HomeMy WebLinkAbout1995-11-07 ResolutionRESOLUTION NO. 95-315
RESOLUTION AUTHORIZING THE MAYOR TO SION AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1123 MAPLE
STREET, IOWA CITY, IOWA
WHEREAS, on December 21, 1990, November 1991 and January 23, 1992, the property
owner of 1123 Maple Street executed no interest Life Liens in the amount of 93,000 and
$21,150 and a UCC2 Financing Statement for appliances through the City's Housing
Rehabilitation Program; and
WHEREAS, said Promissory Notes created liens against the subject property; and
WHEREAS, the property owner used only 919,934.26 of the 921,150 loan; and
WHEREAS, the property owner paid off both of the loans for a total of 922,934.26 on
October 27, 1995.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien
for recordation, whereby the City does not release the property located at 1123 Maple Street,
Iowa City, Iowa, from an obligation of the property owner to pay to the City the 93,000
which was recorded in Book I 199 Pages 192 through 196, and the 919,934.26 which was
recorded in Book 1303 Pages 267 thru 271, and the UCC2 Financing Statement which was
recorded in Book 1319 Page 180 of the Johnson County Recorder's Office.
Passed and approved this 7th day of November
, 1995.
CITY CLERK
I~'AYOR
A~/~..d. ~by .--
City Att,~rney's Office
It was moved by l(,,hhy and seconded by
adopted, and upon roll callthere were:
Novick
AYES: NAYS: ABSENT:
X
X
X
X
x
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1123 Maple Street, Iowa City, Iowa,
legally described as follows:
Lot Seven (7), Longfellow Addition to Iowa City, Johnson County, Iowa, according to the
recorded plat thereof,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$3,000 and $21,150 respectfully and represented by no interest Life Liens recorded in the
Johnson County Recorder's Office on January 23, 1991, in Book 1199 Pages 192 through 196
and on December 1, 1991, in Book 1303 Pages 267 thru 271. Also, an UCC2 Financing
Statement was recorded in the Johnson County Recorder's Office on January 23, 1992, in
Book 1319 Page 180.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the property described above by reason of said prior recorded document.
CITY OF IOWA CITY, IOWA
ATTEST:
Approv~
City A~torney'~0ffice
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ?/~t_ day of "r~o,,e.r, be~- , A.D. 19 ~'5 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Susan
M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument wa.s signed and sealed on behalf of the corporation by authority of its
City Council, as contained"Jqesolution No.? '.5_53J5. adopted by the City Council on the ~ day
~ 8]~,.,,J~,- , 19.9u5; and that the said Susan M. Horowitz and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
ppdrehab~1123~na~tel
Notary Public in and for Johnson County, Iowa
RESOLUTION NO. 95-316
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 917 N.
GOVERNOR STREET, IOWA CITY, IOWA
WHEREAS, on June 7, 1989, the property owner of 917 North Governor Street executed a
no interest Life Lien in the amount of $2,600 through the City's Housing Rehabilitation
Program; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, the property owner used only $2,455 of the $2,600 loan; and
WHEREAS, the property owner paid off the loan of 92,455 on October 25, 1995.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 917 North
Governor Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City
the 92,600, which was recorded in Book 1063, Page 312, of the Johnson County Recorder's
Office.
Passed and approved this 7th day of November
,1995.
ATTEST: ~~
CITY-CLERK
MAYOR ~ ~
City Att~ney s Office
It was moved by Kuhhy and seconded by
adopted, and upon roll call there were:
Novick
AYES: NAYS: ABSENT:
x
X
x
X
X
x
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 917 North Governor Street, Iowa
City, Iowa, legally described as follows:
The South 20 feet of Lot 5 and the North 40 feet of Lot 6, in Block 1, in D.A.
Dewey's Addition to Iowa City, Iowa, according to the plat thereof recorded in
Book 16, Page 166, Deed Records of Johnson County, Iowa,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$2,600 represented by a no interest Life Lien recorded in the Office of the Johnson County
Recorder's Office on June 13, 1989, in Book 1063, Page 312.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said recorded documents.
CITY OF IOWA CITY, IOWA
A]-rEST:
STATE OF IOWA )
) SS.
JOHNSON COUNTY )
On this '7 ~ day of '~)o~,~J~..P , A.D. 19 9_-5 , before me, the
undersigned, a Notary Public in and for said County, m said State, personally appeared Susan
M. Horowitz and Madan K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority of its
City Council, as contained '~esolution No.~-3~, adopted by the City Council on the .2__2 day
~/lo,,~,~-.- , 19_~.; and that the said Susan M. Horowitz and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
RESOLUTION NO. 95-317
RESOLUTION AFFIRIVllNG THE INTENT OF THE CITY OF IOWA CITY TO
COIViPLY WITH THE PROVISIONS OF THE SENSITIVE AREAS ORDINANCE.
WHEREAS, the adopted "Iowa City: Beyond 2000" vision statement calls for the City to
aggressively pursue identification and preservation of environmentally sensitive areas and,
where appropriate, to reestablish natural areas; and
WHEREAS, the Sensitive Areas Ordinance is intended to identify and protect environmentally
sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric
soils, prairie remnants and archaeological sites; and
WHEREAS, the City of Iowa City is aware that public projects, such as infrastructure
development, can profoundly impact environmentally sensitive areas; and
WHEREAS, the City of Iowa City desires to abide by the rules it adopts to protect
environmentally sensitive features and encourage other public bodies to do so as well.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The Council hereby instructs City departments and any contractors hired by the City
to comply with the provisions of the Sensitive Areas Ordinance. Should the City
Manager conclude that a deviation from this instruction is required in order to execute
other Council policies, the Manager shall seek and obtain formal Council approval.
The City of Iowa City encourages other public bodies, such as the Iowa City
Community School District, The University of Iowa, Johnson County, and the Federal
Government, to consider compliance with the Sensitive Areas Ordinance for their
development projects within Iowa City.
Passed and approved this 7th day of
,1995.
ATTEST:
roved by
C~ty Attorney s Office,/_
ppdadml~,$aocompl res
Resolution No. 95-317
Page 2
It was moved by ?t~ott .. and seconded by
adopted, and upon rol~ call there were:
Throgmorton the Resolution be
. AYES: NAYS: ABSENT:
x
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO.
RESOLUTION AFFIRMING THE INTENT OF THE CITY OF IOWA CITY
COMPLY WITH THE PROVISIONS OF THE SENSITIVE AREAS
WHEREAS, the adopted "Iowa City: Beyond 2000" vision statement
aggressivXe.!y pursue identification and preservation of environmentall,
where ~riate, to reestablish natural areas; and
for the City to
areas and,
WHEREAS
sensitive
soils, prairie
.nsitive Areas Ordinance is intended
including wetlands, stream corridors,
md archaeological sites; and
protect environmentally
wooded areas, hydric
WHEREAS, the
development, can
Iowa City is aware that projects, such as infrastructure
Jndly impact environment sensitive areas; and
WHEREAS, the City of ~wa City desires
environmentally sensitive ~tures and enc~
abide by the rules it adopts to protect
other public bodies to do so as well.
NOW, THEREFORE, BE IT ILVED
IOWA THAT:
CITY COUNCIL OF THE CITY OF IOWA CITY,
The Council hereby instrue
to comply with the
Manager conclude that
other Council policie~
resolution) prior to
Citv departments and any contractors hired by the City
of the Sensitive Areas Ordinance. Should the City
,n from this instruction is required in order to execute
.~r shall seek and obtain formal Council approval (by
such eviation.
The City of Io~
Community Sc
Government,
develc
City encoura other public bodies, such as the Iowa City
District, The ;ity of Iowa, Johnson County, and the Federal
consider compliance ith the Sensitive Areas Ordinance for their
ects within Iowa City.
Passed and appr this
day of ,1995.
ATTE
CITY CLERK
MAYOR
~roved by
Attorney's Office
RESOLUTION NO.
RESOLUTION AFFIRMING THE INTENT OF THE CITY OF CITY TO
COMPLY WITH THE PROVISIONS OF THE SENSITIVE AREAS ~ANCE.
WHEREAS, the adopte,
aggressively pursue
where appropriate, to
'Iowa City: Beyond 2000" vision statem~
~on and preservation of environmet
~blish natural areas; and
calls for the City to
sensitive areas and,
WHEREAS, the Sens
sensitive features,
soils, prairie remnants and
Ordinance is intended to ider
lands, stream corridors,
ical sites; and
and protect environmentally
slopes, wooded areas, hydric
WHEREAS, the City of'Iowa City :knowledges th~
ordinance requirements; and
~ublic entities are exempt from local
WHEREAS, the City of Iowa City
development, can profoundly impact
)ublic projects, such as infrastructure
sensitive areas; and
WHEREAS, the City of Iowa City
environmentally sensitive features and el
to abide by the rules it adopts to protect
other public bodies to do so as well.
NOW, THEREFORE, BE IT RESOLVED
IOWA THAT:
CITY COUNCIL OF THE CITY OF IOWA CITY,
The City of Iowa City
Areas Ordinance.
intent ~ comply with the provisions of the Sensitive
o
The City of Iowa City
of Iowa and Johnsc
Ordinance for their
County, to
,velopment projects
public bodies, such as the University
compliance with the Sensitive Areas
in Iowa City.
Passed and approved thi~
day of
,1995.
MAYOR
A
ATTEST:
CITY CLERK
Suggested Language for SNA Resolution
"Council hereby instructs city departments and any contractors hired by
the city to comply with the provisions of the Sensitive Areas Ordinance.
Should the City Manager conclude that a deviation from this instruction
is required in order to execute other Council policies, the Manager shall
seek and obtain formal Council approval (by resolution) prior to initiating
such deviation."
SUMMARY OF WETLAND BUFFER REQUIREMENTS OF OTHER COMMUNITIES
(Those reviewed by staff in preparing the Sensitive Areas Ordinance)
Olympia, WA
Mahtomsdi, MN
Windsor, CT
Meridian Township (0kemos, MI)
Schaumburg, IL
Auburn, IN
Southfield, MI
Minnetonka, MN
Groese Isle, MI
Waterford, CT
Town of Yorktown, NY
West Bloomfield Township, MI
Hillsborough Counw, FL
Bellevue, WA
King County, WA
Low Intensity High Intensity
Class I 200' 300'
Class II 100' 200'
Class III 50' 100'
Class IV 25' 50"
75' setback for buildings
100' setback for septic
(Other activities, including construction of accessory
buildings, are allowed in up to % of building setback.
Defines "regulated activity" as anything occurring
within 100' of wetland, then sets forth permitted
uses & procedures for approval of certain activities
within this area.
40' (greater than 1 acre)
20' (less than 1 acre)
Reductions possible.
Special use permit required for activities within 100'.
25' setback for structures for wetlands 5 acres or
greater in size.
25'
35' setback, soma structures allowed to encroach.
25'
50' for septic systems
Provisions for city to require increased setbacks in
addition to those in zoning ordinance, but no
maximum or minimum identified.
Wetlands over 1 acre: 100'
Wetlands less than 1 acre:
wetland (min 50', max 100'}
½ the width of the
25'
none
Type A: 50'
Type B: 25'
Class 1: 100'
Class 2: 50'
Eugene, OR
Portland, OR
New Hanover
Chanhassen, MN
Sun Prairie, WI
Cottage Grove, MN
(Miesippi River Corridor Critical
Area Overlay)
Class 3: 25'
[~lu, 15' building setback,
H~gh value: 100' {§0' if standard?~are met)
Moderate: 50' (25' if standa~§ are met)
Low (agr.): none . J
(10% reduction also possi/~
25'
Group I resourcae.~//1.,0~0,'
Group 2 resourc~ 75'
Group 3 resources: 50'
Group 25'
Buffer Setback
Pristine: 50' average 100'
Natura 20' average 40'
10' average 40'
+ setback)
buffer widths encouraged to appear more
with average width meeting minimum listed
150'
for septic systems.
Regulates
is required.
uses and those
greater than 5 acres. No buffer
ordinance just sets forth permitted
Jiring a special use permit.
I00' setback from
waterbody.
water mark of any
Eugene, OR
Portland, OR
New Hanover County, NC
Chanhassen, MN
Sun Prairie, Wl
Cottage Grove, MN
(Miesippi River Corridor Critical
Area Overlay)
Class 3: 25'
(plus 15' building setback)
High value: 100' (50' if standards are met)
Moderate: 50' (25' if standards are met)
Low (agr.): none
(10% reduction also possible)
25'
Group 1 resources: 100'
Group 2 resources: 75'
Group 3 resources: 50'
Group 4 resources: 25'
Buffer Setback
Pristine: ,50' average 100'
Natural: 20' average 40'
AglUrban: 10' average 40'
(buffer + setback)
(varied buffer widths encouraged to appear more
natural, with average width meeting minimum Ilsted
above.)
150' setback for septic systems.
Regulates wetlands greater than 5 acres. No buffer
is required. The ordinance just sets forth permitted
uses and those requiring a special use permit.
100' setback from normal high water mark of any
waterbody.
