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HomeMy WebLinkAbout2001-10-08 Resolution Prepared by: Doug Boothmy, HIS, 410 E, Washington St,, Iowa City, IA 52240, (319)356-5120 RESOLUTION NO. 01-314 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE-FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 23RD day of October, 2001, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the office of the City Clerk for public inspection by October 12, 2001. Passed and approved this 8th day of October ,2001 It was moved by Champ1 on and seconded by 0'Donne] '1 the Resolution be adopted, and upon reil call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman × O'Donnell × Pfab X Vanderhoef X Wilburn hisadm/res/affdreamdoc Prepared by: Kumi Mords, Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 01-315 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 23~d day of October, 2001, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 8th day of 0cto e~' ,20 Approved by ATTEST:C21~-2,E,F~K-) ,,'F- "X/~x.4j City X./l~g~y,s Office pweng\masters~pwadmbldg-setph.doc Resolution No. 01-315 Page 2 It was moved by Champi on 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 Wiibum Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 01-316 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS PROJECT [STP-U-3715(14)-70-52] WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 6 Pedestrian Bridge Overpass, as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, Inc. of Washington, Iowa, dated March 21, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of 0ctobeP ,20 Approved by 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 Wilbum (319) 354-3040 (800) 798-3040 SHIVE' HATTERY FA×: (319) 3,4-692 http://www. shive-hattery. com ' 5hive-Hattery, Inc. 2834 NorthSate Drive Iowa City, IA October 2, 2001 52245-9568 City of Iowa City ATTN: Mr. Rick Fosse 410 East Washington Street Iowa City, Iowa 52240 RE: Pedestrian Bridge over Highway 6 and CRANDIC Railroad STP-U-3715(14)--70-52 Dear Mr. Fosse: On May 23, 2001, a Statement of Completion and Final Acceptance of Work was processed for the above referenced project. Subsequent to this meeting the remaining items for this project have been completed. The contractor is in agreement with the final quantities and has signed all appropriate forms. The IDOT is the process of completing the project file review and materials audit. We therefore recommend the acceptance of this project. It has been a pleasure working with you on this complex project. You and your staff have provided excellent support and we are looking forward to working with you in the future. Respectfully submitted, SHIVE-HATTERY, iNC. Douglas J. Bottorff, E.I. DJB/mas Copy: Doug Heeren, IDOT Hugh Ban'y, Jr., UI D&C Services Dick Sojka, IBC Phil Larson, S-H 197232-1 Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 01-317 RESOLUTION ACCEPTING THE WORK FOR THE NORTH AIRPORT DEVELOPMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the North Airport Development Project, as included in a contract between the City of Iowa City and Streb Construction Co., Inc. of Iowa City, dated October 4, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 81:h day of 0cl:0ber ,20 01 Approved by ATTEST: ~ Cit ice It was moved by Champ1 on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X . Champion X Kanner ]( Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ENGINEER'S REPORT September 26, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: North Airport Development Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the North Airport Development Project has been completed by Streb Construction Co. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc. of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,268,079.45. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric~e, P.E. City Engineer Prepared by: Kumi Mords, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 01-318 RESOLUTION ACCEPTING THE WORK FOR THE PUBLIC WORKS COMPLEX ADMINISTRATION BUILDING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Public Works Complex Administration Building, as included in a contract between the City of Iowa City and Apex Construction Company of Iowa City, iowa, dated October 2, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of 0ctobe~' ,20 0:]. Approved by City Attorney's Office It was moved by Chaml~ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~res~Nadmbldg.doc ENGINEER'S REPORT October 2, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: City of Iowa City Public Works Complex Administration Building Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the City of Iowa City Public Works Complex Administration Building has been completed by Apex Construction Company of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the Engineering Division of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $753,944.53 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ricr/'~dFos//~rse'seZ~,,P. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY. IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 3e(5) Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-319 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES - PART ONE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Stone Bridge Estates - Part One, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Stone Bridge Estates - Part One, as constructed by Streb Construction Co., 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 THE CITY 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 8th day of 0ctobe~' ,2001. Approved by City Attorney's Office It was moved by Charnil'ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/sco~tblvd.dcc ENGINEER'S REPORT September 28, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Stone Bridge Estates - Part One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Stone Bridge Estates - Part One 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 sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by:Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 01-320 RESOLUTION ACCEPTING THE WORK FOR THE IOWA AVENUE STREETSCAPE PHASE II PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa Avenue Streetscape Phase II Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, dated January 8, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of October . , 20 01 Approved by It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA I N: X Champion X Kanner × Lehman X O'Donnell X Mab Vanderhoef X X Wilburn Citl/of ENGINEER'S REPORT October 1, 2001 Honorable Mayor and City Council Iowa City, Iowa RE: Iowa Avenue Streetscape Phase II Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa Avenue Streetscape Phase II Project has been completed in substantial accordance with the plans and specifications prepared by Brain Clark and Associates and Shive-Hattery. The final construction cost is $2,445,503.35. The University of lowa contributed $1,100,000 to this phase of Iowa Avenue. I recommend that the above referenced improvements be accepted by the City of Iowa City. ~?~.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA S2240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Robert Miklo, PCD, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISION OF LOT 236, WASHINGTON PARK ADDITION PART 11 AND AUDITOP,'S PARCEL 200'1023, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Arbor Hill L.LC., filed with the City Clerk the final plat of A Resubdivision of Lot 236, Washington Park Addition Part 11 and Auditors Parcel 2001023, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: I certify that during the month of August, at the direction of Washington Park Partners, a survey was made under my supervision of Lot 236, of Washington Park Addition, Part 11, in accordance with the plat thereof recorded in plat book 41, at page 316, and Auditors Parcel 2001023, in accordance with the Plat thereof recorded in plat book 42, at page 278, all of the records of the Johnson County Recorders office, Iowa City, Johnson County, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the Gity of iowa Gity, Iowa, are hereby authorized and directed, upon approval by the Gity Attorney, to execute all legal documents relating to said subdivision, including any easement releases, if necessary, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Glerk shall record the legal documents and the plat at the office of the County Recorder of Johnson Oounty, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,20__ AI'I'EST: MAYOR A: Aytoted y's '~ CITY CLERK 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 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB01-00011 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SALTZMAN SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Saltzman Enterpdzes, LTD., filed with the City Clerk the preliminary and final plat of Saltzman Subdivision, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N90°00'00"E, 33.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 6 (ALSO KNOWN AS SOUTH RIVERSIDE DRIVE) AND THE POINT OF BEGINNING; THENCE N02°33'00"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 150.06 FEET; THENCE N90°00'00"E, ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 2, STURGIS CORNER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 12 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND ALONG SAID NORTH LINE, 450.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY BANK OF THE IOWA RIVER; THENCE SOUTHEASTERLY, ALONG THE EASTERLY LINE OF SAID LOT 2 AND ALONG SAID WESTERLY BANK TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1 OF SAID STURGIS CORNER ADDITION; THENCE N90o00'00"W, ALONG SAID EASTERLY EXTENDED LINE AND THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 528.00 FEET MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID US HIGHWAY NO. 6; THENCE N00o0'51'15"E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 100.00 FEET, THENCE S89o48'08"W, 17.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.80 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. Page 2 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,2q__ MAYOR Approved by CITY CLERK C~ Att 'ty orney'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 0CT-05-2001 12:48 LEFF HAUPERT TRAW WILLMAN 31~ 3~o b~z r.~, ~ .~w,~. 0otober 5, 2001 ,,. COpy (35~-5009) ,,'~ ~ ~, Robert Miklo P~ING ~ D~O~ * ~; CI~ OF I0~ CI~ '~ ....r 410 USt Washington Street ,-; ,: a~'F;CE I~a City, Iowa 52240 Re: 8al~mn Subdivision ~ Bob: On ~lf oi Saltz~ Eu~e~rises, Ltd., I respectfully fewest a def~ral of r~iew of the ~ove-referenced s~division ~til Nov~er 13, 2001, to allow the developer ~d co~sel to co~lete ~d s~it all legal doc~utation necessa~ for s~ission oE the suMivision for apDro~l. S~cerely, MCD: j o cc: Mitchell T. Behr ~a Zu AlU A~ Saltz~n TOTAL P,02 Form 653,C Page 2 - I - CITY nUDGET AHENDHENT AND CERTIFICATION RESOLUTION I 10-08-01 TO ~t~ AuditOr of Johnson County, ~owa: The Council ol~ the City o[ Iowa City, In Said County met on October 8, 2001, a~: the p~ce and hour Set In the A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002 (AS REVENUES e~ OTHER FINANCING EOURCES Taxes Levied on Property I 271920,360 (10) 27,920,350 -, Net Current propere/Taxes 3 27~920~360 (10) 27,920,350 Other CIty Taxes 6 1,254,229 1,254,229 Use of Honey e~ Property 8 3.682,232 6,781 3,689,013 Charies for Services IO 33,632,669 3,762 33,636,431 OCher FInancini~ SourCes: 13 133,897,522 53,608,769 187,5061291 Total Revenues ~ Other Sources 14 225,957,630 57,408,004 283.365,634 CommunftyProtectjon IS 15,121,385 1.471.180 16,592,565 (health, libran/, recrea,on, etc.) HOme ~ COmmunity Environment 17 98,270,290 30.220,322 128,490.612 Policy ~ AdmlnisalUon 18 6,036,020 622,584 6,658,604 DebtSerdce 20 23.020,776 0 231020,776 Cailltalpro/ects 21 65,719,662 31,O67,433 96,787,095 Transfers Out 23 89,822,092 27,999,507 117~821,599 (Under) Expendimres/T~ns~ersOut 25 (13,385,808) (3,694,295) (17,080,103) City of Iowa City MEMORANDUM Date: October 4, 2001 To: City Council ~r'~,/~ From: David Schoon, Economic Development Coordinator Re: Agreement for Private Redevelopment by and Between the City of Iowa City and Seabury & Smith, Inc. and Southgate Development Company, Inc. On July 13, 2001, the City Council adopted a resolution approving a ten-year declining percentage tax increment financing property tax rebate to assist Seabury & Smith with a new facility in Iowa City. The resolution also authorized staff to negotiate an agreement for such. On your agenda is a resolution approving the "Agreement for Private Redevelopment by and Between the City of Iowa City and Seabury & Smith, Inc. and Southgate Development Company, Inc." Southgate Development Company is part of the agreement as Southgate will own the property and lease it to Seabury & Smith. The agreement before you is very similar in format and content to the agreement the City Council approved for the tax increment financing property tax rebate for the Sycamore Mall project, except of course for the particulars that pertain specifically to the Seabury & Smith project and company. Cc: Mark Cory, Ahlers Law Firm Scott Fisher, Seabury & Smith Harry Wolf, Southgate Development Joe Raso, ICAD U:\FILES\Prspct\Seabup/& Smith\Seabury Council Memo 10-08.doc October 8 ,2001 The City Council of Iowa City, Iowa, met in requl ar session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present the Mayor Lehman , in the chair, and the following named Council Members: Champion~ Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilhurn Absent: None -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposal to approve and authorize execution of an Agreement for Private Redevelopment by and between the City of Iowa City and Seabury & Smith, Inc. and Southgate Development Company, Inc., and that notice of the proposed action by the Council to enter into said Agreement had been published pursuant to the provisions of Sections 364.6 and 362.3 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed action. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member 0' Oonnel 1 introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC.", and moved: that the Resolution be adopted. // to ADJOURN and defer action on the Resolution and the proposal to the meeting to be held at o'clock __.M. on the day of _, 2001, at this place. Council Member Vanderh0ef seconded the motion. The roll was called and the vote was, AYES: kehman~ O'Donnell, Vanderhoef~ Wilburn~ Champion NAYS: Pfab, Kannor Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. al-~?l RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC. -3- WHEREAS, by Resolution No.99-111 approved and adopted on April 6, 1999, the City Council has approved and adopted an urban renewal plan for the Project Area designated as the "Northgate Corporate Park Urban Renewal Plan," as amended (the "Urban Renewal Plan"); and WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Seabury & Smith, Inc. and Southgate Development Company, Inc. (the "Developer"), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Northgate Corporate Park Urban Renewal Project Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the Agreement as the "Development Property"),consisting of the construction of a new office building of at least 46,000 square feet, together with related site preparation, utilities, landscaping and signage, as outlined in the proposed Development Agreement; and WHEREAS, the Agreement further proposes that the City make economic development grants up to an aggregate total amount not to exceed $781,200, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") and authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code taking into account the factors set forth in Chapter 15A, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. -4- b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds." ; 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 loans and grants 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 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 Mayor Pro Tem and the City Clerk and -5- the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 8th day of October ,2001. Mayor ATTEST: ~ler~ -6- CIG-3 .CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 10th day of October ,2001. City'Clerk, Iowa City, Iowa SEAL DLILLEBO\293983~I\I0714.067 -7- AOREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND SEABURY & SMITH, INC. SOUTHGATE DEVELOPMENT COMPANY, 1NC. -1- AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the day of ,2001, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2001, as amended (hereinafter called "Urban Renewal Act"), SEABURY & SMITH, INC., a Delaware corporation having an office for the transaction of business at 2615 Northgate Drive, Iowa City, Iowa ("Seabu~") and SOUTHGATE DEVELOPMENT COMPANY, INC. (the "Developer"). WlTNESSETH: WHEREAS, in fitrtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of an economic development area ia the City and, ia this connection, is engaged in carrying out urban renewal project activities in an area known as the Northgate Corporate Park Urban Renewal Area, which area is described ia the Urban Renewal Plan approved for such area by Resolution No. 99-111 adopted April 6, 1999; 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 acquire 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 acquire the Development Property and cause an office building to be constructed on the Development Property in accordance with this Agreement; and WHEREAS, Seabury will lease the Development Property and Mia/mum Improvements from the Developer and operate an office building at that location during the term of this Agreement; and -2- WHEREAS, the City believes that the development 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 Chapters 403, 15A and other applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, m 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 fi:om the context: Agreement means this Agreement and all appendices hereto, as the same may be fi:om time to time modified, amended or supplemented. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2001, as amended. Commencement Date means the date of the issuance by the City of an occupancy permit for the Minimum Improvements. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; 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 Southgate Development Company, Inc., an Iowa corporation, and its successors and assigns. -3- Development Property means that portion of the Northgate Corporate Park Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to Seabury under Article VIII of this Agreement. Event of Default means any of the events described in Section 10.1 of tlfis Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by Seabury or 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. Minimum Improvements Shall mean the conslruction of an office building, together with all related site improvements as outlined in Exhibit B hereto, together with any further improvements that may be built on the Development Property by Developer or Seabury during the term of the Economic Development Grants. Mortgage means any mortgage or security agreement in which Seabury or 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 Seabury or the Developer under a policy or policies of insurance required to be provided and maintained by Seabury or 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. Northgate Corporate Park Urban Renewal Area Tax Increment Revenue 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. -4- Ordinance means Ordinance No. 99-3879 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 Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund. Proiect shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. Seaburv shall mean Seabury & Smitl~ Inc. Seabutv & Smith, Inc. TIF Account means a separate account within the Northgate Corporate Park Urban Renewal Area 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 and the Development Property. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property that are divided and made available to the City for deposit in the Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of tennination of this Agreement, as established in Section 12.9 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, lifigaton 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, approved m respect of the Northgate Corporate Park Urban Renewal Area, described in the preambles hereof. -5- 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. (b) The execution and delivery of this Agreemenh the consmnmation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or insmunent 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. Covenants, Obligations, Representations and Warranties of Seabuty. Seabury makes the following representations and warranties: (a) Seabury is a corporation duly organized and validly existing under the laws of the State of Delaware, and has all requisite power and authority to own and operate its properties, to can'y 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 Seabury 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 Seabury 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 Seabury or of any conlracmal restriction, evidence of indebtedness, agreement or instnmaent of whatever nature to which Seabury is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. -6- (d) There are no actions, suits or proceedings pending or threatened against or affecting Seabmy 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 Seabury or which in any manner raises any qUestions affecting the validity of the Agreement or Seabury's ability to perform its obligations under this Agreement. (e) Seabury has not received any notice from any local, State or federal official that the activities of Seabury with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Seabury 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 Seabury 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. (f) Seabmy will cooperate reasonably with the City in resolution of any Ixaffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) Seabury 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. Section 2.3. Covenants, Obligations, Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a corporation 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 vahd and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by banlauptcy, 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 achons, 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. (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, except for variances necessary to consmact the Minimum Improvements. (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 construction and leasing of the Project. (g) The construction of the Minimum Improvements required a total investment of not less than $4,825,000. (h) The Developer has not received any notice from any local, State or federal official that the activities of Seabury with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). 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. (i) The Developer will cooperate reasonably with the City in resolution of any Izaffic, parking, Ixash removal or pubhc safety problems which may arise in connection with the conslruction and operation of the Minimum Improvements. 0) 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. RESERVED ARTICLE IV. RESERVED 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, Seabmy and/or 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 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 Improyements, but any such policy may have a deductible amount of not more than $50,000. 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 othexwise, without the prior consent thereto in -9- 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 Seabury or the Developer and approved by the City. (ii) Comprehensive general public liability insurance, includ'mg 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 mount for each occurrence and for each year of $1,000,000. (iii) Such other insurance, includ'mg worker's compensation insurance respecting all employees of Seabury, in such mount as is customarily carried by like organizations engaged in like actvifies of comparable size and liability exposure; provided that Seabury may be self-insured with respect to all or any part of its liability for worker's compensation. Co) 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 Seabury or the Developer which are authorized under the laws of the State to assume the risks covered thereby. Seabury or the Developer will deposit annually with the City copies of 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 Seabury or the Developer and the City at least ten (10) days before the cancellation or modification becomes effective. Not less than five (5) days prior to the expiration of any pohcy, Seabury or the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Seabmy or 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 Seabury or 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) Seabury or the Developer agree to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements -10- or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to Seabmy or the Developer, and Seabury or the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage to the extent Net Proceeds of insurance are available, or would have been available if Seabury or the Developer had met their obligations to insure as set forth above. ARTICLE VI. ADDITIONAL COVENANTS OF THE DEVELOPER AND/OR SEABURY Section 6.1. Maintenance of Properties. Seabmy and/or the Developer, as provided under the lease from Developer to Seabury, will maintain, preserve and keep the Development Property and Minimum Improvements, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. Seabury will keep at all times proper books of record and account in which full, tree and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Seabary relating to the Development Property and Minimum Improvements, in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Seabury will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. Seabury will comply with all laws, roles and regulations relating to operating 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 Seabury. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, Seabury shall not discriminate against any applicant, employee or tenant because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. Seabmy shall ensure that applicants, employees and tenants are considered and are treated without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. -11- Section 6.5. Available Information. Upon request, Seabury shall annually, on or before November 1, provide the City with copies of its £mancial statements (or if its statements are not separately prepared, that of its parent corporation) for the preceding fiscal year, · prepared in accordance with generally accepted accounting principles and accomparfied by a report of an independent public accountant selected by Seabmy to the effect that such financial statements have been prepared in conformity with generally accepted accounting principles and present fairly, in all material respects, the financial condition of Seabury and that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards. Section 6.6. Employment. Commencing July 31, 2003, Seabury agrees that there will be maintained a monthly average of at least two-hundred two (202) full time employment units and twenty-five (25) pan time employment units at the Development property at all times until at least the Termination Date set forth in Section 12.8 hereof. The two hundred two full time employment units will pay an hourly wage between $11.30 and $26.57 for an average hourly wage of $15.70. In addition S eabury will provide these positions with competitive benefits as outlined in its City of Iowa City Application for Business Financial Assistance. The twenty-five pan-time employment units will pay an average hourly wage of $8.00. Section 6.7. Annual Certification. To assist the City in monitoring and performance of Seabury hereunder, a duly authorized officer on behalf of Seabury shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Development Property for the following fiscal year; (b) proof that all ad volorem 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, including but not limited to the Employment requirements of Section 6.6, and that at the date of such certificate, and during the preceding twelve (12) months to the best of the officer's knowledge with reasonable due diligence, Seabury is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement 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, 2003, and ending on November 1, 2013, both dates inclusive. -12- ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of Seaburv and the Developer; Transfer of Substantially All Assets. As security for the obligations of Seabury and the Developer under this Agreement, Seabury and the Developer respectively represent and agree that prior to the Termination Date, each will maintain existence as adequately capitalized corporations and will not wind up or otherwise dispose of all or substantially all of the Development Property and Minimum Improvements, 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 Seabury and 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 (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer of its obligations hereunder, unless approved by the City; and (3) the Developer may transfer its ownership interest to Seabury. The Developer contemplates forming a new development entity for the purpose of ownership and development of the project and Development Property and succeeding to the interest of the Developer hereunder. Notwithstanding the foregoing, Seabury may assign its rights and obligations hereunder, in whole or in part, to a company controlled by, controlling or under common control with Seabmy upon notice to the City and Developer. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by Seabury and 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, up to an aggregate total amount not to exceed $781,200, and subject to Seabmy and the Developer 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 ten (10) consecutive annual payments to Seabmy commencing June 1, 2005 and ending on June 1, 2014, pursuant to Section 403.9 of the Urban Renewal Act. Each annual payment shall be equal in amount to the following percentage: -13- 1st Year - 100% 6th Year - 50% 2nd Year - 90% 7th Year - 40% 3rd Year - 80% 8th Year - 30% 4th Year - 70% 9th Year - 20% 5th Year - 60% l0th Year - 10% 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 and excluding any interest that may accrue thereon prior to payment to Seabmy) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to limitation and adjustment 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 Seabury in any year shall be subject to and conditioned upon the timely filing by Seabury of the annual statement, proof and certification required under Section 6.7 hereof and the City Council% approval thereof. If Seabmy's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Council 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 Seabury on May 1 of that fiscal year. (Example: if Seabury and the City each so certify on November and December 2003, respectively, the first Economic Development Grant would be paid to Seabury on June 1, 2005.) (c) In the event that the annual statement, proof or certificate required to be delivered by Seabmy under Section 6.7 is not delivered to the City by November 1 of any year, Seabmy 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 Seabmy in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of Seabury, 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 Seabury if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to Seabury's certification due to its late filing. In the event -14- Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Seabury may give written notice to the City and, if the City finds that Seabury's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8. I, subject to Developer's filing under Section 6.7 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow ten (10) annual Economic Development Grants if Seabury is in compliance with this Agreement. (d) The aggregate amount of the Economic Development Grants that may be paid to Seabmy under this Agreement shall be equal to the sum of the total amount of the applicable percentage of all Tax Increments collected with respect to the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2003, and on January 1~t of each of the following nine (9) years, but in no case shall exceed Seven Hundred Eighty-One Thousand Two Hundred Dollars ($781,200). Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article VIII and Article X. 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. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the County Assessor. (e) In the event that any certificate filed by Seabury under Section 6.7 discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to Seabury 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 Seabury & Smith, Inc. 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 Development Property and Minimum Improvements and -15- allocated to Seabury & Smith, Inc. 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 Seabmy if at any time during the term hereof the City receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grunt to Seabm~y, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other apphcable provisions of the Code or Constitution of the State of Iowa, as then constituted. Upon receipt of such an opinion, the City shall promptly forward a copy of the same to Seabury and 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 Seabury under the terms of Section 8.1, the City may terminate this Agreement, without penalty or other liability to Seabury and the Developer, by written notice to Seabury and the Developer. (c) The City makes.no representation with respect to the amounts that may finally be paid to Seabury as the Economic Development Grants, and under no circumstances shall the City in any manner be table to Seabury or the Developer so long as the City timely applies the Tax Increments actually collected and held in Seabury & Smith, Inc. TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to Seabury, 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 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 Seabury with respect to the use thereof. -16- ARTICLE IX. iNDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) Except to the extent caused by any willful misrepresentation or any willful or wanton misconduct or any unlawful or negligent act of the indemnified parties (as hereafter defined), Seabmy and the Developer release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") from and agree that the indemnified parties shall not be liable for any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Minimum Improvements. (b) Except to the extent caused by any willful misrepresentation or any willful or wanton misconduct or any unlawful or negligent act of the indenufified parties, Seabury and the Developer agree to protect and defend the indemnified parties, now or forever, and further agree to hold the indemnified palsies 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 by Seabury, for which Seabmy will defend, indemnify and hold harmless the City, or any violation by the Developer, for which Developer will defend, indermfify and hold harmless the City, of any covenant or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Seabury or the Developer against the City to enforce their rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements, and (iff) any hazardous substance or environmental contamination located in or on the Development Property. Seabury's and the Developer's respective obligations to defend, indemnify and hold harmless the indemnified parties are conditioned upon the indemnified party timely notifying Seabury and the Developer of any covered claim and thereafter 1) tendering the defense of such claim to the applicable indemnitor(s), 2) cooperating with such indemnitor(s) in the defense of the claim, 3) allowing the indemnitor(s) to control the defense of the claim, and 4) allowing the indemmtor(s) to settle the claim as the indemuitor(s) may determine. Seabury's and the Developer's respective obligations to defend, indemnify and hold harmless a particular indemnified party are further conditioned upon such indemnified party and the specific claim against him/her being eligible for defense, indemnification and hold harmless as outlined above and such indemnified party accepting indenmitor's defense. -17- (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or Seabury, or their respective officers, agents, servants, employees, successors or assignees 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. (f) No provision of this Article IX shall alter the respective obligations of Seabury and the Developer to each other as may be specified in the Lease from the Developer to Seabury. 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 consauction 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 Development Property and Minimum Improvements, in violation of the provisions of Article VII of this Agreement; (c) Failure by Seabury or the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, including but not limited to the payment of taxes on the Development Property or the Employment requirements of Section 6.6 hereof', -18- (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) Seabmy shall: (A) file any petition in bankruptcy or for any reorgamzation, arrangement, composition, readjuslment, 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 Seabury 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 Seabury or the Milfirmlm Improvements, or part thereof; shall be appointed in any proceedings brought against Seabury, and shall not be discharged within ninety (90) days after such appointment, or if Seabmy shah consent to or acquiesce in such appointment; (f) Any representation or warranty made by Seabmy or the Developer in this Agreement, or made by Seabury in any written statement or certificate furnished by Seabury 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; or 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 the City may act immediately) the giving of thirty (30) days' written notice by the City to Seabury and the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has -19- not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and Seabury or 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 Seabtny or the Developer, deemed adequate by the City, that Seabmy or the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) Reserved; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessmy or desirable to enforce performance and observance of any obligation, agreement, or covenant of Seabury or the Developer, as the case may be, under this Agreement; or (e) For a default under Section 6.6, The City shall be entitled to recover from Seabury or the Developer, and Seabmy or the Developer shall re-pay to the City, an amount equal to the most recent annual Economic Development Grant payment previously made to Seabury or 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 Seabury or 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 fight 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, -20- such waiver shall be lhnited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City 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 Seabury or the Developer herein contained, Seabury and the Developer agrees that they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by Seabury and the Developer jointly, but not individually, if (i) Seabury and the Developer are 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 Seabury or 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 Seabmy or 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 fi:om such date forward null and void and of no further effect; provided, however, that the City's fights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, as against the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, Seabury and the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at their own expense and without regard to the provisions of this Agreement. -21- ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. Seabury and the Developer represent and warrant that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or their 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 redirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, remm receipt requested, or delivered personally, and (a) In the case of Seabury, is addressed or delivered personally to Seabury & Smith, Inc. at P.O. Box 1520 or the address of Minimum Improvements, Iowa City, Iowa 52245; Atto: Managing Director; and (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 52246, Atto: City Administrator; and (b) In the case of the Developer, is addressed to or delivered personally to the Developer at 755 Mormon Trek Blvd., Iowa City, Iowa 52246, Arm: President; 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 rifles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. -22- Section 12.4. Counterparts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same insmunent. Section 12.5. Governing Law. This Agreement shall be governed and construed m accordance with the laws of the State of Iowa. Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all patties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2014. Section 12.9. Contingency. This Agreement is subject to and conditioned upon Seabury and Developer entering into a mutually acceptable lease agreement wherein Developer leases to Seabury the Development property and Minimum Improvements for a term of at least ten (10) years. If Seabury and the Developer do not enter into such a lease within six (6) months after the execution of this Agreement by all parties, then either Seabury or Developer may terminate this Agreement and declare it null and void by giving written notice to the other parties. Upon entering into a lease, Developer and/or Seabury shall provide the City with a copy of the signed lease, signed memorandum of lease or other satisfactory evidence that this contingency has been satisfied or waived. 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 President and Secretary, all on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA -23 - Mayor ATTEST: -24- SEABURY & SMITH, INC. ATTEST: SOUTHGATE DEVELOp~,,T COMPANY, By: ~P¥ '~,' p ATTEST: "--.J By: Secret~ STATE OF IOWA ) ) ss CO~TY OF JONSON ) On ~s ~d for s~d Co.W, personally appe~ed to me person~ly ~o~ who berg d~y swo~ did say ~at ~ey ~e ~e Mayor ~d Ci~ Clerk, respectively of~e CiW of Iowa CiW, Iow~ a Mmcipal Co~orafio~ created ~d e~s~g ~der ~e laws of~e State of Iow~ ~d ~at ~e seal ~xed to ~e forego~g ~sm~ment is ~e se~ of s~d Mmcip~ Co~orafio~ ~d ~at s~d ~s~ent was si~ed ~d se~ed on behalf of s~d Mmcip~ Co~orafion by au~od~ ~d resolution of ks Ci~ Co~cil ~d s~d Mayor ~d Ci~ Clerk ac~owledged s~d ~sment to be ~e ~ee act ~d deed of said Mmcip~ Co¢orafion by it volm~ly executed. N~lic ~ ~ for Jonson Co~, Iowa -25- STATE OF I~WO[ ) ) ss COUNTY OF ~O~fiSO~ ) On this 2-7 day of [¢0Vr~t.~ _, ~1 , before me &e ~dersi~ed, a No~ Public m ~d for s~d Co.W, ~ s~d State, personflly appe~ed ~ ~- ~,~ ~d ~% N, ~r , to me personally ~o~, who, beMg by me duly swo~ did say ~at ~ey ~e ~e ~a~t~ ~at}~ ~d ~. ~'~ of Seab~ & S~ Mc., ~d ~at s~igMs~ent was si~ed on behdf df said co~orafion; ~d &at ~e s~d ~K,'~ ~ ~d ~t5 ~' %~ib~r , as such officers ac~owledged ~e execution of said ~s~ent to be ~e vol~t~ act ~d deed of s~d co~orafion, by ~em vol~tmly executed. Not~ Public ~ ~d for Jonson Co~, Iowa SUSAN K W~H STATE OF IOWA ) c~ml~ ) SS ~ c~m~ ~ CO~TY OF JONSON ) .... '- -'= On ~s ~q day of ~Oge~ , ~[ , before me ~e ~dersi~e~ a Not~ Public ~ ~d for s~d Co.W, ~ s~d State, person~y appe~ed ~f~ ~vq~r~ ~d T~ ~O~tO~ , to me personally ~o~ who, berg by me d~y sworn, ~d say ~at ~ey me ~e President ~d Secret~ of Sou~gate Development Comply, hc., ~d ~at s~d ~sment w~ si~ed on behalf of s~d co~orafion; ~d ~at ~e s~d M~eS ~ea~C~ ~d T~X& MOrro~ , as such officers ac~owledged ~e e~cufion of s~d ~s~ent to be ~e vol~t~ act ~d deed of co orafio by v01 t y executed. ~lcommJs~ion Number ~aa8*Ol Not~ Pubic ~ ~d for Jonson Co.W, Iowa ~l'J My Commission ~ire~ J -26- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Lots 1, 2, 3, and 4 Highlander Development First Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 25, Page 52, of the Plat Records of Jotmson County, Iowa, excepting therefrom that part of said Lot 4 described as Auditor's Parcel 95082 in the Plat of Survey recorded in Book 35, Page 291, of the Plat Records of Johnson County, Iowa. A-1 EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of a new office building of at least 46,000 square feet, together with related site preparation, utilities, landscaping and signage. B-1 ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. / (a) Seabury and the Developer release the City ache governing body members, officers, agents, servants and employees there/ff (hereinafter, for purposes of this Artic~X, the "indemnified parties") from, cove~3gnt and agree that the indemnified parties shallot be liable for, and agree to indemnif~ defend and hold harmless the indemnified pa~i,es against, any loss or damage to/property or any injury to or death of any person occurr~g, at or about or resulting fro/ga any defect in the Minimum Improvements. ~ / (b) Except f( willful misrepf~6sentation or any willful or wanton misconduct or any unlawful or ne t act of the i ~e~mni~ed parties, S~eabury and the Developer agree to protect and indem/mfied parties, now or forever, and further agree to hold the indemnified parties from any claim, demand, suit, action or other proceedings whatsoever b~ or entity whatsoever arising or purportedly arising from (i) any violation ondition of this Agreement (except with respect to any suit, action, [ brought by Seabury or the Developer against the City to rights under this Agreement), (ii) the acquisition and condition of and the construction, installation, ownership, and operation : Minimum ;, and (iii) any hazardous Property. (c) ble for any damage or injury to the persons or ~per or its officers employees, successors or assi ~ or any other person who about the Minimum Improvements due act of negligence of an, other than any act of negligence on the/part of any such indemnified party or itkx~ficers, agents, servants or employees.