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HomeMy WebLinkAbout2005-06-21 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-204 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: See Attached Passed and approved this 21st day of June ,20 05 Approved by CITY'~CLERK ' City Attorney's Office It was moved by Bai 1 ey and seconded by Ca hmpion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn CIGARETTE PERMITS PRINTED : 09-MAY-05 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~A~XX 01 o1o86 030~8 c LIQUOR STORE XX LIQUOR STORE INC AMES 85 00074 03019 C F LTD  OUTLET #18 05 00007 C ~-~ OUTLET INC CA~v~EGE STREET BILLIARD CLUB 04 00001 03020 C RSE II INC C~Rs~IAL LANES 85 00003 03021 C ELL CORP L~'~OODS 03022 C 95 OO005 SUPERVALU INC SHORT STOP CORPORATION 86 00022 03023 C L J GLASGOW  85 00092 03024 V ERPRISES ~i MART #1 87 0o013 03025 c ~OE~I MART CORPORATION SWITCHED APP ADDRESS & BUS ADD FOR MAILINGS #2 87 00018 03026 C CORP #3 98 00014 03027 C ~-~ CORP DELI/M~T #5 99 00006 03028 C ~-~E'LI MART CORPORATION RN 00 00017 03029 C DISCOUNT DEN DOC'S STANDARD ~[q[~ _k~a',% ~ ~.__ 92 00006 03030 C PAUL ROZINCK ~-o~,~_~; ~ OWN 03031 C O~- 85 00013 E INC D~BLI~ ~3 OOOO1 0308~ C O~ UNDERGROUND THE UNDERGROUND INC CIGARETTE PERMITS PRINTED : 09-MAY-05 PAGE: 1 DOING BUSINESS AS LICENSE # # APPLICANTS NAME PURPOSE ~j~XX L~UOR STORE 01 03018 XX LIQ~R STORE INC ,BO.9~AMES~ 00074 03019 C '~4OTIF LTD CIGARETTE OUTLET #1~x 05 00007 C CIGARETTE OUTLET INC~ .C~L~EGE STREET BILLIARD~LUB 04 00001 03020 C ~AVERSE II INC C~IAL L~ES 85 00003 03021 C ~RSHELL CORP ~OODS 95 00005 03022 C SUPERVALU INC  SHORT STOP CORPO~TION 86 00022 03023 C L J G~SGOW D% DE~ 85 00092 03024 V ~GER ENT ERPRISES 87 ~RT CORPO~TION SWITCHED APP ~DRESS BUS ADD FOR ~ILINGS ~2 8~ 18 03026 C CORP 98 03027 C ~LI ~RT 99 00006 k 03028 C ~RT )RPO~TION SCO~T DOC'S ~[n[~ -~"~ ~ ~ 9 00006 03X30 C PAUL ~~ 85 00013 030 INC -,<, ~ oooo~ o~o8~ c ~DERGRO~D THE ~DERGRO~D INC CIGARETTE PERMITS PRINTED : 09-MAY-05 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE Hy~_vEE FOOD STORE #2 85 00010 03047 C EE INC FOOD STORE #3 85 00011 03048 C INC Hy~_v~E GAS (#l) 03 00004 03049 C E INC  'S GROCERY, INC. 85 00054 03050 C o~-~ ' S GROCERY INC JORD~ VALLEY ~RKET 0500002 ~A~i ~ ~LL~ AL S~I~I 85 CORPO~TION ~~D ~~ ~O~NI~N~ ~OR~ 8~ 00~0~0~ C 06' OIL CO INC ~&__ GO ~422 · 85 00025 03052 C ~USE GENTLE OIL CORPO~TION ~~ o~ o~o8~ o~o~ c GO ~52 0~ 0~088 03054 C GO BC GO ~53 01 0~08~ 03056 C GO BC ~IGHTY SHOP, I~C. 8S 0004S 030S6 C ~ ~IGHTY SHOP oooo NA~ INC  SE LTD 03 00008 03057 C o6-D~ SE LTD o~YYAALL ORDER OF MOOSE LODGE #1096 87 00005 03058 C o6-31 ORDER OF MOOSE LODGE #1096 MILL RESTAURANT THE 04 00003 03083 C IC MILL ASSOCIATES LLC CIGARETTE PERMITS PRINTED : 09-MAY-05 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE  ODGE EXPRESS 01 01090 03060 C ESS INC NO~RDT~ DODGE HANDIMART 00 00012 03061 C TROM OIL COMPANY O~T~E GO CONVENIENCE STORES 00 00002 03062 C E GO CONVENIENCE STORES INC ED JAKE'S 04 00004 03063 C OR STUDENT INC O~~ERi~RUG #5048 85 00116 03064 C AN DRUG STORES INC G #5078 02 00286 03065 C DRUG STORES INC  MINI MART INC 05 00003 MINI MART INC · PET ' - -PROVISIONS 98 00008 03066 C IJ~ROBINS INC ~JOE & FAYE GROBIN QUE, THE 90 00007 03067 V HAWKEYE AMUSEMENT 'S BAR & DELI 99 00011 03068 C MARTY ENTERPRISES INC ~NORTHSIDE SERVICE 05 00005 C ~RUSS'NORTHSIDE SEVICE  LVD HAWKEYE CONVENIENCE STORE 00 00007 03069 C OIL CO INC S~iV MINI MART INC 05 00004 MINI MART INC S URBAN AMOCO 97 00007 03070 C ~US~BUU~RBAN INVESTORS LC AN INVESTORS, B.C. THE 04 00005 03072 C RESTA~Rg_NT & BAR INC CIGARETTE PERMITS PRINTED : 09-MAY-05 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE HANDIMART 93 00008 03073 C D & DAVID V NORDSTROM TU~LLEM MINI MART 03 00005 03074 C R PROPERTIES LLC BASE SPORTS BARS THE FIELDHOUSE 04 00002 03075 C BASE SPORTS BAR INC O BOWL 91 00009 03076 C o~O SIPPI VALLEY TOBACCO TW~iK ~O OUTLET PLUS #537 97 00008 03077 C RIP INC ~/~/O5 ~1~ ~ ~ 05 00006 UNION BAR CREAM LLC ALL-MART #1721 92 00012 03078 C -MART STORES INC S 85 00029 03079 C COMPi~NY WHATEVA WE DELIVA 04 00006 03080 C EDGAR & CLARK MCGUIRE TOTAL CIGARETTE PERMITS: 73 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 05-205 RESOLUTION SETTING A PUBLIC HEARING ON JULY 5, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOLLYWOOD BOULEVARD SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5th day of July, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly.and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of June ,20 05 MAYOR Approved by CITYCLERK ' Cit~, At~0rney's Office pweng\res~hwoodblvd-sewer.doc Resolution No. 05-205 Page 2 It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion × Eliiott X Lehman X O'Donnell × Vanderhoef × Wilburn Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 05-206 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SANDHILL ESTATES PART ONE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Sandhill Estates - Part One, as constructed by Carter-Kirkpatrick Services, Inc., of North Liberty, Iowa. Paving improvements for Sandhill Estates - Part One, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ~ day of Approved by CITY CLERK City Attorney's Offi"b"~ It was moved by Bailey and seconded by c~,,p~,,~ the Resolution be adopted, and upon reil call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion × Elliott × Lehman ×' O'Donnell × Vanderhoef × Wilburn pweng/res/sandhillpt 1 .doc CITY OF IOWA CITY 410 East Washington Street Iowa City, [owa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT June '14, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Sandhill Estates - Pad One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Sandhill Estates - Part One has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Carter-Kirkpatrick Services, Inc. of North Liberty, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Dennis S. G~anfion, PE. Assistant City Fngineer Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-207 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT [STP-E-3715(624)--8V-52]. WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 6 Sidewalk Extension Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated May 18th, 2004, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. WHEREAS, the final contract price is $156,790.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 71 st day of ,Tune ,2005. Mayor City Clerk Approved by: C~ty Attorney'~st Office Resolution No. 05-207 Page 2 It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by and retum to: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-208 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE HOME MORTGAGE, WEST DES MOINES, IOWA FOR PROPERTY LOCATED 1522 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $24,881, executed by the owner of the property on August 1, 2002, recorded on February 5, 2003, in Book 3474, Page 346 through Page 351 in the Johnson County Recorder's Office covering the following described real estate: Lot 82, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, Nationwide Home Mortgage is financing a mortgage for $102,000 to Bahri and Kate Karacay and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Nationwide Mortgage secured by the proposed mortgage in order to induce Nationwide Home Mortgage to make such a loan; and WHEREAS, Nationwide Home Mortgage has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Nationwide Home Mortgage; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Nationwide Home Mortgage, West Des Moines, Iowa. Passed and approved this 21st day of .~une ,20 05 · Ap.p_~oved by ATTEST: ))'(~_,.~.) ";~. '~_~,v) (~.',~,~ O CITY ~3'I_ERK City Attorney's Office Resolution No. O5-208 Page 2 It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Nationwide Home MortRa.qe, West Des Moines, Iowa, herein the Financial institution. WHEREAS, the City is the owner and holder of certain Mort~aqe which at this time are in the amount of $24,881, and was executed by Greater Iowa City Housinq Fellowship (GICHF) (herein the Owner), dated August 1, 2002, recorded February 5, 2003, in Book 3474, Page 346 thru Page 351, Johnson County Recorder's Office, covering the following described real property: Lot 82, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution proposes to loan the sum of $102,000 on a promissory note to be executed by the Financial Institution and Bahri and Kate Karacay, securing a modgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqa~e held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort~aqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortclaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the . respective heirs, legal representatives, successors, and assigns of the padies hereto. Dated this 2[st day of June ,20 05 · CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor f Attest: City'Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,,3.l day of "~-,,~,u~ ., 20 oS, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~r,,,.,~t- ~0. L.~.,w.~,., and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 0.2 ~'~o ~' passed (the Resolution adopted) by the City Council, under Roll Call No.--- ---.-- of the City Council on the ~! day of -~1.1.1.1.1.1.1.1.1~,.~u~_. ., 20 0.~ , and that ~,,n.,_~- /..d. L.~.y,.,~,~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. J¥3-~ .. J sONDRAE FORT L~,~ji~'~i cornmission Number 159791J ~? ~[r.j My Commission Expires J Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT PAGE3 STATE OF IOWA ) ?~ ) SS: ~ COUNTY ) On this ~ day of '-~M~//~'~' , 20 ¢~- , before me, the undersigned, a Nota..~/~ Public in and for the State of Iowa, personally appeared ~~ ~. ~ , to me personally known, who being by me duly sworn, did say that he/.~Re is the ,~/~,/~-~ of , that said instrument was signed on behalf of sai¢ corporation by authority of its Board of Directors; and that said .,¢'/f.4-.zr,~¢-~ ,~- ~¢¢' acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and (or th"gState of Iow~ J -','~, ' JENNIFER J. CHRISTENSENI ~',.L~i COMMISSION NO, 1807~ ! MYCOMMISSIONEXPIRE~ .. ..... I AUGUST 18, 2OO? Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-209 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 TRAFFIC SIGNALIZATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 19th day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 21st day of June ,20 05 MAYOR Approved by - ' City Attorne~'4rO~.- ---- ' CITY'CLERK' pwengVes~2005 Traff Signal app&s.doc Resolution No. 05-209 Page 2 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ross Spitz, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 05-210 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MISSING LINK TRAIL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 12TM day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at 19 th the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 21st dayof June 20 05 MAYOR Approved by . CITY CLERK City Attorney s Office pweng~res~missinglink plans.doc 6~05 Resolution No. 05-2:10 Page 2 It was moved by Bailey and seconded by wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilbum IOWA SECRETARY OF STATE DES MOINES, IOWA 50319 June 29, 2005 MARIAN K. KARR IOWA CITY, CITY CLERK'S OFFICE 410 EAST WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the CITY OF UNIVERSITY HEIGHTS Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of June 29, 2005. Sincerely, Chester J Culver Secretary of State CJC/db Enclosures (515) 281-520 I I;.xx (515) 212-5953 www.sos.state.ia.u.,. :;os,,'sos.:stato.ta.us Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 05-211 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2006 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (2005), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2006 at a rate of $28,826.86, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2006 28E Agreement for Transit Services between the City of Iowa City, Iowa and the City of University Heights, Iowa for transit service is hereby approved, and the Mayor is hereby authorized to execute four (4) originals and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code, Chapter 28E. Passed and approved this 21st day of June ,2005. CITY CLERK City Attorney's Office It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey '~ Champion Elliott × Lehman x O'Donnell x Vanderhoef x Wilburn jccogtpkes~us28eic doc Prepared by: Kevin L. Doyle, Asst. Transportation Planner, 410 E. Washington, Iowa City, IA 52240 319-356-5253 FY2006 28E AGREEMENT FOR TRANSIT SERVICES BETVVEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this 21stday of .June ,2005, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: /. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. /I. Duration The term of this agreement shall commence July 1, 2005, and continue through and including June 30, 2006. III. Term/nat/on This agreement may be terminated upon thirty calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $28,826.86 for the provision of public transit service as herein described during FY2006. Payment shall be made in twelve monthly payments of $2,402.24 ~ach, to be received by the City of Iowa.City on or before the 15th of each month. ~. Chapter 28E, Code of Iowa In accordant:e with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY CITY OF UNIVERSITY HEIGHTS Gloria Jacobson,-~ Attest: Attest: City Cle-rk City Clerk, de City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~1 ~- day of .3c, dE_, 20 cb~ , before me, %,~d,-~ ~ ~-c.¢'t- , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No..~.5 - D/, passed by the .City Council, on the c~/ el day of ' .3~,~(: , 20 o_c~ , and that Ernest W. Lehman and Madan K. Kan' acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~,,_ I SONDRAE FORT I~'~ ~1 Commission Number 1 I'.~'1 My Commission Expires I i. ,o--er-i ,~- ?- o r,, I Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 14th day of June., 20 0.5 , before me, Pat r~ ~lr 'f ~nrd , a Notary Public in and for the State of Iowa, personally appeared Gloria Jacobson and Jerry Musser, to me personally known, and, who, being by me duly Sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council as contained in (Resolution) No. 05-06 passed by the City Council, on the 14th day of June , 20 O5 , and that Gloria Jacobson and Jerry Musser, acknowledged the ex~'on, of the instrument to be their voluntary act and deed and the voluntary act and deed of th~~t~o/~cuted. .. PATRICK J. FORD C°mmls~s~q Number 727740 MyCommlsslon ExpIre,~ I Notary Public in and foChe State df Iowa Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-212 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO A LEASE BETWEEN THE CITY OF IOWA CITY AND GREYHOUND LINES, INC. FOR SPACE AT THE COURT STREET TRANSPORTATION CENTER. WHEREAS, Greyhound Lines, Inc., provides long distance bus transportation services and currently leases space from the City of Iowa City at 404 E. College Street on a month to month basis; WHEREAS, Greyhound Lines, Inc., desires to enter into a lease for space in the Court Street Transportation Center and to relocate its operations from the space at 404 E. College Street; and WHEREAS, it is in the City of Iowa City's interest to execute a lease entitled "Lease between the City of Iowa City and Greyhound Lines, Inc.," a copy of which is attached and incorporated herein. 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 to the attached Lease between the City of Iowa City and Greyhound Lines, Inc. Passed and approved this 21st day of June ,2005. Approved. by ~ ATTEST: CITY'CLERK City Attorney's Office Resolution No. 05-212 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ;( Champion x Elliott × Lehman × O'Donnell X Vanderhoef × Wilburn LEASE BETWEEN THE CiTY OF IOWA CiTY AND GREYHOUND LINES, INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Greyhound Lines, Inc. ("Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Court Street Transportation Center, and has the authority to lease said premises. B. Greyhound Lines, Inc., is a Delaware Corporation. C. The parties desire to enter into a lease for space in the Court Street Transportation Center. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of June 30, 2005. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 1,963 square feet of floor space located on the ground floor of the southeast corner of the Court Street Transportation Center more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM The term of this Lease ("Term") shall be five (5) years, commencing on July 12, 2005 ("Commencement Date") and extending through July 11, 2010 unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for four (4) successive five (5) year terms following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than 180 days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. Rent shall be renegotiated by the parties prior to the beginning of each of the four (4) renewal terms. 4. FITOUT. Landlord shall be responsible for, and shall pay for all costs associated with the fit-out of the Premises, consisting of non-fixtures, furniture, any floor coverings. Tenant shall reimburse Landlord for the full costs of said fit-out, but not to exceed $190,000, within thirty (30) days of receiving written itemization with supporting documentation of said costs. 5. RENT. Tenant shall pay to Landlord as rent for the use of the Premises the following sums, payable in advance on or before the first day of each calendar month of the Term: Year 1 $1,500.00 per month Year 2 $1,575.00 per month Year 3 $1,654.00 per month Year 3 $1,654.00 per month Year 4 $1,737.00 per month Year 5 $1,824.00 per month Year 1 shall begin on the Commencement Date, and each subsequent year shall begin on the anniversary of the Commencement Date. Rent for any period less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Landlord at its address at Accounting Dept., City Hall, 410 E. Washington St., Iowa City, IA 52240 or to such other address as Landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all separately metered regular utility charges related to the use of the Premises, including all water, sewer, gas, electricity, and telephone. Tenant shall pay for all janitorial services and regular cleaning service to the Premises. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a bus terminal and the handling of passengers, baggage and package express and any other activities reasonably related thereto. 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 10. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 11. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except .for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). In seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withhold. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Promises (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 12. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs and replace broken glass, including exterior windows, in the Premises. With the exception of three (3) doors as noted below and the exterior windows, Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, insect infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall maintain, repair, and replace the three (3) exterior doors to the Premises as depicted on Exhibit B, which is incorporated herein. Tenant shall surrender the Premises in as good order, repair and condition as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 13. SIGNAGE. Landlord, at its expense, shall provide and affix three signs, the specifications of which are found in Section 10400 of the Agreement between Knutson Construction Services, Inc. and the City of Iowa City for the construction of the Court Street Transportation Center, which are incorporated herein by reference. Repair and replacement of said sign located on the building fa(;ade above the entrance on the Court Street entrance and said sign above the entrance from the common area shall be at the Tenant's sole expense, and repair and replacement of said sign on the facade facing Dubuque Street shall be at the Landlord's sole expense. 14. TAXES. Landlord, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 15. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general liability and auto liability insurance in a company or companies'authorized to do business in the State of Iowa, in the following amounts: Type of Covera.qe a. Comprehensive General Liability Each Occurrence Ag~rec~ate (1) Bodily Injury & Property Damage $1,00,000 $2,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $1,000,000 c. Excess Liability $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. Notwithstanding any provision herein to the contrary, Tenant may satisfy its insurance obligations hereunder by self-insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage. 16. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 17. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction. 18. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section. this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consecuential or special damages, such as Tenant's relocation and moving expenses. 19. DEFAULTS. The following shall constitute "Events of Default": (a) Monetary. Tenant shall fail to pay Rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 20. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bdng an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Premises, (excluding coaches) to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. (i) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 21. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 22. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 23. NON-DISCRIMINATION Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Tenant shall remain in compliance with all requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. The prohibition of discrimination based upon sexual orientation does not require the Tenant to provide equitable benefits to domestic partners. 24. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease 25. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With copies to: If to Tenant: Director of Parking & Transit City Attorney Greyhound Lines, Inc. 1200 S. Riverside Dr. 410 E. Washington St. P.O. Box 660382 Iowa City, IA 52240 Iowa City, IA 52240 Dallas, Texas 75266-0362 Atten: Real Estate The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 26. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 27. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 28. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 29. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 30. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 31. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 32. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 33. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 34. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY GREYHOUND LINES, INC. yor Jac-'~-I~aL~gs'~nd / ~-- VicUresident & Attest: City C'Terk By ./z,,f,,~---,' CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day~ before me, the undersigned, a notary public in and for the of Iowa, 3peared Ernest W. Lehman and Marian K. Karr, to me personally known, y sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument; that the seal the seal of said municipal corporation; that said instrument was signed and on said municipal corporation by authority of its City Council; and for and City ich officers acknowledged that the execution of said instrument toJ3e~he voluntary act and deed of corporation, by it and by them voluntarily executed. Notary Public the State of Iowa 10 GREYHOUND ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) his day of ,2005, the undersigned, a Notar lic in and for the State of.. owa, personally appeared and ,to me personall, being by me duly sworn, did say that they , respectively, of the ~g the foregoin!that no seal has been procured by the corporation; rument was si behalf of the corporation by authority of its Board of Directors; that and ged the execution of the instrument to be the voluntary act and deed of the cor ~nd of the fiduciary, by it, by them and as fiduciary voluntarily executed. Notary Public in and for the Approved: City Sue/CommDev/GreyhdLease2 11 LEASE BETWEEN THE CITY OF IOWA CITY AND GREYHOUND LINES, INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City or "Landlord") and Greyhound Lines, Inc. ("Tenant") in Iowa City, Iowa. RECITALS A. The of Iowa City, a municipal corporation, is the owner of title to certain premises situated ~e City of Iowa City, State of Iowa, commonly the Court Street Transportation Center ~d has the authority to lease said premises. B. Greyhound Inc., is a Delaware Corporation. C. The parties enter into a lease for space in Street Transportation Center. In consideration of the foregoing the mutual covenants contained, and for other good and valuable consideration, and s which are hereby acknowledged by the parties, Landlord and Tenant agree as }REEMEN' 1. DATE. This Lease is made to be of June 30, 2005. 2. PREMISES. Landlord hereby Tenant and Tenant hereby leases and takes from Landlord for the Term the real property ~ s~ng approximately 1,963 square feet of floor space located on the ground floor of the corner of the Court Street Transportation Center more particularly described in the "A" (the "Premises") attached hereto and incorporated herein, together with md uninterrupted right of access to and from the Premises. 3. TERM. The term of thi~ ("Term") shall ve (5) years, commencing on July 12, 2005 ("Commencement Date extending through ,2010 unless sooner terminated pursuant to any provision Option to Renew. Wi~ exception of Section 5 Tenant shall have the option to renew this Lea~ upon the same terms and conditions ,ntained herein for four (4) successive five (5) year ,rms following the initial term. Tenant shall required to give notice to Landlord, in writing, less than 180 days prior to the expiration the preceding term of Tenant's intent to ;ise an option for a renewal term. Rent shall ~otiated by the parties prior to the beginr of each of the four (4) renewal terms. 4. Landlord shall be responsible for, and shall pay for all associated with the fit-out of Premises, consisting of non-fixtures, furniture, any floor Tenant shall reimburse Jlord for the full costs of said fit-out, but not to exceed $190 thirty (30) days of written itemization with supporting documentation of said costs. RENT. Tenant shall pay to Landlord as rent for the use of the Premises e following advance on or before the first day of each calendar month of the Year 1 $1,500.00 per month Year 2 $1,575.00 per month Year 3 $1,654.00 per month 1 Year 4 $1,737.00 per month Year 5 $1,824.00 per month Year 1 shall begin on the Commencement Date, and each subsequent year shall begin on the anniversary of the Commencement Date. Rent for any period less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Landlord at address at Accounti Ig Dept., City Hall, 410 E. Washington St., Iowa City, IA 52240 or to address as Lan~ ~rd may designate by written notice as provided herein. 6. AND JANITORIAL. Tenant shall pay for all se metered re§ular utility related to the use of the Premises, including all water, gas, electricity, and telephone, shall pay for all janitorial services and regular service to the Premises. 7. PREMISES. Tenant shall use the Premises the conduct of Tenant's operation of a terminal and the handling of passengers, bag! and package express and any other related thereto. 8. QUIET Landlord covenants and tees that so long as Tenant observes and all of the agreements and covena required of it hereunder, Tenant shall peaceable and etly have, hold and enjoy the for the Term without any encumbrance, interferen( or hindrance by Landlord. use of the Premises is limited or denied through rezoning, vironmental impact edict, o~ action of any public or quasi-public agency or governmental 3rity, this Lease, at the option of Tenant, shall terminate as of the effective date of such n and the rent applyi to the unexpired portion of the Term will abate. 9. REPRESENTATIONS WARRANTII AND COVENANTS OF TITLE. Landlord hereby represents, warrants and to that as of the Commencement Date: (a) Landlord is the sole simple of the Premises and has full right, power and authority to grant the estate demi and to execute and perform all of the terms, provisions, covenants and agreements p in this Lease; (b) to the best of its kn~ Premises complies with all applicable zoning requirements, ordinances, regulatio and all ~plicable laws, affecting the Premises or required in Tenant's use of the Premises common appurtenant to the Premises, including the Americans with Disabilities (or other affecting handicapped access) and any environmental impact or traffic or req and (c) the Premises not contain any asbE Hazardous Materials (as defined in Section 28 herein) and Lar is not in violation of an~ederal, state or local law, ordinance or regulation relating to indu,,~'hygiene or to the environmental conditions on, under or about the Premises including, bu,t/n~ limited to, soil and ground w~er condition, and that no previous occupant of the Premi,,~es ~ ; used, generated, manufactured~stored or disposed of on, under or about the Premises//a~y/Hazardous Materials, as determined b~Court\ of competent jurisdiction. 10. ASSI MENT AND SUBLETTING. Tenant shall not ~[ssign this Lease, or sublease all or a part of/the Premises for any purpose, without the prior v~tten consent of Landlord. If Tenant suble~Yses all or a part of the Premises with Landlord's writtei~consent, Tenant agrees to remain pri~irily liable for the payment of rent for the remaining term of~is Lease. / \ M ,OVEME.TS ^.D ^DD T O.S. 'ren ,nt. ,ithout Landlord's conse~~lterations, improvements, or additions in, on oiX,about the Premises, whi Tenant may deem necessary or desirable, except for structural repai~and maintenance, whi are the sole obligation of Landlord, provided such alteration, improv~.ent, or addition 2 costs not more than one thousand dollars ($1,000.00). In seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withhold. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machine~ equipment and furnishings, shall remain the property of Tenant and may be removed Any personal property, fixtures, alterations, improvements, or additions not ret by Tenant within thirty (30) after the end of the Term shall automatically becor the property of Landlord. Landlord at its sole expense, make any alterations, improve or additions to the Promises ( or non-structural) that may be required on of any existing or future laws of any authority, except alterations, im or additions to the Premises as may be d solely by reason of the nature of Tena~ business. In no event shall Tenant make any es, modifications, alternations, or add to the exterior of the Premises without Landlords' written approval, any provision contained herein to the contrary. 12. REPAIRS AND !NANCE. Tenant shall ordinary interior repairs and replace broken glass, including r windows, in the PrE With the exception of three (3) doors as noted below and the windows, Landlord maintain and promptly make all exterior repairs and common area all replacements or retro-fitting of a permanent character (including, but not ited to, in the air conditioning, boiler and heating systems, HVAC system, sprinkler ga.' electrical and plumbing fixtures and hot water systems, including heaters), and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water tic footings, Building Systems (as herein defined) and structural repairs, support system alterations, reconstructions, or additions necessitated by reason of lapse of weakness or decay, insect infestation, or damage to or destruction of the Premises, or' ~art thereof, or which may, at any time, be required by any governmental or public au for any damage caused solely by Tenant's negligence. Tenant shall of any known defect, damage, decay or dangerous condition associated with g em. As used herein, 'Building Systems' means the building utility elements essE for use and occupancy of the Premises including, but not limited to, such as are not Idily accessible to Tenant, such as underground water, sewer, other utility and all elevator services and maintenance services related to Premises. Tenant maintain, repair, and replace the three (3) exterior doors to the as depicted on B, which is incorporated herein. Tenant shall surrender the in as good order, repair condition as the same were in the commencement of the T, damage by fire and items by extended coverage insurance, unavoidable cas, reasonable wear and tear, rations, improvements and additions made by Landlord's failure to repair excepted. 13. SIGNAGE. at its expense, shall provide affix three signs, the specifications of whi, are found in Section 10400 of the ent between Knutson Construction Servic Inc. and the City of Iowa City for the ,n of the Court Street Transportation Ce~ which are incorporated herein by reference. Re 'and replacement of said sign the building fa(;ade above the entrance on the entrance and said sign entrance from the common area shall be at sole expense, and repair and of said sign on the fa~:ade facing Dubuque shall be at the Landlord's expense. 1, TAXES. Landlord, during the Term, shall pay promptly when all general ad vale real estate taxes and assessments which may be imposed upon the F ~mises. Tenant shall all taxes assessed against and levied upon Tenant's trade fixtures and all other p( property of Tenant contained in the Premises. As used herein, the term estate tax'" any form of tax, assessment, license and permit fees, rent tax, income tax, ~nchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 15. II~SURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain~eneral liability and auto liability insurance in a company or companies authorized to do business l~.he State of Iowa, in the following amounts: Type of Ogvera.qe a. Compre~nsive General Liability Each A~re~ate (1) Bodily~njury & Property Damage 000 $2,000,000 b. Automobile Li~bxility Sin.qle Limit (1) Bodily Injur~ Property Damage $1,000,000 c. Excess Liability ~ $1,000,000 $1,000,000 d. Worker's Compensatior~ required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of copies of said policies, naming the Landlord as an additional insured. Tenant shall (15) days' notice to the Landlord before cancellation of said insurance. Notwithsta y provision herein to the contrary, Tenant may satisfy its insurance obligations hereund suring any or all of its insurance liabilities and Tenant shall, upon Landlord's request, :lng such coverage. 16. INDEMNITY. Tenant hereby releases the Landlord from any and all liability, whether contract or tort uding strict liability and negligence) for any loss, damage or injury of any ~ature whatsoever ned by Tenant, its employees, agents or invitees during the term of thi., including, but not fited to, loss, damage or injury to the property of Tenant that may or stored in the ises, unless such loss, damage or injury is caused by the Landl~ gross negligence or ~al willful misconduct. The parties hereby agree that under no shall the Landlord iable for indirect, consequential, special or exemplary da es, whether in contract or (including strict liability and negligence), such as, bu~ limited to, loss of revenue or profits or other damage related to the leasing of Premises under this Lease. 17. DAMAGE DESTRUCTION. If the Premises is dama~ or destroyed in whole or in part by fire or casualty, Landlord shall repair and restore Premises to a good tenantable All rent shall wholly abate in case the entire is untenantable, or shall abate pro for the portion rendered untenantable in case a part on is untenantable, until the Premises ' to a tenantable condition. Landlord shall and complete all work required be done under this Section with reasonable promptness d diligence. In the event Landlo repairs or restores the Premises, the rent due under this ;hall be abated or reduced pr y during any period which, by reason of such damage lestruction, there is any with the operation of the business of Tenant. If Landlord not commence the repa' restoration within fifteen (15) days after the damage or rs, or if repair will require more than ninety (90) days to complete, Tenant may, at ant's option, termin; this Lease by giving Landlord notice of Tenant's election to do so at an, prior to :ement of the repair or restoration. In that event, this Lease shall as of the date of such damage or destruction. 4 18. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely an~/substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises Tenant may elect to terminate ti' Lease as of the date the condemning authority Tenant's election to ate shall be made in writing within thidy (30) Landlord has given Tenant written the taking (or in the absence of such fifteen (15) days after the condemning ority has taken possession). If Tenant terminate this Lease in accordance with this ;ction. this Lease shall remain in full for effect as to the portion of the Premises remainin that rent shall be reduced in proportion that the area taken diminishes the value Jse of the Premises to Tenant. Landlord, at its expense, shall promptly repair any ,mage to the Premises cau., by condemnation and restore the remainder of the Premises he reasonable satisfaction Tenant. Any award or made upon cond~ of all or any part Of the Premises shall be the property of such or payment is made as compensation for the taking of the fee or as damages; Tenant shall be entitled to the podion of any such award or payment for dama, to Tenant's trade fixtures, removable personal property, and additions, alterations nents made to the Premises by Tenant, and for its loss of business or the lea.' created or any other consequential or special damages, such as Tenant's relocation a~ ~ving expenses. 19. DEFAULTS. The following si Istitute "Events of Default": (a) Monetary. Tenant fail to'X, 3ay Rent at the time required or any other monetary obligation or payment uired his Lease when due, and such failure shall continue for a period of ten (10) d~ following notice from Landlord to Tenant; or (b) Non-performal Tenant shall fail observe or perform any of the other covenants, terms or in the Lease a warranty made by Tenant shall fail to be accurate and complete, such failure shall con and not be cured for a period of thirty (30) days after written not by Landlord to Tenant, that if the default is not reasonably susceptible of being cu~ within thirty (30) days, an of Default shall occur only if the Tenant fails to promptl~ ce such cure or fails diligently pursue such efforts to completion; or (c) Receivership. If (i) Tenant files a in bankruptcy or for reorganization or an pursuant to any present or federal or state bankruptcy law or under ar or state law, or is adjudicated a insolvent, or makes an assignmel for the benefit of its creditors, or admits in writing lability to pay its debts ' become due, or if a petition or answer proposing the dication of Tenant as a bankrupt reorganization of Tenant under any present or future or state bankruptcy law or a similar federal or state law is filed in any court and such )n or answer is not dischar or denied within thirty (30) days after the filing thereof; or (ii) trustee or lic of all or substantially all of the assets of Tenant or of the ~sed Premises or an' thereof is appointed in any proceeding brought by or against ,ant and is not di ed within thirty (30) days after such appointment or if Tenant consents acquiesces appointment. 20. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) ~. Landlord shall have the immediate right upol of this Lease to bring an action f~r forcible entry and detainer. \ (c) Tena~ to Remain Liable. No termination of this pursuant to the provisions of this Lease, by ,n of law or otherwise, and no reposse of the Premises or any part thereof pursuant to this or otherwise shall relieve of its liabilities and obligations hereunder, all of which survive such termination, re or reletting. (d) Da'maqes. event of any termin~ of this Lease or eviction from or repossession of the Premises any part thereof by of the occurrence of an Event of Default: (i) Rent and es. Tenant: pay to Landlord the Rent and other sums and charges required to be paid by ~nant for to and including the end of the Term or expiration of an option period as whichever is later. (ii) Leased Premises. lord shall be entitled to offset any amount owing by Tenant under the preceding section, ainst any "value added damages" Landlord may be liable for pursuant to this Lease. (e) hts Cumulative No right or remedy herein conferred upon or reserved to Landlord is intended to exclusive tny other right or remedy, and each and every right and remedy shall be cumulati and any other right or remedy given hereunder or now or hereafter existing at or in equity or statute. In addition to the other remedies provided in this Lease, Landlo shall be entitled, ~e extent permitted by applicable law, to injunctive relief in case of violation, or attem or threatened violation, of any of the covenants, agreements, or provisions of Lease, or to a decree compelling performance of this Lease any other ) Landlord at law or in equity. (f) Landlc to Cure.. If after written ~, Tenant fails to pay any utilities charges described in 5, insurance premiums descril n Section 15, the cost of any of the repairs or required to be made by Tenant ant to the Lease or any other charges, costs or required to be paid under the Lease shall have the right, but not the oblig to make all such payments, and in addition other remedies under this Lease, Landlo~ have the option of requiring Tenant to re Landlord ihe amount of such paymer shall be deemed additional rent hereunder) on with interest after demand at rate per annum. (the "Default Rate"). (g) Late Charqe, Default Rate. If Landlord does not payment of any install of Rent or any other sum or charge required to be paid by lant to Landlord within ten (10) days after the same falls due (regardless of wht ~er Tenant has re notice of the delinquency), Landlord may impose a late charge five percent of the amount of such delinquent sum and if such sum is not received by ~dlord within (30) days of its due date, such sum shall, in addition, bear interest at the Rate from /~ due date until the date paid. 6 (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Premises, (excluding coaches) to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. (i) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any Rent or any other sum payable hereunder, with knowledge of the breach of any covenants or agreements contained herein shall not be a waiver of such breach. 