RESOLUTION NO. ~
RESOLUTION APPROVING FINAL PLAT OF KENNEDY'S WATERFRONT
ADDITION, PART THREE, IOWA CITY, IOWA. .~
WHEREAS, the owners, Paul M. & Mary F. Kennedy and Southgate Development Company, ~ ~/~ I
filed with the City Clerk the final plat of Kennedy's Waterfront Addition, Part Three, Iowa City,
Johnson County, Iowa; and
WHEREAS, said subdivision is located cn the following-described real estate in Iowa City,
Johnson County, Iowa:
Commencing at the Northeast Corner of Section 22, Section 79 North, Range
6 West, of the Fifth Principal Meridian; Thence S89°32'O0"W, (A RECORDED
BEARING), 2604.28 feet, to a Point on the West Right-of-Way line of the
CRANDIC Railway Co. (formerly the Chicago, Rock Island and Pacific Railroad),
and the Northeast Corner of Lot 1, of Kennedy's Waterfront Addition, Part One,
in accordance with the plat thereof Recorded in Plat Book 22, at Page 56, of
the Records of the Johnson County Recorder's Office; Thence N89°22'49"W,
along the North Line of said Lot 1, the Westerly Projection thereof, and the
Northerly Line of Lot 1, Kennedy's Waterfront Addition, Part Two, in accor-
dance with the Plat thereof Recorded in Plat Book 29, at Page 37, of the
Records, of the Johnson County Recorder's Office, 996.00 feet, to the
Northwest Corner of Said Lot 1, of Kennedy's Waterfront Addition, Part Two,
and the Point of Beginning; Thence S00°27'35"W, along the West Line of Lots
1, 2, 3, and 4, of said Kennedy's Waterfront Addition, Part Two, 380.00 feet,
to the Southwest Corner of said Lot 4; Thence S89°22'49"E, along the South
Line of said Lot 4, 211.98 feet, to the Southeast Corner of Said Lot 4, and a
Point on the Westerly Right-of-Way Line of South Gilbert Street; Thence
Southeasterly, 370.83 feet, along a 5146.16 foot Radius Curve, concave
Northeasterly, whose 370.75 foot chord bears S03°10'27"E; Thence
N89°32'25"W, 535.48 feet, to a Point on the East Line of a 7.33 Acre Tract,
in accordance with the Warranty Deed, Recorded in Deed Book 389, at Page
447, of the Records of the Johnson County Recorder's Office; Thence
NOO°27'35"E, along said East Line, 200.00 feet, Thence N89o32'25"W,
50.00 feet; Thence S00°27'35"W, 94.83 feet; Thence S53° 50'00"W, 102.03
feet; Thence N87°50'O0"W, 440.00 feet, Thence N10° 16'47"W, 17.75 feet;
Thence N01°24'29"E, 363.14 feet; Thence N13°13'OO"E, 187.!7 feet;
Thence N20°24'28"E, 251.69 feet; Thence N19°39'15"E, 152.26 feet;
Thence N24°57'O9"E, 281.99 feet; Thence N17°46'41"E, 341.20 feet;
Thence N08°26'22"E, 351.68 feet; Thence NO0°48'24"W, 232.54 feet, to
a Point on the Southerly Right-of-Way Line of Highway No. 6; Thence
S71°02'40"E, along said Right-of-Way Line, 120.00 feet; Thence
S36°38'09"E, along said Right-of-Way Line, 88.48 feet; Thence S70° 59'59"E,
along said Right-of-Way Line, 250.04 feet; Thence S85°O4'50"E, 99.68 feet;
Thence S02°22'15"E, 419.55 feet; Thence N87°43'30"E, 68.07 feet, to the
Northwest Corner of Lot 12, of Sand Lake Addition, in accordance with the Plat
thereof Recorded in Plat Book 10, at page 23, of the Records of the Johnson
County Recorder's Office; Thence S05° 13'30"E, along the West Line of Said
Lot 12, of Sand Lake Addition, 121.27 feet; Thence S34°27'1 I"W, along the
West Line of Said Lot 12, of Sand Lake Addition, 127.85 feet, to the Northeast
Corner of Lot 9 of said Sand Lake Addition; Thence S52°27'11 "W, along the
West Line of Said Lot 9, 60.OO feet; Thence S82°27'11 "W, along said West
Line, 85.00 feet; Thence S24°27'11 "W, along said West Line, 65.00 feet, to
the Northwest Corner of Said Lot 9, and the Northeast Corner of Lot 8 of said
Resolution No.
Page 2
Sand Lake Addition; Thence S44°27' 11 "W, along the Westerly Line of Said Lot
8, 170.00 feet, to the Northwest Corner of said Lot 8, and the Northeast
Corner of Lot 7 of said Sand Lake Addition; Thence S70°11'24"W, 133.41
feet; Thence S24°01'45"W, 113.86 feet; Thence Sl 1 °25'53"W, 83.96 feet;
Thence S37 °53'34"E, 131.85 feet, to a point on the West Line of Lot 6 of said
Sand Lake Addition; Thence S00°37' 11 "W, along said West Line, 7.36 feet to
the Southwest Corner of Said Lot 6; Thence S89°22'49"E, along the South
Line of Said Lot 6, 277.53 feet, to the Point of Beginning. Said Tract of Land
contains 31.23 acres, more or less, and is subject to easements and restrictions
of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are herebY/authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The City Clerk shall also record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa, at the expense of the owner/subdivider.
Passed and approved this day of , 1995.
ATTEST:
CITY CLERK
p pdadraJn~enne6y3.re$
MAYOR
PHELAN, TUCKER, MULI.I~, BRIGHT & WALKER, L.L.P.
WILLIAM V. PH]~LAN
WILLIAM M. TUCI~R
DAN~L W. BOYL~
CHARLES A. MULLI~'
~i'~IEN R BRIGHT
BRUCE L. WALI<]~R
'I~OMAS H. G;L~MAN
~l~N R. R~GI~'rH~R
GARY J. SCHMrr
MARGARET R %%q~GARDEN
JOHN ]8. BEASL~Y
KIMBI~LY W. BACON
MICHAS'L J. PUGH
ATTORNEYS AT LAW
321 MARKET
P.O. BOX 2150
IOWA CI'I'Y~ IOWA 52244
LOUIS S'rIULMAN (L~08-1982)
FAX:
(319) 35~410~
November 7, 1995
City Council City of Iowa City
Civic Center
410 East Washington Street
Iowa City, IA 52240-1826
Re~ Kennedy's Waterfront Addition Part Three
The undersigned hereby agrees that the time period within
which the City Council must act on the Final Plat of Kennedy's
Waterfront Addition - Part Three shall be extended to November
21, 1995.
SO~LTHGATE DEVELOPMENT COMPANY, INC.
Charles A. Multi Attorne~
RESOLUTION NO. 95-318
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF WINDSOR
RIDGE-PART SIX, A RESUBDIVISlON OF TRACT "A," WINDSOR RIDGE-
PART ONE AND OUTLOT "A," WINDSOR RIDGE-PART THREE, IOWA CITY,
IOWA
WHEREAS, the owner, Arlington L.C., filed with the City Clerk of Iowa City, Iowa an application
for the approval of the preliminary and final plat of Windsor Ridge-Part Six. a resubdivision of
Tract "A," Windsor Ridge-Part One, and Windsor Ridge-Part Three, Iowa City, Johnson County,
Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Tract "A," Windsor Ridge-Part One, Iowa City, Iowa, according to the Plat thereof,
recorded in Plat Book 34, Page 87, Plat Records of the Johnson County Recorder's
Office. and Outlot "A," Windsor Ridge-Part Three. Iowa City, Iowa, according to the Plat
thereof recorded in Plat Book 34. Page 88, Plat Records of the Johnson County
Recorder's Office.
And also:
The Northerly Half of American Legion Road Right-of-Way. Adjacent Southerly to Said
Tract "A," more particularly described as follows:
Beginning at the Southwest Corner of Tract "A," of Windsor Ridge-Part One, in
accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records
of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly
Line of said Tract "A," 106.08 feet; Thence Northeasterly, 33.67 feet, along said
Southerly Line, on a 20.00 foot radius curve concave Northwesterly, whose 29.83 foot
chord bears N64°06'O5"E; Thence Southwesterly, 19.65 feet, along the Southerly
Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius
curve, concave Northwesterly, whose 19.64 chord bears S19°06'05'~N; Thence
S22°19'27'~N, along said Southerly Projection, 72.64 feet, to its intersection with the
Centerline of American Legion Road; Thence N67°40'33'~/, along said Centerline,
98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said
Tract "A"; Thence NO0°12'02'~/V, along said Southerly Projection, 75.78 feet, to the Point
of Be§mn~ng. Said Tr~ ct of Land contains 0.18 Acres, more or less.
Said Resultant Total Tract contains 7.80 Acres, more or less, and is subject to
easements a,~d restricbons of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and
recommended approval; and
WHEREAS. the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said final plat and subdivision be accepted and approved;
and
Res. No. 95-318
Page 2
2
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter
354, Code of Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the
final plat after passage and approval by law. The City Clerk of the City of Iowa City
shall then record the legal documents and the plat at the office of the County Recorder
of Johnson County, Iowa, at the owner's expense.
Passed and approved this 7~-h day of Novernh~
, 1995.
CITY'CLERK '
It was moved by pi~t t and seconded by
be adopted, and upon roll call there were:
Novick the Resolution
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO, 95-319
RESOLUTION OF INTENT TO CONVEY 1926 AND 1946 BROADWAY, ALSO
DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN CENTER, IOWA CITY,
IOWA, TO THE HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP),
AND SETTING A PUBLIC HEARING FOR NOVEMBER 21, 1995
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 12, 1995 the Iowa City Housing Authority considered and passed
Resolution #95-272 approving the disposition plan to sell 1926 and 1946 Broadway, also
described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the recorded
plat thereof, to the Hawkeye Area Community Action Program (HACAP) for the purpose of
establishing 18 transitional housing units; and
WHEREAS, HACAP has agreed to purchase the property on contract for the sum total of
$750,000.00, the appraised value of the property; and
WHEREAS, the participants of the Public Housing assistance programs and the Citizens of
Iowa City would benefit from the proposed disposition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
The City Council does hereby declare its intent to convey its interest in 1926 and 1946
Broadway, also described as Lot 2 of Block 2 Braverman Center, to the Hawkeye Area
Community Action Program (HACAP) on contract for the sum of $750,000.00 for the
purpose of establishing 1 8 transitional housing units
A public hearing on said proposal should be and is hereby set for November 21, 1995,
at 7:30 p.m. in the Council Chambers of the Civic Center, 410 East Washington
Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause
notice of public hearing to be published as provided by law.
Passed and approved this 7th
CITY CLERK
day of November , 1995.
33 fC
Resolution No. 95-319
Page 2
It was moved by ~n.,~.~ and seconded by p~g~r~
adopted, and upon rol~ call there were:
the Resolution be
· AYES: NAYS: ABSENT: ABSTAIN:
Baker
. Horowitz
Kubby x
, Lehman
Novick
· Pigott
Throgmorton
RESOLUTION NO.
RESOLUTION OF INTENT TO CONVEY 1926 AND 1946 BROADWAY, ALSO
;CRIBED AS LOT 2 OF BLOCK 2 OF BRAVERIVlAN CENTER, IOWA CITY,
TO THE HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP),
SETTING A PUBLIC HEARING FOR SEPTEMBER 26, 1995
WHEREAS
Authority;
City Council of the City of Iowa City functions as the
City Housing
WHEREAS on
Resolution
described as Lot 2
plat thereof, to the
establishing 1
mber 12, 1995 the Iowa City Housing
approving the disposition plan to sell 1 926
Block 2, Braverman Center, Iowa City, Iow~
Area Community Action Prol
al housing units; and
and passed
1946 Broadway, also
~g to the recorded
forthe purpose of
WHEREAS, HACAP has
$750,000.00, the aPl
to purchase the
of the property; ant
contract for the sum total of
WHEREAS, the participants
Iowa City would benefit from
~e Public Housing
)osed dispo.~
;istance programs and the Citizens of
NOW, THEREFORE, BE IT HEREBY
that:
;OLVED E
-- CITY COUNCIL OF IOWA CITY, IOWA,
The City Council c
Broadway, also described as Lot
Community Action Program {H
purpose of establishing 18 tr
s intent to convey its interest in 1926 and 1946
Block 2 Braverman Center, to the Hawkeye Area
on contract for the sum of 9750,000.00 for the
housing units
A public hearing on said )sal ~e and is hereby set for November 21, 1995,
at 7:30 p,m, in the Co~ Cha the Civic Center, 410 East Washington
Street, Iowa City, and that the Clerk be and is hereby directed to cause
notice of public to be published as ,rovided by law.
Passed and approv/
ATTEST:~cLERK
day of ,1995.
MAYOR
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of Iowa City
will hold a public hearing on the 21st day of November,
1 995, at 7:30 p.m. in the Council Chambers of the City of
Iowa City, 410 E. Washington Street, Iowa City, Iowa,
regarding the intent to convey its interest in 1 926 and 1946
Broadway, also described as Lot 2 of BlocI~ 2, Braverman
Center, Iowa City, iowa, according to the recorded plat
thereof, to the Hawkeye Community Action Program
(HACAP).
Persons interested in expressing their views concerning this
matter, either verbatly or in writing, will be given the
opportunity to be heard at the above-mentioned time and
place.
g:\sar ah~landuse~br dwa¥.nph
RESOLUTION NO. 95-320
A RESOLUTION APPROVING THE FINAL JOBS TRAINING AGREEMENT BETWEEN
KIRKWOOD COMMUNITY COLLEGE AND NATIONAL COMPUTERS SYSTEMS, INC.
WHEREAS, the City of Iowa City, Iowa ("Iowa City") and Kirkwood Community College, Cedar
Rapids, Iowa ("Kirkwood"), have entered into a "Joint Agreement of Communication and
Cooperation with Respect to Allocation and Division of Property Taxes for Industrial New Jobs
Training Programs" ("Agreement"), and
WHEREAS, the Agreement requires City Council approval of any final agreement for an
Industrial New Jobs Training Program, which utilizes incremental property taxes as a funding
source, prior to execution of the final agreement between Kirkwood and the employer, and
WHEREAS, Kirkwood Community College plans to enter into a final "Industrial New Jobs
Training Agreement" ("Training Agreement") with National Computer Systems, Inc. for a jobs
training program, which utilizes incremental property taxes as a funding source, and
WHEREAS, the City Council has reviewed the Training Agreement and finds it in the public
interest to utilize incremental property taxes as a funding source for the jobs training program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
It is in the public interest of the City of Iowa City to encourage economic development
by utilizing incremental property taxes as a funding source as outlined in the final
Training Agreement between Kirkwood and National Computer Systems, Inc. dated as
of~'lovembel~ 9,1995, and said training agreement, a copy of which is attached hereto
and incorporated herein, is hereby approved.
o
The Mayor and City Clerk are hereby authorized and directed to certify this resolution
approving the Final Training Agreement between Kirkwood Community College and
National Computer Systems.
Passed and approved this 7th day of No,/ernher , 1995.