// (d) AIl covenants, stipulations, promises, agreements andXqbligations of the City contained her~in shall be deemed to be the covenants, stipulations, pXroxmises, agreements and obligations of the City, and not of any governing body,~m,~e,m~brer, off~ agent, servant or/ffmployee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. -16- City of Iowa City M MORANDUM Date: October 4, 2001 To: City Council t~c~~ From: David Schoon, Economic Development Coordina Re: Agreement for Private Redevelopment by and Between the City of Iowa City and Owens- Brockway Plastic Products Inc. On July 13, 2001, the City Council adopted a resolution approving a five-year one hundred percent tax increment financing property tax rebate to assist Owens-Brockway with a new manufacturing facility in Iowa City. The resolution also authorized staff to negotiate an agreement for such. On your agenda is a resolution approving the "Agreement for Private Redevelopment by and Between the City of Iowa City and Owens-Brockway Plastic Products Inc." The agreement before you is very similar in format and content to the agreement the City Council approved for the tax increment property tax rebate for the Sycamore Mall project, except of course for the particulars that pertain specifically to the Owens-Brockway project and company. Regarding the particulars of the project, a couple of items have changed since the Council originally approved the application for a tax increment financing property tax rebate and are reflected in the agreement. The first change is as Owens-Brockway further refined the project, construction costs for the project increased and the amount of value they anticipate adding to the site increased. The agreement reflects the new minimum improvement value of $4,201,000. Given that the amount of the five-year one hundred percent property tax rebate is based upon the added value to the site, the maximum amount of the property tax rebate (or Economic Development Grant as the agreement calls it) has increased to $695,550. This is a maximum figure. The actual rebate amount may be less depending upon the actual assessed value. The second change relates to the number of jobs Owens-Brockway can commit to creating. Owens- Brockway's application noted that 22 jobs would be created in 12 months and that a total of 30 jobs would be created within 24 and 36 months. When stating on the application that they would create 30 jobs within 24 and 36 months, the applicant has since indicated that the number was only to present an idea of how many jobs the company hopes to have in the future. The company has stated that their plan is to work toward acquiring additional business for the Iowa City plant, and thus employ additional employees in the future. But at this time, the company is unable to commit in the agreement to creating a total of 30 jobs within 24 and 36 months. The company is willing to commit in the agreement to creating 22 jobs. Though the number of pledged jobs to be created is not as great as the City originally anticipated, the overall economic benefit to the community of the Owens-Brockway project continues to warrant the granting of a five-year one hundred percent tax increment financing property tax rebate. Cc: Mark Cory, Ahlers Law Firm Jeff Townsend, Owens-Brockway Dale Clemments, Fisher & Company Joe Raso, ICAD U:\FILES\Prspct\Owens-brockway\Owens Council Memo 10-08.doc The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member 0' Donnpl 1 introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OWENS-BROCKWAY PLASTIC PRODUCTS INC.", and moved: that the Resolution be adopted. // to ADJOURN and defer action on the Resolution and the proposal to the meeting to be held at o'clock __.M. on the day of ,2001, at this place. Council Member Wi l burn seconded the motion. The roll was called and the vote was, AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman NAYS: Pfab, Kanner Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 01-322 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OWENS-BROCKWAY PLASTIC PRODUCTS INC. -3- WHEREAS, by Resolution No. 97-255 approved and adopted bn July 29, 1997, the City Council has approved and adopted an urban renewal plan for the Project Area designated as the "Scott-Six Urban Renewal Plan," as amended (the "Urban Renewal Plan"); and WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Owens-Brockway Plastic Products Inc. (the "Developer"), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Scott-Six Urban Renewal Project Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the Agreement as the "Development Property"),consisting of the construction of a new manufacturing facility building of at least 60,900 square feet, together with related site preparation, utilities, landscaping and signage, as outlined in the proposed Development Agreement; and WHEREAS, the Agreement further proposes that the City make economic development grants up to an aggregate total amount not to exceed $695,550, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") and authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code taking into account the factors set forth in Chapter 15A, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. -4- b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-mlated activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits am warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the mlocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds." 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 loans and grants 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 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 Mayor Pro Tern and the City Clerk and -5~ the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tern and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 8th day of October ,2001. ATTEST: AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA OWENS-BROCKWAY PLASTIC PRODUCTS INC. AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinaf~er called "Agreement"), is made on or as of the ~ day of ~c-rt,~ ~ ,z ,2001, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinaf~er 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, 2001, as amended (hereinafter called "Urban Renewal Act"), and OWENS-BROCKWAY PLASTIC PRODUCTS INC., a Delaware corporation having an office for the transaction of business at One Sea Gate, Toledo, Ohio (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation 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 Scott-Six Urban Renewal Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 97-255 adopted July 29, 1997; 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 will acquire 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 hereinat~er referred to as the "Development Property"); and WHEREAS, the Developer will cause a manufacturing and ancillary uses facility building to be constructed on the Development Property in accordance with this Agreement; and WHEREAS, Developer will operate a manufacturing facility building at that location during the term of this Agreement; and -1- WHEREAS, the City believes that the development 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 Chapters 403, 15A and other applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. 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 fi'om the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, mended or supplemented. CiW means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2001, as amended. Commencement Date means the date of the issuance by the City of an occupancy permit for the Minimum Improvements. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; 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. Coun_ty means the County of johnson, Iowa. Developer means Owens-Brockway Plastic Products Inc., and its successors and assigns. -2- Development Property means that portion of the Scott-Six Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section I0.1 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 Impr6vements, or all su6h Mortgages as} IL' Minimum Improvements shall mean the construction of a manufacturingtYacility building, together with all related site improvements as outlined in Exhibit B hereto. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 97-3796 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 Scott-Six Urban Renewal Area Tax Increment Revenue Fund. Owens-Brockwav Plastic Products Inc. TIF Account means a separate account within the Scott-Six Urban Renewal Area 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 and the Development Property. Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. -3- Scott-Six Urban Renewal Area Tax Increment Revenue 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 refinhnce in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property that are divided and made available to the City for deposit in the Scott-Six Urban Renewal Area Tax Increment Revenue Fund under th~ provisions of Sedtion 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 fom 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, approved in respect of the Scott-Six Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2. I. 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. -4- (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitut~ a default under any of the foregoing. Section 2.2. Covenants, Obligations, Representations and Warranties of Developer. Developer makes the following representations and warranties: (a) Developer is a corporation duly organized and validly existing under the laws of the State of Delaware, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted ~ind as presently prbposed 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 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 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 certificate of incorporation and bylaws of Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 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 Developer in any court or before any arbitrator or before or by any govemmental 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 Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. -5- (e) Developer has not received any notice from any local, State or federal official that the activities of Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). 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 environmentill law, regulation or review procedure applicable to the Development Property, and 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. (f) Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in cor/nection with the construction and operation of the Minimum Improvements. (g) 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. (h) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances necessary to construct the Minimum Improvements. (i) 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. (j) The construction of the Minimum Improvements required a total investment of not less than $4,201,000. ARTICLE III. RESERVED ARTICLE IV. RESERVED -6- 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 ihall 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 against by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosidn, 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 $250,000. 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) Commercial 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. (iii) Such other insurance, including worker's compensation insurance respecting all employees of Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (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 -7- 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 modifica(ion becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit wi.th the City a certificate or certificates of the respective insurers as (o 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 $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section6.1. Maintenance ofProperties. The Developer will maintain, preserve and keep the Development Property and Minimum Improvements, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. Developer will keep at all times proper books of record and account in ~vhich full, true and correct entries will be made of all -8- dealings and transactions of or in relation to the business and affairs of Developer relating to the Development Property and Minimum Improvements, in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. 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 there~'om, 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 operatingthe Minimum Iml~rovements, Developer shall not discriminate against any applicant, employee or tenant because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. Section 6.5. Available Information. Upon request, Developer shall annually, on or before November I, 2002, and each year thereafter prior to the Termination Date, provide the City with copies of financial statements of Owens-Brockway Plastic Products Inc. for the preceding fiscal year, prepared in accordance with generally accepted accounting principles and accompanied by a report of an independent public accountant selected by Developer to the effect that such financial statements have been prepared in conformity with generally accepted accounting principles and present fairly, in all material respects, the ~nmncial condition of Owens-Brockway Plastic Products Inc., and that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards. Section6.6. Emplovment. Commencing July l, 2003, Developer agrees that there will be maintained a monthly average of at least twenty-two (22) full time employment units at the Development Property at all times until at least the Termination Date set forth in Section 12.8 hereof. The twenty-two full time employment units will pay an hourly wage between $9.00 and $38.46 for an average hourly wage of $13.43. In addition Developer will provide these positions with competitive benefits as outlined in its City of Iowa City Application for Business Financial Assistance. -9- Section 6.7. Annual Certification. To assist the City in monitoring and performance of Developer hereunder, a duly authorized officer on behalf of Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section I. 1 of this Agreement) in respect of the Development Property for the following fiscal year; (b) proof that all ad volorem taxes on the Development Property have b~en paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement, including but not limited to the Employment requirements of Section 6.6, and that at the date of such certificate, and during the preceding twelve (12) months to the best of the officer's knowledge with reasonable due diligence, Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement 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 Defaulo is occurring or has occurred a~ 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, 2002, and ending on November 1, 2007, both dates inclusive. 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 existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all or substantiall all of the Develo ment Pro e and M~n p p rty ' imum Improvements, or assign,tt,~r: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, (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by under common control with or controls, Developer, to any entity that acquires all or substantially all of the assets ofDevelo er or to any corporate~__ successor to Developer by consolidation, merger, or otherwise,~he Developer may (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such -10- assignment shall not release the Developer of its obligations hereunder, and the City agrees that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third-party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. 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, up to an aggregate total amount riot to exceed $695;550, and subject to the Developer 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 five (5) consecutive annual payments to Developer commencing June 1, 2005 and ending on June I, 2009, pursuant to Section 403.9 of the Urban Renewal Act. Each annual payment shall be equal in amount to one hundred percent (100%) 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 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 limitation and adjustment 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 Developer in any year shall be subject to and conditioned upon the timely filing by the Developer of the annual statement, proof and certification required under Section 6.7 hereof and the City Council's approval thereof. IfDeveloper's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Council 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 follo~ving fiscal year and which shall thereafter be disbursed to Developer on May 1 of that fiscal year. (Example: if Developer and the City each so certify on November and December 2003, respectively, the first Economic Development Grant would be paid to Developer on June 1, 2005 .) -11- (c) In the event that the annual statement, proof or certificate required to be delivered by Developer under Section 6.7 is not delivered to the City by November 1 of any year, 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 Developer in respect thereof. The City covenants to act in good faith to ~ippropriately review and consider any late certification on the part of 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 Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate dt/e to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing under Section 6.7 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow five (5) annual Economic Development Grants if Developer is in compliance with this Agreement. (d) The aggregate amount of the Economic Development Grants that may be paid to Developer under this Agreement shall be equal to the sum of the total amount of the applicable percentage of all Tax Increments collected with respect to the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2003, and on January 1st of each of the following four (4) years, but in no case shall exceed Six Hundred Ninety-Five Thousand Five Hundred Fifty Dollars ($695,550). Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article VIII and Article X. 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. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the County Assessor. (e) In the event that any certificate filed by Developer under Section 6.7 discloses the existence or prior occurrence of an Event of Default that was not cured or -12- cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to 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 Owens-Brockway Plastic Products Inc. 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 Development Property and Minimum Improvements and allocated to Owens-Brockway Plastic Products Inc. 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 fi'om any other City funds. (b) The City hereby represents and warrants to Developer that to the best of its knowledge with reasonable due diligence the Economic Development Grant to Developer as contemplated under Section 8.1 hereof is authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code or Constitution of the State of Iowa as currently constituted. Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to Developer if at any time during the term hereof the City receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code or Constitution of the State of Iowa, as then constituted. 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 D,vo (2) Economic Development Grants would otherwise have been paid to 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 Developer as the Economic Development Grants, and under no circumstances -13- 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 Owens-Brockway Plastic Products Inc. TIF Account (regardless of the amounts theFeof) to the payment of the Economic Development Grants to 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 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 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 goveming body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") fi'om, 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. (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 their rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements, and (iii) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by the Developer after the effective date of this Agreement. -14- (e) 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, employees, successors or assignees 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 tenninati0n of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section I0.1. 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 Development Property and Minimum Improvements, in violation of the provisions of Article VII of this Agreement; (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, including but not limited to the payment of taxes or the Development Property or the Employment requirements of Section 6.6 hereof; (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: -15- (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 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 ~vithin ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against Developer, and shall not be discharged within ninety (90) days after such appointment, or if 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 Developer in any written statement or certificate furnished by 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 the City may act immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing oft he 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 Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; -16- (b) The City may terminate this Agreement; (c) 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 (d) For a default under Section 6.6 and 2.2(g), The ~ity shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the most recent annual Economic Development Grant payment 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. Section 10.5. Agreement to Pay Attomeys' Fees and Expenses. Whenever any Event of Default occurs and the City 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 Developer herein contained, the Developer agrees that they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. -17- 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 ofTermination. Ifthis Agreement is terminafed 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 attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or their 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 part of the Project at any time during or after such person's tenure. -18- 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 Developer, is addressed or delivered personally to Owens-Brockway Plastic Products Inc. at One Sea Gate - Legal Department, Toledo, Ohio 43666; Attn: Legal Department; and (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 52246, Attn: City Manager; and 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 parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governin~ Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2008. -19- 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 duly authorized officers, all on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA Mayor ATTEST: City Clerk OWENS-BROCKWAY PLASTIC PRODUCTS INC. ATTEST: By: J -20- STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 0n this ~' day of Dc~,X~Z , ~,%ot , before me a Notary Public in and for said County, personally appeared .i~,,~ ~- ~_~,_ and/~r;a,,/~- I{~rw 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. missSon Num~r 15979~ ~Lc~2~T ~'~, Not~ Public in and for JoMson Count, Iowa STATE OF f)~=o ) ) SS COUNTY OF [iJ o o3 ) On this :f--t~ day of ~e718[~ , ~w / , before me ~e undersigned, a Not~ Public in and for said Count, in said State, personally appe~ed ~. ~ . ~ ~5~ and ~ 4. 7~,~4 d~ , to me personally ~own, who, being by me duly sworn, did say that they ~e the V. ~. de~. .~e~ ~d p~or~er ~ of Owens-Brockway Plastic Products Inc., and ~at said ins~ment was signed on behalf of said coloration; ~d that the said U. R. ~ ~ ~4 F~ and T~ To~Ad4 t~ , as such officers achowledged the execution of said ins~ment to be ~e volunta~ act and deed of said coloration, by them volunt~ily executed. ]did d. ~.pi~t -21- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Beginning at the Northeast Comer of Lot 31 of Scott-Six Industrial Park, in accordance with the Plat thereof Recorded in Plat Book 38, at Page 137, of the Records of the Johnson County Recorder's Office; Thence S62 °09'30"E along the North line of Lot 32 of said Scott-Six Industrial Park, 66.00 feet; Thence S27°50'57"W, 347.95 feet; Thence S47°25'39"W, 170.55 feet to a point of the Right-of-Way line of Independence Road; Thence Northwesterly 70.59 feet, along said Right~of-Way line of Independence Road on a 60.00 foot radius curve, concave Southwesterly, whose 66.59 foot chord bears N87°22'27"W, to the Southern most comer of Lot 31; Thence N31 °04'48"W, along the Southerly Line of said Lot 31, a distance of 32.16 feet; Thence N62 °09'30"W, 911.04 feet, to a Point on the Westerly Line of said Lot 31; Thence N11 °43'38"E, along said Westerly Line, 265.53 feet; Thence N00°03'29"W, along said Westerly Line, 300.19 feet to the Northwesterly Comer thereof; Thence S62 °09'30"E, along said Northerly Line, 660.39 feet; Thence S27 °50'30"W, along said Northerly Line, 100.00 feet; Thence S62 °09'30"E, along said Northerly Line, 145.00 feet; Thence N27°50'30"E, along said Northerly Line, 100.00 feet; Thence S62°09'30"E, along said Northerly Line, 398.31 feet, to the Point of Beginning. Said Parcel of land contains 13.25 acres, more or less, and is subject to easements and restrictions of record. A-1 EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of a new manufacturing and ancillary uses facility building of at least 60,900 square feet, together with related site preparation, utilities, landscaping and signage. DLILLEBOX294997\I\10714.067 B-I AGREEMENT FOR PRIVATE By and Between THE ( OF IOWA PRODUCTS INC. AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is on or as of the day of ,2001, by and among the IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant tc State of Iowa and under the authorization of ~ 33 of the Code of Iowa, 2001, as called "Urban Renewal Act"), , a Delaware t office for the transaction I One Sea Gate, Toledo, Ohio (the WITNESSETH: WHEREAS, in furtherance ectives Renewal Act, the City has undertaken a program for the or rehabilitation of an economic development area in the City is engaged in carrying out urban renewal project activities in an ~s the Scott-Six Urban Renewal Area, which area is described in the Urban Renewal approved for such area by Resolution No. 97-255 adopted July 29, 1997; and WHEREAS, a copy of the Urban Plan, has been recorded among the land records in the office oft:Recorder,Johnson County, Iowa; and WHEREAS, the re 1 property located in the foregoing Urban Renewal Area ' ' ' the "Development Property"); and WHEREAS, the Develop~ will cause a manufacturing and ancillary uses facility building to be constructed Development Property in accordance with this Agreement; and WHEREAS, Develope.~A a manufacturing facility building at that locahon during the term of th greement, and -1- WHEREAS, the City believes that the development 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 Chapters 403, 15A and other applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. 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. Section 1.1. addition to other Agreement, and not otherwise shall have the following meanings unless meaning clearly from the context: Agreement means this A as the same may be from time to time modified, City means the City successor to its functions. Code means the Code of lowa, 2001 Commencement Date .suance by the City of an occupancy permit for Construction Plans means drawings and related documents reflecting the construction be performed by Developer on the Development Property; the Construction t be as detaih plans, specifications, drawings and related. submitted to the of the City as required by applicable ~ codes. County means t e County of Johnson, Iowa. Developer ~ Owens-Brockway Plastic Products In~, and its successors and / assigns. / / -2- Development Property means that portion of the Scott-Six Urban Renewal 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 of this Agreement. Event of Default ; any of the events described in Section 10.1 of this Agreement. First Mortgag. Mortgage granted to secure any loan either a mortgagl ' the Developer from a other financial institution to initial operating capital requirements of Minimum Improvements, c such Mortgages as appropriate. Minimum Improvements facility building, together with all related site as in Exhibit B hereto. Mortgage means Developer has granted a mortgage or other securit~ or any portion or parcel thereof, or any improvements thereon. Net Proceeds means any proceeds by an insurer to the Developer under a policy or policies of insurance required to b{ maintained by the Developer, as the case may be, pursuant to Article V and remaining after deducting all expenses (including fees and Y counsel) incurred in the collection of such proceeds. No. ~f the City, under which the taxes levied on the taxable Proj ~e divided and a portion paid into the Scott-Six Urban Area Tax Fund. ' Plastic Products Inc. TIF means a separate account within the of the City, in which there shall deposited all Tax Increments r~ ' the City with respect to the Minimum Project construction and operation on the Develc Property, as described in this A -3- Scott-Six Urban Renewal Area Tax Increment Revenue 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. Property that are divided an available to the City for deposit Renewal Area Tax Increment Fund under the provisions 403.19 of the Code and the Ordinance. Termination Date means the as established in Section 12.8 of this Agreement. Unavoidable Delays means delays acts or occurrences outside the reasonable control of the party claimin but not limited to storms, floods, fires, explosions or other casualty los~,unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, cin transportation or delivery of material or equipment, litigation commenced by I or the acts of any federal, State or local governmental unit (other than 'lan, approved in respect of the Scott-Six Urban Renewal Ihe ,les hereof. ARTICLE REPRESENTATI( S Section 2.1. s and Warranties ofthi The City makes the followin and warranties: (a) The ~ is a municipal corporation and political subdivision organized under the provisions o: Constitution and the laws of the State and has the power to enter into this Agreement. ~4- (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction. of indebtedness, agreement or instrument of whatever nature to which ~is now a party or by which it iound, nor do they constitute a default under any oforegoing. Section 2.2. Obligations, Representations of Developer. Developer makes the ; representations and warranties: (a) Developer is a duly organized I existing under the laws of the State of Delaware. all requisite power and: to own and operate its properties, to can'y on to be conducted, and to enter into and its oblil the Agreement. (b) This A authorized, executed and delivered by Developer and, assuming due and delivery by the City, is in full force and effect and is a valid and le instrument of Developer enforceable in accordance with its terms, as the same may be limited by bankruptcy, insolvency, reorganization or relating to or affecting creditors' rights generally. (c) The the consummation of the compliance with the terms and conditions of this Agreement limited by, in conflict with, or result in a violation or breach of, the conditions or ' ' of the certificate of incorporation and bylaws or subsidiaries of any contractual restriction, evidence agreement or nature to which Developer is now ~arty or by which it or its is bound, nor do they constitute a any of the foregoing. (d) There no actions, suits or proceedi~ or threatened against or affecting any court or before any arbitrator or any governmental be in which there is a reasonable 'an adverse decision which could adversely affect the business (present or- financial position or results an~ any questions affecting the , of the Agreement or Developer's abilit~ obligations under this -5- (e) Developer has not received any notice from any local, State or federal official that the activities of Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). 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 an, environmental law, regulation or review procedure applicable to Property, and Develol: ~ of any violation of any local, federal environmental law, v procedure which would give any person State or federal statute with respect thereto. (f) fully with the City in resolution ~, traffic, parking, trash removal or public , problems which may arise in cc construction and operation (g) Agreement without the payment by the City of the made to the Developer pursuant to this Agreement. (h) The Developer will cause the be constructed in accordance with the terms of this A constructed will comply with the Urban Renewal Plan and all local, State and and regulations, except for variances necessary to construct the Minimum (i) The Developer will to obtain, or cause to be obtained, in a timely manner, all required permits, and will meet, in a timely manner, all requirements of all and federal laws and regulations which must be obtained or met in '. Project. (j) The Minimum required a total investment of not less than $4,201,000. ARTICLE III. ARTICLE IV. RESERVED 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 City shall furnish payment of premiums on) insurance as follows: (i) against loss and/or damage to the under a policy covering such risks as are ordinaril~ y similar businesses, includin limitation the generality of the forefire, extended coverage, vandalism and ;explosion, demolition cost, debris removal, and coIL an amount not less than ~lacement value a deductible amount of not more than $250,000. No of insurance shall b, the proceeds thereof will produce less than the by the preceding sentence, by reason of co-insurance ' ' r otherwise, prior consent thereto in writing by the City. The term "full mean the actual replacement cost of the Minimum foundation and excavation costs and costs of underground flues, e items) and equipment, and shall be determined from the request of the City, but not more frequently than once every three years' an insurance consultant or insurer selected and paid for b3 'the City. (ii) Commercial general pt~blic insurance, including personal injury liability for injuries to persons injuries resulting from the operation of automobiles or other on or about the Development Property, in the minimum each, and for each year of $1,000,000. / (iii) Such other ~surance, including s compensation insurance respecting all employees of eveloper, in such is customarily carried by like organizations engaged in ' e activities of comparable ~ nd lia ~ility exposure; provided that Developer ay be self ~nsured w~th resl:to 1 or any part of its liability for ~orker's compensa on. " ' ~ (b) All ins ance required by this Article V to be pro~ [ prior to the \ -7- 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 le than fifteen (15) days prior to the expiration of any policy, the Developer shall evidence satisfactory to that the policy has been renewed or replacedanother policy conforming to the of this Article V, therefor under the terms hereof. policies, the Developer may r single policy, or blanket or umbrella or a combination thereof, the total coverage required herein, in certificate or certificates of the res, insurers as to the in force upon the Minimum Improvements. (c) The Developer agrees to notify in the case of damage exceeding $250,000 in amount to, portion thereof resulting from fire or other of any such insurance shall be paid directly to the Developer, and reconstruct and restore the Minimum substantially the same or an improved condition or value as they existed event causing such damage and, to the extent necessary to accom~ d restoration, the Developer will apply the Net Proceeds ' insurance: to such damage received by the Developer to the payment or of the,sts thereof. (d) The Developer restoration of the Minimum Improvements. received by the Developer for such purposes are COVENANTS OF THE DEVELO R Section 6.1. e and keep the Developme working order, tear accepted, and from time to time will make all necessa~ repairs, repl renewals and additions. Section 6.2. Developer will keep at all times proper books which full, tree and co~ect entries will be made of all -8- dealings and transactions of or in relation to the business and affairs of Developer relating to the Development Property and Minimum Improvements, in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Comp Laws. Developer will comply with all laws, and regulations relating to Improvements, other than laws, rules and regulations the failure to or the sanctions and penalties therefrom, would not have a adverse effect on the business, property, c or condition, financial or otherwise'the Developer. Section 6.4. Non-[ In operating the Developer shall not discriminate a applicant, employee age, color, creed, disability, gendermarital status, national race, religion, sex or sexual orientation. Developer shall tpplicants,tenants are considered and are treated without re disability, gender identity, marital status, national origin, race,:ion, orientation. Section 6.5. Available Information. on or before November 1, 2002, and each year the Termination Date, provide the City with t Plastic Products Inc. for the preceding fiscal year, prepared in accordance accepted accounting principles and accompanied by a report of an public accountant selected by Developer to the effect that been prepared in conformity with generally accepted accounting fairly, in all material respects, the financial Inc., and that the examination of such financial such has been undertaken in accordance with generally standards. Section 6.6. Employment. g July 1, that there will be maintained .~ of at least full time employment units at the Development ' at all times until at least the Te ination Date set forth in Section 12.8 hereof. The y-two full time employment unit will pay an hourly wage between $9.00 and $38. for an average hourly wage of $13. 