21. HOLDING OVER. If Tenant remains in possession after the expiration or termination of and without the execution of a new Tenant shall be deemed to be occupying the as a tenant from subject to all of the conditions, provisions and obli( ~s of this Lease insofar as they applicable to a month-to-month tenancy. 22. ACCESS BY (a) Landlord or Lan~ 's agents, rep~ or employees shall have the right at any time upon at least twent hours or (except in emergencies, in which case only such notice, if any, as may circumstances shall be required) to enter upon the Premises for the purposes of the same, determining whether this Lease is being complied with, and curing (as permit ~erein) any default by Tenant. (b) Landlord or Landlord's ~resentatives, or employees shall have the right whenever necessary and without not the Premises for the purpose of repairing or maintaining any of Landlord's ! adi or abutting the Premises. 23. NON-DlSCRIMINATIOI Tenant n consideration of the right to lease the Premises that Tenant, its and agents ot discriminate against any person in employment or public accoml because of race ligion, color, creed, gender identity, sex, national origin, sexual on, mental or disability, marital status or age. "Employment" shall includ but not be limited to hiring, registering, classifying, upgrading, or referring to "Public accommodation" ~all include but not be limited to providing goods, facilities, privileges and advantages public. Tenant shall remain in compliance with requirements of 49 C.F.R. Part 21 ation in Federally Assisted Programs Depadment of Transportation. The of discrimination based upon sexual orien' does not require the Tenant to provide ~le benefits to domestic partners. 24~ enforcemeLn~oithTi~el;sWeS of the State of Iowa shall ~l,overn the validity, 25. NOTICES. Notices, statements and other communications to be given under th~, terms of the Lease~be in writing, unless otherwise provided herein, and sent by certif~d or registered mail, or by commercial courier, return receipt requested, and addressed as follows'~ 7 If to Landlord: With copies to: If to Tenant: Director of Parking & Transit City Attorney Greyhound Lines, Inc. 1200 S. Riverside Dr. 410 E. Washington St. P.O. Box 660362 Iowa City, IA 52240 Iowa City, IA 52240 Dallas, Texas 75266-0362 Real Estate address and person for written communication may be nged upon ten (10) days' written other party. 26. WAIVl SUBROGATION. Landlord and Tenant and ~arties claiming under or through them hereby release and discharge each other, a other tenants or occupants of the' building in the Premises is located, and employees, agents, representatives, nd business visitors of Landlord or such other tenants or occupants, from all and liabilities arisin( by any hazard covered by insurance on or in th the Premises or said bL even if caused by the fault or negligence of a released party, release shall apply or to the extent that such claim, loss or liability is covered by insurance. 27. ENVIRONMENTAL Tenant with all environmental laws during the term of the Lease, but shall bear no and shall not assume any conditions for any existing environmental materials Materials on the Premises. Landlord agrees to indemnify, defend and hold Ter harmless from and against any and all loss, damage, liability and expense (including ~ble attorneys' fees) that Tenant may incur as a result of any claim, demand or action 'ironmental conditions, Hazardous Materials or any other environmental laws and regulati~ .~ctly resulting from Tenant's activities on the Premises. 28. HAZARDOUS MATERIALI The term rdous Materials' as used herein shall include but not be limited to asb~ flammable ex 5, dangerous substances, pollutants, contaminants, hazardous wastes, substances, and other chemical, material or related substance exposure to which is or regulated by governmental authority having jurisdiction over the Premises, substances defined as rdous substances," "hazardous materials" or "toxic substances the Comprehensive ~tal Response Compensation and Liability Act of 1980, as by Superfund Reauthorization Act 42 U.S.C. §6901, et seq.; the Materials Transportation U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. et seq.; Toxic Substances 15 U.S.C. §2601, et seq.; Clean Water Act, [}1251, et seq.; the laws, regulations rulings of the state in which the Premises is or any local ordinance affecting the s; or the regulations adopted in publication pursuant to any of such laws and ~ces. 29. The invalidity or unenforceability of any I this Lease, as determined by a of competent jurisdiction, shall in no way affect of the remainder of or any other provision hereof. 30. EN AGREEMENT. This Lease and any addenda and exhibits led hereto or to be hereto, set forth all of the covenants, promises, agreements, and mditions between and Tenant concerning the Premises and this Lease and are no ~romises, agreements or conditions, either oral or written, between .. This Lease not be modified or amended in any manner except by an instrument in w~ting execL by the parties hereto. BINDING EFFECT. The covenants, conditions and agreements contained in the shall bind, apply to and inure to the benefit of the parties hereto and their respective SL 32. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 33. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the or as a limitation on the scope of the particular section to which they refer. 06/15/2003 WED 10:32 FAX 214 849 $ ~003/003 34. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA GREYHOUND LI INC. Mayor j~ & Attest: City Clerk Appr~ CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of. before me, the undersigned, a notary public in and for the of Iowa, irnest W. Lehman and Marian K. Karl to me personalh who being by me duly sworn, ' that they are the Mayor and City Clerk, respectively said municipal corporation the within and foregoing instrument; that the affixed thereto is the seal of said corporation; that said instrument was si sealed on behalf of said municipal ¢or by authority of its City Council; City Clerk as such officers ackr sxecution of said instrument to y act and deed of said corporation, and by them voluntarily executed. Notary Public in and of Iowa Attorney's Office Iowa City, IA 52244-1241 June 21, 2005 To: City Council Members Re: Changes in the Waiver Policy for CDBG/HOME awards Last Tuesday Iowa City was fortunate to receive help from 137 Old Navy staff who came from all over the Midwest and dedicated a day's labor to helping spruce up the Southeast part of the city. Three city parks, Grant Wood School's praide, the Safety Village, the hiking trail, the Neighborhood Center on Broadway and the transitional housing on Broadway all were improved by the efforts of these volunteers at no cost to the city. Iowa Valley Habitat for Humanity initiated and coordinated the work without any expectation of thanks or acknowledgement. Then, two days later we learned only by chance, that the Council was entertaining changes to the CDBG program which negates the possibility of a forgivable loan and tums it into a loan that must be paid back by people earning under 50% of area median income. You will vote on and likely approve a change in how CDBG/HOME monies will be loaned to housing groups. This change will impact money which had been recommended by a committee many months ago and approved by Council nearly two months ago. I know that whatever I say tonight will likely be too little and too late to affect the vote. I must also tell you that the affected agencies were neither told of the proposed changes nor asked how the changes would impact their efforts. This feels frustrating to someone who runs an agency which seeks to create win/win outcomes. Sometimes it feels like the more we do for the community the more we are penalized for helping. Permit to take a minute to explain how Habitat works so you may have some insight into our dilemma. We build a home for working families who put in 250 hours of sweat equity per adult family member. They buy the home from Habitat with some major stipulations and limitations in the multiple mortgages they sign. The first mortgage is taken out for the total cost of the project without any profit built into the price. For instance, the first mortgage might be for $90,000 at 0% interest for 25 years. They also sign a second mortgage for the difference in the appraised market pdce minus the first mortgage. This has been averaging about $30,000 this past year. This second mortgage is due in full if the house is sold in the first seven years of occupancy. During this pedod of time the family would only receive back the amount they have paid in and they would not be allowed to tap any equity. During the next seven years the second mortgage is forgiven at 1/7 per year. in year fifteen the second mortgage is completely forgiven. This second mortgage makes it difficult for any kind of quick sale and profit to occur as well as making it difficult for any predatory lenders to suck out the equity in the property. Dudng the first 15 years Habitat has the dght of first refusal to purchase back the home from the family in order to keep it affordable. During the 11 years Iowa Valley Habitat for Humanity has been building homes here in Johnson County no families have defaulted on their mortgages or sold their homes. · Page 2 June 21, 2005 What happens to the money the families pay back on their mortgages to Habitat.? 100% of what is paid back by families is plowed back into new homes in the community. Literally we are recycling funds from the city and pdvate donors to keep on building for the foreseeable future. At this time we are building one new home each year from the mortgage payments of families we have assisted previously. What does the proposed change mean to Habitat?. I cannot rightly say since we have not had time to run new scenarios. For certain it cuts back on the amount we plow back into new housing since we would have to pay on a loan which was always forgivable before. Under the proposal only two options exist for those who stay in their homes. They could pay an average of about $118 per month over 30 years to the city. Or, if they make no payments for 20 years, a balloon payment is due and they might be put into financial jeopardy or possibly lose their homes. We just don't know. We want to help families build a strong future for themselves, their neighborhood and for the community. We want your and need your help to do so. We pledge our help to build safe, decent and affordable homes for Iowa City if we are encouraged to do so. Sincerely, /, Mark Patton / Executive Director MEMORANDUM DATE: ~lune 13, 2005 TO: City Council . FROM: Steven Nasby, Community and EcOnomic Development Coordinator ~ RE: CDBG and HONE Investment Policy Revisions At work sessions on Nay 2, 16 and .lune 6, the City Council discussed investment policies for CDBG-funded public facilities projects. The resolution on the .lune 7 City Council agenda included staff's recommendation for public facilities projects and also included the housing, economic development and public service investment policies that have previously been discussed by Council. At the .]une 7 meeting the Council deferred a resolution adopting the CDBG and HONE investment policy, as proposed, because it did not include a provision for "waivers". A subcommittee of the City Council meet with staff to discuss the inclusion of a waiver provision. The Council subcommittee is recommending the following: · The "earned grant" for public facilities activities is not forgiven in annual installments but is triggered at the end of the compliance period if the subrecipient fulfils the terms of the applicable CDBG Agreement. Staff also recommends that the policy include a maximum compliance period of 99- years. · The policy for homeownership projects will be modified to add an option for the repayment of the CDBG\HOME loan over a 30-year amortization period. ·At this time, the CDBG\HONE Investment Policy should not contain a "waiver" provision. On ~lune 21 the Council agenda will include the resolution deferred from .]une 7 with the change to the public facilities and housing sections. No changes are necessary for the "waiver" provision as it was not provided for in the original resolution. The attachment is the new "Exhibit A" for the resolution. Since the 2006 fiscal year starts on .luly 1, it is imperative to have policies in place so we can finalize our Community Development Block Grant and HONE Agreements. If you have questions or need additional information please contact me at 356-5248 or via e-mail at Steven-Nasby@ iowa-city.org. Cc: Housing and Community Development Commission Karin Franklin, Director of Planning and Community Development Exhibit A CDBG and HOME Program Investment Policies Economic Develooment Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council Economic Development Committee. The Council Economic Development Committee will make a recommendation to the City Council for each project proposed for funding. Said recommendation shall include the amount of CDBG assistance to be allocated and the terms of investment. Typically, for-profit business projects will receive Iow-interest loans; whereas, non-profits may be recommended for forgivable loans or grants. Decisions regarding investment terms for economic development projects will be made based on the nature of the projec~ including, but not limited to, the risk, potential for growth, the number of and quality of jobs created for Iow-moderate income persons, the ability to repay a loan and the amount of other funding leveraged. Housinq The interest rate for rental housing activities will be zero percent (0%) for non-profit owned projects and prime rate (determined at the time the CDBG\HOME agreement is executed by the City) minus two points for for-profit owned projects with an amortization period up to thirty (30) years or the period of affordability, whichever is less. Assistance to homeownership projects will have two repayment options as shown herein. 1. A 20-year loan that must be paid in full when the Iow-moderate income homeowner sells, transfers title, moves or rents the property or the 20-year term expires, whichever occurs first. No interest will accrue and no payments will be required to be made by the property owner prior to payoff. 2. The homeowner has the option to make monthly payments to the City or its designee in the form of a 30-year, zero percent (0%) amortized loan, if this amortized loan starts at the time the assistance is provided. Public Facilities The City of Iowa City, as the recipient of Community Development Block Grant (CDBG) funds, utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201(c) that are completed by the City and\or subrecipents. The following policy applies to CDBG assistance provided to non-governmental subrecipients ("governmental" includes only jurisdictions with taxing authority as provided for in Iowa Code). Projects that receive an allocation by the City of ~[owa City will receive an earned grant, as defined herein, which will be secured by a mortgage or other comparable security instrument. The compliance term of the earned grant will be determined by the formula also provided herein. At the end of the applicable compliance term the lien or other security instrument will be released by the City. If the real property is leased, the lease shall be for a period that matches or exceeds the compliance term of the earned grant. · Earned Grant: A lien against the realproperty being assisted, or other comparable security, which is repaid only upon transfer of title, rental of the property, or termination of services or occupancy as outlined in the applicable CDBG Agreement. If the subrecipient fully satisfies the terms outlined in the applicable CDBG Agreement the mortgage against the property, or other security instrument, will be released by the City following the completion of the compliance period that begins on the date of execution of the mortgage or security instrument. · Earned Grant Formula: The total amount of CDBG assistance allocated to a subrecipient in any one Cityfiscalyearfor a "public facility"project divided by $3,0OO equals the number of CDBG compliance years for the Earned Grant. (For example: $17,000 in CDBG assistance divided by $3,000 would equal a compliance term of S. 67 years or 68 months). If the Earned Grant Formula results in a compliance term of less than one year (12 months) the minimum compliance term shah be one year (12 months) and if the Earned Grant Formula results in a compliance term of more than ninety-nine (99) years the maximum compliance term shah be ninety-nine(99) years. Public Service Public Service projects as defined in 24 CFR 570.201 (e) shall receive CDBG assistance in the form of a grant with a term of not less than one year. Proposed CDBG Changes Page 1 of 2 Marian Kart From: Haas, Ray [ray-haas@uiowa.edu] Sent: Saturday, June 18, 2005 1:56 PM To: counciI@iowa-city.org Subject: Proposed CDBG Changes Dear City Councilors - This letter is written to address two significant issues surrounding CDBG funding and its impact on Iowa Valley Habitat for Humanity (IVHFH). First, thank you very much for the support you have provided IVHFH during the past decade via the CDBG grants you have provided to IVHFH. These grants played an integral role in our ability to build simple decent affordable homes for qualified families in Iowa City. Our partner families earn less than fifty (50%) of the median area income for their family size. They contribute fifty (50) sweat equity hours per adult member in the family before they are permitted to choose a house plan. They provide an additional two hundred (200) hours per adult family member during the construction process. Upon becoming homeowners, like any homeowner, they make monthly mortgage and property tax payments. The key to affordability for our partner families is one of Habitat for Humanity International's covenant principle: partner families pay no interest on .their mortgage. By the end of 2005 we will have thirteen (13) partner families living in Habitat homes in Iowa City; they will pay approximately $18,200 in property taxes annually. Second, I am writing to express serious concern. It has come to my attention that the Council is considering adopting language into its regulations that will dramatically change the way CDBG/Home money may be used and ultimately its ability to help those in need. It is my understanding that the proposed change will eliminate the traditional "grant" concept which has served the community well. Proposed instead is the issuance of interest free loans. While interest free loans may help some programs become more affordable for a limited target audience, the consequences for IVHFH and the families we serve may be devastating. Currently a waiver is requested for forgivable loans for many of the programs serving the Iow/moderate income population of the city. Heretofore the Council has reserved the right to turn down any waiver request; thus granting the Council some discretionary power. The proposed change in regulation takes away any discretionary power and forces groups, no matter how worthy, to take on additional debt in the case of IVHFH the average CDBG/Home loan in 2005 will be nearly $30,000 per family. Any medical emergency, job loss, disability, etc. could force a family to sell their home thus triggering a balloon payment for the amount of the CDBG/Home loan. In such an instance IVHFH would buy the home back from the family and sell it to another income-qualified family (earning between 25% and 50% of the area median income). Under the proposed rule, Habitat would be required to make the $30,000 payment to the city.. IVHFH adheres to all of Habitat for Humanity International's covenant principles; one