Resolution No. 95-320
Page 2
It was moved by [,ehman and seconded by
adopted, and upon rol~ call there were:
KubbY
. AYES: NAYS: ABSENT:
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
ATTACHMENT
A I"
JOBS TRAINING AGREEMENT
Jobs
Iowa City had 627 regular positions on October 28, 1993, the dam of the preliminary
agreement.
There will be 170 new positions created in Iowa City by October 28, 1995. In fact,
all jobs were created by October 28, 1994.
The number of new positions and average salary by job classification are listed below:
94 Exempt Positions
45 Software Developers ($37,000)
14 Technical Writers ($31,000)
13 Customer Service Representatives ($28,000)
3 Operations Representatives ($28,000)
3 Human Resource Representatives ($40,000)
3 Project Directors ($32,000)
2 Financial Analysts ($33,000)
2 Business Development Managers ($68,000)
2 Project Managers ($69,000)
1 Contract Analyst ($52,000)
1 Contract Manager ($62,000)
1 Facility Manager ¢67,000)
1 Software Manager ($63,000)
1 User Support Analyst ($23,000)
1 Director, Human Resources and Administration ($85,000)
1 Systems Administrator ($32,000)
Jobs Training Agreement
Page 2
76 Non-Exempt Positions
33 Information Specialists ($8.56 per hour)
7 Senior Processing Coordinators ($9.89 per hour)
6 Material Handlers/Packaging Operators ($8.12 per hour)
6 Production Clerks ($7.27 per hour)
4 Computer Operators ($8.41 per hour)
3 Quality Assurance Clerks ($7.66 per hour)
3 Accounting Clerks ($8.26 per hour)
3 Proposal Coordinators ($8.94 per hour)
2 Word Processing/Graphics Operators ($10.00 per hour)
2 Input/Output Clerks ($7.96 per hour)
2 Programmer Aides ($8.55 per hour)
2 Data Entry Operators ($7.06 per hour)
1 Proof Operator ($8.47 per hour)
1 Secretary ($9.27 per hour)
1 Product Line Aide ($8.46 per hour)
INDUSTRIAL NEW JOBS
TRAINING AGREEMENT
between
KIRKWOOD COMMUNITY COLLEGE
Cedar Rapids, Iowa ("Kirkwood")
and
NATIONAL COMPUTER SYSTEMS, INC.
("Employer")
Dated as of November 9, 1995
Relating to
91,640,000
Kirkwood Community College,
Cedar Rapids, Iowa
Industrial New Jobs Training Certificates
(National Computer Systems, Inc. Project)
INDUSTRIAL NEW JOBS
TRAINING AGREEMENT
This Industrial New Jobs Training Agreement (the "Agreement") made and entered into as of
November 9, 1995, between KIRKWOOD COMMUNITY COLLEGE, (Merged Area X), Cedar Rapids,
Iowa, ("Kirkwood") and NATIONAL COMPUTER SYSTEMS, INC., ("Employer"), under the following
circumstances:
A. Pursuant to the Iowa Industrial New Jobs Training Act, Iowa Code Chapter 260E,
Kirkwood and Emplover have determined to enter into this Agreement for purposes of establishing a
Project to educate and train certain persons employed by Employer in new jobs within the Merged Area.
B. Kirkwood and Employer each have full right and lawful authority to enter into this
Agreement and to perform and observe the provisions hereof on their respective parts to be performed
and observed.
NOW, THEREFORE, in consideration of the premises and the mutual representations and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE
DEFINITIONS
Section 1.1. "Act" means the Iowa Industrial New Jobs Training Act, Iowa Code Chapter
260E, as ~t may be amended from time to time, and the regulations issued thereunder by the Iowa
Department of Economic Development as the regulations may be amended from time to t~me.
Section 1.2. "Certificates" means Kirkwood Community College Industrial New Jobs Training
Certdicates authorized to be issued pursuant to the Resolution for purposes of funding the Program
Costs.
Section 1.3. "Debt Service" shall mean the payment of the principal and premium, if any, and
interest on the Certificates in accordance with the Resolution and the terms of the Certificates.
Section 1.4. "Incremental Property Taxes" means incremental property taxes, as defined in
Section 260E.4 of the Act, to be received or derived from Employer's Taxable Business Property where
new jobs are created as a result of the Project.
Sechon 1.5. "New Jobs W~thholding Credits" means the new jobs credit from withholding,
as defined in Section 260E.5 of the Act, paid to Kirkwood by Employer.
Sechon 1.6. "Person" shall include, but not be limited to, individual, corporate, government
or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any
other legal entity.
Section 1.7. "Program Costs" means all necessary and incidental costs of providing Program
Services for the Project including the Debt Service and the deferred costs of Certihcate issuance.
Attached hereto as Exhibit "B" and incorporated herein by this reference is a tentabve budget relating
to the Project.
Section 1.8. "Program Services" for the Project are as tentatively set forth on Exhibits "B"
and "C" attached hereto and incorporated herein by this reference. Exhibit "C" sets forth the number
of new jobs to be trained, the expected beginning and ending date of the training to be provided, the
length of time each new job category will be provided training, the estimated costs, the training that
will be provided and the expected date by which the number of new jobs will be filled.
Section 1.9. "Project" shall consist of this training arrangement to provide Program Services
pursuant to this Agreement w~th respect to Employer's employees to be employed by Employer ~n new
jobs at the Project Site in Iowa City, Johnson County, Iowa.
Section 1.10. "Project Fund" means a special fund of Kirkwood into which a portion of the
proceeds from the issuance and sale of the Certificates shall be deposited and which shall be used to
pay Program Costs and for no other purpose.
Section 1.1 1. "Project Site" means the reel estate (including improvements constructed or to
be constructed thereon) descnbed in Exhibit "A", attached hereto and incorporated herein by reference,
where Employer's facility. where new jobs will be created, is located.
Section 1.12. "Reserve" means a portion of the proceeds from the issuance and sale of
Certificates to be used from time to t~me to satisfy Debt Serwce when due.
Section 1.13. "Resolution" means the Resolution or Resolutions authorizing the ~ssuance of
Industrial New Jobs Traimng Cert~f.cate~ adopted by Kirkwood in connecbon w~th the Project.
Section 1.14. "Revenue Fund" means the special tax fund created in the Resolution m order
to pay the p,incipal of ar'd interest on Certificates issued in connection with the Project.
Section '1.15. "Taxable Bus~ness Property" means the Project S,te.
Section 1.16. "Training" means the Program Services exclusive of adm~mstrative fees for the
new jobs training program, Kirkwood's legal, unde;writing and financial fees, allowable discount, other
costs associated with the Certificates, and the Reserve.
Other terms used ~n this Agreement shall have the meanings set out in the Act.
ARTICLE II
PROJECT; PROGRAM SERVICES
Section 2.1. Kirkwood agrees to provide the Program Serwces to the extent of funds
available for that purpose in the Project Fund. It is understood and agreed that Employer and Kirkwood
w~11 cooperate in the coordinabon and programming of the specific expenditures and operation of the
Project within the guidelines set out in this Agreement and Exhibits "B" and "C". K~rkwood may, in ~ts
d~scret~on, subcontract with other entities or persons to provide all or part of the Traimng. It ~s
understood and agreed that the Training set forth on Exhibit "C" is tentative and ~s subject to change,
w~thin the budget for the Project, upon the mutual agreement of Kirkwood. acting through its
appropriate officials, and Employer.
Section 2.2. K~rkwood and Employer agree that all necessary and incidental costs, including
but not hm~ted to Program Costs and Debt Service and related costs may be pa~d from one or a
-2-
combination of the following sources: (a) New Jobs Withholding Credits, (b) Incremental Property
Taxes, and (c) tuition, student fees, or special charges fixed by the Board of Directors of Kirkwood to
defray Program Costs in whole or in part. New Jobs Withholding Credits and Incremental Property
Taxes shall be placed in the Revenue Fund established in the Resolution and used exclusively for
purposes of the Project. Tuition, student fees or special charges, if any, shall be placed in the Project
Fund and used exclusively for purposes of the Project. Kirkwood and Employer agree that Employer's
Taxable Business Property includes its current and future interest in the Project Site. Employer
acknowledges that it is not relying on any representations of Kirkwood, its agents or attorneys, that
the foregoing, in fact or law, constitutes Employer's Taxable Business Property under the Act.
Section 2.3. Kirkwood and Employer agree that the receipts from the New Jobs Withholding
Credits and the Incremental Property Taxes, and the Revenue Fund into which the same are paid may
be irrevocably pledged by Kirkwood for the payment of the Debt Service. Attached hereto as Exhibit
"D" is a tentative payment schedule for the Certificates. Following issuance and sale of the Certificates
a final payment schedule, if different from Exhibit" D", shall be prepared using the actual rates of
interest and maturities for the Certificates. Such final payment schedule, if prepared, shall become a
part of this Agreement, as Exhibit "D", w~thout further action by Employer or Kirkwood and shall
supersede the Exhibit "D" attached hereto. A copy of such final payment schedule shall be provided
to Employer.
Section 2.4. The term of this Agreement shall not exceed ten (10) years and shall coincide
with the period of time over which the Certificates mature and the Program Costs are deferred;
prowtied, that this Agreement shall not terminate and the obligations, representations, warranties,
covenants and agreements of Employer hereunder shall continue unhl the Certificates, if any, issued
in connection with the Project shall have been paid in full.
Section 2.5. Kirkwood may revise or expand the Traimng from time to time with the consent
of Employer; provided that no revision shall be made which would change the Project to purposes other
than purposes permitted by the Act.
Section 2.6. The CerQficates wdl be issued pursuant to the Resolution adopted by the Board
of Directors of K~rkwood in the aggregate principal amount, bearing interest (at a rate to be determined
at the time the Certificates are authorized to be issued), maturing, and being redeemable as set forth
in the Resolution.
The proceeds from the sale of the Certificates shall be paid to K~rkwood and deposited in the
Project Fund or other fund established by K~rkwood. The Project Fund shall be used only for purposes
of the Project. Pending d~sbursements for Program Services and Program Costs, the proceeds so
deposited in the Project Fund. together with any investment earnings thereon, shall be subject to a lien
in favor of the holders of the Certificates as provided in the Resolution authorizing the Certdicates.
Sechon 2.7. In the event Certificates are not issued or sold by K~rkwood, Employer agrees
to pay to Kirkwood a sum equal to the necessary and incidental costs, not in excess of $15,000,
actually incurred by Kirkwood which would have been paid from the proceeds of the Certificates, or
the funds available from the sources described in Sections 2.2 and 3.4 of this Agreement if the
Certificates had been issued by Kirkwood.
Section 2.8. Investment earnings from any source on moneys deposited in the Project Fund,
Revenue Fund or any other fund shall be regarded as revenues of the Project and be used for payment
of the Debt Service or such other uses authorized by the Resolution.
-3-
Section 2.9. Employer certifies that the number of jobs, including formerly existing jobs, on
its payroll in iowa is six hundred twenty-seven (627) as of October 28, 1993. Employer further
certifies that the number of jobs, including formerly existing jobs, on its payroll with respect to the
Project is six hundred twenty-seven (627) as of the date set forth in the preceding sentence.
Section 2.10. The administrative fee of Kirkwood and the state administrative fee shall be the
administrative fee of Kirkwood and the state administrative fee, respectively, determined as of the date
or dates of issuance of the Certificates. The administrative fee m effect for this Agreement is 14.54%
of the face amount of the Certificates. In addition, the necessary Reserve shall be determined as of
the date or dates of issuance of the Certificates. The amount of money to be provided for Training shall
be adjusted to reflect changes in the foregoing fees and necessary Reserve.
ARTICLE III
PAYMENTS; SECURITY
Section 3.1. Employer agrees to timely pay or cause to be paid the property taxes on the
Taxable Business Property and agrees to timely pay the New Jobs Withholding Credits to K~rkwood.
Section 3.2. Kirkwood agrees that the Revenue Fund shall be pledged for the payment of the
Debt Service.
Section 3.3 The payments required to be made by Employer hereunder, including but not
limited to the New Jobs Withholding Credits, are a statutory lien, pursuant to Iowa Code Section
26OE.3(5), upon Employer's business property until paid and have equal precedence with ordinary
taxes, and shall not be divested by a judicial sale (except as otherwise provided by Iowa law). Property
subject to this hen may be sold for sums due and delinquent at a tax sale, with the same forfeitures,
penalties and consequences as for the nonpayment of ordinary taxes. The purchaser at any such tax
sale shall obtain the property subject to the remaining payments.
K~rkwood and Employer acknowledge that provisions with respect to perfection of the lien are
set forth in 1993 Iowa Acts, Chapter 180, Division VIII. Kirkwood agrees that unless it obtains e~ther
an ~nstrument affecting real estate or uniform commareal code financing statement(s), or both,
executed by or on behalf of Employer, it will provide Employer with written notice within twenty (20)
days of perfecting the hen.
The parties understand that if K~rkwood perfects the hen m any manner the lien will be
subordinate to any security interest in Employer's business property perfected as of the date of
perfection of the lien.
Nothing contained herein shall abrogate the collection of. or any lien for, unpaid property taxes
which have attached to real estate pursuant to Iowa Code chapter 445, including taxes levied against
tangible property that is assessed and taxed as real property pursuant to Iowa Code chapter 427A, or
the collection of, or any hen for. unpaid taxes for which nohce of lien has been property recorded or
bled pursuant to Iowa Code section 422.26.
Section 3.4. This Agreement is entered into upon the expectation that, as set forth m Exhibit
"D", sufhcient funds from Incremental Property Taxes and New Jobs Withholding Credits will be
generated to pay the Debt Service. Employer and Kirkwood have designed the Project to fit within the
funds expected to be available from the sources of payment set forth in Section 2.2. Exhibit "D" sets
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forth the minimum annual amount of Incremental Property Taxes, New Jobs Withholding Credits or
tuition and fee payments to be paid for Program Costs. Employer's projections of gross wages to be
paid to employees in new jobs covered by this Agreement, the estimated assessed value of Project Site
improvements are set forth in Exhibit "E" attached hereto and incorporated herein.