3. In addition ~ompetitive benefits as o tlined in its City of Developer will' ~ Assistance Iowa City Application for ~ . Section 6.7. Annual Certification. To assist the City in monitoring and performance of Developer hereunder, a duly authorized officer on behalf of Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Development Property for the following fiscal year; (b) proof that all ad volorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that terms and provisions of this Agreement, including to the Employment requirements of Section 6.6, and that at the date of such and during the preceding twelve (12) months to the best of the officer's knowled h reasonable due diligence, Develc or was not, in default in the fulfillment· of the terms and conditions of this A that no Event of Default,or eventich, with the lapse of time or the , or both, would become an ~ is occurring or has occurred such certificate or during such period,if the signer is aware default, event or Event of Default, said officer shallin such statement th . its period of existence and what action has been taken or is to be taken with respect thereto. Such statement, shall be not later than November 1 of each year, commencin 1, 2002 ending on November 1, 2007, both dates inclusive. ARTICLE VII. ASSI( Section 7.1. Status of the Developer; T: tall Assets. As security for the obligations of the Develope the Developer represents and agrees that, prior to the iss Uompletion and prior to the Termination Date. as an adequately capitalized corporation or or substantially all of the Devele or assign their interest in this Agreement to any other party(i) the transferee limited liability compan2 assumes in writing allthe obligations of the Developer under this A (ii) the City in writing in advance thereof. Notwithstandin however, or any ~ Agreement, (a) Developer i transfer its interest in and to this Ag eement to any entity that acquires all . o successor to Developer ' consolidation, merger, or otherwise, (b) the Developer may (1) pledge any and/or all assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such -10- assignment shall not release the Developer of its obligations hereunder, and the City agrees that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third-party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Grants. (a) For and in consideration of the obligations being assumed b ~er hereunder, furtherance of the goals and objectives of the 1 Urban Renewal Act, the City agrees, up to an a total $695,550, and subject to the Developer being terms of this Agreement and to the terms of this Article VIII. assume an up to five (5) consecutive annual June 1, 2005 and ending on June 1, 2009, pursuant to Each annual payment shall be equal in amount to one hundred of the Tax Increments collected by the City with respect to the on Development Property under the terms of the Ordinance (without regard to' averaging that may otherwise be utilized under Section 403.19 and excludin accrue thereon prior to payment to the Developer) during the precedin period in respect of the Development Property and but subject to limitation and adjustment as provided in g referred to collectively as the "Economic Development Grantsy~. (b) The obligation qflhe City to make an Development Grant to Developer in any year shall/toe subject to the timely filing by the Developer of the annual sfatement. required under Section 6.7 hereof and the City Cou,~cil's approval thereof. annual statement, proof and certification is ti ~ly filed and contains required under Section 6.7 and the City Council pproves of the same, the certify to the County prior to December 1 of that ear its request for the availablefrom the assessments impo ed by the County as of January 1 to be collected by the each so certify On November and December 2003, resF the first Economic Development Grant would be paid to Developer on June 1, 2005.) -11- (c) In the event that the annual statement, proof or certificate required to be delivered by Developer under Section 6.7 is not delivered to the City by November 1 of any year, 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 Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of 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 Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but r limited to, specific discussion,fore the City Council at a regular City Council with respect thereto) to Devek to its late filing. In Developer fails to timely file an statement, proof or certificate due to Unavoidable Delay and, as a an Economic Development Grant Developer may ~ the City and, if the City finds that failure is due to an Unavoidable Grant shall be made in the year succeeding the ruder Section 8.1, subject to Develc under Section 6.7 and provisions of this Article VIII with respect to suchit being the intentk parties to allow five (5) annual Economic Development ( Agreement. (d) The aggregate amount be paid to Developer under this Agreement shall sum of the total amount of the applicable percentage of all Tax Incrementsected with respect to the assessments imposed on the Development j 1, 2003, and on January 1st of each of the but in no case shall exceed Six Hundred Ninety-Five Thoust ' Dollars ($695,550). Economic Development Grants shall. ~bject to suspension and termination, in accordance with the o VIII and Article X. Thereafter, the taxes levied on I and Improvements shall be divided and applied with the Urban 1 Act and the Ordinance. It is recognized by all parties aggregate amount forth above is a maximum amount only and that the the Minimum Improvements are valuations of said have been determined by (e) In the that any certificate filed by Developer under Section 6.7 discloses the existence or prior occurrence of an Event of Default that was not cured or -12- cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to 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 Grants shall be r and only by amounts in Owens-Brockwa~ of the City. The Cit, covenants and !he Ordinance in force during the term hereoto apply the incremental in respect of the Minimum Improvements and Owens-Brockway Plastic Inc. TIF Account to pay the Economic Grants, as and to the extent Section 8.1 hereof. The Economic notbe manner by ~ or by general taxation or any other City funds. (b) The City hereby represents warrants to to the best of its knowledge with reasonable due dill ~' Economic as contemplated under Section 8.1 otherwise an appropriate project activity permitted to be undertaken the Urban Renewal Act or other applicable provisions of the Code State of Iowa as currently constituted. Notwithstanding the provisions of hereof, the City shall have no obligation to make Developer if at any time during the term hereof the City receives ' ' court of competent jurisdiction to the effect that the use the Minimum Improvements to fund an Economic Development Grant to as said Section 8.1, is not authorized or otherwise an the City under the Urban Renewal i le provisions of the Code or Constitution of the State then constituted. of such an opinion, the City shall promptly forward If the circumstances or legal constraints giving opinion continue for g which two (2) Economic Dev would otherwise to Developer under the terms of Section 8.1, themay tenninate this A or other liability to the r written notice to the Developer. (c) epresentation with respect to the ~ ounts that may finally be paid to Develo ,pment Grants, and circumstances \ -13- 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 Owens-Brockway Plastic Products Inc. TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to 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 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, f any purpose for which the Tax Increments may lawfully be used pursuant to the the Urban Renewal Act, and the ( shall have no obligations to respect to the use thereof. Section 9.1. Release and (a) The Developer releases the and the ' members, officers, agents, servants and employees thereof IX, the "indemnified parties") from, covenant and a indemnified parties shall not be liable for, and agree to indemnify, defend andharmless the indemnified parties against, any loss or damage to property to or death of any person occurring at or about or resulting from any defect in' (b) Except for any willful mis r any willful or wanton misconduct or any unlawful act of the to protect and defend the indemnified parties, now or and further ato hold the indemnified parties harmless, from any claim, action or other' s whatsoever by any person or entity whatsoever (i) any violation of any agreement or condition ofthi (except any suit, action, demand or other proceedin ' the Developer against the to enforce their rights under this Agreement), (ii ' ition and condition : Development Property and the construction, installa ownership, and operation of the and (iii) any hazardous or environmental located in or on the to conditions caused by the after the effective date of this A -14- (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, employees, successors or assignees 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, and obligations of the City, and not of any governing body member, servant or employee of the City in capacity thereof. (e) The provisions IX shall survive Agreement. ARTICLE X. Section 10.1. Events of Default shall be "Events of Default" under this Agreement and the term shall mean, whenever it is used in this Agreement, any one or more of the events: (a) Failure by the Developer to of the Minimum Improvements to be terms, conditions and limitations of Article III of this A (b) Transfer of any interest ~greemenl r the Development Property and Minimum Improvements, provisions [ Article VII of this Agreement; (c) Failure by the to substantialb any covenant, condition, obligation or on its part to be or performed under this Agreement, including but r the payment or the Development Property of Section, (d) Mortgage on the Development or any improvements ereof, proceedings as a result of an} ~pplicable Mortgage documents; \ (e) The Developer shall: -15- (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 ~nability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or ifa 'answer proposing the adjudication of Developar as a bankrupt or its reor lnder any present or future federal bankruptcyor any similar federal or state filed in any court and such petition or not be discharged or ninety (90) days after the filing thereof; trustee or liquidator of or the Minimum Improvements, or part thereof shall be appointed in gs brought against Developer, and shall not within ninety after such appointment, or if Developer shall to or acquiesce ' appointment; or (f) Any representation made by Agreement, or made by Developer in any written or certif ' Developer pursuant to this Agreement, shall prove incorrect, incomplete or misleading in any material respect on or as or making thereof. Section 10.2. Remedies on Default. any Event of Default referred to in Section 10.1 of'this Agreement occurs the City, as specified below, may take any one or more of the (except in the case of an Event of Default under subsections (e) or (f) c 10.1, in which case the City may act immediately) the giving notice by the City to the Developer and the holder of the First Mort(but only to extent the City has been informed in writing Mortgage and ~ provided with the address of the holder thereof) of the Event Event of Default has not been cured within said thirty (3C or if the y be cured within thirty (30) days the Developer does not reasonably satisfactory to the City Event of Default will be as soon as reasonably possible: (a) City may suspend its ~greement until it receives assurances from Developer, deemed adequate ,'ity, that the Developer will cure its default and continue its performance under -16- (b) The City may terminate this Agreement; (c) 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 (d) For a default under Section 6.6 and 2.2(g), The City shall be entitled to recover from Developer shall re-pay to the City, equal to the most recent annual Ec Grant , made to the Developer under Article hereof, and the City may take any action, any legal action it deems necessary amount from the Devel Section 10.3. No Remed~ sive. No remedy herein to the City is intended to be exclusiv, other availabl, but each and every remedy shall be cumulative be in addition to. other remedy given under this Agreement or now or in equity or by statute. No delay or omission to any default shall impair any such fight or power or waiver thereof, but any such right and power ma3 .' to time as may be deemed expedient. Section 10.4. No Implied Waiver. contained in this Agreement should be breached by by any other party, such waiver shall be limited to the particul~ so waived and shall not be deemed to waive any other concurrent, previous or ,, Section 10.5. Agreement to Whenever any Event of Default occurs and the C or incur other expenses for the collection of payments become the enforcement or performance or observance of any obligation. on the f the Developer herein contained, the Developer agrees that th shall, pay to the City the reasonable fees of such attorneys and expenses as and appropriately incurred by the City in -17- 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 to the Developer that such ~ will be cured as soon as reasonably Section 11.2. If this Agreement is terminated to this Article XI, this A be from such date forward null and and of no further effect; provided, however. under Article IX hereof shall in all events survive further that Agreement shall not affect the party to institute any ~claim or demand for damages suffered as a result or default of the greement by another party, or to recover amounts had accrued and 1 and payable as of the date of such termination. In h action, the party shall be entitled to recover its reasonable attorneys in connection therewith (but only, in the case the applicable law). Upon termination of this Agreement , the Developer shall be free to proceed with the construction and ~ Minimum Improvements at its own expense and without regard to the ' ' ~f this Agreement. ARTICLE XII Section 12.1. Conflict and warrants that, to its best knowledge and belief after :er or employee of the City, or their designees or a of the governing body of the City, and no other public City who or has exercised any functions or responsibilities with ect during or who is in a position to participate in a i~ i, process or gai insider information with connection w~th ect, or ~n any act~wty, or benefit there om which is part of the -18- 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 addressed or delivered personally to Owens-Brockway Plastic Inc. at One Sea Gate - Legal Toledo, Ohio 43666; Attn: I Department; and (b) In the is addressed to or delivered~ ' to the City at Civic Street, Iowa City, Attn: City Manager; and or to such other designated individualofficer or to such any party shall have furnished to the other in writin Section 12.3. lections. several parts, Articles, and Sections of this Agreement ~inserte and shall be disregarded of its provisions. Section 12.4. Counterparts. Thi ' be executed in any number of counterparts, each of which and the same instrument. Section 12.5. Governing Law. shall be governed and construed in accordance with the laws of the of Iowa. Section 12.6. Entire A the exhibits hereto reflect the entire agreement between the regardin~ subject matter hereof, and supersedes and replaces all prior agree gotiations or whether oral or written. This Agreement may not amended except by a writing signed by all parties hereto. Section 12.7. gns. This A is intended to and shall inure binding upon the' and their respective successors Section 1~.8. Termination Date. This Agreement and be of no further force or effect on and after December 31, 2008. \ -19- 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 duly authorized officers, all on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk PLASTIC PRODUCTS By: ATTEST: By: -20- STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of , , before me a Notary Public in and for said County, personally a and to me personally known, who being d ~ sworn, did say that they are the Mayor and City Clerk, respectively of the City City, Iowa, a Municipal Corporation, created and existing under the laws of the State o: Iowa, and that the seal affixed to the foregoing instrument is the seal Corporation, and that said instrument was signed and sealed on behalf of said authority and resolution of its City Council and said Mayor and Cit, instrument to be the free act and deed of said Municipal ;o~C voluntarily executed. Pubhc in and for ounty Iowa STATE OF ) . ) SS COUNTY OF ) On this ~ day of ' ., before me the undersigned, a Notary Public in and for said County, in saidpersonally appeared and , to me personally known, who, being by me duly sworn, did say that they and of Owens-Brockwa' and that said instrument was signed on behalf of said said and , as such the execution of said instrument to be the voluntary act and deed , them voluntarily executed. Notary Public t and for said County and State -21- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of johnson, State of Iowa, more particula~y described as follows: Beginning at the 31 of Scott-Six Industrial Park, with the Plat there~ Plat Book 38, 7, of the Records of the Johnson Recorder's S62°09'30"E along Lot 32 of said: 66.00 feet: S27°50'57"W, 347.95 feel S47°25'39"W, a point of the Ri Thence Northwesterly 70.59 said Ri of Independence Road concave Southwesterly, whose 66.59 to the Southern most along the Southerly Line of said distance of 32.16 feet; Thence N62°09'30"W, 91 a Point on the Westerly Line of said Lot 31; Thence N 11c38 "E, along said Westerly Line, 265.53 feet; Thence N00' P'W, along said Weste~y Line, 300.19 feet to the Comer thereof; Thence S62°09'30"E, alon 660.39 feet; Thence S27°50'30"W, along sm 100.00 feet; Thence S62°09'30"E, along s,' 145.00 feet; Thence N27°50'30"E, along ...............100.00 feet; Thence S62°09'30"E, alon said Northerly Line, ~98.31 feet, to the Point arcel of land 13.25 acres, more or / / / / / EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of a new manufacturing and ancillary uses facility building of at least 60,900feet, together with related site preparation, utilities, landscaping and signage. DLILLEBO\294997M~I0714.067 B-1 10-08-01 Prepared by: Ron Knoche, St. Civil Eng., Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 01-323 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CiTY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the rd Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 23 day of October, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 23~d day of October, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 8~:h day of October ,20 01 Resolution No. 01-323 Page 2 It was moved by Vanderhoef and seconded by W1 ] burn the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab ~ Vanderhoef X Wilbum Prepared by Lisa Mollenhauer, Admin. Asst. to the City Manager, 410 E Washington St, Iowa City, IA 52240, 356-5010 RESOLUTION APPROVING THE 2001-2002 DEER MANAGEMENT PLAN FOR IOWA CITY Resolution No. 01-324 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, properly owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Deer Task Force 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 2001-2002 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 2001-2002 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 8th day of 0ctobe~' ,2001. Appbr~~ A EsT: CI City Attorney's Office It was moved by Champion and seconded by 0'Donne]'l the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn REPORT OF THE 2001-2002 Iowa City Deer Task Force 2001-2002 Plan (found on page 4) approved y the Deer Task Force on September 10, 2001 :~ ,'~'4;~ ~i~ 410 ~ ~a~i~9~e~ $~l Iowa City, IA 52240 (319) 356-5010 TABLE OF CONTENTS DEER TASK FORCE ................................................................................................................................................................1 LONG-TERM DEER MANAGEMENT PLAN ......................................................................................................................2 INTRODUCTION ......................................................................................................................................................................3 2001-2002 DEER MANAGEMENT PLAN .............................................................................................................................4 DETERMINING THE NUMBER OF DEER TO BE KILLED IN 2001-2002 ...................................................................... 5 Populaaon Surveys .............................................................................................................................................................5 DNR Projections .................................................................................................................................................................6 Recommended Number of Deer to Kill ...............................................................................................................................7 SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED ................................. 7 No Lethal Action .................................................................................................................................................................7 Control of Deer Reproduction via Contraception and Sterilization ...................................................................................8 Trap (or Dart) and Relocate ...............................................................................................................................................8 Bow Hunting .......................................................................................................................................................................9 Trap and Kill ....................................................................................................................................................................10 Sharpshooting ...................................................................................................................................................................10 TRAFFIC SAFETY ISSUES ................................................................................................................................................12 Deer- Vehicle Accident Statistics .......................................................................................................................................12 Reflectors ..........................................................................................................................................................................12 Traffic Speeds ...................................................................................................................................................................12 EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE ........ 13 Completed and Current Projects ......................................................................................................................................13 Ideas for Future Consideration ........................................................................................................................................14 HISTORY OF DEER MANAGEMENT IN IOWA CITY - 1997-2001 .............................................................................. 15 1997-1998 .............................................................................................................................................................................15 1998-1999 .............................................................................................................................................................................15 1999-2000 .............................................................................................................................................................................16 2000-2001 .............................................................................................................................................................................16 COMMONLY-ASKED QUESTIONS AND TASK FORCE ANSWERS .......................................................................... 18 ATTACHMENT A - DNR PROJECTED NUMBER OF DEER TO BE REMOVED ...................................................... 22 ATTACHMENT B - WHITE BUFFALO SUMMARY REPORT ..................................................................................... 24 DEER TASK FORCE Members Pat Farrant (Chair) Janet Ashman Linda Dykstra Paul Emerson Harold Goff Lezlie Hall Steve Hendrix Nancy Menning Pete Sidwell Responsibilities To annually recommend to the City Council a Deer Management Plan that meets the goals of the Long- Term Deer Management Plan. To that end, members should review data (population count, deer- vehicle accidents, reflector effectiveness, previously-implemented population control programs, herd health), review current and recommend future educational tools, review and consider all non-lethal and lethal management methods, and recommend appropriate action. The members of the 2001-2002 Iowa City Deer Task Fome acknowledge that we are not wildlife specialists, traffic engineers, mathematicians, or politicians, but rather citizens who have come together to address an important matter facing our community. We developed this plan after researching options for deer management, considering documented evidence, gathering information about other communities in comparable situations, receiving advice from the Iowa Department of Natural Resources, listening to the opinions and experience of fellow citizens, and exploring our perceptions of the kind of plan likely to be both accepted by and effective for the community. We believe it is unlikely that every component of any deer management plan would be accepted by every member of the Task Force or every resident of Iowa City. This plan is a compromise, the product of our attempt to understand and respect many different voices. City of Iowa City Advisors Department of Natural Resource Advisors Ron Fort Tim Dorr Misha Goodman Jim Jansen Lisa Mollenhauer Willie Suchy Tim Thompson Joe Wilkinson LONG-TERM DEER MANAGEMENT PLAN 1. The City of Iowa City will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. The City's comprehensive management plan will be included. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, and government television programs. 2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer accidents. The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. 3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to persons or property, the City Council has set the maximum deer population density to be thirty-five (35) per square mile per City-designated management district. Actual numbers are to be collected via helicopter count. 4. In order to implement its long-term population goal of thirty-five (35) deer per square mile per management district, the City of Iowa City formally requests that the Natural Resource Commission approve a rule establishing a special deer population management area for Iowa City to the following conditions, limitations, and procedures: a. The special deer management area is defined as all public and private land in Iowa City as designated by the City Council of Iowa City. b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may occur between September 1 and February 28. (1) The City is allowed to utilize sharpshooting with centerfire rifles for the lethal removal of deer. Bait may be used to attract deer to the sites. The City shall determine locations, training, and all other conditions for the sharpshooting activities. The City shall also comply with all applicable state laws. (2) The City is allowed to utilize City personnel to use baited traps to capture and kill deer in locations determined by the City Council. (3) All deer killed by sharpshooting and/or trapping operations are to be processed for human consumption and distributed free of charge. Processing lockers participating in the plan will be allowed to keep and utilize the deer hide. (4)No licenses will be required for the City and no fees will be charged. c. The City will initially utilize sharpshooting over bait and trap-and-kiU to reduce the number of deer in each management district to the goal of 35 deer per square mile. By the end of the initial reduction plan, it is projected that the deer population will be to a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non-lethal methods to maintain deer numbers but recognizes that killing of deer may be necessary to maintain the population goal. 5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and projected). management options, and to recommend methods to kill deer. Any or all legal lethal methods available (currently consisting of sharpshooting, trap-and-kill, and bow and arrow hunting) may be utilized after the initial reduction plan if the method(s) meet the following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in maintaining the desired number of deer. 6. Task Force recommendations must be approved by the City Council following public hearing prior to initiation of City management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources and, if necessary, the Natural Resource Commission for authorization to implement. 03/05/98 Approved by Deer Management Committee 03/10/98 Appmved by City Council 06/26/01 Affirmed by Deer Task Force 07/09/01 Affirmed by City Council INTRODUCTION The members of the 2001-2002 Iowa City Deer Task Force affirm our concurrence with the goals of the City's Long-Term Deer Management Plan. We agree that deer management within the city limits is a necessary duty of the City to maintain the health of the herd, to prevent irreparable damage to plant and animal life in the ecosystems of the natural areas in the City, to protect citizen safety and welfare, and to prevent major deer damage to public and private property. Because managing deer-human-ecosystem interaction is an ongoing process, each year the City must gather information and evaluate the outcomes of the implementation of the long-term plan. As have previous committees, we value the presence of deer in the city limits and are recommending a number of ways to encourage citizens to become better educated about ways to coexist with deer. We do not recommend total elimination of deer in the city limits. But it is clear that the number of deer in some areas may endanger human lives because of deer/vehicle accidents, cause destruction of landscaping and yard plantings, and further disrupt already altered ecosystems. Natural habitat for many types of wildlife in the Iowa City area is being continuously reduced as previously rural land is developed for housing and commercial purposes. In a natural setting, the size of a deer population depends on food sources, predators, hunting, and wildlife management practices. Inside the city limits, deer have an abundant supply of food and no natural predators. Starvation and disease will have little effect on the deer population. For these reasons, by unanimous agreement, the Task Force determined it is necessary to kill deer during the winter of 2001-2002. We concluded, after careful review of lethal and nonlethal management options, the most preferable means to reduce the size of the herd is by killing via sharpshooting. To arrive at this consensus, we considered the costs, legality, risks to humans, and humaneness of each method of killing. For purposes of this discussion, we agreed that a death that is instantaneous and therefore, presumably painless, is humane. We also agreed the City should pursue a number of other nonlethal methods, discussed in subsequent sections of this report. 3 200'1-2002 DEER MANAGEMENT PLAN It is the unanimous recommendation of the 2001-2002 Iowa City Deer Task Force that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2001-2002 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 City Channel 4 and the City web site (www.icgov.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 maintain appropriate warning signs and reflectors designed to reduce the likelihood of vehicle-deer accidents. To further minimize deer-vehicle conflict, Council will direct staff to consult with a qualified professional to evaluate feasibility of passageways (tunnels) under roads in planning and designs for transportation improvement projects. The City will also investigate the availability of federal funds for including such passageways in eligible transportation projects. 3. The Task Force will work with City Planning staff to establish effective procedures for timely assessment of the impact of annexations and potential development on wildlife. 4. 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. 5. 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. 6. The City will immediately apply for permits from the DNR to implement a plan to kill no more than 325 deer within the Iowa City corporate limits, by sharpshooting, during the winter of 2001-2002. a. To enhance understanding of deer reproductive rates, in cooperation with the DNR, the sharpshooting agency, and meat processors, the City will allow reproductive necropsies 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 the most humane methods available, and arrange for free distribution of processed deer meat. 7. 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 applicable DNR regulations. 8. 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. 9. The Task Force will evaluate the effectiveness of this Deer Management Plan during the summer of 2002. A report will be filed with the DNR. Approved by the Deer Task Force September 10, 2001, by a vote of 6-0 (3 absent). Approved by the Iowa City City Council on I O/~/O I ,2001, by a vote of DETERMINING THE NUMBER OF DEER TO BE KILLED IN 2001-2002 For deer management purposes, the most commonly-accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the '1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-34 deer/square mile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Since deer populations generally tend to increase by approximately 30% each year, approximately 30% of a given population must die or be killed annually if that population level is to remain stable. The number of deer being recommended for killing in various areas within Iowa City takes into consideration the number of square miles in each area and allows for 35 deer per square mile. For example, the Hickory Hill/ACT area consists of 2 square miles, so up to 70 deer could conceivably live there without causing widespread damage to that ecosystem. Population Surveys To estimate as accurately as possible the number of deer in the city limits, the City has conducted four helicopter surveys (January of 1997, 1999, 2000 and March 2001 ), Chart 1. Summary of Population Surveys 1-31 Deer/ t-19 Deer/ 1-24 Deer/ 3/17 Deer/ Area Description Dlst Acres Sq, t997 Sq. 1999 Sq. Killed 2000 Sq, Killed 2001 Sq. Mile Deer Mile Deer Mile Deer Mile Deer Mile W of Dubuque S~/N of 1-80 1 230 0.360 NA NA NA NA 15 NA NA 2 6 17 Peninsula 2/3 590 0.922 69 75 154 '167 208 81 88 74 33 30 DubuqueSt toDodgeSt 4/5 780 1.219 78 64 90 74 57 99 81 123 39 32 Dubuque St to Hwy I 6 560 0.875 37 42 60 69 -- 74 85 -- 64 73 (N of 1-80) HickoryHill/ACT 7 1280 2.000 65 33 t27 64 102 140 70 122 38 '19 SEIowaCity 10 720 1,125 NA NA NA NA -- 7 6 -- 9 8 IowaRiver(S) 11/12 720 1,125 11 10 t5 13 -- 48 43 19 42 37 Finkbine (U of I) 16 370 0.578 6 10 31 54 -- 48 83 -- 24 42 Willow Creek 17 280 0.438 3 7 0 0 -- 4 9 -- 0 0 Manville Heights 20 500 0.7~1 NA NA NA NA -- 6 8 -- 3 4 6030 9423 269 38 477 67 382 507 56 340 258 27 7.157 mi 7.t57 ml 9.063 mi 9.423 mi (shade = areas where sharpshooting occurred) Between 1997 and 1999 - 77% increase in areas counted. Between 1999 and 2000 -4% increase in areas counted. Between 2000 and 2001 - 50% decrease in areas counted. * 03/17/01 - 99 deer were counted in "East Clear Creek," an area that includes properties under several jurisdictions (Iowa City, Coralville, and The University of Iowa) [1.39 sq. mi. with 71 deer per square mile.] Deer count conditions were as follows: January 31, 1997 Surveyors: Tim Thompson and Dale Garner (DNR) Navigator: Ron Fort (iowa City Police Depadment) Conditions: Temperature 45 degrees F, wind 15 to 30 mph SW, sky clear end sunny, snow cover 5" and melting Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 269 total deer January 19, 1999 Surveyors: Tim Thompson and Dennis Proctor (DNR) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature 28 degrees F, wind 3-7 mph W, sky clear and sunny, snow cover 1-2" new snow on top of 10" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 477 total deer January 24, 2000 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature -2 warming to 25 degrees F, wind 10 mph S, sky clear and sunny, snow cover 1" new snow On top of 6" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 507 total deer March 17,200'l Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) Conditions: Temperature 20-25 degrees F, wind still, sky clear and sunny, snow cover 8" new snow Technique: Parallel backhand-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 258 total deer in Iowa City (with an additional 99 in East Clear Creek) DNR Projections In April, 2001, the Task Force requested that the DNR provide a projection of the number of deer that must be killed in 2001-2002 to continue the progress being made toward the goal of 35 deer per square mile by area established by the Long-Term Deer Management Plan. In making such projections, the DNR typically assumes 30 deer per square mile to allow some flexibility so areas are not constantly stressed with the maximum number of deer. The recommendations the DNR provided (see Attachment A) indicate the number of does to be killed. In an urban management program, it is typical that one buck is killed for every three does killed. 6 Recommended Number of Deer to Kill Based on the 2001 helicopter population survey and the projections provided by the DNR, the Task Force developed the following killing guidelines for winter 2001-2002: Chart 2. Recommendations Area Area # Does to Kill Deer to Kill* Peninsula 2 & 3 20 27 Dubuque St to Dodge St 4 & 5 25 33 Dubuque St to Hwy 1 (N of 1-80) 6 80 106 Hickory Hill/ACT 7 10 13 Iowa River South 11 & 12 30 40 East Clear Creek --- 80 106 Total i 245 325* * Note: "Deer to Kill" is the total number (based on DNR projections) of deer that must be killed to reach the level of 30 deer per square mile in one year. It is not the "goal" for number of deer to be killed during Winter 2001-2002, but rather the maximum number. We computed these numbers by increasing the DNR recommendations for numbers of does to be killed (245) by approximately 33% (80) to account for the number of bucks that typically are killed in the process of killing the recommended number of does. It is important to keep in mind that these are estimates, not precise figures. The East Clear Creek and Dubuque Street to Hwy 1 (District 6) areas include properties under the jurisdictions of Iowa City as well as properties under neighboring jurisdictions (Coralville, The University of Iowa, and Johnson County). Under this plan, sharpshooting activities will occur only within the Iowa City corporate limits. The Task Force recognizes that attainment and maintenance of population goals in these areas will require cooperation among these jurisdictions. The Task Force affirms its desire and willingness to coordinate our activities with those of other jurisdictions. Reduction of the herd to the level established in the Long-Term Deer Management Plan will be an angoing activity, and its complexities require constant evaluation. The Counci~ relies on the Task Force for the information needed each year to make decisions regarding management of the herd. But, even with aerial counts, no one can determine exactly how many deer are inside the City limits or how many will survive and reproduce after each year's count. Survival variables include weather, traffic speed and volume, available forage, disease, reproductive rates, the success of killing activity by area, the degree of harassment by activists and others during shoots, development of land, deer movement, and willingness of residents to allow deer to be killed on their property. We recommend that, as it was last year, deer meat be processed and djstributed free of charge. If requested, reproductive necropsies should be conducted to increase our knowledge of the deer herd. SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED No Lethal Action The Task Force considered the option of recommending that no specific lethal action be taken this year to continue management of the deer population in Iowa City. After discussing a wide range of issues, listening to citizen comments, studying the effects of the 2000-2001 sharpshoot, and considering the impact of nonlethal activities that have been undertaken during the past several years, the Task Force rejected inaction as a management method. Control of Deer Reproduction via Contraception and Sterilization Most studies of the effectiveness of contraceptives with deer have been conducted on populations living in enclosed or confined areas, not with frae-ranging deer. Because of drug safety issues, the FDA has not yet approved the use of immunocontraceptives on free-ranging deer. The Task Force reaffirms its interest in the progress and results of tests using immunecontraception and recommends the City continue to investigate the feasibility of a pilot project in our area. The Task Force has also agreed to research the possibility of deer population control through sterilization and release programs that are similar to techniques being used to humanely manage colonies of feral cats. Trap (or Dart) and Relocate The Task Force assumed the use of a box trap. Is it humane? A properly-constructed trap is unlikely to injure deer. If the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from its stay in the trap. To minimize trauma in transport, trapped animals must not be held for long prior to transport. Even with prompt transport, experience with trap and relocate methods suggests that a 4% mortality rate is to be expected during transport, 26% delayed mortality due to stress induced by the experience, and between 58% and 85% mortality in the following months. At this time, trap and ralocation of deer cannot be considered humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? No, considering the high mortality rate of transported deer and the fact that few sites in the Midwest have the combination of adequate habitat, low deer population, and willing human stewards this method requires. This method is selective; if only does are to be relocated, bucks caught in a trap may be easily released. Dart and relocate was considered briefly. We find no distinction between trapping and darting when relocation is the goal, since the results of relocation are the same, and conclude trap/dart and relocate is not effective. What does it cost? The cost depends on trap placement and deer population. Frequency of trap monitoring adds uncertainty. In the late 1990s, North Oaks, Minnesota reported a cost per deer capture of $131. Urban trapping for live release has been reported to cost, per deer, $113 in Wisconsin and $800 in Long Island. Total costs, including transport, have been reported in the $300 to $1,000 range. Highland Park, IL, reported a cost of $3,074 per deer to relocate 20 deer. Eight months after transport, 11 of the 20 were reported dead. Frequent trips with small numbers of deer are more humane but more expensive. The cost of trapping by dart is comparable to the cost of sharpshooting. Is it legal? The Iowa DNR does not recommend trap and relocate for deer, although it is currently used for dealing with waterfowl and small animals. Relocation of wild deer to private ownership is not currently legal in Iowa. 8 Task Force Conclusion The Task Force does not view trap and relocate as an option because of high mortality, the possible high cost, and lack of areas to relocate deer. Bow Hunting Suggested regulations for bow hunting in urban areas assume the hunter shoots from a fixed stand, waiting there until the deer comes to the hunter. Stalking or driving deer is not permitted. While the use of elevated stands is common, it is not required. The Task Force assumed the imposition of strict hunter education and certification standards such as have been adopted in Waterloo/Cedar Falls and Coralville in addition to regulations governing hunter behavior. Such standards address some of the more severe criticisms of the humanehess and effectiveness of bow hunting. Is it humane? Bow hunting rarely leads to instantaneous death. Estimates by hunters indicate that bow hunting cripples more animals than gun hunting. A crippling injury is defined as one which does not kill, and after which the hunter fails to find and kill the injured animal. The Waterloo/Cedar Falls and Dubuque experiences suggest a significant degree of success. Recent studies appear to confirm the belief that crippling rates from bow hunting in relatively cramped settings such as those encountered in urban deer management are indeed lower than the crippling rates reported for bow hunting in general. The only scientific studies the Task Force found to review were conducted by bow-hunting advocacy groups or funded by archery-related industries. Is it safe? Evidence indicates that urban bow hunts pose very little risk to people. No evidence of injury to humans appears in any of the programs reviewed. Is it effective? It can be, assuming that sufficient numbers of hunters are willing to comply with the additional regulations governing hunting within city limits. In a recent year, hunters killed 74 deer inside Dubuque city limits and an additional 98 in the area surrounding the city. However, in areas where killing of large numbers of deer is recommended, bow and arrow hunting alone would be ineffective in reducing the population. Bow hunting is moderately selective. The hunting season is before the bucks shed their antlers, so gender is fairly easy to determine. Hunting traditions place a high value on killing older bucks--the so-called trophy bucks with large, many-branched antlers. This is of little use if population control is the goal. If bow hunting is to be used as an effective component of a population control plan, hunters must be induced to kill does. What does it cost? The costs of a DNR-administered hunt are largely borne by the individual hunters who, through license fees, pay for the cost of regulating the hunt. These costs are partially offset by the value of the meat taken. DNR generally relies on individual hunters to police other hunters. The cost to the City would be minimal. Is it legal? Yes, according to State law. However, the City of Iowa City prohibits bow hunting within the City limits. 9 Task Force Conclusion The Task Force does not recommend bow hunting as an option for killing in the 2001-2002 Iowa City Deer Management Plan. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in lowa City's management plan. Efforts will be made during the winter of 2001-2002 to receive Iowa City resident feedback on the incorporation of bow hunting into future Iowa City deer management plans. Trap and Kill The Task Force assumed the use of a baited box trap or modified clover trap. Trapping is typically done in mid to late winter. Deer are killed by gunshot to the head; deer meat so acquired is suitable for human consumption. Is it humane? If a trap is properly constructed and checked frequently, deer are unlikely to suffer significant trauma while in it. The killing methods assumed are instantaneous and therefore humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? Yes, but only to remove small numbers of deer. As with trapping and relocation, this method is selective. Deer may be released if they are not of the desired age and sex. Dart and kill was briefly considered. The cost of darting is approximately the same as sharpshooting; meat from daded animals is not considered fit for human consumption. What does it cost? Costs depend on trap placement, deer population, and weather conditions. The sometimes- complicated Iogistics of regular trap monitoring add complexity to this method. In the date 1990s, North Oaks, MN, repoded a cost per deer capture of $I31, not including carcass disposal or processing. Minnetonka, MN, reported total costs of $209-$214 per deer, including meat processing. Is it legal? The DNR has authorized use of box traps for the killing of deer in Iowa City. Task Force Conclusion The Task Force does not recommend use of trap and kill. With the high number of deer recommended to be killed, the costs and staff time associated with trap and kill would not justify the number of deer killed. Sharpshooting Sharpshooting has been used in many residential areas and parks to control deer populations and has been the kill method recommended by the Task Force and approved by the City Council over the past four years. A brief period of sharpshooting was performed in January of 1999 by the U.S. Department of Agriculture (USDA), before a lawsuit halted the project. To conduct the sharpshoot approved for 1999- 2000 and 2000-2001, the City contracted with the firm of White Buffalo, Inc. High-powered rifles are the weapon of choice for sharpshooting. Sound suppression devices were used by the USDA in 1999 and by White Buffalo, Inc. staff in 2001 but not by White Buffalo, Inc. staff in 2000 because, at the time, it was illegal for a private person to possess a suppressed weapon in the State of Iowa. As of July 1, 2000, suppressors could be used in Iowa by a person shooting a deer 10 pursuant to a state-approved deer management plan, if the person has a valid federal permit for the device. Also effective July 1, 2000, a shooter need only get permission of the owner or tenant to discharge a firearm during a sanctioned sharpshoot if the shooter is within 50 yards of an inhabited structure. The prior law prohibited the discharge of a firearm anywhere within 200 yards without permission. The City requested the legislature make these two changes to the Iowa Code in order to facilitate future sharpshooting in more developed areas. In a professional sharpshoot, shooting sites am selected based on safety and access to deer. An appropriate site includes an orientation relative to the bait station so that shooting occurs from an elevated location (e.g., a tree stand or from the top of a ridge), which directs the bullet in a downward trajectory. Site preparation, consisting of clearing underbrush and pro-baiting, lasts for several weeks. Shooters typically work at night using adificial light. Is it humane? A high-powered rifle can cause instantaneous death; from this point of view, no method of killing is more humane. Of all weapons for killing at a distance, high-powered rifles are the least likely to inflict an inhumane wound, one that cripples, or kills slowly. The likelihood of such injuries is reduced even more by using trained sharpshooters and a bait station to attract and hold deer for the kill. Is it safe? All evidence indicates that urban sharpshooting poses little risk to people. No evidence of injury to people or properly was reported in any of the programs we reviewed. Is it effective? Assuming there is appropriate access, yes. Studies have shown, and DNR advisors concurred, that sharpshooting is more effective at reducing larger numbers of deer than bow and arrow hunting. What does it cost? The City contracted with the USDA in 1998, and the USDA killed 22 deer at a cost of $3,850. Ruzicka's Locker charged $35 per deer to field dress and process the meat into 5 Ib packages. In 1999, the City contracted with the private firm of White Buffalo, Inc. White Buffalo, Inc. killed 360 deer. Costs incurred were approximately $72,000, including $69,300 to White Buffalo, Inc. for labor and reimbursable expenses, and about $2,500 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $45 per deer to field dress and process the meat into 1 Ib and 5 Ib packages. The Salvation Army received Community Development Block Grant funding to help defray processing and storage costs. In 2000, the City again contracted with White Buffalo, Inc. White Buffalo, Inc. killed 342 deer. Costs incurred were approximately $109,400, including $96,400 for labor and reimbursable expenses and about $13,000 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $50 per deer to field dress and process the meat into 1 Ib and 5 Ib packages. The Salvation Army again served as the main distributor to individuals and agencies. Is it legal? This method involves night shooting over bait, with lights and high-powered rifles. The DNR has approved sharpshooting as a method authorized for the City of Iowa City. The City must petition the Natural Resource Commission each year to be eligible to utilize sharpshooting. To assist deer management programs, the Iowa legislature amended the Code in spring 2000 to allow sharpshooters to use devices to decrease the sound and to permit shooting within 50 yards of an inhabited structure, with the owner's permission. Task Force Conclusion The Task Fome recommends sharpshooting as the most effective, efficient, and humane method to continue to make progress toward the population goals established in the Long-Term Deer 11 Management Plan. The Task Force recommends White Buffalo, Inc. be engaged this year to conduct the sharpshoot. All public grounds should be assessed for safe and appropriate shooting sites. Private properties should be allowed as sharpshooting sites with the permission of land owners and occupants and in conformance with all laws, regulations, and safety concerns. The contractor engaged to conduct the sharpshoot must arrange with property owners and occupants for use of their land. TRAFFIC SAFETY ISSUES Deer-Vehicle Accident Statistics The Iowa City Police Department is responsible for collecting deer-vehicle accident information. The Department prepares maps showing locations and dates of accidents reported from 1996 to the present. They are available for review at the City Manager's Office. The deer-vehicle accident reporting process has improved beginning with the 1999 report. Each accident is assigned a reference number and the date, time, location, property damage amount, and miscellaneous comments are included. Accident victims are mailed a questionnaire to return to the City indicating information such as age of driver, weather conditions, speed, etc. to better our understanding of deer- vehicle accidents. Chart3. Deer-Vehicle Accidents 1996-2000 Number Number in Reflector Reported~ $ Damage Estimate2 Areas3 1996 15 N/A 2 1997 31 $32,505 7 1998 50 $58,870 4 1999 103 $116,273 26 2000 80 $110,833 25 1 Includes deer reported dead along roadways (vehicle left scene of accident). 