of which says that all money received from partner family mortgage payments are channeled directly into funding to construct additional homes. It is likely IVHFH could not withstand the loss of the $30,000 subsidy (per home) and continue to build additional homes in Iowa City Personally I have been involved with Habitat for Humanity as a volunteer in various capacities in other locations since the late 1980's. I am a co-founder of a Habitat for Humanity Habitat affiliate in Missouri and have built Habitat homes in Kansas, Missouri, Illinois and Iowa. From my perspective I see nothing broken within the current format. I see families living in simple decent affordable homes; homes for which they pay full property taxes. I implore you to retain the forgivable loan program so we collectively can use this federal money for its intended purpose: to uplift poorer neighborhoods and families. Why change a system that is appropriately fulfilling its mission? Thank you for your attention to and consideration of this request. I welcome the opportunity to speak to any or all members of the Council and can be reached at 341-7756 (home) or 356-3501 (work) if you desire to speak to me regarding your issue. Sincerely, Ray Haas President, Board of Directors Proposed CDBG Changes Iowa Valley Habitat for Humanity t:~{~ Pagelof2 Marian Karr From: bmlangguth@hillsbank.com Sent: Saturday, June 18, 2005 12:32 PM To: cou ncil@iowa-city.org Subject: CDBG/HOME repayment structure regulations...Discretionary Power to allow waiver from traditional loan to declining balance forgivable loan Dear Council Member, Why try to change somethin~g that is not broken? You are preparing to adopt language into your regulations that will dramatically change the way CDBG/HOME money may be used and, in the end, its ability to help those in need. The proposed change eliminates the traditional "grant" (in most recent years this has been administered as a declining balance forgivable loan) which has served the community and Habitat for Humanity families well. What is proposed are interest free repayable loans. While interest free loans may help some programs become more affordable for a limited target audience, the consequences for the families that Iowa Valley Habitat for Humanity serves have the potential to be devastating. Currently, a waiver to the traditional loan structure can be requested (for the declining balance forgivable loan) by many of the programs serving the low/moderate income population of the city. The Council has reserved the right to turn down any waiver request and we support this, based on the need of the program administering the funds. By reserving the right to turn down any waiver, the Council maintains discretionary power in the allocation of funds, and how those funds might best be structured to serve the client base and the program administering this funding source. The proposed change in regulation takes away this discretionary power of the council and forces groups, no matter how worthy, to take out additional debt. In the case of Habitat for Humanity partner families, the effect could be disastrous. Any medical emergency, job loss, disability, etc. could force a family to sell their home, which would result in a balloon payment of the amount of the CDBG/HOME loan (average in 2005 will be nearly $30,000 per family). Currently Habitat for Humanity would buy the home back from the family and sell it to another income qualified family (earning between 25%-50 of the area median income). Under the proposed rule, Habitat would have to come up with the $30,000 payment to immediately repay this loan. Our mission requires us to serve those under 50% of our median income, and with land acquisition costs as high as they are in Iowa City, the loss of the $30,000 subsidy would make this mission impossible in Iowa City. The City of Iowa City does derive direct dollar benefits from the current system. Habitat families pay full property taxes. By the end of 2005 there will have been 13 Habitat homes constructed in Iowa City, paying approximately $18,200 per year in property taxes. We believe that we are one of very few non-profit groups that can claim to pay full property taxes on projects funded through the use of CDBG/HOME funding. Without the CDBG/HOME grant, it is unlikely that Iowa Valley Habitat for Humanity can continue to build in Iowa City due to the high cost of residential lots. Iowa Valley Habitat for Humanity is one of few organizations that actually loans money to families in this targeted income segment without interest, provides an opportunity for home ownership (tax assessed and revenue producing for the community) and reinvests each dollar that it receives from these loans back into new home construction for this same population. The City of Iowa City is guaranteed that the CDBG funds that it allocates to IVHFH are being~used for exactly the right reasons...over and over again. 6/20/2005 Page 2 of 2 We ask that you continue to allow a request for waiver of the repayable CBDG/HOME loan and continue to allow the declining balance forgivable loan program for Iowa Valley Habitat for Humanity. We appreciate your partnership in fulfilling the intent of this federal money.., to uplift poorer neighborhoods and families. Thanks for your consideration. Sincerely, Brad Langguth Past President, Iowa Valley Habitat for Humanity 1070 Pheasant Valley Street Iowa City, IA 52246 318-337-2312 Home 6/20/2005 MEMORANDUM DATE: June 21, 2005 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinator RE: CDBG\HOME Investment Policies At the work session on .lune 20 there was a consensus of the Council to add another investment option to the "Housing" policy for homeownership projects. The new language would provide for a direct grant to certified non-profit organizations that use the CDBG\HOME funds for a Community Land Trust project. The specific language is as follows: "Zf CDBGIHOME ass/stance is provided to a certified non-profit organization, for a Community Land Trust project, the CDSGIHOME funds w/ii be in the form ora grant." On May 16 the Council had also agreed to the provision of a grant for Tenant Based Rent Assistance through the HOME program. The language for this provision has also been added to the "Housing" section of the policy. zf you have any questions z will be in attendance at the Council meeting on 3une 21. Exhibit A CDBG and HOME Program [nvestment Policies Economic Develooment Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council Economic Development Committee. The Council Economic Development Committee will make a recommendation to the City Council for each projec~ proposed for funding. Said recommendation shall include the amount of CDBG assistance to be allocated and the terms of investment. Typically, for-profit business projects will receive Iow-interest loans; whereas, non-profits may be recommended for forgivable loans or grants. Decisions regarding investment terms for economic development projects will be made based on the nature of the project including, but not limited to, the risk, potential for growth, the number of and quality of jobs created for Iow-moderate income persons, the ability to repay a loan and the amount of other funding leveraged. Housing The interest rate for all rental housing activities will be zero percent (0%) for non-profit owned projects and prime rate (determined at the time the CDBG\HOHE agreement is executed by the City) minus two points for for-profit owned projects with an amortization period up to thirty (30) years or the period of affordability, whichever is less. Assistance to homeownership projects will have three repayment options as shown herein. 1. A 20-year loan that must be paid in full when the Iow-moderate income homeowner sells, transfers title, moves or rents the property or the 20- year term expires, whichever occurs first. No interest will accrue and no payments will be required to be made by the property owner prior to payoff. 2. The homeowner has the option to make monthly payments to the City or its designee in a form not to exceed a 30-year, zero percent (0%) amortized loan, a 30-year amortized loan must start at the time the assistance is provided. 3. If CDBG\HOHE assistance is provided to a certified non-profit organization, for a Community Land Trust projed(, the CDBG\HOHE funds will be in the'form of a grant. All HOHE funds provided for Tenant Based Rent Assistance will be in the form of a grant. P~blic Facilities The City of Iowa City, as the recipient of Community Development Block Grant (CDBG) funds, utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201(c) that are completed by the City and\or subrecipents. The following policy applies to CDBG assistance provided to non-governmental subrecipients (''governmental" includes only jurisdictions with ~axing authority as provided for in Towa Code). Projects that receive an allocation by the City of Iowa City will receive an earned grant, as defined herein, which will be secured by a mortgage or other comparable security instrument. The compliance term of the earned grant will be determined by the formula also provided herein. At the end of the applicable compliance term the lien or other security instrument will be released by the City. If the real property is leased, the lease shall be for a period that matches or exceeds the compliance term of the earned grant. · Earned Grant:/1 lien against the realproperty being assisted, or other comparable security, which is repaid only upon transfer of title, rental of the property, or termination of services or occupancy as outlined in the applicable CDBG ~tgreement. If the subrecipient fully satisfies the terms outlined in the applicable CDBG ,~greement the mortgage against the property, or other security instrument, will be released by the City following the completion of the compliance period that begins on the date of execution of the mortgage or security instrument. · Earned Grant Formula: The total amount of CDBG assistance allocated to a subre~ipient in any one Cityfiscal year for a "public facility"project divided by $3,000 equals the number of CDBG compliance years for the Earned Grant. (For example: $17,000 in CDBG assistance divided by $3,000 would equal a compliance term of S. 67 years or 68 months). If the Earned Grant Formula results in a compliance term of less than one year (12 months) the minimum compliance term shah be one year (12 months) and if the Earned Grant Formula results in a compliance term of more than ninety-nine (99) years the maximum compliance term shah be ninety-nine(99) years. Public Service Public Service projects as defined in 24 CFR 570.20~, (e) shall receive CDBG assistance in the form of a grant with a term of not less than one year. Exhibit A CDBG and HOME Program Investment Policies Economic Development Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council ~ic Development Committee. The Council Economic Development Committee will make a recommendation to the for each project proposed for funding. Said recommendation shall include the amount of CDBG assistance to be ~nd the terms of investment. Typically, for-profit projects will receive Iow-interest loans; whereas, non-profits may be recommended for forgivable loans or ¢ Decisions regarding investment terms for economic development projects will be made based on the nature of the ~cluding, but not limited to, the risk, potential for growth, the number of and qual of jobs created for Iow-moderate persons, the ability to repay a loan and the amount of other funding Housincj The interest rate for rental ctivities will be 0% for non-profit owned projects and prime at the time the CDBG\HOHE agreement is, the City) minus two points for for-profit with an amortization period up to 30 years or period of affordability, whichever is less. Assistance to homeownership in the form of a 20-year loan that must in full when the Iow- moderate income homeowner sells, title, moves or rents the property or t term expires, whichever occurs first. No interest will accrue and no will be made by the propel prior to payoff. Public Facilities The City of Iowa City, as the reci~ Development Block funds, utilizes these funds for "public facilities" projects as defined in 24 )1(c) that are com by the City and\or subrecipents. The following policy applies to CDBG assistance provided subrecipients ("governmental" includes only jurisdictions with taxing authority as provided for in Code). Projects that receive an allocation by the City of Iowa Ci~ an earned grant as defined herein. The compliance term of the earned grant will be determined by the formula provided herein. If the real property is leased, the lease shall be for a period that matches or exceeds the complia~ of the earned grant. · Earned Oran._~...~t: ,q lien against the realproperty b~i~ng other comparable security, which is repaid only upon ~ of title, rental of the property, or term{n/dtion occupancy as outlined in the applicable CDBG Agreement. If the subrecipient fully satisfies t~te terms outlined in. applicable CDBG Agreement the mortgage against the property, or other security instrument, will p~. released b: of the compliance period that begins on the date of execution of the mor,~age or security instrument. · Earned Grant Formula: The total a,rn'ount of CDBG assistance a subrecipient in any one Cityfiscalyearfor a "public facility "project divided by. S3,000 equals the number of( the Earned Grant. (For example: $17,000 in CDBG assistance divided by $3,000 would equal a of S. 67 years or 68 months). If the Earned Grant Formula results j,/t a compliance term of less than one year the minimum compliance term shall be one year (12 months). / Public Service // Public Service projects as d/efined in 24 CFR 570.201 (e) shall receive CDBG 1 the form of a grant with a term of not less than one year./ / Prepared by: Steven Nasby, Community & Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 05-213 RESOLUTION ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES. WHEREAS, the U.S. Department of Housing and Urban Development, allows the City of Iowa City, Iowa, flexibility on the allocation and investment of CDBG and HOME funds; and WHEREAS, the Iowa City City Council has discussed investment policies for the use of CDBG and HOME funds; and WHEREAS, the Iowa City City Council wishes to establish specific policies for public facilities, public service, housing and economic development activities; and WHEREAS, the FY06 Annual Action Plan containing the allocation of CDBG and HOME funds was approved by Resolution 05-169; and WHEREAS, adoption of the CDBG and HOME investment policies defined herein are applicable to FY06 and future CDBG and HOME funded projects; and WHEREAS, the City Council finds that the public interest will be served by the adoption of CDBG and HOME investment policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City City Council hereby approves and adopts the CDBG and HOME investment policies shown in Exhibit A. 2. CDBG and\or HOME projects funded in FY2005 and years prior thereto are not affected by the adoption of this resolution and changes to the terms of those agreements will not be entertained. 3. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) Or other legal entities. Passed and approved this 21st day of June ,2005. CITY ~LERK City Attorney's Office Resolution No. 05-213 Page 2 It was moved by Bailey and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef Wilbum X Exhibit A CDBG and HOHE Program Investment Policies Economic Development Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council Economic Development Committee, The Council Economic Development Committee will make a recommendation to the City Council for each project proposed for funding, Said recommendation shall include the amount of CDBG assistance to be allocated and the terms of investment. Typically, for-profit business projects will receive Iow-interest loans; whereas, non-profits may be recommended for forgivable loans or grants. Decisions regarding investment terms for economic development projects will be made based on the nature of the project including, but not limited to, the risk, potential for growth, the number of and quality of jobs created for Iow-moderate income persons, the ability to repay a loan and the amount of other funding leveraged. Housina The interest rate for all rental housing activities will be zero percent (0%) for non-profit owned projects and prime rate (determined at the time the CDBG\HOME agreement is executed by the City) minus two points for for-profit owned projects with an amortization period up to thirty (30) years or the period of affordability, whichever is less. Assistance to homeownership projects will have three repayment options as shown herein. 1. A 20-year loan that must be paid in full when the Iow-moderate income homeowner sells, transfers title, moves or rents the property or the 20- year term expires, whichever occurs first. No interest will accrue and no payments will be required to be made by the property owner prior to payoff. 2. The homeowner has the option to make monthly payments to the City or its designee in a form not to exceed a 30-year, zero percent (0%) amortized loan, a 30-year amortized loan must start at the time the assistance is provided. 3. If CDBG\HOME assistance is provided to a certified non-profit organization, for a Community Land Trust project, the CDBG\HOME funds will be in the form of a grant. All HONE funds provided for Tenant Based Rent Assistance will be in the form of a grant. Public Facilities The City of Iowa City, as the recipient of Community Development Block Grant (CDBG) funds, utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201(c) that are completed by the City and\or subrecipents. The following policy applies to CDBG assistance provided to non-governmental subrecipients ("governmental" includes only jurisdictions with taxing authority as provided for in Iowa Code). Projects that receive an allocation by the City of Iowa City will receive an earned grant, as defined herein, which will be secured by a mortgage or other comparable security instrument. The compliance term of the earned grant will be determined by the formula also provided herein. At the end of the applicable compliance term the lien or other security instrument will be released by the City. If the real property is leased, the lease shall be for a period that matches or exceeds the compliance term of the earned grant. · Earned Grant: .4 lien against the real property being assisted, or other comparable security, which is repaid only upon transfer of title, rental of the property, or termination of services or occupancy as outlined in the applicable CDBG Agreement. If the subrecipient fully satisfies the terms outlined in the applicable CDBG Agreement the mortgage against the property, or other security instrument, will be released by the City following the completion of the compliance period that begins.on the date of execution of the mortgage or security instrument. · Earned Grant Formula: The total amount of CDBG assistance allocated to a subrecipient in any one Cityfiscalyearfor a ~`public facility ~~ pr~ject divided by $3~~~~ equals the number ~f CDBG c~tnpliance years f~r the Earned Grant. (For example: $17,000 in CDBG assistance divided by $3,000 would equal a compliance term of 5.67 years or 68 months). If the Earned Grant Formula results in a compliance term of less than one year (12 months) the minimum compliance term shall be one year (12 monthy) and if the Earned Grant Formula results in a compliance term of more than ninety-nine (99) years the maximum compliance term shall be ninety-nine(99) years. Public Service Public SerVice projects as defined in 24 CFR 570.201 (e) shall receive CDBG assistance in the form of a grant with a term of not less than one year. Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 05-214 RESOLUTION ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30, 2006 on February 15, 2005, and public comments received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2006 for Human Services Aid to Agencies was adopted by Resolution 05-110, on March 1, 2005 totaling $433,954; and WHEREAS, Council Members Vanderhoef and Bailey were appointed by Council as representatives to the Human Services hearings for 2006, and presented their recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1) The recommendations from Council Member Vanderhoef and Bailey attached are hereby adopted. Passed and approved this 21st day of June ,20 05 CITY CLERK City Attorney's Office It was moved by Bailey and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey × Champion x Elliott x Lehman x O'Donnell x Vanderhoef Wilburn x FY2006 Human Services Aid to Agencies Budget Request Recommended REQUESTS FOR AID TO AGENCIES FY2005 FY2006 FY2006 Human Services Agencies - United Way: 4 C's** 2,000 2,000 Arc of Johnson County** 2,000 2,000 Big Brothers/Big Sisters $ 33,402 $ 35,072 $ 34,404 Crisis Center 37,815 39,805 38,193 Domestic Violence Program 49,688 52,172 50,185 Elderly Services Agency* 56,554 58,816 57,685 Free Medical Clinic 6,033 6,214 6,214 HACAP -Hawkeye Area Community Action 7,793 ICARE - Iowa Center for Aids Resource 8,439 8,900 8,692 Jo Co Office of the American Red Cross 5,235 6,000 5,287 Mayor's Youth Employment 21,194 25,000 20,000 MECCA* 27,221 28,600 28,038 Neighborhood Centers 57,495 76,400 59,220 Rape Victim Advocacy 11,011 11,450 11,121 Shelter House 16,245 22,500 16,407 STAR Program** 10,000 5,000 United Action for Youth* 59,430 80,000 61,213 Youth Pre-employment/Job Training (Collaborative Grant) 14,250 16,000 Subtotal: United Way Human Services Agencies 411,805 464,929 421,659 Other Human Service Agency funding I requests: Neighborhood Centers - Grant Wood School Project 2,295 Johnson County Juvenile Justice Youth Development Program 2,500 2,500 Contingency use: 9,510 7,500 ~ubtotal: Other Human Services Agencies 9,510 2,500 12,295 Grand Total: Aid to Human Services Agencies: $ 421,315 $ 467,429 $ 433,954 Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City IA 52240 (319) 356-5230 RESOLUTION NO. 05-215 RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO Al-rEST THE SAME, WHEREAS, the State of Iowa has received funds for the Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Emergency Shelter Grants Program funding in the amount of $87,974 available to the City of Iowa City for program administration and support of Shelter House Community Shelter and Transition Services, Domestic Violence Intervention Program, Greater Iowa City Housing Fellowship and Table to Table. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Emergency Shelter Grants Program funding (05-ES-004), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Emergency Shelter Grants Program funding. 3. The Mayor or the City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 21 st day of June ,20 05 Approved by cITY~_ERK City Attorney's Office pC~:tcdbg/res/ernerg shelter.doc Resolution No. 0.5-215 Page 2 It was moved by Champion and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~. Champion x Elliott x Lehman x O'Donnell X Vanderhoef x Wilburn IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT RECIPIENT: City of Iowa City ESGP CONTRACT NUMBER: 05-ES-004 AWARD DATE: July 1, 2005 EFFECTIVE DATE: July 1, 2005 CONTRACT EXPIRATION DATE: June 30, 2006 AWARD AMOUNT: $ 87,974 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing providers of services to the homeless; and WHEREAS, the Grantee has agreed to enter into this contract on behalf of the homeless service providers designated for funding through the Department; and WHEREAS, the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the quality of existing providers of services to the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT. "Act" means the Stewart B. McKinney Homeless Assistance Act of 1987 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment A, Budget Summary and consistent with federal regulations and guidelines applicable to the ESGP program. 1.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the contract expiration date first stated; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. 1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. Contract Number: 05-ES-004 Page 2 of 11 1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1987, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related Subrecipient's grant application together with any related submittal documents. 1.9 GRANTEE. "Grantee" means the entity named as the immediate recipient of the funding in this contract. The Grantee, in turn, awards funding to one or more Subrecipients, and acts as the administering agency between the IDED and the Suhrecipient(s). 1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: (a) In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; (b) In an emergency shelter; (c) In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; (d) In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution); (e) Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; (f) Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks to obtain needed housing; or (g) Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. 1.11 HOMELESS MANAGEMENT INFORMATION SYSTEM (ItMIS). "Homeless Management Information System (HMIS)" means the HUD mandated computerized data collection system designed to capture client-level information over time on the characteristics and service needs of homeless persons. In Iowa, this HMIS data is collected through the ServicePoint data collection system - Iowa Homeless Information Management Network. I. 12 HOMELESS PREVENTION. "Homeless Prevention" means activities or programs designed to prevent the incidence of homelessness, subject to the limitations in 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. 1.13 ItUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.14 PROJECT. "Project" means the work, services, and other activities to be performed or accomplished by the Subrecipients as described in this Contract and the ESGP applications of these Subrecipients approved by the Department. 1.15 SUBRECIPIENT. "Subrecipient" means the homeless service provider(s) funded by the Grantee using the funds provided through this Contract. (Subrecipients may also be referred to as Homeless Service Providers.) ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 3 of 11 ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation from the Emergency Shelter Grants Program (ESGP), 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within sixty (60) days after the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee and its Subrecipients are to commence as of the effective date first stated and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before the contract expiration date first stated. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee and its Subrecipients by the Department for any item of work or service shall conform to the budget as presented in Attachment A, "Budget Sununary." It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) It is understood by the Grantee and its Subrecipients that local effort (cash and/or in-kind) must be provided in an amount at least equal to the non-administrative grant award amount. It is expressly understood by the Grantee and its Subrecipients that should local effort not at least equal grant funds expended, the applicable Subrecipient will be required to refund the difference between the documented local effort and non-administrative grant funds expended. As part of the Payment RequesffStatus of Funds (specified in Article 08.1(b)), the grantee and its Subrecipients shall identify the cash and in-kind local efforts contributed during the report period. (b) Cash. If thc Grantee and its Subrecipients agree to provide cash contribution to the Project, then such contribution shall be provided in accordance with the approved Budget Summary, Attachment A. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (c) In-Kind. If the Grantee and its Subrecipients agree to provide in-kind contributions to the Project, then said contribution shall be as shown in the approved Budget Summary, Attachment A. 3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Homeless Assistance Grants Manual, which has been distributed by IDED to the Grantee. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 4 of 11 ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee and its Subrecipients shall have accomplished the activities and performance targets as described in Attachment A, "Budget Summary," and as further elaborated in the Joint Grant Application. 4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee and its Subrecipients have met its performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment A, "Budget Summary." The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee and its Subrecipients shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the Grantee's approved Emergency Shelter Grants Budget Summary (Attachment A). 5.2 BUDGET REVISIONS. Any substantive change to a funded ESGP project, including time extensions, budget revisions and significant alteration to proposed activities, shall be considered a contract amendment. The subreceipient or Grantee shall request the amendment in writing. No amendment shall be valid until approved in writing by IDED. In no instance shall a budget revision result in total.costs exceeding the total Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities 5.3 COST VARIATION. a) In the event that the total Project cost is less than the amount specified in the Emergency Shelter Grants Budget Summary (Attachment A), the IDED may reduce the ESGP participation at the same ratio to the total project cost reduction as the ratio of the ESGP funds to the total amount of funds provided by the Subrecipient and all funding sources requiring a proportional reduction of their financial contribution to the Project. Any disbursed excess above the reduced ESGP participation amount shall be returned immediately to the Department. b) In the event that the total Project cost is greater than the amount specified in the Emergency Shelter Grants Budget Summary (Attachment A), the Department shall, upon request, consider increasing the ESGP participation in the same ratio to the total increase in project cost as the ratio of the ESGP funds to the total amount of funds provided by the Subrecipient and all other funding sources able and willing to offer the Project an increase of funds. The consideration of an increase of ESGP funds for a Project shall be subject to availability of funds, determination of reasonable and allowable costs, and all other applicable program rules. c) The Subrecipient may request the Department to increase the ESGP participation to an amount that is higher than the proportional ratio. The Department may permit such a higher increase if, in the Department's judgement, the Subrecipient has demonstrated financial hardship. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: 6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 5 of 11 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this Contract until the Grantee and its Subrecipients have satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, "Environmental Review Procedures for the Community Development Block Grant Program," and summarized in the Homeless Assistance Grants Manual. In addition, construction contracts for non-exempt activities shall not be executed and construction shall not begin prior to providing the Department with documentation of the Recipient's compliance with Section 106 of the National Historic Preservation Act and 36 CFR Part 800, "Protection of Historic Properties." The Recipient shall comply with any programmatic Memorandum of Understanding between the Iowa Department of Economic Development and the Iowa State Historic Preservation Office, applicable to any activities included in this contract. 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. 6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies), shall receive and review the Subrecipient agreement between the grantee and approved Subrecipient(s). "Provider ServicePoint Compliance Certification 05-06" for the Iowa Homeless Information Management Network must be submitted to the Iowa Institute for Community Alliances for each Subrecipient before funds will be released. The IDED must receive confirmation that each Provider funded in the previous year is in compliance with the requirements of the Homeless Management Information System (ITMIS). Each Provider shall submit two reports showing completeness of data: Provider Entry Compliance 05-06 and Provider Open Record Compliance 05-06 before funds will be released. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that: 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract, has been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Depamnent are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The application(s) from the Subrecipients to be administered by the Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Subrecipiem since the date the Subrecipient submitted its ESGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee or its Subrecipients, threatened against the Grantee or its Subrecipients affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or its Subrecipients or any property involved in the Project. 7.5 PRIOR AGREEMENTS. To the knowledge of the Grantee, neither the Grantee nor its Subrecipient(s) have entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Grant Contract. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 6 of 11 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF THE GRANTEE 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee and its Subrecipients shall perform the project's work and services by the Contract Expiration Date. Subrecipients are required, to the maximum extent practicable, to involve homeless individuals and families in the renovation, maintenance, and operation of facilities assisted under the Emergency Shelter Grant Program. (b) REPORTS. The Grantee, in cooperation with its Subrecipients shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The Payment Request/Activity Status report and the HMIS Data Certification for Draws - Provider Monthly Detail Entry Form shall be submitted to the Department by the 15th of the month to ensure timely payment. The Grantee and its Subrecipients shall review all reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs, that ServicePoint data are up-to-date and complete, and that Provider performance targets are being met. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Payment Request/Activity Status (Form 1) 15th of every month after submitting initial request (original and three copies) HMIS Data Certification- 15th of every month after submitting initial request (one copy per Provider Monthly Entry Detail Report provider Applicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1996, as amended, and OMB Circular A- 133. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS. The Grantee and its Subrecipients shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee and its Subrecipients shall maintain books, records, documents and the ServicePoint database in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain hard copies of these materials for a period of five (5) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a five (5) year period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 7 of I 1 (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee and its Subrecipients shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy, so long as no identifiable data about persons who receive service is released, (i) any plans and work details pertaining to the Project, (ii) all of the Grantee and its Subrecipients' books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee and its Subrecipients shall provide proper facilities for making such examination and/or inspection. Upon request, aggregate data about persons receiving services will be provided. (e) USE OF GRANT FUNDS. The Grantee and its Subrecipients shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. (f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (i) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project, and (v) documentation to verify clients served with grant dollars. (g) NOTICE OF PROCEEDINGS. The Grantee and its Subrecipients shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee or its Subrecipients. (h) INDEMNIFICATION. The Grantee and its Subrecipients shall indemmfy and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performance of tins Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee or its Subrecipients becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circular A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Govermnents"), OMB Circular A-133 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85. (ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100-77) and regulations which implement this law. (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101-235), and implementing regulations. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 8 of 11 (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213; and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of 1986; and regulations which implement these laws. (ix) Fair Labor Standards Act and implementing regulations. (x) Requirements for the Notification, Evaluation and Reduction of Lead Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, Final Rule (24 CFR Part 35, et al.). (xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing regulations. (xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resources Act (16 U.S.C. 3501) (xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601) and implementing regulations; (xiv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing regulations. (xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121 ] and implementing regulations. (xvi) Drag Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F. (xvii) Administrative roles adopted by the Iowa Department of Economic Development, 261 Iowa Administrative Code, chapter 24. (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Homeless Assistance Grants Manual. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 9 of 11 (xviv) HUD's Homeless Management Information Systems (HMIS); Data and Technical Standards Final Notice, July 30, 2004. 8.2 MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any Subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or Subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The Subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies to the Department. 8.3 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of the Grantee or its Subrecipients in connection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee or its Subrecipient(s). (b) NONCOMPLIANCE. If there is a failure by the Grantee or its Subrecipient(s) to comply with any of the covenants, terms or conditions contained in this Contract. (c) NON-COMPLETION. If the Project, in the sole judgment of the Department, is not completed on or before the Contract Expiration Date. (d) MISSPENDING. If the Grantee or its Subrecipient(s) expends Grant proceeds for purposes not described in the ESGP application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee or its Subrecipient(s) occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a thirty (30) day period in which the Grantee or its Subrecipient(s) shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it, to do one or more of the following: (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee or its Subrecipient(s) under this Contract plus interest. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 10ofll 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee or its Subrecipient(s) is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee and its Subrecipients shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "Budget Summary," dated July 1, 2005. 2. Attachment B, Service Provider Applications. 3. Attachment C, "General Provisions," dated March 19, 2004. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of priority shall govern: 1. Articles 1 through 11 herein. 2. Attachment A, "Budget Summary," dated July 1, 2005. 3. Attachment B, Service Provider Applications. 4. Attachment C, "ESGP Program General Provisions," dated March 19, 2004. ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the project is completed as determined by the department. 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Pagellofll days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. 11.9 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRANTEE: City 0f~oWa City/~ The H0n0}a-ble Ernest W. Lehman Mayor, City of Iowa City City Hall - 410 E. Washington St. Iowa City, IA 52240-1826 DATE: IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: BY: SANDY EHRIG, DIVISION ADMINISTRATOR DATE: ESGP Grant Format Updated May 10, 2005  Emergency Shelter Grants Program (ESGP) Attachment A - Budget Summary Report Criteria: Contract #: 05-ES-004 Match Persons Essential Homeless Total Require- to be Prov,# Provider Name Admin Rehab Services Operating Prevention Budget ment Served Contract Effective Date: Grantee: 05-ES.004 - City of Iowa City 7~1/200~ 52001 Domestic Violence Intervention $0 $0 $0 $20,000 $2,000 $22,000 $22,000 400 Program 52003 Shelter House Community Shelter $0 $0 $0 $36,000 $0 $36,000 $36,000 430 and Transition Services 52004 Greater Iowa City Housing Fellowship $0 $0 $0 $1,358 $12,217 $13,575 $13,575 50 52007 Table to Table $0 $0 $0 $12,000 $0 $12,000 $12,000 99,999 52999 Admin - City of Iowa City $4,399 $0 $0 $0 $0 $4,399 $0 0 Subtotal for 05-ES-004: $4,399 $0 $0 $69,358 $14,217 $87,974 $83,575 100,879 Homeless Assistance Proorams Page I of 1 Attachment A - Budclet Summary ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved as to Form March 19, 2004 1.0 AMENDMENT. a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations where amendments are required include extensions for completion o£Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. 