Section 3.5. If for any reason, other than failure of employees of Kirkwood to perform their
duties regarding custody of the funds in the Project Fund or the Revenue Fund or to account for funds
in the Project Fund or Revenue Fund, the funds in the Project Fund or the Revenue Fund are not
sufficient to satisfy the Program Costs, other than costs of Training, Employer, upon written notice that
the funds in the Project Fund or the Revenue Fund are not sufficient, will, nonetheless, advance to
Kirkwood such amounts as may, from time to time, be required to satisfy the Program Costs. If
Employer should advance any amount under this Section, it shall not be entitled to any abatement,
diminution or postponement of other payments required; provided, however, to the extent permitted
by law, Employer will be entitled to payment of amounts advanced, without interest, from the Project
Fund or the Revenue Fund when Kirkwood determines that a surplus exists and that such surplus ~s not
needed to satisfy other Program Costs and the Debt Service has been paid in full. Any such
advancements received or to be received from Employer under this Secbon shall not be pledged to
payment of the Certificates under the Resolution. The notice required hereunder shall specify the date,
not less than twenty (20) days from the date of the notice, by which Emplover ~s to make the
necessary advance; provided, however, in the absence o! such date specified in the norma, the advance
shall be due w~thin fifteen (15) days of the date of the notice. The obhgation of Emp!oyer hereunder
shall be primary and Kirkwood may proceed against Employer without proceeding against or exhausting
any other remedies which it may have and without resorting to any other security hetd by K~rkwood.
Any payment made bv the Employer under this Section shall be used by K~rkwood solely to d~scharge
Program Costs.
Section 3.6. Kirkwood and Employer acknowledge that Employer has regular employees and
temporary employees. The number of existing jobs and the new Jobs to be created relate solely to
regular employees and do not include any employment positions filled by temporary employees. No
existing employment positions considered to be temporary are included ~n thin Agreement as new jobs.
The understanding of the parties is that temporary employment positions w~ll continue as necessitated
by Employer's business.
Employer hereby agrees to annually provide K~rkwood with the total number of hours worked
by employees in temporary positions m Iowa and Employer's total payroll for employees m temporary
positions in Iowa during the reporting period of November 1 through October 31 (each such twelve
months hereinofter rorerred to as "Reporting Period"). In the event the total number of hours worked
by such employees in temporary posibons during a Reporting Period is less than 464,366 {the total
number of hours worked by employees in temporary positions in Iowa during the period November 1,
1992 through October 31, 1993) then Kirkwood wdl return to the Iowa Department of Revenue and
F~nance a portion of the New Jobs Credit from Withholding paid by Employer. The amount returned
to the Iowa Department of Revenue and Finance shall be determined by multiplying Employer's average
hourly wage rate for employees m such temporary positions during the applicable Reporting Period by
the shortfall determined by subtracting the number of hours worked by employees m such temporary
positions during the Reporting Period from 464,366 end multiplying the resulting dollar amount by one
and one-half percent.
Employer agrees to provide Kirkwood w~th the total number of hours worked by employees m
temporary positions in Iowa and the total payroll for such employees by December 31 following each
Reporting Period. Employer acknowledges that the amount returned to the Department of Revenue and
Finance may result in Employer being required to make an advance as required under section 3.5.
-5-
Section 3.7. The obligations of the Employer under this Agreement may be fully discharged
and satisfied by the Employer depositing in trust with Kirkwood an amount in cash sufficient, when
invested consistent with federal income tax restrictions applicable to the Certificates, to meet the
outstanding Program Costs as they become due. Such payment shall satisfy in full Employer's
obligations under this Agreement and any and all liens upon Employer's business property which may
have arisen as a result of this Agreement shall be released and discharged.
ARTICLE IV
COVENANTS, REPRESENTATIONS AND WARRANTIES
Section 4.1. Representations of Kirkwood. Kirkwood represents that: {a) it is dulv organized
and validly existing under the laws of the State of Iowa; (b) it is not in violation of or in conflict with
any provisions of the laws of the State which would impair ~ts ability to carry out its obligations
hereunder; {c) it is empowered to enter into the transactions contemplated by this Agreement; and (d) it
will do all things in its power required of it in order to maintain its existence or assure the assumption
of its obhgations hereunder by any successor public body.
Section 4.2. Representations, Warranties and Covenants of Employer. Employer represents,
warrants and covenants that:
(a) It is a corporation organized under the laws of the State of Minnesota and is
authorized to do business in the State of Iowa.
It has full power and authority to execute, dr,~ver and perform this Agreement
and all other instruments given by Employer to secure its p~ .formance and to enter into and
carry out the transactions contemplated herein. Such execution, delivery and performance are
not in contravention of law or Employer's articles of incorporation, bylaws or any indenture,
agreement, mortgage, lease, undertaking or any other restriction, obligation or instrument to
which Employer is a party or by which it is bound. This Agreement has by proper action been
duly authorized, executed and delivered by Employer and all steps necessary have been taken
to constitute this Agreement a valid and binding obligation of Employer.
(c) There is no I~tigation or proceeding pending, or to the knowledge of Employer
threatened. against Employer or any other person affecting in any manner whatsoever the right
of Employer to execute the Agreement or to otherwise comply with its obligations contained
m the Agreement.
(d) The employees to be trained under this Agreement have not commenced work
for Employer prior to the date set forth in Section 2.9, and those employees will be employed
in new jobs in connection with the expansion of Employer's business operatrans in the merged
area. Each of the employees to be trained under the Agreement will be employed directly by
Employer.
(e) To the best of Emp~oyer's knowledge and belief, Employer is an industry, as that
term is defined m the Act, and is engaged in providing services (other than retail, health or
professional services) in ~nterstate commerce.
{f) Each of the jobs covered by this Agreement is a "new job" as that term ~s
dehned in the Act.
-6-
(g) Employer has full legal and equitable title to the Project Site subject only to
mortgages and other interests which are inferior to general property taxes. Employer further
represents that general property taxes on the Project Site which are due and payable as of the
date of this Agreement have been paid. Employer agrees that it will do all acts necessary to
maintain its current interest in the Project Site. Employer further agrees that it will notify
Kirkwood in writing at least thirty (30) days prior to conveying or accepting any offer to sell,
or executing any contract or agreement for the sale or lease of all or part of the Project Site.
Employer specifically agrees that it will not transfer the Project Site to any entity exempt from
taxation or to otherwise remove the Project Site from the tax rolls of the State of Iowa or its
subdivisions.
Employer has personal property at the Project Site which has been and some
of which continues to be assessed and taxed as real property pursuant to Iowa Code Title XVI.
Employer acknowledges that the personal property has been excluded from the operation of the
tax increment financing district to avoid the taxation of Employer's new personal property.
However, the replacement of property which existed as of January 1, 1994, with new personal
property that will not be taxed as real property may reduce the amount of Incremental Property
Taxes and as a result the tax increment financing d~strict may not generate sufficient
Incremental Property Taxes to enable Kirkwood to satisfy the Debt Serwce.
(i) Employer represents and warrants that it is Employer's present intention to use
all of the Project Site in its business operations. Accordingly, during the term of this
Agreement, Employer will not sell, lease, sub!ease or transfer all or any part of the Project Site
to any other Person without the written consent of Kirkwood. Written consent of Kirkwood
shall not be unreasonably withheld, and will take into account such changes in business
circumstances, if any, of Employer that may have occurred s~nce the date of this Agreement.
Written consent may, however, be withheld until such hme as Emplover deposits in trust w~th
Kirkwood an amount, in cash or instrument representing a direct obligation of the United States.
sufficient to meet outstanding P~ogram Costs as they become due, if the sale, lease, sublease
or other transfer will cause the property to be removed from the tax rolls of the State of Iowa
or its subdivisions.
(j} Employer ~s not relying on any representebon of fact or law by Kirkwood, its
agents, its attorneys or Bund Counsel with respect to the availability of Incremental Property
Taxes under Section 26OE.4 of the Act to satisfy the Debt Service on the Certificates.
Employer further represents it knowingly assumes the obligation under Section 3.4 hereof in
the event the sources of payment described in Section 2.2 are not sufficient to satisfy the
Program Costs in fgll. Employer is relying on Kirkwood taking necessary action to receive the
Incremental Property Taxes.
Employer represents that this Agreement is entered into upon the expectation
that the assessed value o! its Taxable Business Property will be ~ncreased by the amount shown
on Exhibit "E". Employer represents, warrants and covenants that (1) neither ~t nor any other
person has taken any action or participated in the taking of any action to cause the valuabon
of the Taxablo Business Property to be assessed for less than its assessed value as of
January 1, 1994, (2) ~t will take all action necessary to cause the Project Site to be assessed
for taxation, and (3) it will take or cause to be taken all acbon Kirkwood determines to be
necessary to the receipt of the Incremental Property Taxes. Employer further represents,
warrants and covenants that it will not take any action nor participate in the taking of any
action that would cause the valuation of its Taxable Business Property to be assessed for less
than the sum of [1) the assessed value of its Taxable Business Property as of January 1 of the
-7-
calendar year preceding the effective date of the resolution of Kirkwood diverting the
Incremental Property Taxes for purposes of the Project or such other value as determined by
the appropriate assessor pursuant to Iowa Code Section 403.19(1 )(c) (1995), which value is
set forth on Exhibit "E," and (2) the assumed increase in valuation of its Taxable Business
Property in the amount shown on Exhibit "E".
Employer's projections of the annual gross wages to be paid by Employer to
employees in the new jobs covered by this Agreement, and the estimated assessed value of
planned improvements to the Project Site are truly and accurately depicted on Exhibit "E".
Employer further represents and agrees that it will make improvements to the Project Site in
accordance with the time schedule set forth on Exhibit "E" and as a result the assessed value
of the Project Site will be increased by the amount set forth on Exhibit :'E". Employer
represents that it understands that the Incremental Value Estimates attached to Exhibit "E" do
not reflect the possible reduction in incremental value caused by the replacement of personal
property described in Subsection 4.2(h)
Im) To the best of Employer's knowledge and belief, the Project Site and Employer's
operations at the Project Site will be in compliance with all applicable federal, state and local
environmental statutes, laws and regulations. Employer will use ~ts best efforts so as not to
conduct its operations at the Project Site, or elsewhere, in such a manner as to allow any
federal, state or governmental liens or encumbrances, to enforce the payment or contribution
for environmental damage, ~njury or cleanup, to be placed on the Project S~te.
(n) Neither Employer nor any other party has made or will make an application with
respect to the Project Site for the partial tax exemption authorized under Iowa Code Chapter
427B or Iowa Code Chapter 404.
ARTICLE V
EVENTS OF DEFAULT
Section 5.1. Events of Default. Each of the following shall be an "event of default":
(a) Employer shall fail to pay, advance or deposit any amount required to be made
by Employer on or prior to the date on which such payment, advancement or deposit is due and
payable and such failure continues for more than five (5) business days after the date notice
~s mailed to Employer in the manner set forth in Section 6.4; provided, however, K~rkwood shall
be excused from giving such notice if a similar notice has been given in the prior twelve (12)
months or Kirkwood reasonably bellDyes an event described m subsect~on (c) below is about
to occur. If the given of such notice is excused, it shall be an event of default if the failure to
make the payment or advance continues for more than five (5) business days after the day such
payment is due..
(b) ' Employer shall fail to observe and perform any other agreement, representation,
term or condition contained in this Agreement, d such failure continues for a period of twenty
(20) days after notice of such failure is given to Employer by Kirkwood, or for such longer
period as Kirkwood may agree to ~o writing; provided, that if the failure is other than the
payment of money and is of such nature that it cannot be corrected within the applicable
period, such failure shall not constitute an event of default so long as Employer institutes
curative action within the applicable period and diligently pursues such action to completion.
-8-
(c) Employer shall: (i) admit in writing ~ts inabihty to pay its debts generally as they
become due; (ii) have an order for relief entered in any case commenced by or against it as a
debtor under the federal bankruptcy laws, as now or hereafter in effect; (iii) commence a
proceeding under any other federal or state bankruptcy, insolvency, reorganization or other
similar law, or have such a proceeding commenced against it and either have an order of
insolvency or reorganization entered against it or have the proceeding remain undismissed and
unstayed for ninety (90) days; (iv) make an assignment for the benefit of creditors; or (v) have
a receiver or trustee appointed for it or for the whole or any substantial part of its property.
Employer shall {i) close or announce that it is closing its operations at the Project
Site (unless such operations will be transferred to another facility m the State of Iowa and as
a result Kirkwood will be entitled to receive the revenue from the sources set forth in
Section 2.2 or receives assurance satisfactory to K~rkwood of the receipt by Kirkwood of
payments to satisfy the Debt Service on the Certificates); or (ill have failed to make
improvements to the Project Site within the time set forth on Exhibit "E" and for that reason
the Project has not or will not generate sufficient Incremental Property Taxes to enable
Kirkwood to satisfy the Debt Serwce from the sources set forth in Section 2.2.
{e) Kirkwood determines from time to time that, for any reason, sufficient realized
or projected revenue from Incremental Property Taxes and/or New Jobs Withholding Credits will
not be generated by the Project to enable Kirkwood to sabsfy the Debt Service from the
sources set forth m Section 2.2.
(f) Any representation or warranty made by Employer herein or any statement in
any report, certificate. financial statement or other instrument furrushed in connection with this
Agreement or w~th the sale of the Certificates shall at any t~me prove to have been false or
misleading in any material respect when made or g~ven.
The exercise of remedies upon the occurrence of any event of default under subsection (c)
above shall be subject to any applicable limitations of federal bankruptcy law affecting or precluding
such exercise during the pendency of or immediately following any bankruptcy, liquidation or
reorganization.
Section 5.2. Whenever an event of default shall have happened and be subsisting, Kirkwood
may, without notice to Employer, withhold Training and suspend payments to Employer, and not less
than five (5) days after mading nobce to Employer in the manner prowdad in Section 6.4, apply all or
a part of any remaining funds budgeted for Training to the satinfaction of the Debt Service on the
Certificates; prowdad however, no notice of the application of funds budgeted for Training shall be
required if the event of default is a failure to advance funds as required in Section 3.5. In addition,
Kirkwood may take whatever other action at law or in equity may appear necessary or desirable to
collect the payments and other amounts then due and thereafter to become due, or to enforce
performance and observance of any other obhgation or agreement of Employer under this Agreement.