2 Damage estimates by police staff, not certified repair personnel. Estimates over $1,000 require claimant and police to file special state report. 3 Time of accident and position and maintenance of reflectors influence effectiveness. Reflectors Reflectors were installed on Dubuque Street (38 posts) in September 1994 and N. Dodge Street (152 posts) in spring 1997. Construction began on N. Dodge Street in summer 1998, temporarily displacing many reflectors. Additional reflectors were added to N. Dodge and Dubuque Streets, and a new system installed on Rochester Avenue in spring 2000. Effectiveness of reflectors is yet to be determined. It is important to keep in mind they are designed to work only when vehicle lights are in use. They also require diligent regular maintenance. Traffic Speeds In a meeting with the Task Force in 2000, Jeff Davidson (City Assistant Planning & Community Development Assistant Director and JCCOG Transportation Planner) explained the speed a motorist travels is primarily a function of comfort level, not of the posted speed limit. Eighty-fifth percentlie speeds are th measured; 85 percentlie indicates the general comfort level of drivers and is generally used for determining appropriate speed limits. Speed limits should be set so there is compliance by most motorists; otherwise, they create an enforcement problem for police. Artificially low speed limits are not only difficult to enforce, they may also create general disrespect for speed limits, including those in areas where lower limits may be particularly appropriate. On Dubuque Street, the average speed was 39.5 miles per hour in the 35 mph zone; the 85th percentlie speeds were 42 mph. On Rochester Avenue, two locations were studied. On the eastern portion, 85th 12 percentlie speeds were 33 mph. Further west, 85th percentlie speeds were 42 mph. As a result, the City concluded that the current limits are appropriately set at 35 mph. In light of this information, we concluded that reducing limits below 35 mph would not reduce actual driving speeds. It should be noted that we found no studies that relate the incidence of deer-vehicle accidents and vehicle speed (for speeds in the 25 to 45 mph range). In 1999 and 2000, the City mounted a defensive driving campaign during October and November, when deer-vehicle accidents are more frequent. Media releases prompted adicles, display ads were run, and a sequencer on City Channel 4 warned drivers to be alert. Recommendations: Because of the high number of deer-vehicle accidents, the Task Force recommends the City: · Continue to assess the desirability of installing additional reflectors in high-incidence areas. Since maintenance of the reflectors is essential to their effectiveness, the Task Force is pleased the City has agreed to commit resources to reflector maintenance and asks that this support be continued. · Continue to monitor developments in the area of road signage so Iowa City regularly uses the most up- to-date and innovative signage technologies on the market. · Agree to thoroughly assess, during design and planning phases of new road and road improvement projects, the impact these projects may have on deer migratory paths and, if appropriate, to include passageways under roads for deer in such projects. EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE Completed and Current Projects The City has undertaken a number of steps toward nonlethal management: · Requested the Humane Society of the United States (HSUS) to consider Iowa City as a deer contraception test site. · Began a series of Deer Issues Listening Sessions at which residents can convey to Task Force members and each other their opinions about and experience with Iowa City's deer. These sessions were taped for broadcast on the City Channel. Topic for Winter 2001-2002: management options. · Began updating the brochure explaining Iowa City's approach to deer management and emphasizing methods to help residents devise strategies for living with deer. · Utilized the City's website and City Channel 4 for disseminating information. The Task Force recommends continued expansion of both forums. · Participated in classroom discussions, presentations, and radio call-in programs. · Installed additional reflectors as well as five warning signs. Upgraded warning signs with the highest quality of reflective material available. The City will continue maintenance of these systems. · Worked with media on defensive driving campaign during high deer/vehicle accident incidence time of year. · Completed a consultant-assessment of impact of N. Dodge Street improvements on deer. An under-passageway is being considered. · Made available for checkout and began broadcast of "Whitetails at the Crossroads," a deer management educational video. · Began planning for production of a video on deer-traffic issues. · Plan to host seminars on gardening, landscaping, and wildlife (joint project with IC Landscaping). · Plan to provide information, etc., at Parade of Homes, Project GREEN and business fairs, Chamber office. 13 Ideas for Future Consideration we have developed a long list of possible initiatives for nonlethal management of the interactions between Iowa City deer and Iowa City people, drawing on our own discussions, resident comments, correspondence, and the listening sessions. Here is a working draft of that list, which will continue to guide our deliberations about nonlethal deer management: · Alter City landscaping requirements in areas likely to be subject to deer damage. · Gather and consider information on experience with deer contraception/sterilization projects across the country. · Produce educational video. Could deal with practical or 'philosophical' issues. Provide copies for checkout at libraries, broadcast on City Channel 4. · Expand information on City web site. More resources. More links. · Adopt-a-reflector system or City staff assignment to assure continuous maintenance. · Presentation by Harlo Hadow (Biology Department, Coe College) about results of student project on deer reproduction and health. · Presentation by HSUS staff or others on immunocontraceptives or other reproductive control project. · Information sharing with comparable communities. · Add a 'deer resistant' garden to the Project GREEN Garden Tours, other gardener activities. · Host presentations by landscapers, professional gardeners about deer-resistant strategies. · Promote safe driving through campaigns on TV, in newspapers--particularly in May and October/November. · Provide newspaper/TV/radio features on timely deer-related issues (traffic, plantings, etc.). · Visit deer-resistant gardens. · Host gardening seminars (present live, rebroadcast on public access TV) 14 HISTORY OF DEER MANAGEMENT IN IOWA CITY - 1997-2001 1997-1998 In response to citizen complaints, in 1997 the City Council established a Deer rvlanagement Committee to recommend a management plan. Council appointed members representing the following interests: Iowa City staff, Iowa City/Coralville Animal Shelter, Iowa City Police Department, hunters, Project GREEN, residents of areas heavily populated with deer, residents of areas not heavily populated with deer, animal protection, science/nature/biology, Iowa Wildlife Federation, City of Coralville staff, residents of Coralville, and Johnson County Board of Supervisors. The Committee divided the Iowa City/Cora~ville community into twenty Deer Management Areas, using natural and constructed barriers as lines of division and taking into consideration the ability to implement management techniques in each area. After reviewing the size of the deer population, numbers of deer-vehicle accidents, the deer management plans of other communities, comments from citizens, and advice from the DNR, the Committee recommended and Council approved a multi-component management plan. The plan consisted of initiating an education program, using reflectors and warning signs, consideration of deer when constructing/renovating arterial streets, and the killing of 180 deer by sharpshooting over bait and by trap and kill To arrive at consensus about killing methods, we considered the costs, legality, risks to humans, and humaneness of each method of killing. For purposes of our discussion, we defined a humane death as one that is instantaneous and painless. For deer management purposes, the most commonly accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the 1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-34 deer/square mile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Upon reviewing the 1997-1998 plan, the DNR rejected sharpshooting as an option for urban deer management. But after making a comprehensive assessment of Iowa City's situation, DNR officials concurred that bow and arrow hunting (a kill method that would be permissible) would not be an effective method to reduce the herd according to our guidelines. Staff recommended and, on February 12, 1998, the Natural Resource Commission approved, Iowa City's request to sharpshoot deer. City officials worked with legislators to amend the State of Iowa Code to allow the use of artificial light over bait for the purpose of urban deer management. There was not enough time remaining in the season to initiate a sharpshooting program for 1997-1998; however, a permit was authorized for September 1, 1998, through February 28, 1999. 1998-1999 On October 21, 1998, the Deer Management Committee resubmitted the original plan to the City Council for approval, setting the number of deer to be killed at 240, as a result of increases in the size of the deer herd. Council approved the plan on December 1. The City contracted with the USDA to conduct the sharpshoot. In the south Peninsula area, 19 deer (8 adult does, 6 fawn does, and 5 fawn males) were shot on January 20, and 3 deer (1 adult doe and 2 fawn males) were shot on January 21, 1999. All adult does were pregnant. On January 20, one deer was shot and dropped, but ran off and was not recovered. 15 A group of local animal rights activists backed by national groups filed a request in federal coud for an injunction against the USDA, thereby halting shooting activity until a federal judge could review the points of contention. The request for injunctive relief alleged that the USDA had failed to meet federal procedural requirements before the sharpshoot. The window of shooting authorization expired before mediation eventually settled the litigation. 1999-2000 The 1999-2000 Deer Management Committee met from April 21 through August 16, 1999, formulating a plan similar to the first two and increasing the number of deer to be killed to no more than 733. The Committee examined the credentials of three agencies that submitted proposals to conduct the sharpshoot. The Committee recommended and the City agreed that the sharpshooting contract should be awarded to White Buffalo, Inc., of Hamden, Connecticut. The 1999-2000 sharpshoot included a preliminary kill of 11 deer on November 9 to coordinate Iogistics. Extensive preparation of 29 bait sites took place between December 12 and 31. Between January 1 and January 11, White Buffalo, Inc. killed 349 deer by sharpshooting [215 females (60%) and 145 males (40%)/65 (18%) had visible antlers and 295 deer (82%) were antlerless. Including the 11 killed in November, 360 deer were killed and transported to Ruzicka's Locker in Solon for processing and packaging. Graduate students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Blood analyses revealed the incidence of Lyme antibodies in the samples studied was consistent with the statewide average of 5 percent. Deer meat was distributed to local residents by the Salvation Army. Approximately 6,600 pounds were distributed to 1,574 households (4,331 individuals), the Free Lunch Program (Wesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Crisis Center distribution is not included in the distribution figures. Qualifications for receiving meat included: Johnson County resident, collect meat only once a month, choose either but not both the Salvation Army or the Crisis Center as preferred pick-up location, and five pounds per family/one pound per individual. Recipes were provided with the meat. The City initiated an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, a brochure discussing Iowa City deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. Additional Streiter reflectors were added to the N. Dubuque Street and N. Dodge Street systems, and a new system was installed on Rochester Avenue. Deer warning signs manufactured with improved reflective material were placed at the beginning of the reflector systems aJong each traffic lane. In March, the City's website launched a deer information page including frequently asked questions, a listing of deer resistant plantings, a map indicating deer-vehicle accidents for 1999, and a public comment board. Content of the website will be expanded as the program progresses. After assessing the local situation, White Buffalo staff did not recommend Iowa City as a potential site for a contraceptive study at this time. The City requested a similar analysis and recommendation from HSUS. 2000-2001 The 2000-2001 Deer Management Committee met from June 19 through August 30, formulating a plan similar to the first three and increasing the number of deer to be killed to no more than 500. The Committee reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot in 1999-2000 as they indicated. Committee members felt comfortable with the manner in which they conducted their operation. Therefore, the Committee recommended and the City Council agreed that the sharpshooting contract should be awarded to White Buffalo, Inc., of Hamden, Connecticut. (See Attachment B for White Buffalo, Inc. Summary) Extensive preparation of 36 bait sites took place between November 27 and December 11. Sharpshooting took place between December 12 and December 22 and resumed again January 7 through January 18. During those periods, White Buffalo, Inc. killed 340 deer by sharpshooting. When using the 16 "first oppodunity" approach, the killing demographics are usually representative of the population as a whole. A total of 204 females (60%) and 136 males (40%) were killed. Seventy-six deer (22%) had visible antlers, whereas 264 deer (78%) were antlerless. Sixty male fawns were included in the antlerless grouping. Students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Results from those studies are not yet available. Deer meat was distributed to local residents by the Salvation Army. Approximately 15,000 pounds were distributed to 3,104 households, the Free Lunch Program (Wesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Recipes were provided with the meat. The City continued an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, an area on the City's web site containing deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. The Streiter reflectors were maintained. After assessing the local situation, White Buffalo staff again did not recommend Iowa City as a potential site for a contraceptive study at this time. The City continues to await a response from HSUS. 17 COMMONLY-ASKED QUESTIONS AND TASK FORCE ANSWERS Don't I have the right to enjoy the deer in my neighborhood or the park I visit? Absolutely yesr It has never been the intent of the Task Force to eradicate Iowa City's deer herd. I don't understand the discussion of a deer no-feed policy. If we can have bird feeders, why can't we feed cracked corn to deer in the backyard? Our desire to observe wildlife and to know they are present in our surroundings is understandable. However, the well-being of wild creatures is best maintained by watching from a distance and not by attempting to entice them to our immediate living area. Even bird feeders can have undesirable consequences if placement or poor maintenance alters migration timing, spreads disease, or causes an imbalance in species distribution. Given the large deer population in Iowa City, supplemental feeding is an invitation to negative deer-human interactions that further promote the call for lethal deer removal. Deer movement to and from a supplemental feeding site or salt block frequently involves street crossings and consequent automobile accidents. Concentration of deer at a feeding site causes increased browse damage, soil erosion, and excrement in the feeding area and on neighboring properties. Given their varied diet, it is wrong to assume deer will eat only the corn and ignore vegetation in the area. Routine backyard feedings alter deer behavior patterns such that they no longer fear humans. With repeated invitations to human surroundings, deer that should otherwise be shy and dispersed away from humans spend their time looking for handouts and tasty plantings in more densely developed areas. The desire to feed and view deer up-close should be tempered by the realization that this activity is a primary cause for deer-human conflicts. You can be assured that the deer will ultimately be the loser in these conflicts. A good general reference is Living with Wildlife, by the California Center for Wildlife; a Sierra Club Book, 1994. The book is available at the Iowa City Public Library. Why do we need to kill deer? Can't you recommend only nonlethal methods of managing the deer to prevent human-deer conflict and let nature take its course? Fortunately, nonlethal methods can assist in minimizing human-deer conflict; however, these methods appear to be less effective as the deer population increases. Unfortunately, nonlethal methods do nothing to stop the deer herd from increasing. What most experts--including those in animal welfare--tell us is if we allow nature to take its course, deer typically die from disease, starvation, cold weather, or stress. While such causes may be "natural," the Task Force did not view them as acceptable or humane as a means of population control in an urban setting. Unfortunately, in an urban setting, traffic accidents are the most common "natural" cause of deer death. What gives you the right to kill them? Deer in the State of Iowa do not belong to individual cities or residents. Rather, the State of Iowa has title and ownership of deer pursuant to Section 481A.2, Code of Iowa (1999). In order to kill deer, the City of Iowa City is required to obtain permission from the State of Iowa through the Natural Resource Commission. How can you justify the killing of deer without conducting scientific studies in Iowa City? This is a topic the Task Force discussed in length. Results of scientific studies conducted in other areas of Iowa, including Kent Park and the Coralville Reservoir, confirm the environmental impact of large numbers of deer. We did not believe we would "create new science" in Iowa City; it has been clear from the studies of other areas that results are consistent throughout the Midwest. Deer living in Minnesota, Wisconsin, Illinois, and Missouri eat approximately the same amount and types of vegetation as deer in Iowa City. 18 If no population control methods were implemented, what would likely occur to other plant and animal life in the city? The effect of deer on other plant and animal life depends greatly on the number of deer present and the length of time numbers stay at a given level. Although at even low levels (10-20 deer/sq. mi.), the effects on species composition of the plant and animal communities are measurable, they are quickly reversed when deer levels are reduced. At high levels (25 or more deer/sq. mi.), the effects over the shod-term are likely reversible; over the long term, however, many native plant species will be eliminated locally, and they will not likely reestablish even if deer numbers are reduced. In addition, animals, both vertebrate and invertebrate, that depend on those plants will be driven locally extinct. The result is a species-poor community consisting only of a few plants, often non-native, that are avoided by deer because of their thorns or distastefulness. For example, the area behind the Mayflower Apartments contained a full complement of spring flora species 25 years ago, but today nearly all non-woody vegetation between ground level and approximately 6 to 8 feet above ground has been eliminated. If you include killing as a part of deer management, aren't you going to have to kill deer every year? The Task Force recognizes that deer will probably need to be killed each year, particularly the first several years. A harsh winter, disease, or other factor may affect the number of deer to kill. If you kill deer, won't the remaining does just start having more fawns? When a deer population is decreased, there is a more abundant food supply for those remaining. In areas where deer have been underfed, such an increased food supply ieads to a higher birth rate. But this is not typical of Iowa, which has one of the highest deer reproductive rates in the nation. Seventy percent of first-year fawns become pregnant; each year, most adult does have twins and 10 percent have triplets. Iowa City's abundant natural and planted vegetation provides ample nutrients to sustain such a birth rate. It is doubtful that killing deer here will lead to a significant increase in the birth rate. Why don't you provide more educational programs and materials? It appears the most cost-effective method of educating the public is to respond to citizen requests for information by providing items such as a brochure. Information from the 2001-2002 plan will be available on the City's website. The Task Force is committed to regurarly recommend and develop new educational materials and resources. We also encourage all those interested in educating the public about ways to live with deer to do so. This effod does not necessarily have to be organized through the City. Can't the peninsula be preserved to provide a refuge for the deer in Iowa City? No. Deer frequently swim across the Iowa River and cross the highways to feed in other areas of town. Creating a safe haven for deer there would require fencing the peninsula and would eventually lead to destruction of all vegetation there. Are you killing deer on the peninsula because of the planned development? The City purchased portions of the peninsula in 1995 for $2,000,000, using general funds ($1.3m) and HUD Supplemental CDBG Flood Relief Funds ($.7m). The lower peninsula, situated in the floodplain, is already designed as both a natural woodland, prairie, and wetland park as well as a well field for the City's water supply. To reimburse the general fund, the 70-acre upper peninsula has been sold to a developer. The Peninsula neighborhood is intended to provide a well-designed and environmentally sensitive development in the special setting of land overlooking a natural park and the Iowa River. The goals of the project are to provide housing for a variety of types of households and people, to show how different housing types can be proximate to each other and succeed through careful design, to complete an urban neighborhood in an infill site, and to provide a model of an alternative to conventional subdivisions for the development community in Iowa City. The recommendation to kill deer on the peninsula was made without reference to planned development and, according to City staff, the planned development was made without reference to the deer. The 19 peninsula was one of the most appropriate areas to implement the reduction program because it has the highest number of deer per square mile and it provides several natural sites for sharpshooting. Why aren't you recommending that bow and arrow hunting be included in the plan, particularly since it is cheaper than hiring sharpshooters? A majority of members believe that sharpshooting is the most humane and effective lethal method of reducing Iowa City's large deer herd. The Task Force does not recommend bow hunting as an option for killing in the 2001-2002 Iowa City Deer Management Plan. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in Iowa City's management plan. Efforts will be made during the winter of 2001- 2002 to receive Iowa City resident feedback on the incorporation of bow hunting into future Iowa City deer management plans. We recognize that costs are minimal with bow hunting but believe the community finds sharpshooting a more acceptable method than bowhunting for killing deer for management purposes. Is sharpshooting safe? There is substantial evidence that sharpshooting is safe when appropriate regulations and procedures are followed. The 1999-2000 and 2000-2001 sharpshoots were conducted without any breaches of safety procedures and, in looking at other communities where sharpshooting has been utilized, we have heard no reports of injury or property damage. Won't I hear the sound of gunshots again this year? Possibly. As of July 1,2000, suppressors can be used in Iowa by a person shooting a deer pursuant to a state-approved deer management plan, if the person has a valid federal permit for the device. The agency recommended for 2001-2002 is authorized to use sound suppressors that will reduce some of the noise associated with firing of a weapon. What happens if sharpshooting activity frightens deer and they run across a busy street or the interstate, get hit by a vehicle, and someone gets hurt? Deer-vehicle accidents are already occurring. Sharpshooting activity on the peninsula, for example, was carried out at substantial distance from roadways. The use of suppressors further reduces the likelihood that many deer will startle and run. Most sharpshooting will occur in late evening and early morning hours, when traffic volumes are lower. Why do you think killing deer is an appropriate response to the complaints of residents whose gardens and ornamental plants are being eaten? Many of the people who have submitted comments in the past said they did not notice substantial damage to ornamental and garden plants until recently, as the deer population increased. Residents in areas of 0-25 deer per square mile are not complaining that their plants are being eaten. But those in areas with 70 deer per square mile are telling us deer are eating through plastic fencing and consuming plants thought to be toxic or very undesirable to deer. A single deer may consume seven pounds of vegetation a day, so it is obvious how the impact of deer is magnified as their numbers increase. How have other communities handled deer management? Programs for deer management vary widely. Communities we contacted in Minnesota, Wisconsin, Illinois, Iowa, Missouri, and New York have tried a variety of methods: · City officials implementing a plan without citizen input. · City officials appointing a citizens' task force to review options and recommend a plan. · Leaving the issue of killing deer up to the citizens via a non-binding referendum (it is interesting to note the residents voted to kill deer and the Council ultimately decided not to kill deer.) · Use of bow hunting only (both extremely regulated and nearly unregulated restrictions). · Use of sharpshooting only (local law enforcement, federal agents, or private contractors). · Use of a combination of methods to kill deer (bow hunting and sharpshooting). 20 The Task Force did not locate one community in which deer were not killed and the population stabilized or decreased naturally. One community in Illinois represented that they did not kill deer and were no longer having a "deer problem;" however, the surrounding communities were actively managing deer using an annual kill. When considering methods of killing deer, the Task Force has been guided by three criteria: public safety, community acceptance, and effectiveness in maintaining the desired number of deer. These criteria governed our choice of sharpshooting. Other communities in Iowa have utilized bow hunting as the killing method. Iowa City is the first community in Iowa to receive authorization from the State to sharpshoot. 21 ATTACHMENT A - DNR Projected Number of Deer to be Removed by Willie Suchy Wildlife Biologist, IDNR The simulations developed here are based upon the number of deer observed during the helicopters surveys conducted since 1997. The simulations assume that about 60% of the initial number counted were does and about 1/3 of the does were fawns. The annual cycle begins with dispersal and reproduction. Then the number of deer present after normal mortality through the end of December are calculated. Removals occur during January and February and are additive to normal mortality. Then the cycle repeats. Multiple simulations are made for each area to find a model that best "fits" the observed aerial counts. Table 1 lists the estimated number of does that need to be removed to reach (or maintain) the objective of less than 30 deer per square mile in I year. The simulations "fit" the counts observed on all areas reasonably well if the productivity data from the statewide model is used (See Fig 1). This is the same estimate of productivity that has been used the past 2 years to make the projections. Table 1. The number of deer that would need to be removed this year to reduce (or keep) the simulated populations below the goal of 30 deer / square mile. The number in parenthesis is a "higher" estimate based upon a more liberal estimate of the aerial deer counts for 2001. Deer Goal Deer Number of sighted (30 deer killed in does to Purpose of Area District Sq. Miles in 2001 per sq. mile) 2001 remove removals W of Dubuque & N of 1-80 1 0.36 6 11 2 NA (107) Maintenance Peninst~la 2&3 0.92 33 28 74 20 Maintenance Dubuque Street to 4&5 1.22 39 37 123 25 Maintenance Dodge Street Dubuque to Hwy 1 6 0.88 64 26 0 80 (11 O) Reduction North of 1-80 Hickory Hill/ACT 7 2.00 38 60 122 10 Maintenance IowaRiver(South) 11&12 1.13 42 34 19 30 Maintenance Clear Creek East 1.39 99 42 0 80 (110) Reduction Total 7,90 321 237 340 245 (300) In those areas where deer were killed in the last 2 years (Districts 2-5, 7, 11 and 12) populations are at or near the goal of 30 deer per square mile. The recommended removals are needed simply to maintain populations at that level for next year. The simulations indicate that if no removals are made this winter the number of deer in these areas would increase to above the goal of 30 deer per square mile by this winter. A continued maintenance removal is essential to keep numbers from quickly returning to previous levels. Because there are were no aerial counts of District I prior to 2001 there is no way to determine how well the simulations fit the counts. The estimate of 10 does to be removed should be considered as a starting point. The simulations also indicate that 80 to 110 does need to be killed in each of the 2 areas (District 6 and Clear Creek East) where no removals have taken place in the past 2 years. The range in the estimated number that need to be removed (80 at the lower end and 110 at the upper end) are a result of the variation observed in the aerial counts. Counts in 2001 declined in these areas after sharp increases in 2000. if the observed decline was real then the lower number would 22 be adequate to lower deer numbers. If the aerial counts were lower due to the fact that they were conducted later during the winter and some does had moved out of the area then the larger number of does may be need to be removed. The simulations will be updated as more information is gathered. Figure 1. Results of simulation of deer numbers in districts 2 and 3 (the Peninsula) using productivity from Kent Park model where doe fawns produce 0.95 fawns and adults 1.83 fawns. The simulation indicates the projected population with annual "maintenance" removals. 200 - ~ - - - Simulation I \ / \ · Aerial Counts / \ / ......... Goal 100 \ 1997 1998 1999 2000 2001 2002 2003 23 ATTACHMENT B - WHITE BUFFALO SUMMARY REPORT SUMMARY REPORT 2000-2001 Deer Management Program Iowa City, Iowa by White Buffalo, Inc. Site Descril~tion Iowa City contains a matrix of suburban/commercial development, agricultural fields, parks and open grasslands. As a result of no legal hunting opportunities and fertile soils, the deer population had increased to a level incompatible with some land uses and human activities. Although deer physical condition was not an issue, there was concern regarding numerous deer/vehicle collisions and damage to garden and landscape plantings. As part of the 2000/2001 comprehensive deer management program under the authorization of the Iowa Department of Natural Resources this is the second consecutive year in which an aggressive population reduction program was implemented. Deer Management Proclram Overview Initial site preparation and prebaiting were conducted from 27 November 2000 - 11 December 2000. Deer removal activities began on 12 December2000 and continued through 22 December. Operations resumed again 7 January 2001 and were completed 18 January 2001. During the 23-day removal period, 21 days of fieldwork were required to achieve the harvest of 340 deer. Field Methods We followed the operations protocol outlined in the contract and changes agreed to verbally prior to the onset of site preparations. Thirty-six bait sites were selected throughout the area of operation. Bait sites were shut down during the program as productivity declined. Four sites, 2 of which were in Manville Heights, were never used because they showed no sign of deer activity during the pre-bait phase. Two additional sites were determined inaccessible because of snow accumulations. Deer were shot on a first opportunity basis. This means that deer were shot only when, 1 ) a safe opportunity presented itself, and 2) maximal harvest efficiency would be achieved. Most of the harvested deer were within 40 yards of the shooter. Carcasses were then tagged and delivered to Ruzicka's Meats for processing and data collection. Harvest Demo~ral~hics The entire data set generated from harvested deer is represented in the spreadsheet entitled "Iowa City Harvest By Tag Number: December 12, 2000-January 18, 2001." When using the "first opportunity" approach, the harvest demographics are usually representative of the population as a whole. We harvested 204 females (60%) and 136 males (40%). Seventy-six deer (22%) had visible antlers, whereas 264 deer (78%) were antlerless. Sixty male fawns were included in the antledess harvest. The overall harvest demographics are summarized in Table 1. One hundred and thirty-one (39%) fawns, 46 (13%) yearlings, and 163 (48%) adults were harvested. Table 1. Age class and sex distribution of deer harvested in Iowa City, Iowa from 12-22 December 2000 and 7-18 January 2001. AGE # MALE (%) # FEMALE (%) # COMBINED Fawn 60 (18%) 71 (21%) 131 (39%) 1.5 24 (7%) 22 (6%) 46 (13%) Adult 52 (15%) 111 (33%) 163 (48%) Harvest by Deer ManaRement Zone To aIJow for a more comprehensive population management program, we summarized all the harvest data by management zone (Table 2) relative to the zones of deer concentration identified by the City's 2000 aerial snow count. Zone 1 covered the City's new water treatment facility property, north of Route 80 and west of Dubuque Street. Zone 2 was delineated on the west and south by the Iowa River, on the east by Dubuque Street and on the north by Route 80. Zone 3 was located east of Dubuque Street, south of Route 24 80 and northwest of Dodge Street. Zone 4 included land southeast of Dodge Street, north of Rochester Avenue and west of Scott Boulevard; and Zone 5 covered the area east of the Iowa City airpod, south of Route 6 and west of Sycamore Road. In total, the program was conducted in 5 square miles of the city. The most productive sites were within Zones 3 and 4, where 123 and 122 deer were culled respectively (72% of the total harvest). Table 2. Age class and sex distribution of deer harvested by management zone (bait sites) in Iowa City, Iowa from 12-23 December 2000 and 7-18 January 2001. ZONE I (n = 2) MALE FEMALE AGE NUMBER PERCENT NUMBER PERCENT Fawn 2 100% 1.5 Adult ZONE 2 (n = 74) MALE FEMALE AGE NUMBER PERCENT NUMBER PERCENT Fawn 12 16 10 14 1.5 5 7 8 11 Adult 11 15 28 37 ZONE 3 (n = 123) MALE FEMALE AGE NUMBER PERCENT NUMBER PERCENT Fawn 25 20 28 23 1.5 6 5 6 5 Adult 16 13 42 34 ZONE4 (n_= 122) MALE FEMALE AGE NUMBER PERCENT NUMBER PERCENT Fawn 21 17 28 23 1.5 11 9 8 6 Adult 19 16 35 29 ZONE5 (n= 19) MALE FEMALE AGE NUMBER PERCENT NUMBER PERCENT Fawn 3 16 3 16 1.5 2 10 Adult 5 26 6 32 All of the sites were used as stand sites. Due to heavy snow accumulations most of the designated vehicle sites were inaccessible, and therefore never used. Foudeen deer (4%) were shot from a vehicle and 326 (96%) were shot from a stand. All sites denoted as "'S" (stand) in the spreadsheet entitled "Iowa City Harvest By Tag Number: December 12, 2000-January 18, 2001" were utilized during the "sit and shoot" period of 1530-2000 hrs. All sites designated as "'V" were approached via vehicle between 1900 and 1100 hr. Discussion Approximately twice as many adult females were harvested as adult males. This is likely representative of the Iowa City deer population as the harvest demographics are very similar to last years. We summarized the harvest data by Deer Management Zone so comparisons of harvest data to past and future helicopter snow counts can be conducted and future harvest efforts can be refined. Areas north of 1- 80 proximate to Route 1 and those between Route 6 and Melrose Avenue should be considered in upcoming years. 25 An aerial helicopter snow count was conducted on 9 January 2001 in the zones where the reduction program was being implemented (Table 3). A total of 272 deer were counted. One hundred thirty deer were harvested after the count, resulting in 142 deer remaining at the culmination of the program. Using the census technique selected, a _>80% detection rate will be achieved. With this correction factor, approximately 178 deer remain in the 5 square mile management zone. Therefore, the objective of 30-35 deer/square mile has been achieved after 2 years. Table 3. Aerial snow count data NUMBER SUBSEQUENT ZONE COUNTED HARVEST REMAINING 1 6 0 6 2 43 28 15 3 74 29 45 4 128 60 68 5 21 13 8 Total 272 130 142 Overall herd health was based on whole body weights, fetal counts and yearling antler beam diameters. Dr. Harle Hadow of Coe College, Cedar Rapids, Iowa collected these data. Deer sampled were determined to be in generally good health. Table 4 summarizes the pregnancy status of female deer harvested after 19 December. Seventy-six percent (76%) of the yearling and older does sampled had multiple fetuses and 6.7% were not pregnant. Eighty-four percent (84%) of female fawns were not obviously pregnant. Some of these animals may have conceived late in the season and these pregnancies may not have been detectable because of the time of removal. Table 4. Pregnancy status of female deer harvested (.Q = 148) in Iowa City, Iowa from 19-22 December 2000 and 7-18 January 2001. NOT AGE PREGNANT SINGLE TWINS TRIPLETS Fawn 49 7 2 0 Adult 6 16 60 8 Future Proclram Adjustments We recommend that the city seriously consider passing a feeding ban (see Feeding Ban section for an example). Now that deer densities have been significantly reduced the impacts of residents feeding deer will become more serious. There is the potential to compromise our ability to maintain deer densities in some areas. Minimally, it will cost the city thousands of dollars because of added time to remove deer from the community. Feasibility of Management with Anti-fertility Agents We have had the opportunity to work within the city limits on the deer management program for two years and witness deer behavior, density, and distribution. When considering the limited fertility control technoJogy available today, we continue to conclude that deer management/research with anti-fertility agents is not practical nor feasible at this time. The lack of isolated habitats for which contraceptive technology is still constrained are not present in Iowa City. Acknowledclments We would like to thank Lisa Mollenhauer of the City of Iowa City, Lt. Ron Fort, Iowa City Police Department, Iowa City Fire Department personnel, Jeff Ruzicka and his crew and Dr. Harlo Hadow and his students, and all the participating landowners for their cooperation and support. 26 Iowa City Deer Harvest by Tag Number December 12, 2000 - January 18, 2001 Tag # Bait Site Date Sex Age Stand/Vehicle C 362369 4 12-Dec M Y S C 362370 5 12-Dec F A S C 362371 5 12-Dec M F S C 362372 5 12-Dec F Y S C 362373 5 12-Dec F A S C 362374 5 12-Dec M Y S C 362375 5 12-Dec F Y S C 362376 5 12-Dec F A S C 362378 5 12-Dec F A S C 362379 5 12-Dec M F S C 362380 5 12-Dec M A S C 362381 25 12-Dec F A S C 362382 25 12-Dec M F S C 362426 25 12-Dec F A S C 362427 25 12-Dec F A S C 362428 25 12-Dec M F S C 362429 25 12-Dec M F S C 362430 25 12-Dec F A S C 362431 25 12-Dec F A S C 362419 D&S P 12-Dec F A V C 362420 D&S P 12-Dec F F V C 362421 D&S P 12-Dec M A V C 362422 D&S P 12-Dec M A V C 362423 D&S P 12-Dec F A V C 362424 1 12-Dec M A S C 362425 1 12-Dec M F S C 362377 23 13-Dec F A S C 362383 23 13-Dec F Y S C 362384 23 13-Dec F A S C 362385 23 13-Dec F A S C 362386 23 13-Dec M Y S C 362387 11 13-Dec M F S C 362388 1I 13-Dec F A S C 362389 11 13-Dec F F S C 362390 11 13-Dec F F S C 362391 11 13-Dec F F S C 362392 11 13-Dec F A S C 362393 11 13-Dec F A S C 362394 11 13-Dec M F S C 362395 11 13-Dec F F S C 362396 11 13-Dec F A S C 362397 11 13-Dec F A S C 362398 3 13-Dec F A S C 362399 3 13-Dec F A S C 362400 3 13-Dec F A S C 362401 18 14-Dec M A S C 362402 18 14-Dec F F S C 362403 18 14-Dec M F S C 362404 18 14-Dec M Y S C 362405 18 14-Dec M Y S C 362406 17 14-Dec M A S C 362407 17 14-Dec M F S C 362408 17 14-Dec F Y S C 362409 18 14-Dec F A S C 362410 17 14-Dec M F S 27 C 362411 17 14-Dec M A S C 362412 27 14-Dec F F S C 362413 27 14-Dec F A S C 362414 27 14-Dec F F S C 362415 27 14-Dec F A S C 362416 16 14-Dec M A S C 362417 16 14-Dec M Y S C 362418 16 14-Dec F A S C 362432 16 14-Dec M F S C 362433 16 14-Dec F A S C 362434 16 14-Dec F A S C 362435 16 14-Dec M A S C 362436 16 14-Dec F F S C 362437 4 15-Dec F A S C 362438 4 15-Dec F A S C 362439 3 15-Dec F A S C 362440 3 15-Dec F F S C 362441 14 17-Dec F A S C 362442 14 17-Dec M A S C 362443 14 17-Dec M A S C 362444 14 17-Dec F A S C 362446 14 17-Dec F F S C 362449 14 17-Dec F A S C 362445 12 17-Dec M F S C 362447 12 17-Dec M A S C 362448 12 17-Dec M F S C 362452 12 17-Dec M F S C 362453 12 17-Dec M A S C 362454 12 17-Dec F A S C 362455 12 17-Dec F A S C 362450 13 17-Dec M Y S C 362451 13 17-Dec M Y S C 362457 8 18-Dec M A S C 362458 9 18-Dec F A S C 362456 10 18-Dec F A S C 362459 10 18-Dec M F S C 362460 10 18-Dec F F S C 362461 10 18-Dec F F S C 362463 10 18-Dec F Y S C 362464 10 18-Dec M F S C 362462 7 18-Dec F A S C 362465 7 18-Dec M F S C 362466 7 18-Dec M A S C 362467 7 18-Dec M F S C 362468 7 18-Dec F A S C 362469 7 18-Dec M F S C 362470 7 18-Dec M F S C 362471 7 18-Dec F A S C 362472 7 18-Dec M F S C 362473 7 18-Dec F F S C 362474 7 18-Dec F A S C 362475 7 18-Dec M F S C 362476 7 18-Dec F A S C 362477 7 18-Dec F F S C 362478 7 18-Dec F A S C 362479 7 18-Dec F A S C 362481 7 18-Dec F F S C 362482 7 18-Dec F A S C 362480 4 19-Dec F A S C 362483 4 19-Dec F Y S 28 C 362484 26 19-Dec F A S C 362485 26 19-Dec F A S C 362486 26 19-Dec F A S C 362487 26 19-Dec F Y S C 362488 26 19-Dec F A S C 362489 26 19-Dec F F S C 362490 26 19-Dec F F S C 362491 26 19-Dec F F S C 362492 26 19-Dec F A S C 362493 26 19-Dec F F S C 362494 25 19-Dec F A S C 362495 25 19-Dec M F S C 362496 25 19-Dec F A S C 362497 25 19-Dec F A S C 362498 25 19-Dec F F S C 362499 30 20-Dec F F S C 362500 30 20-Dec F F S C 362501 32 20-Dec M Y S C 362502 32 20-Dec M F S C 362503 32 20-Dec M A S C 362504 32 20-Dec M A S C 362505 32 20-Dec M A S C 362506 32 20-Dec M F S C 362507 24 20-Dec F A S C 362508 24 20-Dec F F S C 362509 24 20-Dec F A S C 362510 23 20-Dec M A S C 362511 23 20-Dec M A S C 362512 23 20-Dec M A S C 362513 23 20-Dec M F S C 362514 2 21-Dec M Y S C 362515 7 21-Dec M A S C 362516 7 21-Dec M A S C 362517 7 21-Dec M F S C 362518 7 21-Dec M A S C 362519 5 21-Dec M Y S C 362520 5 21-Dec M F S C 362521 5 21-Dec F A S C 362522 5 21-Dec M A S C 362523 5 21-Dec M A S C 362524 18 22-Dec M Y S C 362525 18 22-Dec F Y S C 362526 18 22-Dec M Y S C 362527 18 22-Dec M Y S C 362528 18 22-Dec F F S C 362529 21 22-Dec M A S C 362530 21 22-Dec F Y S C 362531 21 22-Dec F F S C 362532 21 22-Dec M F S C 362533 21 22-Dec M F S C 362534 21 22-Dec M F S C 362535 21 22-Dec M Y S C 362536 21 22-Dec F F S C 362537 D&S P 22-Dec F Y V C 362538 1 22-Dec M A S C 362539 1 22-Dec F A S C 362540 1 22-Dec M F S C 362541 1 22-Dec F F S C 362542 1 22-Dec F A S C 362543 1 22-Dec M F S 29 C 362544 D&S P 22-Dec F Y V C 362545 20 7-Jan M F S C 362546 20 7-Jan M F S C 362547 20 7-Jan F A S C 362548 20 7-Jan F F S C 362549 20 7-Jan M A S C 362550 20 7-Jan F A S C 362551 20 7-Jan F A S C 362552 20 7-Jan F A S C 362553 26 7-Jan M Y S C 362554 26 7-Jan F F S C 362555 25 7-Jan M F S C 362556 25 7-Jan F A S C 362557 25 7-Jan F F S C 362558 25 7-Jan M F S C 362559 25 7-Jan F F S C 362560 33 8-Jan F F S C 362561 33 8-Jan F A S C 362562 33 8-Jan F Y S C 362563 33 8-Jan F A S C 362564 33 8-Jan F A S C 362565 33 8-Jan F A S C 362566 33 8-Jan F A S C 362567 33 8-Jan M F S C 362568 33 8-Jan M A S C 362569 33 8-Jan M A S C 362570 14 8-Jan F A S C 362571 14 8-Jan M F S C 362572 14 8-Jan F F S C 362573 14 8-Jan F F S C 362574 1 8-Jan F Y S C 362575 1 8-Jan F F S C 362576 1 8-Jan F A S C 362577 1 8-Jan M A S C 362578 1 8-Jan M A S C 362579 4 9-Jan F F S C 362580 4 9-Jan F A S C 362581 4 9-Jan M F S C 362582 4 9-Jan F F S C 362583 4 9-Jan F F S C 362584 4 9-Jan F Y S C 362585 4 9-Jan F A S C 362586 4 9-Jan F F S C 362587 4 9-Jan M F S C 362588 4 9-Jan F A S C 362589 4 9-Jan F A S C 362590 4 9-Jan M A S C 362591 23 9-Jan M A S C 362592 23 9-Jan M A S C 362593 23 9-Jan F F S C 362594 23 9-Jan M A S C 362595 32 9-Jan F A S C 362596 32 9-Jan M A S C 362597 32 9-Jan F A S C 362598 32 9-Jan F A S C 362599 32 9-Jan M A S C 362600 32 9-Jan M F S C 362601 D&S P 9-Jan F A V C 362602 10 10-Jan F A S C 362603 10 10-Jan F Y S 30 C 362604 10 10-Jan M Y S C 362605 7 10-Jan F A S C 362606 7 10-Jan F A S C 362607 7 10-Jan F F S C 362608 7 10-Jan M A S C 362609 35 10-Jan F A S C 362610 35 10-Jan M A S C 362611 21 11-Jan F A S C 362612 21 11-Jan F A S C 362613 21 11-Jan M F S C 362614 21 11-Jan F F S C 362615 21 11-Jan M F S C 362616 16 11-Jan F F S C 362617 16 11-Jan F A S C 362618 16 11-Jan M A S C 362619 16 11-Jan F F S C 362620 16 11-Jan F A S C 362621 16 11-Jan M Y S C 362622 16 11-Jan M F S C 362623 16 11-Jan F F S C 362625 26 11-Jan F A S C 362626 26 11-Jan F Y S C 362624 35 12-Jan F A S C 362627 35 12-Jan F A S C 362628 35 12-Jan F F S C 362629 35 12-Jan F F S C 362630 35 12-Jan F F S C 362631 35 12-Jan M F S C 362632 35 12-Jan M Y S C 362633 35 12-Jan F F S C 362634 35 12-Jan M F S C 362635 35 12-Jan M F S C 362636 35 12-Jan F F S C 362637 35 12-Jan M F S C 362638 32 12-Jan M Y S C 362639 32 12-Jan F A S C 362640 32 12-Jan F F S C 362641 32 12-Jan F A S C 362642 32 12-Jan F F S C 362643 11 12-Jan M A S C 362644 11 12-Jan M Y S C 362645 11 12-Jan M A S C 362646 11 12-Jan F F S C 362647 11 12-Jan M Y S C 362648 11 12-Jan F F S C 362649 11 12-Jan M A S C 362650 11 12-Jan F F S C 362651 6 13~Jan F Y S C 362652 6 13-Jan F A S C 362653 6 13-Jan M A S C 362654 6 13-Jan M F S C 362655 6 13-Jan M Y S C 362656 6 13-Jan F A S C 362657 23 13-Jan F F S C 362658 23 13-Jan F A S C 362659 25 15-Jan F A S C 362660 25 15-Jan F F S C 362661 25 15-Jan F F S C 362662 25 15-Jan M F S C 362663 5 15-Jan F A S 31 C 362664 5 15-Jan M F S C 362665 5 15-Jan M A S C 362666 5 15-Jan M F S C 362667 5 15-Jan F F S C 362668 5 15-Jan F A S C 362669 5 15-Jan F A S C 362670 5 15-Jan F F S C 362671 5 15-Jan F A S C 362672 26 15-Jan M A S C 362673 26 15-Jan M F S C 362674 8 16-Jan M A S C 362675 8 16-Jan M Y S C 362676 10 16-Jan M F S C 362677 10 16-Jan M F S C 362678 10 16-Jan M A S C 362679 20 16-Jan F F S C 362680 20 16-Jan F F S C 362681 20 16-Jan F Y S C 362682 33 17-Jan F F S C 362683 33 17-Jan F A S C 362684 33 17-Jan F A S C 362685 33 17-Jan F F S C 362686 32 17-Jan F F S C 362687 32 17-Jan F A S C 362688 D&S A 17-Jan F Y V C 362689 D&S A 17-Jan F A V C 362690 D&S A 17-Jan F A V C 362691 D&S A 17-Jan F A V C 362692 D&S A 17-Jan F F V C 362693 D&S A 17-Jan F F V C 362694 8 18-Jan M Y S C 362695 36 18-Jan F A S C 362696 36 18-Jan M Y S C 362697 36 18-Jan M F S C 362698 36 18-Jan F A S C 362699 36 18-Jan M A S C 362700 34 18-Jan F Y S C 362701 34 18*Jan M F S C 362702 34 18-Jan F A S C 362703 34 18-Jan M F S C 362704 34 18-Jan M A S C 362705 34 18-Jan F F S C 362706 34 18-Jan F F S C 362707 34 18-Jan F A S C 362708 34 18-Jan F F S 32 Feeding Ban Ordinance Language AN ORDINANCE PROHIBITING THE INTENTIONAL FEEDING OF DEER AND THE INTENTIONAL DESTRUCTION OF OR INTERFERENCE WITH AUTHORIZED BAIT STATIONS AND AMENDING CHAPTER 13 OF THE "CODE OF THE TOWNSHIP OF PRINCETON, NEW JERSEY, 1968." WHEREAS, the Township of Princeton is concerned with the significant impact of the growth of the white-tailed deer population inhabiting the Princeton community, including deer/vehicle collisions, Lyme disease, the reduction and/or elimination of native plant materials and habitat for other wild animals and the erosion of stream banks, and damage to ornamental plantings within said community; and WHEREAS, P.L. 2000, c.46 authorizes municipalities and the New Jersey Division of Fish and Wildlife to develop and implement site specific community based deer management plans; and WHEREAS, as part of a comprehensive wildlife management plan, the Township has developed such a community based deer management plan, which plan allows the use of bait stations by authorized agents of the Township acting pursuant to an approved community based deer management plan; and WHEREAS, the Township has endorsed an application to the Division of Fish and Wildlife for designation of a special deer management area and approval of said community based deer management plan; and WHEREAS, the feeding of deer has been shown to increase the concentration of deer in the area of feeding, thereby increasing the likelihood of deer/vehicle collisions in the vicinity, increasing the local number of nymphal deer ticks, and increasing damage to vegetation and landscaping nearby, and is therefore counterproductive to the Township's goals of reducing the IocaW deer population within the municipality and its impact on the community; and WHEREAS, the feeding of deer can be detrimental to the overall health and well-being of the deer; and WHEREAS, the Township Committee, as it moves forward with its community based deer management plan, wishes to prohibit the purposeful or knowing feeding of deer through ground-level feeding stations, salt licks, or other established and permanent means by which to feed the deer, unless established by an authorized agent of the Township acting pursuant an approved community based deer management plan or by a hunter acting pursuant to a valid hunting license in order to hunt deer; and WHEREAS, the Township Committee further wishes to prohibit the purposeful or knowing destruction of or interference with any such authorized bait stations established by agents of the Township acting pursuant to an approved community based deer management plan; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Princeton, as follows: 1. Chapter 13 of the "Code of the Township of Princeton, New Jersey, 1968", which establishes miscellaneous offenses within said Township, is amended by adding thereto the following NEW sections 13- 2, 13-3, and 13-4, which shall read as follows: Sec. 13-2. Feeding of deer prohibited. No person shall purposely or knowingly feed, cause to be fed, or provide food through ground-feeding stations, salt licks or other established mechanisms to feed wild white-tail deer in said township, on ~ands either publicly or privately owned, except that nothing in this section shall apply to (1) any agent of the township authorized to implement an alternative control method set forth in any approved community based deer management plan and possessing a special deer management permit issued by the New Jersey Division of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46, or (2) any hunter engaging in baiting for the purpose of hunting pursuant to a varid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes. Sec. 13-3. Contaminating, destroying, or interfering with authorized bait stations prohibited. No person shall purposely or knowingly contaminate, destroy, or interfere with, or purposely or knowingly cause to be contaminated or destroyed, any ground-feeding station, salt lick or other established mechanism to bait wild white-tail deer in said township, provided such bait station is created or used solely by (1) an agent of the township authorized to implement an alternative control method set forth in any approved community based deer management plan and possessing a special deer management permit issued by the New Jersey Division of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46, or (2) a hunter engaging in baiting for the purpose of hunting pursuant to a valid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes. The provisions of this section shall apply on all lands located in the township either publicly or privately owned. Sec. 13-4. Penalties. Any person violating the provisions of sections 13-2 or 13-3 shall be subject to the general penalties provision of section 1-6 of this code. 2. This Ordinance shall take effect 30 days following its passage and publication, as provided for by law. 33 RESOLUTION APPROVING THE 2001-2002 DEER MANAGEMENT PLAN FOR IOWA Resolution No. WHEREAS, the City of iowa City has conducted a study herd population and and WHEREAS City of Iowa City has determined that s must be taken to develop and im management plan that is designed I ~rovide needed relief and protection for the property owners, and motor ve~ within the corporate limits of Iowa City; and WHEREAS, the Force has thorat reviewed the deer population problem in Iowa City and made methods to resolve this problem; and WHEREAS, the City of h ~g-term deer management plan; and WHEREAS, the attached ~ ement plan for 2000-2001 is in harmony with the long- term plan. NOW, THEREFORE, BE IT R :)LVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public attached 2001-2002 Deer Management Plan and the City Manager is here lorized and directed to take all actions necessary to implement said plan, not limited to, engaging appropriate personnel and declaring certain t "no trespassing" to the public. Passed and a day ,2000. MAYOR / Approved by ATTEST: / //GITY GLERK Gity Attorney's Office / it wa~, / moved by and by the Resc Fution be adopted, and upon roll call there were: AYES: NAYES: AB~ Champion hman nnell ,, Wilburn Prepared by: Jeff Davidson, PCD, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 01-325 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OPN ARCHITECTS, INC. FOR ARCHITECTURAL DESIGN SERVICES. WHEREAS, the need to construct the Near Southside Transportation Center has been identified in the Near Southside Neighborhood Redevelopment Plan and the City of Iowa City Capital Improvements Program; and WHEREAS, OPN Architects, Inc., in a team with HLM Architects of Iowa City and Desmond Parking Consultants of Chicago, Illinois, were selected by the City Council on March 7, 2000 to complete schematic design and engineering of such a facility; and WHEREAS, said design team has completed schematic design and engineering services and desires to enter into a contract for final design and engineering services (design development through construction administration); and WHEREAS, City staff has negotiated a consultant agreement with OPN Architects to conduct final design and engineering services for the Near Southside Transportation Center, a copy of which agreement is attached hereto and incorporated herain by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The consultant's agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said consultant agreement in duplicate. Passed and approved this 8th day of October ,2001. r~2~ City Att loll./~1 It was moved by Vanderhoef and seconded by 0' Donne] 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 X Wilburn CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES (DESIGN DEVELOPMENT THROUGH CONSTRUCTION ADMINISTRATION) THIS AGREEMENT, made and entered into this ~ day of~a~t2001 by and between the City of Iowa City, hereinafter referred to as the "City" and OPN Architects, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the uConsultant". WHEREAS, the City seeks to utilize the professional services of the Consultant for architectural and related consulting services for the Near Southside Transportation Center (FTA Grant No: IA-03-0086), hereina~er referred to as the "Project"; and WHEREAS, the basic size, configuration and budget for the Project has been established in a Phase I Schematic Design Phase and the parties now desire to contract for the remaining design phases of the Project. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. PART 1 - PROJECT DESCRIPTION A. The Project consists of the following elements as delineated in the Phase h Schematic Design Services Report prepared and dated November, 2000, is incorporated herein by this reference: 1. Demolition of the Union Planters Bank and Electronics Cave Building on Block 102. 2. New approximately 400 car, four level parking facility with an add alternate for an approximately 100 car, fifth level. 3. Shell space of approximately 2,950 gross square feet for use as a Greyhound bus station. 4. Shell space of approximately 8,990 gross square feet and outdoor play area of approximately 2,150 gross square feet for use as a day care. 5. Covered bicycle parking area. 6. New street and sidewalk design along Court street and the south 300' of Dubuque Street. Realignment and widening of Dubuque Street is not included. 7. As directed by the City, compatibility with proposed development on the west half of Block 102, as well as a future commercial building contiguous to the nodh side of the Project. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 2 of 15 B. The Project will consist of one construction phase. C. The Construction Cost 1. The City and the Consultant hereby agree that the established budget for Construction Cost is to be computed as follows: a. Construction: Four Level Ramp $8,067,625.00 b. Alternate: Fifth Level $1,100,000.00 c. Construction Contin~ency (5%+/-) $408,487.00 d. Established budget for Construction Cost: $9,576,112.00 2. The Construction Contingency referred to in Part 1, C, 1, c in the amount of $408,487 is established for use during Construction to accommodate necessary revisions in the Project due to vagaries in the Contract Documents, field conditions, and general uncertainties in construction. Contingency dollars will only be spent with City approval. D. The construction of the Project shall be by competitive bid on a single bid package. The Form of Agreement shall be a Single Prime Contract between the City and the Lowest Responsible Qualified Bidder. E. Project Representatives: 1. The following individuals are designated to represent the parties to this agreement. As far as practicable, representatives assigned by all parties shall remain assigned to the project through Final Completion. Exceptions shall be made upon mutual agreement of the City and the Consultant. 2. Owner's Designated Representatives: a. Jeff Davidson, Assistant Director of Planning and Community Development b. City of Iowa City c. 410 E. Washington Street d. Iowa City, Iowa 52240 e. 319-356-5252 f. ieff-davidsonCi),iowa-citv.or.q g. Joe Fowler, Director, Department of Parking and Transit h. City of Iowa City i. 410 E. Washington Street j. Iowa City, Iowa 52240 k. 319-356-5156 I. ioe-fowler@iowa-city.or.q 3. Consultant's Designated Representative: a. Bradd Brown, AIA, Principal b. OPN Architects, Inc. c. 625 First St S.E., Suite 460 d. Cedar Rapids, Iowa 52401 August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIG~ SERVICES Page 3 of 15 e. 319-363-6018 f. bbrown@opnarchitects.com 4. Specialty Consultants as identified below are retained at the Consultant's discretion and expense a. Structural Engineering/Parking Design: DESMAN Associates b. Civil Engineering: Shoemaker & Haaland. c. Plumbing, Fire Protection and Mechanical Engineering: HLM Design d. Electrical Engineering: HLM Design e. Landscape Architecture: To be determined. PART 2 - SCOPE OF SERVICES A. Consultant agrees to perform the following services for the City, and to do so in a satisfactory manner consistent with the provisions of Part 3. B. Project Administration Services 1. The Consultant shall manage the professional services and administer the project through the phases described below. The Consultant shall consult with the City, research applicable design criteria, attend Project meetings required by this agreement, communicate with members of the Project Team and issue progress repods. The Consultant shall coordinate the activities of the Consultant's Specialty Consultants with those services provided by the City and the City's other Consultants. 2. When project parameters are sufficiently defined the Consultant shall prepare and periodically update a Project schedule that shall identify milestone dates for decisions required of the City, design services provided by the Consultant, completion of documentation provided by the Consultant, commencement of construction and Substantial Completion. 3. The Consultant shall consider the value of alternative materials, building systems and equipment, together with other considerations of program, budget and aesthetics in developing the design for the Project. 4. The Consultant shall submit design documents to the City at intervals appropriate to the process for purposes of evaluation and approval by the City. a. These submittals shall include rigidly mounted drawings and public presentation of the mounted drawings and other materials as needed and necessary to explain the Project. b. This presentation and public hearing may include the City Council, and members of the general public. 5. The Consultant shall make presentations to explain the design of the Project to representatives of the City. 6. The Consultant shall provide submittals and make a presentation at the public hearing on final approval of the Project plans and specifications. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 4 of 15 7. The Consultant shall be entitled to rely upon the approvals received from the City's representative in continued development of the Project. Revisions to drawings, specifications or other documents shall be an additional service when such revisiorls are; a. Inconsistent with approvals or instructions received from the City, including adjustments made necessary by adjustments in the City's program or project budget. b. Required by enactment of codes, laws, or regulations subsequent to the preparation of such documents. c. Due to changes required as a result of the City's failure to render decisions in a timely manner. C. Evaluation of Budget and the Cost of Construction 1. At the completion of Design Development the Consultant shall prepare a revised estimate of the Cost of Construction. This estimate will be based on conceptual estimating techniques. The Consultant shall advise the City of any adjustments to previous estimates including adjustments due to changes in scope or general market conditions. If at any time the ConsuItant's estimate of Construction Cost as detailed in Pad 1 C (1) exceeds the City's budget, the Consultant shall make recommendations to adjust the Project size, quality or budget and the City shall cooperate in determining which adjustments are acceptable. 2. Evaluations of the City's budget for the project and the preliminary and revised estimates of Construction Costs represent the Consultant's judgemerit as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, material or equipment, over the Contractor's methods of determining bid prices or over competitive bidding, market or negotiating conditions. Accordingly the Consultant cannot and does not warrant or represent that bids will not vary from the Consultant's budget for the Project or from any estimate of Construction Cost prepared or agreed to by the Consultant. 3. In preparing estimates of Construction Cost the Consultant shall be permitted to: a. Include contingencies for design, bidding and price escalation; b. Determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, with the concurrence of the City's representative; c. Make reasonable adjustments in the scope of the project, with the concurrence of the City's representative; and d. Include in the Contract Documents alternate bids as specified by the City's representative as may be necessary to adjust the estimated Construction Cost to meet the City's budget for the Project. 4, If bidding or negotiating of contract documents has not commenced within 90 days after the Consultant submits Contract Documents to the City, the budget for the Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. The budgeted construction costs should assume a August, 2002 start of construction date. August10,2001 CONSULTANT AGREEMENT ~OR ARCHITECTURAL DESIGN SERVICES Page 5 of 15 5. if the City has established a fixed budget for the Construction Cost, and if this budget is exceeded by the lowest responsive, responsible bidder, the City shall, within 90 days of opening of Bids: a. Give written approval of an increase in the budget for the Construction Cost; or b. Authorize rebidding of the Project within a reasonable time; or c. Terminate the agreement; or d. Cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 1 ) If the City elects to proceed with this option, the Consultant shall, without additional compensation, modify the documents for which the consultant is responsible as necessary to comply with the budget for Construction Cost. 2) The modification of such documents shall be the limit of the Consultanrs responsibility under this section. e. If no decision is made by the City within 90 days of opening of Bids, the Contract shall be terminated, unless otherwise mutually agreed to by the parties in writing. D. Schematic Design Services 1. The Consultant has completed Phase I Schematic Design Services under a separate agreement. 2. The Consultant shall update the Phase I Schematic Design drawings to reflect agreed to modifications based on information gathered since the completion of the Phase I documents. Updated documents shall, as necessary, include a. Site plan, b. Principal floor plans, c. Exterior elevations. E. Design Development Services 1. The Consultant shall provide Design Development Documents based on the appreved Schematic Design Documents and updated budget for Construction Cost. Documents shall include a. Site Survey (Provided by City as defined above.) b. Geotechnical Report (Provided by City as defined above.) c. Building Demolition Plans d, Site Plans 1) Grading Plan 2) Utility Plan 3) Drainage Plan 4) Landscape Plan e. Floor Plans 1 ) First Floor Plan 2) Second Floor Plan 3) Third Floor Plan 4) Fourth Floor Plan 5) Fifth Floor Plan f. Sections August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 6 of 15 1 ) Longitudinal Building Sections 2) Transverse Building Sections 3) Partial Building Sections 4) Building Elevations g. Wall Sections h. Equipment Plan i. Structural Plans 1) Foundation Plan 2) First Floor Framing Plan, Primary sizes 3) Second Floor Framing Plan, Primary sizes 4) Third Floor Framing Plan, Primary sizes 5) Fourth Floor Framing Plan, Primary sizes j. Single-line Mechanical Plans k. Mechanical Equipment Cut Sheets I. Plumbing Cut Sheets m. Fire Protection Narrative n. Electrical Plans 1) Power Plans 2) Lighting Plans 3) Systems Plans o. Electrical Cut Sheets p. Outline Specifications q. Cost Estimate 2. Design development documents shall be prepared based on pedodic review meetings with designated representatives of the City and their designees to define and illustrate the relationships, forms, sizes and appearance of the Project. The meetings shall be conducted at intervals so as to allow timely completion of the design portion of the Project, adequate review time for City decision making, and document preparation by the Consultant. 3. The Consultant shall secure matedal samples and mockups as required to describe the exterior appearance, color and construction of the Project. Material samples and mockups required to satisfy the needs of the Project shall be an eligible reimbursable expense, only if requested by the City. 4. The Consultant shall update the preliminary estimate of construction cost, including site development costs, in sufficient detail to identify Project phasing requirements, contingencies, design costs through Construction Administration, inflation and any alternates recommended. F. Construction Documents Phase Services 1. The Consultant shall provide Construction Documents based on the approved Design Development Documents and updated budget for Construction Cost. The updated budget shall include any adjustments in scope or quality or budget for the Project as authorized by the City. 2. The Documents prepared shall describe in detail the requirements for construction of the Project. These documents will follow the general format of August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 7 of 15 paragraph F1 and shall include Specifications and Drawings that describe in detail the quality levels of materials and systems required for the Project. 3. The Consultant shall prepare the documents in electronic format. a. Autodesk AutoCAD 2000 or compatible program approved by the City will be accepted. b. Two complete sets of electronic data shall be transferred to the City on disks. c. In addition, five full sets of scaled plots of all drawings shall be provided to the City. d. Five full sets of hard copy and electronic copy specifications shall be given to the City. 4. The Consultant with the assistance of the City, shall develop and prepare the general requirements for construction of the project. The City shall be responsible to provide standards practiced by the City relating to the administration of the Project, payment procedures and insurance requirements. The Consultant will assist in developing: a. Bidding and procurement information describing the time, place and conditions of the bidding. b. Bidding forms. c. Supplementary and Other Conditions of the Contract for Construction. The City's general conditions shall be part of the general requirements for construction of the Project and the Contract for Construction. 5. The Consultant shall prepare a final estimate of construction cost, including site development costs, in sufficient detail to identify Project phasing requirements, contingencies, design costs through Construction Administration, inflation and any alternates recommended. G. Bidding Phase Services 1. The Bid Documents shall consist of bidding requirements, proposed contract forms, General Conditions, Supplementary Conditions, Specifications and Drawings. 2. The Consultant shall assist the City in establishing a list of prospective bidders. 3. The Consultant shall undertake to complete the following during the bidding of the Project: a. Document plan holders b. Conduct a Pre-Bid Conference on site. c. Respond to Contractor inquiries. d. Evaluate and respond to substitution requests. e. Prepare and distribute addenda. f. Prepare a list of qualified bidders for the City. g. Distribute plans and specifications on behalf of the City. h. Provide plans and specifications to plan rooms. 4. The Consultant shall assist the City in receipt, opening, and evaluation of bids and in determination of the successful bid or proposal. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 8 of 15 H. Construction Administration Services 1. The Consultants construction review and inspection responsibilities begin with the City Council award of contract and ends with the fin3! retainage payment 30 days after formal City Council acceptance or work. 2. The Consultant shall visit the site at intervals necessary to become familiar with the progress and quality of work and to determine in general if the work is being performed in a manner indicating that the work when completed, will be in accordance with the contract documents. From the beginning of footing and foundation construction through the "Cedi~cate of Substantial Completion" site visits shall be at intervals appropriate to the stage of construction, not less than once per month, and in addition, upon reasonable request of the City. 3. The Consultant shall not be required to be continuously on site, 4. The Consultant shall as necessary but no less than monthly keep the City informed on the progress and quality of work and endeavor to guard the City defects and deficiencies in the work. 5. The Consultant shall at all times have access to the work in pregress, unless specifically denied in writing by the City. 6. The Consultant shall recommend rejection of work that does not conform to the contract documents and with mutual consent of the City may require additional tests and inspections be conducted to insure contract document compliance of questionable components. 7. The Consultant shall assist in the preparation and processing of all required "Field Instructions" and "Change Orders" and review and appreve or take other appropriate action on Contractor submittals in a timely manner (ten (10) working days or less) so as not to delay construction, but such review and approval shall be for the limited purpose of checking for conformance with the information previded and the design concept expressed in the signed documents. 8. The Consultant shall have no control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures or for safety precautions and pregrams in connection with the project, since these are solely the Contractor's responsibility under the Contract for Construction. Communications by and with the Consultant's consultants shall be through the Consultant. 9. The Consultant shall prepare record drawings showing those changes made during construction based on information furnished by the City. I. Owner Supplied Services. 1. The City shall notify the Consultant of any modifications to the program setting forth the objectives, schedule, constraints and criteria, including space relationships, special equipment, systems and site requirements. Augustl0,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 9 of 15 2. The Consultant, with the assistance of the City shall furnish and update an overall budget for the project including Cost of Construction, contingencies and other costs associated with the project. 3. The City shall furnish the services of other specialty consultants when services which are unforeseen and are reasonably required by the scope of the Project and are requested by the Consultant. PART 3 - TIME OF COMPLETION A. The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The City and Consultant shall make all practicable eftotis to meet the obligations imposed by this schedule and provide the necessary information, review and decisions identified in accordance with the schedules. B. Design Schedule 1. Complete Schematic Design by the end of August, 2001. 2. Complete Design Development by mid-November, 2001. 3. Complete 95% Constructive Document review set by the end of December, 2001. 4. City will provide review comments to consultant by January 21, 2002. 5. Complete Construction Documents by the end of February, 2002. 6. Receive Bids in March, 2002. C. This schedule includes time for City review of documents prior to authorization to proceed with subsequent phases. D. Modifications of the individual podions of the Design Schedule can be made upon mutual agreement of the Consultant and the City. Extension of the total for the design portion of the project shall not exceed 90 days. If the total does exceed 90 days, the budget shall be adjusted to reflect changes in the general level of prices in the construction industry. City Council approval of this agreement is established as the date of Agreement approval.. PART 4 - GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 10 of 15 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. This Agreement shall be binding upon the successors and assigns of the parties heroto, provided that no assignment shall be without the written consent of all Padies to said Agreement. C. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. D. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. E. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. F. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to enable attendance. Such meetings shall be arranged to coincide with regular project meetings scheduled for Iowa City. G. The Consultant agrees to furnish, upon completion of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without rostrictions or limitation as to the use relative to specific Projects covered under this Agreement. In such event, the Consultant shall not be liable for the use of such documents by the City or others. H. The Consultant agrees to furnish all rapotis, specifications, and drawings, with the seal of a professional engineer and/or architect, as appropriate for the activity affixed thereto or such seal as required by Iowa law. I. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. The City shall, within 7 working days of receipt of invoice from the Consultant, identify in writing any grounds it might have for withholding payments, either in whole or in part. Such notification shall include justification for the withholding. If the City has no grounds for objection, it shall make payment in accordance with the provisions of Part 5 within 60 calendar days of receipt of Consultant's invoice. August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 11 of 15 J. Should any section of this Agreement be found invalid, it is agreed that the remaining podion shall be deemed severable from the invalid podion and continue in full force and effect, K. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible hard and electronic copies for the Consultant's own Use. L. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. M. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and cedi~es that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. N. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultanrs negligent acts, errors and omissions to the City in the sum of $1,000,000. O. Dispute Resolution 1. All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this agreement shall be initially negotiated between the designated project representatives of both parties. 2. If negotiation between designated project representatives does not result in a settlement of the matter, it shall be referred to the representative of each party or its designee for joint discussion and attempted resolution of the matter. 3. Both parties agree that if the matter cannot be resolved by mutual agreement of the principals, the matter will be referred to an alternate dispute resolution process, which shall be mediation. 4. Mediator shall be selected by and mutually agreed to by both parties. If not mutually agreed to by both parties, paragraph 6 shall apply. 5. Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding on the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The mediator's fee shall be shared equally by the parties. 6. If mediation fails to resolve the dispute, either party may then pursue another form of alternate dispute resolution or litigation. 7. Language similar to this shall be incorporated into agreements between the Consultant and the subconsultants. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 12 of 15 P. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Part 5. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. Upon receipt of payment, the Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, chads, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without restrictions or limitation as to the use relative to specific Projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other Projects. The reproduction costs for this material shall be a reimbursable expense. PART 5 - COMPENSATION FOR SERVICES A. For the Consultant's Services as defined in this Agreement, compensation shall be computed as follows: 1. Design Phase fees are based on the Cost of Construction, including the level five alternate, being fixed at a maximum of $9,167,625.00 (not including the construction contingency). If the services of the Consultant are changed from those described in this Agreement, the Consultant's compensation shall be adjusted in an equitable and mutually agreed to manner. 2. The Consultants compensation shall be a lump sum fee of five hundred ninety five thousand, eight hundred ninety five dollars ($595,895.00). This is based on a multiplier of 6.5% of the amount listed in item A.1, above. This fee amount is broken down as follows: a. Schematic Design (15%) $89,385 b. Design Development (30%) $180,770 c. Construction Documents (30%) $180,770 d. Bidding (5%) $29,790 e. Construction Administration (20%) $117,180 3. A credit to the City for $33,000 paid to the Consultant for Phase I Services will be applied toward item 2a above. This amount is approximately one-third of the fee for Phase I Services. B. The stipulated sums shall be paid in padial amounts equal to up to 90% of the work completed for each phase of work, with the remainder to be paid upon completion of each such phase of work. Good faith review of applications shall be made by the City based on the Scope of Services and the actual progress of the work at the time of the application. Payments will be made no more than once monthly according to the City's schedule of check release and related processing schedules. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 13 of 15 C. If the City fails to make monthly payments due the Consultant, the Consultant may, after 7 calendar days written notice to the City, suspend services under the Agreement until the City has paid in full all amounts due. D. Reimbursable Expenses. 1. Eligible Reimbursable Expenses listed below shall be reimbursed by the City or plan holders at 1.0 times the rate paid by the Consultant and subconsultants. a. Transpodation in connection with the Project, authorized out-of-town travel, lodging and sustenance. For the design team, only Desman's out-of-town travel, lodging and sustenance will be eligible as a reimbursable expense. Desman's lodging and meals will be reimbursed at a set rate of $130 per person, per visit, per day, maximum. Desman's travel expenses shall be reimbursed at a maximum of $120 per day of travel. Receipts for actual costs will be submitted. b. Reproductions, plots, standard form documents, postage, handling and delivery of instruments of service. The number of Bid Documents and the cost to reproduce such documents shall be agreed to in writing by the City in advance of the printing. Plots and prints for routine in-house use and meetings is not eligible for reimbursable expense. Reproduction of Design Development review sets and final review sets is a reimbursable expense. Reproduction of bid documents for the design team, City, and plan rooms is a reimbursable expense. c. Renderings, models and mock-ups requested by the City. d. Long distance transmission of voice, data or other forms of electronic communications including costs associated with a project specific toll free phone number. Phone calls among the Design Team are not reimbursable expenses. e. Photography related to documentation of existing conditions and construction progress. 2. Detailed records of reimbursable expenses shall be included in monthly invoices. 3. An initial limit to the reimbursable expenses shall be established at $25,000. This amount is in addition to the fee amount listed in Part 5,A,2. This limit is based on the schedule of activities defined in this Agreement, the Agreement for Construction Phase Services and the Agreement for Interior Design Services. The limit may be modified upon agreement between the City and the Consultant. E. Additional Services: 1. Additional Services are those Consultant services beyond those described in Part I and 2. Additional services shall be provided by the Consultant only if authorized in writing by the City. Compensation for additional services, if any, shall be made as incurred and shall be paid in accordance with the City's normal review and schedule of payment release. Computation of additional services shall be in accordance with the Consultant's schedule of hourly rates current at the time the additional service is authorized. 2. Subconsultant time required, as part of the additional service, shall be invoices at 1.1 times the amounts billed the Consultant. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 14 of 15 3. Detailed records of additional service expenses shall be included in monthly invoices. 4. The following are excluded from the scope of this basic services agreement: a. Land Survey Services. b. Geotechnical Services. c. Existing Facilities Surveys d. Economic Feasibility Survey e. Environmental Studies and Repods f. Coordination of Owner Supplied Data: 1 ) Telecommunications Systems Related Services 2) Media Related Services g. Detailed Schedule Development & Monitoring h. Interior Design - Furnishings, Fixtures & Equipment. i. Multiple Bid Packages for Building Construction. j. Value Analysis k. On-Site Project Representation I. Construction Management m. Start-up Assistance n. Commissioning Services o. Post Contract Evaluation p. Tenant-Related Services. q. Design services for the build-out of the space for Greyhound, daycare, and tenants. r. Hazardous material survey and abatement, s. Archaeological services. t. Revisions as described in Pad 2(B)(7), PART 6 - MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. B. Nothing in this agreement shall create a contractual relationship with or cause action in favor of a third party against either the City or the Consultant. C. The Consultant shall have no responsibility for the discovery, presence, handling, removal or exposure of persons to hazardous or toxic substances that existed on the site previous to this agreement, or prior to the discovery of such materials. D. General Conditions for this agreement and all subsequent agreements between the City and the Consultant, between the City and its other consultants, between the City and the Contractors shall be as provided by the City. E. The Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior among the Consultant's promotional and professional materials. Such materials shall not divulge any confidential or proprietary information if the City has previously identified in writing the specific information that it considers confidential or proprietary. The City shall credit August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 15 of 15 the Consultant in all promotional material related to the image, plan or description of the Project. PART 7 - EXECUTION Title: I~.