expected to
continue (ie: filling of Cells FY95, FY96, FY98 and FY02, Phase 2A; construction of
borrow areas for cover material; composting of yard waste, etc), and those operational
activities directly associated with post-construction operation of cell FY02, Phase 2B.
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In association with the permit requirements for the ongoing (post-construction of Cell
FY02, Phase 2B) land-filling operation, the CITY'S Storm Water Pollution Prevention
Plan (SWPPP) for the landfill site must be amended to reflect the changes resulting
from the construction of Cell FY02, Phase 2B.
The CONSULTANT shall prepare an amended SWPPP, reflecting the changes
associated with the construction of Cell FY02, Phase 2B, as follows:
· Prepare an amended Storm Water Pollution Prevention Plan (SWPPP), to
include:
Description of Potential Pollutant Sources.
Storm Water Management Controls.
Visual Inspection Requirements.
Consistency With Other Storm Water Management Programs or
Plans.
· Develop storm water monitoring and reporting requirements applicable to
landfill operational activities, including specific requirements for storm water
sampling.
· Develop requirements for reporting and retention of records.
· Develop a Best Management Practices (BMP) plan, to include:
Site-based local controls plans.
Storage practices (storm water retention basin).
Infiltration practices plan.
Vegetative practices plan.
· Complete the design for storm water run-off structural controls, including
storm water retention basin(s).
· Prepare construction drawings and related Project Manual and Specifications
for storm water retention basin(s) and related improvements for inclusion as a
part of the construction project for Cell FY02, Phase 2B.
· Provide services to the CITY in the form of bid letting assistance and
construction phase assistance as described in I-A and I-C above.
II. TIME OF COMPLETION
The CONSULTANT shall complete the following phases of the Project in accordance with the
schedule shown.
· Item I-A will be completed for submittal to IDNR by June 10, 2005.
· Item I-B will be completed for submittal to IDNR by May 13, 2005.
· Item I-C will be completed by August 31, 2006, or as governed by the construction
schedule.
· Item I-D will be completed by June 10, 2005
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III. GENERAL TERMS
A. The CONSULTANT shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, or sexual orientation.
B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "lump sum" amount listed in Section IV. The CITY may
terminate this Agreement upon seven (7) calendar days written notice to the
CONSULTANT.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all Parties
to said Agreement.
D. It is understood and agreed that the retention of the CONSULTANT by the CITY for
the purpose of the Project shall be as an independent contractor and shall be
exclusive, but the CONSULTANT shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the CITY that all records and files pertaining to information needed by
the CONSULTANT for the project shall be available by said CITY upon reasonable
request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance
in the use of these records and files.
F. It is further agreed that no party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by the
CITY shall be given with reasonable notice to the CONSULTANT to assure
attendance.
H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon
demand by the CITY, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the CONSULTANT pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative to
specific projects covered under this Agreement. In such event, the CONSULTANT
shall not be liable for the CITY'S use of such documents on other projects.
I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with
the seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
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J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting,
however, that failure of the CONSULTANT to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the CITY to withhold payment of the
amount sufficient to properly complete the project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining
podion shall be deemed severable from the invalid portion and continue in full force
and effect.
L. Original contract drawings shall become the property of the CITY. The
CONSULTANT shall be allowed to keep mylar reproducible copies for the
CONSULTANT'S own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by the CITY.
N. Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of
the Iowa Code prohibits a CITY officer or employee from having an interest in a
contract with the CITY, and certifies that no employee or officer of the CITY, which
includes members of the City Council and CITY boards and commissions, has an
interest, either direct or indirect, in this agreement, that does not fall within the
exceptions to said statutory provision enumerated in Section 362.5.
O. Professional Coverage - The CONSULTANT agrees at all times material to this
Agreement to have and maintain professional liability insurance covering the
CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and
omissions to the CITY in the sum of $1,000,000.
IV. COMPENSATION FOR SERVICES
Item I-A. Design, Plans, Specifications and Bid Letting of Cell
FY02, Phase 2B $54,000
Item I-B. C&D Disposal Area Operational Work Plan $ 6,500
Item I-C. Construction Administration $25,500
Item I-D. Amended SWPPP $ 6,500
Total Items I-A through I-D $92,500
Payment Schedule:
CONSULTANT shall bill CITY monthly for services and reimbursable expenses.
Payment shall be due and payable within thirty (30) days of CITY'S receipt of
invoice.
If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may,
after giving seven (7) days' written notice to CITY, suspend services under this
Agreement until CITY has paid in full all amounts due.
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V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that it is the entire Agreement, and
that no other monies or considerations have been solicited.
FOR THE CITY FOR THE CONSULTANT
Title: Mayor Pro tem Title: R ent
Date: February 15, 2005 Date: ~-~(a
Ci ty~t~l erk
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