Notwithstanding the foregoing, Kirkwood shall not be obhgated to take any step which m its opinion
wdl or might cause it to expend time or money or otherwise incur hability unless and until a satisfactory
indemnity bond has been furnished to Kirkwood at no cost or expense to K~rkwood. Any amounts
collected as payments or applicable to payments and any other amounts whmh would be applicable to
payment of principal of and premium, if any. and interest on the Cerbficates collected pursuant to
action taken under this Sectran shall be paid by K~rkwood to the holders of the Cert~hcates.
Section 5.3. Upon the occurrence of an event of default, K~rkwood may, by written notice
to Employer as prowdad m Section 6.4, declare immediately due and payable to Kirkwood such amount
-9-
as will enable Kirkwood to presently satisfy the remaining Debt Service on the Certificates. Such
amount shall not exceed the total amount of the standby tax levied or required to be levied under
Section 26OE.6 of the Act to satisfy the remaining Debt Serwce on the Certificates determined from
Exhibit "D" prepared in accordance with Section 2.3. No demand or notice of the amount due
immediately upon the occurrence of an event of default is or shall be required to fix the liability of
Employer or the amount due from Emplover. The amount due hereunder from Employer shall be a debt
of Employer to Kirkwood and Kirkwood may set off against the amount due from Employer any debt
or debts of Kirkwood to Employer. Amounts received by Kirkwood hereunder shall not be pledged to
repayment of the Certificates. Any payment made by the Employer shall be used by Kirkwood solely
to discharge Program Costs.
Section 5.4. No remedy conferred upon or reserved to K~rkwood by this Agreement is
intended to be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law, in
equity or by statute. Except as the terms hereof suggest or require, no remedy conferred upon or
reserved to Kirkwood shall be construed as e waiver of any defense available to Employer. No delay
or omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a wawer thereof, but any such right and power may be exercised
from time to time and as often as may be deemed expedient. In order to entitle Kirkwood to exercise
any remedy reserved to it m this Article, it shall not be necessary to give any notice, other than such
notice as may be expressly required harem, nor shall ~t be necessary to make any declaration of an
event of default other than such declaration as may be expressly required herein.
Section 5.5. In the event any agreement contained in this Agreement should be breached by
e~ther party and thereafter waived by the other party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to be a waiver of any other breach hereunder.
Section 5.6. If Kirkwood fails to observe and perform any obligation, term or condition
contained in this Agreement for a period of thirty (30) days after notice of such failure is given by
Employer, or for such longer period as Employer may agree to in writing, such action or omission will
be considered a riofault and Employer may take whatever action, at law or in equity, which may appear
necessary or desirable, to enforce performance and the observance of any obligation or term of this
Agreement; provided, however, the foregoing shall not be construed as a waiver of any defense
available to Kirkwood nor shall the foregoing be construed as an agreement or concession by Kirkwood
to take any action or refrain from taking any action inconsistent with Iowa law governing th~s
Agreement or the operation of Kirkwood.
ARTICLE VI
MISCELLANEOUS
Secbon 6.1. This Agreement may be executed in any number o! counterparts, each of which
shall be regarded as an original and all of which shall constitute but one and the same instrument.
Section 6.2. If any provision of this Agreement, or any covenant, stipulation, obligation,
agreement, act or action, or part thereof made, assumed, entered into or taken thereunder or any
application thereof, is for any reason held to be illegal or invalid, such dlegality or invalidity shall not
affect any other provision or any other covenant, stipulation, obligation, agreement, act or action or
part thereof. made, assumed, entered into, or taken, each of which shall be construed and enforced
as if such illegal or invalid portion were not contained herein. Nor shall such illegality or invalidity of
-10-
any application thereof affect any legal and valid application thereof, and each such provision,
covenant. stipulation, obligation, agreement, act or action, or part shall be deemed to be effective,
operative, made, entered into or taken in the manner and to the full extent permitted by law.
Section 6.3. This Agreement shall be governed exclusively by and construed in accordance
with the laws of the State of Iowa. The applicable provisions of Iowa law, including the Act, are a part
of this Agreement as if set forth herein.
Section 6.4. All notices, requests or other communications hereunder shall be in writing and
shall be deemed to be sufficiently given when mailed by registered or certified mail, postage prepaid,
addressed to the appropriate Notice Address as follows:
Financial Manager
Financial Services
Kirkwood Community College
P.O. Box 2068
6301 Kirkwood Boulevard. S.W.
Cedar Rapids, Iowa 52406
Ms. Vicki Amundson
National Computer Systems, Inc.
P.O. Box 30
Iowa City, Iowa 52244
With a copy to:
Corporate Secretary
National Computer Systems, Inc.
I 1 O00 Prairie Lakes Dnve
Eden Prairie, MN 55344
Employer and Kirkwood may, by notice given hereunder, designate any further or different
addresses or persons to which subsequent notices, requests or other communications shall be sent.
Revisions in the Training set forth on Exhibit "C" and an increase in the number of new jobs
covered by this Agreement shall be approved in wribng by the above representatives of Kirkwood and
Employer, their respective Successors or such other individuals as either party designates in the manner
set forth herein, provided, however, consent of Employer shall not be required for a reduction m
Training following an event of default.
Section 6.5. All covenants, stipulations, obligations and agreements of K~rkwood and
Employer contained in this Agreement shall be effective to the extent authorized and permitted by
applicable law. No such covenant, stipulation, obligation or agreement shall be deemed to be a
covenant, stipulation, obligation or agreement of any present or future member, officer, agent or
employee of Kirkwood or the Board of Directors of Kirkwood other than m their ofhc~al capacity, and
neither the members of the Board of Directors of Kirkwood nor any offic~at, agent or employee of
K~rkwood shall be liable personally on the Certificates or the covenants, stipulations. obligations or
agreements of Kirkwood contained in this Agreement.
Sechon 6.6. This Agreement shall inure to the benefit of and shall be binding in accordance
with ~ts terms upon Kirkwood, Employer and their respecbve permitted successors and assigns provided
-11-
that this Agreement may not be assigned by Employer without the written consent of Kirkwood and
may not be assigned by Kirkwood without the written consent of Employer except as may be necessary
to enforce or secure payment of the Debt Service. Consent of Kirkwood or Employer will not be
unreasonably withheld.
Section 6.7. Employer covenants and agrees that it will not sell, lease, sublease, mortgage
or in any manner dispose of its interest in the facilities described herein or any capital part thereof so
as to remove the same from the tax rolls until satisfaction and discharge of the Certificates unless
Employer provides Kirkwood with assurance, in a form acceptable to and approved by Kirkwood, of
future payments necessary to meet the Debt Service on the Certdicates. Employer further covenants
and agrees to keep the facilities continuously insured against loss or damage by fire, lightening, such
other perils as are covered by standard "extended coverage" endorsements, vandalism and malicious
mischief and containing customary loss deductible provisions.
Section 6.8. Kirkwood agrees to use its best efforts to sell and issue the Certificates, and
Employer will cooperate with Kirkwood to provide necessary financial information in connection with
the sale of the Certificates, provided, however, that financial information to be provided by the
Employer shall be limited to such information the Employer makes evadable to its shareholders. It is
understood and agreed that should the Certificates not be marketed or marketable within a reasonable
hme that this Agreement may be terminated and the Project terminated, provided, however, the
obligeben of Employer under Section 2.7 hereof shall continue following any such termination.
Section 6.9. Employer covenants that it shall take such action or shall refrain from taking any
action as shall be necessary under the internal Revenue Code of 1986. §§ 703, 141-150 and the
ruhngs and regulations thereunder to maintain any exemption from Federal income taxes of the interest
on the Certificates.
Section 6.10. Disbursements to Employer for Program Services under this Agreement shall be
made only upon approval of vouchers therefor by the Board of O~rectors of Kirkwood. Unless an event
of default shall have happened and be subsisting, vouchers or requests for disbursements shall be
submitted to and considered by the Board of Directors on a timely bas~s. Request approved by the
Board of Directors shall be timely paid. Vouchers or requests for disbursements shall be accompanied
by reasonable substantiation for the d~sbursement. Employer agrees that ~t will request disbursements
only for approved Program Services. Employer agrees that it will not request disbursements that are
prohibited by Sections 6.11, 6.12 and 6.13 hereof. Amounts disbursed to Employer shall be
conditional and subject to subsequent verification and audit of the Project. Requests by Employer for
disbursements, including those requests received by K~rkwood, shall not constitute a debt of Kirkwood
to Employer until approved bv the Board of Directors as provided in th~s Section.
Section 6.1 1. No monies disbursed from the proceeds of the Certificates will be used directly
or indirectly to finance land, facdibes or depreciable property (or an interest therein) of Employer or
other private Person.
Section 6.12. No moines disbursed from the proceeds of the Certificates will be used d~rectly
or indirectly for the acquisition of any property {or an interest thereto) unless the first use of such
property is pursuant to such acquisition and such property is owned by Kirkwood.
Section 6.13. No moines disbursed from the proceeds of the Certihcates will be used directly
or indirectly to provide any airplane, skybox or other private luxury box, health club facility, facility
primanly used for gambling or a store the principal business of which is the sale of alcoholic beverages
for consumption off premises.
-12-
Section 6.14. The provisions of this Agreement and the provisions of the Resolution are to be
construed wherever possible so that they will not be in conflict. In the event such construction is not
possible, the provisions of the Resolution shall prevail.
Section 6.15. Employer acknowledges that issuance of the Certificates may be conditioned
on receipt by Kirkwood of an opinion of bond co~Jnsel that interest on all or part of the Certificates is
exempt from federal income tax and that such opinion will be predicated on satisfaction of the
applicable provisions of the Internal Revenue Code of 1986 including, but not limited to, the receipt by
Kirkwood of an allocation of the State of Iowa volume ceiling for the Project.
Section 6.16. Employer acknowledges that pursuant to Section 26OE.6 of the Act, the
Resolution adopted by Kirkwood may authorize the issuance of industrial new jobs training Certificates
to fund Iowa Code Chapter 260E training programs with other employers. Employer acknowledges and
agrees that the industrial new jobs training Certificates issued by Kirkwood to fund training programs
for multiple projects, including this Proiect, will not be identifiable or specifically attributable to this
Project.
References in this Agreement to "Certificates" include a reference to an undivided portion of
industrial new jobs training Certificates issued by Kirkwood to fund training programs for multiple
projects, including this Project. Employer's obligations, covenants and representations set forth herein
with respect to the Certificates are not and shall not be conditioned on the issuance of training
certificates identifiable or specifically attributable to this Project.
Notwithstanding terms or conditions of this Agreement to the contrary, it is the intent of the
Employer and Kirkwood that the Employer shall not be subjected to increased risk, expense, liability or
obligation as a result of the inclusion of multiple projects in the Resolution. Kirkwood agrees that the
proceeds of certificates funding the multiple projects and revenues generated by the multiple projects
shall be accounted for on a project-by-project basis, with each project and Employer clearly identified,
In no event whatsoever, except to the extent attributable to Employer, shall Employer's liabilities or
obligations under this Agreement, including but not limited to the liabilities or obligations under Sections
2.7, 3.5 and 5.3, be increased or affected by a shortfall in revenues under training programs with other
employers, nor by any deficiency, default, act or omission under training programs with other
employers. In no event shall Employer's rights under this Agreement be affected by any surplus in
revenues generated by training programs with other employers.
Section 6.1 7. This Agreement, including Exhibits, constitutes the entire agreement between
Kirkwood and Employer with respect to the subject matter hereof and as such supersedes all previous
negotiations, commitments and understandings. Captions and the alignment of the Agreement are for
convenience only and shale not be construed to modify the rights or obligations of the parties.
-13-
IN WITNESS WHEREOF, Kirkwood and Employer have caused this Agreement to be duly
executed all as of the date hereinabove written.
KIRKWOOD COMMUNITY COLLEGE
Date
ATTEST:
By
Date
NATIONAL COMPUTER SYSTEMS, INC.
P.O. Box 30
Iowa C. it/~lowa 52244
-14-
STATE OF IOWA
) ss:
COUNTY OF LINN )
On this day of , 1995, before me, 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 President of the Board of Directors and the SecretaM, respectively, of KIRKWOOD COMMUNITY
COLLEGE, Cedar Rapids, Iowa, that the foregoing Industrial New Jobs Training Agreement was signed
by authority of the Board; and and
__, as such officers, acknowledged the execution of said instrument to be the voluntary act and
~eed of stud Community College by it and by them voluntarily executed.
Given under my hand and seal of office, this
day of , 1995.
Notary Public in and for the State of Iowa
STATE OF MINNESOTA
couNTY OF
On th,s 3 0th day of October ,1995, before me, a Notary Public in and for the
State of Minnesota. personally appeared Russell A. Gullotti and Michael C.
Brewe:r t,~me ,~ersonallu known who beinn hy me duly sworn did say that they are the
C ira Pr~e "an~ ' V~' e ~Sres[ e t r' iv I T NAL
~le~ ~.~eculf]ve ~f'~c..¢.tend ~n~ C.~n~r~ ~%ouns~] ,espect ey, of NA IO
COMPUTER SYSTEMS, INC., a Minnesota corporation; that
STRIKE > > (no seal has been procured by the said) < <
ONE > > (that the seal affixed thereto is the seal of said) < <
CC;~.C;3t[OP; that the r.'3'e~O'n-~ Industrial New Jobs Traimng Agreement was signed (and sealed) on
behalf of said corporat.on by authority of its 8oardof Directors; and Russell A. Gullotti
__ and Michae 1 C. Brewer . as such officers, acknowledged the execution of said
,nstrument to be the voluntary act and deed of said corporation by it and by them voluntar,ly executed.
G,venunder my hand and seal of ofhce. this 30thdayof October , 1995.
