The URL can be used to link to this page

Home My WebLink About2000-09-19 Resolution ' 2b(12) Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 00-317 RESOLUTION TO ISSUE CIGAREl'rE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL 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: North Dodge Express - 2790 N. Dodge Street of Sep ber Passed and approved this 19th day ~//-f~, ,200~~0~._ Approved by ' I-3-00 It was moved by Champi on and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn clerkVes~cigperm,doc Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-318 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN, STORM SEWER, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XVII, 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, Water main and storm sewer improvements for Village Green - Part XVII, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Village Green - Part XVII, as constructed by Streb Construction Company, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public 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 19th day of Se embe~' ,2000. Ap y ATTEST:C,71'i'i~,~,~" ~'7. '--2/~,~j ' Ct ,---z~ It was moved by Champ1 on and seconded by 0 ' Donnel 1 the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng/resNillgr-xvii,doc September 11, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Part XVII Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main, storm sewer, and paving improvements for Village Green - Part XVII have 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 water main and storm sewer improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Company, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer pweng/rnasters/engrpt.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-319 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE, PARTS 8, 9, AND 10, IOWA CITY, IOWA. WHEREAS, the owner, John and Barbara F. Kennedy and Dorothy Kisner, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walnut Ridge, Parts 8, 9, and 1 O; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walnut Ridge, Parts 8, 9, and 1 O, Iowa City, Iowa, is hereby' approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 19 day o~2 , _(~-PP, uv~z Y IT pNadmiWre~aln~ridgeS-10,doc Resolution No. 00-319 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 00-320 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $12,000,000 SEWER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Sanitary Sewer Utility, sometimes hereinaRer referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $12,000,000 for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Sewer Revenue Bonds, part of which remain outstanding and are a lien on the Net Revenues of the System. In the Resolutions authorizing the issuance of the outstanding bonds it is provided that additional Revenue Bonds may be issued on a parity with the outstanding bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and -3- WHEREAS, a statement of Deloitte & Touche, independent public accountants not in the regular employ of Issuer, shall be placed on file in the office of the Clerk, showing the conditions and limitations of said Resolutions, dated January 19, 1993, April 9, 1996, June 3, 1997 and February 9, 1999, authorizing the issuance of the Outstanding Bonds, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of lssuer to take action for the issuance of $12,000,000 Sewer Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: , "Additional Bonds" shall mean any sewer revenue bonds or notes issued on a parity with the Bonds in accordance with the provisions of this Resolution. "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. "Bonds" shall mean $12,000,000 Sewer Revenue Bonds, authorized to be issued by this Resolution. , "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. -4- "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, except to the extent of any conflict with the terms of the Outstanding Bonds while the same remain outstanding. "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Net Revenues" shall mean gross eamings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies but excluding depreciation and principal of and interest on the Bonds and any Parity Bonds or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. -5- "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. "Outstanding Bonds" shall mean the Sewer Revenue Bonds dated January 15, 1993, March 15, 1996, June 1, 1997 and February 1, 1999, issued in accordance with Resolution No. 93 - 17, adopted January 19, 1993, Resolution No. 96-89 adopted April 9, 1996, Resolution No. 97-181 adopted June 3, 1997, and Resolution No. 99-45 adopted February 9, 1999; $29,210,000, $17,000,000, $9,925,000 and $6,770,000 of which bonds are still outstanding and unpaid and remain a lien on the Net Revenues of the System. "Parity Bonds" shall mean sewer revenue bonds or notes payable solely from the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued, and shall include Additional Bonds as authorized to be issued under the terms of this Resolution and the Outstanding Bonds. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Permitted Investments" shall mean: · direct obligations of (including obligations issued or held in book entry form on the books of') the Department of the Treasury of the United States of America; · cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); · obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank -6- - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (rnA's) - Federal Housing Administration · repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; · senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; · U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-l+" by S&P or "P-l" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); · commercial paper which is rated at the time of purchase in the single highest classification, "A-1 +" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; · investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; · pre-refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date -7- specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; · tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; · an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and · Iowa Public Agency Investment Trust. "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. , "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. -8- "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. · "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Bonds and Parity Bonds; (b) 10% of the stated principal amount of the Bonds and Parity Bonds or (e) 125% of the average annual principal and interest coming due on the Bonds and Parity Bonds. For purposes of this definition: (1) "issue price" shall be substituted for "stated principal amount" for issues with original issue discount or original issue premium of more than a de minimus amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. "System" shall mean the Municipal Sanitary Sewer Utility of the Issuer and all properties of every nature hereina~er owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson State of Iowa, Series 2000, in the aggregate amount of $12,000,000 for the purpose of paying costs of extending, improving and equipping the sanitary sewer utility of the City. -9- Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System. and shall be a first lien on the future Net Revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Sewer Revenue Bonds of the City in the amount of $12,000,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "SEWER REVENUE BOND, SERIES 2000", be dated October 1, 2000, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on July 1, 2001 and semiannually thereafter on the 1st day of January and July in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount July 1st 5.125% $350,000 2001 5.125% $255,000 2002 5.125% $270,000 2003 5.125% $280,000 2004 5.125% $295,000 2005 5.125% $310,000 2006 5.125% $325,000 2007 5.125% $340,000 2008 5.125% $355,000 2009 5.125% $375,000 2010 5.125% $395,000 2011 5.125% $415,000 2012 5.250% $435,000 2013 5.250% $460,000 2014 -10- 5,250% $485,000 2015 5.300% $510,000 2016 5,375% $540,000 2017 5,375% $570,000 2018 5.375% $605,000 * 2019 5,375% $640,000 * 2020 5.500% $675,000 * 2021 5.500% $715,000 * 2022 5,500% $755,000 * 2023 5.500% $800,000 * 2024 5,500% $845,000 * 2025 *Term Bonds Term Bonds. Bonds in the aggregate principal amount of $1,245,000 shall be issued as Term Bonds due July 1, 2020, and shall bear interest at 5.375%, payable on July 1, 2001, and semi-annually thereat~er on the first day of January and July in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Date of Redemption Mandatory Redemption (July lst) $605,000 2019 $640,000 2020 * *FinalMaturity Bonds in the aggregate principal amount of $3,790,000 shall be issued as Term Bonds due July 1, 2025, and shall bear interest at 5.50%, payable on July 1, 2001, and semi-annually thereafter on the first day of January and July in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Date of Redemption Mandatory Redemption (July lst) $675,000 2021 $715,000 2022 $755,000 2023 $800,000 2024 $845,000 2025 * *FinalMaturity -11- Section 6. Redemption. Bonds maturing after July 1, 2009, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or -12- its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. -13- The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds: Appointment of Registrar: Transfer: Ownership: Delivery: and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. -14- (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. -15- Section 9. Reissuance of Mutilated. Destroyed. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. -16- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (1) I c2~ II {3> II c4> II c5> I (9) I (9a) I (10) (Continued on the back of this Bond) I (11)(12)(13) I I (14) I I (15) I FIGURE 1 (Front) -17- (lo) (Continued) FIGURE 2 (Back) -18- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "SEWER REVENUE BOND" "SERIES 2000" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: October 1, 2000 Item 5, figure 1= Cusip No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of(principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum spedfled above, payable on July 1, 2001, and semiannually thereafter on the 1st day of January and July in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of extending, improving and -19- equipping the sanitary sewer utility of the City, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company CDTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after July 1, 2009, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Term Bonds maturing on July 1, 2020 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Bond Resolution, on July 1 st of the years 2019 and 2020. Term Bonds maturing on July 1, 2025 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Bond Resolution, on July 1 st of the years 2021 and 2025. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as -20- designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds or notes which may be hereat~er issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Sanitary Sewer Utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: -21- Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's manual signature Mayor ATTEST: By: City Clerk's manual signature City Clerk Item 16 Figures 2 = [Statement of Insurance] STATEMENT OF INSURANCE Financial Security Assurance Inc. ("Financial Security"), New York, New York, has delivered its municipal bond insurance policy with respect to the scheduled payments due of principal of and interest on this Bond to the City Controller, Iowa City, Iowa, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from Financial Security or the Paying Agent. Item 17, figure 3 = [Assignment Block] [Information Required for Registration] -22- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attomey in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) 6UARA T F,D ) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n):Individual* Corporation Partnership Trust -23- *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN as joint tenants with right of survivorship and not as tenants in coInlTlon IA UNIF TRANS MIN ACT - . ......... Custodian .......... (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; and the Net Revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds shall be applied as follows: · An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interegt on the lilond~. · An amount sufficient to meet the Reserve Fund Requirement shall be deposited in the Reserve Fund. · The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. -24- Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Bonds. Section 16. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Pari.ty Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Resolution heretofore adopted on July 29, 1986, and ratified, confirmed and approved in the Resolutions heretofore adopted on January 19, 1993, April 9, 1996, June 3, 1997 and February 9, 1999, whereby there was created and is to be maintained a Sewer Revenue Bond and Interest Sinking Fund, and for the monthly payment into said fund ~'om the future net revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the Outstanding Bonds, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Sewer Revenue Bonds hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Bond and Interest Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest -25- due each year, not only on the Outstanding Bonds, but also the principal and interest of the Bonds herein authorized to be issued and to maintain a reserve therefor. Sections 16, 18, 21, 22, 25 and 27 of the Resolution dated July 29, 1986, are hereby ratified, continned, adopted and incorporated herein as a part of this Resolution. Consistent with the above Resolution, proceeds of the bonds or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Bonds. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Bonds. The provisions of the legislation authorizing the Outstanding Bonds and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months a~er payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 1999, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a -26- separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the Fiscal Year. No flee use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days aeter the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Bonds and Parity Bonds upon request. The holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to -27- inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the holder or holders of 25 percent of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. (e) State Laws. The Issuer will faithfully and ptmctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution; provided, however, that this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Goveming Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any -28- amendments thereto shall be provided to the holders of any of the Bonds upon request. Section 20. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the fights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months alter the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or general obligation bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the City Clerk, a statement of an Independent Auditor, independent financial consultant or a Consulting Engineer, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinat'ter provided) were equal to at least 1.25 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. -29- For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an Independent Auditor or a Consulting Engineer, not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding Fiscal Year. (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. Section 22. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds ~'om the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Intemal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part -30- of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Bonds remaining unexpended af[er three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Bonds to be classified as arbitrage bonds under Section 148(a) and (b) of the Intemal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants. Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time', to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as maybe required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal -31- agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 24. Not Qualified Tax-Exempt Obligations. The Bonds shall not be designated as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 25 Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and at~er the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. -32- Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Bonds or Parity Bonds; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify' the terms of payment ofpfincipal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; -33- (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective: and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time alter six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. -34- Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 30. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and City Clerk are hereby authorized to execute and deliver the same at issuance of the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 3 1. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this 19th day of September ,2000. ATTEST: City Clerk 243009\1\10714059 -35- Prepared by Lisa Mollenhauer, Admin. Asst, to the City Manager, 410 E. Washington St., Iowa City, IA 52240, 356-5010 RESOLUTION APPROVING THE 2000-2001 DEER MANAGEMENT PLAN FOR IOWA CITY Resolution No. 00-321 WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options; and WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a deer management plan that is designed to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Deer Management Committee has thoroughly reviewed the deer population problem in Iowa City and made recommendations on the best methods to resolve this problem; and WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and WHEREAS, the attached deer management plan for 2000-2001 is in harmony with the long-term plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public interest to adopt the attached 2000-2001 Deer Management Plan and the City Manager is hereby authorized and directed to take all actions necessary to implement said plan, including, but not limited to, engaging appropriate personnel and declaring certain public areas of the City "no trespassing" to the public. Passed and approved this 19t, h day of Sept, embe~' ,2000. Approv by ATTEST: )')/~L~z-.