~ol'~ Title: Date: C:>cTo'~F_~ ~ ~oo~ Date: / Approved by: City Attorney% Office 01256/OPN Consultant Agreement; 9.19.01.den August 10, 2001 I10-08-01 11 Prepared by Jeff Dawdso ngton St Iowa C~ty IA 52240 (319) 356 5252 / FOR ARC ECTURAL DESIGN SERVICES. / WHEREAS the need t construct the Near Southside Transportation Center has bee ~dentified in the Near Southside ~eighborhood edevelopment Plan and the City of Iowa City Capital Impr~m~dents Program; and WHEREAS OPN Architects Inc, in a team with HLM Architects of Iowa ty and Desmond Parking administration); and \ WHEREAS, City staff has negotiated a con Itant agreement with PN Architects to conduct final design and · ' ' eE~ethn~nsportation C,~ copy of which agreement is attached TNHOA~,: THEREFORE, BE IT RESOLVED BY TH"~ITY C UNCIL OF THE CITY OF IOWA CITY, IOWA, 1. The consultant's agreement attached hereto is the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the Ci Clerk to~t~est said consultant agreement· Passed and approved this ~ day of \~\I\ ~ ,2001. MAYOR "., Apl~roved ATTEST CITY CLERK City Atto ,, 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 / Vanderhoef Wilbum THIS AGREEME , made and entered into this day of ,2001 by d between the and OPN A.ch,,ec,,,nc., o. Cedar IA-03-0086), hereinafter "Project"; and / WHEREAS, the basic size, ~ration and budget for the Projec,t/has been established in a Phase I Schematic Design lnd the parties now desire t~' contract for the remaining design phases of the Project. NOW THEREFORE, it is agreed by between the that the City does now contract with the Consultant to I as PART I - PROJECT DESCRIPTION A. The Project consists of the following ele s as delineated in the Phase I: Schematic Design Services Report prepared and 2000, is incorporated herein by this reference: \,, \ \ 1. Demolition of the Union P Bank '~,~_ ectronics Cave Building on Block and 102. \ 2. New approximatel, four level parking fa~(lity with an add alternate for an approximately 100 fifth level. 3. Shell space ~roximately 2,950 gross square feet for use as a Greyhound bus station. 4. Shell sp of y 8,990 gross square feet and outdoor play area of gross square feet for use as a day care. 5. bicycle parking area. 6. street and sidewalk design along Court street and the south 300' of Dubuque Street. Realignment and widening of Dubuque Street iS not included. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 2 of 16 B. The Project will consist of one construction phase. C. The ~ ~struction Cost 1. ity and the Consultant hereby agree that the ' d budget for to be computed as follows: a. $8,067,625.00 b. Fifth Level $1,100,000.00 c. ~fiency (5%+/*) $408,487.00 d. Construction Cost: ,' $9,576,112.00 / 2. The referred to in Pa '1, C, , c in the amount of $408,487 is during Construct' n to accommodate necessary only be spent with City ,roval. D. The construction of the Project be by co bid on a single bid package. The Form of Agreement shall be Contract between the City and the Lowest Responsible Qualified Bidder. E. Project Representatives: 1. The following individuals are to represent the parties to this agreement. As far as assigned by all parties shall remain assigned to the proj through ~al Completion. Exceptions shall be made upon mutual agreere, of the Cit, I the Consultant. 2. Owner's Designated a. Jeff Davidson Director of Planni"n,9 and Community Development b. City of Iowa Cil ', c. 410 E, Wash ]ton Street ",~ d. Iowa City, 52240 e. 319-3! f. !iowa-citv.or~ ,. , g. Joe Director, Department of Parking and TrafiSit h. Cil Iowa City i. 4' Washington Street '. j. City, Iowa 52240 k. I. ioe-fowler@iowa-citV.or.q 3. Designated Representative: a. Bradd Brown, AIA, Principal b. OPN Architects, Inc. c. 625 First St. S.E., Suite 460 d. Cedar Rapids, Iowa 52401 August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 3 oE 16 e. 319-363-6018 f. bbrown@opnarchitects.com 4. ,cialty Consultants as identified below are retained at Consultant's and expense a. Engineering/Parking Design: DESMAN Associa b. I Engineering: Shoemaker & Haaland. c. Fire Protection and Mechanical Engineering: n d. Engineering: HLM Design e. Architecture: To be determined. PART 2 - SCOPE OF A. Consultant agrees to the following services for City, and to do so in a satisfactory manner the provisions of Pa B. Project Administration Services 1. The Consultant shall mana the services and administer the project through the phases 'ibed The Consultant shall consult with the City, research applicable Project meetings required by this agreement, communicate of the Project Team and issue progress reports. The coordinate the activities of the Consultant's Specialty Consultants those services provided by the City and the City's other Consultants. \ 2. When project parameters are ...,,,~,,,,y defined the Consultant shall prepare and periodically update a Pro schedule hat shall identify milestone dates for decisions required of the design se ~ces prowiZ led by the Consultant, completion of d provided ~ Consul ant, commencement of construction and Completion. 3. The Con.sultant shall ,~' the value of a!terna. 've materials, building systems 4. The Consu shall submit design documents the City at intervals appropriate 1 ~rocess for purposes of evaluation an approval by the City. a. Thes, ~itt~ls shall include rigidly mounte drawings and public pn of the mounted drawings a rials as needed and , to explain the Project. b. and public hearing may include th~ City Council, and of the general public. 5. Consultant shall make presentations to explain the design of the Project to representatives of the City. 6. The Consultant shall provide submittals and make a presentation at the public hearing on final approval of the Project plans and specifications. August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 4 of 16 7. The Consultant shall be entitled to rely upon the approvals received from the City's representative in continued development of the Project. Revisions to drawings, specifications or other documents shall be an additio al service when as.uch rl%~osin°sr;sst;r~:with approvals or instructions received fro~the City, including adjustments made necessary by adjustments in th~~ City's program or / project budget· / Required by enactment of codes, laws, or regulations subsequent to the preparation of such documents. c. ue to changes required as a result of the City'~failure to render decisions timely manner. C. Evaluation of Budc ,t and the Cost of Construction ,/ estimate of the estimating The Consultant sl~ll advise the City of any adjustments to previous market conditions. I ' u i exceeds t e City's budget, the Consultant shall make recommendations to ' , ' et and the City shall cooperate in determining 2. Evaluations of the City's for the project and the preliminary and revised estimates of Construction represent the Consultant's judgement as a design professional faroill construction industry. It is recognized, however, that neither nor the City has control over the cost of labor, material or equF over Contractor's methods of determining bid prices or over com bidding, negotiating conditions. Accordingly the Consultant can! and does that bids will not vary from the Consulta~ et for the or from any estimate of Construction Cost prepared o~ reed to by 3. In preparing ~ of Construction Cost th Consultant shall be permitted to: a. Includ~ encies for design, bidding a d price escalation; what matenals, equipment, co onent systems and types of t iv c. reasonable adjustments in the scope'·Of the project, with the ;urrence of the City's representative; and d· Include in the Contract Documents alternate bids a~, specified by the City's representative as may be necessary to adjust the e~timated Construction Cost to meet the City's budget for the Project. \ the Construction Cost shall be adjusted to reflect changes in the '~eneral level of prices in the construction industry. The budgeted construction costs should assume a August, 2002 start of construction date. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 5 of 16 5. If the City has established a fixed budget for the Construction Cost, and if this budget is exceeded by the lowest responsive, responsible bidder, the City shall, within 90 days of opening of Bids: Give written approval of an increase in the budget for tF Construction Cost; or ~ Authorize rebidding of the Proj~ c. Terminate the agreement; or d. in revising the Project scope and quality required to reduce Construction Cost. 1 ) If the City elects to proceed with this the Consultant shall, additional compensation, modify ~ments for which the as necessary y with the budget for 2) of such documE shall be the limit of the Cons responsibility under th section. e. If no made by the Cit, 90 days of opening of Bids, the Contract shall terminated, unless mutually agreed to by the padlea in writing. D. Schematic Design Services 1. The Consultant has com I Schematic Design Services under a separate agreement, 2. The Consultant shall update I Schematic Design drawings to reflect agreed to modifications gathered since the completion of the Phase I documents. ents shall, as necessary, include a. Site plan, b. Principal floor plan,, \ c. Exterior elevation \ E. Design Development Ser 1. The Consultant h provide Design Developm t Documents based on the approved Sch mati Design Documents and upd ed budget for Construction Cost. Docu ents shall include a. Site urvey (Provided by City as defined above.) b. Ge technical Report (Provided by City as defined ove.) '~olition Plans 1) Grading Plan 2) Utility Plan / 3) Drainage Plan 4) Landscape Plan e. Floor Plans 1 ) First Floor Plan 2) Second Floor Plan 3) Third Floor Plan , 4) Foudh Floor Plan 5) Fifth Floor Plan f. Sections August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 6 of 16 hg.1 ) Longitudinal Building Sections 2) Transverse Building Sections 3) Padial Building Sections 4) Building Elevations ~ Wall Sections Equipment Plan i. tn :ural Plans 1~ Foundation Plan 2) First Floor Framing Plan, Primary sizes 3) ;o ~d Floor Framing Plan, Primary sizes 4) rd Floor Framing Plan, Primary sizes 5) :loor Framing Plan, Primary sizes j. sin. k. heats I. ~heets / m. Fire n. Electrical Plans 1) Power Plans 2) Lighting Plans 3) Systems Plans o. Electrical Cut Sheets p. Outline Specifications q. Cost Estimate 2. Design development documents '~.hal prepared based on periodic review meetings with designated of the City and their designees to define and illustrate the forms, sizes and appearance of the Project. The meetings shall be at intervals so as to allow timely completion of the design podior act, adequate review time for City decision making, and C ~ by the Consultant. eligible reimbursable e~ only if requested ~ the City. F. Construction Docu e~~ts Phase Se~ices 1. The Co ultant shall provide Construction Documents base on the approved Design evelopment Documents and updated budget for C nstruction Cost. udget shall include any adjustments in scope or ality or budget he b; 2. cribe in ments for construction of the Project. These documents will follow the general format of August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 7 of 16 paragraph F1 and sha~l include Specifications and Drawings that describe in \ detail the quality levels of materials and systems required for the Project. The Consultant shall prepare the documents in electronic format. a. Autodesk AutoCAD 2000 or compatible program approved by the City will be accepted. , Two complete sets of electronic data shall be transferre to the City on disks. c. addition, five full sets of scaled plots of all drawings s all be provided to C~ty. d. ull sets of hard copy and electronic copy speci ' ' shall be given to / 4. The with the assistance of the City, shall ¢~velop and prepare the general nents for construction of the project. The City shall be responsible to 'ovide standards practiced by ,;{he City relating to the administration Project, payment procedures/and insurance requirements. The Consultant will sist in developing: / a. Bidding and information d cribing the time, place and conditions of the hi, b. Bidding forms. c. Supplementary .._ Other Condition of the Contract for Construction. The City's general con itions shall be art of the general requirements for construction of the Proje t and the C tract for Construction. 5. The Consultant shall prepare a ales ' ate of construction cost, including site development costs, in sufficient d tail o identify Project phasing requirements, contingencies, design cost ' Administration, inflation and any alternates recommended. forms, General Condition Sup o ,, Drawings. \ 2. The Consultant shall a: :y in establishing list of prospective bidders. 3. The Consultant ,dake to complete the ]~g during the bidding of the Project: a. Docume ~lan holders eCit~y. b. Condu Conference on site. c. Res luiries. d. EZp and respond to substitution requests. e. Pr pa and distribute addenda. f. are a list of qualified bidders for the City. g. Distribute plans and specifications on behalf of th h. Provide plans and specifications to plan rooms. \ 4. The Consultant shall assist the City in receipt, opening, and evalua'~i~n of bids and in determination of the successful bid or proposal. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 8 of 16 H. Construction Administration Services 1. The Consultants construction review and inspection responsibilities begin with the City Council award of contract and ends with the final retainage payment 30 days after formal City Council acceptance or work. 2:'.. The Consultant shall visit the site at intervals necessary to beco e familiar with "\ the progress and quality of work and to determine in general if e work is being erfo led in a manner indicating that the work when co pieted, will be in a or 5nce with the contract documents. From the begi ing of footing and ~oeu~ lion construction through the "Certificate of Subst tial Completion" site ,ess r 3. ~nt shall not be required to be continuo~/lly on site. 4. The ~ct shall as necessary but no le than monthly keep the City informed on }gress and quality of work and endeavor to guard the City defects ~ cies in the work. The co.su,,an,al,he work in progress, ..,ess specifically, 6. The Consultant shall lend co/no rejec on of work that does not conform to the contract documents sent of the City may require additional tests and inspections be insure contract document compliance of questionable components. 7. The Consultant shall assist in reparation and processing of all required "Field Instructions" and "Chan~ and review and approve or take other appropriate action on als in a timely manner (ten (10) working days or less) so as not to de , constru< n, but such review and approval shall be for the limited conformance with the information provided and the design c ex~ the signed documents. p n project, since ~ a solely the Contractor's resp nsibility under the Contract for Constructi Communications by and with ~onsultant's consultants shall be throu Consultant. 9. The shall prepare record drawings showingShose changes made during based on information furnished by the C~y. I. Owner Su~ 1. The City shall notify the Consultant of any modifications to the program setting fo~h the objectives, schedule, constraints and criteria, including space relationships, special equipment, systems and site requirements. August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 9 of 16 2. The Consultant, with the assistance of the City shall furnish and update an overall budget for the project including Cost of Construction, contingencies and other costs associated with the project. ', 3. The City shall furnish the services of other specialty consultants wwo~n services which are unforeseen and are reasonably required by the scope he Project and are requested by the Consultant. PART 3 - OF COMPLETION A. The It~ shall complete the following phases of the Pro' ct in accordance with the JulE sl own. The City and Consultant shall make II practicable efforts to meet the oblig% ons imposed by this schedule and provide e necessary information, review and deci ns identified in accordance with the sc . B. Design Schedule / 1. Complete ' the end of Au~st, 2001. 2. Complete Design by mid-Nov/e(nber, 2001. 3. Complete 95% Document/eview set by the end of December, 2001. 4. City will provide by January 21, 2002. 5. Complete Construction Documents ' the end of February, 2002. 6. Receive Bids in March, 2002. \ C. Th~s schedule includes bme for C y rewew of d,ocuments prior to authonzat~on to proceed with subsequent phases ',\ \, D. Modifications of the individual portions of the Design'~'~chedule can be made upon mutual agreement of the Con ultant and the City. ExtenSiOn of the total for the design portion of the project shall t exceed 90 days. If the tot~| does exceed 90 days, the budget shall be adjusted o reflect changes in the general level of prices in the construction industry. Cit Council approval of this agreement i~estabtished as the date of Agreement approval.. PART 4 - GENERAL TE A.The Consultan shall not commit any of the following employment practic~ and agrees to prohibit t ' ' ' ny subcontracts. ". 1. To di/scharge or refuse to hire any individual because of their race, colonreligion, se×; national origin, disability, age, marital status, gender identity, or sexual orientation. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 10 of 16 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. his Agreement shall be binding upon the successors and assigns f the parties h eto, provided that no assignment shall be without the written cons t of all Parties to s id Agreement. C. It is un rstood and agreed that the retention of the Consult t by the City for the purpose o the Project shall be as an independent contractor and shall be exclusive, ,o emp,oy s.ch as' be req.,red \ D. It is agreed by the (;;!ty that all records and files pedab to information needed by the Consultant for the Pf. gject shall be available by sai t upon reasonable request to the Consultant. The C, ity agrees to furnish all assistance in the use of these records and files. '. the City of Iowa City, Iowa. F. At the request of the City, the ChOsE shall attend meetings of the City Council relative to the work set forth in this 'eement. Any requests made by the City shall be given with reasonable notice Consultant to enable attendance. Such meetings shall be arranged to with regular project meetings scheduled for Iowa City. G. The Consultant agrees upon completion of this Agreement and upon demand by the City, cop all basic notes and sketches, charts, computations, and any other data prepar or obtained by the Consultant pursuant to this Agreement without cost, and restrictions or limitation as to the use relative to specific Projects covered In such eVent, the Consultant shall not be liable for the use by the City or others. H. The, rees to furnish all reports, speci~cationS,~. and drawings, with the seal of a engineer and/or architect, as appropriate for the activity affixed ]uired by Iowa law. \ I. The agrees to tender the Consultant all fees in a timely, manner, excepting, that failure of the Consultant to satisfactorily perform in accordance with this shall constitute grounds for the City to withhold payr~nt of the amount to properly complete the Project in accordance with this Agreement. The shall, within 7 working days of receipt of invoice from the Consultant, identify in . writing any grounds it might have for withholding payments, either in whole or in pad. Such notification shall include justification for the withholding. If the City has no grounds for objection, it shall make payment in accordance with the provisions of Part 5 within 60 calendar days of receipt of Consultant's invoice. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 11 ot 16 J. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in furl force and effect. K. Original contract drawings shall become the property of the City. The 'onsultant shall be allowed to keep reproducible hard and electronic copies for the onsultanrs own USe. L. Fees paid for securing approval of authorities having jurisdicti over the Project will M. i greement, Consultant acknowledged .5 of the Iowa Code City officer or employee from having a interest in a contract with the City, certifies that no employee or officer of the which includes members of the City ~uncil and City boards and commissions an interest, either direct or indirect, ~s agreement, that does not fall the exceptions to said statutory provision Section 362.5. N. The rees at all times material this Agreement to have and maintain professional insurance covering liability for the Consultanrs tnd omissions to the in the sum of $1,000,000. O. Dispute Resolution 1. All claims, ansing out of, or in relation to the interpretation, of this agreement shall be initially negotiated between the de ]nated project representatives of both parties. 2. If negotiation between project representatives does not result in a settle referred to the representative of each party or its designee attempted resolution of the matter. 3. Both ~nnot be resolved by mutual agreement of the principals, matter will be to an alternate dispute resolution process, whic be mediation. 4. Mediator be selected by and agreed to by both parties, If not mutually reed to by both parties, para! shall apply. 5. Media hear the matter and provide an in rmal opinion and advice, none of shall be binding on the parties, but is e ected by the parties to help re,, s . n a t i t n ~ediator's fee shall be shared equally by the parties. 6. If mediation fails to resolve the dispute, either party may then pursue another form of alternate dispute resolution or litigation. \ 7. Language similar to this shall be incorporated into agreements between the Consultant and the subconsultants. August 10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 12 of 16 P. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Part 5. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Cons~ Upon receipt of payment, the Consultant agrees to furnish, upon termir of this ,~ reement and upon demand by the City, copies of all basic sketches, cha s, computations, and any other data prepared or obtained Consultant pursu nt to this Agreement without restrictions or limitation as tc use relative to specific rojects covered under this Agreement. In such event Consultant shall not be liae for the City's use of such documents on other Proj ct'. The reproduction costs for thi material shall be a reimbursable expense~m PART 5 - COMPENSATI FOR SERVICES e 1. Design Phase fees a based on the Cos ' Construction, including the level d at a maxin?.uf $9,167,625.00 (not including the construction If the of the Consultant are changed from those described in this reement, Consultant's compensation shall be adjusted in an equitable reed to manner. 2. The Consultants com be a lump sum fee of five hundred ninety five thousand, eight hundred five dollars ($595,895.00). This is based on a multiplier of 6.5% of the amot in item A.1, above. This fee amount is broken down as follows: ,\ a. Schematic Design \, $89,385 b. Desig (30%) \ $180,770 c. Construction (30%) '~ $180,770 d. Bidding $29,790 e. Constru Administration (20%) $ 7,180 3. A t to th ( , for $33,000 paid to the Consultant for hase I Services will be I to rd item 2a above This amount is approximat ly one-th rd of the fee for ~rvices. ' B. The stipul~ ~d sums shall be paid in partial amounts equal to up to 90% of the work each p i~h ~ i Scope of Services and the actual progress of the work at the time of the application. Payments will be made no more than once monthly according to the City's schedule of check release and related processing schedules. August10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 13 of 16 C. If the City fails to make monthly payments due the Consultant, the Consultant may, after 7 calendar days written notice to the City, suspend services under the Agreement until the City has paid in full all amounts due. 1. Eligible Reimbursable Expenses I~sat~dd ' ' or holders at 1.0 times the rate b a. Transpodation in connection with the Project, authorized ou travel, and sustenance. For the design team, DESMAN's ;age/lodging to Iowa City witl be eligible as a reimb expense, at a rate of $130 per visit per day., per person, This rate lodging at $100 per day, and meals Travel costs are bursable at a set rate of $120 per da mum. This rate car at $80 per day and gas at per day. Receipts for ~ 'ill be submitted. b. plots, standard form docum, postage, handling and of service. The Bid Documents and the cost to such documents shall reed to in writing by the City in advance ~rinting. Plots and for routine in-house use and meetings is not eli ~ for reimbursabh Reproduction of Design Development ~ and final sets is a reimbursable expense. Reproduction of bid Jments for design team, City, and plan rooms iS a rell c. Renderings, models and requested by the City. d. Long distance data or other forms of electronic communications including associated with a project specific toll free phone number. Phone call~ the Design Team are not reimbursable expenses, e. Photography related ~tation of existing conditions and construction progress. \ \ . h II be ded 2. Detailed records of expenses s ~ ~nclu in monthly invoices. 3. An initial limit to the rei expenses shall'~1~.testablished at $25,000. This amount is in addition fee amount listed in 5,A,2. This limit is based on Construction ri c The limit may be lpon agreement between th~,ity and the Consultant. rvices are those Consultant services beyond hose described in Part I ar 2. Additional services shall be provided by the onsultant only if review and schedule of payment release. Computation of additional services shall be in accordance with the Consultant's schedule of hourly rates current at the time the additional service is authorized. August10, 2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 14 of 16 2. Subconsultant time required, as pad of the additional service, shall be invo' es at 1 .'t,~mes the amounts billed the Consultant. 3. Detai d records of additional service expenses shall be included n monthly invoil :as. 4. The }llowin are excluded from the scope of this basic services reement: a. Land S ey Services. b. Geotechn al Services. c. Existing Fa 'ities Surveys d. Economic Fe ibility Survey e. Environmental tudies and Reports f. Coordination of ner Supplied Data: 1 ) Tele.commun ati ~n.s Systems Related Se ces g. h. Interior Design - Furhis Fixtures }ment i. Multiple Bid uitding ~n. j. Value Analysis k. On-Site I. Construction Management m. Stad-up Assistance n. Commissioning Services o. Post Contract Evaluation p. Tenant-Related Services. q, Design services for the build. daycare, and tenants. r. Hazardous material ! abateme s. Archaeological services. t. Revisions as PART 6 - MISCELLANEOUS A. All provisions of the Agr, shall be reconciled in with the generally accepted standards of I Profession. "\ B. Nothing in this ;nt shall create a contractual relationship with or cause action in favor of a third pal ainst either the City or the Consultant. '\ \ C. The Consultar have no responsibility for the discovery, presence, handling, removal or of persons to hazardous or toxic substances that existed on the site previou this agreement, or prior to the discovery of such materials. D. for this agreement and all subsequent agreements between the City a the Consultant, between the City and its other consultants, between the City and shall be as provided by the City. E. The Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior among the Consultant's August 10, 2001 CONSULTANT AGREEMENT FOR ARC}~ITECTURAL DESIGN SERVICES Page 15 of 16 and professional materials. Such materials sha~l n divulge any or proprietary information if the City has previously identi ed in writing the ,he the Project. / / / / / August10,2001 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES Page 16 of 16 PART - EXECUTION T/ 31TY FOR THE CONSULTAN By: By: Title: Title: Date: Date: ATTEST: A by: City Attorney's Office )ate: '~- Jccogtp~agt\rampconsultant.doc August 10, 2001 Prepared by: David Schoon, Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 01-326 RESOLUTION SELECTING A PREFERRED DEVELOPER FOR THE REDEVELOPMENT OF URBAN RENEWAL PARCEL 64-'1A. WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City-University Project I Urban Renewal Plan (Project No. IA R-14), the uPlan", which Plan has been modified and amended from time to time; and WHEREAS, the Plan identifies the disposition of Parcel 64-1a for redevelopment purposes; and WHEREAS, on March 20, 2001, the Iowa City City Council adopted Resolution No. 01-68, authorizing and directing the solicitation of offers to purchase Urban Renewal Parcel 64-1 a for a Private Redevelopment Project; and WHEREAS, by August 3, 2001, and in response to the City's request for proposals, the City received four development proposals for Parcel 64-1 a; and WHEREAS, Marc B. Moen, Michael S. Moen, and Monica B. Moen submitted a private redevelopment proposal for Parcel 64-1a, titled "The Plaza Towers," and which proposai consists of conference facilities, extended stay hotel suites, apartmentJcondominium units, and commercial space, which specifically includes a grocery store; and WHEREAS, a committee consisting of City staff members has reviewed the proposals and based upon the evaluation criteria in the request for proposal recommends Marc B. Moen, Michael S. Moen, and Monica B. Moen as the preferred developer and their private redevelopment proposal for Parcel 64-1a, "The Plaza Towers," as the preferred development project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest and consistent with the goals and objectives of the City-University Project I Urban Renewal Plan (Project No. IA R-14) to select Marc B. Moen, Michael S. Moen, and Monica B. Moen as the preferred developer and their private redevelopment proposal for Parcel 64-1 a, "The Plaza Towers," as the preferred development project. 2. The City Manager is hereby authorized to negotiate, for Council approval, an agreement for private redevelopment of Urban Renewal Parcel 64-1 a with the preferred developer, Marc B. Moen, Michael S. Moen, and Monica B. Moen. Resolution No. 01-326 Page 2 3. If a redevelopment agreement has not been executed at the conclusion of 90 days, the City, at its sole option, reserves the right to rescind the designation of the preferred developer or to extend the time period allowed for negotiation and execution of a redevelopment agreement. Passed and approved this 8th day of October ,20 01 AYOR C E ~7 It was moved by W11burn and seconded by Vanderhoef 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~DEV641A. DOC City of Iowa City M MORANDUM Date: October4, 2001 To: City Council , ~ From:Kar, nFra.k,,.. D~rector, Planning and Community Dop David Schoon, E onomic Dev Iopment Coordi a Re: Parcel 64-1a Preferred Developer Questions At your September 25 meeting, Council members asked a few questions regarding the proposed projects for Parcel 64-1a. Below are responses to those questions. 1. How many hotel rooms would be desirable to have under "one rooF' (two roofs in our situation) to support the next size conference facility? For those conferences requiring that hotel rooms be located under the same roof as the conference facilities, the Iowa City/Coralville Convention and Visitors Bureau, estimates that ideally one would want to have approximately 350 hotel rooms under one roof with a 30,000 square foot conference facility. Three hundred fifty hotel rooms would provide a sufficient number of hotel rooms for specific conferences requesting that all the rooms be under one roof. However the CVB has estimated that only approximately 1-2 conferences per year may demand that 350 hotel rooms be under one roof. Given the limited number of conferences requiring this arrangement, any additional hotel rooms would also need to be occupied by guests other than conference attendees. Any new hotel would also have to compete for non-conference (leisure and business travelers) hotel guests with existing Iowa City and Coralville hotels and their nearly 2100 hotel rooms. 2. What types and sizes of conferences would this type of space help the community bid for? The Convention and Visitors Bureau has provided us with a list of potential conferences and conventions that may be interested in a facility/facilities with 25,000-30,000 square feet of meeting space connected or adjacent to the Sheraton and a minimum of 50 additional rooms. The list is not a complete list of potential conference business, but is provided to give you an idea of the types of conferences that may be interested in such a space. Potential Business 4 Total # # of of Hotel Hotel Room Rooms Nights on Peak _ Night _ Bowring Proprietors Assn - Upper Midwest Conference 400 200 IA Assn of Homes & Services for the Aging - AnnuaJ State Convention 200 100 **IA Credit Union League - Annual State Convention 700 300 **rA Funeral Directors Assn - Annual State Convention 500 250 **fiA League of Cities - Annual State Convention 1200 500 Motor Truck - Annual State ~ 500 240 IA Public Transit Assn - Annual Convention 200 100 **IA Realtors Assn - Annual State Convention 900 300 IA School Buildings & Grounds Assn - Annual Summer Meeting 300 15~ **IA State Assn of Counties - Annual State Convention 1000 40d IA Telecommunications Assn - Annual State Convention 400 275 Independent Insurance Agents - Annual State Convention 400 20~ Division of Tourism - Iowa Tourism Conference 400 200 National Soybean Growers Assn - Midwest Conference 500 30~ **United Methodist - Regional Conference 600 45~ **United Methodist - Women's Conference 400 250 Total 8600 ** Convention may require more space than the additional 30,000 sq. fi .proposed. Source: Iowa City/Coralville Convention & Visitors Bureau. 3. What specific energy conservation methods would each project incorporate into its design? Both the Moen Group and the Executive Hotel Group have submitted information regarding energy conservation methods that they may incorporate into their designs. You will find that information attached. 4. What amount of property tax revenue and hotel/motel tax revenue would each project generate? The attached chad provides a rough estimate of the amount of property tax revenue and hotel/motel tax revenue potentially generated by the Moen Group project and the Executive Hotel Group project. Please note the assumptions listed at the bottom of the chart. Given these assumptions, these estimates begin to give a picture of the potential tax revenue from these projects but should not be read as absolute or definitive figures. We should also note that each proposer has previously submitted their own tax revenue estimates based on their own set of assumptions. Copies of these estimates are attached. 5. What amount of tax increment financing would be available for the projects? An estimate of the amount of up-front tax increment financing available for a project would be approximately $180,000 per $1 million of assessed property value added to the site. The actual amount of tax increment financing that would be provided for the preferred project would be based on further financial analysis of the project, a demonstrated need for the financial assistance, and the available tax revenue from the project and the TIF district. Cc: Fred Keywell Marc Moen Joshua Schamberger, CVB Preferred Developer Selection Committee U:\downtown\64-1 a\council memo 10-08.doc U:\FILES\DOWNTOWN\64-1A\Council Memo 10-08.doc Parcel 64-1a Development Proposals Estimated Property Tax and Hotel/Motel Tax Estimated Estimated Estimated Estimated Annua'T' Assessed Annual Annual Property and Revenue from Sale Value Property Hotel/Motel Hotel/Motel Tax Project of Site Estimate Taxes (3) Tax (4) (5) (6) Revenue The Moen Group $250,000, negotiable Residential Component Assessed As Commercial (~) $ 20,700,000 $ 679,022 $ 141,994 $ 821,016 Residential Component Assessed As Residential ~2) $ 16,850,000 $ 552,730 $ 141,994 $ 694,724 The Executive Hotel Group $250,000, negotiable Residential Component Assessed As Commercml t~) $ 21,100,000 $ 692,143 $ 305,220 $ 997,363 Residential Component Assessed As Residential (2) $ 18,100,000 $ 593,734 $ 305,220 $ 898,954 Property Tax Levy Rate 32.80298 Assumptions (1) Residential Component Assessed As Commercial property tax figures assume assessed value of improvements equals construction value. (2) Residential Component Assessed As Residential property tax figures assume assessed value of improvements equals construction value adjusted for rollback on residential component of project. (3) Property taxes include all taxing entities. The Citys share is approximately 40%. (4) Hotel/Motel Tax includes all of the hotel/motel tax. The City actually receives 75% of this figure. (5) Annual Hotel/Motel Tax Moen Project - Assumes the following: hotel rate - $1 50/night; 65% occupancy; 57 rooms. (6) Annual Hotel/Motel Tax Executive Hotel Group Project - Assumes the following: hotel rate - $11 O/night; 65% occupancy; 144 hotel rooms condo rate - $11 O/night; 25% occupancy; 60 condo units Property lax estimates & hotel/motel tax estimates assume constant assessed values, constant hotel room rates, and constant occupancy rates over time. The Moen Group has indicated that their residential units would be predominately apartment units. The Executive Hotel Group has indicated that their residential units would be predominately condominium units. Parcel 64-1a Hotel Proposal 144 Rooms - Executive Hotel Year 1 Year 2 Year 3 Year 4 Year 5 r Year 6 i Year 7 Year 8 Year 9 Year 10 Occupancy 65% 70% 75% 80% 80% 80% 80% )% 80% 80% 'ADR $110.00 $113.30 $116.70 $120.20 $123.80 $127.50 $131.35 $135.30 $139.35 $145.50 Room Revenue $3,758~040 $4,168,534 $4,600,314 $5,054,170 $5,205,542 $5,361,120 $5,523,005 $5,689 ~94 $5,859,389 $6,117,984 CondoRental $711,750 $781,830 $854,100 $928,560 $947,248 $965,936 $985,208 $1,004,480 $1,024,920 $1,045,360 Revenue TotalRoom& $4,469,790 $4,950,364 $5,454,414 $5,982,730 $6,152,790 $6,327,056 $6,508,213 $6,693 ;74 $6,884,309 $7,163,344 Condo Revenue 'ltotetLodging $312,885.30 $346,525.45 $381,808.98 $418,791.07 $430,695.33 $442,893.92 $468,550.21 $455,574.90 $481,901.62 $501,434.08 Tax Cumulative Tax $312,885.30 $659,410.75 $1,041,219.73 $1,460,010.80 $1,890,706.13 $2,333,600.05 $2,789,174.95 $3,257,725.16 $3,739,626.77 $4,241,060.85 to be Collected Source: Spencer Group 57 Room Hotel Occupancy 65% 70% 75% ' 80% 80% 80% 80% )% 80% 80% ADR $110.00 $113.30 $116.70 $120.20 $123.80 $127.50 $131.35 $I35.30 $139.35 $I45.50 Room Revenue $1,518,660 $1,685,444 $1,858,950 $2,043,936 $2,103,809 $2,166,336 $2,231,877 $2,299,076 $2,368,699 $2,472,336 BotelLodging $110,718 $117,981 $138,807 $143,075 $147,266 $151,543 $156,231 $160,05 $165,808 $173,063 Tax Cumulative Tax $110,781 $228,699 $367,506 $510,581 $657,847 $809,390 $965,628 $1,125,26 $1,291,734 $1,464,797 to be Collected AS PREPARED BY TItI~ EXEt;OTIVE HOTEL GROUP Knutson Construction Services o~ ~ ~ ° z < , ._~ ~ z >~ > _ _ < ~z ~ ~ TOTAL NUMBER OF ~MS(She~n plus M-la) ~1 378 Eff~ R~m R~(a~um~ Sh~on at $1 ~nlgffi; E~e at $1~night; PI~ Su~ ~ $18~night) $131.75 $120.~ ~11~.~% ~,~.~ 3~ 1~.~% ~,3~.~ $7,0~.75 5% 18.25 $1~,128.69 ~I 1~.~% ~,3~.~ ~ ~.24% ~,~.~ ~,B0.75 5% 18.~ ~,708.69 ~11~,~% ~,~.~ ~ 87.~% ~,~.~ $1,~.75 5% 18.25 $23.~8,~ ~I 1~.~% ~,~9.~ ~ ~.66% ~,~.~ ~.~ 10% ~.5 $2,217.~ ~ ~.B% ~,~7.B ~ ~.~% ~,~.~ ~,~7.B t5% ~.75 $18~ ~ ~.91% ~2,B7,B 2~ ~.14% ~.~.~ $2,B7.B ~% 1~ ~2E '5.~ ~ 75.~% $~,9~,~ ~ B.~% $~,~.~ $2,~5.~ 10% ~.5 ~4,352.B 1~ ~.~% $~,032.50 1~ ~.3% $~.~.~ $2,~2.50 10% ~.5 ~1,4~.25 $242,~.~ $791 '4.38 ~,210.~ $38~R Eff~ R~m Rie(assumes She~ a $11 ~nlght; ~e i $11 ~nlght; PI~ SUR~ ~ $~nigM) $120.~ $110.~ ~11~.~% ~,1~.~ 3~ 1~,~% ~I,B0.~ ~,~.~ 5% 18.25 $117,~.72 ~11~.~% ~,1~.07 ~ ~.24% ~,~.~ ~,~.B 5% 18.~ ~1,3~.72 ~11~.~% ~,1~.07 ~ 87.~% ~,~.~ $1,1~.~ 5% 18.~ $21,~.72 ~1 ~,~% ~,1~.07 3~ ~.~% ~,~.~ $~.B 10% ~.5 $2,~1.~ ~ ~.~ ~5,~3.~ ~ 76.~ $31,~.~ ~,1~.~ 15% ~.75 $171 0.B 2~ ~.91% ~.192.~ ~ B.14% $~,~.~ $2,~.~ ~% 1~ $3~ ~ 75.~% $26,B9.~ 2~ B.~% $24.~.~ $2,~.~ 10% 36.5 ~6,~.10j $~1,913.6~ $725,2' $503~.11 TIlE PLAZA TOWERS A COMMERCIAL & RESIDENTIAL DEVELOPMENT SUITE 300, BREWERY SQUARE 123 NORTH L1NN STREET IOWA CIIY, IOWA 52245-2147 E-MAIL: mmoen@icialaw corn TELEPItONE: FACSIMILE: 319.358.0400 319.338.2414 MOBILE: 319.430.3010 September 25, 2001 Ms. Karin Franklin Director0f Planning and Community Development 410 East Washington Street City of Iowa City Iowa City, Iowa 52240-1826 RE: 64-la - Council Questions Dear Karin: This is h~ response to the questions asked by council at the September 24th meeting. HO3~I~L/MOTEL TAX: - ,RAT~E: · :: ~Ou~ rooms are large (525 square foot) 2 room suites. The Sheraton has two such suites and they have rented for as low as $149 to as nigh as $349 per night. A suite comparable to ours at "The Suites of 800 Locust" in Des Moines (a 51 room luxury hotel) rent for $300.00 per night. Very conservatively we would expect a rate of $150.00 per night. We would hope for a rate of $300.00 per night. OCCUPANCY: In determining occupancy it is critical to comb'me the total number of rooms at the Sheraton and at the 64-1a site. With our proposal there would be a total of 291 rooms. With the Executive Hotel Group's proposal there would be a total of 378 rooms. The only time the Executive Hotel Group's proposal wouldpotentially exceed the Hotel/Motel tax generated by our proposal is on those nights when their total of 378 rooms exceeds 77% occupancy. (i.e., 378 x 77%=291). However, since the room rate on our 2 room suites far exceeds the room rate for a traditional hotel room, our rooms will generate more HOTEL/MOTEL Tax per room occupied on any given night. I would estimate that the our rooms would be weighted at least 1.5 times compared with a traditional room for computing HOTEL/MOTEL Tax. Applying this formula om 57 rooms would produce as much revenue as 85 traditional rooms (i.e., 57 x 1.5 = 85.5) Thus, their 378 rooms would have to be 85% occupied before they would generate HOTEL/MOTEL Tax greater than our proposal. Even then you would have to offset that by the nights when occupancy is less than 85% since we would be generating more revenue per room rented. Moreover, our belief is that a large scale hotel similar to the Sheraton would tend to take business away from the Sheraton as opposed to our proposal which is intended to compliment and not compete with the Sheraton. NUMBER OF ROOMS NECESSARY TO ATTRACT CONFERENCE/CONVENTION BUSINESS: Based on our discussions with Sheraton we believe that with very rare exceptions 291 rooms are adequate to attract and service the potential conference/convention business. The Sheraton is well equipped to handle the needs of the conference/convention space that is in these facilities including kitchens on two levels of the existing Sheraton. In the event that additional hotel rooms are needed, we can easily convert the 7th floor up to the 11~h floor to hotel rooms. This would be 19 two-room suites per floor. After much discussion and analysis, it is our belief that it is much wiser to have the option for this expansion, rather than create a large hotel with rooms sitting empty on a regular basis. ENERGY CONSERVATION MEASURES: We are using the Weidt Group, the premiere energy consultant group in the midwest, regarding energy conscious design. All opportunities for energy efficient design are being .considered. We are not able to specify at this point what strategy will be utilized. That involves a long and detailed process. We will do modeling as well as computer generated calculations to test efficiency. We want to investigate more than one strategy. We intend to examine a number of possibilities including geothermal, heat pumps, hyper insulation of the building shell, lighting, water usage, shading, use of renewable resources and other sustainable design initiatives. GROCERY STORE: We are committed to putting a grocery storeln the main floor of this building. We have no hesitation putting that commitment in the development agreement. If I have not fully answered the questions or if you need additional information, please do not hesitate to contact me. 115 W~t Brown Street Facsimile Transmittal Birmingham MI 48009 FAX 248.644.6423 TO: Karin Franklin Date: September 28, 2001 FAX # ~t ~, ~ G.. ~;o~'~ File Number: Iowa City, Iowa Luckenbach I Ziegelman Architects PLLC Descdl~lon/l~ma~ks Dear Karin, Engineering Study and Architectural Lecture enclosed Hard Copy willFI ~lln~l~be sent, Numberofpagesincludingtransmittah 12 From: Robert L. Z. iegelman, FA~A Copy: 115 West Brown Street Birmingham, MI 48009 248.644.0600 FAX 248.644.6423 September 28, 2001 Ms. KarinFranklin Director, Planning and Commtmity Development City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Luckenbach [Ziegelman Architects PLLC Mr. Kanner has asked that I forward to you for distribution my engineering report and copy of a recent talk to the University of Virginia on Green Architecture. My 25 year commitment to envLronmental and energy issues has long preceded our proposal to Iowa City, and I hope you find the enclosed of some interest. I am hoping I can work with you on this most exciting project. ff you have any questions or need further information please feel free to call. Sincerely, Robert L. ~ N Eric. Robert L. Ziegelman, FAIA LuckenbachlZiegelman Architects Talk to the University of Virginia August 16, 2001 on Green Architecture Thank you for inviting me today. I called my talk: "Environmental Sustainability and Preservation" but I guess I could have called it "th'mgs that are made to go back to the soil or go back to human use", without too much waste. I heard a talk by your former Dean of Architecture, William McDonough, and he explained much of what I am going to show you today and surnrnarized it in his 9 principles for sustainable design. 1. Insists on rights of humanity and nature to co-exist (don't kill the planet) 2. Recognize interdependence 3. Respect relationships between spirit and matter. 4. Accept responsibility for consequences of design 5. Create safe objects of long term value 6. Eliminate the concept of waste 7. Rely on natural energy flows 8. Understand the limitations of design 9. Seek constant in~provement by sharing of knowledge Interestingly enough, I became involved in sustainability and preservation (environmental) purely by accident or more accurately by osmosis. I do not consider myself a "Green designer" but rather a designer with the environment in mind along with technology and humanity. It all began many years ago when I was asked to design a pre-fabricated system for a local bank which eventually led to the development of a concept that could be used for multiple building types, be inter-changeable, get rid of the need for demolition of natural resources, and partially eliminate the concept of waste. Another area of design that I will touch on in the talk is item 7 in the 9 Principles and that is the "reliance on natural energy flows." Things such as sunlighting, mass and membrane, water and air. It's interesting that native Americans long ago understood sunlighting, mass and membrane, water and air and did not waste (or leave garbage behind). Robert L. Ziegelman, FAIA LuckenbachiZiegelman Architects Talk to the University of Virginia August 16, 2001 on Green Architecture Their tents were made of wood poles and animal skins Coiodegradable). Openings at the top created natural air flows (the chimney effect) and they took their houses with them when they moved (prefabrication) and never left garbage behind since most materials they used could return to the earth and feed it. Of course the Adobe Indians understood mass. They anticipated the scope and direction of sunshine. They knew how thick a wall needed to be to transfer the heat of day into the winter night and how thick it had to be to transfer the coolness into the summer. They worked well with what we call capacity in the walls in terms of storage and thermal lags. They worked with resistance, straw, in the roof to protect from heat loss in the winter and to shield the heat gain in summer from the high sun, These were sensible buildings within the dimate in which they are located. Since the major materials were mud and straw, they returned to the earth when no longer used or became great dwellings for the local wildlife. There are three defining characteristics that we can learn from natural design. The first characteristic is that much of what we have to work with is already here- the stones, the clay, the wood, the water the air. All materials given to us by nature are constantly returned to the earth without even the concept ofwaste as we understand it. Everything is cycled constantly with aH waste equaling food for other living systems. The second characteristic is that the one thing allowing nature to continually cycle itself through life is energy, and this energy comes from outside the system in the form of perpetual solar income. Not only does nature operate on "current income," it does not mine or extract energy from the past, it does not use its capital reserves, and it does not borrow from the future. Robert L. Ziegelman, FAIA Luckenbach[Ziegelman Architects Talk to the University of Virginia August 16, 2001 on Green Architecture Finally, the characteristic that sustains this complex and efficient system of metabolism and creation is biodiversity, a miraculously intricate and symbiotic relationship between millions of organisms. As a designer of buildings, things and systems, I ask myself how to apply these three characteristics of living systems to my work. How do ][ employ the concept of waste equals food, of current solar income, of protecting biodiversity in design? Our culture has adapted a design stratagem that essentially says that if brute force or massive amounts of energy don't work, you're not using enough of it. We make glass buildings that are more about buildings than they are about people. The hope that glass would connect us to the outdoors was completely stultified by making the buildings sealed and tinting them where it looks like it's raining all the time. People are sensing how horrifying it can be to be trapped indoors, especially with thousands upon thousands of chemicals that are being used to make things today - why not use the abundance of nature. I'm going to review a few of our projects with you that touch on design using many of the principles just outlined. I thought I would start with our latest work at the University of Michigan - conveniently being an Environmental Interpretire Center, then show one of our earliest works, challenging the native Americans view on prefabrication where buildings can be used and then re-used in another location with a different use. I will then review some of our buildings showing sun-lighting, mass and membrane, water and air. I. Environmental Interpretive Center o University of Michigan A. Currently more than 6,000 children and 30,000 adults visit the site to study nature or simply stroll along its trails. 3 Robert L. Ziegelman, FAIA Luckenbach[Ziegelman Architects Talk to the University of Virginia August 16, 2001 on Green Architecture B. More than 100 middle school and High School teachers have learned methods of water and land analysis. C. The Environmental Study area serves the academic program of the University by providing an outdoor classroom for a variety of courses in the Dept. of Natural Sciences and the School of Education. D. The meadow area which was formerly a corn field, is an example of restoration using native plants and re-planting a forest to replace the buildings effect on dimate change. E. Visitors will learn about hydrologic, biological infrastructure and historical features of the local river watershed. F. A model for environmentally sound design, it includes: 1. Native materials of wood and field stone 2. Natural daylighting 3. Exposed concrete floor acting as a solar storage area 4. Solar panels 5. Biodegradable wheat board casework 6. Natural ventilation with exhaust air in high windows 7. Furniture with re-cycled products. 8. Selenium carpet 9. Solid on one side to transparent on the other 10.Emphasis on natural materials from renewable sources as opposed to manufactured products. II. Preomade buildin~ blocks for multiple use worldwide. From: EEA To: Bob Zie~elman Date: 9/27/01 Time: 5:38:22 PM Page 1 or2 ED D Y ENGINEERING ASSOCIATES, INC. · MECHANICAL i ELECTRICAL CONSULTING ENGINEERS - 6520 EHLERS ROAD -RHODES MI 48652 PHONE 989 689-6732 September 26, 2001 Robert L. Ziegelman FAIA Luckenbach Ziegelman Architects PLLC 115 West Brown Street Birmingham Michigan, 48009 Dear Bob: The following information describes the results of applying the advanced technology researched and developed for Luckenbach Ziegelman Architects. The following comparison between the energy code requirement for the State of Iowa and the values for this high technology system will help give a perspective to the results which would be achieved if this system is installed. The iowa energy code defines heat and cooling transfer ( U value ) through composite wall / windows areas and through roof construction for two close cities, Mason and Burlington. The reduction in heat and cooling transfer will have respective reduction in fuel costs. The total costs reduction will be closer to the composite wall/window (U value ) reduction, because the composite wall and window area is several times larger than the roof area. iowa Energy Code Proposed Energy Efficient Requirements Mason High Technology System Composite Wall- Roof Composite Wall- Roof Window "U" value "U" value Window "U" value "U" value U = 0.109 U = 0.044 U = 0.048 U = 0.029 58 % Reduction 34 % Reduction From Code From Code Requirements Requirements Iowa Energy Code Proposed Energy Efficient Requirements Burlington area High Technology System Composite Wall- Roof Composite Wall- Roof Window "U" value "U" value Window "U" value "U" value U = 0.130 U = 0.054 U = 0.046 U = 0.029 65 % Reduction 46 % Below Code From Code 'From Code Requirements Requirements -], High efficiency variable air volume make-up air systems which provide air side economizer systems for free winter cooling and 20% make-up air fuel cost reduction will complete the equipment requirements. A full energy management control system is recommended to give the facility the ability to learn, anticipate and prepare for potential heating and cooling load requirements. The full energy management system is necessary to adjust to quickly changing climate conditions or equipment mallunctions and initiate correction procedures which can be implemented before a complaint is received from the tenant. Records kept by the energy management system will provide detailed factual information about the conditions in a space before during and after a complaint. This information will prevent the necessity of basing corrective measures on tenant's perceived or estimated space conditions. Summary The reduction in fuel costs will be similar to the reduction in "U" value. If this system is implemented. reducinq the fuel costs will be approximately 50%, The installation of high technology glass with a "U" value of 0.14 ( R value of 7.0) is necessary for this design approach. These construction products are widely unknown to many design professionals. If desired I have product information which will explain how this performance is achieved. Please contact me if you have any questions. Sincerely, Duane H. Eddy P.E. JN2115 -2- From: EEA To: Bob Ziegelman Da~e: 9/27/0I Time: 4:55:34 ~ Page 1 of 4 09/27/01 10:21 FAX 515 281 6794 DNR ~001 Iowa Department of Natural Resources --'~. Wallace Stat~ Office Building 502 East 9m Street  Des Moines, Iowa 50319-0034 FAX SHEET. ~ER OF PAGES (Including this caver sheet)-' CctB g . Our Fax Phone Number is 515/281-6794 · "7' "Ahy problems with transmission cMl: 5151281-8681 r~wis~l 1/2000(pa) ~]~ PRINTEDON30% 542-1352.5 POST CONSUMER RECYCLED PAPER From: EEA To: Bob Ziegelman Date: 9/27/01 Time: 4:55:34 ~ Page 2 of 4 09/27/01 10:21 FA.]{ 515 281 6794 DN~R . .... ~]Q02 PACKAGE TABLES Supplement to Energy Code for Commercial and High-Rise Residential Buildings Based on ASHRAE/IES 90.1-1989, Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings AMERICAN SOCIE'FY OF HEATING, R~-'FRIGERATING AND AIR-CONDITIONING ENGINEERS, INC. ASHRAE/IES 90.1 Codo O~w~r 1993 ~ ; ASHRAE/IES 90.1 Code October 1993 Burlington, IA //35 Burlington, IA #35 BL~301.1 EXTERIORDE~IGNCONDfflON8 TABLE 402.4.1.2 MAXIMUM WINDOW WALL RATIO (WWR) WINTERDe~ignD~IhIb: minus7~F; HDD65:6094 Fen~rgionU-Fmor (Uo SUMMERDe,iBnD~yBuIb: 9laF; MeanCoinc/deatWetBulb; ?5°Fi CDD65:1002 henna[ Pwjedion Shading Ba~Case TARLE402.a.I(A)MAX~THERMALTRANSMIITANCECU) OLD) Range Range to to to to to Roof 0.054 Range 0.46 0,39 0 0.44~ ~ O,l~0 1.00-0.72 20 22 23 21 0.050 0.71-0.61 22 26 27 0.00- 0.60 -0.~1 25 30 32 26 TABLE 4023. ~(B) MAX. EXEMPT ~KYLIOHT AREA AS ~ OF ROOF AREA 0.25 0.50 - 0.39 27 ¥1s~bleL]ght Lightl~v~I Pang~'ofI~ht~ngpow~lXnslli~s 030-0.26 31 40 44 31 42 Transmi0atwe(VLT) FLCaadles <1.00 1.00-1.50 1.31-2.00 >2.00 1,00-0.72 26 30 2.3 3.4 4.5 3.6 0.00- 0.26- 0.71-0.61 20 0.73 ~0 2r~ 4.0 3.3 7.0 1.50 0.50 0.60-0.31 31 40 43 ]1 41 30 3.6 ~.1 6.6 [I 0.3~ -0.00 36 0.f0 50 3.9 6.0 8.1 10.2 1.00 -0.72 30 30 41 31 40 70 4.2 6,9 9.6 12.3 9.50+ 0,71-0.61 33 43 47 33 45 0.60-0.51 33 47 53 0.50 -0,00 36 TABLE4023,2MIN[MUMTHERMALRF~ISTANCR(R.VALUg) L00-0.72 17 81abat~rad~: Unt~.Std/Hen~t: ~241~h~s 36ind~ 48iee.~ 0.71-0.61 20 22 Horizontal R-17/R-19 R-14/R. 16 R-I1/R-13 0.00- 0.60-0.31 22 23 26 26 32 Vlwa~al R-g/R-10 R.6/R-0 R-4/R.6 0.2~ 0.50 -0.39 25 29 0.38-0.26 29 36 Wa~lbelowgrad~: 'R-10 0.2f-0.0~ 1,00-0.72 22 26 27 27 33 TABLE402.4.1,1 MA.~ WALLTHERMALTRANSMfyfANC8 {Uow) [.31 - 0.26- 0.71-0.61 26 30 32 30 3.00 0.50 0.60 -0.51 2~ 34 hsulgien Pea~,ieni 0.30 ' 039 All 0to300 0.0- 4.9 0.086 0.086 1.00-0.72 27 32 34 5.0.9,9 0.091 0.312 0.50+ 0.71-0.61 30 37 40 34 45 5,0- 9.9 0,091 0.107 1.00-0,72 60 10.O - 14.9 0.097 0.1D 0.71-0.61 18 19 20 23 27 5.0.9`0 0.093 0.119 1.51 to 3.00 I5.0 0.1 i3 0.146 L00 · 0.72 20 23 5.0- 9.9 0.091 0.110 3.01- 0,26- ~.71-0.61 23 27 28 ~9 36 5.0 - 9,° I 0.693 0,121 0.38-0.00 32 41 45 36 31 15 10,0 · [4.9 0.305 0.143 1.00-0.72 24 29 30 30 39 3.011o3,30 15.0 0.115 0.151 0.504 0.71-0.61 27 33 5.0- 9`0 0.091 0. Ill 0.60-0.51 30 37 40 35 47 62 10.0 - 14.9 0.098 0.126 0.50-0.00 22 42 46 30 15.0 0.106 0.130 ASHRAEaES 90.1 Codo October 1993 I ASHRAF. gES 90, 1 Code October Mason City, IA #130 Mason City, IA #130 TABLE 301.1 EXTERIOR DESIGN CONDITIONS TABLE4G2.4.1,2MAXTMUMWn,/DOW WALLRATIO WINTERDeaignDryBulb: mlnuslSoF; /'ID065:7735 Fa~s~ationU-Factt~CUoI ~UMMI~RDealgnDB, Bulb: 119°F; Me~nColnddentWetBulb: 74oF; CD065:6511 latin'ant Projectlca, t 8healing Ba~Cue PetimelerIZht~,li~ting imnualOlnnthgH°urs, aA34-4Plvlwhen55~F<-T<=69~F: 610 Load Faaot Coefficient Dmsity (PF) (SCK) 0.68 0.45 0,211 TABLE 402.3. I(A) MAX THERMAL TRANSMITTANCE (U) ] (ILD) Range Range to to 1o N/A TABLE 402.3. I(B)~M/~X. EXI~MPT 8KYLIOHT AREA AS % OF ROOF AREA 0.10 0.50 - 0.39 23 32 42 038-0.26 25 36 Vi~ibll Light" Light level Range of Lighting Pow~ Demiti~ 0.25 - 0,00 27 40 63 Trammltar~(VLT) Ft Candles <1.00 1.00-1.$0 1..$1-2.00 >2.00 1.00-0.7:2 23 31 38 70 2.8 4.6 6,4 8.2 0.~0-0.39 26 39 S7 0,50 ~0 3,9 6.0 11.1 10.2 1.00-0.72 26 37 49 70 4.2 6.9 9,6 12.3 0.50 - 0.00 28 43 67 TABLE 4023.2 MINIMUM THERMAL RKqISTANC. E (R-VALUE) 1.00 - 0.72 1 ? :20 22 j0.71-0.61 20 24 27 81tbongrade~ Unheale, d/Healed: 24inches 36inches 48inches 0.00. 0.60-0.51 21 :27 31 He~izonhl R.IR/R.20 R-15/R.17 R. I1/R. I3 0.25 0.50-0.3~ 23 30 36 ~/efilcal R.gt'p,.10 'a.6/R.8 R.4/R.6 0.3~. 0,26 26 34 45 Wail below grade: R.I 1 0.25.0.00 29 41 TABLE402.4.I.IMAX-WALLTHERMALTRANSMFIT.~NCE (Uow) 3.00 0.50 0.60-0.51 2S 34 43 All 0 to 100 0.0 . 4.9 0.072 0.072 1.00 - 0.72 25 33 40 L0- 9.9 0.075 0.091 0.50+ 0.71-0.61 27 37 47 0.50 - 0.00 29 42 60 5.0- 9.9 0,075 0,093 0.71-0,61 18 2~. 24 15.0 0.085 0.108 0.25 0.50.0.39 22 27 32 5.0- 9.9 0.076 0.096 0.311-0.26 :24 32 40 ~.0 - 9.9 0.076 0.097 3.0/- 0.26- 0.71-0,61 22 28 33 · 15.0 0.098 0.116 0.50.0.39 26 34 44 5.0 - ~.9 0.076 0.098 038 - 0.00 211 39 53 16 IO.0 . 14.9 0.083 0.113 1.00' 0.72 23 30 36 3.01103.~0 I~.0 0.0~9 0.11g 0'50+ 0.71-0.61 25 34 . 42 0-60-0.51 27 36 48 IOWA CITY P.O. gox 64 · IOWA CITY, IOWA 52244-0064 · (319) 354-0863 October 3, 2001 ~ Honorable Mayor & City Council ~__C') ~ City Hall > ~ ""' 'FI 401 Washington Street C~'~c ~ "' Iowa City IA 52240 =< ~Tn -~ Re: Urban Renewal Parcel Lot 64-1A ~_~.~2~ ~ Dear Mayor & Council Members: The Downtown Association of Iowa City's goal is to advance the economic, professional, cultural, and civic welfare of downtown Iowa City. The development of the last remaining downtown urban renewal parcel will greatly impact the environment in which our organization serves. We have evaluated the four development concepts and support The P/aza Towersproposal by the Moen Group of Iowa City. The DTA feels this proposal provides the most attractive blend of shops, conference space, living space and retail to complement the existing downtown landscape. Thank you. Paul Smith, President Doris Kobliska Austin Burke Clothiers Executive Director 319.337.4971 319.354.0863 Marian Karr From: Nancy Purington [npstudio@zeus.ia.net] Sent: Tuesday, October 02, 2001 12:45 PM To: city council Subject: Iowa city artists Dear City Councilors, Iowa City continues to thrive and shine brilliantly due to your governing efforts. As a local artist, I want to thank you for continuing to include artwork elements as part of your efforts in renovation and new construction. Marc Moen is a citizen who is also involved in community rebuilding. I wish to share with you that he has discussed with me his plan to include artworks by local artists in his design for the hotel/conference center which he is planning. This would include not only major works in reception lobbies, but also small works in each hotel room and suite. This investment would give work to local artists who remain outside and on the fringe of our economy. Artists need jobs. As you review the want ads, you will discover that there is no category for Artists Wanted. Marc is taking a pro-active position as a menmber of this community to hire and purchase creations by local artists which reflect the heart and soul of our community. I hope you will consider the economic impact that the scope of his project will entail and support his efforts by voting yes for his initiative. Again, I am also concerned that this concept be fully developed by the Public Art Advisory Committee. It would mean that a focused effort be made to 'seek out' and to 'develop projects for' artists who live and work here. Their creations show the world who we are as a community and project our unique sense of place. Sincerely, Nancy Purington, MFA Artist/Consultant 414 East Market Street Iowa City, Iowa 52245 As a concerned citizen and taxpayer of Iowa City, and as someone who has studied both the downtown area and the possibilities for parcel 64-1a, I have serious reservations about the direction the City is heading with that site. I am giving you my thoughts on why the ideas that seem to be favored are risky and not in the best interests of the City of Iowa City and its citizens. James A. Clark HOTEL AND CONDOMINIUMS ARE NOT A WISE USE OF PARCEL 64-1A NATIONWIDE HOTELS ARE STRUGGLING If you question what you read here, read the attached article from the September 28, 2001 Wall Street Journal. With the economy in recession and deep trouble, the hotel business becomes one of the highest risk adventures in investment. Hotels were in bad shape before September 11 - now they are struggling with 40% occupancy rates. They need 60% to survive. Hotels are scrambling to survive - scrambling to adapt to recession. PricewaterhouseCooDers says the hotel situation is bad -and troubles for the lodging industry could ~et worse. Existin~ hotels are askin~ for held in the form of federal, state, and local bailouts. They are looking for permanent tax relief. Some are cuttin~ Drices, some closin~ down. Some are leased out for other uses - such as dormitories for NYU. Too manV hotels too close to each other, neither survive. Niche hotels are only good when the economy is good. This won't be limited to big city oDtourist destination hotels. The entire industry will feel the effects. HOTEL REAL ESTATE INVESTMENT AND HOTEL MANAGEMENT ARE NOW REGULARLY SEPARATED DUE TO RISK The new wave in hotel in hotel development is a managing company, separate from the real estate investment. Management does not own the real estate - too risky but lets others develop and build. Many owners instead of a small group of investors spread risk and losses. HOTELS NEED TO OPERATE WITHIN ECONOMIC LIMITS TO SURVIVE A 50% mortqaGe (debt) to 50% equity (mersonal investment)is desirable to cushion a Dro~ect through troubled times. Hotels with low debt service to none, low overhead, and limited services are the most likely to survive. Chain or franchise operations are more likely to survive. Franchise operations have benefits of call ahead nationwide reservation networks, purchasing power, and better management. Cheap lod~in~ is better poised to survive than luxury hotels. Experience and monetarV backin~ and connections are essential in the hotel business. IOWA CITY WILL NOT SEE SIGNIFICANT NEW HOTEL MOTEL TAX REVENUES. There will not be additional hotel/motel tax generated, only the same amount split between the two hotels. TWO HOTELS WILL BRING PROBLEMS FOR BOTH Chuck Goldberg, General Manager of the Sheraton, has said: the Sheraton can use extra convention area to support their hotel but not enough to justify its cost. too manV additional hotels are going up other side of the River (Coralville). adding a hotel will not increase the hotel-motel tax. Indeed it may be less, perhaps less because of more hotels in Coralville. The two downtown hotels will be commetinG for limited overnight guests. Both will have ma~or financial problems. Hotels need a 60% occupancy rate to survive. What is the Sheraton's current occupancy rate? 2 Eventually both hotels will be foreclosed, closed, or sold for other uses. A sham~ to risk destruction of both hotels when one could have survived. What happens to building when both Hotels have problems? Sell one to University for offices or a dormitory (and off the tax rolls)? Consider the Hotel Jefferson. Supplement the second to keep hotel in town and open? Don't forget that the City lost $1,900,000 when the mortgage on the Sheraton (then Holiday inn) was foreclosed. What are we willing to risk this time? CONDOMINIUMS ARE NOT THE SOLUTION Condominiums will have problems if located above a problem hotel. There may be too much risk for condo purchasers, not knowinq if lower levels will be converted to some other use, such as student housing. Also not knowin~ what business will be placed in the first floor commercial. Owner occupied condos too high above street level, too expensive, no private parkinq, too noisy, too many students in area partyin~, etc. High-rise apartments have to rent at a much higher price because of cost, thus increasing rents throughout iowa City. Anew grocery store to serve the condominiums, hotel, etc. will jeopardize the existence of the Iowa City New Pioneer Coop. It is not a well thought out decision to sell a $1,800,000 parcel of land for $250,000.00. The results could haunt us in the future. What about a 36,000 square foot Open Air Multi-Purpose Convention Center which will attract people back downtown and serve the local meomle; will keep surface parking to support the Ped Mall and existing businesses; will keep Oarkin~ for the library patrons; and is not something that could be detrimental to downtown iowa City. Empty Rooms U.S. Hotels Struggle Moreover, a structural Shift in the in- dustry means there are more stakeholders ToCopeWithDrop to absorb any losses. Often the risks of a In Guests Since Attack project are split between the owners and a management company-both of which are now in many cases publicly traded. Though there will be trouble for poorly Luxury Inns Are Hit Hardest conceived projects, "you're not going to see a chaln'S downfall" this time around, ' And Lots More of Them predicts Kaptia Kapur Anad, a partner with consultants KPMG LLC. "I don't ·: 'Have Been Built Lately thihk the sky is falling." Luxury Properties Phone Call Instead of a Trip Hardest hit are are the nation's now-nu- merous luxury hotels. Their operating costs, from butlers to valets to debt ser- By CHRISTINA BINKLEY , vice, dwarf those of motels and limited-ser- Staff Reporter of Th~ WM,L S4'P. EZT JOURNAL vi~ chains. The business travel from A few days ago, Start Bromley, general winch the pricier hotels draw many guests manager of the opulent new Four Seasons is slowing. And when executives do travel, hotel in San Francisco, stood before 200 more of them now look for cheaper lodging h0ugekeepers, cooks and bell staff prepar- as the economy stumbles. Meanwhile, ingfor next week's grand opening. "When som~ affluent leisure travelers, suddenly w.e told you all we wanted to hire you and afikibus about flying, are canoeling holi- a~ked you to leave your jobs, it was before dayS. all this happened," he told them, cringing ":Worse, the downturn comes right after at 'the message he was delivering. Now, miinii new luxury hotels were built. The "life has changed for our business." Rit/-earltor~ chain, a unit of Marriott Inter- ' Before the Sept. 11 terror attacks, Mr. national Inc., has ballooned to 41 hotels B~;omley expected a nearly sold-out open- frbm eight in. 1989. It has plans to open 17 ing next Wednesday. Now, he hopes to fill more by the end of 2003, in far-flung loca- a mere 15 of the 270 rooms when the $364 tions like Colorado's Bachelor's Gulch ski million hotel and condo project opens. area and rural Georgia. The number of Fighting insomnia, Mr. Bromley has spent "upper upscale' hotels in the U.S. has this week writing letters to the just-hired risen 36% in a decade to 1,379, according to staff warning that as many as a third of Smith Travel R~search in Hendersonvtile, them won't have jobs after all. Tefin. Hotels were already hurting from the ' Toronto-based Four Seasons is opening soft economy before the terrorist attacks lmilLry hotels ail over the world. Itisslated two weeks ago, with estimates that reve- to'bpen five next year, including hotels in hue per available room would fall 0.3% this EgYpt, Jordan and Saudi Arabia. year. Now, they'd be thrilled with that. At .;~. large urban hotels, revenue per room in MItjl~y Layoffs the last four months of 2001 may be down '(.;' With prospects suddenly changed, ho- 25% from a year earlier, Pricewaterhouse- t'&l~..~aave been laying off workers in droves Coopers estimates. hfik.'¢altCeling some construction projects. ' Hoteliers are scrambling, unsure of 'St~oiid'Hotels & Resorts Worldwide Inc. how to market themselves when emotions has announced a 23% staffing cut in the are running high. Some find it unseemly ~J.S,, the equivalent of about 12,000 full- to promote resorts with golf and spa pack- tithe jobs. MGM Mirage has 'laid off more ages while thousands of Americans grieve thah' 2,000 in Las Vegas over the' past for ~ost loved ones. And how to plan ahead W~dk. The Hotel Employees and Restam when some travelers worry about ch~mi- i. int Employees InternatiOnal UniOn says cal or biological warfare? Consultant abOUt 60% of its members in Washingion, Bjoru Hanson, of .PricewaterhouseCoo- D.C., have been laid off, anal as many as pei's, is swamped with hotels asking how 30% in San FranciscO. long the indastry's troubles are likely to ~ Keenly aware of the $15 bilhon federal last. "I respond: 'Well, give me a scenario. bailout airlines are getting, some hotel Do we bomb Afghanistan? Do we bomb and travel chief executives, including Mar- Kabul or just some caves?' ' he says. riott's Bill Marriott, Starwood's Barry Sternlicht and Loews Hotels' Jonathan Not Like Last Time Tisch~ have gone to Washington in search 'For all tins, the U.S. hotel industry is in of tax breaks and other relief. Commerce better financial shape than it was going Secretary Donald Evans asked them for a into its last sharpdownturn a decade ago. formal proposal. The Persian Gulf War pushed some over- Not all in th~ industry have their hands leveraged companies into bankruptcy ou,t. Stephen Bollenbach, chief e:~ecutive court, ahd nudged Marriott Corp. into a of Hilton Hotels Corp. in Beverly Hills, financial restructaring. Tins time, hotels C~ilif., says thit hotels aren't as troubled ~rp:, less heavily ihdchted. Developers Please Turn to Page AE, Column 1 l~ar~ly borrow more than 50°70 of the cost of ' a new hotel, compared with S0% or even 100%. then.. Colatinned Fi'om First Page come up to Boston on the train. I think we trees in every room and a gargantuan spa. as the airlines. "If I was the government, I can." Such luxury was rare in the U.S. for wouldn't give us any money," he told inves- Starwoed's moves were mm'e uricdriven- much of the I990s, as hotels recovered tore in a conference call. tiehal. After the attacks destroyed numer- from the glut of the 1980s. Few new luxury Also skeptical of hotels' hardships is due downtown New York firms' offices, hotels were built until about 1998. Around Mike Casey, president of the hotel work- Starwood removed all the beds from its then, with stocks and the economy boom- ere' union Local 2 in San Francisco. 665-room Sheraton Manhattan in mid- inS, hotellets began seeing record profits "Thoro's some speculation that this has town-piling them temporarily on the side- and customers willing to drop $500 a night given corporations cover to do what they walk along Seventh Avenue-and leased on rooms, not to mention the cost of fancy wanted to do anyway, that it's overtMac- the rooms to Lehman Brothers as offices. meals and spa exotica like seaweed wraps. lion," he says. But he add~ that "if this With podpie barred for a while from the Ritz-Carlton began growing under a goes on fur a few months; we're going to lower part of Manhattan, Starwood also new formula that it says insulates it from be looking for relief like never before." leased 500 rooms at its Sheraton Towers to real-estate risk: It manages the hotels, For now, the portents aren't good, He- New York University for a dormitory. "If while others develop and own them. But tels in Washington are reeling from cancel- even though hotel owners take a heavy hit ldtion of a joint meeting of the Interna- when guests stay home, hotel manage- tional Monetary Fund and the World Plenty of Beds ment companies also feel the sting be- Bank, which was projected to draw 5,000 cause their fees are based partly on occu- this weekend. What should have been "one u.s. hoteP occupancy took a hit a~er the pancy. of the highest revenue-producing times for Sept. 11 terror attack... the hotel is now one of the lowest," says so%, Surfeit of Luxury Peter Austin, general manager of Washing- Within a. 20-minute drive of Miami's ton's Omni Shoreham Hotel. Mandarin Oriental and a planned FSur The Omni also lost a chunk of business Seasons, no fewer than three Ritz-Carl- when a Washington law firm, Hogan & so tons now are open or under construction. Hartson, canceled an elaborate retreat For more than a year, executives of the scheduled for last week for about g00 alter- m0.nagement company Ritz-Carlton, and neys and their spouses. It has been re- its parent, Marriott International, have booked for April. "We could see that been fretting privately about all this devel- spouses wouldn't be willing to leave their 40 opment in one place. kids,. says Betty Lamerid, the Washington Millennium's Mr. Jeffties, the devel- firm's conference and special-events odor- oper of the Miami Four Seasons, thinks dinainr. , three is "too many Ritz-Carltons in a small Only about 125 of the Omni's 700 hourly 2o market." But he argues that the clustering employees now are working, becauseoccu- 10 11 1213 14 15 16 t~ is 19 20 21 22- of all these fancy hotels will put Miami on pancy has fallen into the high 40% range, September 20el the map as a luxury-hotel destination and Mr. Austin says. even work as a marketing advantage, just On a smaller scale, Robert Martin, a Worsening w~at was already an industry slump as "Gucci does better when it's next to pediatrlc dentist in Somerville, N.J., can- ,/, c.~saE ./o C.~SOE Escada." FROM FnOM Mr. JeffriMs has been hedging his bets celed a four<lay trip to Las Vegas that was MeN. M0n. SAt. SAr. intended to reward his I1 staff members. 9/to/o~ 9/n/oo 9/22/0~ s/2a/oo by attaching condos to his hotels, though, After the first plane hit the World Trade C{ii'~?~ 7~.s% ~2.4% ~,~.~,~ . And he says condo sales are holding up fat Center, "one of my staff members called better than the hotel business. in pretty hysterical saying she wasn't get- Miami aside, Mr. JeffriMs is uniquely tins on a plane," Dr.'Martln says. He adds affected by the terror attacks. He was that "we are definitely going to resched- source: smith Trave} Research scheduled to open three hotels in the next ule, but everybody is sitting tight to see few weeks, including the San Francisco what's happening politically." people are interested in [leasirlgr, V the W Four Seasons and a Ritz-Carlton in New Using the Telephone Times Square, thal's somethihg we would York's Battery Park City, just blocks from entertain," says Starwood c6~munina- the World Trade Center. "It was a much Other travel may not be rescheduled. lions chief Dan Gibson, referring to a nicer world six months ago," he notes. On indefinite hold is a Sicily trip that Dr. 509-room hotel slated for a Decemb~ft~pem The completed hotel in Battery Park City, where access is now restricted, is ex- Martin and his wife had planned in Decera- inS. ber. The American Petroleum Institute has peeled to open in several months. canoeled its annual meeting, which had Discounting Rooms As for the San Francisco Four Sea- been set for mid-October at the Ritz-Carl- sons-featuring a mammoth sports club ton in Pasadena, Calif., partly because of · Smith Travel Research estimates that, and spa, down pillows and twice-daily some people's concerns about flying. In its as of last Saturday, the average room rate housekeeping--it is intended to be an an- place, the trade group plans to hold a con- at luxury hotels in the U.S. was nearly 20% thor in the redevelopment of the city's forenee call at a later date. below a year earlier. According to Price- downtown Market Street. Now the employ- Hotels are scrambling to adapt, miny WaterhouseCoopers, upscalM hotels ees, all hired within a day or two, have cutting prices. The Peninsula in Los AriSe- needed occupancy in the mid-60% range to drawn lots to etltablish seniority. "By so- les sent a letter to about 900 "friends and break even on their operations, at prices niority, we'll be able to bid on who gets to neighbors" offering rooms at $250 through charged before September. At current dis- work," says Gary Kozono, who drew a mid- Oct. 4, vs. its standard rate of $395. Quick- counted prices, they need td fill many die number, giving the 48-year-old banquet book.corn, which sells hotel rooms online, more. server and father of two some confidence was offering rooms at the W Court hotel in Still, when the newly built St. Regis he'll have a job. New York this week for $149. They were Monarch Beach Resort & Spa stood at 42% Mr. Bromley, the hotel's 57-year-uld $299 on Sept, 10. occupancy this week, Starwood officials general manager, has opened more than a In Boston, Millennium Partners closed claimed to be pleased, under the circum- dozen hotels in a 30-year career. "I've the famous 1928 Boston Ritz-Carlton for stances: Built at a cost of $240 million, or never been exposed to these extremes of renovations-four months ahead of sched- more than $500,000 per room, it's an exam- feeling," he says. "One moment Pm a ui~. But Millenittm also has rooms to sell pie of the kind of over-the-top opulence cheerleader and supposed to be ah inspira- at a second, newly openedRitz-Carlton in builders have gone for recently. The ocean- tienat leader opening this place. Then I Boston. Seeking ways to fill it, foundinS view property in Orange County, Calif., have to be a responsible financial:man- partner Christopher Jeffties says he took a features butlers to unpack baggage, ager.... R's a gut-wrenching thing." New Yurk-Boston Amtrak ride this week 32-inch fiat-screen TV sets in the rooms, -R, honda Rimdie "to see if we can entice New Yorkors to silky 300-thread-count sheets, live potted contributed to this article. Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 01-327 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'I'EST A CONTRACT FOR CONSTRUCTION OF JOHNSON STREET SANITARY SEWER PROJECT. WHEREAS, Yordi Excavating, Inc. of Nodh Liberty, Iowa has submitted the lowest responsible bid of $143,455.25 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 Yordi 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 8th day of 0cto e~' ,2001. Approved by It was moved by VandeFhoef and seconded by 14i ] but-n 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 ADVERTISEMENT FOR BIDS JOHNSON STREET SEWER IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 2nd day of October, 2001, 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 the 9th day of October, 2001, or at such later time and place as may then be scheduled. The Project will involve the following: Approximately 146 linear feet of 12 to 21 inch diameter storm sewer, one storm sewer manhole, two storm sewer intakes, I10 linear feet of 8 to 10 inch diameter PVC and DIP sanitary sewer, 5 sanitary manholes, and 710 linear feet of 18 to 20 inch diameter cured-in-place pipe (CIPP). Also included is approximately 340 square yards of concrete street, driveway and sidewalk removal and replacement and other surface restoration associated with the sewer work. All work is to be done in strict compliance with the plans and specifications prepared by McClure Engineering Company, 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 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 tw~o ( 2 ) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Oct. 22, 2001 Specified Completion Date: Nov. 30, 2001 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 specifi- cations and form of proposal blanks may be secured at the Office of McClure Engineering Company, 4172 Alyssa Ct., Iowa City, Iowa, ph. 319/341-0045 by bona fide bidders. A $20 nonrefundable 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 McClure Engineering Company. 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 Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion 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~,721. 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 re- spect 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: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5141 RESOLUTION NO. 01-328 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'R'EST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND EARTH TECH, INC. COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the extension of Mormon Trek Boulevard from Highway 1 to Highway 921 will enhance traffic flow in southwest Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the Mormon Trek Boulevard Extension Project all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Earth Tech, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Earth Tech, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. of Oc ober ~__~ Passed and approved this 8th day ~ (,C/t, ' ' rove It was moved by Champion and seconded by r)' Dnnn~,l 1 the Resolution be adopted, and upon FOIl call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman O'Donnell X Pfab ~ Vanderhoef X Wilbum CONSULTANT AGREEMENT PROFESSIONAL SERVICES RELATED TO MORMON TREK BOULEVARD EXTENSION IOWA HIGHWAY 1 TO IOWA HIGHWAY 921 PROJECT THIS AGREEMENT, is made and entered into this ~' day of ~cTe:,'B~',~. ,2001, by and between the City of Iowa City (hereina~er "City" and or "Client"), and Earth Tech, Inc., of Waterloo, Iowa (hereinafter "Consultant" and/or "Earth Tech"). WHEREAS, the City seeks to utilize the professional services of Earth Tech for engineering and related consulting services for the Mormon Trek Boulevard Extension from Iowa Highway 1 to Iowa Highway 921 Project; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does nqVcontract with the Consultant to provide services as set forth herein. FOR THE CITY FOR THE CONSULTANT Title /~ ~)/t>~. Title Vice President Date ~Er-c~r~.~-~ ~ Date September 25, 2001 Approved By: City Attomey's Office Date /~~ Client hereby engages Earth Tech to perform the services described in Part I ("Services") and Earth Tech agrees to perform the Services for the compensation set forth in Part HI. Earth Tech shall be authorized to commence the Services upon execution of this Agreement. Client and Earth Teeh agree that the signature page, together with Parts I-VII and attachments referred to therein, constitute the entire agreement between them relating to the Project ("Agreement"). PART I EARTH TECH'S RESPONSIBILITIES A. Project Description A. 1 Preliminary Design The Mormon Trek Boulevard Extension project consists of the preliminary design of a 2-lane roadway on new alignment from Iowa Highway 1 to Iowa Highway 921. Approximate length is 1.5 miles. The project will tie into existing Iowa Highway 1 just east ofU.S. 218 and will terminate at Iowa Highway 921 in accordance with the preferred alignment Alternative N-1.2 that resulted from the Location Study prepared in May 1999 for the South Central Arterial Corridor, and subsequent approval by the City Council. The roadway will be designed in accordance with the City of Iowa City's Arterial Street Standards and will include a 2-lane roadway and turn lanes as appropriate. The design will also include an 8-foot sidewalk on one side of the roadway and a 4-foot sidewalk on the opposite side. The roadway will provide a 2-lane, undivided urban cross section with storm sewer and/or drainage improvements, side road connections, and one signalized intersection at Iowa Highway 1. The intersection at Highway 921 will also be designed for potential future signalization. A.2 Final Design The project also includes final design of Phase I construction of the roadway corridor from Iowa Highway 1 east of U.S. 218 to approximately the airport property as shown in Attachment A. In addition, sanitary sewer extension improvements will be designed to serve the property south of Iowa Highway 1 and east and west of U.S. Highway 218 and water main extension improvements will be designed to serve the Phase 1 limits of the roadway extension corridor. The limits of the sanitary sewer and water main to be designed as part of this project are shown in Attachment A. B. Scope Services to be provided for the project under this Agreement include design survey, aerial mapping, soil borings and geotechnical engineering, the further refinement of existing design alternatives, preparation of a concept statement, cultural resource reviews, preliminary design and drainage study analysis, environmental assessment, final design, preparation of Phase 1 roadway extension plans in a format suitable for an Iowa DOT letting under a single construction contract, and construction related services. The sanitary sewer extension plans will be prepared as a separate City of Iowa City letting. The scope of services is defined as follows: -2- I. Survey and Base Mapping Task 1. Field Reconnaissance. This task includes review of the project corridor in the field. The purpose of this review will be to become more familiar with fcaturas in the corridor and examine the current prefen'ed alignment. Photos of the corridor will bc taken during the field review. Task 2. Property Owner Contacts. Property owners will be contacted by telephone prior to initiating survey activities on their propclty. A log ofpropeity owner contacts will bc kept. Task 3. Survey and Base Manninz. This task includes field surveys and base mapping which arc required during the dcsign phase of the project. Aerial planimeWic mapping and digital terrain modeling will bc provided by Aerial Services, Inc., a subconsultant, utilizing the flight flown in the spring of 2001. The following specific tasks arc included: Task 3a - Baseline, Bench Marks and Aerial Control Survey. The project control surveys will bc set in the field. Horizontal control to bc based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on NGVD 1929. The reference tics to control points and benchmarks will also bc asscmbled. Task 3b - SuoOlemental Desii~n Survey. Additional design survey will be obtained for drainageways, side road connections, utilities and for locating features which are not picked up on the aerial mapping or wherever accuracy of data is critical. Task 3c - Locate Soil Borin~s. Soil borings will bc located in the field, tied into the baseline and surface clcvations will bc obtained. Task3d-Prol}ertvCornerSurvevs. Sclcctcdpropertycomerswillbeobtaincdinthefield, as needed, to determine existing right-of-way lines. Existing propcity lines will bc drawn on the base mapping. Task 3e - Utility Surveys. Utility accesses will bc opened and measured in the field. Utilitics to be researched include field tiles (where records are available from property owners), sanitary sewer, storm sewer, electric, gas, water, telephone, cable television and fiber optic lines. Task 4. Survey Note Reduction and Base Mal}oin~ Data. This task consists of entering the new topographic features and digital terrain model (DTM) into the computer-aided design and drafting (CADD) system and obtaining a set of plots. The additional survey data will bc mcrgcd into the digital aerial mapping obtained for this project. Cross sections will bc plotted from the DTM. Property lines and owners names, as determined from Johnson County Auditor's records, will bc plotted on the base map. Existing utilities and existing utility casements will be plotted from utility records and couithousc rccords, and above-ground fcaturas located in the field. II. Preliminary Design and Drainage Study Task 5. Concent Statement. This task consists of preparing a Concept Statement in Standard Iowa DOT format. Task 6. TVl~ical Cross Section. This task will establish the typical cross section to be used for the proposed improvements. The following apply: · Pavement will be designed as an arterial street in a uniform right-of-way. · Additional areas needed for grading will be shown as temporary easements. · Project includes an 8-foot wide sidewalk on one side and a 4-foot wide sidewalk on the opposite side Task 7. Plan and Profiles. This task consists of the refinement of the preferred alignment alternative and preliminary design and drafting of roadway plan and profile sheets, including detail information required for an Iowa DOT letting to be included on the plan and profile sheets. Included are the following estimates of plan sheets: 6A - Main Line (6 Sheets) 6B - Side Roads (3 Sheets) Task 8. Design Cross Sections. This task consists of the preliminary design of individual cross sections for the project. Cross sections will be designed and drawn at 100-foot intervals throughout the project with additional cross sections included as necessary. Cross sections will show the existing ground lines as well as the preliminary project grading, including foreslope and backslope information, ditches, medians, staging and other pertinent information. Task 9. Intersection Details. This task consists of the preliminary design and drafting of geometric layouts for the various intersections on the project. The design of the intersections will be based on Johnson County Council of Governments (JCCOG) traffic estimates to determine if turn lanes are warranted. It is anticipated that at least center turn lanes will be needed. Task 10. Preliminary Traffic Sil~nal Design. This task consists of the preliminary design of the traffic signal modifications at Iowa Highway 1 and Mormon Trek Boulevard and also the preliminary design of a potential future traffic signal at the Iowa Highway 921 intersection. Task 11. Draina~,e Analysis and Concel}tual Desil~n of Drainage Study Concel}ts. This task consists of reviewing the Drainage Study Report that was prepared by Shire Hattery in February, 2001, supplementing the drainage study to cover other areas of the project, and developing a conceptual design for the drainage and storm sewer system, including review of flood plain issues. Task 12. Preliminary Drainal~e Design. This task consists of preliminary design and drafting of pipe culverts, box culverts, storm sewers and other storm drainage appurtenances on the project. Structural design is not included in this task. Task 13. Preliminary Structures Desil~n. This task consists of preparing the final type, size and location (TS&L) drawings for all reinforced concrete box culverts. Since no structures are anticipated in Phase, I, this task is not included in this scope. Task 14. Earthwork Desilm. This task consists of making a preliminary computation of earthwork, reviewing borrow and/or waste needs with the City of Iowa City and providing the preliminary earthwork tabulation. The design of the pavement structure and subgrade treatments and determination of borrow site locations will be completed in conjunction with Tetracon Consultants, Inc. Both a PCC and HMA (asphalt) pavement design will be established for consideration. Task 15. Traffic Control and Stal~inl~ Plans. This task consists of developing a preliminary plan for construction staging of the project and for traffic control measures to be implemented during construction. Task 16. Preliminary Ouantities and Estimate. This task consists of determining the major bid items to be included in the project as well as a preliminary quantity takeoff and cost estimate for each major bid item. Iowa DOT bid item listing will be utilized. Three estimates will be prepared. The first estimate will be for the entire project from Iowa Highway 1 to Iowa Highway 921, including drainage improvements, and the second estimate will cover the Phase I segment from Iowa Highway 1 to approximately the airport property line (Stage 1 roadway extension construction). The third estimate will be for the sanitary sewer extension work. Task 17. Preliminary Sanitary Sewer Extension Desil~n. This task consists of preliminary design and drafting of plan and profile sheets to extend the sanitary sewer service. The initial concept for the sanitary sewer extension will be provided by the City. The limits of preliminary design for this task are shown in Attachment A. Task 18. Preliminary Water Main Extension Desilen. This task consists of preliminary design and drafting of plan sheets to extend the water main and provide fire hydrants within the limits ofthc roadway construction project. The water main sizing and hydrant spacing will be provided by the City. Task 19. Field Exam. This task consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the City of Iowa City and the Iowa DOT. The field exam will consist of a one-day trip by four (4) persons. Task 20. Quality Control Review. This task consists of a quality control review of the plans by a Senior Project Reviewer prior to submittal to the City of Iowa City and the Iowa DOT. Task 21. Submittals. This task consists of printing and binding intermediate submittal drawings to the City of Iowa City, the Iowa DOT and other reviewing agencies. IlL Final Design Task 22 - Final Desil~n Sanitary Sewer. This task consists of the preparation and submittal of final review drawings for the sanitary sewer services shown in Attachment A. This task also includes -5- assistance with preparation of bidding documents for a City letting, assistance during bidding and recommendation of contract award. Tasks 23 - 36 - Final Desil~n Phase I Construction Proiect. These tasks lead to the preparation and submittal of final review drawings for the Phase I Construction project. The approximate limits of Phase I construction will be from Iowa Highway 1 to approximately the airport property and shall include the following items: Task 23. Title Sheet Task 24. Typical Cross Sections and Details Task 25. General Notes and Estimate Reference Information Task 26. Tabulations, Quantities and Estimate Task 27. Plan and Profiles (1"--50' Scale) A. Main Line B. Side Roads (IncludIng Dane Road) Task 28. Storm Sewer and Utility Sheets Task 29. Water Main Extension and Detail Sheets Task 30. Traffic Control and Staging Plans Task 31. Intersection Details (4 Intersections) Task 32. Traffic Signal Details (Intersection of IA 1/Mormon Trek Blvd. - Modify Existing Signals) This task also includes the design of roadway lighting associated with the signalized intersection, and coordination with MidAmerican Energy Company for lighting elsewhere on the project. Task 33. Signing and Pavement Marking Plans Task 34. Earthwork Design and Tabulation Task 35. Design Cross Sections (At I00' Intervals and Critical Intermediate Points) Task 36. Miscellaneous Detail Sheets Exclusions to Final Desi~rn. The following design elements are not anticipated for the project and are not included in the scope: · Environmental and Wetland Mitigation Final Design (Wetland Mitigation Concepts will be Provided Under Task 50) · Hazardous Waste Investigation/Design Task 37. RCB Culvert Desi~,n. The design ofreinfomed concrete box culverts is not included in this scope, but will be added by supplemental agreement, if required. Task 38. Geotechnical En~ineerinl~. This task includes the field soil borings, lab testing, engineering analysis and final report as needed to provide the final soils engineering and recommendations for the new road construction. This task will be completed by Terracon Consultants, Inc. The scope of services includes coordination and exchange of information with the subconsultant and incorporation of the geotechnical information into the plan set. Task39. Qualitv Control Review. Thistaskconsistsofaqualitycontrolreviewoftheplansbythe senior staff engineers prior to submittal to the Owner. -6- Task 40. Final Revisions and Estimate. This task includes final revisions of the design drawings, along with a final estimate of construction cost. Task 41. Slaecial Provisions. City specifications for water main and traffic signal construction will be provided by the City. These specifications will be incorporated into Special Provisions suitable for an Iowa DOT letting. It is not anticipated that any other special provisions or supplemental specifications will be required for the project. If needed, this task will be added by supplemental agreement. Task 42. Iowa DNR Sanitary Sewer and Water Main Construction Permits. This task will coordinate and prepare for City signature the Iowa DNR Construction Permit Applications for the sanitary sewer and water main extensions for the project. Any fees for construction permits, licenses and other costs associated with permits and approvals will be the responsibility of the City. The Consultant will provide technical criteria, written descriptions and design data for filing permit applications. The Consultant will also participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for: · Corps of Engineers Section 404 Permit (for wetland impacts) · Iowa DNR Permit for Water Main · Iowa DNR Permit for Sanitary Sewer · Iowa DOT Permit for Construction in Highway Right-of-Way Task 43. Printira, and Submittals. This task includes printing and submittal of intermediate and final construction plans and other documents. Final construction plans will be original electrostatic plotter plots on mylar and will become the property of the city. The Consultant will also submit to the City electronic files of contract documents in Auto CADD format. It is anticipated that half-size plans will be provided for the Iowa DOT letting and ten (10) copies of full-size plans will be provided to the City for construction. IV. Environmental Assessment This scope is based on the preparation of an Environmental Assessment. This scope does not include the production of an Environmental Impact Statement, Section 4(f) Statement or any coordination with the Department of Interior on Section 4(f) or 6(f) issues. Task 44. New Data Collection/Review. This task includes collection of new data on the resources within the full project corridor of the roadway and sanitary sewer extensions from Iowa Highway 1 to Iowa Highway 921, including natural features, known contaminated sites, existing land uses, land-use plans and zoning, access needs and population characteristics, among others. Much of this has been done as part of the South Central Arterial Corridor Study, but some additional data collection will be necessary. This task will include discussions with the pertinent local, state and federal agencies. Task 45. Early Coordination Letter to A~encies. This task includes distribution of a letter to solicit early input from the regulatory agencies, private interest groups and others enncemed about the Project. A memo summarizing the input will be prepared. -7- Task 46. Evaluation of Other Feasible Alternatives. The development of new alternatives, other than the alternatives already developed by the City, is not anticipated and is not included in this scope. Task 47. Alternative Cost Estimates. The development of construction and right-of-way cost estimates for each alternative will be obtained from previous City studies and is not included in this scope. Task 48. "P!annin~ Level" Ril~ht--of-WaV. This task includes an estimate of right-of-way needs, including displacement of buildings. The estimated right-of-way need lines will be obtained from previous City studies. Task 49. Natural Resource Imoacts. This task includes field review of undeveloped and undisturbed areas along the alignment to assess the vegetation quality, habitat potential for protected or rare species and the amount and quality of the various resources that would be impacted. Mitigation measures will be outlined, as needed. Task 50. Wetland Iml}acts. This task includes review of National Wetland Inventory Maps, Johnson County Soil Survey and aerial maps to locate potential wetlands. A field review of these mapped areas will be completed. Mitigation concepts will be developed as needed for jurisdictional wetlands in the full project area. Task 51. Contaminated Sites. This task includes comparison of the amount of known contaminated sites that might be in the right-of-way. A records search and a field review will be conducted to locate such sites. This task does not include a formal Environmental Property Assessment. Task 52. Social, Economic and Land-Use Imnacts. This task includes a comparison of right-of- way acquisitions, proximity impacts to residents and businesses, institutions, parks and recreational facilities, environmental justice and noise. Task 53. Noise Ironacts. This task includes evaluating the impact of noise to adjacent properties from each altemative. Existing noise levels at several receptors will be collected in the field. FHWA Stamina 2.0 software will be used. Task 54. Other Ironacts. This task includes evaluation of other impacts as identified during the agency and public coordination. Task 55. Cultural Resources. This task will be completed by two subconsultants. This work will include a Phase I Archaeological Survey and Phase I Intensive Historic Architectural Survey. The scope of services includes coordination and exchange of information with the subconsultants. Task 56. Draft EA. This task includes preparation of a draft of the EA for review by the Client, Iowa Department of Transportation and FHWA. Task 57. EA Revisions. This task includes revisions to the draft EA to address the comments received from reviews of the Draft EA in previous tasks. A new draft will be provided for a second review. -8- Task 58. Print and Distribute the EA. The EA will be revised per comments received in the second review. Copies of the revised pages and a cover sheet for FHWA signature will be provided. Sixty (60) copies of the EA will be printed and distributed per Iowa Department of Transportation distribution requirements. Task 59. Draft of FONSI. A draft of the Finding of No Significant Impact (FONSI), if appropriate, will be prepared for review. Task 60. Revise, Print and Distribute the FONSI. The draft FONSI, if appropriate, will be revised per review comments and resubmitted for review and FHWA signature. Forty (40) copies of the FONSI will be printed and distributed. V. Right-of-Way Design Task61. Final Ri~ht-of-WavDesil;n. Thistaskconsistsofdeterminingthefmalright-of-wayneeds for the project. Included are dimensions of any new right-of-way acquisition and any anticipated permanent and temporary easements required from the various abutting properties. The right-of-way and easement lines, break points and station/offset flags will be designed and entered into the CADD system. Task 62. Rel}orts of Liens. A "Report of Liens" or Abstract Report for affected properties is not included in this scope but will be obtained by the City if required by the right-of-way acquisition agents. Task 63. Right-Of-Way Documents. This task will consist of preparing plats and descriptions for the acquisition of right-of-way and easements. The number of parcels under this task is estimated to be twenty (20). Additional parcels, if required, will be completed as a supplement to this Agreement. Task 64. Environmental Property Assessments. Any work related to underground storage tanks or other environmental review of properties which is determined to be necessary during the course of the project will be considered a supplemental service to this Agreement. Task 65. Riaht-of-Wav Staking. This task will consist of locating and staking new property comers and easement boundaries in the field, including the setting of property pins at new comers, which are located beyond the construction limits. Portions of this task may be done after construction is complete. Task 66. Riaht-of-Wav Field Exam. The Consultant will provide two representatives at a right-of- way field exam to be coordinated with the City of Iowa City and the Iowa DOT as appropriate. Plans will be provided by the Consultant. Task 67. Ril!ht-of-Wav Ac{luisition. The following right-of-way acquisition tasks are not included in this scope but will be added by supplemental agreement if requested by the City. · Appraisal · Negotiation · Offers -9- · Closing · Legal · Condemnation Activities · Relocation Assistance VI. Project Management, Meetings and Coordination Task 68. Proiect Meetings and Interaction With the City of Iowa City. This task consists of preparation for and attendance at meetings throughout the project by members of the project team. Included in this task are one predesign meeting and periodic review meetings to be held with the City of Iowa City and the Iowa DOT and/or other agencies. Minutes of each meeting will be prepared. Public informational meetings are not included in this task. Task 69. Pre-Lettinl~ Activities. This task includes providing information and answering questions from Contractors prior to the letting. Task 70. Proiect Administration. This task includes project administration and coordination throughout the project development. The task includes intra office meetings, which will be attended by the project team, as well as general day-to-day administrative tasks and typing of intra office memoranda. Task 71. Al~encv Coordination. This task includes coordination with the Iowa DOT, JCCOG, FHWA, other regulatory agencies, utility companies and the City of Iowa City. Task 72. Progress Rel~orts. This task consists of the preparation and submittal of written monthly reports regarding the progress of the project. Monthly reports will indicate the progress of the work completed on a percentage basis. Task 73. Iowa City Airport Coordination. This task includes the coordination and exchange of information with the Iowa City Airport, related to the proposed runway extension and other pending modifications near the project corridor. This task also includes incorporating FAA funding eligible elements into this project and the contract documents for relocation of a portion of Dane Road. A separate set of FAA bidding documents is not included in this scope, but will be added by Supplemental Agreement if required and requested by the City. Four coordination meetings in Iowa City are included. VII. Public Involvement A significant amount of public involvement has already been completed as part of the South Central Arterial Location Study. It is anticipated that this project will not require an additional comprehensive public involvement program. This scope includes the following specific public involvement activities: Task 74. Meetines with Interest Groups or Al~encies. This task includes up to two meetings with agencies or interest groups with concerns about the Project, if needed. Task 75. Prol~ertv Owner Meetinl~s. This task includes scheduled meetings with individual property owners or small neighborhood groups. A total of six (6) meetings are included in this task. -10- Task 76. Public Information Meeting. A formal Public Informational Meeting (prior to the Design Public Hearing) is not anticipated, but will be added by Supplemental Agreement if requested by the City. Task 77. Design Public HearimL This task includes preparation for and attendance at an "open house" style public hearing. Earth Tech will prepare exhibits and handouts for the meeting and prepare the official hearing transcript, consisting of written public comments and responses. It is not anticipated that a formal presentation will be made. The Consultant will be responsible for the meeting arrangements, publicity and official notices. The Consultant will also attend the City Council's Public Hearing as part of the construction project bidding process. VIII. Construction Services Construction services after the bid opening, such as construction staking, materials testing, on-site review and contract and administration, are not included in the basic scope of services but will be added by supplemental agreement if requested by the City. Schedule Survey and Preliminary Design September, 2001 - May, 2002 Environmental Assessment September, 2001 -July, 2002 Right-of-Way Design June, 2002 -July, 2002 Final Design (March, 2003, Letting) May, 2002 - December, 2002 Assumptions - See above Scope of Services. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. Information Furnish Earth Tech available information needed for the Project, all of which Earth Tech may rely upon without independent verification in performing the Services. B. Representative Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. -11- C. Decisions Provide all criteria and full information as to Client requirements for the Project, obtain (with Earth Tech's assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. PART IIl COMPENSATION, BILLING, AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The compensation for the services (estimated actual costs) shall be a not-to-exceed amount of Four Hundred Forty-Five Thousand Dollars ($445,000.00) without authorization of the Client. Proposed budget is provided in Part VII. B. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible Earth Tech's actual costs may exceed those shown in Paragraph III.A and Part VII. A contingency amount of Twenty Thousand Dollars ($20,000.00) has been established to provide for actual costs, which exceed those estimated. lf, at any time during the work, Earth Tech determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of the contingency amount, it will promptly so notify the Client in writing and describe what costs are causing the overrun and the reason. Earth Tech shall not exceed the estimated actual costs without the prior written approval of the Client. C. Earth Tech may bill the Client monthly for services completed at the time of billing, with net payment due in 30 days. Past-due balances shall be subject to a service charge at the rate of 1% per month per request by Earth Tech. Unless Client provides Earth Tech with a written statement of any objection to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. L:\WORKXADMIN~AGREEXPROF~ICMOrmOnTrek.dOC PART IV STANDARD TERMS AND CONDITIONS PART V General Terms A. The Consultant shall not comrmt any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. B. Should the City terminate the Agreement, the Consultant shall be paid on the basis of work and services performed up to the time of termination. However, such sums shall not be greater than the "not to exceed" amount listed in Part III. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by Consultant for the Project shall be made available by said City upon reasonable request from the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal or local law or any of the ordinances of the City of Iowa City, Iowa. G. Mike Bearden, Bob Lentz, or Bob Bamsey, employees of the Consultant, shall attend such meetings of the City relative to the work set forth in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications and drawings with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to pmpe~y complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full fome and effect. L. Original contact drawings shall become the property of the City. If applicable, the Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 L:\WORKXADMINXAGREE\SAVEXICGTCAVP PART VI FEE SCHEDULE EFFECTIVE JANUARY 1, 2001 Classification Hourly Rate Range Senior Professional $105.00- $185.00 Project Professional $70.00- $125.00 Staff Professional $50.00 - $95.00 Professional $30.00 $70.00 CADD Operator II $40.00 $75.00 CADD Operator I $25.00 $55.00 Technician $20.00 $100.00 Project Adminislrator $35.00 $60.00 Word Processor $30.00 $50.00 Direct Expenses: Subconsultants At Cost Computer Technology Included in Above Rates Copies $0.06/Sheet Blueprinting $0.50/Sheet Sepia Mylar $5.00/Sheet Sepia Vellum $2.70/Sheet Troxler Density Meter $8.00/Test Gcodimeter $12.50/Hour Mileage IRS Rate (Present $0.345) Sheet Size 22"x34' Approximate Specialized equipment and laboratory rates are available for applicable projects. Services normally not charged to long-term clients: attendance at Council meetings, cost estimate preparation for grant applications, storage and retrieval of original documents on past projects, general miscellaneous requests, general questions, and coordination with regulatory and funding agencies. If you have any questions, please contact 1oe Becket at 319-232-6531 or 1-800-772-2028 (in-state WATS). 9/24/01 Page 1 Part Vll IOWa City, Iowa Mormon Trek BOUlevard Extension Iowa Highway I to Iowa Highway 921 STAFF HOUR ESTIMATE CADD CADD Word Pro<;,/ Senior Project Staff Operator Operator Project Description of Wod~ Prof. Prof, Pmf. II I Tech. Admin, Total I. Survey and Base Mapping I Field Reccnnaissance 4 8 8 20 2 Property Owner Contacts 16 ........ 3 Survey & Base Mapping a. Baseline, Bench Marks & Aedal COntrol Survey 72 144 216 b. Supplemental Design Survey 64 128 ................... _1.~2~,.. c. Locate Soil Bodngs 16 32 48 d. Property COmer Surveys 54 108 ........ _1.,~_2_._ e. Utility Surveys 24 32 4 Survey Note Reduction &Base Mapping Data 8 24 16 48 Sqbtotal 4 8 246 24 16 460 0 758 II. Preliminat7 Design and Drainage Study 5 COncept Statement 2 4 4 .._2_ ...........]_2_ .... 6 Typical Cross Section 2 2 4 7 Plan & Profiles a. 6A ~ Main Line (6 Sheets) 4 16 48 24 24 116 b. 6B - Sk~e ROads (3 Sheets) ............. _8_ 24 t6 8 .......... ~ ....... 8 Design Cross Sections 16 8 ............ ~4_ .... 9 Intersection Details 4 4 16 .................. 10 PreliminaWTmfficSignaIDesign 2 8 8 .......... ~..8. ....... 11 Drainage Analysis &COnceptual Design of 20 40 20 80 Drainage Study Concepts 12 prelimina~/DminageDesign 20_ 80 40 .... _13 PreliminaryStructuresDesign 14 EarthworkDesign 4 16 20 15 Traffic Control & Staging Ptans 4 4 ............... 16 PreliminaryQuantities&Esfimata 4 8 16 8 ............ ~,fi ...... 17 prelimlnarySanitarySewerExtensionDesign 40 160 200 24 424 18 PreliminaryWatarMaio Extension Design 12 40 24 ............ .!._0. ............~_6 ..... · 19 Field Exam 8 8 16 ............... ~ .... .. 20 Quality COntrol Review 8 4 ....... _1.~. ....... 21 Submittals 4 8 ~ .............1.9 ...... Subtotal 80 304 278 350 56 0 40 1,108 IlL Final Design 22 Banita~ S~,~e~- Fi.a~ Design e4 ~60 20O ....... ";~ """'~:~:'~ Tasks 23-34 - Final Design - Phase I project ..~3 Title Sheet 2 4 ...................... ~ ...... 24 Typical Cross Sections & Details 4 8 ...................... _1_6 ..................................................~l} ..... 25 GeneraINotes&EstirnateReferencelnfonmation 4 12 8 ............... ~ ...... 26 Tabulations, Quantities&Estimate ..................... 48 ........ 16 16 ..... _4. ........~,~ ....... 27 Plan & Profiles (1 '=50" Scale) a. Main Line ....... ~4... 32 32 ....... ~ ........ b. Side Roads (Including Dane Road) ............... _4.. 16 16 ........... '~s ste~ s~wer & uti.ty sheets ~ a0 90 ............................. !~} ....... · ·29 Water Main Extension & Detai~ Sheets ............................... i'~ 40 64 .......... 10 ........=~?~ ..... ;~0......~.~ffic Control and Staging Plans 4 4 8 ............ '~.~ ...... .. 31 Intersection Details (4 Intersections) ................. .2_. 16 16 ........ 3~ .... ~..._l=iJh.~r~i..Design Coordination & Traffic Signal Dtls.. ......................... ~ .............................................1_6_ .....~ .....................................................................~._ ........... .(.!.n**t~:..~)f IA 1/MormonTrek Blvd.-Medify Estg Signals ............................................................................................................................._ . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...................................... ............... .................:::::::.:::: ............................::::::::::::::::::::::::::::::::::::::: ,.: 9/24/01 Page 2 Pad VII Iowa City, Iowa Mormon Trek Boulevard Extension Iowa Highway 1 to Iowa HIghway 921 STAFF HOUR ESTIMATE C~DD CADD Word Proc/ Senior Pmjed Staff Operator Operator projed (:)Qscdption Qf Work Prof. Prof. Prof. II I Tech. Admin, Total .. 35 Design Cross Sections (At 100' Intervals & Cdtical 16 16 ....... 32 Intermediate Points) 36 MisceltaneousSheets 4 16 16 36 37 RCB CUlvert Design 38 Geotechnical Engineering 4 4 8 39 Quality Contro4 Review 8 8 16 40 Final Revisions &Estimate 16 16 40 72 41 Special Provisions 8 8 42 Iowa DNR Sanitan/Sewer & Water Main 8 16 10 6 40 ........ Construction Permits 43 Pitnting&Submittals 8 16 4 28 Subtotal 96 286 322 554 56 0 72 1,3tt6 I~ En~4ronmentel Assessment 44 New Data Collection/Review 8 8 45 Ea~yCoordinationLettertoAgencies 12 8 4 24 _46 EvaluationofOtherFeasibleAIternatives 47 Altemative Cost Estimates 4 8 12 48 "Planning Level" Right-of-Way .__ 16 ........... .8._ 24 49 NaturaIResourcelmpacts ...... 12 4 .................. 1~6_ 50 Wetiand Impacts 42 16 6 ..... 51 Contaminated Sites 12 .............. 4 16 52 Social, Economic & Land-Use Impacts 16 8 .................... 24 53 Noise Impacts 4 4 8 54 Other Impacts 4 4 .... 55 Cultural Resources 8 16 ............. ~_ 32 56 Draft EA 8 40 92 48 40 228 57 EA Revisions 2 8 8 8 .2_6~ 58 P~nt&Distr;butetl~EA 4 12 16 59 Draft of FONSI 4 12 4 4 24 60 Revise, Pdnt&DistdbutetheFONSI 8 8 16 Subtotal fO 52 270 140 0 0 82 554 .~:..~..R~iE~t~f-Way Design ................. 61 Fina/Right..of-_W,_a~..[~_._s_ign 2 4 ....... ~.. 14 ...62 ReportsofLiens 63 Right-of-WayDocumente 40 , t6 _.,160 216 64 EnvironmentalPropertyAssessments ...... .. 65 Right. of-Way Staking 40 80 ....... 1_2.~0__ 66 Right-of-Way Field Exam 8 8 ......... 16 67 Right-of-WayAcqoisition Subtotal 2 12 88 24 160 80 0 366 VI. Project Management, Meetings and COOrdination 68 Project Meetings & Interaction with the City of 16 32 16 ........... 16 ....... ..... Iowa City .,~_9._.~r~:~_~t~_n~. ~!iZLt!~~ ........ 6 8 ........... !4 ..... 70 Project Administration ......... 4 32 .........................................................................................~ ............~0~. 71 Agency Coordination 24 ...........................................................................................4_ ..........2_8_._ _7.2 ProgmssRep~r!s, ................................... 16 ............... ~6 ..........._3,2__._ ~.3._.l~_a...._C.i_lj,~iq~crt Coordinatior3. ........................ _4~ ........................40 8 ...............................................................................~ ............_56 .... Subtotal 24 150 32 0 0 0 64 270 9/24/91 Page 3 Part Vll IOWa City, Iowa Mormon Trek Boulevard Extension Iowa HIghway I to Iowa Highway 921 STAFF HOUR ESTIMATE CADD CADD Word Proc. I Senior Project Staff Operator Operator Project Descripticn of Work Prof. Prof. Prof. II I Tech. Admin. Total ~rli. Public Involvement 74 MeetingswifhhltemstGroupsorAgencies 8 16 16 4 44 75 Property Owner Meetings 12 48 12 24 4 100 76 Public Information Meeting 77 Design Public Hearing 24 24 36 24 32 24 164 Subtotal 44 88 64 48 32 0 32 308 ToMIHours 260 900 1,300 1~140 320 540 290 4,750 I 18 / '~ ' ' '"' / ,~,"" - 19 ' '~ ' Trek Blvd. "t L Wate~oin Constmdion Pmlimina~ and Finol Design Sewer Const~dbn ) ' - Pmlimino~ and Final Design Affiachment A T H T E ~ H Mormon Trek Boulevard ~ension Proled Limits Prepared by: Charles Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 01-329 A RESOLUTION AUTHORIZING THE EXECUTION OF A PERMANENT WATER MAIN EASEMENT AGREEMENT AND WATER SYSTEM DEVELOPMENT AGREEMENT FOR HILLTOP MANUFACTURED HOUSING PARK BETWEEN THE CITY OF IOWA CITY AND MICHAEL AND JANET DAHLEN. WHEREAS, Michael and Janet Dahlen, hereinafter referred to as "Owners", are the fee owners of certain real estate described as Hilltop Manufactured Housing Park, Iowa City, Iowa; and WHEREAS, the City and Owners desire to provide City water to the residents of Hilltop Manufactured Housing Park; and WHEREAS the City desires to provide improved fire protection which necessitates placement of certain fire hydrants; and WHEREAS, to provide City water and fire hydrants it is necessary to extend City water main 630 feet within the Hilltop Manufactured Housing Park; and WHEREAS the City and Owners have negotiated Agreements for the installation, maintenance and hookup of City water main to Hilltop Manufactured Housing Park water facilities; and WHEREAS the City of Iowa City, Iowa is responsible for the care, supervision, and control of public water main; and WHEREAS the City Department of Public Works finds these agreements to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds water main extension as described in the attached agreements, to be in the public interest. 2. The Permanent Water Main Easement Agreement and Water System Development Agreement attached hereto are approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the agreements on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office at City's expense. Passed and approved this 8th day of 0ct. ober ,2001. ATTEST: ~-~2 ~ ~ CI CLERK fat /0 I pwen~restr..top doc Resolution No. 01-329 Page 2 It was moved by Pfab and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Mitchel T. Behr, Asst. City ARomey, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 PERMANENT WATER MAIN EASEMENT AGREEMENT HILLTOP MOBILE HOME PARK WATER MAIN PROJECT THIS AGREEMENT, made and entered into by and between Michael Dahlcn and Janet Dahlen, husband and wife, hereinafter "OWNERS," and City of Iowa City, Iowa, a municipal conpotation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. OWNERS hereby grant and convey to CITY a permanent easement for the purpose of constructing, operating, maintaining, using and reconstructing a public distribution water main in connection with CITY's Hilltop Mobile Home Park Water Main Project (hereinafter referred to as "public improvement") and such public distribution water main as the CITY shall, from time to time, elect to use for the conveyance of water, and all neces- sary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibit A attached hereto as "Permanent Water Main Easement" and by this reference made a part hereof (hereafter "Easement Area"). 2. OWNERS further grant to CITY the following rights in connection with the above uses: a. The fight of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The fight, from time to time, to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY's exercise of its fights herein. c. The fight to enter onto land beyond the Easement Area in order to conduct emer- gency repair on the easement area and which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. CITY's fight to do such work shall be effective only upon CITY's prior notice to OWNERS, and with minimal disruption of area. In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs 3 and 4 below. 2 d. OWNERS hereby covenant and agree that CITY is granted the fight to use the private streets located on the subject property in order to construct, operate, maintain, use and reconstruct the Easement Area. 3. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITxPs negligent acts or omissions in the exercise of its easement fights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, CITY shall have no responsibility for maintaining the Easement Area. 4. CITY acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and that following installation of the public improvement, all areas within the Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantial- ly to its original condition with the exception of the replacement of trees, shrubs, and brush. 5. OWNERS and CITY acknowledge that OWNERS reserve the fight to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of its fights hereby granted; provided, that OWNERS shall not erect or construct any building or other structures; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area, except with respect to repair or replacement of the existing pavement, with comparable pavement, for which OWNER shall not need CITY approval. OWNERS shall not permit any other utility to be put in longitudinally in the Easement Area. OWNERS may plant trees and shrubs on the Easement Area but in the event CITY must disturb or remove said trees and shrubs pursuant to its easement fights described above, CITY shall have no obligation to replace said trees and shrubs, or compensate OWNERS for the same. OWNERS may install pavement in areas not presently paved, but only after submittal to CITY of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. CITY shall repair all disturbances to pavement in the Easement Area directly caused by CITY'S constructing, operating, maintaining, using and reconstructing the water main. CITY further agrees that nothing in this Easement Agreement shall in any way preclude OWNERS from causing, allowing or permitting utilities to cross the Easement Area, but only upon CITY's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction, subject to existing easements and utilities, if any, which CITY acknowledges will remain in their current locations, if any exist. 6. OWNERS hereby covenant with CITY that OWNERS are lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable title, and that they have good and lawful right to convey the Easement herein. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and rim with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at CITY expense. Dated this ~' dayof C)~'7~__T?' ,2001. CITY OF IOWA CITY, IOWA OWNERS mest W. Lehman, Mayor Michael Dahlen Marian K. Karr, City Clerk Janet n Approved by City Attomey's Office OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ]dO day of cec~~"~ ,2001, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Michael Dahlen and Janet Dahlen, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing insmanent, and acknowledged that they executed the same as their voluntary act and deed. . 4 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~ day of C)e-TO~ E E ,2001, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marinn IC 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 instrumem; that the seal affixed thereto is the seal of said municipal corporation; that said instnarnent was signed and sealed on behalf of said municipal corporation by authority of City Council of said mtmicipal 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. i'1 SONDRAE FORT ~ ~ ~ Commission Number 159791 Notary Public in ~d for ~e State of Iowa marym~land-acq~niscXhilltop easement ILLTOP MOBILE HOME PARK ]lATERMAIN PROJECT IOIA CITY, IOIfA >: / ~ *' LINE TABLE z ,CT~F~ LEGEND AND NOTES Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City, IA 356-5030 WATER SYSTEM DEVELOPMENT AGREEMENT FOR HILLTOP MANUFACTURED HOUSING PARK THIS AGREEMENT AND COVENANT, is made and entered into this ~' day of O=To~:~-, 2001, by and between the City of Iowa City, Iowa, a municipal corporation, (hereinafter "City"), and Mike and Janet Dahlen, (hereina~er "Owner"), which expression shall include their successors in interest and assigns, including the owner of the subject manufactured home park and/or their agents. WHEREAS, due to the unique nature and development issues associated with Manufactured Housing Parks, Owner has requested an amendment of several of Iowa City's water system development requirements; and WHEREAS, issues of maintenance responsibility, account responsibility, water meter installation, removal and protection, fees and private distribution main and service line maintenance have been addressed and resolved; and WHEREAS, the parties wish to memorialize their agreement regarding their respective responsibilities and duties for the design, construction, development, maintenance and administration of the Hilltop Manufactured Housing Park water system. THEREFORE, in consideration of the mutual covenants and obligations of Owner and City under this agreement, Owner and City agree as follows: I. Water Lines: City shall be exclusively responsible for installation, repair, maintenance, replacement, service and use of the City-owned public distribution water main. The location of the City-owned, public distribution water main, and the relative dghts of the parties regarding the property upon which it is located are provided for in a separate permanent water main easement agreement executed by the parties. City shall also be exclusively responsible for installation, repair, maintenance, replacement, service and use of the five (5) public fire hydrants as shown on the water main plan for Hilltop Mobile Home Park attached hereto as Exhibit A and incorporated herein by this reference. The Owner, its successors in interest and assigns, including the owner of the subject manufactured home park and/or their agents, are exclusively responsible for installation, repair, maintenance, replacement, service and use of all water service lines, including but not limited to all necessary pipe, fittings, conduits and appurtenances laid and extending from the City-owned, public distribution water main, to the point of use. Said water service line(s), and the Owner's plenary and exclusive responsibility therefor, shall include stop boxes, pipes and valves between, the City-owned distribution water main, and the point of use. For the purposes of this agreement, it is agreed and acknowledged that the terms "distribution water main" and "service line" shall be defined in accordance with Title 14, Chapter 3, Article C, Section 1 (14-3C-1) of the Iowa City City Code, as amended. It is further understood and agreed that it is the parties intent that this section address and assign all responsibility whatsoever for the installation, repair, maintenance, replacement, service and use of all water lines, pipe, fittings, conduits and appurtenances within and along the water service lines to the Owner, its successors in interest and assigns. II. Water Meters: The parties hereto acknowledge and agree that individual stop boxes/shut-off valves cannot reasonably be installed for each service line extending from the distdbution water main to the unit served. Therefore, water meters shall be assigned to and installed on each individual lot. Owner, its successors in interest and assigns are exclusively responsible for the installation of the water meters on each individual lot. Contemporaneously with the installation of said water meters, the Owner shall also install and extend signal wire to the intended location of the remote reading device, which location shall be on the front of the home. Thereafter, the City shall install said remote reading device. The City will supply all water meters at the cost set forth in the schedule of fees, Section 3-4-3 of the City Code, which cost shall be charged to the Owner and/or manufactured home park owners/agents as a water meter fee payable to the City. The City shall retain full ownership rights in said meters. Each meter shall be assigned to an individual lot and shall not be removed, relocated or used in any other location or for any other purpose without the consent of the City of Iowa City Water Division. III. Protection of Water Meters: It is hereby agreed and acknowledged that the Owner shall be responsible for protection of the water meters from any destruction, and/or damage (i.e., freezing) other than ordinary wear, whether caused by a third person, the Owners' agents and/or the elements. The Owner shall be billed for repair or replacement upon the occurrence of any such damage. It is hereby agreed and acknowledged that the Owner shall be responsible for the replacement of any insulation and/or heat tape disturbed or damaged due to removal of meters, water damage, etc. The Owner specifically agrees to hold the City of Iowa City harmless from any damage to insulation and/or heat tape, however caused, except from City gross negligence and willful misconduct. The City shall not be held responsible for any damage to the manufactured home skirting or siding due to improperly installed or supported remote reading devices and/or due to access to the water meter, and the Owner specifically agrees to hold the City of Iowa City harmless from any damage to such skirting, however caused. IV. Requirements for Removal of Water Meters: The removal of water meters due to a sale, winter remove, realfunction, non-payment, etc. shall be done promptly by the manufactured home park staff after notification from the City of Iowa City Water Division. Water Division personnel must be present after the removal of any such meter and shall obtain a reading from the meter for billing purposes. No meters shall be removed without the consent of the City of Iowa City Water Division. Additionally, Owner shall notify the City Treasury Division of any tenant changes within the mobile home park. Owner shall not charge the 2 mobile home resident/tenant for disconnection of the water service, and all standard City disconnection and reconnection service charges shall apply and be payable to the City. Meters that have been removed shall be stored in a protected maintenance area at the mobile home park. These meters shall be cleady tagged by lot number and shall be used only for that specific location. The Owner agrees and acknowledges that nothing in this agreement shall be construed to relieve Owner from complying with all applicable local, state and federal regulations, including all other pertinent ordinances stated in the City Code of Iowa City, Iowa. VI. Billing and Collection Procedures; Delinquent Accounts: The City of Iowa City shall collect a deposit from each manufactured home owner/tenant in accordance with City ordinance prior to establishing water service to that manufactured home/lot. The City shall bill each manufactured home owner/tenant directly for water and sewer service based on water usage. In the event of a delinquent account, if an individual stop box for the specific manufactured home exists, the notice required under Iowa City City Code Section 14-3A-7 shall be sent directly to the mobile home owner and water service shall be disconnected at the individual stop box. If an individual stop box for the specific manufactured home/lot does not exist, Owner shall be notified of the delinquency, and shall assist the Water Division in disconnecting water service. VII. Construction For the purposes of this agreement, it is agreed and acknowledged that the terms of art regarding Potable Water Use and Service shall be defined in accordance with Title 14, Chapter 3, Article C, Section 1 (14-3C-1) of the Iowa City City Code. OWNER CITY By ~ ~ ~man, Mayor ' Marian Karr, City Clerk saraWlanduse/hilltop manufactured housing water system aft,doc ty orney'sOfflce 3