Notary Pub'ic in and for the State of Minnesota
SHARON A. SlMMOND',-
NOTARY P~JBUC - MINNE$OL~
-15-
National Computer Systems, Inc. Project
EXHIBIT "A"
The following described real estate located in Johnson Count,/, Iowa, to-wit:
W 1/2 SW 1/4 Sec. 36-80-6 except that part condemned for highway; tax parcel
63214000, 2510 N. Dodge Street, Iowa City, Iowa
AND
NE 1/4 SW 1/4 Sec. 36-80-6 lying W-ly of Hwy 1 W. ROW L ex. S. 2.9 ac, tax parcel
63215000
NOTE: The tax increment financing district established with respect to the described property (where
the new jobs are created as a result of the Project) includes all of Employer's owned or leased Taxable
Business Property at or on the described property. Employer's Taxable Business Property includes, but
is not limited to, all improvements on the described property but excludes the machinery, equipment
and computers used by Employer which personal property was formerly assessed and taxed as real
property pursuant to Iowa Code Title XVI.
The lien on the business property of Employer created in the agreement includes fixtures located
on the above described property and must be filed for record in the real estate records.
National Computer Systems, Inc, Project
EXHIBIT "B"
Tentative Budget
1. Reserve Account $ 145,O44.OO
2. Issue Costs $ 90.200.00
3. Kirkwood Administrative Fee $ 238,456.00
4. State Administrative Fee $ 16,400.00
5. Training $ 1,149,900.00
TOTAL $ 1,640,000.00
Certificate Issuance
$ 1,640,000.00
The dollar amounts within the line items may fluctuate because of the need to adapt the monies
to specific program costs.
The Debt Service {principal and interest) on the Certificates, to maturity, is $2,240,122.50.
Overview
A.
B.
National Computer Systems, Inc. Project
EXHIBIT "C"
Tentative Training Program
Number of New Jobs
Expected date by which new jobs
will be filled
Estimated Costs of Training
Expected Beginning Date
of Training
Expected Ending Date of Training
On the Job Training
170
October 31, 1995
$ 1,149,900
October 29, 1993
November 30, 1998
On the job training shall be provided for each new job within the guidelines set forth in the
addendum attached hereto. Where the guidelines set forth the total amount of money to be allocated
for on the job training by job title or category, the on the job training will be provided for each new job
in that job title or category on a pro-rata basis unless, within the limits of Iowa law, K~rkwood and
Employer otherwise agree in writing.
The commencement date of on the job training shall be determined by Kirkwood and Employer
for each new job. To the extent funds are available in the Project Fund for payment of on the job
training Kirkwood will pay the on the job training directly to Employer upon such proof, as is required
by Kirkwood, of Employer's actual gross payroll, as defined in the Act, for each of the new jobs for the
period covered by Employer's request for payment of on the job traimng costs.
The on the job training to be provided for each new job shall terminate on the earlier of:
(1) expiration of the full number of weeks set forth in the addenda attached hereto, or (2) the date an
employee filling a new job no longer is employed in the new job; provided, however, Kirkwood and
Employer may agree to extend the on the job training for one or more of the new jobs set forth in the
addenda attached hereto in the event there are unused funds available to provide additional on the job
training within the limits of Iowa law for such new jobs(s).
III. Other Training
Training, other than on the job training, shall be provided within the guidelines of the addenda
attached hereto subject to such changes as Employer and K~rkwood mutually agree to.
iV. Terms of Agreement Controls
This Exhibit "C" is subject to and controlled by the terms of the Industrisl New Jobs Training
Agreement.
V. Addenda
The following addenda are a part of this Exhibit "C".
Exhibi~ C-1
· "Postalone.
l" ~'o Be Tedned
All
All
ArF
All
All
All
Aft
Ag
All
All
All
All
Courses/Seminars {Customized Training)
Non-Managers
Buildin9 a Successful
Training Program On-going
C110? 20 hours
Cos~ Accounling Standards 4 hours
C~tomer ~w~ I 11
Wo~. 94 co~
Cuetour Sew~ 31 1 -h~r
Woeshops - 95 c~rs~
Eas~Classroom hu~ On.g~g
~I for WindiSC 4 hours
Fe~litatlng ~ ~ 16 hours
M~t{ngs I 6 ~urs
F~d~ So~tiom
16 hours
Focus on Costs Workshop 4 horus
LeadershU) ior Ellectwe
Teamwork I8 hours
Needs Analysis & Training
N~w Improyce O~erY~tion 2 hours
PC. Learning Center On-going
Rethinking Stress 16 hours
Sexual P, arassment in the
Workplace 1 .S hours
Soft Dsv & Tech Supp end
Software SeU-Lemqntn9
Courses
On-gohcj
Team Project Management 4 ho~r
Team FToject Menaaement 4 hoes
David Emerson i) 530.78
· fnlernal S 3,687.46
Internal (~ 5,403.30
~lnternal w/Lane Anderson $ ?,3~4.10
Internai $ 2,237.98
IntRma~ ~ 1,705.40
Sanlord's S ?,573.12
Kirkwood 6 30,80
rnternai $ 724. ~ 8
Internal $ 1,391.29
Interned $ 305.34
Fn(ernaJ $ 15.7, 12
Interna) S 11,309.77
Internal $ 3,494.40
;hiereel $ 4,930.00
Internal $ 428.40
Inmemat (. 1,320.67
Inl~nal 6~ 929.12
Science Research
Asscciaties, (eRA) P~ 14,225.72
Internal $ 620.66
In~erna] ~ 1,536.38
$
$
S
$
$
530.78
3,687.46
5,403,30
1,344J0
2,237.98
1,705.40
1,573.12
30.80
724.18
1,391.29
305.34
157.12
$ ll,30e.77
3,494.40
4,930.OD
428.40
9 1,320.67
929.12
IMey
"r~i:"' ', '!" '.' .
':'. ~:Dates ,"
Nov-9~
1994 to 1995
1994 to 1995
Oct 94 to Feb 95
Oct-94
Oct-9
O~.gojnf
Apr*gE
1994 to 1995
1994 Io 1995
1994 to 1985
May-99
1994 to 199
1994 to 199
1993 ~o 1995
1993 to 1995
96 to ;:n'2!l
.$
S
14,228.72
620.86
1,536.38
7993 to 199
Sep-~E
Sop-94
Exhibit C-'~
.. Po$tfioas
Te Be
B~ Oev &
~rketin9
B~ Day. &
~keljn~ R~
B~n~s 0~
~nttams Admln &
Finn. Anal~ts
~n.
Custo~
Raps
DA/DE & QA
Directors. Mgrs,
HR Raps
D~ecturs/Stef(
M. ane1~ers
Graphic Ad~st
HTI Di,., HR P~ps
Courses/Seminars {Customized Training)
TearnLe~dersh}p
Time Management:
TruTh in Negohetions Act
V~deo Camera
Voice MaP Handouts
Worrcr Class Performers
Marketing Skill
Improvsment
External Courses
Exlcernd Courses
Extemar Courses
External Courses
Task Process
Executive Develop,.,ent
and Compensation
Decision-Making/Rssolvfrig
External Courses
H~ DIr., HR rteps. Exteme} CGurses
FIR OiL. HR REDS. HR Conference ICorpore{e}
HR D~.. HR Raps. I HRIS Tralnlng
16 bouts 4niernel
· 6 hours Internal
1.5 hours Internal
On-going InlernaJ
On-g~>lng Besl Buy
On-going ATS el= iowa
vsr~ es Consultant
Dennis Fievin · consLrltant
External Vendors
External Vendors
IExtsrna| Vendors
Exteznal Vendors
Anne 9turdlvsnt,
Consultant
rnternal
Change Masters
varies
varies
vm~es
On-going
4 hOUrs
9 hours
16 hours
varies
varies
26 hours
5 hcurs
~,127.72 $ 1,127.72
678.16 I. e 678.16
9,261 .OO S 9,261 .DO
150.96 $ 150.96
500.00 $ 500.00
8,307.00 S 16,307,00
1,991.o0 S 11,891.00
2,485.00
4,550.00
1.235.OO
i ,83E~.00
2,145.O0
3,137.02
4,591.67
2,930.67
43.50
Internal I $ 311.95
IBM S 924.76
Secttonic Easel $ 5OO.00
External Vendors $ 725.00 ~ 1,074.93
Extefna| Vendors S 575.00 S 182.40
rnlernal e I, 169.70
fnterrl8| ~ 236.18 ~
5,415.57
4,550.00
1,235.00
2,145.00
3,137.02
311.95
924.76
500.OO
1,799.93
737J
236.1
1993 fo 199
t 99E
Mar to Apt 199.=
1993 to 1995
1995
1993 to 1995
NOV 93 to AUg 94
AUg 94 tO JU| 9.=
994
993 to
994 to
Oct-9
Sep.95
1995
SeD.gE
9/11
FIR Dir.o HR Raps.
rnfor Spec & Tech
Writer
Inf~ Soec & Tee,
Writer
Infer Spec & Tech
Writer
Infer Spec & rech
Infer Spec & Tech
Write,
Inlet Spec & Tach
Writer
Infm Spec & ~ech
W~i~er
Infer Spec & Tech,
Writer
Infor Spec & Tech
Welter
InFar S;~EG & Tech
Writer
Infer Spec & Tech
Ware/
Inlor Spec & Tec~
Writer
InJor Spec & Tec~
Writer
Infer Spec & ieoh
Wriler
Infer ~ec & Te~
~for Spec & Te~
Wr~er
SHR~ Conferences
Courses/Serninars (Customized Training}
~'.'~ '.'J-~i!m, ',a :9~.~.': ~ ',,' .. 'r .. ."'
~ ..... :' ,"".~.'.~'-~'~"~',*,~,t
SocmlW Ear Human 'W '
'16 hours Resources Mg t. $ 162.00
A0S Trai~in9 8 hours D~cd of Ed
Base Writers Update
Meetings 1 .hour Internal
Call Management Systenq 11 S hours Inlemal
ContracTs 101
2 hot~s
Cross.Training Tarephone
and Corresponds ncE varies
DCS Telephone & Corr vatlea
Delivery System Update I hour
External Corpses vades
Exlernal Courses
Finanaar AId 20 hours
c-~anc[a] Aid TrmnIng .
Train the Trsine~ i18 hours
Inlet SDeC & TB~ Wdter
O~nteti~ & R~ncial Ai~
Tra~ing 80 hours
iPr2 Amf ~ro TrainIng 8 hours
Suess Reduction 1 hour
Word IDadec! 6.0 for
Windows vmie3
Writing Analysis ve~ies
e 1,094 68
8.729.80
3,166.00
Internal $ 2, 12~-.03
Internal ~ 242.43
internal $ 2,025,45
' Ir~ernal ,~ 39,989.52
Jnterne~ S 21 ?
External Vendors S 1,946.00
External Vendors ~ 750.OO
Bob Evans ¢ 6,000.00
Dep! of ED S 4.024.~,8
405.99
Internal ~ 68,328.95
Internal $ 3,263.44
Jeff Sc~uitz - consultant $ 120.00
Learn PC $ 7,795.00
In~ernal 9 3,9OO. 00
,S .. ~ s2.o0 ocs.941
~ 1,094.68 Apr-aq
i 6,7Z9,80 ~n ~ to ~n
~ 3,166.00 ~b, Apt, Jul 94
2, i24.03
242.43 Jan to ~, 95
2,025,45 1994 to 1995
39,989.52
1,946.~ 1994
1,155.99
4,024.48 Mar-92
~,328.95 T Apt. 94
3,263.~ Jura5
120,~ Apr-94
1.795.~ 1994 to 1~5
$
¢
$
S
Courses/Seminars (Customized Training}
Exhibit C-1
M~agers Vid~ v~ &Law ~ 1,935.00 S 1.935.00
199x~ to 199!