--) °k2. "'~--~_-2~,// ~~ CIT~"CLERK City Attorney's Office <:[- ( It was moved by Vandey'hoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 2000-2001 DEER MANAGEMENT PLAN It is the unanimous decision of the 2000-2001 Iowa City Deer Management Committee that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2000- 2001 Deer Management Plan, including the following elements: 1. The City will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at the Civic Center and Public Library, and on Government Channel 4 and the City website (www.iowa- city.org). A video on deer-traffic issues will be produced. The City should also actively pursue a number of other feasible nonlethal deer management activities the Committee will recommend. 2. The City will continue to install and maintain appropriate warning signs and reflectors designed to reduce the likelihood of vehicle-deer accidents. To further minimize deer-vehicle conflict, Coun~;il will direct staff to include passageways (tunnels) under roads in planning and designs for transportation improvement projects whenever they involve areas where deer live. The City will also investigate the availability of federal funds for including such passageways in eligible transportation projects. 3. The City will actively work with the Department of Natural Resources (DNR) to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Iowa City residents. 4. The City of Iowa City will continue to attempt to identify an appropriate agency to assess the feasibility of a deer contraception pilot project or program in Iowa City. 5. The City will immediately apply for permits from the DNR to implement a plan to kill no more thaLn 500 deer within the Iowa City corporate limits, by sharpshooting, during the winter of 2000-2001. a. To enhance understanding of deer reproductive rates, in cooperation with the DNR, the sharpshooting agency, and meat processors, the City will allow reproductive autopsies to be performed on deer killed. b. The City will fully comply with all state law governing the killing of deer, exercise great. caution and observe all possible safety measures during the sharpshoot, assure use of thee most humane methods available, and arrange for free distribution of processed deer meat. 6. The City will investigate the possibility of permitting regulated hunting in selected undeveloped areas within the city limits, with permission of landowners and in compliance with all applicablle DNR regulations. 7. The City will continue to compile data for deer management, including but not limited to information about vehicle-deer accidents, citizen comments, and an annual helicopter deer count. 8. The City will evaluate the effectiveness of this Deer Management Plan at a City Council Formal Meeting no later than May 1, 2001. A report will be filed with the DNR. Approved by the Deer Management Committee on this 30th day of August 2000, by a vote of 9-0. Marian Karr From: B. French [bfrench@blue.weeg.uiowa.edu] Sent: Monday, September 18, 2000 8:33 AM To: council@iowa-city.org Subject: Deer Decision Dear Members of the City Council, As you all consider the fate of the deer, please also consider the future implications of your decisions. Many wildlife biologists have shown that when a large number of deer in a herd are suddenly killed, other deer quickly move into the ecological space, thereby often increasing the number of deer in that given area. BY AGREEING TO SHOOTING THE DEER, YOU ARE AGREEING TO ESCALATED SHOOTING OF MORE AND MORE DEER EACH YEAR. Several children live in the areas in which deer will be shot under the current plan. Regardless of how "professional" the shooters are, mistakes can, and eventually, will be made. BY AGREEING TO SHOOTING THE DEER, YOU ARE AGREEING THAT OUR CHILDREN'S SAFTEY SHOULD BE COMPROMISED. Several citizens have publically expressed there concern, outrage, and disagreement with the current deer management plan. Despite this significant public opinion, the recommendation is to kill even more deer than the year before. BY AGREEING TO SHOOTING THE DEER, YOU ARE AGREEING THAT THE DEMOCRATIC PROCESS IS UNIMPORTANT TO IOWA CITY GOVERNMENT. Before you make your final decision tomorrow, I hope you take a moment and remember a time long ago when you all were younger. Remember the first time you saw a deer. Maybe it was in a field, at the cabin on the lake, at a petting zoo, or perhaps in a picture book. How did you feel? What did you think? BY AGREEING TO SHOOTING THE DEER, YOU ARE AGREEING THAT VIOLENCE IS OUR STRONGEST HUMAN TENDENCY. Respectfully, Brigittine French Marian Karr From: Takis Poulakos [takis-poulakos@uiowa.edu] Sent: Tuesday, September 19, 2000 7:51 AM To: council@iowa-city.org Subject: Your decision about the Deer Dear Members of the City Council, You have the unenviable task of reaching a decision today over an issue that has divided the city whose welfare you have so generously offered to guard. The majority opinion has urged you to eliminate the overpopulation problem of the deer and put a decisive end to it by shooting the deer. The minority opinion has urged you to see the deer not as a problem and has implored you to spare the lives of the animals. Either way you vote today, a portion of your constituency will be unhappy. Either stand you take, your decision is bound to keep the city divided. Yours is a truly tough dilemma. More than a difficult issue, the situation you face today also challenges your position as representatives of the will of the citizens. The easy thing to do will be to side with the majority, and to make a decision that endorses the most popular opinion. By siding with the majority of your citizens, however, you relinquish your own self-understanding as true representatives of the will of your people. For how could you claim that the will of some of the city's citizens does not deserve representation and still consider yourselves to be representatives of the people? In times of crisis and division, leaders find ways to represent all of the people. Unlike politicians who vote by siding with the greatest numbers, leaders are able to look for common ground underneath surface arguments, to hear the "we" of the people beneath the "us" and "them" reasoning, and to act in ways that restore the unity of the community. I urge you to act as leaders today, to vote in a way that leads the city in unison through this divisive issue. Vote with the majority, to eliminate the overpopulation problem of the deer; vote with the minority, to spare the lives of the animals. Represent the will of the people as one--eliminate the problem through contraception. None of us are in position to know whether the next generation will endorse today's majority or minority opinion. I don't need to remind you of the endless times in our history when one generation's alternative views became the following generation's mainstream attitudes. We cannot know today whether your grandchildren will be proud of you for having enforced the majority position, or for having the foresight to side with the minority views. What we do know is that you are able today to leave behind you the legacy of having governed your city in the true spirit of democratic representation. Takis Poulakos Chair, Rhetoric Department 174 EPB University of Iowa Iowa City, IA 52242 tel 319 335-0174 fax 319 353-2392 Marian Karr From: Carolan, Katherine [KCarolan@razi.surgery. uiowa.edu] Sent: Tuesday, September 19, 2000 2:27 PM To: 'council@iowa-city.org' Subject: deer vote Dear City Council: I wish to indicate my full support for hiring sharpshooters again this year to combat our deer population problem. I believe the deer management committee has thoroughly researched the alternatives and has recommended the best solution for Iowa City's particular needs. Thank you. Katherine K. Carolan 617 South Dodge St Iowa City Marian Karr From: J. Stritecky [jstritec@blue.weeg.uiowa.edu] Sent: Tuesday, September 19, 2000 4:04 PM To: Council@iowa-city.org Subject: deer and humans Dear Mr. Mayor and Members of the City Council, I am unable to attend the meeting this evening, but would like to pass on two further thoughts, in addition to those I expressed last week: 1-Human responsibility: A number of citizens have cited "human responsibility to do *something* about the 'exploding' deer population." Usually these citizens go on to justify sharpshooting as a legitimate exercise of "responsibility." I would counter, however, that we humans were the ones to alter our environement in such a way as to attract the deer, and therefore it is our responsibility to approach their {prolific, perhaps) existence with wisdom and care. Sharpshooting may seem like a quick fix, but there is plenty of evidence to suggest it only speeds up reproduction rates. Moreover, employing such a draconian quick fix under-utilizes our human capacity to find compassionate solutions that would have longer-term results. 2-Still with regard to human responsibility: Where was the plea for "responsibility" a few years ago, *before* the deer were considered a "problem?" Yes, we need to think about our responsibility to our environment in the big picture, from a proactive, sustainable perspective. Whenever we act in reactionary ways, we set forces in motion that snap back at us with unpredictable force. Then we find ourselves in the position of having to re-act again. Can we use the "deer problem" as an opportunity to be more creative, judicious, and enlightened about ourselves and our environment? I believe we can, but we can't begin with the sharp-shoot-quick-fix. We need to begin by viewing those curious, white-tailed creatures as members of the universe, who function according to the same scientific laws of cause and effect that govern our own lives. When we can see them this way, the solutions will become clear. Respectfully Yours, Jolene Jolene Marie Stritecky Department of Anthropology University of Iowa Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 319-356-5236 RESOLUTION NO. 00-322 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MGD L.C. WHEREAS, by Resolution No. 00-295 adopted August 15, 2000 this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Sycamore and First Avenue Urban Renewal Plan (the "Plan") for the Sycamore and First Avenue Urban Renewal Project Area (the "Project Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; and WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from MGD L.C. (the "Developer"), in the form of a proposed Agreement for Private Redevelopment by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to pursue the construction of improvements to an existing retail mall to foster the revitalization of commercial activity with the Project Area; and WHEREAS, Iowa Code Chapters 384 and 403 (the "Urban Renewal Law") and 15A authorize cities to provide infrastructure for economic development and offer grants, loans or other incentives for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code taking into account the factors set forth therein; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement, and accordingly, the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of a grant to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law Resolution No. 00-322 Page 2 and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor, City Manager, and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. Passed and approved this 19th day of September' ,2000. It was moved by Vande~'hoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ecodev~res~mgd.doc AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND MGD L.C. AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called and among the CITY OF IOWA CITY, IOWA, a i nafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 1999, as amended (hereinafter called "Urban Renewal Act") and MGD L.C., an Iowa limited liability company having an office for the transaction of business in Iowa City, Iowa (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Sycamore and First Avenue Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. dated August 15, 2000; and WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will cause certain improvements to be constructed on the Development Property and will cause the same to be operated in accordance with this Agreement; and WHEREAS, the City believes that the development and continued operation of the, Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. -1- NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section 3.2 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 1999, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property and the other properties upon which the Public Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means MGD L.C., an Iowa limited liability company, and its successors and assigns. Development Property means that portion of the Sycamore and First Avenue Urban Renewal Plan Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. -2- Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. MGD L.C. TIF Account means a separate account within the Sycamore and First Avenue Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements. Minimum Improvements shall mean the construction of improvements to existing structures and new construction, together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance mean Ordinance No. of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. -3- Sycamore and First Avenue Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the Sycamore and First Avenue Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party' claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in respect of the Sycamore and First Avenue Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under' the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and -4- conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a limited liability company duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in 'full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization and bylaws of the Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. -5~ (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations. (f) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. (g) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation. The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (h) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (i) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of improvements to the existing structures at the Development Property and the construction of additional structures for use as a retail mall on the Development Property, all as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least fifteen percent (15%) over the actual assessed value on January 1, 2000, as of January 1, 2002. -6- The Developer shall submit all exterior changes requiring a building permit for review and approval by the City staff design review committee. The Developer shall submit a site plan, for approval by the City Manager, which provides landscaping and which defines the entryways and other related drive-through traffic patterns through the use of landscaping and other appropriate streetscape elements. Section 3.2. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, the City will furnish the Developer with a Certificate of Completion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements. A Certificate of Completion may be recorded in the proper office for the recordation~ of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.2, the City shall within twenty (20) days after written request to the Developer, provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary in the opinion of the City, to obtain such Certificate of Completion. Section 3.3. Occupancy. Along with the certifications required under 6.7 hereto, the Developer will certify that at least one anchor retail store of at least 40,000 square feet is in operation at the Development Property, and by November 1, 2002, 65% of the gross leasable floor space of the Development Property is occupied. On November 1, 2003, the Developer will certify that 75% of the gross leasable floor space of the Development Property is occupied. Beginning on November 1, 2004, and until the Termination Date, the Developer will certify that by November 1 of each year or during ten of the twelve previous months 80% of the gross leasable floor space of the Development Property is occupied. Failure to so certify, or to meet these occupancy requirements, shall constitute a default under Article X of this Agreement. ARTICLE IV. RESERVED ~7- ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $100,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000 with a deductible of $500,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. -8- (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall fumish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor' under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimtma Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOlSER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear -9- and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. Section 6.5. Available Information. The Developer shall upon request provide the City with a letter of an independent public accountant selected by the Developer to the effect that they have reviewed financial statements of the Developer which have been prepared in conformity with generally accepted accounting principles, that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards, and that the Developer is financially capable of fulfilling its obligations under this Agreement. Section 6.6. Continued Operation. Commencing upon the signing of the Agreement, the Developer agrees that it will operate a community shopping center at the Development Property and will continue operation of this business until at least the Termination Date set forth in Section 12.8 hereof. Section 6.7. Annual Certification. To assist the City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the -10- amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorera taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement (including but not limited to the occupancy requirements of Section 3.3 hereto) and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November 1,2001, and ending on November 1, 2009, both dates inclusive. Upon certification by the Developer on or before November 1,2001, the City will certify to establish a base value as of January 1, 2000. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will maintain its existence as a limited liability company and will not wind up or otherwise dispose of all or substantially all of its assets or assign their interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may pledge any and/or all of its assets as security for any financing of the Minimum Improv. ements, and the City agrees that Developer may assign its interest under this Agreement for such purpose. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion -11- and being and remaining in compliance with the terms of this Agreement and to the terms of this Article VIII, to assume an obligation to make up to seven (7) consecutive annual payments to the Developer commencing on June 1, 2004 and ending on June 1, 2010, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.7 hereof and the City Manager's approval thereof. Beginning with the November 1, 2002 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2001, 2002 and 2003, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2004). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration to the Developer's certification due to its late filing. -12- (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $2,000,000. Each Economic Development Grant shall be equal to the sum of one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2002, and on January 1 of each of the following six (6) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $2,000,000. If a final grant based upon one hundred percent of Tax Increments would result in total, aggregate Economic Development Grants in an amount exceeding $2,000,000, the final Economic Development Grant shall be reduced accordingly. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII. Thereafter the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. (e) In the event that any certificate filed by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions ot' Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the MGD L.C. TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the MGD L.C. TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken -13- by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted, or under a controlling decision of an Iowa court having jurisdiction over the subject matter hereof. Upon receipt of such an opinion, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the MGD L.C. TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") from, covenant and agree that the indemnified parties shall not be liable for, and agree to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. -14- (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agree to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the Development Property. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. & (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; -15- (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) The Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) Any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (e) or (f) of said Section 10. 1 in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been -16- informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. -17- Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefor, pay to the part not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if(i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attomeys fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. -18- ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is pan of the Project at any' time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 920 S. Dubuque Street, Iowa City, Iowa 52240, Attn: Kirsten Frey; (b) In the case of the City, is addressed to or delivered personally to the City at Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or officer or to such other address as any party shall[ have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several pans, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. -19- Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2010. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name and behalf by its Managing Member and Member, all on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA B y: ~/~. ~~_ ATTEST: - 20 - MGD L.C. ATTEST: By: STATE OF IOWA ) ) SS COUNTY 0F'j/,h~,s~ ) · On this / q ~ day of .~,~/-4~,/~ ~- ,20 o tp, before me a Notary Public in and for said County, personally appdtred Ecn~t~ h/. L6,n a,'~ and tvh c;~r,/(./<c~r,- to me personally known, who being duly swom, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. ~tar~ Public~in~and~or Jco~h~sc~n f o~' Iowa ~:;~tlna~tl~ /'} F~ ~ ~ ~ -21 - STATE OF ~OWA ) ) SS COUNTY OF JOHNSON ) On this 8th day Of September ,20 00., before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge and Gerry Ambrose , to me personally known, who, being by me duly sworn, did say that they are the Managing Member and Member of MGD L.C., and that said instrument was signed on behalf of said limited liability company; and that the said Michael E. Hodge and Gerry Ambrose as such agents acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by them voluntarily executed. {~ ' Public in and for ty Iowa ~'~ ~ ' KIRSTEN H. FIREY ~ry , M'/BOMMISSION EXPIRES ~ ow~, July 12, 2001 - 22 - EXHIBIT A DEVELOPMENTPROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: All of Lots 1, 2, 3, 4, 7 and a part of Lots 5 and 6 of Mall First Addition to Iowa City, Iowa as per plat thereof recorded in Plat Book 9, Page 41, Records of Johnson County, Iowa, and a parcel of land in the Noaheast Quaaer of Section 23, Township 79 North, Range 6 West of the 5th P.M. and being more particularly described as follows: Commencing as a point of reference at the Noaheast comer of the intersection of Sycamore Street and U.S. Highway No. 6 in Iowa City, Iowa; thence N 0 degrees 26 minutes East (this is an assumed bearing for purposes of this description) 225.05 feet along said East right-of-way line of Sycamore Street to a point; thence North 04 degrees 09 minutes West 212.68 feet along said East right-of-way line of Sycamore Street to a point; thence Noah 0 degrees 26 minutes East 168.98 feet along said East right-of-way line of Sycamore Street to the point of beginning of tract herein described; thence South 89 degrees 34 minutes East 454.81 feet to a point; thence South 0 degrees 26 minutes West 610.29 feet to a point of intersection with the Noaherly right-of-way of U.S. Highway No. 6; thence Easterly 685.18 feet along a 3015.0 foot radius curve and the Northerly right-of- way line of said Highway being concave Southerly to a point of intersection with the Noahwesterly right-of-way of First Avenue 287.52 feet along a 804.00 foot radius curve concave Southeasterly (chord Noah 33 degrees 36 minutes 28 seconds East 285.99 feet) to a point of intersection with the Easterly line of said Lot 6; thence continuing Northeasterly on the Noahwesterly right-of-way line of First Avenue, 35.56 feet along an 804.00 foot radius curve concave Southwesterly (chord Noah 45 degrees 07 minutes 11 seconds East 35.56 feet) to a point; thence Noah 2 degrees 31 minutes 00 seconds East 28.51 feet to a point of intersection with the Southwesterly right-of-way line of Lower Muscatine Road; thence North along the Southwesterly right-of-way line of Lower Muscatine Road 37.42 feet to a point of intersection with the Easterly line of Lot 6; thence noah 42 degrees 43 minutes 30 seconds West along the Southwesterly right-of-way line of Lower Muscatine Road 608.79 feet to a point; thence Noah 42 degrees 33 minutes West A-1 646.86 feet along the Southwesterly right-of-way of Lower Muscatine Road to a point of intersection with the East line of Lot One, Part Two, of Marion Subdivision, Iowa City, Iowa, as per plat thereof recorded in Plat Book 2, Page 20, Records of Johnson County, Iowa; thence South 0 degrees 58 minutes West 57.36 feet along the East line of said Marion's Subdivision to a point; thence South 47 degrees 28 minutes West 413.83 feet along the Southeasterly line of said Marion's Subdivision to a point; thence Noah 89 degrees 34 minutes West 147.61 feet along the Southerly line of said Marion's Subdivision to a point of intersection with the Easterly right-of-way line of said Sycamore Street; thence South 0 degrees 26 minutes West 143.0 feet along the Easterly right-of-way of said Sycamore Street to the point of beginning. AND A parcel of land in the Southwest quarter of the Southeast quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M., and the Northwest Quarter of the Northeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, as more particularly described as follows: Beginning at the Northeast comer of the intersection of Sycamore Street and U.S. Highway No. 6 in Iowa City, Iowa; thence Noah 0 degrees 26 minutes East 225.05 feet along said east line of Sycamore Street to a point; thence North 4 degrees 09 minutes West 212.68 feet along said East line of Sycamore Street to a point; thence; North 0 degrees 26 minutes East 168.98 feet along said east line of Sycamore Street to a point; thence South 89 degrees 34 minutes East 454.81 feet to a point; thence South 0 degrees 26 minutes West 610.29 feet to a point of intersection with the northerly right-of-way line of U.S. Highway No. 6; thence Westerly 210.15 feet along a 3015.0 foot radius curve and the Northerly right-of-way line of said Highway, being concave Southerly (said are being subtended by a chord of 210. 10 feet with a bearing of North 87 degrees 58 minutes 12 seconds West) to the end of the curve; thence North 89 degrees 58 minutes West (this is an assumed bearing for purposes of this description) 227.80 feet along the Northerly right-of-way line of said highway to a point of beginning. A-2 EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of improvements and additions to an existing 240,000 sq. ft. shopping mall, and improvements and additions to a 26,900 sq. ft. freestanding building, said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least fifteen percent (15%) as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property. B-1 EXHIBIT C CERTIFICATE OF COMPLETION Executed August 12, 2002, Recorded in Book 3360, Page 424, on August 19 (copy in City Clerk Recorder File) EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and MGD L.C., an Iowa limited liability company having an office for the transaction of business in Iowa City, Iowa, having-an office for the transaction of business at 920 S. Dubuque Street, Iowa City, Iowa (the "Developer"), did on or about the __ day of ,2000, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: All of Lots 1, 2, 3, 4, 7 and a part of Lots 5 and 6 of Mall First Addition to Iowa City, Iowa as per plat thereof recorded in Plat Book 9, Page 41, Records of Johnson County, Iowa, and a parcel of land in the Northeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. and being more particularly described as follows: Commencing as a point of reference at the Northeast comer of the intersection of Sycamore Street and U.S. Highway No. 6 in Iowa City, Iowa; thence N 0 degrees 26 minutes East (this is an assumed bearing for purposes of this description) 225.05 feet along said East right-of-way line of Sycamore Street to a point; thence North 04 degrees 09 minutes West 212.68 feet along said East right-of-way line of Sycamore Street to a point; thence North 0 degrees 26 minutes East 168.98 feet along said East right-of-way line of Sycamore Street to the point of beginning of tract herein described; thence South 89 degrees 34 minutes East 454.81 feet to a point; thence South 0 degrees 26 minutes West 610.29 feet to a point of intersection with the Northerly right-of-way of U.S. Highway No. 6; thence Easterly 685.18 feet along a 3015.0 foot radius curve and the Northerly right-of- way line of said Highway being concave Southerly to a point of intersection with the Northwesterly right-of-way of First Avenue 287.52 feet along a 804.00 foot radius curve concave Southeasterly (chord North 33 degrees 36 minutes 28 seconds East 285.99 feet) to a point of intersection with the Easterly line of said Lot 6; thence continuing Northeasterly on the Northwesterly right-of-way line of First Avenue, 35.56 feet along an 804.00 foot radius curve concave Southwesterly (chord North 45 degrees 07 minutes 11 seconds East 35.56 feet) to a point; thence North 2 degrees 31 minutes 00 seconds East 28.51 feet to a point of intersection C-1 with the Southwesterly right-of-way line of Lower Muscatine Road; thence Noah along the Southwesterly right-of-way line of Lower Muscatine Road 37.42 feet to a point of intersection with the Easterly line of Lot 6; thence north 42 degrees 43 minutes 30 seconds West along the Southwesterly right-of-way line of Lower Muscatine Road 608.79 feet to a point; thence North 42 degrees 33 minutes West 646.86' feet along the Southwesterly right-of-way of Lower Muscatine Road to a point of intersection with the East line of Lot One, Part Two, of Marion Subdivision, Iowa City, Iowa, as per plat thereof recorded in Plat Book 2, Page 20, Records of Johnson County, Iowa; thence South 0 degrees 58 minutes West 57.36 feet along the East line of said Marion's Subdivision to a point; thence South 47 degrees 28 minutes West 4 13.83 feet along the Southeasterly line of said Marion's Subdivision to a point; thence Noah 89 degrees 34 minutes West 147.61 feet along the Southerly line of said Marion's Subdivision to a point of intersection with the Easterly right-of-way line of said Sycamore Street; thence South 0 degrees 26 minutes West 143.0 feet along the Easterly right-of-way of said Sycamore Street to the point of beginning. AND A parcel of land in the Southwest quarter of the Southeast quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M., and the Northwest Quarter of the Northeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, as more particularly described as follows: Beginning at the Northeast comer of the intersection of Sycamore Street and U.S. Highway No. 6 in Iowa City, Iowa; thence North 0 degrees 26 minutes East 225.05 feet along said east line of Sycamore Street to a point; thence North 4 degrees 09 minutes West 212.68 feet along said East line of Sycamore Street to a point; thence', Noah 0 degrees 26 minutes East 168.98 feet along said east line of Sycamore Street to a point; thence South 89 degrees 34 minutes East 454.81 feet to a point; thence South 0 degrees 26 minutes West 610.29 feet to a point of intersection with the northerly right-of-way line of U.S. Highway No. 6; thence Westerly 210. 15 feet along a 3015.0 foot radius curve and the Northerly right-of-way line of said Highway, being concave Southerly (said are being subtended by a chord of 210. 10 feet with a bearing of North 87 degrees 58 minutes 12 seconds West) to the end of the curve; thence North 89 degrees 58 minutes West (this is an assumed bearing for purposes of this description) 227.80 feet along the Northerly right-of-way line of said highway to a point of beginning, and C~2 WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk C-3 STATE OF IOWA ) )SS COUNTY OF JOHNSON ) On this ~ day of ,2000, before me a Notary Public in and for said County, personally appeared and , to me personally known, who being duly swom, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa ecodev/agtJmgd.doc C-4 Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St.: Iowa City, IA 52240 (319)356-5139 RESOLUTION NO. 00-323 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE WATER MAIN PROJECT. WHEREAS, Bockenstedt Excavating, Inc. of Iowa City, Iowa has submitted the lowest responsible, bid of $329,099.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA. CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Bockenstedt Excavating, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 19th day of September ,20 00 City Attorney's Office It was moved by 0' Donnel 1 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/bockenstedt, doc ADVERTISEMENT FOR BIDS FIRST AVENUE WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on September 19, 2000, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on September 19, 2000, or at such later time and place as may then be scheduled. The Project will involve installation of a 24" diameter water main along 1st Avenue and Rochester Avenue. The Project will involve the following: excavation & grading, P.C. Concrete paving, traffic control, water main, erosion control, seeding & sodding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4685 Merle Hay Rd., Suite 106, Des Moines, IA 50322, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to Proceed Date: October 3, 2000 Completion Date: July 1, 2001 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, 4685 Merle Hay Rd., Suite 106, Des Moines, IA 50322, by bona fide bidders. A $50.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $25.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at 515-242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1997), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK ADVERTISEMENT FOR BIDS THE NORTH AIRPORT DEVELOPMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 19t~ day of September, 2000, or at a later date and/or time as determined by the Director of Public Work or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer, or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19th day of September, 2000, or at such later time and place as may then be scheduled. The Project will involve the following: 10,928 s.y of P.C.C.P, 2,942 I.f. of various size R.C.P., including boring and jacking of 84 in. Roadway pipe and sanitary sewer and watermain, 47,244 c.y. of excavation, Class 10 Roadway & Borrow, 54,286 c.y. of excavation, Class 10 channel, and associated work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) year(s) for storm sewer and two (2) years for sanitary sewer, all other work guaranteed for two (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 105 Approximate Start Date: October 1, 2000 Liquidated Damages: $500 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of MMS Consultants of Iowa City, Iowa, by bona fide bidders. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be oh- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $201,393.10 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the' construction of the above-named project is hereby awarded to Streb Construction Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this day of ,20 MAYOR CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pweng/res/streb.doc ADVERTISEMENT FOR BIDS IOWA CITY TRANSIT FACILITY SITE IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 a.m. on the 19~ day of September, 2000, 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. Sealed proposals will be opened immediately there- after by the City Engineer or designee. Bids sub- mitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19h day of September, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Streetscape and lighting improvements on Washington Street in the Downtown area including installation of 11 lights, 12,000 square feet of concrete work, 220 feet of 6 inch sanitary sewer and 152 feet of storm sewer, and landscaping. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused AF-1 directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of TWO (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 20 Specified Late Start Date: October 10, 2000 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $50 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Engineers. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242- 4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive teclmi- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Brad Neumann, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 00-324 RESOLUTION REPEALING THE RESOLUTION ESTABLISHING THE IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION. WHEREAS, the City Council of the City of Iowa City adopted a resolution establishing the Iowa City Riverfront Commission in 1973; and, WHEREAS, in 1991 the City Council renamed the Riverfront Commission by resolution to the Riverfront and Natural Areas Commission, with the responsibility of reviewing and analyzing the needs of all waterways, especially the Iowa River, woodlands and wetlands within Iowa City and its designated fringe area; and, WHEREAS. the Commission's responsibilities in recent years have come under the authority of other City commissions and committees; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution Nos. 73-148, 87-179, 76-354 and No. 91-149 establishing the Iowa City Riverfront and Natural Areas Commission are hereby revoked, repealed, and rescinded. Passed and approved this 191:h day of Sepl:ember ,20 00 . rov~[~ CITY'~LERK City Attorney's Office It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman · X O'Donnell X Pfab X Vanderhoef X Wilburn jccogsw/res/mac. doc May 3, 2000 Iowa City City Council ~~ C~ Re: Riveffront and Natural Areas Commission Dear Council: The Riveffront and Natural Areas Commission (RNAC) has been experiencing some difficult times recently for various reasons and the commission feels that it is time to discuss this with Council. Planning for the riveffront began back in the 1960's and culminated in the formation of the Iowa River Corridor Committee in 1971. This committee was made up of representatives from the Parks and Recreation Commission and the Planning and Zoning Commission with assistance from the Depa~ment of Community Development (now Planning and Community Development). This committee developed seven recommendations with the intent being to preseNe, control, and beautify the Iowa River Corridor. The first recommendation was to form the Iowa City Riveffront Commission in 1972. The Riveffront Commission se~ed in an advisory capacity making recommendations, conducting studies, and working with staff in recommending programs, and assisting in the preparation of ordinances for regulating activities along and in the Iowa River. Through the 1970's and 1980's, the commission made recommendations on river use restrictions, flood plain management, development issues, and prope~y acquisition issues along the river. The commission also conducted the first Iowa River Corridor Study back in the early 1970's. The work of the commission resulted in a river use restrictions ordinance, a flood plain management ordinance, and policies dealing with prope~y acquisition along the river. Due to the implementation of these ordinances and policies, the Riveffront Commission changed its focus to include natural areas in 1991. Since that time the RNAC has made recommendations on the development of the Sensitive Areas Ordinance and trail plans for the Iowa River Corridor Trail as well as trails throughout Johnson County. Again, the implementation of this ordinance and the trail planning and funding decisions are the responsibility of Planning and Zoning and the Johnson County Council of Governments. Currently the commission is finding it difficult to remain useful to the Council in its present form. Many of the issues that the commission was originally developed to deal with have been completed. The ordinances that have been developed as well as trail planning and funding are now the responsibility of those commissions that originally established the Riveffront Commission. The RNAC had eleven members that included representatives from Iowa City, Johnson County, Coralville, the Univemity of Iowa, and the Parks and Recreation Commission. In 1999 the Parks and Recreation Commission voted to discontinue their representation on the RNAC, and within the last two years we have experienced many resignations and members not wanting to continue their terms to completion. We currently stand at six members with very little interest from the public in filling the remaining four positions. The commission has concluded that a change is appropriate. Eve~one on the RNAC is dedicated to enhancing and preseNing our environment but we realize that the RNAC has outlived its original charge and usefulness. We have evaluated environmental commissions in other Iowa communities and have found a concept that we would like you to consider. EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-i826 · (319) ~56 ~000 · FAX (319) 356-5009 May 3, 2000 Page 2 We would like to shift the focus to a broader environmental stewardship concept in which the main responsibility for the commission would be to provide an annual report on the condition of the City's natural environment and the progress made toward achieving environmental goals. Called the Environmental Stewardship Commission, this group could work with Council in developing environmental policies based on this report. The report would be broad-based and cover environmental issues such as solid waste and recycling, sensitive areas, water quality, wildlife management, and creek maintenance. In order to produce such a report, the new commission would need funding. (Historically, RNAC never had a budget.) The commission would meet as needed and would be made up of Iowa City residents only. Additional details have not yet been discussed, but we would like your reaction to our proposed concept. All members on the RNAC have endorsed this concept, including membership being limited to Iowa City residents only. Please let us know how you feel about our situation. We as a commission would be happy to discuss this issue with you in more detail. Thank you for your time and consideration. Sincerely, 3eft Sillitzer ' Lynn Rose Chair, RNAC Vice-Chair, RNAC jw/men~/bn-rnac.doc August 14, 2000 Mr. Brad Neumann Iowa City Planning Department Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 Dear Brad: I am writing to notify you of my resignation from the Riverfront and Natural Areas Commission. Due to the changing status of the commission and other volunteer commitments that I keep, I will no longer be able to participate as a member of the commission. Thanks for your time and attention to this matter. Sincerely, Lynn Rose Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__ RESOLUTION NO. 00-325 RESOLUTION APPROVING THE SETTLEMENT OF PENDING LITIGATION WHEREAS, for purposes of the South Sycamore Regional Green Space and Drainage Corridor Project the City acquired property and temporary construction easements from Sycamore Farms Company, Sycamore Apartments, and Lake Calvin Properties, hereinafter collectively referred to as "Owners", pursuant to a hearing held before the Compensation Commission on November 16 and 17, 1999; and WHEREAS, Owners subsequently appealed the condemnation award, which appeal is entitled Sycamore Apartments, SVcamore Farms and Lake Calvin Properties v. CitV of Iowa City, Iowa, et al, Case Number EQCV060422, filed in the District Court in and for Johnson County, Iowa; and WHEREAS, the parties have settled their differences, and wish to resolve the pending litigation; and WHEREAS, attached hereto is the Settlement Agreement which sets forth the agreements which have been reached by the Owners and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. THAT: 1. The above-named litigation should be and is hereby settled, on the terms set forth in the attached Settlement Agreement. 2. The City Council for the City of Iowa City hereby approves such settlement as being in the best interests of the City of Iowa City and the parties involved. 3. The Mayor is authorized to sign and the City Clerk to attest the attached Settlement Agreement. Passed and approved this 19th day of September ,20 00 Pr°f_~'~bY,~/~ CI~-CLERK '~ City A~orney's O~ce Resolution No. 00-325 Page 2 It was moved by ~ ' Ilnnn~l 1 and seconded by Vanderhnef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef x Wilburn eleanorkes~sycamore.doc SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between Sycamore Farms Company, Sycamore Apartments, and Lake Calvin Properties, hereinafter collectively "OWNERS," and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. Property Acquired. The parties hereby agree and stipulate that CITY acquired the property and temporary construction easements legally described on the plats marked as Exhibits "A" through "H "from OWNERS pursuant to a condemnation hearing that was held on November 16 and 17, 1999. Said acquisition was undertaken by CITY as part of the South Sycamore Regional Greenspace and Drainage Corridor Project (hereafter "PROJECT"). OWNERS subsequently appealed the condemnation award. Said condemnation appeal is entitled SVcamore Apartments, Sycamore Farms, and Lake Calvin Properties vs. City of Iowa City, Iowa, Hills Bank & Trust Company, Iowa State Bank & Trust Company, and Johnson County, Iowa, case number EQCV060422, filed in the District Court in and for Johnson County, Iowa. 2. Dismissal of Condemnation Appeal. OWNERS hereby agree to dismiss with prejudice the condemnation appeal referenced in paragraph 1 of this Agreement. OWNERS further agree and stipulate that CITY had a public purpose for acquiring the property interests which were the subject of said condemnation appeal. 3. Access Road to Kountry Lane Apartments. a. The parties acknowledge that a gravel access mad to Kountry Lane Apartments currently exists over parcels 8E and 8F shown on attached Exhibit "D." OWNERS may continue to use the gravel access mad until such time as parcels 8E and 8F are needed by CITY. As part of the Project, CITY shall install a new collector street at the approximate location shown on attached Exhibit "1" and shall install a private drive from the new collector street to the west line of OWNERS' RM-12 parcel prior to taking any action which would prevent access to the Kountry Lane ApaFbnents from the current access road. The new collector street will be built to CITY collector street standards. OWNERS shall pay to CITY, upon completion of the collector street, the cost of providing portland cement concrete of 8" in depth for a 22' wide road less $1800 (the cost of a finished chip seal surface) and shall pay to CITY, upon completion of said private drive, the cost of providing portland cement concrete of 6" in depth and 22 feet wide for said private drive. b. CITY covenants and agrees that OWNERS may develop the RM-12 parcel, legally described on attached Exhibit "J," based upon said new collector street and private drive. CITY further covenants and agrees that secondary access shall not be required for the development of the RM-12 parcel described in Exhibit "J." However, OWNERS shall be responsible for complying with any other applicable local or state regulations for the development of the RM-12 parcel. 4. Dismantling of Sewage Lagoons; Installation of Sewer Service Line to Kountry Lane Apartments. a. CITY agrees that it shall dismantle the sewage lagoons which currently serve the Kountry Lane Apartments as part of the PROJECT. CITY further agrees that prior to dismantling the sewage lagoons it shall install a new sewer service line from its sewer main to the eastern edge of the RM-12 parcel referred to in paragraph 3 of this agreement and connect it to the existing sewer service line for the Kountry Lane Apartments. b. CITY shall televise the portions of the existing sewer service line which will not be replaced by CITY prior to dismantling the sewage lagoons or undertaking any construction activity which could affect the remaining portions of the existing sewer service line. CITY shall then televise the existing sewer service line again after the new sewer service line has been extended from the CITY's sewer main and connected to the existing sewer service line for the Kountry Lane Apartments. CITY agrees it shall repair any damage to the remaining portions of the existing sewer service line caused by CITY which is documented in the televised before and after recordings. City will design and construct said sewer line so as not to affect the functioning of the existing system although City may assume that the current system is functioning as a gravity line. c. CITY agrees to pay the cost of three (3) acres of sewer tap-on fees for the RM-.12 parcel. d. CITY shall request an alternate bid or specify the right to require additional work for the cost of extending the new sewer line all the way to the Kountry Lane Apartments. In order for CITY to obtain said alternate bid or make such specification, OWNERS shall provide CITY with construction drawings showing the locations where the new sewer line would connect to the apartment buildings. At OWNERS' request, CITY shall accept said alternate bid or require such additional work provided OWNERS pay the cost of the alternate bid or additional work and notify CITY in time to accept the bid or specify the additional work. 5. Extension of Water Main. CITY agrees to extend a water main along the south edge of the future parkway to a point west of where CITY intends to install the bridge for the future parkway. Said water main shall be at least 12 inches in diameter. OWNERS shall be responsible for tapping into said water main and paying any tap-on fees, including tap-on fees for Kountry Lane Apartments. 6. Access from Future Parkway to ID-RM Parcel West of the Future Bridge. a. CITY agrees that OWNERS shall have one vehicular access point on the south side of the future parkway west of the proposed bridge for the ID-RM property currently owned by Sycamore Apartments and Sycamore Farms Company, which parcel is described on attached Exhibit "L." OWNER and CITY shall determine the location of this access point prior to CITY's grading of the future parkway. CITY shall grade said access during the grading of the future parkway in accordance with paragraph 11(a) hereof at a width sufficient for a collector street to be built upon it, and provide a 16 foot wide granular surface. However, CITY shall be relieved of the obligation to grade the access point if the parties cannot agree on the location of said access point prior to CITY's grading of the future parkway. b. CITY shall rock the future parkway and OWNERS' access to the IDRM parcel to the right- of-way line of the parkway after the parkway is graded and install a low water crossing at the location of the future parkway bridge. Said low water crossing shall be adequate for farm machinery. OWNERS shall be responsible for any future surface maintenance of the parkway and low water crossing if it desires to use them until the parkway is paved and the bridge installed, although OWNERS shall not be responsible for negligent design or construction. 7. Storm Water Management Tap-On Fees. Prior to the development of any undeveloped property within the watershed for the PROJECT, OWNERS shall pay to CITY storm water management tap-on fees as follows: a. The per acre tap-on fees calculated by CITY for this PROJECT; or b. Per acre tap-on fees whicil equal the actual cost per acre expended for the design and construction of the storm water management facility for the Saddlebrook Subdivision. The parties agree that the cost per acre expended for the design and construction of the storm water management facility for the Saddlebrook Subdivision is $855.00. In the event that OWNERS pay pursuant to subparagraph b above, CITY shall pay the difference between the per acre tap-on fees for the PROJECT and the per acre tap-on fees actually paid by OWNERS. 8. Secondary Access for Saddlebrook and Lake Calvin Properties. CITY covenants that it shall not require OWNERS to provide secondary access via the future parkway in order for OWNERS to further develop the Saddlebrook Subdivision or Lake Calvin Properties provided that: a. Whispering Meadows Drive, the platted street from Whispering Meadows Subdivision, is extended to the south to the Lake Calvin Properties parcel in order to provide secondary access for said development or some other street is constructed which meets the secondary access requirements imposed by CITY; and b. The current density for the Saddlebrook Subdivision and Lake Calvin Properties, currently zoned RFBH and RS-8 respectively, is not increased above the present density. 9. Excess Dirt. CITY anticipates it will have approximately 30,000 cubic yards of excess dirt as a result of the grading portion of the PROJECT. CITY agrees to make available to OWNERS any excess dirt not needed for the PROJECT or any other City of Iowa City projects. CITY shall haul and deposit any excess dirt to the east property line of OWNERS' property at a mutually agreeable location. CITY will notify OWNERS as soon as practicable when said excess dirt becomes available. 10. Project Schedule. CITY currently anticipates completing the grading portion of the PROJECT. including the grading of the future parkway, by December 31, 2001. CITY further anticipates completing the wetland plantings portion of the PROJECT by December 31, 2002 and the trails included in the project, which may include either a paved or non-paved surface, by December 31, 2004. However, the parties specifically acknowledge that delays in the anticipated completion dates may occur. Barring circumstances not within CITY's control, following award of any phase of the project said phase shall proceed without interruption. I 1. OWNER'S Use of Parkway for Development of IDRM Parcel. a. CITY, as part of the Proiect will grade and compact the future parkway as follows: The grading and compaction of the roadway embankment shall be constructed as to ensure the proper elevation and density along the entire cross section. The following items shall be completed: shaping, drying, watering, and compaction of fill material and all such work as may be required to make the grading work complete with uniform surface free of rock, broken concrete, tree roots, limbs and other debris. Removal of unsuitable material below the roadway fill shall be replaced with approved fill and compacted. The proper elevation shall be the proposed centerline grade of the future parkway. b. OWNERS shall have the right to improve the parkway in order to provide access to OWNER'S IDRM parcel required by the City Council in connection with its approval of any rezoning and/or subdivision plat. c. OWNERS' obligation to provide a hard surface on the parkway in order to develop the IDRM parcel shall not exceed the obligation to upgrade the parkway to CITY'S collector street standards (said standards currently require portland cement concrete of at least 8" in depth) or to provide paving north or west of the intersection of Sycamore Street and the parkway. 12. Army Corps of Engineers Section 404 Permit. CITY covenants that it has obtained a Section 404 permit from the United States Army Corps of Engineers for the Project. Said Section 404 permit incorporates the "Individual Section 404 Mitigation Plan" prepared by Lon Drake and MMS Consultants, Inc. which is dated April 1998. A copy of the permit is attached hereto as Exhibit "K". OWNERS acknowledge that said Section 404 permit may be modified from time to time as approved by the United States Army Corps of Engineers. 13. Successors and Assigns. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorders Office, at CITY expense. 14. Severability. In the event any portion of this Agreement is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. 15. No Waiver. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be constructed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 16. No Third Party Beneficiaries. This Agreement shall not be construed as creating or bestowing any benefits to third parties. 17. Modification of Agreement. This agreement shall not be modified, waived, or abandoned except in writing duly executed by both parties. This agreement contains the whole agreement of the parties, and is not assignable by either party without the written consent of the other. 5 18. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Iowa. Signed this R da of S,,~,,,,/,~,,- 2000. . Y , OWNERS p an IoWa General Partnership ~ ~' By: ~ ~ By: ~ ~ ~ ~es ~.~z~e=, ~e~e=a~ BY:stephen ~. s~t, ~es~aen~~s .~. ~ . ~a~tn~~~= ~a~tne= By:ste~e~;~~ec=eta=~ . Ernest W. Lehman, Mayor CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this (ri ~ day of -.%~p-N.,,-,-~<.,- ,2000, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ' ..... [ FOR THE LEGAL EFFECT OF THE USE OF; Assoc,AT,oN ,SBA. O3 82 TH.. FORM. CO.S L ~" SYC~ORE APART~NTS, an Iowa General Partnership ~, ~o Acknowled~ent STATE OF IOWA , COUNTY OF JOHNSON , ss: On this/0 day of ~ ,X~ 2000, before me, the undersigned, a Notary Public in and for the said State, personally appeared James R. MilZe= , to me personally known, who being by me duly sworn, did say that the person is one of the partners of Sycamore Apartments, an Iowa General Partnership , a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. , Notary Public in and for said State. .~ I~ BI~CE HAUPEFIT (Section 558.39, Code of Iowa) MY(X)MIiSSi0N EXPIRES /mgust31,2001 Acknowledgment: For use in the case of partnerships The Iowa State Bar Association 191 ACKNOWLEDGMENT CALFS Release 3.0 6/94 Revised November, 1995 SYCAMORE FARMS COMPANY ACKNOWLEDGFF_iXIT STATE OF PENNSYLVANIA ) ) SS: COUNTY OF ~,,fg'/d,,,~' ) On this //~/q day of ~l.4J'f" , 2000, before me, a Notary Public in and for the ~tatJof Pennsylvania, personally appeared Stephen F. Bright, to me personally known, who, being by me duly sworn, did say that he is the president and the secretary of Sycamore Farms Company, an Iowa corporation, the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; and that said instrument was signed on behalf of said corporation by authority' of its Board of Directors; and that the said Stephen F. Bright as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. o~tary Public in and fo~the State of Pennsylvania NOTARIAL SEAL JAMIE L. MOSCUFO, Notary Public La~ghome Boro, Bucks County My Commission Expires Dec. 17, 2001 R ASSOCIATION ISBA# 03182 THIS FORM. CONSULT YOUR LAWYER ~, Lake Calv]~n Properties, an Iowa General Partnership Acknowledgment STATE OF IOWA , COUNTY OF JOHNSON , ss: On this //9 daV of ~J,,~ , bg{200Q before me, the undersigned, a Notary Public in and for the said State, personally appeared James R. M~ ller , to me personally known, who being by me duly sworn, did say that the person is one of the partners of Lake Calvin Properties, an Iowa Genera] Partn~rRh~p , a partnership, and tha~ the instrument was signed on behalf of the pa~nership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. , Notary Public in and for said State. ~ ~. 8R~CM HAUPEF~T ~SSON ~PIR~S (Section 558.39, Code of lowa) ~3~,~ Acknowledgment: For use in the case of partnerships The Iowa State Bar Association 191 ACKNOWLEDGMENT CALFS Release 3.0 6/94 Revised November, 1995 IEXHIBIT t/~Colrl'lt SYCAMOI~ P~Lq011AI, STOI~ IAI'~'R PRO,IBCt ;...o' 0'~ P~NT ~= ... __. - ::: ~ .... 'PARCt;L 1OR J'tpJ'l~='"l..~ ,.:~R~'A :- ~.o~: ' ' /// GRAPHIC SCA/~ 1N FEL"r 1'=200' .......... ' ' ' / ' .:~X ':: 6.42 LEGEND AN D NOTES SEWER EASEMENT __] (5/8" Iron Pin w/L$ COp) (RIGHT-OF-WAY) - ACQUIRED IN rEl~ SIMPLE ; {SYCAMORE APARTMENTS) \ //,~/://' "p~l m the eesl~y r~e of Ihe N~'theml one-~ertls' .f ~ecl~n 26 .I seld I__ip .d rm~; ,,/77 ~ ~ 1215.00 f.t radius c~r~. co.uv~ nNthwe~le~y. ~ ~40 I.t ~d b~f N46~'4~ 14675 , ,/: / EASEMENT LIMITS r c - - F~ ~mp~Y) ¢. E ~ ~ ACqU[SITION ~ ~ ~S CONSULTAN~ ~NC ~: 2 PER CITY REV ~" ~ ~ Z~ Pro~Ct hue: ~ Iowa City. iowa (319) 351-8282 + .. '~ ,' ~:52z *PARCEL lOB .... 1{~., .-:ZZ::Zz-'zZZZZZZZZZZZZ:_'zzZ:ZZZZZZZzz;~'Z/'EXISTING 50 FT. ~OE """ ,.',%~, "'\ :-:<' :--- ~ ~: ::::~%-'~:_-::: %-~: .-:?~:~:~:~ ~:~i:~:~:-"_--'-~(/,.."' {'~ TEMPOFIARY CONSTRUCTION EASEMENT i/////~ EXISTING CONSERVATION (RIG,T-O,~WA~) (SYCAMORE - ACQUIRED IN FEE2 51MPLE APARTMENTS) (SYCAMORE " APARTMENTS} \ ~. ,. L:_. ,/.,,,.' C~z~mpany) "' /,/ /, SEWER EASEMENT /' Q / . ~,.. ....-,#//.,. "/" ,.~0.25- 7gN-R6W ~'YCAIORI ~ ........ -F__:~==~ LEGEND AND NOTES / o - P~oet-ew coe~s~s ~T / / ,/ ' ' l'=2~' (SYCAMORE APA~E~S) ~.~.,~.,.~.~=,-~..,..,~, LAGOON AREA:: '~'~'~'~'~'~"~"~"" ~EA = 13.35 ACRES ~', / ~ I sw CORNER / ~.l r~ND S~ Sheet ~tle: ~ ~ ~ ~ ~ ACQUISITION PLAT ~ ~ ~ ~ PA~ OF ~E SW 1/4 OF ~m. 25 ~D ; ~ I ll"~ MAK/kD~: UB : : i ,4~ MMS PARCEL NUMBERS' 8A 8B 8C 80 BE and 8g ' ,', , ..... ~ i~---- ' .... ' ~"~ '... .-- , ~ '. - "- '- . ' ' ~ '. ~ ~ ~AR~ = 0.32 AC~ ,,--f 588~ .............. : , -. _ ' "' 2.g6' ACRES' ' .L - 914.43' ~ ~ m , / ~,'~ -AREA k~~ ~m~ffih~f / ./ "~, - .... NBg'lg'50'~ -~~ ~,~.=~~~7~b, :m AREA = 2.19 ACREI -T - 6~.~' o ~m~m~b~lld~t~ I - ~ER~ ~(S). F~ ]~/ - 275.~' ~m~~bk~t/~ ~ AREA SUMMARY N76~'Ig'E L ~7~ ~~ ~'~ ~ RM-12 Z~E ~ik~d~i~T~i~ef ~ ~ /herdated~y~wosp~f~m~byme~und~myd~cct ~ - 734,80' '~ ~~ ~ i 1"=200' · ~=. · , - . ~ , ' '-N , -"/,//',N ,,, "~ ~ Pro~ct Numbs: ~0339 - 113 tEXHIBIT PAGE ! ~C I S[C, 25-T79N-R6W I (10[111.1 ~rtCXl0Rl R~IiA~ S~OR~ !/~ ~ FOUND NAIL IN CONe,, POST ~, s pMICI[ ~NUMKR$: aJ _fi , F- LEGEND AND NOTES / /~ "\ · - PR(~'RTY CI~N(R(S), FOUND " / ~ / ,~ / ..... \ ,-'/ / ~- * ~ ~ ~ \ 0a ~I lee / o , ,~ ~ ~ ~ CRAPHIC SC~I~ ,-- -, \ r=20e' eC-O~NQ *A~EA = ~7.5f A~R~; \ APARTMENTS) ._ / 'NB8't4,49"E 1007'94'~ ~ + "" ~-:_ ~0~,, 8~ :~::::::::::::::::: :~__-:::::::::::::: ::::::::::::::::::::::::::::::: P RC L 8J Cm~me~q~!ate~l~rte~l~edm~T,tip~JNeth, lla~ellald :::::::::::::::::::::::::::::::::::::::::: A E :::::::::::::::::::::::::::::::: .~:-:~:-:~:.~%:~:-:°:----Z::-~::::----:::.-:°:~:--:-:c~c°:~Z-~c<-~c+Zc~:.~Z-Z~Z-~-~,~-~- ~n ..., S~ Per~ 8J ~t~ I.t~ ,~,,, a,',~ i~ ~bjed t~ eeae~l~ o~ :u~ ~2:::::2:_':_':::::~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ C-:~:-:-:-:-:-:(C-:~.. :------~:~:~~-:-:-:~:-:~~-:-~~--~:-:-:-~~~-~~~-:-:~~-:-~~Z~~.~-:-:~~-~:::-----V::::::--::~-~-' v .. AREA SUMMARY ,,, ~ ' ........... / NW 1/4 SW 1/.4(SEC. 25) 9.54 ACRES , SW 1/4 SW 1/4(SEC. 25) 1.65 ACRES/~ ~ '~ ~ ~ * ~' * ~' ~ "' ~ ~ NE 1/4 SE 1/4(SEC, 26) 2.00 ACRES * * ,v I ,v ~ ,, ~ ,~ ,~ ,~ , , , ~ / SE 1/4 SE 1/4(SEC. 26) 0.36 ACRES ~, ~, ,~ ,~ ~, , ,,, ,~ ~, ~ ~ ~, ~ / j AR'~.A 'i~e60'~,C~SS / ~ ....... / ..... I ........ ': , / ~ 6:' cBmore Farms / ~ "' "' * * ~i * ~ * + * "' ~ / (Sy Company) /, , ~ .,. , , ~:: ~ , , , , , / ?*"-'-' ' / ~i 6W CORNrR / /~/rOUNO SCU L o~. -'_ _~ m~ ACQUISITION PLAT M MMS CONSULTANTS, INc i: u~ z o~ n' ~_~" M Iowo City. Iowa (319) 551-8282 z o .o. PART O~' 'I'~S S1 I/.l or sic. :e5 A]~fo the- SS !/4 D ( ed by~ Din,,, b~: Checked by k~. ~ ~ Or SIC. ~ -rm~-RG! or 'rot rm .~. JomeoN COUNTf. IOIA MAS JEL f"rSOUTH SYCAMOR~ REGIONAL STORM WATER PROJI~"T · MMS PARCEL NUMBER 11A I / OWNER OF RECORD: LAKE CALVlN PROPERTIES : · · / /' "" \ ' ' ~i~ ""/ ?"°°° f~5 'T.~~,~ , ~ ,, '. ~o""0 ~ /' ,,'~: ,~ \ / I TCE AREA = / / "~*" "°' ~ ~ \ ,, ,, ,, / / ,,,"" 60 ACRES ' " " ~ ' . / %:;' '~'~ ,,,,,,,,,,,,,- ~' \ ,, ,," " ' ,,""--b / EX~Sl~NG CONSERVAI1ON GPAPHIC SCAJ~ ~1 I~ET 19'o9'og" / / ,' ,,' r=,~' ~ ~ 3 ~.~. ,, ~ = 299.45' , ,/' , z ~ 52918'03'E / / / LEGAL DESCRIPTION ~ ~i ,',,, - ~SS~ ~ER, F~D ~ ~ L-129.99' /' / ~ich ore described ol follows: (5~- w..~ ,/~ ~) ARgA = / ''/ ................. 2___'~_ I / / ~ ,./' (~F__~y) /' / /' (S~F~s~y) My fi ...........' dote is D ....bet 31, 20 ,' / ,' ,/ / / I ,-/' ,' / ,' ..__.~ ....... ---- :/' / ,, ~ L /"~ / , 0339-113 f/~SOUTH SYCAMOR~ P,~XIIONAL SI'ORM WATER PROJ[X~]' · MMS PARCEL NUMBER 118 I OWNER OF RECORD: LAKE CALV1N PROPERlIES ' \ ,,\,, / ,,,,," ' x \ ' round so4 ,," \ . ,, , ,, ' ' \~ ~ ~ / / " 2}! STEIN ~ ~- 0.60 ACRES ,' , / , L,~.~ a" (Lake CaM~ Pro~eaies) ,/ , \' /'i.~3 R=85O. oo' ' ,.,' G It ', ,"' , f-100' R.90000' 0dt.-~9'09'~3" / / ca ' \, ~ L=500~85" CH=282.83' / , ," O _o lO , ," LEGAL DESCRIPTION [ o CS=S29'28'03'E ,' ,/ \ ~ ,1, ,' , / which ore described as follows: , , / ,// LEGEND AND NOTES '~ ~ : ..2oo.o~. / / P~'~'m · 7'1 / ' ,, ,,' Commen45ng at the W¢st ~e-c~art~ ¢~nft Of Seciioa 25, Township Z9 Nffth, R~e 6 West fS / //' rme at the Northwest oae-q~ of said ~¢llm 25. a ¢FGImce of 1~0.16 let to the · -- PItOPE:RTY CORe(S). FOUND \ ,~, ~,' CH=127.72' ,, / ,' ,' n~'thmtwlf. 162.17 feet alor,~ e. arc of o 250.00 Idol r~s ~ ~w4:eve ~uthmtet'q. m o~c of e~ 850.00 fool rm{m a.'rw.. ~ nm'|~ta*ly. ~ 282.83 bat dw~d bea,'s "8 · * /,,I Nudhwest or, e-querte~, 11~ SIXY54'24'E, alan4} $~d mtedy Free, 15370 eel; ~hence ~ · - ACQUIRED FOR CREENSPAC~ \ ~ ......... ,' / ' S19'5,.tZB"E 1142 feet; 1hence sou he~s edf. 300.85 fee dex] On arc o o 900.00 fo4} r~s O O ,4, ,,t, -j, -j, ,' , / Ton-84.O5' IDol d~erd bf~'s S20'22'56"E to the Poker el Begkmnir~. P~'cd ltB conto;ns 0.60 ) / A 0alto=37'09'56" ~b~ect to easements and restrlci;o~s Of recoed, (Gatens) " ,~ ,4, -~ ,~- , '28'w r I 4 CORN w ~/4 CO~NE~ / ,', _t~ZSc8 ~ o - , ~ _ _'2'__' ...... 8T50'2' ' ' ~ ' ' NSTS0'26'E ' ' 50.00 .... S87'50 26 ';i, ~ o - ' , n / / / --- _ (VaDdussoldorp) ,, / MZRLK A. STEIN, L.S Iowa Lie. No. 14575 @@ ,/ /' (Syr. an~oreFarrnsCompanyJ / / / (Sycamore Farrns Company) My icerise renewal dote is Oecember 3% 20ZL_ r~d BOOk No: / / / / "/ /' / " Pages or sheets covered by thfs seal: 1"=100' --~ / ' / / 1 Sheets ~__ Project Number: ff LEGEND AND ,NOTES ''~ "' · · SOUTH SYCAMORg REGIONAL STORM ,~ATER PROJECT ~T~ - ,co,~,ReD ~o, CREEN~*~ <~E IdMS PARCEL NUMBER: 7K OWNER 0,:' RECORD: CITY OF IOWA CiTY [""] · .-..-_T_.- _-..-.;-_-:o: :-.:.:.':: z:-_.:.-.: A _ CONCRES~ONAL COrNeR, REeSTABUS~O t,,J* '~ ........ .q~'ib' F ......... [ o - P~c~m~t COrNeRS SZr - JVL'I~DA '~ It &/of 90UNOARY LINES I I ~' -- - CONGRESSIONAL SECTION LINES .'_=--_'~-i _=E_' i ', , .: b .......... C~NT~ UN~S _ - Lot UN~S. ,.=..~. ~ O | I , ' .................... EASEMENT LINES, ~0114 ~' PURPOSe NO~9 .~. "-r ../ ~ I Private Drive to Kocmtry Lane Apte. ..... , ..... . .. , ~i. ·" ~. ' ' i '~j~,~ '-" [ 'ii~o,.~, ~.- ~,.. ." -' _ ........ _.>--" . .,- # . ., ,. .-,= -L~ \ , (Pless~nt V~ley) ,:. ../' .,,,-- · ' "" j"'~.~. :' IRessent Valey) . \ ~ ~ "'--, -. \ -, ................... , \ 7P/0O \ \ nemd BOc4~ ' \ ",, \ 1"=200' CP,.A91{]C SCAle ~{"[/j:~l' : ;' ", t"~O0' ":' ~ ' ,. ; ;' , 'X,. Project k,, ;,;~::: i ..:..!... ,. oz~9-~a2 ~ .~.-.._,i._-.,~ ......... ,.~- ~f,.,~..z ...... ._: ~..: .... EXHIBIT PAGE R~t-12, Low Density Multl-Famlty Residential: A tract of land In the Northeast Quarter of the Southeast Quarter and ~e Southeast Quo. rter of the Northeast QuertGr of So~lon 26. Township 79 North, Range 6 West of the Fifth Principal Meridian, dcccribed Ccgh-ninfl at the northwest corner of the Nor~.hc:t.",t Qunrter of the .'3otzther~r~t Qtm.-tc'r of Section thence N O'10'51' W, 16.50 feet; thence N 89'21'53" E, 660.00 feet parallel and 16.50 feet north of tile north line of said Quarter Quarter; thence S 0' 10'51" E, 676.52 feet; thence S 89'21'53" W, C. GC;.0,3 ~et to a point on the west line of said Quarter Quarter; thence N 0'10'51" W, 660.02 feet to the Point of Beginning. Said tract contains 10,250 Acres, more or less. R1~,,1-20, Medium Denstry Multi-Family Ro~idantjah A tract of land in the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northeast corner of Ben-Airs Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County Recorder's records, said point being located on the southerly right-of-way of Highway 6 and the west line of the East 25 feet of the Southwest Quarter of Section 24; ~.- thence following said right-of-way southeasterly 330.76 feet along a 5789.58 ': foot radius curve, concave northeasterly, wit;", a central angle of 3'16'24" to a point that lies S 58'45'25" E, 330.72 feet from ', the last described point; }'~ thence following said right-of-way S ,.. · 61 '02'56" E, 465.18 feet to a point on west:'half of the .Southeast Quarter.'. of, .:: Section 24; :: : '.:! ' 1" thence S 0'08'32" W, 987.08 'feet to a point on the west line of said East 660.05 feet; thence N 89' 51 '28" W, 343.80 feet; thence N 0'08'32" E, 461.22 feet; thence S 89'56'44" W. 343.82 feet to a point on the west line of scid East 25 feet of the Southwest Quarter; thence N O'O3'16" W, 922.03 feet to the Point of Beginning. Seid tract contaln.~ 15.000 Acres, more or EXHIBIT K PAGE DEPARTMENT OF THE ARMY PERMIT Permit Number: CEMVR-RD-328700-1 Section 404 Permittee: City of Iowa City POC: Mr. Dennis Mitchell 410 East Washington Street Tel: (319) 356-5030 Iowa City, Iowa 52240 Effective Date: 16 March 2000 Expiration Date: 31 December 2004 Issuing Office: U.S. Army Corps of Engineers, Rock Island District Clock Tower Building - P.O. Box 2004 Rock Island, Illinois 61204-2004 You are authorized to perform work in accordance with the terms and conditions specified below. NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate distdct or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. Project Description: The permittee will facilitate future residential development in various wetland areas through the construction of new roadways, storm sewers, housing subdivisions and greenways. The total development will result in the loss of 16 acres of predominately farmed wetland. To compensate for wetland impacts, approximately 84.5 acres of wetland will be created or enhanced and 60.9 acres of wetland will remain preserved and unchanged in the project area. Project Location: Wetlands adjacent to Snyder Creek in Sections 23, 24, 25, and 26, Township 79 North, Range 6 West, near Iowa City, in Johnson County, Iowa. in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Drawings No. CEMVR-RD-328700-1 Sheet 1 of 4, Location Map Sheet 2 of 4, Ecosystem Inventory Map Sheet 3 of 4, Plan Drawing Sheet 4 of 4, Cross Section Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on the date specified on page 1. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before that date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party, in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Histodc Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it 'contains such conditions. (Condition is not applicable for Section 10 Permits.) 6, You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. That general conditions I thru 6, .mitigation conditions I thru 3, and 1 special condition stated in the letter dated October 22, 1998, from the Iowa Department of Natural Resources is considered part of this permit. 2. That the attached wetland mitigation and enhancement plan dated October 1998, is considered part of this permit. The permittee shall complete all aspects of the wetland mitigation plan to the satisfaction of the District Engineer within I year from the initiation of work on the project. The permittee shall notify this office in writing upon initiation of construction activities and shall notify this office in writing upon completion of the wetland mitigation plan. 2 3. That annual monitoring reports shall be submitted to this office by August 31st of each year for a pedod of five years following the completion of the wetland mitigation plan. The monitoring reports shall describe the success of the wetland mitigation plan and shall outline any corrective actions deemed necessary to insure wetland success. The permittee shall be responsible for any corrective actions deemed necessary by this district during the monitoring period. 4. That an as built planting plan be provided to this office within 30 days from the completion of the initial plantings. The permittee shall maintain an 80% survival rate each year on the tree and shrub plantings, for a period of five years. 5. That a perpetual deed restriction/conservation easement shall be placed on the entire 84.5 acres of wetland (created, enhanced, and pre-surveyed wetland) under the mitigation plan to guarantee its preservation for wetland and wildlife resources. The permittee shall record the deed restriction/conservation easement with the registar of deeds for Johnson County and provide a certified copy of the document to this office within 90 days from the issuance date of this permit. 6. That if construction work uncovers an item or items that may be of historic or archaeological interest or if important new historical data comes to light in the project area, the work must be delayed sufficient time to notify the U.S. Army Corps of Engineers, Rock Island District, Clock Tower Building - Post Office Box 2004, Rock Island, Illinois 61204-2004 (telephone 309/794-5361 ), and the State Historical Society of Iowa, Bureau of Histodc Preservation, Historical Building/Capitol Complex, Des Moines, Iowa 50319 (telephone 515/281-5111 ), and to allow the significance of the discovery to be determined. The permittee may be held responsible for cost associated with identification and recovery. 2a Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property dghts or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). 3 c. Significant new information surfaces which this office did not consider in reaching the odginal public interest decision. Such a teevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. / Date This issuing officer for this permit is James V. Mudd, Colonel, U.S. Army, District Engineer, Rock Island District. This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, and in accordance with CEMVR-RD appointment order 8 July 1997, has signed belo . // ·anaiJ°hn er Date When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the properly. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. Transferee Date 4 0 G ' INTERSTATE 80 I I I I I RI VEF I SYCAMORE MALL IOWA CITY MUNICIPAL AIRPORT ~ ~ SOUTH ~;YCAMORE REGIONAL GREENSPACE PROJECT STUDY AREA I IOWA CITY WASTEWATER TREATMEZNT PLANT Z ~ r-,- c~ SOCCER FIELDS ~ ~ 0 I O I ~ IF~GUnE l ~ ~: O~ / \ FIGURE 2 " ?(,/~/~~ECOS~TEM~IN~[. ENTORY MAP %~ ~ ' ': :! ~:' '-: .:ii:ii i.: i """"'~iiii.:~\.:..Z . ..~.~''.~ 6~C SC~ ~ :L. 1"=1000' ~ ~ -' ..E ~.:'. ::::' > ~~~~:::::: LEGEND AND NOTES ~mature Tr. ~e Meturn TrH ArN ~ -- k~ ~ pits ~, - Od fmci~¢ row of sa~ m~e O~ LMd z M~DA BUYER '~' ' 'm} To (I 0 State B~k - Trustee) / ~-"::' ' ~ I MIDDLE CORRI~R ' ~ CORRI~R / ~p~y) I ~ ~HV~-~D-328700 ' ~" ~ "" Plan Drawing _ '~ Sheet 3 of 4 250't LON(I ~ WETLAND ........ ~ i~= .........,_ .............~,er~_ ..........7 ..............................~ ............................ ............................................................................................................. J RGURE 4 ~ ~~ ~,~ c E ~ v ~ - ~ ~ 2 ~ ~ o e CROSS SE~ONS ~A~~~ Cross Sections Sheet 4 of 4 IOWA DEPARTMENT OF NATURAL RESOURCES SECTION 401 WATER QUALITY CERTIFICATION Certification issued to: Effective: October 22, 1998 City of Iowa City 410 East Washington Street Iowa City, IA 52240 Project certified: US Army Corps of Engineers, Joint Public Notice No. CEMVR-RD-328700 State 401 Water Quality Certification, Application Log No.: 98-I-095-08-01-S Proposal to facilitate future residential development in various we~land areas through the construction of new roadways, storm sewers, housing subdivisions and greenways. The purpose of the project is to construct new residential developments to meet increasing housing demand while offsetting development impacts through the creation of interspersed new wetland and greenspace areas. The total development will result in the loss of 16 acres of predominantly farmed wetland. To compensate for wetland impacts, approximately 84.5 acres of wetland will be created or enhanced and 60.9 acres of wetland will remain preserved and unchanged in the project area. The project is located adjacent to Snyder Creek in Sections 23-26, T79N, R6W, loh~on County. Water quality use designation: This reach of Snyder Creek is designated as General Use Water and is protected at all places at all times for livestock and wildlife water, aquatic life, non-contact recreation, crop irri,,_oati'on, and industrial, domestic, agricultural, and other incidental water This Stale 401 Water Quality Certification has been issued by the department pursuant to Seaion 401 of lhC Cleall Water A~t. State Certification is required by the Army Corps of Engineers before a Section 404 p~rmit can be issued. Section 40 ~ Certification re~resents the department's concurrence that the project ccrtificll is consistent with the Water Quality Standards of the state of Iowa as set forth in Chapter 61, Iowa Administrative Code. Subject to the _a_ _tt_a.¢hed conditions, ineorporaXed by reference herein, the department has determined that there is reasonable assurance the proposed activities will be conducted in a manner that will not violate water quality standards of the state of Iowa. City of Iowa City October 22, 1998 Page No. 2 GENERAL CONDITIONS 1. Permittee is responsible for securing and for compliance with such other permits or approvals as may be required by this department, federal, or local governmental agencies for the project activities described. 2. Clearing of vegetation, including trees located in or immediately adjacent to waters of the state, shall be limited to that which is absolutely necessary for construction of the project. All vegetative clearing materia/shall be removed to an upland, non-wetland disposal site. 3. All construction debris shall be disposed of on land in such a manner that it cannot enter a waterway or wetland. 4. Equipment for handling and conveying materials during cometion shall be operated to prevent dumping or spilling the material into waterbodies, streams or wetlands except as approved herein. 5. Care shall be taken to prevent any petroleum products, chemicals, or other deleterious materials from entering waterbodies, streams or wetlands. 6. All non-critical excavated or distufoed areas shall be seeded with native warm season grasses, excluding Reed Canary Grass, during an optimal seeding period. ff excavation and constraction are completed outside an optimal seeding period, temporary erosion control protection shall be implemented immediately upon completion of excavation and construction and shall be maintained until such time as seeding can be completed during an optimal period. City of Iowa City October 22, 1998 Page No. 3 MITIGATION CONDITIONS 1. The "South Sycamore Greenspace Regional Plan Iowa City, Iowa" prepared by MMS Consultants, Inc. and Lon Drake should be consulted for lists of plants, shrubs and trees to be planted, plans for the restoration of the Gatens Wetland area, plans for the wedand cells to be ereaXed, management and monitoring of the area, and other mitigation delails. 2. Mitigation shall be completed prior to or concurrent with project activities. An as-built plan, including actual tree and shrub species planted and the densities, shall be submitted to the department upon completion. The replacement wetland shall be monitored annually by the applicant and shall be managed to assure that it has successfully replaced the function and values of the impacted wetlands after a five-year period. If; at the end of the fifth year, the exp~ water level is not achieved, tree and shrub se, ex:llii~ survival is less than 80 percent, more t_h_an 50 percent of the emergent vegetation are weedy, non-native species, or if evidence e~dsts that the replacement wetland is becoming less effective, then additional monitoring and/or corrective actions shall be taken to achieve the compensation ratio as originally approved. Annual monitoring reports shall be submitted to the department and to the Corps of Engineers' office by August 31 of each year for five years following planting. 3. Future development and land-use conversion of the replacement wedand are prohibited without prior notification and approval from this department. , SPECIAL CONDITION In order to protect habitat for the Indiana bat (Myotis sodalis) clearing and cutting of woody vegetation larger than 11 inches in diameter at breast height within the forested wedand areas shall be restricted to the period September 1 and April 30, when the bats are not likely to be in the area. Further protective efforts shall be taken according to the "Iowa Department of Natural Resources Guidelines for Protection of Indi~rm Bat Summer Habitat." Revised March 22, 1994 IOWA DEPARTMENT OF NATURAL RESOURCES GUIDELINES FOR PROTECTION OF INDIANA BAT SUMMER HABITAT These guidelines were prepared to provide information about the Indiana bat and its summer habitat requirements in Iowa and to prevent inadvertent harm to the species through various human activities. This update of the guidelines is in response to a number of questions about the guidelines and to clarify several items in the habitat survey materials. The Indiana bat is a federal ( 50 CFR Pan 17 ) and state ( Code of Iowa, Chapter 481B ) listed endangered spedes that occurs in southern Iowa from May through August. This species was listed as endangered by the US Fish and Wildlife Service because over 85% of the Indiana bat population hibernate in just seven locations in Missouri, Indiana, and Kentucky. Protection of the hibernation caves and mines has stabilized the population in.the eastern US but the western portion of the population, which includes Iowa, has continued to decline. Female Indiana bats have their young beneath the loose or peeling bark of trees. Most nursery colonies' have been found beneath the bark of standing dead .trees on the trunk or large branches. Dead trees that retain sheets or plates of bark and which provide space beneath the bark such as red oak, post oak, and cottonwood are potential roost trees. Live trees such as shagbark and shellbark hickory are also used at times for roosting. The nursery colonies are located along streams and riven or in upland forest areas. Riparian areas are also important feeding areas for this species. Indiana bats have been captured on the edge of urban areas. It is likely that the bats would be using only areas on the edge of the town or city and only if there is suitable habitat such as a greenbelt or a large park with a natural forest component that would have the below listed requirements. This would exclude city parks that are maintained as mowed areas. Counties affected Summer Range in Iowa: Appanoose, Clarke, Davis, Decatur, Des Moines, Hera-y, Jasper, Jefferson, Keokuk, Lee, Louisa, Lucas, Madison, Mahaska,.-Marion,-Monroe, Muscatine, Ringgold, Union, Van Buren, Wapello, Warren, Washington, and Wayne or portions of these counties south of 1-80. Step 2 Codduct a survey of the project area that will be cleared or cut to determine if suitable roost trees are present. This will include both upland and floodplain forests. Areas that are too large for complete counts may be sampled using techniques such as point- quarter, tenth-hectare quadraB or other acceptable forest sampling techniques. The information to be collected during sampling includes the following: Standing trees 11 inches or greater (dbh) diameter at breast height per acre -- ( alive or dead ) shagbark and shellbark hickory ( dead ) all other species listed above that have 10% or greater loose or peeling bark on the Un_mks and main limbs. The amount of loose or peeling bark is based on visual estimation. The number of potential roosts per acre. If a survey of the habitat within the project area finds that suitable summer habitat for the Indiana Bat, as defined above, is present then there are two options available. Option 1: Conduct a m~st net survey of the project area for Indiana Bats Survey period May 15 - August 31 Temperature above 50 degrees F at night No precipitation Wind - calm Light conditions (moonlight) at net site' No considerations ff nets are under closed forest canopy If the net is in an open site there should be cloud cover or less than 1/2 moon Mist nets stacked at least 4 m (13 feet) high Net set distance - 1 set per 1/2 mile of stream corridor or upland sites Nets set 3 nights from sunset to at least 0200 hours Nets to cover from ground or water surface to enclosing foliage or banks on sides Nets must be checked every 20 minutes No disturbance within 50 meters of the net sites Survey results should be submitted to the Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand, Des Moines, Iowa (Attention: Daryl Howell) for a prompt Determination. The IDNR will then provide a letter stating 'Effect 'or 'No Effect.' If Indiana bats are found during the survey then no removal of the trees will be allowed between May 1 and August 31. Option 2: Conduct tree clearing and cutting between September 1 and April 30 or remove all potential roost trees identified during the habitat survey between September 1 and April 30. 3 MITIGATION & ENHANCEMENT PLAN GREENSPACE OVERVIEW &GOALS OCTOBER 1998 At present the Upper Terrace is mostly in row crop agriculture, now being slowly replaced by subdivisions. This flat land is poorly drained and consequently as development moves south, the excess storm water runoff problem becomes cumulative. The Lower Terrace wetland complex now abandoned to farming have only recovered a few pioneered species and also receives low quality runoff from the Upper Terrace. Up until recently the solution for approaching development would have been to simply dig some large ditches to efficiently drain surface water and groundwater from the Upper Terrace to the Lower Terrace. However, Iowa City's Sensitive Areas Ordinance provides more rigorous encouragement to preserve and enhance many types of habitat. Therefore the South Sycamore Project proposes to treat the present situation as an opportunity to creatively utilize this "excess" water to increase the habitability of this future neighborhood for humans and many other species. The "natural" drainageways on the Upper Terrace will be modified into a linear park which will combine the functions of ~oodway/greenbelt/drainageway/stormwater wetlands/habitat corridor and trailway. Some of the advantage aspects includes: · Better groundwater recharge, more similar to natural conditions - important for wetlands below and less water to dispose of above. · Surface water treatment all along the way, no big pit to dredge out at the lower end. · Nature trail and recreational opportunities. · Improved habitat and esthetics. · Large diameter expensive piping not needed for disposal of suburban water. ~ · Opportunity to tie into trail and park system already underway nearby. ::~. · Design for Upper Terrace can be flexible with regard to width and location, taking il land most prone to flooding and future wet basements. R · The design will prevent anyone from living in a floodprone area within the project area. Flood management is detailed in Part III of this report. · Runoff from small storms can be upgraded in quality before reaching the Outlet Wetlands. Runoff from large storms will be upgraded in quality within the Outlet Wetlands. · The greenway will improve value of adjacent lots and can be utilized in marketing them. · The hydric soils of the Lower Terrace are already suited to harbor wetlands and only minor structural changes are needed. · The total hydraulic drop for surface runoffdown the corridor can be divided into a series of small stairsteps, none of which is prone to erosion, saving the cost of concrete and steel revetments which would be necessary for larger structures. · Although some natural wetlands breed mosquitoes, the proposed man-made ones will be configured to eliminate their breeding grounds. A portion of the Lower Terrace will be modified to become a constructed wetland which will further process stormwater received from the Upper Terrace and also serve as enhanced habitat and recreational uses. Most of this construction can be done in an area now occupied by an unneeded sewage lagoon, thus keeping disturbance of surrounding areas to a minimum. An overview of the mitigation and enhancement plan, integrating the Upper and Lower Terrace elements, is shown on Figure 6. Individual components of this system are discussed on the pages which follow: --' ~ "' '~ ' " "' '- . 2 .... L'.Z.- .. i .T.':_'~.~-:'77.'7'.."2~.2 -'2~.: ... '" ':".Z' :' :.::7 * ' ":" ........ 2' .: '7 '" .:. ,~' ......' .......... ~ .... '.' 7' ' ' ':" 2'-'. , _. ..... "' 2_5',L2 -"' ""'7 1 ............. !- ' .... '+': . .... .... ~ -. ............. ,. :., . , x. ,1,' ' ..... C? .... "' · · . .... ........................................ " .............. ..... [ .. . ....... ~ .......... ............. : ._ ......- .. :..-.,.:'. -=.. . - :'=--- '~'~""""r'~'~"~rr=""~iF ........ 2.Z:'ZT' "~'."'C-: · ..... -, .................. WETLAND/FLOODWAY CORRIDOR The greenspace plan calls for modifying the main drainageway on the Upper Terrace into a stair- stepped chain of constructed wetlands. Their locations are shown on Figure 6 and will include: ! 1. The greenspace Corridor will be at least 200 feet wide and approximately 3400 ! feet long. 2. The existing drainageway will be excavated up to 4 feet deep along its existing alignment to accommodate surface water flows from the uplands. 3. The existing channel will be considerably widened to accommodate the 100 year ~_~ StOrm . 4. A total of 23 low berms will be left from unexcavated soil to create a series of shallow stair step wetland depressions behind them. 5. An upper slope will be created within the corridor to accommodate the trail, to remain high and dry during all but extreme flood events. 6. The transition from wetland floor to upper slopes shall be at a 1:4 angle. 7. Figure 11 illustrates typical cross valley and longitudinal cross-sections. 8. Enhancement acreage by category is listed on Table II. The corridor will serve multiple purposes and its width will in part determine how well it accomplishes its various functions. The May 1996 storm event was a local extreme, estimated to be of 50 year magnitude. Flood debris from the event occupies an approximately 100 foot wide path down the corridor. The 100 yeas storm event will be more severe especially after much of the watershed is convened to suburbs. However, the widening of the corridor into a trapezoidal ~: ": cross-section (see Figure I 1) will allow it to confine this event within its perimeter. The corridor ~/.i hydrology deals with different sized storms in different ways. The height of the individual berms will trap a prism of storm water a maximum of 18 inches deep at the downflow end, thinning to [5. zero at the upstream end of each cell. Small, and ordinary storm runoff up to about an inch of 20Q' WlDE - Cd::EENSPACE ANDIDRAINAGE CORRIDOR F ................ '~'~" ~ .... ~ .... ;' .......................... t , 68o =============================== :. PROPOSED CRO~-SEC~ON __ O ~EENSPACE AND DRAINAGE CORRI~R TABLE II ENHANCED AREA ACRES In Corridor Acres Wetland cells (floodable) 11.7 Sediment basins (floodable) 2.2 Berms retaining cells & basins 1.8 Wet prairie, tree &shrub 31.5 ~ Mature Woodland 1.0 Outlet Wetlands [ Retaining berms (to base of berm) 5.9 ... Dug ponds 4.0 Wetland floor (excluding ponds) 28.5 [! ~ · Trail Route Trail surface (10' wide) 3.8 ' ' Grass edges (5' each side) 3.8 .,,.. ~ 94.2 t ~ Note: These acreages should not match those on Table I. For example, the footprint of the ~.: future Outlet Wetland berms represents a regulatory net loss of existing wetland area as defined for Table I, but these berms will be planted to native species and represent an ' enhancement on Table II. rainfall, will be entirely trapped within the cells if anticedent conditions were dry. In summer, with rains spaced a week or more apart, all this water will be lost to evapotranspiration and groundwater infiltration. During the other three seasons, some water is more likely to remain in the cells when the next storm arrives and overflow will be more continuous which would be hard on the berm vegetation at the overflow point. Therefore, a rock filled chute will be provided at the overflow area on each berm, see Figure 12 for design. During large but unfrequent storms the corridor will function as a safe conduit for floodwaters. The channel bottom is con figured narrow at the upstream end, becoming progressively wide downstream. This width is sized so that the 100 year storm event will produce water only 3 feet deep along the entire length of the corridor. The bernas are spaced head-to-tail (see corridor cross-section on Figure 6 and 11) so that when the berms are overflowing the water overtopping each berm flows into the trailwater of the next call below. This provides some additional erosion control. i In locations where a berm would coincide with a future road crossing, the berm has been omitted ' ' because its purpose would conflict with the culverts necessary for the roads. The wetland areas i., north of the road crossings will therefore be moist-soil wetlands, not subject to flooding with each ordinary rainfall event, but only during the larger storms. These will increase the diversity of i ' wetland types and might evolve into sedge meadows. The biological constraints are more diverse and a 200 foot wide corridor was selected as meeting r'~ many, but not all, common habitat requirements. For small creatures with small home ranges i. (moles, shrews, rabbits, muskrats, frogs, crayfish, etc.) the 200 wide, well vegetated corridor, will provide complete ecosystem requirements. For larger and wider ranging animals it will ~-, · provide a component of their habitat requirements. For example, red-shouldered hawks will hunt ~" the corridor but will not nest in a wooded buffer zone less than 300-400 feet wide (Chase, et al, ~ 1995). Plants also have minimum requirements. If the wetlands in the center are too narrow, the ~ trees on either side will shade them out as they mature. Collectively, these various constraints ~ ' indicate that a total width of about 200 feet is sufficient to ensure that most functions, including wildlife habitat, are reasonably well met. In general the corridor wetlands are designed to go dry repeatedly during the summer but will contain water much more regularly during spring and autumn because of higher water tables and less evapotranspiration. This will be ideal for shallow water migratory waterfowl following the Mississippi flyway. The depth utilization requirements for a few select species is shown on Figure :' 13 and illustrates the range of their requirements (Fredrickson and Taylor, 1982). The same i. authors also note the variety of habitat conditions in moist soil/shallow water enviroments and the diversity of vertebrates which utilize them (Figure 13). This hydroperiod will also favor the small frogs, like the leopard frog and pickeral frog, over the bullfrog. The bullfrog tadpole requires two years to mature and dominates in permanent ponds, where the adult eats the smaller frog species. FIGURE 12 OVERFLOW SPILLWAY FOR BERMS L · , The corridor will be comprised of two vegetation zones which serve two different purposes. The core zone will range from 15 to 100 feet wide and contain a series of gently sloping wetland cells .,. and their retaining berms. Most storm water will pass through this zone. The sideslopes, 50 feet or more wide on either side, will not be submerged most of the time, providing trail space and parkland. These slopes will only be submerged temporarily following heavy rainfall. ' ? The general steps necessary to obtain high quality vegetation in the wetland cells which are necessary for erosion control, wildlife and wetland protection include: · Scalp and dispose of reed canary grass sod from existing waterway. · Over excavate wetland cell floors 6" deep. · Replace 6" of clean topsoil in wetland cell floors. i .' · Temporary seeding of cell sides and floors for erosion control, unless completed in .'.' ': early spring. ~ . · . · Plant the permanent seed and rhizome mix the following spring, using the species ~ '% and rates discussed on subsequent pages. The steps to obtain high quality vegetation on the sideslopes and the wetland berms, which is 5 I beneficial to linear park development include: · Over excavate 6" on the sideslopes but not on the berms. · Replace 6" topsoil on sideslopes only. .! · Temporary seeding of sideslopes and berms for erosion control, unless completed in early spring. :::: .~ · Plant clumps of trees and shrubs on sideslopes the following spring as listed below:. · Plant prairie grass and forb mix on terraces and betins as listed below: · Plant lawn grass mix beside trail. This will be a standard turfgrass blend of Kentucky bluegrass and fescues intended for regular mowing alongside the trail. A 25 foot wide zone is shown on Figure 6 to accommodate both the trail and its mown edges. Each of the 20 shallow wetland cells along the floodway/greenbelt corridor shall be planted to a different mix of native species. Newly planted dormant roots, rhizones and tubers of emergent species are easily drowned if submerged too deep for too long after the growing season begins. All the emergents shall be planted at elevations between zero inches to 6 inches below the spillway elevations of each corridor wetland cell. Because of the gentle slopes involved, the unplanted deeper center remaining will only be about l 8-27% of the area of individual cells. Once clones and colonies begin spreading they will grow out into deeper water. If some species have already begun to green up or leaf out at planting time, they shall be planted at elevations so that at least one half of the green area (per plant) is above the zero inch spillway elevation. These emergents shall be planted at a rate of 1000 specimens per acre. Each emergent species shall be planted in irregular clumps of 20 to 50 specimens to create a natural appearing mosaic. Eighty percent of the planting shall be of the following emergent species, utilizing rhizones, rootstocks, sods and tubers: Emergent Species: Wild Iris (Iris versicolor) Sweet Flag (Acorns calamus) Needlerush (Eleocharis acicularis) 3 "x3" sods Pickeral Weed (Pontederia cordata) Mixed Sagittaria Species (Sagittaria spp) minimum 2 species (not Sagittaria rigida) Mixed Burreed Species (Sparganium spp) minimum 3 species Mixed Sedge Species (Carex spp) minimum 5 species Mixed Rush Species (Juncus spp) minimum 5 species Mixed Bulrush Species (Stirpus spp) minmum 3 species Mixed Spikerush Species (Eleocharis spp) minimum 2 species Mixed Mannagrass Species (Gyceria spp) minimum 2 species Arrow Atom (Peltandra virginlea) - rootstocks only Bluejoint Grass (Calamagrostis canadensis) Prairie Cord Grass (Spartina pectinata) Twenty percent of the planting shall be planted in the wet soil fringe around each cell, representing a hydraulic gradient from zero inches to 3 inches above the spillway water level. These wetland fringe species shall be planted as plugs, rhizomes or sod chunks: Fringe Plants Marsh Marigold (Caltha palustris) White Turtlehead (Chelone glabra) Queen of the Prairie (Filipendula rubra) Bottle Gentian (Gentiana andrewsii) Marsh Fern (Thelypteris palustris) Cardinal Flower (Lobella cardinalis) Marsh Milkweed (Asclepias incamata) Ironweed (Vemonia fasciculata) Great Blue Lobella (Lobella siphilitica) All planting stock and seeds (except the agricultural oats) shall be local ecotypes, defined as originating within 200 miles of Iowa City. This seed mix is slightly unconventional due to the greater potential for erosion along the floodway. The agricultural oats are non-persistent and will provide quick green up and erosion control, but only for the first year. The agricultural timothy xvill help with erosion control the second year and then fade in subsequent years, but may never vanish completely. Virginia wild rye, a native, helps serve a similar role. By the third year the natives should be in control. This mix was selected with assistance from Dr. Paul Christianson at Cornell College. The upper portions of the floodway/wetland corridor will flood only rarely, so the hydrologic conditions will grade upslope from wet in the flat floor to wet mesic on the side slopes, to mesic along the upper edges of the corridor. The overall planting plan for these side slope positions is a savanna type of mosaic, comprised of a grass and forb planting, broken by patches of trees and shrubs. The side slope areas, except the trail zone, will initially be planted to the grass/forb mix and the trees and shrubs planted within it. In subsequent decades the trees will begin shading out pan of the understory and some of the shrubs will sprawl clonally out into the grass. The distribution of these two subzones is illustrated on Figure 6. The tree/shrub clumps will be located along the outer edges of the corridor to minimize shading of the wetlands in the center. Their placement mostly "outside" the trail allows the trail to serve as their firestop and protect them from grass fires. The trees "inside" the trails will be dominated by bur oak, which after a decade or so old will be reasonably fireproof. The trees will also serve as a visual barrier between the neighborhoods on opposite sides of the corridor and help to reduce the appearance of crowding. The tree species to be planted in these clumps shall be: Swamp White Oak (S) Pin Oak (S) Shellbark Hickory (S) Sycamore (F) River Birch (F) Shingle Oak (S) Bur Oak (S) Green Ash (F) Hackberry (F) Bigtooth Aspen (or Quaking Aspen) (F) A total of 347 trees are recommended for the project. The clumps shall contain between 6-25 trees as shown on Figure 6. Planting stock shall be 1" caliper or larger and sourced from within 200 miles of Iowa City. Each clump shall be a mix of approximately ¼ slow growing species (5) and V, fast growing species (S). The species mix in each clump shall be different from the other clumps. Native tree species not recommended for the clumps include cottonwood, silver maple, box elder, willows and red mulberry, because they will move in rapidly on their own and become Northern Arrowwood (S) Buttonbush (S) Pagoda Dogwood (S) Wild Plum (T) Hazelnut (S) Hawthorn (S) A total of 1041 shrubs are recommended for inclusion in the tree corridor clumps throughout the project. These are individually too small to illustrate on Figure 6. Planting stock shall be one gallon pots or larger. Elderberry is a highly desirable native shrub species but is not recommended for planting because it is already abundant locally and birds will plant it where it is needed. As soon as the other trees and shrubs are planted, birds will perch on them and deliver elderberry seed beneath them. Being very fast growing, within a few years the elderberry bushes will be taller than most of the planted shrubs and in some cases will need removal if in close proximity and outcompeting them. In an open setting like the corridor, where sunshine can enter the tree/shrub clumps from many angles, most of the shrubs will obtain adequate sunshine to flourish even when the trees mature. Details of how these trees and shrubs meet Corps design requirements are provided later in this report, under the New Woodlands heading. If particular species are in short supply, a 20% substiution of other species on the list above, or of other natives serving similar functions, is acceptable. Hawthorns are a complex of species still not well defined taxonomically. Depending uppon your authority, the midwestern group might contain as many as 15 species or as few as 4 species. However, they are all very similar in size and useful functions, so any native stock is acceptable regardless of which species name is in vogue. All shrub stock shall be local ecotypes sourced within 200 miles of Iowa City. Both the trees and shrubs shall be mulched with wood chips as per usual Parks and Recreation practice and watered as needed. If survival of corridor trees and shrubs is greater than 80% (tallyed separately, not collectively), then these plantings shall be rated successful and dead specimens simply replaced. If mortality exceeds 20% for either trees or shrubs, then the contingency plan will require a detailed assessment of causes of mortality by the Parks and Recreation/Nursery/MMS team and a determination of how to successfully replant the failures. The prairie/forb planting of the corridor sideslopes serves the purpose of erosion control, habitat and visual open space. Its wet-mesic hydrology defines the native species best adapted. Due to the large areas involved this is best planted from seed. However, prairie species are slow to establish from seed, commonly requiring at least 3 years to produce a dense vegetative cover. Therefore the seed mix which follows includes agricultural oats (nonpersistent) timothy (slightly persistent and Canadian wild D'e because they gro~v rapidly providing erosion control and then fade over a few years as the other species dominate. Native foxtail grasses and assorted other ~veeds can be expected to do the same, without intentionally planting them. The seed mix shall contain: Grasses Andropogon gerardi (Blue Bluestem) I lb/acre Spartina pectinata (Prairie Cordgrass) 2 lb/acre Elymus candensis (Canadian Wild Rye) 6 lb/acre Panicum Virgatum (Switchgrass) 4 oz/acre Sorgastrum nutans (Indiangrass) I lb/acre Agricultural Oats 1 bushel/acre Agricultural Timothy 1 lb/acre Forbs Aster novae-angliae (New England Aster) 1/2 oz./acre Aster pilosus (Frost Aster) 1 oz/acre Baptisia leucantha (Wild White Indigo) 1 oz/acre Chelone glabra (Turtlehead) 1 oz/acre Desmodium canadense (Tick Clover) 3 oz/acre Eupatorium maculatum (Joe Pye Weed) 2 oz/acre Eryngium yuccifolium (Rattlesnake Master) 1 oz/acre Gaura biennis (Biennial Gaura) ½ oz/acre Helianthus grosseratus (Saw Toothed Sunflower) I/2 oz/acre Heliopsis helianthoides (Ox Eye Sunflo~ver) % oz/acre Liatrus spicata (Marsh Blazingstem) 3 oz/acre Monarda fistulosa (Bergamot) ½ oz/acre Oenothera biennis (Common Evening Primrose) 2oz/acre Parthenium integrifolium (Wild Quinine) V2 oz/acre Ratibida pinnata (Yellow Coneflower) 3 oz/acre Rubdeckia hirta (Black Eyed Susan) 3 oz/acre Rubdeckia subtomentosa (Sweet Black Eyed Susan) ~A oz/acre Silphium integrifolium (Rosinweed) % oz/acre Silphium perfoliatum (Cup Plant) % oz/acre Solidago graminifolia (Grassleaf Goldenrod) ½ oz/acre Solidago rigida (Stiff Goldenrod) 2 oz/acre Tradescantia ohiensis (Spiderwort) V2 oz/acre Verbena hasrata (Blue Vervain) 1 oz/acre Veronica fasiculata (Ironweed) 1 oz/acre Veronicastnnn virginicum (Culver's Root) 0.1 oz/acre The prairie/forb seed mix shall be planted in spring, up until June 15. If broadcast seeded, the seed shall be bulked up with 3 or more parts coarse sawdust or damp sand to aid uniform distribution. Compacted soils shall be tilled prior to broadcasting and the seed very lightly and shallowly harrowed or dragged after broadcasting and the soil then rolled to improve seed/soil contact. If drilled, the planted pattern shall be on an "X" grid to help elimate a simple row pattern in the plants. Survival will be rated at the end of the second growing season. An average survival rate of one grass plant and one forb plant per square foot shall be rated a success. A lesser average shall initiate the contigency team of City/Contractor/MMS to evaluate the problem. In summary, the existing agricultural drainageway on the Upper Terrace will be completely reconstructed into a linear ~oodway/greenway/habitat/stormwater treatment/wetland]trail corridor. It will be planted to appropriate native wetland, prairie and tree species. OUTLET WETLANDS Storm~vater from the drainageway on the Upper Terrace discharges onto the Lower Terrace. At present this water is of degraded quality from agricultural and suburban sources. The chain of constructed wetlands detailed on the preceding pages will temporarily capture and upgrade the c smaller storm flows. In addition, an Outlet Wetland complex will be constructed where the (: drainageway empties onto the Lower Terrace. Its location and general design is shown on Figure 6. Most of the construction area has been selected to be the area now occupied by the sewage lagoons sewing Kountry Lane apartments, plus some prior convened farmland. This sewer line will be rerouted to tap into a City sewer main and the lagoon berms will be dismantled. The din from the lagoon berms will be reused to build the new low berms of the Outlet Wetlands, which ~' ' are illustrated on Figure 6, and will have the following features: · Three sets of overflow berms, 30 inches high, to temporarily capture stormwater. i. ~ · Eighteen inches of this water will be retained behind each berm until it is consumed by groundwater recharge plus evapotranpiration. · The three overflow outlets in each berm will be at the same level so they all overflow at the same time. The 30" and 18" berm heights are average values and I will be adjusted locally to topographic irregularities. · Five ponds, six feet deep in center will be dug. Because of the usually high water { i table, these ponds will retain some water year-round. Populations of native · ·' fathead minnows will be stocked and will live there permanently, serving an { important role in mosquito control. During high water seasons the minnows can !. spread out into the surrounding wetland vegetation between the benns. These ponds will also provide deep water/open water habitat for other species. · The 2-5 year storm runoff event can be completely retained below the 18 inch overflow level. If full to the top of the 30 inch berms it could temporarily retain A the 20-25 year storm runoff event. These numbers conservatively ignore the runoff which will be also retained in the floodway corridor. · The emergency spillways for the berms will be of design similar to those utilized along the floodway corridor and illustrated on Figure 12. · Temporary seeding of betins will be done for erosion control unless construction is completed in early spring. Three planting zones are present in the Outlet Wetlands; each requiring a different native vegetation complex: · The berms will be planted to a wet-mesic prairie seed mix. · The deepened ponds will be sparsely planted to help maintain some open water habitat. · The wetland floor areas left as bare soil by the construction of the berms and removal of the sewage lagoons will be planted. In those few areas with vegetation ' remaining after construction, the species will be dominated by reed canary grass, ~ which shall be killed with "Rodeo" or another brand of glyphosate herbicide, before planting. · -~[f~' · Ditches outside the Outlet Wetlands within the project area shall be filled. · The area noah and east of the Outlet Wetland construction is well along on its way ' ~ to recovery from agriculture. It contains a diverse mix of pioneer species, including green sedge, and will not be disturbed. The lower sides of the berms within the Outlet Wetlands, within 15 inches of the floors of the cells shall be planted to the same "fringe" seed mix as utilitized around the edges of the wetland cells in the corridor. The same planting rates and contract conditions shall apply. The upper 15 inches of these berms shall be planted to the same wet-mesic prairie seed mix as recommended for the sideslopes of the corridor, utilizing the same rates and contact conditions. The floor of the Outlet Wetlands, excluding the five dugout ponds, shall be planted to the same · ' mix of emergent roots and rhizomes as recommended for the floors of the wetland cells within the corridor, utilizing the same planting rates (1000 per acre) and contract conditions. However, the area planted to emergents on the floor will be different than that in the Corridor cells because i most of the floor can remain inundated with 18 inches of water after a large storm, potentially fatal for new dormant planrings. Therefore, o'nly the outer shallow edges of the floor area will be '; planted to emergents, which will occupy 20% of the floor area, leaving 80% to fill in as they spread. The dug ponds shall be planted to white water lily tubers at a rate of 50 tubers per pond grouped in clumps of 3-5 per clump. These clumps shall be planted in 1-3 feet of standing water and the tubers firmly anchored in the bottom mud via long wire staples or within sod slabs, or in mesh bags filled with soil. '2~ accommodated. This creates a funnel shaped parcel, wide at the upslope noah end and narrowing into the greenspace/floodway corridor at the south end. Some shallow wetlands will be constructed through the center of this area to direct water into the corridor and those details were already provided in the Wetland/Floodway portion of Part II. This section concentrates on the New Woodland landscape which will enclose these wetlands. Some cropland (Figure 5) is also included in this area, to be enhanced by conversion to wetlands and woodlands. As noted in the Ecosystem Inventory (Pan I) much of this area is presently dominated by a dense stand of spindly silver maple with little habitat value. The first step in its conversion to a quality woodland will be to remove most of these doomed saplings, preserving only the best 25 specimens in open clumps. These will be selected by the City Forester as having the best chances of sur~,ival and quality growth, and located outside the area needed for trail and wetland construction. The other trees will be cut off flush with the ground and chipped. The chips will be stockpiled for use on the trail surface and mulch. Excluding the wetland areas, a total of 8.97 acres will be replanted. -, The new trees will be planted in open irregular clumps as illustrated on Figure 6. The clumps will be mixed species to minimize root-level competition and slow the spread of disease within the clump. Over the long term it will also help assure that even if disease sweeps away one species, , ~ from the planting, that each clump will have other species to fill in the gap. Fast growing species like sycamore and river birch are included because they are early successional species and their loose flaps of bark provide summer homes for bats. This mix also includes mast producing :-' species (oaks and hickory) which produce high protein, high fat food for wildlife. These are slow .~ growing and long lived, often requiring 15-20 years before beginning serious nut production. · ! The tree and shrub space species shall be the same as specified for the edges of the corridor, for .. they will be growing in soils with the same wet-mesic hydrology. i: The open spaces between the tree clumps leave room for healthy future tree growth, including i,.~ canopy spread and root extension. However, it takes decades to fill in these canopy gaps. In this project, these gaps will be temporarily filled with shrubs selected to grow rapidly and provide a ! i low canopy, berries and seeds, especially beneficial to songbirds. As with the tree clumps, the ~ . shrub clumps will be mixed species plantings, and for the same reasons. The tree/shrub ratio will be 1/3, as along the corridor. -~ Elderberry is also a desirable species but not included on the above planting list because it is · . already well established in the adjacent mature tree area immediately west and will be rapidly spread into the New Woodland by birds. Beyond their habitat value, the shrubs provide additional benefits. When first constructed, the new woodlands and wetlands will appear to be a rather barren landscape to neighbors to the , north, who are now used to the dense thicket of trees forming their southern border. The shrubs i l will grow quickly and help recreate this visual buffer, some extending above eye height in 3-4 years. Some canopy competition from shrubs is desirable for trees in their earlier years because it forces them to develop straight central leaders which later grow into straight trunks with fewer and stronger side crotches. Eventually the trees will overtop the shrubs and then gradually shade them out as the canopy begins to close. Over a 40 year period this New Woodland planting will begin as a berry- and seed-producing shrubland and gradually shift to become a nut-producing woodland. This is a natural successional process and the shrubs are moderately tolerant of partial shade. The trees will be purchased as 1" caliper (or larger) B & B nursery stock or transplanted in from other City property. The shrubs grow fast enough that either large barefoot stock or povted specimens can be utilized. The supplier shall be sufficiently familiar with local ecotypes, native to within 150 miles of Iowa City, that these can be supplied. Each tree and shrub shall be planted with a shallow ring of coarse mulch to conserve water and prevent frost heave and if necessary : shall be watered the first summer. The trees shall have spiral bark guards at least 2 feet tall to ~ ~ prevent damage from mice, voles and rabbits. The ground between the mulch rings shall be mowed at least twice each year for the first 3 years to suppress competition from ragweed, nettles and other tall weedy competition which will thrive when this area is opened up to sunshine. For years 4 and 5, mowing can be reduced to once in midsummer. : If survival at the end of the first growing season is 85% or better for all species combined, the ,.. planting shall be rated a success and the dead specimens simply replaced as per standard nursery contracts. If less than 85% survive, this will call into effect the contingency plan, which requires a !.~ team effort to determine causes of failure and plan a replanting which will have an 85% or better i ~, success rate. The team shall include a representative from the nursery, the City Parks & Recreation Department and the MMS design team. If a particular species is found to be [ ~ unsuitable it will be omitted from the i'eplanting list. Limited species substitution is permissible on the planting contracts if necessary. For the trees, if ~ ~ one or two species are not available, the contractor can substitute equal numbers of other species ~ on the list. The same option is available for shrubs, but trees and shrubs are not interchangeable. It should be noted that the common Corps of Engineers tree density requirement for 1" caliper ~ stock is 100 per acre, which if planted uniformly would be on a 21 'x21' grid spacing. However, ; these species when mature can easily occupy a 50 foot diameter circle which if offset grid spaced, ! for nearly complete canopy coverage, would require 25 trees. Thus in the interval between 5 and "' 50 years after planting, 3/4 of the trees could perish and the well spaced survivors could still · ' nearly attain complete canopy coverage, given the propensity for branches to elongate into :i,; unoccupied canopy space. This is substantially overdesigned from an engineering perspective, given that it will be actively maintained by the City Parks and Recreation Department. In order to avoid this overplanting and overcrowding of quality tree stock we recommend a less dense , planting of well-cared for trees intersparsed with a denser planting of shrubs. At a tree: shrub ratio of 1:3 there can be approximately 100 plants per acre, which will provide a natural l succession over time from a shrub dominated landscape to a tree dominated landscape, plus the ' habitat benefits already discussed. For this project we recommend a total of 347 trees and 1041 shrubs clustered in groups with a 1:3 ratio. The individual trees only are illustrated on Figure 6. In sugary, this New Woodland will be created and planted from row-crop land and former row crop land which presently has little environmental/habitat value. This will constitute a substantial enhancement in quality. Mitigation and enhancement will require removal of large numbers of poor quality overcrowded silver maple saplings, to be replaced with a quality tree and shrub planting. THE TRAIL SYSTEM One of the greatest difficulties with building a quality trail system in already established neighborhoods is that its continuity is broken in many places by existing development, and acquiring already developed land is complex and expensive. The South Sycamore project offers the opportunity to create a nearly continuous trail system on undeveloped land, in advance of suburban road and home construction. The planned wetland/floodway corridor already creates a linear strip across the landscape, which with minor modifications can also accommodate a trail system. Existing and future destinations, which this trail system should accommodate include: 1. Existing suburbs north of the project area. 2. Future suburbs west and northeast of the project area. 3. The new city soccer fields southwest of the project area. 4. The outlet wetlands of this project. 5. The outlet wetlands complex of the Saddlebrook Development to the east of the South Sycamore project. The trail layout is illustrated on Figures 6 and 11. Within the greenspace corridor, the trail is placed near the outer edges of the right-of-way for 4 reasons: 1, It keeps the trail on higher and dryer ground to minimize closure during floods and reduce damage during wet soil conditions. 2. It will serve as a firebreak in the event of accidental bums, arson or prescription bums in the greenspace vegetation. 3. It will prevent future neighbors from extending their yards by mowing into the greenspace. 4. It places the trail away from areas which will be undermined by turmeling wetland muskrats, On the edge of the Lower Terrace, trail location takes advantage of an existing sewer main right- of*way. The cross section position of the trail in the greenspace corridor is shown on Figure 11. The trail route shown on Figure 6 assumes a trail surface 10 feet wide, with mown grass extending 5 feet wide on either side. Where the future arterial road passes east-west across the south end of the project area, both the trail and waterway will go under a bridge, with the trail elevated to only flood during the larger storm events. At future secondary road crossings, trail users will need to cross the road, see Figure 6. Initially, much of the trail system will pass ttu:ough an unir~abited landscape, so early usage rates will be relatively low. The trail will initially be constructed of packed ~voodchips with a geofabric liner where necessary on wet soils. As suburban development proceeds and use increases to where the woodchip surface proves inadequate, then the trail will be paved with asphalt, perhaps 5-8 years hence. AREA WITH NO CHANGE The land use status of the wetland area south and east of the Outlet Wetland will not be changed during the course of the project (30.7 acres). This land is privately owned and has been in row crop agriculture for decades. The plan is for it to remain in agriculture until suburban development is well along in the south end of the project area. --, This is outside present City limits and development is not expected to be needed here for at least a decade, so this conversion is outside the scope of this project. The city has already declared that no development shall take place in this wetland area and since it falls within the 2 mile "fringe area" agreement with Johnson County, it is an enforceable commitment. This 30.7 acres is about one half of that listed as "unchanged" on Table I. POST CONSTRUCTION MONITORING A 5-year monitoring plan will be implemented and the clock starts ticking when the major plantings are completed. The Outlet Wetlands will be constructed separately, a year later than the Corridor so they will have separate timetables - see Table III for details. Monitoring reports will be provided to the Corps of Engineers by August 31 of each year of the monitoring period. In general, the reports for the first 2 or 3 years will concentrate on providing detail about plant survival and growth, corrective measures undertaken, species diversity as it develops, etc. For the last few years of the reporting period, stability should begin to appear and the emphasis of the reports will shift to functioning of the entire watershed, how fast the sediment traps are filling up and fine-tuning recommendations for long term maintenance and management. Monitoring will be conducted by a person or team with sufficient local experience to be able to integrate field observations of soil, water, flora and faunal. Lon Drake has served this role on other recent City projects and a sample of his monitoring of a small planting at Whispering Meadows Wetland Park is attached as Appendix II. TABLE lII SCHEDULE FOR CONSTRUCTION, MAINTENANCE & MONITORING 1998 Land appraisal Obtain 404 permit Land acquisition Open Frantz/Niffinegger temporary drainageway into Corridor. Remove bat trees between November 1 and April 30. 1999 Excavation of Corridor & construction of wetland cells, sediment traps & road berms, starting with lower end sediment trap. Reroute Kountry Lane sewer from Outlet Wetlands. 2000 Plant Corridor wetlands, prairie & trees in spring. COE 5-year monitoring clock starts ticking on Corridor. Construct Outlet Wetlands. Build Corridor trail. 2001 Plant Outlet Wetlands in spring. COE 5-year monitoring clock starts ticking on Outlet Wetlands. Build bottomland trails. Start burning Corridor. Replacement plantings in Corridor as needed. 2002 & Future Buming or mowing Replacement plantings in Corridor & Outlet Wetlands as needed. Clean sediment traps as needed. Convert sediment traps to wetlands when stable. Trail repair and/or upgrade. Education brochures. Litter cleanup. Submit COE monitoring reports by August 31 each year. Build trail/wetland information kiosks when usage warrants. --49- F, xNlerr PAGE and ',D-RM, Interim Deve!opmont ,Multi-FcmiJy F, esidcntioJ: A tract of land in the East Half of the Southeast Quarter of Section 26 and the t~orthwest Quarter of the Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the East Qua~er Corner of Section 26; thence N 88'50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence S 38 ' 18'20" W, 26.90 feet along said west line; thence S 9' 25'49" W, 276.74 feet along said west line; thence S 25'23'09" W, 607.16 feet along said west line to the north line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence S 89'00'21" W, 290.14 feet along the north line of said property; thence S O' 59'39" E, 584.99 feet to a point on the south line of said property and the west line of the above mentioned easement; thence S 25'23'09" W, 1380,95 feet along the west line of said easement to e point on the south line of Section 26; thence S 89'09'38" W, 550.00 .feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; :hence N O' 10'51" W, 2004.84 feet along the west line of said East Half; thence N 89°21'53' E, BCO.O0 feet; thence N 0'10'51" W, 660.02 feet to a point on the north line of said East Half; thence N 0'10'51" W, 16.50 feet; thence N 89°21'53" E, 208.79 feet parallel to the north line of said East Half to the. northwest corner o~ ~['.,~ property described in Book 992, Page 820, of the Johnson County Recorder's records; thence S 0'38'16" E, 296.24 feat to the southwest corner of said property; thence N ~9'21'53" E, 170.00 feet to the southeast corner of said property; thence N 0'38'16" W, 296.24 feet to the northeast corner of said property; thence N 89'21'53" E, 2~1.28 feet parallel to and 16.50' north of the north line of said East Half; thence S 0'08'49" E, 16.50 feet to the Point of Beginning. Said tract contains 59.589 Acres, more or less.