2.0 AUDIT REQUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee expends $300,000 or more in federal funds within the applicable fiscal year. If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report will be provided to the IDED. For projects where audits are not required by OMB Circular A-133,the IDED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. If requested, this audit and review will be at the expense of the IDED. 3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. 4.0 UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other means or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. 5.0 PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. 6.0 INTEREST EARNED. To the extent that interest is earned on ESGP funds, this interest shall be returned to IDED. 7.0 SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A- 87. Contract Number: 05-ES-004 Page 2 of 4 8.0 TERMINATION. a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. b) FOR CONVENIENCE. IDED and the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under the Contract shall, at IDED option, become the property of IDED. c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or Subrecipients which are receiving ESGP funds. c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. Contract Number: 05-ES-004 Page 3 of 4 14.0 CIVIL RIGHTS. a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local offices. c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Code, Section 19B.7, Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these roles and regulations. d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Grantee certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. iii. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with. funds made available through this con~act. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an otherwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or activity. Contract Number: 05-ES-004 Page 4 of 4 f) FAIR HOUSING. The Grantee shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. g) SECTION 3 COMPLIANCE. The Grantee shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS, In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa) or as otherwise provided by law. i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690). The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. LOCAL GOVERNMENT GRANTEE EMERGENCY SHELTER GRANTS PROGRAM FY 2005 CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER I, Ernest W. Lehman Chief Executive Officer of City of Iowa City, certify that the local government will ensure compliance by units of local government and nonprofit organizations to which it distributes funds under the Emergency Shelter Grants Program with: (1) The requirements of 24 CFR 576.25(b)(2) concerning the submission by nonprofit organizations applying for funding of a certification of approval of the proposed project(s) from the unit of local government in which the proposed project is located. (2) The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grant funds are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services, concerning the population to be served. (3) The building standards requirement of 24 CFR 576.55. (4) The requirements of 24 CFR 576.56, conceming assurances on services and other assistance to the homeless. (5) The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable Federal law concerning nondiscrimination and equal opportunity. (6) The requirements of 24 CFR 576.59(b) conceming the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (7) The requirements of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. (8) The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants Program and that the address or location of any family violence shelter project assisted with ESG funds will not be made public, except with written authorization of the person or persons responsible for the operation of the shelter. (9) The requirement of that recipients involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 576.56(b)(2). (10) The requirements of 24 CFR 576.21(a)(4) which provide that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: (A) that the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) that the assistance must not supplant funding for preexisting homeless prevention activities fi:om any other source. (11) The new requirement of the McKinney-Vento Act, 42 USC 11301, to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons fi.om publicly fimded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge fi:om immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. (12) The Drag Free Workplace requirements of 24 CFR Part 24 conceming the Drug Free Workplace Act of 1988. (13) The state will comply with the provisions of, and regulations and procedures applicable under 24 CFR 576.57(e) with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58 as applicable to activities of nonprofit organizations funded directly by the state. The state also agrees to assume the Department's responsibility and authority as set forth in 24 CFR 576.57(e) for acting on the environmental certifications and requests for the release of funds submitted to the state by local government recipients. (14) The state's requirement to provide matching funds required by 24 CFR 576.51 and 42 USC 11375, including a description of the sources and amounts of such supplemental funds, as provided by the State, units of general local government or nonprofit organizations. (11) HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client-level information. I further certify that the submission of a complete and approved Consolidated Plan with its relevant certifications, which is treated as the application for an Emergency Shelter Grant, is authorized under state law, and that the state possesses legal authority to fund the carrying out of grant activities by units of general local government and nonprofit organizations in accordance with applicable laws and regulations of the Department of Housing and Urban Development. I further hereby certify that the local government will ensure the provision of the matching supplemental funds required by the regulation of 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. By: /'d-5~"<,z.,e,.,~ ~.~..J, ~-~i ~'X;---~----~-----'~ ..... ' ' Signature ~d'Date Ernest W. Lehman Typed Name of Signatory Mayor Title AUTHORIZATION TO REQUEST FUNDS City of Iowa City Contract Number: 05-ES-004 On behalf of City of Iowa City, the following person(s) will be authorized to submit for review to the Iowa Department of Economic Development the Form 1 - Status of Funds / Request for Payments. Stephen J. Atkins, City Manager (please print or type name) (print or type title) '~(Signatu~i - /~/ (Date) Alternate (optional) Dale Helling, Asst. City Manager (please print or type name) (pritu or type title) (Signature) ( ~/ ~ (Date) This authorization is hereby granted on ,2005. Any change in this authorization will be forwarded in writing to the IDED. IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT RECIPIENT: City of Iowa City ESOP CONTRACT NUMBER: 05-ES-004 AW~iD DATE: July 1, 2005 EFF[CTIVE DATE: July 1, 2005 CONT~RACT EXPIRATION DATE: June 30, 2006 AWARI~.xAMOUNT: $ 87,974 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is ~nade by and ,b,.etween the IOWA ~EPA,,R, TMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moine2s~Iowa 50309 ( Department" or IDED ) and City of Iowa City ("Gr~lltee"). ,/'. WHEREAS, the Department is d~.signated to receive, adnfinister, and ESGP funds; and WHEREAS, the Department disburse grant funds to the purposes to improve the quality of existing providers of services to the and WHEREAS, the Grantee has into this contract service providers designated for funding through the Department; and WHEREAS, the Department ,ject activities; management and financial condition of the Grantee; investment of{ and other material information contained therein; and WHEREAS, the Grantee has certified that the primary purpose for obtaining ESGP funds is to improve the quality of existing providers of services to NOW, THEREFORE, the Grantee and conditions set forth in this Contract. In consideration of the mutual promises contained in this good and valuable consideration, it is agreed as follows: As used in this Contract, the following shall apply 1.1 ACT. B. McKinney amended. 1.2 ALLOWABLE COSTS. which are identified on Attachment A, Budget Summary and consistent with and applicable to the ESGP program. 1.3 AWARD DATE. t Date" means the date on the Department approved the ESGP participation. 1.4 CONTRACT "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as contract expiration date first stated; or b) the Contract is terminated by the Department due to any 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment : of this Contract. 1.5 "Effective Date" mea.ns the date upon which the services of the Grantee are to begin and upon which eligible costs may i Contract Number: 05-ES-004 Page 2 of I 1 1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1987, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or :onnection with the Contract, including the ESGP grant and a related Subrecipient's grant appli,lation t~,, related submittal docUments. 1.9 GRANTEE. Grantee cans the entity named as the immediate recipient of the funding in this contract. The Grantee, in mm, awards funding to one ~r more Subrecipients, and acts as/the administering agency between the IDED and the Subrecipient(s). \ / 1. I0 HOMELESS. "Homeless" ~ an individual or fami),~ who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has ~ ' ' httime residue that is: / (a) In places not such as c)~qs, parks, sidewalks, abandoned buildings, on the street; (b) In an emergency shelter; (c) In transitional or supportive for homeless persons who originally came from the streets or emergency shelters; (d) In any of the above places but is s a short time (up to 30 consecutive days) in a hospital or other institution); (e) Is being evicted within a week f dwelling unit and no subsequent residence has been identified and the person :networks needed to obtain housing or their housing has been condemned by housing offi~/~ls and considered meant for human habitation; (f) Is being discharged with/ri a week from an which the person has been a resident for more than 30 consecutive days person lacks the resources and support networks to ~l~tain needed (g) Is fleeing a domes~(c violence housing situation uent residence has been identified and the person lacks the ~6sources and support networks 1.11 "Homeless Management Information System (HMIS)": ;ystem designed to capture client-level information over time on the and service needs ofhomek persons. In Iowa, this HMIS data is collected through the ServicePoint Collection system - Iowa Homeless Information Management Network. 1.12 "Homeless Prevention" means activities or programs designed to prevent subject to the limitations in 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. 1.13 ~ "HUD" means the U.S.'Department of Housing and Urban Development. 1.14 P O~.. "Project" means the work, services, and other activities to be performed or accomplished by the Subrecipients as descr-ltmd in this Contract and the ESGP applications of these Subrecipients approved by the Department. 1.15 SUBRECIPIENT. "Subrecipient" means the homeless service provider(s) funded by the.Grantee using the fimds provided through this Contract. (Subrecipients may also be referred to as Homeless Service Providers.) ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 3 of 11 ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation from the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All are subject to receipt by the Department of sufficient federal funds for the ESGP program. ' termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within sixt, days after the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. / ARTICLE 3 TERMS OF GRANT / / 3.1 TIME OF PERFORMANCE. and its Subrecipients are to commence as of the effective date fn:st stated and shall be undertaken sequence ~ assure their expeditious completion. All of the services 3.2 MAXIMUM PAYMENTS. and agreed that the maximum amounts to be paid to the Grantee and its Subrecipients by the Department for ~ or service shall conform to the budget as presented in Attachment A, "Budget Summary." It is further ~ agreed that the total of all payments to the Grantee by the Department for all work and services required under thisf shall not exceed the award amount first stated unless modified by written amendment of this Contract as in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT RE~ (a) It is understood by the s Subrecipients that local effort (cash and/or in-kind) must be provided in an amount at le', ,-rant award amount. It is expressly understood by the Grantee its ; that should local effort not at least equal grant funds expended, the applicable refund the difference between the documented local effort As part of the Payment Request/Status of Funds (specified in Article 08.1 and its shall identify the cash and in-kind local efforts contributed dining the (b) Cash. Grantee to provide cash contribution to the Project, then such contribution: the approved Budget Summary, Attachment A. levels necessary to I of work and services shall be paid by local funds. / / (c) ~. If the Grantee and its Subrecipients agree to provide in-kind contributions to the Project, then said co?tribution shall be as shown in the approved Bu~[get Summary, Attachment A. 3.4 ADMINIS~RATION.~-- This Contract shall be administered~inXgccordance with 261 Iowa Administrative Code, Chapter 24 and all apt~licable State and Federal laws and regulations, including the Homeless Assistance Grants Manual which has been distributed b~!D?I)_ tq ~e Grantee. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 4 of I 1 ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the ..Contract Expiration Da~e,~ Grantee and its Subrecipients shall have accomplished the activities and A, ~udget Summary," and as further elaborated in the Joint Grant Application. 4.2 COMPLETION. The Department has the f'mal authority to assess whether the Grantee and its Subrecipients have met its at the Contract Expiration Date. The Department shall determine completion according to the set forth in Attachment A, "Budget Summary." The Department reserves the right to monitor and measure at any during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee and i perform in a satisfactory and proper manner, as determined by the Department, the services as written and described in the Grantee's approved Emergency Shelter Grants Budget Summary (Attachment A). 5.2 BUDGET REVISIONS. e to a funded ESGP project, inclucFmg time extensions, budget revisions and significant alteration to shall be considered a contract amendment. The subreceipient or Grantee shall request the amendment in writing. No be valid until approved in writing by IDED. In no instance shall a budget revision result in total the total Contract amount without approval of the Department through the contract amendment process, shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. the final ninety (90) days of the Contract period will be approved by the Department only the revisions are necessary to complete Project activities 5.3 COST VARIATION. a) In the event that the total Project cost than the amount specified in the Emergency Shelter Grants Budget Summary (Attachment A), the IDED reduce the ESGP participation at the same ratio to the total project cost reduction as the ratio of the funds to the total amount of funds provided by the Subrecipient and all funding sources proportional reduction of their financial contribution to the Project. Any disbursed excess above ESGP participation amount shall be returned immediately to the Department. / / / b) In the event that th~/total Project cost is ;pecified in the Emergency Shelter Grants Budget Summary (~ttachment tpon request, consider increasing the ESGP participation in the same ghtio to the total increase in ect cost as the ratio of the ESGP funds to the total amount of flmds provid~dd by the Subrecipient and all c sources able and willing to offer the Project an increase of ~nds. The consideration ~no{ease of ESGP funds for a Project shall be subject to availability of funds,?etermination of reasonable and allo~vable costs, and all other applicable program rules. .\ c) The Subreci~/ient may request the Depamnent to inci~a, se the ESGP participation to an amount that is higher than the pr~/portional ratio. The Department may pern~t such a higher increase if, in the Department's judgement, the S?brecipient has demonstrated financial hards~x~ / ARTICLE 6 CONDITIONS TO DISBURSEMENT OF F1/~NDS Unless and until the f~llowing conditions have been satisfied, the Department s'Xhall be under no obligation to disburse to the Grantee any amounts unjkter this Grant Contract: 1 6.1 GRANT C~RACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 5 of 11 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this Contract until the Grantee and its Subrecipients have satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, "Environmental Review Procedures for the Community Development Block Grant Program," and summarized in the Homeless_~Assistance Grants~Manua~l. In additi~g~c~.qstmction contracts for non-exempt activities shall not be executed and construction shall not begin prior to proym~fng the D'ep~ment with documentation of the Recipient's compliance with Section 106 of the National Historic/~&servation Act and'--3,6 CFR Part 800, "Protection of Historic Properties." The Recipient shall comply with any of Understanding between the Iowa Department of Economic Development and the .pplicable to any activities included in this contract. / 6.3 PERMITS AND LICENSES. Department reserves the rig~tt/to withhold funds until the Department has reviewed and approved all material, such as ~ or licenses from other sta/t/e or federal agencies, which may be required prior to project commencement. / 6.4 The Department, prip~ to the release of funds for the Activity(ies), shall receive and review the Subreci[ t the grantee and ap/16roved Subrecipient(s). "Provider ServicePoint Compliance Certification 05-06" ~ Information Ma/fagement Network must be submitted to the Iowa Institute for Community tt before funds' be released. The IDED must receive confu'mation that each Provider funded in the previous ' ' with Homeless Management Information System(HMIS). Each Provider showing completeness of data: Provider Entry Compliance 05-06 and Provider Open Record will be released. 7 ~ WARRANTIES OF GRANTEE To induce the Department [ to in this Contract, the Grantee represents, covenants and warrants that: 7.1 AUTHORITY. The Grantee is and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as approprig~e resolution ~ fits governing board for the execution and delivery of the Grant Contract, has been effectively taken. / / 7.2 FINANCIAL INFORM~TION. iect provided to the Department are true and c~{-rect in all and completely and accurately represent the subject matter thereof as of the effective date office statements and related and no material adverse change has occurred since that date. / 7.3 APPLICATION.//Fhe application(s) ~ients to be administered by the Grantee which were submitted to the Department for E~GP .fu~nding is a complete and representation of the Project as of the date of submission and there has been no/material adverse change in the personnel of the Subrecipient since the date the Subrecipient spmitted its ESGP 7.4 CLAIMS AcqD PROCEEDINGS. There are lawsuits or proceedings pending or, to the knowledge of the Grantee or/ts Subrecipients, threatened against the or its Subrecipients affecting in any manner whatsoever their rights to e~ecute the Grant or the ability of the Grantee to ] tke th: payments required under the Grant, or to otherw!se co .mply with the/obligations of the Grant c.o.ntaine, d under t~e 3-ra \There are no actions, lawsuits or proceedings at ~r,~aOtre~qa;!~i~s~robreaf~;?ct~nY ~h;V;rn~nn~enet;lr~sasud~nreicS;~etlnVt~ ;;tahnO. rlotYroPl; ~ r, or, to th~ t~leO~;~egc~ of the Grantee, g ' ~ctixg ' 'p yp p rty ,j . 7.5 PRIOR'~GREEMENTS. To the knowledge of the Grantee, the Grantee nor its Subrecipient(s) have entered into any verbal or written contracts, agreements or arrangements of anY kind which are inconsistent with the Grant Contract. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 6 of 11 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. , 7LE 8 GRANTEE 8.1 Until the project has been closed c audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT SERVICES. The Grantee and Subrecipients shall perform the project's work and the Contract Expiration Date. are required, to the maximum extent practicable, and families the renovation, maintenance, and operation of facilities assisted ~ the Emergency Shelter (b) REPORTS. prepare, review and sign the requests and reports as s the form and c the Department. The Payment Request/Activity Status report and s - Provider Monthly Detail Entry Form shall be submitted to the by the 15 of the month to ensure timely payment. The Grantee and its Subre¢ipients shall review all uests, to be submitted not more often than once a month, and verif) that ServicePoint data are up-to-date and complete, and that Provider met. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Payment Request/Activity Status (Form 1) 15~ ' month after submitting initial request (original and three HMIS Data Certification- month after submitting initial request (one copy per Provider Monthly Entry Detail Report provider Applicant/Recipient Disclosure Report to changes Audit Report / In accordance of 1996, as amended, and OMB Circular A- 133. The Department reserves the right to require mo s shown above if, in the opinion of th~Department, more frequent improve the Grantee's Emergency Shelter Grants P~9~ram. (c) RECQRDS. The Grantee and its records, documents and other evidence pert, ~m'ng to all co i: :i' this Grant Contract in sufficient deyiil to reflect all costs, direct and indirect, materials, equipment, supplies, services and other costs ~i}d expenses of whatever nature, for which I is claime :1 under this Grant Contract. The Grantee an( its. Subrecipients shall maintain books, rec~ , ooxcuments and the ServicePoint database in sufficient ~etail to demonstrate compliance with the Grant Conf~act and shall maintain hard copies of these materials [or a period of five (5) years beyond the date upon which the final audit of the project is accepted by IDED. ~ecords for non-expendable property acquired under tl~s Contract shall be retained for a five (5) year period after the final disposition of property. Records shall beX[etained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving th&grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 7 of 11 (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee and its Subrecipients shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy, so long as no identifiable data about persons who receive service is released, (i) any plans and work details pertaining to the Project, (ii) all of the Grantee and its Subrecipients' books, records and accounts, and (iii) all other documentation or materials related 1 the Grantee and its Subrecipients shall provide proper facilities for making data about persons receiving services will be ' ~. (e) USE OF GRANT The Grantee and its. fients shall expend funds received under the Grant only for the purposes and activities described in this i and as approved by the Department. (f) The Grantee shall deliver to upon request, (i) copies of all contracts or agreements relating to the ect, (ii) invoices, or vouchers relating to the Project, (iii) a list of all unpaid bills for in conne~ showing estimated Project costs a required to complete and pay for the Project, and (v) documentation to verif, served with grant { (g) The ( Subrecipients shall promptly notify IDED of the initiation of any claims, e or its Subrecipients. (h) Subrecipients shall indemnify and hold harmless the Department, its officers and em and all losses in connection with the performance of this Contract. (i) the Grantee or its Suhrecipients becomes aware of any material alteration in t t of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee ~ (j) CERTIFICATIONS. the Project will be conducted and administered in compliance with all a laws, regulations and orders. Certain statutes are expressly made applicable to under the Act by the Act itself, while other laws not referred to in the their own terms. The Grantee certifies and assures compliance with the a ; and implementing regulations, including but not limited to, the following: (i) guidelines ' the U.S. Office of Management and Budget, OMB Circular A- for Grants and Other Agreements with Institutions, and Other Nonprofit Organizations"), OMB Circular A-122 ~ of Nonprofit '), OMB Circular A-87 ("Principles for Determining Cjfsts Applicable to Grants am State, Local and Federally recognized Indian Triba!zGovemments"), OMB Circular A-1 ; ("Audits of State and Local Governments") as implementeq by HUD at 24 CFR Part 44, and th, g regulations issued by HUD concerning?dmmistrative requirements fotmd at (ii) ¢itle IV of the Stewart B. McKinney Assistance Act as amended (Public Law 100-77)?nd regulations which implement this law. (iii) f Department of Housing and governing the ESGP program, 24 Cod~of Federal Regulations, Part 576 (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101-235), and implementing regulations. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 8 of I 1 (v)Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applic able, (P.L. 42 U.S.C. 12101 - 12213; and re lated Civil Rights and Equal Opportunity statutes; and r~ which implement these laws. '~ (vi) Fair Housing Act, 84. The Public Fair HousiniAct is part of Title VIII of the Civil Rights Act of 1968 amended (42 U.S.C. 3601 et seq.); SectiOn 3 of the Housing and Urban Development Act of 968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. ~ (vii) Executive Orders 11 !5, 12432, and 12138 as amended, ~;(~ encourage the use of minority connection with activities funded under the program. (viii) Davis-Bacon Act, as 40 U.S.C. 276a - 276a~5), where applicable under Section 110 of the Housing 974, as amended; Contract Work Hours and Safety Standards Act (40 U. i.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defens, 986; and regulations which implement these laws. (ix) Fair Labor ~ implementing regulations. (x) Requirements for the ~ Evaluation and Reduction of Lead Based Paint Hazards in Federally Owned Re ~ ~nd Housing Receiving Federal Assistance, Final Rule (24 CFR Part 35, et al.). ~ (xi) National Environmental ] Act of 1969 (NEPA), as amended, and implementing regulations. (xii) The Flood Disaster i~ .......... : of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resources Act (1 q4J.S.C. 3501) (xiii) Property Acquisition Policies Act of 1970, as amended, (URA)I 4601) (xiv) Hatch A~ (regarding political activity and federally funded activities) and implementin~f~ulations. (xv) Gg~emment-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-12 l~/~nd implementing regulations. ~ (xvi)/Drug Free Workplace Act of 1988 and the r~gulations found at 24 CFR part 24, subpart F. / (xvi~ Administrative roles adopted by the Iowa Dep~rtment of Economic Development, 261 Iov~ Administrative Code, chapter 24. \\ (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Homeless Assistance Grants Manual. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 9 of I 1 (xviv) HUD's Homeless Management Information Systems (HMIS); Data and Technical Standards Final Notice, July 30, 2004. 8.2 MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any Subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or Subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The Subrecipient shall name the >artment as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies ~ the Grant Contract term the Grantee covenants with IDED that it 8.3 NEGATIVE COVENANTS. 'il ten consent oflDED, directly or indirectly:-- shall not, without the prior written disclosure to and' / (a) ASSIGNMENT. Assigr :s rights and responsibilities under this ~Jrant Contract. (b) ADMINISTRATION. ontinue administration activities u~ter the Contract. ~ / -MEDIES 9.1 EVENTS OF DEFAULT. The Grant Contract: (a) warranty or statement made or furnished to the De with this Contract or to induce the Department to the Grantee shall be determined by the Department to be incorrect, false, in any material respect when made or furnished and shall not have been remedied to the satisfaction within thirty (30) days after written notice by the Department is given to the ~ (b) NONCOMPLIANCE. If there is a the Grantee or its Subrecipient(s) to comply with any of the covenants, terms or conditions Contract. (c) NON-COMPLETION. Ifthefi~roject, Department, is not completed on or before the Contract Expiration Dat7 / (d) MISSPENDING. If the ~Jrantee or its Grant proceeds for purposes not described in the ESGP applicati~a~ t~s Contract, or by the Department. / (e) INSURANCE. If lo)~, theft, damage or de ly substantial portion of the property of the Grantee or its Subrecipient(s~ occurs for which there is i ~surance coverage or for which, in the opinion of the Department,/fihere is insufficient insurance. ; ~. / 9.2 NOTICE OF DEFAUI/'r. IDED shall issue a written no of default providing therein a thirty (30) day period in which the Grantee or its Subre/~ient(s) shall have: tn opportunity {re, provided that cure is possible and feasible. 9.3 REMEDIES UPON/DEFAULT. If, after opPortunity to cure,X\the default remains, IDED shall have the right, in addition to any rights and ren~di, es available to it, to do one or more of th~following: (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee or its Subrecipient(s) under this Contract plus interest. ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 10ofll 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee or its Subrecipient(s) is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCQI~PORATED DOCUMENTS / 10.1 DOCUMENTS INCORPO~TED BY REFERENCE. The Grantee andtts Subrecipients shall comply with thc terms and conditions of thc following ~ocuments which are hereby incorporated by r/~fercnce: / 1. Attachment A, "Budget Summary' dated July 1, 2005. / 2. Attachment B, Service Provider Al~lications. / / 3. Attachment C, "General Provisions,"~ated March 19, 2004. 10.2 ORDER OF PRIORITY. In the {vent of a conflict bet~veen~ocuments of this contract, the following order °f pri°rity shall g°v~~ ~ 1. Articleslthroughllherein. ~ 2. Attachment A, "Budget Summary," dated Ju~l, 2005./ / 3. Attachment B, Service Provider Applications. ~ 4. Attachment C, dated March 19, 2004. 11.1 LIMIT ON GRANT HAND Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned i~ , on hand t period of longer than ten (10) working days, after which time any surplus amount shall be returned to the 11.2 BINDING EFFECT. shall and shall inure to the benefit of the Department and assigns. The obligations, covenants, warranties, acknowledgments, waivers, ' ' :onditions of this Grant Contract shall be jointly and severally enforceable against the parties 11.3 SURVIVAL OF If any Contxact is held to be invalid or unenforceable, the remainder The provisions of this survive the execution of all instruments herein mentioned and continue in full force until the project i completed as determined by the department. 11.4 __ This Grant Contract shall be in accordance with the laws of the State of Iowa, and any action relating t only be commenced in Iowa District Court for Polk County or the United States District the Southern District of Iowa. 11.5 NOTICE: Whenever this Grant Contract requires or perm/ts an' or written request by one party to another, it shall be in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business ESGP Grant Format Updated May 10, 2005 Contract Number: 05-ES-004 Page 11 ofll days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant * except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. s in this Grant Contract are intended solely for convenience of reference and shall be given no effect in s Grant Contract. 11.9 INTEGRATION. Thi: Contract contains the entire understanding [~etween the Grantee and the Department and any representations that ' have been made before or after the signing of/this-- Grant Contract, which are not contained herein, are nonbinding, void and no effect. None of the parties have relied on~iny such prior representation in entering into this Grant Contract. 11.9 COUNTERPARTS. 'act may be executed in any numb3ff of counterparts, each of which shall be deemed to be an original, but all of which to shall constitute but one and the/Mme instrument. / IN WITNESS WHEREOF, the Contract on th~atest day and year specified below. GRANTEE: City of Iowa City ,J/ BY: The Honorable Ernest W. Lehman Mayor, City of Iowa City City Hall - 410 E. Washington St. Iowa City, IA 52240-1826 / DATE: IOWA DEPARTMENT BY: SANDY EHRIG, DIVISIO/~ ADMINISTRATOR DATE: / / / / / / / ESGP Grant Format Updated May 10, 2005  Emergency Shelter Grants Program (ESGP) Attachment A - Budget Summary Report Criteria: Contract #: 05-ES-004 Match Persons Essential Homeless Total Require- to be Prov. # Provider Name Admin Rehab Services Operating Prevention Budget ment Served Contract Effective Date: Grantee: 05~ES~004- C~ty of owa C~ty 7/1/2005 52001 Domestic Violence Intervention $0 $0 $0 $20,000 $2,000 $22,O00 $22,000 400 Program 52003 Shelter House Community Shelter $0 $0 $0 $36,000 $0 $36,000 $36,000 430 and Transition Services 52004 Greater Iowa City Housing Fellowship $0 $0 $0 $1,358 $12,217 $13,575 $13,575 50 52007 Table to Table $0 $0 $0 $12,000 ~$0 $12,000 $12,000 99,999 52999 Admin - City of Iowa City $4,399 $0 $0 $0 $4,399 $0 0 Subtotal for 05-ES-004: $4,399 $0 $0 $69,358 $14 17 $87,974 $83,575 100,879 Attachment A - Budget Summary Page 1 of ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved as to Form March 19, 2004 1.0 AMENDMENT. a) WRITING REQUIRED. The Contract may only be amended through written prior approval oflDED. Examples o£ situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to. or inclusion of new activities. b) Notwithstanding paragraph~"a" above, IDED may unilaterally modify the Contract at will in order to accommodate a y change in the Act in the interpretation of the Act or any applicable federal, state or local laws. policies. A copy unilateral modification will be given to the Grantee as an amendment to this £ c) IDED REVIEW. IDED so substantial as to necessitate reevaluating IDED's original funding decision iect. An amendment if it substantially alters the circumstances under which the Project fundin approved or if it ~ not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. 2.0 AUDIT REQUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee federal funds within the applicable fiscal year. If the Grantee is required by State law, or its own pr performed, then a copy of that audit report will be provided to the IDED. For projects where audits are not required by OMB A-133,the IDED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. Jested, this audit and review will be at the expense of the IDED. 3.0 COMPLIANC Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. 4.0 UNALLOWABLE COSTS. ~ monitoring, audit, closeout procedures or by other means or the Grantee will be notified of the questioned costs and ; final determination of the disallowance of costs. Appeals of any determinations will of Chapter 17A, Iowa Code. If it is IDED's final determination that costs IDED are unall ,~ under the terms of the Contract, the expenditures will be 5.0 PROGRAM INCOME. All 'income as defined in OMB and 261 Iowa Administrative Code, Chapter 24, shall be added to the Project Budget further eli >bjectives as defined in the Contract and the Scope of Work in the ESGP Application for Program income further Project objectives will be deducted from the total Project Budget for the costs under the Contract. The final disposition of 6.0 INTEREST EARNED. that interest is earned this interest shall be returned to IDED. 7.0 SUSPENSION. When the / with the Contract, * conditions or standards, IDED may, on reasonable notice to the future or prohibit the Grantee from incurring additional obligations of t Suspension may ~-ranto~e completes the corrective action as required by IDED. 1DED ma~ the Grantee coul/~not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD i~, gulations issued pursuant to OMB Circular A- 87. Contract Number: 05-ES-004 Page 2 of 4 8.0 TERMINATION. a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. b) FOR CONVENIENCE. IDED and the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would no/M~dac~ beneficial results commensurate with the future disbursement of funds. c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. ~At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a~[eduction or term~natmn of ESOP federal grant funds to the State. a) NOTICE. IDED shall provi~le written not~e\to the Grantee of the decpion to terminate, the reason(s) for the termination, and the effective date of the termilcation. If there is a partial terrmnation due to a reduction in funding, the notice will set forth the change in funding and Be changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall {ancel as many out~anding obligations as possible. IDED's share of noncancellable obligations which IDED determines were properS/incurred prior to notice of cancellation will be allowable costs. \ / b) RIGHTS IN PRODUCTS. All finished and ~n~ do.j~uments, data., reports or other material prepared by the Grantee under the Contract shall, at IDED option, 1 t~he property of IDED. c) RETURN OF FUNDS. The Grantee shall return ~D all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid b: ED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be r, rned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay demand any and all reasonable fees and expenses of the Department, including agents, in connection with the exercise or enforcement of any of the rights of the Department unde 11.0 INDEMNIFICATION. the Department, its officers and employees, from and against any and all losses, accruing or resulting ;ubcontractors, laborers and any other person, firm or corporation furnishing or supplying materials or: in connection with the performance of this Contract, and from any and all claims and losses firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. ~ 12.0 CONFLICT OF INTEREST. a) GENERAL. Except funds other related administrative or personnel costs, no persons identified in "b" below who exercise or ~ functions or responsibilities with respect to ESGP assisted activities ~ are in a gain inside information from a ESGP assisted activity, or have an interest in any subcontract or agreement with or the proceeds thereunder, either for themselves or those ~ have family or business les, during their tenure or for one year thereafter. b) __ The conflict of interest provisions ~ above apply to any person who is an employee, agent, or elected Subrecipients v :g ESGP funds. c) Chapter 68B, Code of Iowa, Officials Act", shall be adhered to by the Grantee, its 13.0 SUSPENDED ; OR SUBRECIPIENTS. ESGP funds shall not be used award contracts to, service of, or fund any contractor or Subrecipient during any period of debarment, suspension, or placement in ineligible .r the provisions of 24 CFR Part 24 or any applicable law or regulation Of the Department of Labor. Contract Number: 05-ES-004 Page 3 of 4 14.0 CIVIL RIGHTS. a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative acti and that employees are treated without regard to their race, color, religion, sex, national ori ' Such actio~'rr-r~all include but may not be limited to the following: employment, u ; recruitment or recr/litment advertising; lay-off or termination; rates of pay or other and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth ' ' ' of the nondiscriminatio~ clause in conspicuous places so as to be available to employees. / b) The Grantee shall employees placed by or on behalf of the Grantee that all qualified applicants employment without regard to race, color, national origin, age, Solicitation and Advertisement - The shall list all suitable emph in the State Employment Service local offices. c) The { shall comply with all relevant provisions of the Iowa Civil Iowa Code, Section Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as t.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the Vocational Act of 1973 as (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 .S.C. et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or req and regulations thereof and will permit access to payroll and employment records by gate compliance with these roles and regulations. d) CERTIFICATION REGARDING LOBBYING. The Grantee certifies, to the best of his or her knowledge and 1 that: i. No Federal appropriated funds have paid, by or on behalf of the Grantee, to any person for influencing or attempting to of any agency, a Member of Congress, an officer or employee of Congress, or an 'a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, and the renewal, amendment, or modification of any Federal contract, grant, loan, or ii. If any funds other than s have been paid or will be paid to any person for influencing or attempting to a Member of Congress, an officer or employee, or an in connection with this Federal contract, grant, loan, or cooperative agreemen "Disclosure Form to Report iii. The Grantee shall uire that the lan fication be included in the award documents for all subawards at all subcontracts and contracts under grants, loans, and cooperative agreements) all Subrecipients shall certif, sclose accordingly. This certification is a 1 of fact u was placed when this transection was made or entered into. of this certification is into this transaction imposed by section 1352, title 31 Any person who fails to file the subject to a civil penalty of not less than $1( not more than $100,000 for each such e) The ( h requirements of Title V1 of the Civil Rights Act of 1964 :1-) and HUD regulations issued contained in 24 CFR Part 1. No in the shall on the basis of race, color, national origin,~sex or religion or religious affiliation be person excluded be denied the benefits of, or be subjected to ~scrimination~' under any program or activity Any prohibition against discrimination on the basis of age e Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an otherwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or activity. Contract Number: 05-ES-004 Page 4 of 4 f) FAIR HOUSING. The Grantee shall comply with Title VII1 of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. g) SECTION 3 COMPLIANCE. The I shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the and Urban Development Act of 1968 (12 LLS.C. 1701u). h) NONCOMPLIANCE WITH THE ¢ LAWS. In the event of the Grantee's noncompliance with the nondiscrimination clauses r with any of the aforesaid rules, regulatiqns,'' or requests, this contract may be canceled, terminated, or suspended either In addition, the State of Iowa may take further action, imposing other sanctions and invoking [onal remedies as provided by the Ioxy~ Civil Rights Act of 1965 (Chapter 60lA, Code of Iowa.) or as otherwise I by law. /" i) INCLUSION IN SUBCONTRACTS. The include the provisi/0ns of the preceding paragraphs of Section 14 in every subcontract unless exempt and said provisions will be binding on each subcontractor. The Grantee will take such action with res any subcontract as the S(ate of Iowa may direct as a means of enforcing such provisions including sanctions In the event th~'Grantee becomes involved in or is threatened by litigation with of such direction ~y the State of Iowa, the Grantee may request the State of Iowa to enter into such liti ~e State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program be used foF'~ny partisan political activity or to further the election or defeat of any candidate for public office. Neither the therefore, nor the personnel employed in the administration of this Contract, shall be in conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. Th , with the requirements of Executive Orders 11625, 12432, and 12138. grantee must make efforts to encourage the use of minority vities funded under this part. t7.0 DRUGABUSE. The Grantee will comply with the re( Abuse Act of1988 (P. L. 100-690). The Grantee will administer, in good faith, policies designed t~,ensure ' is free from illegal use, possession, or distribution of drags or alcohol by its b~/oficiaries. / LOCAL GOVERNMENT GRANTEE EMERGENCY SHELTER GRANTS PROGRAM FY 2005 CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER I, Ernest W. Lehman Chief Executive Officer of City of Iowa City, certi~ that the local government will ensure compliance by units of local and nonprofit organizations to whi~butes funds under the Emergency Shelter government Grants Program with: / / (1) The requirements of 24 CFR ~76.25(b)(2) concerning the submissi/0n by nonprofit organizations applying for ful~ding of a certification of approval/of the proposed project(s) in which tbe ect is located. (2) The requirements of 24 CFR: 76.53 concerning the >fbuildings for which Emergency funds are used for or conversion of buildings for use as or when funds are used solely for operating costs served. (3) The building (4) The requirements of 24 CFR 576 assurances on services and other assistance to the homeless. (5) The requirements of 24 CFR 576 other appropriate provisions of 24 CFR Part 576, and other apl[ conceming nondiscrimination and equal opportunity. (6) The requirements of 24 576.59, conceraing the Uniform Relocation Assistance and ~ Policies Act of 1970. (7) The requirements off CFR 576.59 mirfimizing the displacement of persons as project assisted these funds. (8) The req (a) 576.65(b) that grantees develop and implement the ' of records pertaining to any individual family violence under any proy Program and that the address or location ~ family violence shelter project assisted with ESG ftmds will not be made pu~ ¢cept with written authorizatiX9n of the person or persons responsibl~or the operation of the shelter. ~ . (9) The requirement of that recipients involve, to the rr~ximum extent practicable, homeless individuals and families in constructing, r6novating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 576.56(b)(2). (10) The requirements of 24 CFR 576.21(a)(4) which provide that the fimding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: (A) that the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; an.d (D),~.. tlie assistance must not'~xupplant funding for preexisting homeless prevent//i/ofi activities from any other sourc1 (11) The new requirement of ttlk McKinney-Vento Act, 42 USC 113pl, to develop and implement, to the maxim~hn extent practicable and where apprCpriate, policies and protocols for the discharg~ of persons from publicly funded in//titutions or systems of care (such as health ca0ie facilities, foster care or other youph facilities, or correction programs and it~stitutions) in order to prevent sujzh discharge from immediately resulting in hi melessness for such persons./I/further tmderstand that state and local govemme ; are primarily responsible f~. the c.are of these individuals, and that ES( Js are not to be used to/a~sist such persons in place of state and local resources. / (12) The Drug Free uirements of 24/C'FR Part 24 concerning the Drug Free Workplace Act of 1988. / (13) The state will comply with the ' ' /of, and regulations and procedures applicable under 24 CFR respect to the environmental review responsibilities under the ~nvironmental Policy Act of 1969 and related authorities as specified in 24 applicable to activities of nonprofit organizations funded state. The state also agrees to assume the Department's responsibility 'as set forth in 24 CFR 576.57(e) for acting on the uests for the release of fimds submitted to the state (14) The state's funds required by 24 CFR 576.51 and 42 USC 11375, sources and amounts of such supplemental the units of general local government or nonprofit (11) HUD's for participation in Management Information S and the collection of client-level information. I further certify that the of a complete and approve~l Consolidated Plan with its relevant certifications, which is treated as the application for an Emergehcy Shelter Grant, is authorized under state law, and that the state possesses legal authority to fund the carry/ng out of pant activities by units of general local government and nonprofit organizations in accordance with applicable laws and regulations of the Department of Housing and Urban Development. I further hereby certify that the local government will ensure the provision of the matching supplemental funds required by the reg~Oation of 24 CFR 576.51. I have attached to this certification a description of the sor~S and amounts of such supplemental funds. By: Signature ~ . Ernest W. Lehman T~ ignatory Mayor Title ,/ AUTHORIZATION TO REQUEST FUNDS City of Iowa City Contract Number: 05-ES-004 On behalf of City of Iowa City, the following person(s) will be authorized to submit for review to the Iowa Department of Economic Development the Form 1 - Status of Funds / Request for Payments. Stephen J. Atkins, ~ty Manager (please print or type name) ~ (print or type title) ~'(Signatu~j - ~ ~ (Date) Alternate (optional) ~ Dale Helling, Asst. City Manages (Signa~re) ? ~ ~ ,// 5 (Date) ~s authorization'is hereby granted on // ~05. Any c~nge in this author~ation will be fo~arded ~ ~iting to the IDED. / , Mayor Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 05-216 RESOLUTION REPEALING RESOLUTION NO. 05-188 AND ADOPTING A NEW PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION, INSPECTION, SUSPENSION, REVOCATION, REMOVAL, FEES, AND INSURANCE. WHEREAS, the City desires to clean up the downtown alleys, which are public rights-of-way; and WHEREAS, Ordinance No. 05-4160 requires that a permitting system for solid waste containers in the downtown alleys be adopted by resolution; and WHEREAS, in Resolution No. 05-188, City Council adopted a solid waster container permit system as required by Ordinance No. 05-4160; WHEREAS, said policy includes hours of collection; and WHEREAS, it is in the best interest of the City to repeal Resolution No. 05-188 and adopt a new City of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys, a copy of which is attached to this resolution, that does not include a provision for hours of collection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA THAT: Resolution No. 05-188 is repealed in its entirety. The City of Iowa City Permit System for Solid Waste Containers, a copy of which is attached to this resolution, is adopted. Passed and approved this 21st dayof J~ne 2005. cITY C-~ERK Approved by City Attorney's Office sue/ord&res/d umpster-Res#2.doc Resolution No. 05-216 Page 2 It was moved by Wi 1 burn and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn CITY OF IOWA CITY PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS Definitions and Size Limits Solid Waster Container A receptacle used by any person or operator to store solid waste during the interval between solid waste collections. Grease Container A solid waste container in which grease is stored during the interval between grease collections. Recyclinq Container A solid waste container in which recyclables are stored during the interval between recycling collections. Volume Volume of the solid waste container may be 1-yard, 1.5 yard, 2-yard, or 95-gallon. Dimensions No solid waste container shall be larger than seventy-two (72) inches in length, forty- eight (48) inches in width, or two (2) yards in volume. Permit Process Permit Required No person shall place or maintain any solid waste container on the public right-of-way in the downtown without first obtaining a permit. Application An application for a permit to place or maintain a solid waste container in the downtown public right-of-way shall be filed with the Clerk on a form provided by said department. Issuance The Clerk or designee may issue a revocable permit to a person to use the downtown public right-of-way to maintain a solid waste container after payment of the permit fee, after providing proof of insurance, and after assurance that the person shall comply with all conditions of the City ordinances, including the Fire Code, Section 7-1 of the City Code. Duration Each permit shall be issued for the period from July 1 to the following June 30 and shall be valid for that particular year. Fees There shall be no permit fees assessed through June 30, 2006. Prior to July 1, 2006, the City will evaluate the cost of operating this permit system during its initial year and may institute fees by resolution beginning July 1,2006. Placement The permit holder shall adhere the permit in a conspicuous place on the front of the solid waste container in the upper, center area. Insurance A permit holder shall provide, at the time the permit application is filed, a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $500,000 for each occurrence and $1,000,000 in the aggregate. The permit holder shall provide thirty (30) days notice to the City before cancellation of said insurance. Hold Harmless A permit holder shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the placement or maintenance of a solid waste container, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the placement or maintenance of said solid waste container. Assiqnment The sale, transfer, or assignment of a solid waste container permit is expressly prohibited unless approved in writing by the City Manager or designee. Revocation and Suspension If the City Manager or designee finds that a city ordinance, state law, federal law, or a provision of the "City of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys" has been violated, any permit issued under this Chapter may be revoked or suspended. The City shall notify the permit holder of the violation by posting a notice of violation on the solid waste container. Notice shall be deemed posted by securely and conspicuously attaching the notice to the solid waste container. The notice of violation shall state the following: a. Date and time the notice is attached to the solid waste container. b. The City's intent to revoke or suspend the solid waste container permit forty-eight (48) hours after the posting of the notice. c. A description of the reason for the revocation or suspension with reference to the applicable City ordinance, state law, federal law, or permit provision. d. Actions that must be taken by the permit holder to remedy the violation. e. The place and time at which the permit holder will be given the opportunity to present a written or oral statement to the City Manager or designee if the permit holder believes that there are not grounds for revocation. f. A statement that the solid waste container will be promptly removed by the City without further notice to the permit holder if the permit is revoked or suspended. Removal If the solid waste container permit is revoked or suspended, the City may remove the solid waste container without further notice to the permit holder. If the solid waste container is removed, the City may store it at the Iowa City landfill area. The costs that must be paid to reclaim it are the actual costs of removing the solid waste container and a storage fee for storing the solid waste container at the Iowa City landfill area. The storage fee shall be a flat fee of $25.00. If the permit holder does not claim the solid waste container within thirty (30) days of its removal, it will be considered abandoned, and the City may dispose of it. Additional Permit Requirements Cleaned The solid waste container shall be steam cleaned at least two (2) times between July 1 and the following June 30. Lid/Lock The solid waste container shall be covered at all times with a watertight lid and locked in position. Painted/Labeled The solid waste container shall be painted and labeled identifying the owner including a telephone number. Inspection The City may inspect a solid waste container at any time without prior notice to the permit holder. Adopted in Resolution No. 05- 216 Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-217 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO A SECOND AMENDMENT TO THE AGREEMENT TO PURCHASE AN APARTMENT BUILDING FROM GREATER IOWA CITY HOUSING FELLOWSHIP (GICHF) AND TO ASSIST GICHF IN THE FINANCING OF AFFORDABLE HOUSING IN THE PENINSULA. WHEREAS, on September 23, 2004, the City of Iowa City ("City"), and Greater Iowa City Housing Fellowship ("GICHF") entered into an agreement entitled "Agreement" to purchase an apartment building and to assist GICHF in the financing of affordable housing in the Penninsula; WHEREAS, on March 23, 2005, the City and GICHF amended the Agreement, said amendment being entitled "Amendment to Agreement;" WHERES, the City is purchasing the apartment building with a combination of cash, an assignment of general obligation debt, and City HOME/CDBG funds; WHEREAS, the City and GICHF desire to amend the Agreement to increase the amount of cash and to decrease the amount of City HOME/CDBG funds by the same amount; WHEREAS, the purchase price remains the same; and WHEREAS, it is in the City's interest to amend the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a second amendment to the Agreement, a copy of which is attached, marked Exhibit A, and incorporated herein. 2. The City Attorney is hereby authorized to take all necessary action to complete said transaction, as required by law. All documentation required by law shall be recorded by the City Clerk in the Johnson County Recorder's Office at GICHF's expense. Passed and approved this 21st day of June ,2005. Approved by CITY 'CLERK City Attorney's Office NOTE TO FILE: AGREEMENT YEAR INCORRECTLY NOTED IN RESOLUTION 05-217 AS SEPTEMBER 2004. SHOULD HAVE BEEN SEPTEMBER 2003. Resolution No. 05-217 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~BSTAIN: × Bailey × Champion x Elliott x Lehman × O'Donnell x Vanderhoef Wilburn x EXHIBIT 'A"' AMENDMENT TO AGREEMENT WHEREAS, on September 23, 2004, the City of Iowa City, a municipal corporation ("City"), and Greater Iowa City Housing Fellowship ("GICHF") entered into an agreement entitled "Agreement"; WHEREAS, on __, 2005, the City and GICHF amended the Agreement, said amendment being entitled "Amendment to Agreement;" WHERES, the City is purchasing the apartment building with a combination of cash, an assignment of general obligation debt, and City HOME/CDBG funds; WHEREAS, the City and GICHF desire to amend the Agreement to increase the amount of cash and to decrease the amount of City HOME/CDBG funds by the same amount; WHEREAS, Paragraph 19 of the Agreement provides that it may be modified in writing; and WHEREAS, the City and GICHF desire to amend the Agreement. IT IS THEREFORE AGREED that: 1. Paragraph 3 of the Agreement is deleted in its entirety and the following new Paragraph 3 is substituted in lieu thereof: Purchase Price of Apartment Building. The City agrees to purchase and GICHF agrees to sell the apartment building after GICHF receives a Certificate of Occupancy as provided in Paragraph 5 below. The purchase price is $874,319, consisting of the following: $387,216 Cash (Housing Authority "equity") $256,000 Assignment of GO debt to City (see Par. 2c above.) $231,103 City HOME/CDBG funds (see Par. 4 below.) Upon the request of GICHF, the City will pay $162,816 of the $387,216 in cash prior to closing, and GICHF will execute a promissory note for said amount and a mortgage on the Property to secure said note. GICHF will pay the recording costs. 2. Paragraph 4 of the Agreement is deleted in its entirety and the following new Paragraph 4 is substituted in lieu thereof: City HOME/CDBG Funds. The parties acknowledge that GICHF, as a CHDO, received $516,400 in City HOME funds pursuant to the City HOME Agreement and that it additionally was awarded $107,067 in City CDBG funds. GICHF shall assign responsibility for $231,103 of the City HOME and City CDBG Funds to the City at closing on the apartment building, which shall bear interest at the rate of 1% per year. The City shall make monthly interest payment of $192.59 to GICHF beginning July 1, 2005 and continuing on the 1st day of the month for the succeeding 239 months, but shall not be obligated to make any payments on the principal amount of $231,103. The City shall NOTE TO FILE: AGREEMENT YEAR INCORRECTLY NOTED IN RESOLUTION 05-217 AS SEPTEMBER 2004. SHOULD HAVE BEEN SEPTEMBER 2003. pay GICHF a final balloon payment of $231,103, which is due and payable on August 1, 2025. 3. All other terms of the Agreement shall remain in full force and effect. CITY OF IOWa CITY, IOWa GREATER IOWa CITY HOUSING FELLOWSHIP W. Lehman, Mayor Maryann Dennis, Executive Director Marian-K. Karr, City Clerk GICHF ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On thisO~O~'-' day of ~-~;-~_,-~ ~:. ,2005, before me, a Notary Public in and for the State of Iowa, personally appeared Maryann Dennis, to me personally known, who being by me duly sworn, did say that she is the Executive Director of the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Maryann Dennis acknowledged the execution of the instrument to be the voluntary act and deed of the corporation by it voluntarily executed. ~ / ---=~'-' ];lo~.~'y~lSu'blic in an(J for the ~;tate of Iowa CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,~1 day of '-~£ ,2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,33u~ ~,. SONDRAE FORT I~°'~lr%l Commission Number 159791 ..~,~.~. I'~'1 My Commission Expires I ~w"r'~"l~- ;,~ c ~ Notary Public in and for the State of Iowa Approved by: 6. City Attorney's Office