,356.52 Jun-g5
89.00 1995
936.80 Jul-94
National Conf on Large
Pro~sct I~r. Scale Assessment 40 hours External Vendor $ 195.00
~o~t ~r. E~e~ Cour~ ~n~ E~er~l Vendo~ ~ 89.~
~t Mgr. S~ O~ew varies I~em~l ~ 936.80
~l~ty ~rce '
~e~aEst ~e~nal Cours~ vari~ ~mrn~ Vendors $ 5~5.00
~ware Imernel and Ou~
De~]o~m T~hnlcal Courses vad~ Vendors ~ ~.63~ 77
D~elo~s Sys~s Trainhg varius ~cer~ai ~ 5.259 ~O
Oe~ro~ ~o~ and ~sgaz~ ~-go~g In~e~nai S 558 39
W~d ~oc 0p~ Feed~k ~i~s 6 hou~ inTe~n~ ~ 159 09
Word ~c Oper ~rel Draw Vid~s O~-going Maffi ~i~ing I~. S 158.98
Word ~c Op~ Software Tr~i~ vad~ Jntern~ ~ 4,517.00
Cornpieted TraJsin9 j $ 330.972.9~ $ 32.3,16.96
553.50
1994
79,999.52
5,259.40
558.39
159.09
808.20 199~ to 199~
1BgB 1994to 1991
~,517.00 1994~ 1995
$ 363.321.90
1994 to 1995
1994 to 1999
t99'1 to 1995i
Fe~}-94
Courses/Seminars (CustornEzed Training}
~hJblt c-1
Developers TechnlcaJ SkiJi Developmen~vaf~es
All PC Skill DeveroDmen: varies
A}? Man~e~mlL~demh~p verbs
All D~WlE~hi~ ~ries
hse R~w ~m
Ove~iew v~es
Project ~fic vanes
TeB Treb~ng vati~
All
All
All
All
All
Additional Training
Completed end I
Additional Training
l'
I
External Vendors
External VendorstKCC
External vendors
Internal
Internal
Ir~ternal
Internal
External Vendorstrnternal
75,350.10 ~; 35,000.00 $ 110,350.10
20,000.00 $ 20000.00 8 22,000,00
10,000,00 $ 7,500.00 S 17,500.00
5,OOO.OO ~; 1,500.00 $ 6,500.00
1 ,O00. O0
2.500.00
B,O00.OO
25,000.00
12,000.00
1,500.00
2,000.00
5,000 O0
I'BD
TBD
TBD
TBD
1,000.00 TBD
4,000.00 TBD
10,000.00 TBD
30,000.00 TBD
12,0G0.00 TBD
$ 758,850.10 S 54,500.00 S 21,~,350.10
$ 3~2,972.94 $ 32,348.96 $ 576.672.00
C-2
Tentative On-The-Job Training Program
Job Description
Quality Assurance Clerks
User Support Analyst
Data Entry Operators
Operations Representabves
D.O.T. Code
229.587--014
249.387-052
209.687 -010
216.382-062
Accounting Clerks 210.382-026
Material Handlers/Packaging Operat 222.387-050
Programmer Aides
Proof Operator
Computer Operators
Information Specialists
InpufJOutput Clerks
Product Line Aide
Production Clerks
Proposal Coordinators
Secretary
Senior Processing Coordinators
219.367-026
652.382-010
213.362-010
219.382-010
219.362-010
221. 157-018
221.382-018
221. 167-014
201.382-030
221.167-014
Word Processing/Graphics OPerator',213.362-010
Business Development Managers 710.281-018
Financial Analysts
Human Resources Representatives
Project Managers
Systems Admmstrator
Technical Writers
Contract Analyst
Contract Manager 162.117-018
Customer Service Representa~.ives 637.261-018
Director. Human Resources & Admin 187.117-018
Facility ManaSer 183.117-014
Project Directors 189.117-030
Software Developors 020.082-010
Software Manager 150.167-010
020. 167-0 14
168.267-010
029. 167-014
161 167-010
131 267-026
162,117-014
Weeks Weekly Salary
11 $306.40
11 $442.31
20 $282.40
20 $5,,'~.46
24 $330.40
24 $3'24.80
24 $342.00
24 $338.80
26 $336.40
26 $342.40
26 $318.40
26 $338.40
26 $290 80
26 $357 80
26 $370.80
26 $395.6o
26 $400.00
26 $1.307.69
26 $634.62
26 $769.23
26 $1.326.92
26 $615 38
26 $396.15
26 $1,000.00
26 $1,192.31
26 $538.48
26 $1,6,34.62
26 $1.288.48
25 $815.28
26 $711 .,.54
26 $1.211.54
50% of
Weekly Salary No. of Employees
$153.20 3
$221.15 1
$141.20 2
$269.23 3
$165.20 3
$162.40 6
$171.00 2
$169.40 1
$168.20 4
$171.20 33
$159.20 2
$169.20 1
$145.40 6
$178.80 3
$185.40 1
$197 80 7
$200.00 2
$853.85 2
$317.31 2
$384 .s2 3
$683As 2
$307.69 1
$298.08 14
$500.00 1
$396.15 1
$269.23 13
$817.31 1
$307.69 3
$355.77 45
TOTAL 170
NATIONAL COMPUTER SYSTEMS
Weeks of Budget P~
Training Total Employee
11 5055.60 1685.2(
11 24:32.G5 2432.G=.
12 3388.80 1694.4C
12 9892.26 3230.7E
12 5947.20 1982.40
12 11692.80 1948.80
12 4104.00 2052.00
12 2032.80 2032.80
12 8073.60 2018.40
12 67795.20 2654.40
12 3820.80 1910.40
12 2030.40 2030.40
12 10468.80 1744.80
12 6438.80 2145.60
12 2224.80 ~>9~>4.80
12 16615.20 2373.60
12 4800.00 2460.00
12 15692.40 7846.20
12 7615.44 3807.72
12 13848.32 4615.44
12 15923.04 7961.52
12 3692.28 3892.28
12 50077.44 3876.96
12 6000.00 6000.00
12 7153.80 7153.80
12 41999.88 3230.76
12 9807.72 9807.72
12 7730.76 7730.76
12 11076.84 3892.28
13 208125.45 4628.01
13 7875.01 7875.01
573'228.11
--T~X EXEMPT-- ---T~X~BLE---
21,797.50 31,487.50
19,857.50 28,385.00
1998 2.50000 9.00% gO,O00 19,857.50 1998 7.40% 85,000 28,385.00 271,485.00 1997 262,741.03 (8,743.97) 146,634.12
2002 6.50000 5.40% 95,000 10,195.00 2002 7.75% 90,000 1~,220.00 233,830.00 2001 224,211.05 (9,618.95) 110,121.86
5,132.50 7,200.00
PO05 9.50000 5.75% 95,000 2,731.25 2005 8.05% 90,000 3,622.50 197,707.50 2004 190,492.77 {7,214.73) 81,967.52
320,000 2~7,750.00 8~0,000 352,372.50 2,240,122.50 2,322,090.12
ASSUMPTIONS: ISSUE SUMMARy: COST SUMMARY:
NOTE: The revenue generated by Payroll, M & E, and
increment 1997 6,714,643 Bldg Revenue 1999 190,293 ' ' ............. Coepany Name:
Increnent 1998 6,714,643 Bldg Revenue 2000 190,293 Total Traxning 1,199,900.00 issue Date: O1-Dec-'
increment 1999 6,034,989 -- Bldg Revenue 2001 171,032 Principal Due: 6.
Increneot 2001 4,675,712 = Bldq Revenue 2003 132,510 Callable: 20[
Ave. Maturity: 5.53354 Filehaze: 505(
PREPARED BY KIRKWOOD COMMUNITY COLLEGF CONFIDENTIAL
National Computer Systems, Inc. Project
II.
Ill.
EXHIBIT "E"
Employer Projections of Sources
of Payments of Program Costs
Employer's projections of Gross Wages in New Jobs:
12 Month Period Endinq
Gross Weqes
05/31/96 $4,829,870
05/31/97 $4,829,870
05/31/98 $4,829,870
05/31/99 $4,829,870
05/31/00 $4,829,870
05/31/01 $4,829,870
05/31/02 $4,829,870
05/31/03 $4,829,870
05/31/04 $4,829,870
05/31/05 $4,829,870
Employer's projections of
Period of Time
Project Site Improvements added or to be added to tax rolls:
Cost of Assumed Assessed
Improvement Value Increase
1/2/94 to 1/1/96 $6,714,643
1/2/96 to 1/1/97 $-0- $-0-
1/2/97 to 1/1/98 $-0- $-0-
$6,714,643
Value determined pursuant to Iowa Code Section 403.19(1)|c) (1995): $ Not Apphcable
The attached National Computer Systems Incremental Value Estimates ~s incorporated in and is a part
of this Exhibit "E".
NAT t0NAt_ COMPU ~ rc::t-,~ <:j YSTE'~S INCREMENTAL VA. LUE ES'r INI A1ES
LAND &EIUILDING
M/E: 8, COI~Pbl
GASE
199:~ 1994 lg~c~'
7,752,41O T,752,'I 10 14,6Z'0o2~I0
2,,752~526 ~_,g4T,.28~5 2,549,3-39
199~ 199 F fgg8 1999 20011 2001 2002 2003
14,670,240 I4,670,PAO lzi,6~'0,2qo 14,670,240 14,670,240 lq,670,~40 1,,q,670,240 14,670.240
2.549,339 2,54g.339 2,549,339 2,549,339 '2,549,33~ 2,54c),5L39 2,5.~q,339 2,'Szlg. 339
TOTAL VALUE PRIOR
"fOM/'EEX'EIVIP~ION 10,50~.936 10,699.695 1'?',21~579 17,219,579 17,219,579 '~'~,219,5Zg t~',21cJ,579 17,219.,579 1z,21g,579 17.219,5"79 1T,2~9,579
ESTIMATEDM/EEXENIPTION
(6?'c.:.:Joro1"~/l) (t.35'g.562} (2..L,"39.47"~) (2,549.339)
INCREMENTA.L",/ALLJE N/'A N/A 5,?1.1..6.q3 f>,71.1,643 6°?'(4,5.43 6,714,643 6..,03.~l.gBg 5.3S5o081 4,67.5.,17~ q. IGS, 30dI
4, I 65, 3 O~,
CL
City of Ilowa City
MEMORANDUM
Date:
November 2, 1995
To:
From:
Fie:
City Manager
David Schoon, Economic Development Coordinator~.~
Industrial New Jobs Training Agreement between Kirkwood Community College
and National Computer Systems, Inc.
On the Council agenda is a resolution approving the final jobs training agreement between
Kirkwood Community College and National Computer Systems. This resolution is a result of
the recently adopted agreement between Kirkwood and Iowa City, which requires City Council
approval of any final agreement for an industrial new jobs training project which utilizes
incremental property taxes as a funding source. The Council did not review the preliminary
agreement for the NCS jobs training project, because Kirkwood and NCS had entered into the
preliminary agreement prior to July 1, 1995. However, the Council did approve the use of
the jobs training program as part of the Community Economic Betterment Account (CEBA)
application and loan agreement for the NCS project. The final agreement is the standard
agreement Kirkwood uses for all of its industrial new jobs training projects.
The remainder of the memo summarizes the number of jobs to be created as part of the
project, the funding for the project, end the type of training to occur as part of the project.
Attachment A contains a list of positions being created and their corresponding salary or
hourly wage. In the agreement NCS pledges to create 170 new jobs after October 28, 1993.
As noted on Attachment A, NCS created these jobs by October 28, 1994. The 170 figure
includes only regular employees and does not include employment positions filled by
temporary employees (Section 3.6 of the agreement). The agreement also contains clauses
to monitor the base employment levels of both regular employees and temporary employees.
The funding for the NCS project and the general use of the funds are summarized in Exhibits
B and D of the agreement. Funding for the project is based on a ten year revenue stream from
both incremental property taxes and new jobs credit from withholding. Of the approximately
$1.45 million in incremental property tax revenue used for the project, approximately
8580,000 would have been taxes paid to the city if there had not been a jobs training project.
Exhibits C-1 and Exhibits C-2 of the agreement outline training for the new positions.
Available for the project is $1,149,900 in training funds. Fifty percent of the funds will be
used to pay for customized training while the other fifty percent will be used to pay 50% of
each position's salary during an employee's on-the-job training period.
As I stated in my October 19, 1995 memo to the City Council, in order to meet a deadline in
November for a certificate sale for all new Kirkwood jobs training projects, the Kirkwood Board
of Trustees plans to consider this final agreement at its November 9, 1995, meeting. For this
reason, we are asking Council to consider the resolution at its November 7, 1995 meeting.
CC;
Vicki Amundson, NCS
Jim Loukote, Kirkwood Community College
Karin Franklin
RESOLUTION NO. 95-321
RESOLUTION ADOPTING A PREFERRED DESIGN ALTERNATIVE FOR THE
MELROSE AVENUE STREET AND BRIDGE RECONSTRUCTION BETWEEN
BYINGTON ROAD AND THE EAST CORPORATE LIIVllTS OF UNIVERSITY
HEIGHTS.
WHEREAS, an environmental assessment/alternatives analysis has been conducted which has
identified Alternative 4 (three-lane bridge and three-lane road) as the preferred alternative for
the Melrose Avenue street and bridge reconstruction project; and
WHEREAS, the three-lane bridge/three-lane road design improves pedestrian and bicycle safety
throughout the corridor; and
WHEREAS, traffic operations along Melrose Avenue would improve in direct relation to public
transit vehicles being able to pull over into the shoulder area of the proposed design; and
WHEREAS, the three-lane bridge/three-lane road design addresses the bridge deficiency issue;
and
WHEREAS, the three-lane bridge/three-lane road design would improve safety conditions for
vehicles turning left from Melrose Avenue; and
WHEREAS, three-lane roadways typically have a 60% lower accident rate than four-lane
undivided roadways, and a 3% lower accident rate than two-lane roadways; and
WHEREAS, the three-lane bridge/three-lane road design would improve traffic flow conditions
on Melrose Avenue by providing increased capacity; and
WHEREAS, under the three-lane bridge/three-lane road design landscaping and lighting
treatments can be incorporated which will enhance the visual amenities in the corridor; and
WHEREAS, the three-lane bridge/three-lane road design will avoid direct taking of 4(f)
(historic) properties designated as protected properties under federal law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Alternative 4, the three-lane bridge and three-lane road alternative, is adopted as the
preferred alternative for the Melrose Avenue street and bridge reconstruction project.
The consultant is directed to complete the Request for a Finding of No Significant
Impact {FONSI) document for submission to the Iowa Department of Transportation
and the Federal Highway Administration with Alternative 4 identified as the preferred
design alternative.
Resolution No. 95-321
Page 2
Staff is directed to negotiate with the Iowa Department of Transportation for use of
14.3 meters (47 feet) pavement width for the corridor reconstruction. Staff is further
directed to negotiate with Iowa DOT to attempt to reduce the bridge pavement width
to 43' (5' shoulders instead of 7'), and to narrow the roadway cross section between
South Grand Avenue and Byington Road.
The three-lane bridge/three-lane road design, including pavement markings, shall be
incorporated into a City Ordinance in order to assure continuity of this Council's intent.
It is further Council's intent that any change in the Melrose Avenue "pavement
markings" ordinance shall be only after formal public notice, a public hearing, and three
readings of the amended ordinance at three formal City Council meetings.
Passed and approved this 71-h day of NnvpmhPr
,1995.
CITY-CLERK
ey s Office //-3 - ~.-~
It was moved by Nnv~cl~ and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
x
x
x
X
x
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO.
RESOLUTION ADOPTING A PREFERRED DESIGN ALTERNATIVE FOR THE
~E AVENUE STREET AND BRIDGE RECONSTRUCTION BETWEEN
IN ROAD AND THE EAST CORPORATE LIIVIITS OF UNIVERSITY
WHEREAS
the Melrose Avenue
WHEREAS, the t
throughout the corridor;
assessment/alternatives analysis has been conducted whi
-lane bridge and three-lane road) as the
feet and bridge reconstruction project; and
WHEREAS, traffic o
transit vehicles being able to
WHEREAS, the three
and
WHEREAS, the three-lane brid
vehicles turning -left from Melrose
WHEREAS, three-lane roadways typic
undivided roadways, and a 3% lower
WHEREAS, the three-lane
on Melrose Avenue by providing
WHEREAS, under the three-lar
treatments can be incorporate
~/three-lane road design improves
for
Melrose Avenue would impro~
over into the shoulder area
cle safety
3ue;
gn a(
direct relation to public
proposed design; and
bridge deficiency issue;
will
WHEREAS, the three-lane e/three-lane
protected (historic) within the corridor.
would improve safety conditions for
a 60% lower accident rate than four-lane
than two-lane roadways; and
3ad design would improve traffic flow conditions
and
-lane road design landscaping and lighting
the visual amenities in the corridor; and
design will avoid direct taking of 4(f)
NOW, THEREFORE, B,~T RESOLVED BY THE THE CITY OF IOWA CITY,
IOWA, THAT: /
1. Alternative/4, the three-lane bridge and three-lat read alternative, is adopted as the
preferre/~lternative for the Melrose Avenue street~d bridge reconstruction project.
2. The c?hsultant is directed to complete the Request~or a Finding of No Significant
Impa~t (FONSI) document for submission to the Iowa~epartment of Transportation
and/(he Federal Hi.ghway Administration with Alternativ~ 4 identified as the preferred
Resolution No.
Page 2
3. Staff is directed go negotiate with the Iowa Department of Transportation for use of
the alternativ.~-~.ban design guideline standard of 14.3 meters {47 feet) pavement
width for the~orildor reconstruction.
Passed and approved t~ day of ,1995.
/
MAYOR
Appro by
ATTEST:
CITY CLERK Attorney's Office
It was moved by
adopted, and upon roll call ther~
and seconded
AYES: ABSENT:
the Resolution be
Baker ·
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
City of iowa City
MEMORANDUM
Date:
November 1, 1995
To:
From: ~f/
City Council
Jeff Davidson, Assistant Director, Department of Planning and Community
Development
Re:
Selection of Preferred Design Alternative for Melrose Avenue Street and Bridge
Reconstruction
Attached is a revised resolution adopting the preferred design alternative for the Melrose
Avenue street and bridge reconstruction. The revised resolution retains the consultant's
recommendation to implement Alternative 4, a 47' pavement width configured for two 11'
through lanes, one 11' center turn lane, and two 7' shoulders for bicycles and transit vehicles.
However, the following changes have been made to the resolution following your October 23
work session discussion and October 24 public hearing.
The final design will attempt to narrow the 47' cross section of the reconstruction
between South Grand Avenue and Byington Road.
Any modification in Melrose Avenue pavement markings shall require formal public
notice, a public hearing, and three readings of the City Council at a formal City Council
meeting.
Staff is directed to negotiate with Iowa DOT on reducing the 7' shoulders to 5' across
Melrose Avenue Bridge, thus reducing the total pavement width from 47' to 43'.
Per your instructions, I have placed the proposed resolution adopting a preferred design
alternative on the November 7 City Council meeting agenda. Modifications to the resolution
can be made at your November 6 work session. Please contact me if you have any questions.
CC:
City Manager
City Engineer
Director of Planning & Community Development
Council Member Kubby introduced the following Resolution entitled:
"RESOLUTION AUTHORIZINO THE CORRECTING OF AN ERROR IN THE MAKINO OF
SPECIAL ASSESSMENTS IN THE MAIDEN LANE PAVING AND SANITARY SEWER
ASSESSMENT PROJECT" and moved its adoption. Council Member nehman
seconded the motion to adopt. The roll was,
AYES Horowitz, Kubb¥, Lehman, Novick, Pigott, Throgmorton, Baker
NAYS None
Whereupon the Mayor declared the following Resolution duly adopted:
Resolution 95-322
RESOLUTION AUTHORIZING THE CORRECTING OF AN ERROR IN
THE MAKING OF SPECIAL ASSESSMENTS IN THE MAIDEN LANE
PAVING AND SANITARY SEWER ASSESSMENT PROJECT
WHEREAS, final assessments have been duly made and levied in the above project by
Resolution Number 95-261 adopted on the 29th day of August, 1995; and
WHEREAS, notice of the levy of said assessments was duly given by publication as
required by law and by mailing to each of the owners of property as shown by the final
assessment schedule; and
WHEREAS, the first publication of the notice of assessment having been made on
September 5, 1995, the period for payment of assessments without incurring interest expired on
October 5, 1995; and
WHEREAS, it appears that in making the assessment an error occurred in overlooking
the transfer of ownership of the property described below, resulting in the initial mailing to the
wrong address such that the delay in transmission caused the property owner to make payment
within thirty days after the correct mailing took place but later than October 5, 1995; and
WHEREAS, this Council is authorized to take appropriate action for the correction of
errors by Iowa Code Section 384.74 and the Council finds and determines that the action ordered
below is sufficient and proper to effect full redress of the error described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, TO WIT:
Section 1. This Resolution applies with respect to the following property:
Block 20, County Seat Addition
Res, No. 95-322
Page 2
Section 2. The assessment in question, being in all respects proper and having been paid,
the Council finds no error therein. The Council further finds and determines that an error did
occur which resulted in the property owner being charged and having paid interest in the amount
of $ 633.00 which would not have been charged had the error not occurred.
Section 3. A full and fair remedy for the correction of said error can be accomplished by
a refund of the above amount of interest paid by the property owner to the Johnson County
Treasm~r and by the County Treasurer to the City of Iowa City. The City Treasurer is therefor
authorized and directed to refund interest in said amount to the property owner identified above.
PASSED AND APPROVED this 7th day of November, 1995.
ATTEST:
Ci rk
10714.035KANDREWS136061
RESOLUTION NO. 95-323
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A COOPERATIVE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR A WATER
RECREATION ACCESS COST SHARE PROJECT (PROJECT #366)
WHEREAS, the Parks and Recreation Department has been awarded a cost-share project
grant from the Department of Natural Resources in the amount of $11,700.00 to construct a
new concrete boat ramp in City Park; and
WHEREAS, the total cost of the project is $15,600.00, and the cost-share project grant will
cover 75% of the cost of said project; and
WHEREAS, the grant process and award requires that the City of Iowa City enter into a
cooperative agreement with the IDNR which outlines the repective entities' contributions to the
cost-share project; and
WHEREAS, the cooperative agreement requires City Council approval and authorization.
WHEREAS, the execution of said cooperative agreement 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:
It is in the public interest for the City of Iowa City to execute the cooperative agreement
with the Iowa Department of Natural Resources for the water recreation access cost-
share project.
The Mayor is hereby authorized to execute and the City Clerk to attest the cooperative
agreement with the Iowa Department of Natural Resources for the water recreation
access cost-share project, a copy of which is attached hereto.
It was moved by Novick and seconded by
be adopted, and upon roll call there were:
Lehman the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
Res. No. 95-323
Page 2
Passed and approved this 7tb day of November
,
A'CrEST:~
CITY-CLERK
STATE OF IOWA
DEPARTMENT OF NATURAL RESOURCES
Wallace State Office Building
Des Moines, Iowa $0319-0034
WRAC PROJECT NO. 366
COOPERATIVE AGREEMENT
WATER RECREATION ACCESS COST-SHARE PROJECT
~{IS AGREF2fENT entered into by the Department of Natural Resources, herein-
after known as th~ Department, and the City of Iowa City-Parks Divisiom
of Johnson Ccunty~ State of Icw~, here!nor:at known ~s the Local
Entity.
WITNESSE~{: WIIEP~, the Departmentshas a program to assist the Local
Entity in a certain project her~ln described as follows:
Oevelopment of bostimg facility st the City Park, 200 Park Road and Iowa River
located in Section 3, 179N, R6 of the 5th P.M., Oohnson Coumty, Iowa. Proposed
development will include:
1. Site Preparation for Item No. 2.
2. Coscrete 8oat Ramp.
3. En§ineerin§ costs related to proposed development also
included for cost-shsrin§.
Total estimated cost: $ _15,600.00
NO~ TI[EREFORE, be it mutually agreed by the Parties hereto as follows:
The Department agrees to reimburse the Local Entity a sum equal to 75
cost~ have been liquidated by the Local Entity, .In no case shall the cost to
the Department exceed $ 11,~00.00
%
It is further agreed by the Parties hereto:
(a) That the project described herein shall be completed by 0ec. 31, 1996.
(b) 2%at the Local Entity ~hall be responsible for maintenance and all
expenses related thereto after completion of the project.
(c) That it is understood and agreed that this agreemeot is not a permit to
construct and that the local entity shall be responsible. for obtaining-any
permits required by the federal, state, or local authority having Jurisdiction
over such projects.
(d) That the area or facility herein described shall be open to the public
for lawful recreation boating purposes without tariff and shall not be used
for commercial purposes directly or indirectly, without written approval from
the Department. The site shall be poated with a public access sign as
provided by the Department.
(e) That any addition to this agreement is herein written as follows and
that there are no verbal additions hereto:
This agreement entered into under the authority of action taken at an
official meeting pf the IOWA CITY COUNCIL of JOHNSON
County, Iowa, on the 7TH day of NOVEMBER , 19 95 all as
shown in the minutes thereof, and by approval of the Department of Natural
Resources.
PARTICIPATING AGENCY
TITLE MAYOR
bkp/CIM102PO1.01 -.02
BY
DAT~
DEPAR..m~LE~rF. OF xh~'r'rm,~t .~ESOL.n?.CES
DIRECTOR
RESOLUTION NO. 95-324
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO PROCEED WITH DEVELOPMENT OF PLANSt
SPECIFICATIONS AND FORM OF CONTRACT TO CONSTRUCT ADDITIONAL
HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT.
WHERE~S, it is the intent of the Iowa City Airport Commission to
attract and accommodate corporate and business aircraft at the Iowa
City Municipal Airport; and,
WHEREAS, there have
additional hangar
Airport; and,
been requests from aircraft owners to provide
space for larger business aircraft at the
WHEREAS, additional hangar space would be a capital asset to the
Airport by increasing revenue for the Airport Commission and
increasing the number of based aircraft at the Iowa City Municipal
Airport; and,
WHEREAS, the cost of the project would be financed through an
internal departmental loan, to be repaid through hangar rental
fees.
NOWv THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and
the City Clerk to attest to a resolution authorizing the Airport
Commission to proceed with the development of plans,
specifications, and form of contract for construction of a multi-
plane aircraft hangar at the Iowa City Municipal Airport.
It was moved by Nnv~k and seconded by T.~hm~n
Resolution be adopted, and upon roll call there were:
the
AYES NAYS ABSENT
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
Passed and approved this 7~h day of Nnu~mh,~ , 1995.
Susan .M. HOrowitz - Mayor~_~
Marlan Karr - City Clerk
Approved by:
C . t~ney~ ~ ~//~
Office
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CLERK TO ATTEST TO PROCEED WITH DEVELOPMENT
SPEC~iFICATIONS ~ FORM OF CONTRACT TO CONSTRUCT
SPACE AT THE IOWA CITY MUNICIP~%L AIRPORT.
CITY
PLANS,
WHEREAS,
attract and
City Munici
.s the intent of the Iowa City Airport
corporate and business aircr
Airport; and,
to
at the Iowa
WHEREAS, there
additional bane
Airport; and,
~ve been requests from
space for larger busine~
rs to provide
aircraft at the
W~EREAS,
Airport by
increasing the
Airport; and,
space would
revenue for
based aircraft
capital asset to the
)ort commission and
the Iowa City Municipal
~HEREAS, the cost of
be financed through an
through hangar rental
approximat.
$ 264,000.00 project would
~artmental loan, to be repaid
NOW, THEREFORE, BE IT
IOWA CITY, IOWA, that the
the City Clerk to attest to
Commission to proceed
specifications, and form
approximately 80~ by 100'
Municipal Airport.
THE CITY COUNCIL OF THE CITY OF
is hereby authorized to sign and
resolution authorizing the Airport
the development of plans,
~ontract for construction of an
hangar building at the Iowa City
It was moved by and
Resolution be adopte and upon rol
by the
call there were:
AYES NAYS ABSENT
Passed aa/pproved this
Susan M. Horowitz - Mayor
ATTEST:
Marian Karr - city Clerk
day of
Baker
Horowitz
Kubby
iLehman
Novick
Pigott
hrogmorton
1995.
Cl=y AttOrney s office
PROPOSED CORPORATE HANGAR
-4-i
RESOLUTION NO. 95-325
RESOLUTION RATIFYING SETTLEIVIENT OF PENDING LITIGATION
WHEREAS, on December 30, 1994, S & G Materials, an Iowa General Partnership, through
its attorney William L. Meardon, filed an appeal from a condemnation award in the Iowa
District Court in and for Johnson County, appealing the compensation commission's award
of damages as a result of the City of Iowa City's condemnation of S & G Material's lease on
property condemned for a new water plant on November 29, 1994; and
WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated
a settlement agreement, which both parties feel is in the public interest; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
Plaintiff S & G Materials in the amount of ,~925,643.84 in full satisfaction of the pending
lawsuit against the City in the above case and in consideration for Plaintiff's full release and
dismissal of lawsuit, Docket No. 56213. The above amount constitutes the amount of the
award of the compensation commission ($900,000.00) plus interest (25,643.84).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIIY,
IOWA, THAT:
The above-named action should be and is settled for the sum of $925,643.84
as of October 18, 1995, payable to S & G Materials, an Iowa General
Partnership, and William L. Meardon, its attorney of record, in full satisfaction
of the pending lawsuit, Docket No. 56213.
The City Council for the City of Iowa City, Iowa hereby specifically approves
said settlement as being in the best interest of the City of Iowa City.
o
The settlement is hereby ratified, contingent, however, upon Plaintiff S & G
Material's execution of an appropriate Release and Satisfaction of Judgment,
which shall be filed with the Clerk of Court for Johnson County District Court
in the above action.
Passed and approved this 7th day of November
,1995.
ATTEST: .,,., .~
CITY-'CLERK
cadatallegalls&g.res
Approved by
Reaolutlon No. 95-325
Page 2
It was moved by Lehman and seconded by
adopted, and upon rol~calltherewere:
. AYES: NAYS:
,X
X
X
X
X
ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton