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HomeMy WebLinkAbout2010-10-26 ResolutionAl Ai Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 10 -443 A RESOLUTION RELATING TO THE ISSUANCE OF NOT TO EXCEED $2,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON NOV. 30, 2010, ON THE PROPOSAL TO ISSUE SAID BONDS; AND (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS. WHEREAS, the City of Iowa City, Iowa (hereinafter "Issuer "), is authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act') to issue revenue bonds or notes and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, and improving land, buildings and improvements for a "project," as that term is defined in the Act, specifically including a project which is suitable for use for a purpose authorized under the Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185, within Issuer in order to create jobs and employment opportunities, facilitate recovery from the flooding of 2008 and to improve the welfare of the residents of the Issuer and of the State of Iowa; and WHEREAS, the Issuer has been requested by EPS Properties LLC an Iowa limited liability company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower "), to authorize and issue its Midwestern Disaster Area Revenue Bonds in an amount not to exceed $2,400,000 (the "Bonds ") pursuant to the provisions of the Act for the purpose of financing a portion of the cost of acquiring, constructing and improving approximately 3.51 acres and a new approximate 10,000 square foot medical office building located in the 2600 block of Northgate Drive, Iowa City, Iowa, (hereinafter "Project'), and to pay the costs of issuance of the Bonds; and WHEREAS, the Project will be owned and operated by Borrower; and WHEREAS, said Project will provide and induce other public benefits flowing from the conduct of enhanced operations which will add to the welfare and prosperity of the Issuer and its inhabitants; and WHEREAS, the Borrower has determined that the amount necessary to defray a portion of the cost of the Project, including paying the costs of issuing the Bonds, will require the issuance by the Issuer of not to exceed $2,400,000 in aggregate principal amount of its Midwestern Disaster Area Revenue Bonds pursuant to the provisions of the Act and it is proposed that the Issuer loan the amount received from the sale of the Bonds to Borrower under a loan agreement to be agreed upon between the Issuer and Borrower pursuant to which loan payments will be made by Borrower in amounts sufficient to pay the principal, interest and premium, if any, on the Bonds when due; and {00967949.DOC} WHEREAS, the Bonds shall be limited obligations of the Issuer and shall not give rise to a pecuniary liability of the Issuer or be a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues of the Borrower derived from the Project; and WHEREAS, the Issuer and the Borrower desire to comply with the requirements of Treasury Regulation Section 1.150 -2 (the "Reimbursement Regulations "); and WHEREAS, before the Bonds may be issued, it is also necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on November 30, 2010, at 7:00 p.m., before the City Council of the City of Iowa City, Iowa in the Council Room, City Hall, 410 E. Washington Street, Iowa City, IA 52440 on the proposal to issue not to exceed $2,400,000 in aggregate principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, pursuant to the provisions of the Act, for the purpose of financing a portion of the cost of acquiring, constructing, and improving approximately 3.51 acres of land and a new approximate 10,000 square foot medical office building (the "Project "), all of which is located in the 2600 block of Northgate Drive, Iowa City, Iowa, and paying the costs of issuing the Bonds, and allowing all local residents who appear at the hearing to be given an opportunity to express their views for or against the proposal to issue the Bonds and at the conclusion of the hearing, the City Council shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Section 2. The City Clerk is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen, a newspaper published and having a general circulation within the City, a Notice of Intention (the "Notice ") to issue the Bonds. The Notice shall be in substantially the following form: {00967949.DOC} 2 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DISASTER AREA REVENUE BONDS (EYE PHYSICIANS AND SURGEONS PROPERTIES LLC PROJECT) SERIES 2010 Notice is hereb� given that the City Council of the City of Iowa City, Iowa, (hereinafter "Issuer") will meet on the 30 day of November, 2010, in the Council Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52440 at 7:00 o'clock p.m., and hold a public hearing on the proposal to issue not to exceed $2,400,000 principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project), Series 2010, (hereinafter "Bonds ") pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, and Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, for the purpose of defraying a portion of the cost of acquiring, constructing and improving approximately 3.51 acres and a new approximate 10,000 square foot medical office building (the Project) located in the 2600 block of Northgate Drive, Iowa City, Iowa, and paying the costs of issuing the Bonds. The Project will be owned and operated by EPS Properties LLC, a limited liability company organized and existing under the laws of the State of Iowa (hereinafter "Borrower "). It is contemplated that a Loan Agreement will be entered into between the Issuer and Borrower wherein the Issuer will loan to Borrower the proceeds from the sale of the Bonds in return for loan payments from Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall become due and payable. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the Project and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. All local residents who appear at the public hearing or any adjournment thereof, shall be given an opportunity to express their views for or against the above stated proposal and, at the meeting or any adjournment thereof, the City Council of the City of Iowa City, Iowa shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted by the time of the above hearing, to the Issuer at City Hall, 410 E. Washington Street, Iowa Citv. IA 52.44Q .... ,.. NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DIS STER AREA REVENUE BONDS (EYE PHYSICIANS AND SU GEONS PROPERTIES LLC PROJECT) S RIES 2010 Notice is hereby given that the City Council i f the City of Iowa City, Iowa, (hereinafter "Issuer ") will meet on the 30h day of November, 2010;,, in the Council Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52440 at 7:',00 o'clock p.m., and hold a public hearingon the proposal to issue not to exceed $2,400,000 principal amount of the Issuer's Midwes rn Disaster Area Revenue Bonds (EPS Properti4s LLC Project), Series 2010, (here' fter "Bonds ") pursuant to the provisions of Chapter 419 of the Code of Iowa, as a nded, and Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as ame ed, for the purpose of defraying a portion of the cost of acquiring, constructing and improv approximately 3.51 acres and a new approximate 10,000 square fo t medical office bu mg (the "Project ") located in the 2600 block of Northgate Drive , Iowa City,�owa, and payi he costs of issuing the Bonds. The Project will be owned and operated y EPS Pro erties LLC, a limited liability company organized and existing under the laws f the S e of Iowa (hereinafter "Borrower "). It is contemplated that a Loan Agreement will be en red'into between the Issuer and Borrower wherein the Issuer will loan to Borrower the proce s from the sale of the Bonds in return for loan payments from Borrower sufficient to pay -the rincipal of, interest and premium, if any, on such Bonds as the same shall become d4e,'and pay ble. Such Bonds, if issued, and the interest thereon will b payable solely out of the revenues derived from the Project and all never constitute an 'ndebtedness of the Issuer within the meaning of any state co itutional provision or statuto y limitation and shall not constitute nor give rise I a pec . ry liability of the Issuer or become charge against its general credit or taxing powers: \ All local residents who appear at the public hearing or any \E an opportunity to express their views for or against the abo) meeting or any adjournment thereof, the City Council of the resolution determining whether or not to proceed with the is comments may also be submitted by the time of the above 410 E. Washington Street, Iowa City, IA 52440. djournment thereof, shall be given e stated proposal and, at the City of Iowa City, Iowa shall adopt a :ance of the Bonds. Written iearing, to the Issuer at City Hall, By Order of the City Council this day of October, 2010. MARIAN K. KARR, City Plerk { 00967949. DOC } Section 3. Based upon representations of the Borrower, the Issuer declares (a) that the Borrower proposes to undertake the Project, and (b) that except for (i) expenditures aggregating no more than the lesser of One Hundred Thousand Dollars ($100,000) or five percent (5 %) of the proceeds of the Bonds, (ii) preliminary expenditures (as described in the Reimbursement Regulations) in an amount not to exceed twenty percent (20 %) of the issue price of the Bonds, and (iii) other expenditures made not earlier than sixty (60) days before the date hereof, no expenditures for the Project have been made by the Borrower and no expenditures will be made by the Borrower until after the date hereof. This Resolution is a declaration of official intent with respect to the Project as described in the Resolution adopted pursuant to Section 1.150 -2 of the Regulations under the Code. Section 4. The officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 26 — day of October, 2010. CITY OF IOWA CITY, IOWA (Corporate Seal) I ^ ' r v 11�v MATTHEW J. HAYEK, Mayor ATTEST: 2�� e a'1itJ MAR N K. KARR, City Clerk Appr ved by Counse (00967949.DOC) 4 CITY CLERK'S CERTIFICATE I, MARIAN K. KARR, do hereby certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, Iowa, and that I have in my possession or have access to the complete corporate records of the City and its City Council and officers and that I have carefully compared the transcript hereto attached with the official records and that the attached transcript is a true, correct and complete copy of all the corporate records showing action taken by the City Council of the City of Iowa City, Iowa at a meeting open to the public on October 26, 2010, relating to the issuance of not to exceed $2,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, of the City of Iowa City, Iowa, declaring intent to reimburse expenditures from proceeds of said Bonds, setting a date for a public hearing on the proposal to issue the Bonds, and directing publication of the Notice of Intention to issue the Bonds and that the proceedings remain in full force and effect and have not been amended and rescinded in any way; that the meeting and all action thereafter was duly and publicly held in accordance with the notice of meeting and tentative agenda as required pursuant to the rules of the City Council and the provisions of the Code of Iowa. WITNESS my hand and the Corporate Seal of the City of Iowa City, Iowa hereto affixed this 26th day of October, 2010. (Corporate Seal) MARIAN K. KARR, City Clerk Resolution No. 10 -443 Page 6 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x —x x x x _x__ wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 1 4e( )) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10-444 RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 16, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 416 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to purchase 416 Douglass Court for the principal sum of $84,500 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and-recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 416 Douglass Court, Iowa City, Iowa, also known as Lot 32, Wise Addition, for the sum of $84,500, plus the "carrying costs ". Resolution No. 10 -444 Page 2 2. A public hearing on said proposal should be and is hereby set for November 16, 2010, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x . Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Passed and approved this 26TH Approved by (Z �io - 3o -1U City Attorney's Office day of October 2010. ATTEST: CIT LERK 4f(1) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 10 -445 RESOLUTION ACCEPTING THE WORK FOR THE 2010 SUMMER SIDEWALK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Bud Maas Concrete, Inc. of Iowa City, Iowa, dated July 12, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $49,954.26. 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 26th day of October , 2010 MAYOR Approved by ATTEST: J w�-4, CITY LERK City Attorney's Office 1,;110( he It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey _x_ Champion x _ Dickens x Hayek x Mims X Wilburn x— Wright Pweng /res /ACPTW ORK -201 osummersidewalk.doc 10 /10 It -- �= -4 IOWA CITY CITY OF 4e1 %2 � MR MEMORANDUM Date: October 21, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator Re: Midwestern Disaster Area Bond agenda item Following is a memo from Dean Spina, with Bradley and Riley, PC, explaining Midwestern Disaster Area Bonds (MDABs) and a resolution relating the issuance of a MDAB, the proceeds of which would be loaned to an Iowa City business. Months ago, Mr. Spina spoke to Finance Director, Kevin O'Malley and I about the economic development potential for the City choosing to issue MDABs for businesses in their communities. At the time, he did not have any clients wishing to use these bonds, but he wanted us to a) be aware of the opportunity and b) know that the city could take a risk -free part in financing business expansion projects. Since our meeting, Mr. Spina was approached by Hills Bank and Trust Company on behalf of EPS Properties, LLC, and has requested the issuance of these bonds, which would allow for their expansion at a substantial cost savings. Your agenda item is a resolution to 1) declare intent to reimburse expenditures from proceeds of the bonds, 2) fix a date for a public hearing on the proposal to issue the bonds, and 3) direct publication of notice of intent to issue the bonds. It is important to note that the City bears no risk in issuing the bonds and that there is no threat to the city's bond rating or debt capacity. If you have any questions about this agenda item, staff will be available at your work session to provide any further explanation or clarification. MEMORANDUM TO: City Council of Iowa City FROM: Dean A. Spina, Bradley & Riley PC, dspina @bradleyriley.com RE: Midwestern Disaster Area Bond Financing DATE: October 19, 2010 In response to the 2008 floods, Congress authorized Midwestern Disaster Area tax - exempt bond financing for projects located in 78 counties in Iowa. Tax - exempt bond financing enables a business to borrow money for a capital project at an interest rate that is approximately 70% of the interest rate on conventional financing. The special tax - exempt bond financing authorized by Congress is similar to special bond financing Congress authorized following Hurricane Katrina and the 911 attack. The Midwestern Disaster Area bond financing came about because of the diligent work of the Iowa Congressional delegation. Iowa was provided $2.615 Billion of Midwestern Disaster Area bond capacity. In 1999, the Iowa Legislature amended Iowa Code Chapter 419, Municipal Support of Projects, to empower cities in 78 counties in Iowa, including all cities in Johnson County, to issue revenue bonds for projects that qualify for Midwestern Disaster Area bond financing. By Executive Order, the Governor delegated to the Iowa Finance Authority the power to decide which projects may be awarded a Midwestern Disaster Area bond allocation. Projects that qualify for an allocation of Midwestern Disaster Area bond financing involve the acquisition of land and the construction of new buildings, or the acquisition of an existing building provided there is substantial rehabilitation of the building. Buildings may be used for almost any purpose including commercial, industrial, and warehousing. Under Iowa Code chapter 419, a city issues a special limited obligation revenue bond and agrees to loan the proceeds of the bond to a private business for a qualifying project. The obligation of the Issuer is a limited one and the obligation on the bond is not an indebtedness of the Issuer within the meaning of any debt limit, nor does it constitute or give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. By participating in a Midwestern Disaster Area bond financing, the city of Iowa City provides an opportunity for a project to be realized at a substantially lower cost of financing. Any expense of the City with respect to a bond financing is paid by the borrower, EPS Properties LLC. The building will be occupied by Eye Physicians and Surgeons, L.L.P. {00969580.DOC} a "V aij Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. A RESOLUTION RELATING TO THE ISSUANCE OF NOT TO EXCEED $2,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON NOV. 30, 2010, ON THE PROPOSAL TO ISSUE SAID BONDS; AND (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS. WHEREAS, the City of Iowa City, Iowa (hereinafter "Issuer "), is authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act ") to issue revenue bonds or notes and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, and improving land, buildings and improvements for a "project," as that term is defined in the Act, specifically including a project which is suitable for use for a purpose authorized under the Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185, within Issuer in order to create jobs and employment opportunities, facilitate recovery from the flooding of 2008 and to improve the welfare of the residents of the Issuer and of the State of Iowa; and WHEREAS, the Issuer has been requested by EPS Properties LLC an Iowa limited liability company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower "), to authorize and issue its Midwestern Disaster Area Revenue Bonds in an amount not to exceed $2,400,000 (the "Bonds ") pursuant to the provisions of the Act for the purpose of financing a portion of the cost of acquiring, constructing and improving approximately 3.51 acres and a new approximate 10,000 square foot medical office building located in the 2600 block of Northgate Drive, Iowa City, Iowa, (hereinafter "Project "), and to pay the costs of issuance of the Bonds; and WHEREAS, the Project will be owned and operated by Borrower; and WHEREAS, said Project will provide and induce other public benefits flowing from the conduct of enhanced operations which will add to the welfare and prosperity of the Issuer and its inhabitants; and WHEREAS, the Borrower has determined that the amount necessary to defray a portion of the cost of the Project, including paying the costs of issuing the Bonds, will require the issuance by the Issuer of not to exceed $2,400,000 in aggregate principal amount of its Midwestern Disaster Area Revenue Bonds pursuant to the provisions of the Act and it is proposed that the Issuer loan the amount received from the sale of the Bonds to Borrower under a loan agreement to be agreed upon between the Issuer and Borrower pursuant to which loan payments will be made by Borrower in amounts sufficient to pay the principal, interest and premium, if any, on the Bonds when due; and {00967949.DOC) WHEREAS, the Bonds shall be limited obligations of the Issuer and shall not give rise to a pecuniary liability of the Issuer or be a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues of the Borrower derived from the Project; and WHEREAS, the Issuer and the Borrower desire to comply with the requirements of Treasury Regulation Section 1.150 -2 (the "Reimbursement Regulations "); and WHEREAS, before the Bonds may be issued, it is also necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on November 30, 2010, at 7:00 p.m., before the City Council of the City of Iowa City, Iowa in the Council Room, City Hall, 410 E. Washington Street, Iowa City, IA 52440 on the proposal to issue not to exceed $2,400,000 in aggregate principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, pursuant to the provisions of the Act, for the purpose of financing a portion of the cost of acquiring, constructing, and improving approximately 3.51 acres of land and a new approximate 10,000 square foot medical office building (the "Project "), all of which is located in the 2600 block of Northgate Drive, Iowa City, Iowa, and paying the costs of issuing the Bonds, and allowing all local residents who appear at the hearing to be given an opportunity to express their views for or against the proposal to issue the Bonds and at the conclusion of the hearing, the City Council shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Section 2. The City Clerk is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen, a newspaper published and having a general circulation within the City, a Notice of Intention (the "Notice ") to issue the Bonds. The Notice shall be in substantially the following form: {00967949. DOC} NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DISASTER AREA REVENUE BONDS (EYE PHYSICIANS AND SURGEONS PROPERTIES LLC PROJECT) SERIES 2010 Notice is hereby given that the City Council of the City of Iowa City, Iowa, (hereinafter "Issuer ") will meet on the 30h day of November, 2010, in the Council Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52440 at 7:00 o'clock p.m., and hold a public hearing on the proposal to issue not to exceed $2,400,000 principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project), Series 2010, (hereinafter "Bonds ") pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, and Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, for the purpose of defraying a portion of the cost of acquiring, constructing and improving approximately 3.51 acres and a new approximate 10,000 square foot medical office building (the "Project ") located in the 2600 block of Northgate Drive, Iowa City, Iowa, and paying the costs of issuing the Bonds. The Project will be owned and operated by EPS Properties LLC, a limited liability company organized and existing under the laws of the State of Iowa (hereinafter "Borrower "). It is contemplated that a Loan Agreement will be entered into between the Issuer and Borrower wherein the Issuer will loan to Borrower the proceeds from the sale of the Bonds in return for loan payments from Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall become due and payable. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the Project and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. All local residents who appear at the public hearing or any adjournment thereof, shall be given an opportunity to express their views for or against the above stated proposal and, at the meeting or any adjournment thereof, the City Council of the City of Iowa City, Iowa shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted by the time of the above hearing, to the Issuer at City Hall, 410 E. Washington Street, Iowa City, IA 52440. By Order of the City Council this day of October, 2010 MARIAN K. KARR, City Clerk f 00967949. DOC } Section 3. Based upon representations of the Borrower, the Issuer declares (a) that the Borrower proposes to undertake the Project, and (b) that except for (i) expenditures aggregating no more than the lesser of One Hundred Thousand Dollars ($100,000) or five percent (5 %) of the proceeds of the Bonds, (ii) preliminary expenditures (as described in the Reimbursement Regulations) in an amount not to exceed twenty percent (20 %) of the issue price of the Bonds, and (iii) other expenditures made not earlier than sixty (60) days before the date hereof, no expenditures for the Project have been made by the Borrower and no expenditures will be made by the Borrower until after the date hereof. This Resolution is a declaration of official intent with respect to the Project as described in the Resolution adopted pursuant to Section 1.150 -2 of the Regulations under the Code. Section 4. The officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this day of October, 2010. (Corporate Seal) ATTEST: MARIAN K. KARR, City Clerk CITY OF IOWA CITY, IOWA MATTHEW J. HAYEK, Mayor * * * * * * * * * * ** 100967949. DOC } 4 CITY CLERK'S CERTIFICATE I, MARIAN K. KARR, do hereby certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, Iowa, and that I have in my possession or have access to the complete corporate records of the City and its City Council and officers and that I have carefully compared the transcript hereto attached with the official records and that the attached transcript is a true, correct and complete copy of all the corporate records showing action taken by the City Council of the City of Iowa City, Iowa at a meeting open to the public on October 26, 2010, relating to the issuance of not to exceed $2,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, of the City of Iowa City, Iowa, declaring intent to reimburse expenditures from proceeds of said Bonds, setting a date for a public hearing on the proposal to issue the Bonds, and directing publication of the Notice of Intention to issue the Bonds and that the proceedings remain in full force and effect and have not been amended and rescinded in any way; that the meeting and all action thereafter was duly and publicly held in accordance with the notice of meeting and tentative agenda as required pursuant to the rules of the City Council and the provisions of the Code of Iowa. WITNESS my hand and the Corporate Seal of the City of Iowa City, Iowa hereto affixed this day of October, 2010. (Corporate Seal) MARIAN K. KARR, City Clerk r ^,_lz -4 CITY OF IOWA CITY ,,:L �do-siF � MEMO RANDUM Date: October 7, 2010 To: City Council From: Kim Sandberg,�Y;�' Re: Final Acceptance of Public Improvements The following are costs associated with the Capital Improvement Projects being presented for acceptance at the October 26th Council meeting: 1) 2010 Summer Sidewalk Repair Project Contractor. Bud Maas Concrete, Inc. ❖ Project Estimated Cost: $ 40,000.00 ❖ Project Bid Received: $ 34,013.60 ❖ Project Actual Cost: $ 49,954.26 2) Pedestrian Mall Brick Repair Project Contractor. Hardscape Solutions of Iowa ❖ Project Estimated Cost: $ 67,500.00 ❖ Project Bid Received: $ 65,205.00 ❖ Project Actual Cost: $ 66,485.20 cc: Rick Fosse Ron Knoche 4f(2) Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 10 -446 RESOLUTION ACCEPTING THE WORK FOR THE PEDESTRIAN MALL BRICK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Brick Repair Project, as included in a contract between the City of Iowa City and Hardscape Solutions of Iowa of Marion, Iowa, dated July 21, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and. WHEREAS, the final contract price is $66,485.20. 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 26th day of October 20l— A [ A MAYOR Approved by ATTEST: C/!/i� p�� .r.- i�w,7t)uT� w-, CIT ERK Clty Attorneys Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x X x Pweng /res /ACPTW ORK- pedmal Ibrick.doc 10/10 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright 1 v -z6-1 U; 4f(3) Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 10-447 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR JJR DAVIS ADDITION. 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 and water main improvements for JJR Davis Addition, as constructed by OEC, Inc. of Kalona, Iowa. WHEREAS, paving, sanitary sewer, storm sewer, and water main improvements have been installed throughout JJR Davis Addition. However, a portion of this addition has been vacated and replatted, therefore only parts of the sanitary sewer and water main is to become public facilities and the remainder of the sanitary sewer and water main along with the storm sewer and paving improvements have been abandoned or removed, or have become private facilities. WHEREAS, although OEC, Inc. commenced installation the aforementioned sanitary sewer and water main improvements, the work was bonded by Maxwell Construction, Inc. and Geomax of Iowa City, Iowa, who completed the installation. WHEREAS, the maintenance bonds have 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 the following public improvements for JJR Davis Addition are hereby accepted by the City of Iowa City, Iowa: The approximate 190 linear feet of 12 -inch sanitary sewer line between manholes #1 and #2; 53 linear feet of 10 -inch sewer from manhole #2 to the south property line of Outlot B; 740 linear feet of 8 -inch sewer between manholes #2 and #5, and manholes #1, #2, #3, #4, and #5, as shown on the approved construction drawings; and The approximate 245 linear feet of 8 -inch water main and one (1) fire hydrant located adjacent to the northwest side of Lot 7, JJR Davis Addition. Passed and approved this 26th day of October , 2010. LTA my �- Approved by ATTEST: CITY LERK� City Attorney's Office Resolution No. 10 -447 Page 2 It was moved by Champion and seconded by and upon roll call there were: AYES: NAYS: ABSENT: Dickens X Bailey x_ Champion X Dickens x Hayek x Mims X Wilburn x Wright pweng /res /accept -jjrd avi sa dd itio n.doc the Resolution be adopted, jIII CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5007 FAX www.icgov.org ENGINEER'S REPORT October 18, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: JJR Davis Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main improvements for JJR Davis Addition 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 and water main improvements constructed by OEC, Inc. of Kalona, Iowa. I recommend that the City of Iowa City accept the above - referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng /Itrs /engrpt -br davisaddition.doc 4r j2 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -448 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1042 OXEN LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on November 30, 2009, and recorded on December 2, 2009, in Book 4534, Page 611 through Page 616 in the Johnson County Recorder's Office covering the following described real estate: Lot 54, Sandhill Estates —Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by a proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Passed and approved this 26th day of October 1 20_lD__• . e. – MAIM- Approved by Resolution No. Page 2 10 -448 ATTEST: )%ZALe' 9�- —*W) CITY R City Attorney's Office It was moved by Champ on and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens Hayek X Mims Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Forgivable Mortgage which at this time is in the amount of $54,000, and was executed by Martin R. Annis, (herein the Owner), dated November 30, 2009, recorded December 2, 2009, in Book 4534, Page 611 through Page 616, Johnson County Recorder's Office, covering the following described real property: Lot 54, Sandhill Estates —Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $Q� L� on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and ` WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Forgivable Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Forgivable Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Forgivable Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 26th day of October 11 20 in . CITY OF IOWA CITY By 4 , Mayor Attest: lyleierk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By . v Loan pera�o nz On this Ji. +-k � day of l7cimF5r-- y_ , 20_ 1 v , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared n a*A-t to -:1 44au'-'k and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ro- 4+9 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the d6 w� day of 20 00 and that AI,,,) 4jo, and Marian K. Karr acknowledged the execution of the instrument to be their v luntary act and deed and the voluntary act and deed of the corporation , by it voluntarily executed. *10W lAj SONDRAE FORT x Commission Number 159791cz �4 My Commission Expires Notary Public in and for the State of Iowa 3 /a2 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) -rb D aa-'.0 On this day of l ,- , 20 0,; before ,me, the undersigned, /a Notary Public in and for the State of Iowa, personally appeared l� ! ►) ct I n J C �- , to me personally known, who being', by me duly sworn, did say that he /she is the 19 V P I ( (,V'1 ( �,�" �"7(il�..Sof IS r %USd C, , that said instrument was signed on half of said corporation by authority of its Board of Directors; and that said vjotrl 4 L Lacknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by hi /her voluntarily executed. Notary Public in an for t e State of Iowa My Commission expires: 8 ) D-7) c3" KIMBERLY MESSINGER Commission Number 759783 My C�gmrisn Expires \ M �? 4f(5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -449 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 309 COLLEGE COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on August 10, 2010, and recorded on August 13, 2010, in Book 4635, Page 434 through Page 439 in the Johnson County Recorder's Office covering the following described real estate: The north half of the following described real estate: Commencing at a point 2081.92 feet east of the southwest corner of Section 11, Township 79 North, Range 6 West of the 5th P.M. and 187.4 feet north of the south line of said section, thence east 154 feet, thence north 106 feet 8 inches, thence west 154 feet, thence south to the point of beginning. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa. Resolution No. 10 -449 Page 2 Passed and approved this 26th day of October , 20io_• LM Approved by ATTEST: 7�/t CITY CLERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1_ Bailey -- Champion -- Dickens x Hayek x Mims X Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $42,469, and was executed by. Stephen R. Burns, (herein the Owners), dated August 10. 2010, recorded August 13, 2010, in Book 4635, Page 434 through Page 439, Johnson County Recorder's Office, covering the following described real property: The north half of the following described real estate: Commencing at a point 2081.92 feet east of the southwest corner of Section 11, Township 79 North, Range 6 West of the 5t" P.M. and 187.4 feet north of the south line of said section, thence east 154 feet, thence north 106 feet 8 inches, thence west 154 feet, thence south to the point of beginning. WHEREAS, the Financial Institution has loaned the sum of $35,000 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this --V--ekday of 06rvog&e- , 20/0 CITY OF IOWA CITY BY Mayor Attest: AityCle CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION '-t On this 4L ; —..._ day of 20 iD before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared NLA W '3 -N' K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ;o-- 44 _ passed (the Resolution adopted) by the City Council, under Roll Call No. - - of the City Council on the j4 � - day of t7 �� ,ar_z , 20 /x, and that A ew -z cu o and Marian K. Karr acknowledged the execution of the instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. qrs SONDRAEFORT i Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa iow 3 a a LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Iry day of 4q4a&(41- , 20 /0, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that he /she is the of y,,-e c y , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said G7C6tc*,e-- acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. oj4u� v�A ZA4 CHRISTIN SCHMIDT Notary Public in an for the State of Iowa o Commission Number 759067 My Commission Expires at My Commission expires: �� 12— 4f(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -450 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA FOR PROPERTY LOCATED AT 1346 SHANNON DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on March 18, 2010, and recorded on April 6, 2010, in Book 4572, Page 183 through Page 188 in the Johnson County Recorder's Office covering the following described real estate: Lot 3 Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 13, Plat Records of Johnson County, Iowa. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa. Passed and approved this 26th day of October 120 i o - Resolution No. 10 -450 Page 2 ATTEST: .) /v- CITY'CtERK Approved by City Attorney's Office It was moved by Champion and seconded by nirkenG the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Dickens x Hayek g Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mort gage which at this time is in the amount of $9,886, and was executed by Amy Knight n /k/a/ Amy Charles, (herein the Owners), dated March 18. 2010, recorded April 6, 2010, in Book 4572, Page 183 through Page 188, Johnson County Recorder's Office, covering the following described real property: Lot 3 Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 13, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $121,000 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 9r, th day of n rot, ,- 20 to . CITY OF IOWA CITY By Mayor Attest: L2 )P- AAJ City bierk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FII N On this 2- & r day of Q r--rnA. , rL , 20__M_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 0n-j+-be") -,T- 4-I Y and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 16 _ 4So passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the fib- day of 120 /0 , and that (V\ 4i,e,.j j. and Marian K. Karr acknowledged the execution of the instrument to be their vo ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. j*1LlAj SONDRAE FORT mmission Number 159791 S� 6�Z� �mmvona Expires Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this lh� day of 20 / , before) me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ,� �( �' ��` to me personally known, who being by me duly, sworn, did say that he /she is the -- r, (Aa' of l(�rIV ���%it� I�14�� ►j'il)g6'�A1, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ! 'k7 acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. tiv�`f�s LISA PATTEItSON z Commission Number 707814 Z N C mm ssion Expires r Not Public in and for the S ate of Iowa 7 ry My Commission expires: l �zr12 MJ� 4f 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO 10 -451 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on August 21, 2000, and recorded on August 20, 2000, in Book 2999, Page 677 through Page 681 in the Johnson County Recorder's Office covering the following described real estate: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa. Passed and approved this 26th day of October 20 l o_ 0010M_1�1 I LTA 6- Resolution No. 10 -451 Page 2 Appr vveed by ATTEST: CITY RK City Attorney's Office It was moved by Champion and seconded by nick nG the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion x Dickens g Hayek x Mims X Wilburn X Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in, the amount of $4,650, and was executed by James H. and LeAnne J. Dreier, (herein the Owners), dated August 21, 2000, recorded August 28, 2000, in Book 2999, Page 677 through Page 681, Johnson County Recorder's Office, covering the following described real property: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the sum of $ 1 *21 6W, ill on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 26th day of October , 20 1Q_" CITY OF IOWA CITY 6y /,c� i Mayor Attest: City Cterk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By 20 to , before me, the undersigned, a Notary On this ,�lo day of tic r o r3� R / Public in and for the State of Iowa, personally appeared 44- w J, and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /0 45 1 passed (the Resolution adopted) by the City Council, under Roll Call No. - — of the City Council on the ae "`h day of 0c eEre- 20 / 6, and that M(-,4+ ti is Z. �Ja W, k and Marian K. Karr acknowledged the execution of the instrument to be their volunry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Fiat ESONDRAE FORT ssion Number 159791 Commission Expires Notary Public in and for the State of Iowa 3 �U t LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this / j day of 6k- &V- , 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared rkitm,- -c /tkFa -rja-t-Lc , to me personally known, who being by me duly sworn, did say that he /she is the )a 41 pro c� � � C of Gl ( C' (� LL that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said i��cw Q oekrw�a... -r acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary Pubic in and for the State of Iowa *90 N144 � � �— es My Commission expires: 10 -26 -10 4f(8) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -452 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA NONPROFIT CORPORATION, FOR PROPERTY LOCATED AT 2449 ASTER, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement and a Mortgage executed by the owner of the property on October 1, 2003, and recorded on October 6, 2003, in Book 3651, Page 274 through Page 286, and in Book 3651, Page 287 through Page 290 in the Johnson County Recorder's Office covering the following described real estate: Lot 7, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa WHEREAS, Iowa Valley Habitat for Humanity, an Iowa nonprofit corporation (Habitat), has provided a loan to the owners of the above - described real estate which is secured by a mortgage in favor of Habitat; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to Habitat's mortgage in order induce the Iowa Finance Authority to release funds to Habitat; and WHEREAS, Habitat has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of Habitat's mortgage; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa Valley Habitat for Humanity, an Iowa nonprofit corporation. Passed and approved this 26th day of October , 20 10 4�C MAYOR Resolution No. 10 -452 Page 2 ATTEST: CITY CLERK Approved by ro City Attorney's Office It was moved by Champion and seconded by sickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey _x Champion x Dickens x Hayek x Mims Wilburn x_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa Valley Habitat for Humanity, an Iowa Nonprofit Corporation, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Agreement and Mortgage which at this time is in the amount of $110,000, and was executed by Iowa Valley Habitat for Humanity, an Iowa Nonprofit Corporation, dated October 1, 2003, recorded October 6. 2003, in Book 3651, Page 274 through Page 286; and dated October 1, 2003, recorded October 6, 2003, in Book 3651, Page 287 through Page 290 Johnson County Recorder's Office, covering the following described real property: Lot 7, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution has loaned the sum of $87,322.77 on a promissory note to be executed by the Financial Institution and the owner of the real property, securing a mortgage, covering the real property described above; and WHEREAS, due to a request from Iowa Finance Authority, it is necessary that the Agreement and the Mortgage held by the City be subordinated to the lien of the mortgage by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Agreement and the Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Agreement and the Mortgage of the City at the real property described above. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 26th day of ortober 20 to CITY OF IOWA CITY FINANCIAL INSTITUTION gy _ gY Mayor Attest: City °lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 4k- 20 before me, the undersigned, a Notary On this �_ day of � �- ra��,� �r Public in and for the State of Iowa, personally appeared a-i ,o � 1Ic and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. - - of the City Council on the _-26-"'h day of C1- ogea- , 20 /D , and that MartEkew'7 and Marian K. Karr acknowledged the execution of the instrument to be their voXintary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. R'"I SOND RAE FORT S Commission Number 159791 n'r.�nc� My com ission Expires Notary Public in and for the State of Iowa iow 3 �o� LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this `S -!, day of , 20 to, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared `Cn� r�� S . �C�t�� to me personally known, who being by me duly sworn, did say that he /she is the of 6w � that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Nota in and for the Stat of Iowa My Commission expires: t3 1 1 ?1311( (�4 =ii Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -453 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1909 DELWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, on October 16, 2000, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1909 Delwood Drive a Mortgage recorded October 20, 2000, Book 3012, Page 624 through Page 630 of the Johnson County Recorder's Office. Passed and approved this 26th day of October ATTEST: CI ERK 20 10 MAYOR 0 Approved t o�t 3'�a City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion X Dickens X Hayek _X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Pamela J. Thodos Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1909 Delwood Drive, Iowa City, Iowa, and legally described as follows: Lot 204, Mount Prospect Addition, Part IV, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. from an obligation of the owner, Pamela J. Thodos, to the City of Iowa City represented by a Mortgage recorded October 20, 2000, Book 3012, Page 624 through Page 630 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: A2, ".) , -�, ) CIT LERK STATE OF IOWA 1 SS: JOHNSON COUNTY t4- A*f"k, `C ■ 4 MAYOR Approved bbyy s t U City Attorney's Office On this 1r 0 _ day of !Q+c r)1aF2 , A.D. 20_1 P , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.to�- q5*3, adopted by the City Council on the >L� day &n:!FSr--rt 20--/—� and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. *�Iow A, S ONDRAE FORT _ Commission Number 159791My Commission Expires `7 �,g1. Notary Public in and for Johnson County, Iowa c 4f 10 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -454 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 923 HIGHLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on October 6, 2004, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 923 Highland Avenue a Mortgage recorded January 20, 2005, Book 3837, Page 514 through Page 518 of the Johnson County Recorder's Office. Passed and approved this 26th day of Oc tober , 20_3_0— ERQ 6- ATTEST: CITY'CLERK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims x Wilburn _X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Larry C. Rummelhart Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 923 Highland Avenue, Iowa City, Iowa, and legally described as follows: Commencing at the northeast corner of Lot 167 in Part Five Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 77A, Plat Records of Johnson County, Iowa; thence south 890 49' East along the south line of Highland Avenue 135.70 feet to the place of beginning; thence south 10 33' west 120 feet; thence south 890 49' east 79.4 feet to the west line of Crescent Street as now located; thence north along the west line of Crescent Street 120 feet to the south line of Highland Avenue, thence north 890 49' west along the south line of Highland Avenue 80 feet to the place of beginning, subject to easements and restrictions of record, if any. from an obligation of the owner, Larry C. Rummelhart, to the City of Iowa City represented by a Mortgage recorded January 20, 2005, Book 3837, Page 514 through Page 518 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document ATTEST: -e CIT�)&6€RK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 II .c. 2rA v MAYOR Approved by City Attorney's Office On this _ day of 0 —QAETZ— A.D. 20�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. t 959 adopted by the City Council on the _524LL day Qc;bj% 20 10 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o[Al SONDRAE FORT Commission Number 159791 My commi sion Ex ires A .�6 Notary Public in and for Johnson County, Iowa M4i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -455 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 619 4T" AVENUE, IOWA CITY, IOWA. WHEREAS, on April 13, 2004, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 619 4`h Avenue a Mortgage recorded April 14, 2004, Book 3718, Page 784 through Page 788 of the Johnson County Recorder's Office. Passed and approved this 26th day of October I 20_D_. ATTEST: A�44 , ��� CITY`ELERK Approved by Ic) - City Attorney's Office It was moved by Champion and seconded by Pickens the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims v Wilburn X �— Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Marilyn C. Paetz Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 619 4th Avenue, Iowa City, Iowa, and legally described as follows: Lot two (2) in Block thirty -six (36), East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owner, Marilyn C. Paetz, to the City of Iowa City represented by a Mortgage recorded April 14, 2004, Book 3718, Page 784 through Page 788 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:L�/ CIT e RK STATE OF IOWA ) SS: JOHNSON COUNTY ) .a4 IVA .vim MAYOR A oved City Attorney's Office On this cV t ✓ day of 0!7bZC2, , A.D. 20 1.V , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.(C S , adopted by the City Council on the fib} = day 20 ID and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. oe""Js SONDRAE FORT Sz„� a Commission Number 159791 Notary Public in and for Johnson County, Iowa My Com fission Expires IOWA � �D r M4i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -456 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2458 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on January 21, 2008, the owner executed a Mortgage with the City of Iowa City to secure a loan of HOME Investment Partnership Funds to purchase 2458 Aster Avenue; and WHEREAS, the owner sold 2458 Aster Avenue and the new owner has signed a recapture agreement for the HOME funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2458 Aster Avenue, Iowa City, Iowa from a Mortgage recorded January 22, 2008, Book 4256, Page 528 through Page 532 of the Johnson County Recorder's Office. Passed and approved this 26th day of October , 20 10 . MAYOR ATTEST: 71� -?ca-14-J CITY ERK A�,by City Attorney's Office Resolution No. 10 -456 Page 2 It was moved by Chamvion and seconded by pirkpns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2458 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 23, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded January 22, 2008, Book 4256, Page 528 through Page 532 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR ATTEST: ` CITY RK STATE OF IOWA ) Approved by City Attorney's Office ) SS: JOHNSON COUNTY ) On this Q6 4'k 4'k day of OcYeatr/- A.D. 20_x, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /; adopted by the City Council on the L, r* day hCMt4r tL 20 /t and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S,m,1XC-W F-� WOW" lAt SONDRAE FORT Notary Public in and for Johnson County, Iowa Commission Number 159791 My Commission Expires �o NJ Prepared by: Linda Severson, JCCOG HS Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5242 RESOLUTION NO. t 0 -457 RESOLUTION TO APPROVE PAYMENT OF $1,500 TO SHELTER HOUSE COMMUNITY SHELTER AND TRANSITIONAL SERVICES FROM THE AID -TO - AGENCIES CONTINGENCY FUND FOR AN UNPLANNED EXPENSE. WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30, 2011 on February 16, 2010 and public comments received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2011 for Human Services Aid - to- Agencies was adopted by Resolution No. 10 -66 on March 2, 2010 totaling $425,268, of which $9,318 was placed in a contingency fund to be used for unexpected /unplanned expenses; and WHEREAS, Shelter House Community Shelter and Transition Services has requested $1,500 to help cover the cost (estimated at $7,000) of bed bug elimination at 331 North Gilbert Street, Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: $1,500 from the Aid -to- Agencies' contingency fund be allocated to Shelter House Community Shelter and Transition Services to help cover the cost of for bed bug elimination. Passed and approved this 26th day of October , 20_14 - ATTEST: CITY RK / �l MAYOR Approved b� City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X_ Dickens X Hayek X Mims Wilburn X Wright I u -gin -I u 4f 13 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO.' A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXMATEL� 207 ACRES O PROPERTY LOCATED EAST OF IOWA RIVER, `' UTIi OF­- MCCOLLIS R BOULEVARD, AND WEST OF SAND ROAD. WHEREAS, th City of Iowa City is the owner and legal titleholder )est appm6kimatbl� 207 acres of land located eas of Iowa River, south of McCollister Boulevard, and of Sand Road; and WHEREAS, City f Iowa City has requested annexation of the app imate 207 ire tract into the City of Iowa City, I wa; and WHEREAS, pursua t to Iowa Code 368.5 and 368.7 (2009),,/notice of the application for annexation was sent to e following Johnson County entities: B6ard of Supervisors; Attorney; Auditor; Engineer; Plannin and Zoning Commission; each aff,6cted public utility, East Lucas Township, the Johnson Cou ty Council of Governments, and �e East Central Iowa Council of Governments; and WHEREAS, none of these a ities have objected to the pr posed annexation; and WHEREAS, the South Distri Plan, an element of e Iowa City Comprehensive Plan, identifies this property as an appropr to location for public pen space; and WHEREAS, the City intends to de lop the property a Terry Trueblood Recreation Area; and WHEREAS, the Planning and Zonin Commission h reviewed the proposed annexation and rlPtPrmined that it ComDlies with the Comp hensive Pla . NOW, THEREFORE, BE IT RESOLVED Bl( THEtITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntalk annexed to the City of Iowa City, Iowa: AL DESCRIPTION OF TRUSfi PROPERTY TO COMMENCING AT THE NORTHEAS CORNER \,9F SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF T E 5TH PRIN CE AL MERIDIAN, JOHNSON COUNTY, IOWA; THEN N90 °00 00 "W, ALONG E NORTH LINE OF THE NORTHEAST ONE - QU/FEE THE NORTHER T ONE - QUARTER AND ALONG THE NORTH LVERNMENT LOT 1 QF SAID SECTION 27, A DISTANCE OF 1474 TO THE CENTERLINEsOF SAND ROAD NE AND THE POINT OF ING; THENCE S24 °04';� "E,' ALONG SAID CENTERLINE, 124.61 ; THENCE S38 °07'08 "E; ALONG SAID CENTERLINE, 20.62 THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 1892.14 THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTEND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SSTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19 °55'14 "E TNT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEM NT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75 °16'20 "W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84 °47'43 "W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84 °01'24 "W, ALONG SAID SOUTHERLY LINE, n i.. +:� _ nt Tlesolu ion No. Page 2 235.12 FEET; THENCE S78 °40'52 "W ALONG SAID OUTHERLY LINE, 542.38 FEET; THENCE N82 °22'41 "W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86 017'58 "W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHW ST CORNER OF SAID TRACT OF LAND- THENCE NO3 °29'02 "W, A ONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET T THE SOUTHEAST CORNER OF AUDITO 'S PARCEL 2008003 AS RE RDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S REC RDS; THENCE S89 °56'52 "W, ALONG T, SOUTHERLY LINE OF SAID AUDI OR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO HE EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF TH IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, F LLOWING AS CLOSELY AS' PRACTICABLE THE SINUOSITIES OF THE NK, 1156 FEET, MORE OR LESS TO THE NORTHWEST CORNER O SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG ID TOP OF BANK,, +OLLOWING AS LOSELY AS PRACTICABLE THE SINUO ITIES OF THE B `NK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION ITH THE NO H LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; T NCE S90° 0'00 "E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT , A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNI , C�ND TAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO EASEME S RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and documents as required by Iowa law under 3. Further, the City Clerk is hereby authori: documents for certification of the popula the State Treasurer, said population bei g Passed and approved this ATTEST: CITY CLERK diF.c -O ed to certify, file, and record all necessary 368.7 (2009) at Owner's expense. and irected to certify and file all necessary .n of the Hexed territory to Johnson County and zero. 12010. MAYOR Approved b at City Attorney's ce tiPSE OF i0� y 9 MICHAEL A. MAURO SECRETARY OF STATE p� S pv yP TQ RY Of OFFICE OF THE IOWA SECRETARY OF STATE Marian Karr City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 -1826 Re: Resolution #10 -458 Dear Ms. Karr, STATEHOUSE DES MOINES, IA 50319 November 3, 2010 NOV - 8 2010 N You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been received and accepted by this office as requirement of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, 0 CD Michael A. Mauro -C Iowa Secretary of State arrett Sc f eidbr Office of the Secretary of State 'J Phone 515- 281 -8993 Fax 515 - 242 -5952 www.sos.state.la.us sos @sos.state.Ia.us r Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO. 10 -458 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 207 ACRES OF PROPERTY LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD. WHEREAS, the City of Iowa City is the owner and legal titleholder of approximately 207 acres of land located east of Iowa River, south of McCollister Boulevard, and west of Sand Road; and WHEREAS, City of Iowa City has requested annexation of the approximate 207 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2009), notice of the application for annexation was sent to the following Johnson County entities: Board of Supervisors; Attorney; Auditor; Engineer; Planning and Zoning Commission; each affected public utility, East Lucas Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the South District Plan, an element of the Iowa City Comprehensive Plan, identifies this property as an appropriate location for public open space; and WHEREAS, the City intends to develop the property as Terry Trueblood Recreation Area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed annexation and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF TRUST PROPERTY TO BE ANNEXED: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90 °00'00 "W, ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER AND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38 °07'08 "E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19 055'14 "E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75 °16'20 "W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84 047'43 "W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84 °01'24 "W, ALONG SAID SOUTHERLY LINE, Resolution No. 10-45s Page 2 235.12 FEET; THENCE S78 °40'52 "W ALONG SAID OUTHERLY LINE, 542.38 FEET; THENCE N82 °22'41 "W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86 017'58 "W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE NO3 029'02 "W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89 °56'52 "W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS LOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90 °00'00 "E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2009) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 2Arh day of October , 2010. MAYOR Approved by ATTEST: CITY RK City Attorney's Office Resolution No. 10 -458 Page 3 it was moved by Wright and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x_ x wpdata/glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright Prepared by: Karen Howard, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5251 (SUB10- 00004) RESOLUTION NO. 10 -45 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA. WHEREAS, the owner, the City of Iowa City, filed with the City Clerk an application for approval of the preliminary plat of the Iowa City Industrial Campus, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of the Iowa City Industrial Campus, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 26th day of octobez 2010. ATTEST: o CITY RK Approved by 4A City Attorney's Office I d 11,6-110 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN IOWA CITY INDUSTRIAL CAMPUS IOWA CITY, JOHNSON COUNTY, IOWA Prepared by Fltb Infraslruclure 4 Environment, LLC 4211 Cl— R.,d NE. S,Tte B Ceder R.'W'. I— bm2 a. If (AK) .. . ........ ... ... ------ ------ 1,7 WE= 777777� no, au: w-a- Z=m%w-xw --- - - ------ - ------ . . ... .. ............... ........ ........ - ............ . .... ... .... ........ ls� F UTILITY EASEMENTS APPROVED BY F-CITY ­-N--lEWA-- CITY ­-j "�n`e'~ un A1181111 l"llT 1, CLIENT: CITY IOWA CITY IOWA CT' INDU FTFtML GAWUS 1 410 E —1—. —EEl AMC, . .1, PRIELIMIMITY PLAT OF roth IOWA CITY. Z" S2210 13A E. 7/29/2010 M6g Prepared by: Karen Howard, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5251 (SUB10- 00004) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA. WHEREAS, the owner, the City of to a City, filed with the City Clerk an applicatio for approval of the preliminary plat of Moss Green Ur n Village, Iowa City, Iowa; and WHEREAS, the Department of Plannin and Community Development and e Public Works Department examined the preliminary plat nd recommended approval; and WHEREAS, the Planning and Zoning Com ission examined the prelimi ary plat and, after due deliberation, recommended approval of the pl t; and WHEREAS, the preliminary plat conforms with II of the requirem nts of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT Allbe TH CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat I u trial Campus, Iowa City, Iowa, is hereby approved. 2. The Mayor and City CIowa Cit ,Iowa are hereby authorized and directed to certify this resolutio affixed t the plat after passage and approval by law. Passe d and approved this , 2010. ATTEST: CITY/CLERK It was m adopted, (ed by nd upon roll call there were: AYES: TkA • �7 by 4117— City ttorney's Office 1d/////C) and seconded by the Resolution be NAYS: iley ampion :kens miff W i Wright Rezoning /Subdivision Item: • Rezoning 175 acres of land located on 420tH Street, west of Taft Avenue, from General Industrial (I -1) and Interim Development- Industrial (ID -1) to Planned Development Overlay - General Industrial (OPD -11). (REZ10- 00007) • Resolution approving the preliminary plat of the Iowa City Industrial Campus, Iowa City, Iowa. (SUB10- 00004) [ZI sp - - - - - - - - - - - - - - - - - - PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN IOWA CITY INDUSTRIAL CAMPUS IOWA CITY, JOHNSON COUNTY, IOWA —p— by F.Lh ---- 9 bm'. 1— Nb, -1, 0 .1- rapids. Iowa bl- x".um"o, v, [ZI sp - - - - - - - - - - - - - - - - - - Prepared by: Karen Howard, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5251 (SUB10- 00005) 6i RESOLUTION NO. 10 -460 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. WHEREAS, the owner, Moss Green Development Corporation, filed with the City Clerk an application for approval of the preliminary plat of Moss Green Urban Village, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Moss Green Urban Village, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 26th day of Oct.—, 2010. /��`:1� MAYOR oved by ATTEST: 7C YCiS� Gt cc .�{' CITY RK City Attorneys Office ld yl v It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Moss green Urban Village -Preliminary Plat- ED E 2�W ENENT LEGEND: CMSTRU TIO. LIMIT LINE STANDARD sywoL$. I MORE OR LESS 1— PORTILANDOEMENTcON.— MOSS GREEN URBAN VILLAGE FENCE LINE — UTILITY LINE OR PIPE PRELIMINARY PLAT IRON ROD OR PIPE FOUND OQ FIRE­� HATER CALCULATED CORNER SANITARY SEWER MANHOLE . IOWA CnY, IOWA S­ CDR MONUMENT FOUND o STORM SEWER I—IHOLE �T s,-E SECT COR MONUMENT CALC. _E STORM SEIMER o POWER POLE NOT ELEVATION UNDER GROUNDE1EC/TE1_ LIGHT POLE NOT TO OVERHEAD ELEC. , TEL .2�010v Peld, 10956 F, .,-M FLOOR HOT mix AS—T �TIELE­IONI Rezoning /Subdivision Item: •Conditionally rezoning approximately 60.32 acres of land from Interim Development- Research Park (ID -RP), to Overlay Planned Development -Office Research Park (OPD -RP); and approximately 56.48 acres of land from Interim Development- Research Park (ID -RP) to Overlay Planned Development- Research Development Park (OPD -RDP); and approximately 24.49 acres of land from Interim Development- Research Park (ID -RP) to Overlay Planned Development -Mixed Use (OPD -MU) for property located northwest of the interchange of State Highway 1 with Interstate 80. (REZ10- 00004) • Resolution approving the preliminary plat of Moss Green Urban Village, Iowa City, Iowa. (SUB10- 00005) 10 TrA CITY ,�,♦ Iii -ORP ` CITY �4 �� J J ff't" J / CfYY f7F 101+ r � c .J JJ J cm co a J''I � �1 GH1 j j C I SITE LOCATION: Highway I & I -80 READ- 00004/SUB10 -00005 - - -------- - - - - -- INTERSTATE— Jurisdictional Wetlands mla� elarve,aape — 5 1 s% Tv, & 5sf Mae avesl 2s Stream Corridors ® Tole rb ((9 31a �^h §1 1('II4 1) 1 re5)- 2359'0 Regulated Slopes piaCre ps W Wexare pas laI,1 wevsFROTECTEO stoPES, unmss ollrernee spevinee. n ine ln sveam COrrlaw neraM is mare(ore nptsnpnn �R l npir ee u�Wreer tlatl5a Toll I ues RualeBl s rtar uelo 3portietin r e wacmen s ) Fl-p41% l am Wooded Areas z of (75 M eve) Iereexxpa�emrameelpl2g�mn l.RDF,,dIRPZpx�am %oAmmpMUmpa e5 Fully Hydric Soils w[App -1. Prairie Remnants NelAppl- Archaeological Sites Np1Appl;�ele Construction Area Limit D e eN neera, wgea o,cIg =laaunngn app cede ' A, Rer u'I mmalss. ba>�le�iwa N nal mlec and n�pm uon ena nao- slurbeilre�sena e°•Iino;is�e °ma a�ISU°eproi�neaal�pe°a .spoelaa Wetland Cross Section *Ma MOSS GREEN URBAN VILLAGE SENSI77VEAREA Iowa Cm IowA 1 1 -200' 1 0345 -2010 1 E J0— 1 109563 LEGEND: STANDARD SYMBOLS: tl- MORE OR LESS FENCE LINE PCC PORTLAND CEMENT CONCRETE — UTILITY LINE OR PIPE IRON ROD OR PIPE FOUND CALCULATED CORNER H O FIRE HYDRANT SANITARY SEWER MANHOLE WATER GAS SEC T. COR. MONUMENT FOUND STORM SEWER MANHOLE SANITARY SEWER ENGINEER A. LEO - uACTwi utt exisnrrcunuT[ 5lvpwxoFrvorsnavwlnAS xoiwMw[oouANC iw.nauEVUSmamsm'psas) SECT. COR. MONUMENT CALL, 0 POWER POLE 0 1355 VALVE SPOTELEVATION ( @x) STORM SEWER UN DERGROUNDELEC.ITEL. y 5 ^� LIGHT POLE NT' NOT TO SCALE OVERHEAD ELEC. /TEL. sm otranse.r, w.da m1s -Pp. ae. uxs, p..ue ame >nlsi5lxsimx F: I5151zscasf„ e,,,,,,,«„,�.«,e,,,,,�,,,e „ „e,a MOB,,,,,„,, ,,,,,„e,,,,,,,,,,,,—„p„(o ui own omEavnsEl FF. FINISHED FLOOR HMA HOT MIX ASPHALT CAN CABLE TELEVISION Construction Area Limit D e eN neera, wgea o,cIg =laaunngn app cede ' A, Rer u'I mmalss. ba>�le�iwa N nal mlec and n�pm uon ena nao- slurbeilre�sena e°•Iino;is�e °ma a�ISU°eproi�neaal�pe°a .spoelaa Wetland Cross Section *Ma MOSS GREEN URBAN VILLAGE SENSI77VEAREA Iowa Cm IowA 1 1 -200' 1 0345 -2010 1 E J0— 1 109563 Moss green Urban Village - Preliminary Plat - ;,.,,,IOWA CITY, IOWA a S /P 6 ^\ «.•m y � C , - RE xo. PENT pop 1x�c e ..._ .. ... h w xMOSS PLACE j .. mcxn xsn.c - " l Y MINOR _ SS PLA l( PLAIN VIE I.. o c � rs 1 � I1 I - PrCI —i— PLAT APPROVED b the Ci,, Cf Iowa City V d� i •1 �L ��y ���l I.�i a S /P 6 ^\ «.•m - -- � C , - RE xo. PENT 1x�c e ..._ .. ... f w xMOSS PLACE j .. mcxn xsn.c - -\ I� III I� II REET6 PLACE 6TRFFT6�e DLEVpRo AI -- INTERSTATE - - -8{1 \; - -- - RE xo. PENT 1x�c e ..._ .. ... OM A. Lca ENGINEERING COMPANY uxL u rsrcus n¢u u u a onnuxxu nN+Lrvo wru.¢wouxvu cwnorvc Lo¢zeznoo. eer Snr E�A'� inA PlannlnA veVing xmorce�auom or: ue oo: nsone -P.¢. ee.rQS Or :�o ns- P:'srsl xss -near: �sre�ms -z2se rauwrvuscar Txc.,e cn -on nrr mm - mrr<si sr: LEAND°HD SVM DG __ -__ CONSTRUCTION LIMIT P PGR ANDGEMENT GN R E aEHVONE„NT — UTIVITrLINEOR_E A CALCULATED CORNER NU C+ SANITARY SEWERMAN TOLE WATER SECT COR. MONUMEM FOUND STORM SEWER MANHOLE SANITARVSEWER VALVE STORM SEWER E PCWER POLEONUMEM CALC. SPOT ELEVATIDN(@x) UNDERGROUNDELEC. I TEL °m NTS. aHE/T LIGHF POLE A TTOSCALE OVERHEAD ELEC. I TEL F_ %- FINISHED FLOOR rnn. HOT MIX ASPHALT cAry CAELETELEVISION xMOSS PLACE j .. mcxn xsn.c - " l Y _ SS PLA l( PLAIN VIE I.. o c � rs 1 � I1 I - PrCI —i— PLAT APPROVED b the Ci,, Cf Iowa City V d� i •1 �L ��y ���l I.�i II REET6 PLACE 6TRFFT6�e DLEVpRo AI -- INTERSTATE - - -8{1 - -- - RE xo. PENT 1x�c o .. OM A. Lca ENGINEERING COMPANY uxL u rsrcus n¢u u u a onnuxxu nN+Lrvo wru.¢wouxvu cwnorvc Lo¢zeznoo. eer Snr E�A'� inA PlannlnA veVing xmorce�auom or: ue oo: nsone -P.¢. ee.rQS Or :�o ns- P:'srsl xss -near: �sre�ms -z2se rauwrvuscar Txc.,e cn -on nrr mm - mrr<si sr: LEAND°HD SVM DG __ -__ CONSTRUCTION LIMIT P PGR ANDGEMENT GN R E aEHVONE„NT — UTIVITrLINEOR_E A CALCULATED CORNER NU C+ SANITARY SEWERMAN TOLE WATER SECT COR. MONUMEM FOUND STORM SEWER MANHOLE SANITARVSEWER VALVE STORM SEWER E PCWER POLEONUMEM CALC. SPOT ELEVATIDN(@x) UNDERGROUNDELEC. I TEL °m NTS. aHE/T LIGHF POLE A TTOSCALE OVERHEAD ELEC. I TEL F_ %- FINISHED FLOOR rnn. HOT MIX ASPHALT cAry CAELETELEVISION MOSS GREEN URBANxVi115 VILLAGE PRELIMINARY PLAT IOWA CITY, IOWA . -� .�,.a.uvm 1" - 200' 02 -22 -2010 V.xPEI" 109$6 �1�'.p CITY OF IOWA CITY 7 M MEMORANDUM Date: October 20, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator kf-- Jeff Davidson, Director, Planning and Community Development -lll Re: An agreement for private development between the City of Iowa City and Moss Green Development Corporation This development agreement was originally on the City Council's meeting agenda on June 1, 2010, but was deferred indefinitely pending environmental clearances required from the U.S. Army Corps of Engineers. In the interim, we were approached by the Moss Green project developer and asked to consider an amendment to the development agreement increasing the `not -to- exceed' expense from $13.7 million to $15.3 million. The developer has stated the following factors: • Adjustment of the construction cost estimate based on using local contractors and suppliers. • The increase in the expense to engineer and construct the project because of requirements mandated by the U.S. Corps of Engineers for wetland mitigation and consideration of environmental features on the site. Two other minor changes to the agreement include: • A provision that, if the developer receives grant funding from any other sources for this project, the city will reduce the amount of TIF funding by the same amount. • Clarification that the city will not bear the expense of over - sizing any public infrastructure within the subdivision because those costs will be reimbursed through TIF rebates. As you recall, the other noteworthy points about the development agreement are: • This is an agreement to provide a property tax rebate to repay the costs of the Developer constructing Oakdale Boulevard westward from the intersection of Highway One into the Moss Green Urban Village; • The total economic development grants paid to the developer would continue to be the lesser of: 1. 20 years of 50% of the tax increment collected; or 2. The actual cost of the minimum improvements; or 3. $15.3 million instead of $13.7 million • The `not -to- exceed' rebate amount is calculated based on the developer's estimate of infrastructure expense, and is an exhibit in the development agreement. The City Council Economic Development Committee met August 15 to discuss the amendment to the 'not -to- exceed' amount and voted 3 -0 to recommend the amended development agreement to City Council. Staff will be available to discuss the development agreement at your work session and at the formal City Council meeting. Never executed and file retired per ACA Holecek Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 1 n -461 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE WHEREAS, by Resolution No. 10 -137, adopted on April 27, 2010, the City Council approved and adopted an urban renewal plan for the area designated as the "Moss Green Urban Village Urban Renewal Plan Area "; with stated objectives including the revitalization and development of an economic development area in the City of Iowa City; and WHEREAS, the City has received a proposal from Moss Green Development Corporation (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 Moss Green Urban Village Urban Renewal Area as legally described in the Agreement and incorporated herein by this reference (defined in the agreement as the "Development Property "), and upon completion of said Minimum Improvements, the Developer will be eligible for Economic Development Grants; and WHEREAS, the Agreement further proposes that the City provide up to twenty (20) consecutive annual Economic Development Grant payments, the total, aggregate amount not to exceed the lesser of $15,300,000, fifty percent (50 %) per fiscal year of the Tax Increments collected by the City on the Development Property or the actual evidenced costs of said minimum improvements, commencing no later than June 1, 2015 and ending on June 1, 2034, pursuant to Section 403.9 of the Urban Renewal Act, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, the Economic Development grants will be funded by placing 50% of the tax increment proceeds generated within the urban renewal area into an account specifically designated for those grants and the City will retain 50% of the tax increment proceeds for future incentives to businesses wishing to locate within the urban renewal area; and WHEREAS, the Iowa Code Chapters 15A and 403 (the "Urban Renewal Law ") 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 Urban Renewal 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, as amended. Resolution No. 10 -461 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the Agreement for Private Redevelopment by and between the "City of Iowa City, Iowa, and Moss Green Development Corporation, which is available for review in the Office of the City Clerk. Passed and approved this 26th day of October, 2010. u_ •; ATTEST: 2� - ILZAA) CITMERK It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Never executed and file retired per ACA Holecek AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA 0 X MOSS GREEN DEVELOPMENT CORPORATION FOR DEVELOPMENT IN THE CITY OF IOWA CITY, IOWA -1- AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT (the "Agreement "), is entered into this day of ' 2010, by and between the City of Iowa City, Iowa, a political subdivision (the "City ") established pursuant to the Code of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2009, as amended, (hereinafter called the "Urban Renewal Act ") and Moss Green Development Corporation, an Iowa corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer "). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization and development of an economic development area in the City of Iowa City, Iowa, and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Moss Green Urban Village Urban Renewal Plan Area, which area is described in the Moss Green Urban Renewal Plan, approved for such area by Resolution No. 10 -137 on April 27, 2010; and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer either owns or will obtain all easements and dedications necessary and appropriate for the installation of all Minimum Improvements within the planned Oakdale Boulevard right -of -way running through property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property "); and WHEREAS, the Developer is willing to cause certain infrastructure and other improvements to be constructed on the Development Property and thereafter to cause the same to be administered in accordance with 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 applicable provisions of 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 from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means one or more certifications in the form of the certificate attached hereto as Exhibit C provided to the Developer pursuant to Section 3.4 of this Agreement. City means the City of Iowa City, Iowa. Code means the Code of Iowa, 2009, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the city engineer and /or building inspector of the City as required by applicable City codes. Count means the County of Johnson, Iowa. -3- Developer means Moss Green Development Corporation, an Iowa Corporation, and its successors and assigns to the extent permitted in this Agreement. Development Property means that portion of the Urban Renewal Area of the City described in Exhibit A attached 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 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of the sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, extension of Oakdale Boulevard and Moss Place, together with storm sewer and other related site improvements as outlined in Exhibit "B" attached hereto and incorporated herein. Minimum improvements shall include the Developer's legal, engineering and design expenses to facilitate the development and the costs of financing the construction of said Minimum Improvements. 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. Moss Green Development Corporation — Moss Green TIF Account No. 1 means a separate account within the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited 50% of the Tax Increments received by the City with respect to the Development Property described in Exhibit A. Moss Green Urban Village Urban Renewal Area Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, indebtedness or in grants, 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 Development Property.. 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. 10 -4394 of the City, under which the taxes levied on the taxable property within the Development Property shall be divided and a portion paid into the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City of Iowa City. Project means the construction and administration of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property added since the date of this Agreement that are divided and made available to the City by the Johnson County Auditor for deposit in the Moss Green Urban Village 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 termination 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, 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 Moss Green Urban Village Urban Renewal Plan, as amended, approved in respect of the Moss Green Urban Village Urban Renewal Plan of the City, 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 of Iowa and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2 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 occupy and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Attached hereto and incorporated herein as Exhibit F is the opinion of Developer's counsel confirming this covenant. (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 Is:2 prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the Articles of Incorporation and Bylaws of the Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of this 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 applicable local, State and federal laws and regulations, except for permitted variances necessary to construct the Minimum Improvements. Subject to unavoidable delay, construction of said Minimum Improvements shall be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2, or, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. All construction plans for the Minimum Improvements shall be approved by the City in accordance with City construction standards prior to commencement of construction of same. The Developer acknowledges and agrees that Moss Place shall continue to be held by Developer as a private street, and the Developer shall continue to maintain such street unless and until Moss Place is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for Moss IVA Place. However, the Developer shall grant to the City, on behalf of the City and the general public at large, a public, emergency and service vehicle access easement over Moss Place, the general terms of which shall be in the form of Exhibit E attached hereto. The Developer also acknowledges and agrees that certain outlots as indicated on the approved preliminary plat shall be held by Developer as private open space, and the Developer shall continue to maintain such open space unless and until the open space is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for any private open space. (f) The Developer will use its best. efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. (g) The Developer represents that the Minimum Improvements, with the exception of Moss Place, the storm sewer serving Moss Place, all Stormwater Management Basins, wetlands and outlots to be held as private open space, shall be dedicated to the City subject to the terms of this Agreement, and shall exercise its best efforts to accomplish same in a timely manner. (h) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (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 fully with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety 50 problems which may arise in connection with the construction of the Minimum Improvements. (j) 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. (k) As a covenant running with the land, the Developer shall not, prior to the expiration of this agreement, cause or voluntarily permit the Development Property and /or Minimum Improvements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as taxable or as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. Developer agrees to memorialize this requirement as a covenant and restriction within any deed issued for any real estate contained, in whole or part, within the Development Property. Said deed restriction shall take the form of the language outlined in this paragraph. (1) Upon completion of the Minimum Improvements or a portion thereof, and after the City has issued a Certificate of Completion, the Developer will provide the City with a deed to convey the rights for said public improvements and related rights of way free and clear of all liens pursuant to section 2.2(e). (m) In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 2.2 hereof, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the City, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. in ARTICLE III. CONSTRUCTION AND DEVELOPMENT REQUIREMENTS Section 3.1 Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements and all related site improvements, as more fully described on Exhibit "B" attached hereto, to be constructed on the Development Property in conformance with the Construction Plans submitted to, and approved by, the City. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale thereof as detailed and outlined in Exhibit "B" and the Construction Plans, as so approved. Section 3.2. Construction Plans. The Developer shall present the Construction Plans for the Minimum Improvements to the City for approval and shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and regulations. The City's approval of said Construction Plans shall be signified by the City issuing a building permit; and the City shall approve the Minimum Improvement Construction Plans contemporaneously with its approval of the Final Plat for the Moss Green Urban Village Subdivision. The Construction Plans shall (a) conform to the terms and condition of this Agreement; (b) conform to the terms and conditions of the Urban Renewal Plan; (c) conform to all applicable federal, State and local laws, ordinances, rules and regulations, and (d) shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Improvements. Provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City for any other purpose, including but not limited to, any building, fire, zoning or other ordinances or regulations. Approval of the Construction Plans by City shall not relieve the Developer of any obligation to comply with the remaining terms and provisions of this Agreement, or the provisions of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes under this section of this Agreement, and shall not constitute approval for any other City purpose or subject the City to any liability for the Minimum Improvements or Minimum Improvements as constructed. -10- Section 3.3 Commencement and Completion of Construction of Minimum Improvements. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be undertaken and completed in conformity with the Construction Plans approved by the applicable City building officials or any amendments thereto as may be approved by City building officials, with construction of said Minimum Improvements to be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2. However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. The Developer agrees that it shall permit designated representatives of the City, upon reasonable notice to the Developer (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements in order to inspect such construction and the progress thereof. However, such inspection shall not relieve or release the Developer from the responsibility to construct said Minimum Improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City to ensure construction of said improvements in accordance with said plans and specifications. Upon notice of completion of the Minimum Improvements, or any portion thereof then being dedicated to the City by the Developer, the City shall inspect the Minimum Improvements and determine whether they have been completed in accordance with this Agreement. If the City finds that the applicable portion of the Minimum Improvements has been duly completed and acceptance is in the best interests of the City, the City shall accept dedication of those completed Minimum Improvements. If the City determines that the Minimum Improvements are not acceptable, it shall notify the Developer within twenty (20) calendar days in the form described in Section 3.4 below. Section 3.4. Certificate of Completion for Minimum Improvements. Upon written request of the Developer, after completion of any or a portion of the Minimum Improvements, the City shall inspect, and if satisfied, shall accept said Improvements, and, after acceptance, furnish the Developer with a Certificate of Completion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive -11- determination of satisfactory termination of the covenants and conditions of this Agreement solely with respect to the obligations of the Developer to construct the applicable portion of the Minimum Improvements. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.4, the City shall, within twenty (20) calendar days after written request by the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the applicable portion of the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such Certificate of Completion. ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Insurance During Construction. Developer will provide and maintain (or cause to be maintained in the case of construction by another entity) at all times during the process of constructing the Minimum Improvements, at its sole cost and expense (prior to acceptance of dedication of any applicable portion by City) (and, from time to time at the request of the City, furnish the City with proof of payment of premiums on) insurance as follows: 0) Insurance against loss and /or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $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, -12- without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, contractual liability and 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) with limits against bodily injury and property damage of at least $1,000,000 per occurrence and for each year. The City shall be named as an additional insured for the City's liability or loss arising out of or in any way associated with the project and arising out of any act, error, or omission of Developers; Developers' directors, officers, shareholders, contractors and subcontractors or anyone else for whose acts the City may be held responsible (with coverage to the City at least as broad as that which is provided to Developers and not lessened or avoided by endorsement). The policy shall contain a "severability of interests" clause and provide primary insurance over any other insurance maintained by the City. (iii) Worker's compensation insurance, with statutory coverage. (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 of Iowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen -13- (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 therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $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 Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep the Development Property and the Minimum Improvements in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. This duty shall cease as to any Minimum Improvements dedicated to or conveyed to and accepted by the City, and /or upon a permitted sale of any Minimum Improvements. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will -14- provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all applicable laws, rules and regulations relating to the Development Property. Section 6.4. Non - Discrimination. In constructing the Minimum Improvements and selling lots within the Development Property, the Developer shall not discriminate against any person because of race, creed, color, sex, national origin, age, gender identity, marital status, religion, disability or sexual orientation. The Developer shall ensure that applicants, employees, potential purchasers and tenants are considered and are treated without regard to their race, creed, color, sex, national origin, age, gender identity, marital status, religion, physical disability, sexual orientation or familial status . Section 6.5 Reserved. Section 6.6. Reserved. Section 6.7. Annual Certification. To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City for each phase of the project the following: (a) a written statement from the County Auditor showing the amount of estimated Tax Increments (as defined in Section 1.1 of this Agreement) in respect of each phase of the project (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property due and payable by Developer or other third parties have been paid for the prior fiscal year; and (c) certification that such officer has re- examined the terms and provisions of this Agreement and, to the best of that officer's knowledge and belief at the date of such certificate, and during the preceding twelve (12) months, the Developer 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 given 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 actions taken to correct any such default; (d) receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for construction of the Minimum Improvements with a corresponding spreadsheet in both hard -copy and electronic format. Such statement, proof and certificate described above, shall be provided to the City for -15- each phase of the Project not later than November 1 of each year, commencing November 1, 2011. 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 Termination Date, the Developer will maintain its existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all or substantially all of the Minimum Improvements and Development Property, or assign, participate, or otherwise act in such manner as to convey to any third party any 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, which consent shall not be unreasonably denied, delayed or withheld. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may (1) pledge any and /or all of its assets and real estate as security for any financing of the Minimum Improvements or construction of other improvements on the Project to a commercial lender, or; (2) sell one or more individual lots in the Development Property to third parties after approval of a final plat containing the Minimum Improvements or a portion thereof in accordance with the terms of any Subdivider's Agreement for said final plat. 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 Development property and the Urban Renewal Act, the City agrees to make up to a maximum of twenty (20) annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. Such annual grants will commence once the developer requests to certify debt, which must occur no later than November 1 of 2013 (the Developer may certify debt in advance of this deadline). If the Developer wishes to certify debt and the City certifies debt to the County Auditor per section 6.7, the Developer shall receive the first economic development grant on June 1 -16- following the fiscal year after such certification (for example, if the City shall certify to the County prior to December 1 of the year of Developer's request, it shall be eligible for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of that fiscal year. (Example: if Developer and the City each so certify in November 2012, the first Economic Development Grant would be paid to Developer on June 1, 2014.) Such economic development grants shall cease when the total of all grants is equal to the lesser of $15,300,000, the total amount of certified expenditures on the Minimum Improvements or twenty (20) years from the date of the first certification of debt. All annual grants shall be equal to fifty percent (50 %) per fiscal year of the Tax Increments or the total of receipts, invoices and any other proof of payment or expense for which it seeks reimbursement (whichever is less) for construction of the Minimum Improvements per section 6.7 (unless the total grant amount of $15,300,000 or twenty (20) years from the date of certification is reached first) collected by the City with respect to the Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve month period in respect of the Development Property and Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants "). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year shall be subject to and conditioned upon the terms of this Article and timely filing by the Developer of the annual statement, proof and certification required under Section 6.7 hereof. Beginning with the first November 1 certification, if such annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City approves of the same, the City shall certify to the appropriate County office 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 County as taxes -17- are paid during the following fiscal year and which shall thereafter be disbursed to the Developer pursuant to 8.1(a). (For example, if the Developer and the City each so certify on November and December 2012, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2014). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular meeting with respect thereto) to the Developer's certification due to its late filing. In the event 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, 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 twenty (20) annual Economic Development Grants if Developer is in compliance with this Agreement. (d) The total aggregate amount of all Economic Development Grants that may be paid to the Developer under this Agreement shall be equal to the lesser of: (a) 50% of the Tax Increments collected with respect to the assessments imposed on the Development Property as of January 1 after the date of first certification of debt and on January 1 of each of the following nineteen (19) years; (b) the actual cost of the Minimum Improvements for which bills and proof of payment have been submitted to the City as of the date of any payment, but constructed by the Developer; or c) Fifteen Million, Three Hundred Thousand Dollars ($15,300,000). It is understood and agreed by the parties hereto that no Economic Development Grant will be paid to the Developer unless and until Developer provides to the City bona fide copies of receipts, invoices and any other proof of payment or expense for each amount for which Developer seeks reimbursement as defined in Exhibit "B" of this Agreement. Additionally, the total amount of any other public grants or public funds received by Developer for the construction of the Minimum Improvements shall directly offset the amount of the Economic Development Grants that may be disbursed under this Agreement, it being the parties intent that any other public funding received by Developer for any portion of the Project shall directly reduce the amount of the Economic Development Grants that may be disbursed under this Agreement. For example, if Developer receives a RISE grant in the amount of One Million Dollars ($1,000,000), the total aggregate amount of Economic Development Grants that may be paid under this Agreement shall be reduced by One Million Dollars for a maximum aggregate potential of Grants to be $14,285,451. Further, as the infrastructure within the Project Area is eligible for Economic Development Grants under this Section, the City shall not participate in cost sharing for overwidth street pavement, overwidth sidewalk, or off -site infrastructure as outlined in Iowa City Code Sections 15 -3 -2 (J) & (K), 15- 3 -3(C) and 15- 3 -14(B) or any other oversizing of infrastructure under any other policy or provisions, it being the express intent of the parties that the City's maximum aggregate contribution of public funds to the Project shall not exceed the amount of Economic Development Grants that may be disbursed under this Agreement and said funds may be payable only as outlined in this Section. 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 shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. The parties recognize that the total aggregate amount set forth above is a maximum amount only and that the actual amount of each Economic Development Grant will be determined after the Minimum Improvements are completed and valuations of the Development Property with the improvements thereon, have been determined by the City Assessor. -19- (e) In the event that any certificate filed by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Article X (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 Article X), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Article X hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the Moss Green Development Corporation -Moss Green TIF Account No. 1 of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and, subject to Developer compliance and annual appropriation by the City Council, to apply the incremental taxes collected in respect of the Development Property and allocated to the Moss Green Development Corporation - -Moss Green TIF Account No. 1 to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City fails to appropriate funds into the Moss Green Development Corporation - Moss Green TIF Account No. 1, or receives an opinion from its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Development Property to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. The right of non - appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future Kill Economic Development Grants shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by the City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City, its agents, governing body members, attorneys, employers, successors or assigns, in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the Moss Green Development Corporation -Moss Green TIF Account No. 1 (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property or any other properties within the Urban Renewal Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. -21- ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, attorneys, servants and employees thereof (hereinafter, for purposes of this Article IX, the "Indemnified Parties ") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any claim, demand, lawsuit, loss or damage to any person in connection with the Minimum Improvements, the Development Property or this Agreement. (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 agrees 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 his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and administration of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or 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, attorney, servant or employee of the City in the individual capacity thereof. -22- (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed within ten (10) years of the execution of this agreement and pursuant to the terms, conditions and limitations of this Agreement; However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. (b) Transfer of any interest (either directly or indirectly) 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; (d) If the holder of any Mortgage on the Development Property owned by Developer, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default by Developer under the applicable Mortgage documents; (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States -23- 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 as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Development Property or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement which shall be proven to have been incorrect, incomplete or misleading and such misstatement was known by Developer at the time it was made, 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, or a combination, of the following actions after (except in the case of an Event of Default under subsection (d) or (e) of said Section 10. 1, in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days 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: yze (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold a Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to recover damages or to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re -pay to the City, as amount equal to all Economic Development Grants previously made to the Developer under Article Vlll 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 Attorneys' Fees and Expenses. Whenever any Event of Default occurs and either party 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 -25- herein contained, the party in default agrees that it shall, on demand therefor, pay to the other party the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by them in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Developer's 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 appropriate under Section 8.2(b) hereof, or 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 within ninety (90) days of receipt of such notice, or, if such action 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 action will be cured as soon as reasonably possible. Section 11.2. City's Option to Terminate. This Agreement may be terminated by the City if (i) the City 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 (with the exception of nonappropriation under Section 8.2(b)); and (ii) the Developer fails to complete all of the Minimum Improvements outlined in Exhibit "B" within ten (10) years of the execution of this agreement and fails to provide an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, or (iii) Developer fails to comply with any material term of this Agreement, and, after written notice by the City of such failure, the Developer has failed to cure within ninety (90) days of receipt of such notice, or, if such action cannot reasonably be cured by the Developer within ninety (90) days of receipt of such notice, the Developer has not provided assurances reasonably satisfactory to the City that such action will be cured as soon as reasonably possible. Section 11.3. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any 6P•I:M 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 administration 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, agent, attorney or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision - making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is 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, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 with a copy to Developer's attorney addressed to Mark C. Danielson, Leff Law Firm, L.L.P., 222 South Linn Street, Iowa City, Iowa 52240. (b) In the case of the City, is addressed to or delivered personally to the City at the City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Attn: City Clerk, with a copy to the City Attorney at the same address; -27- 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. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit B, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Developer shall pay all costs of recording. Section 12.7. 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 12.8. 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 12.9. Termination Date. Unless terminated earlier, this Agreement shall terminate and be of no further force or effect on and after December 31, 2034. [Remainder of this page intentionally left blank. Signature pages to follow.] sm IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor of the City and its seal to be hereunto duly affixed and attested by the Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf by its President, all on or as of the day first above written. (SEAL) ATTEST: CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor By: Marian K. Karr, City Clerk MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President ATTEST: By: Title: W40111 STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, 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 City, and that said instrument was signed and sealed on behalf of said City 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 City by it voluntarily executed. STATE OF IOWA ) COUNTY OF JOHNSON) a Notary Public in and for the State of Iowa On this day of , 2010, before me the undersigned, Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa -30- 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: MOSS -GREEN URBAN VILLAGE A part of the subdivision of the Northeast One - Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °4646" East, a distance of 1,980.54 feet to the North Right -of- Way line of Interstate 80; THENCE South 82 °24'15" West, along the North Right -of -Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 °11'05" West, a distance of 1,731.77 feet; THENCE North 00 °5455" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 °41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa C -1 and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. C -2 . MINIMUM IMPROVEMENTS Minimum Improvements shall consist of the installation of streets, street lighting, sanitary sewers, storm sewers, sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, waterlines, sidewalks, extension of Oakdale Boulevard and Moss Place together with other related site improvements, public utilities, public utility extensions and the lands thereunder, as well as all design, engineering, inspection, construction supervision, legal and financing costs, within the Development Property directly related to the Minimum Improvements which are outlined and depicted on the Moss Green Urban Village Master Plan, approved Sensitive Areas Development Plan, approved Overlay Planned Development, the approved Preliminary Plat and as described in the Construction Plans to be submitted and approved by the City under Article III, all of which are incorporated by reference herein. The Developer shall submit copies of actual receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for the Minimum Improvements as required by Section 8.1(d). It is anticipated that actual construction costs of the Minimum Improvements will be: Cost Estimate for Improvements of MGUV MOSS GREEN URBAN VILLAGE Oakdale Boulevard Item QuantitV Unit Unit Cost Total Paving 35640 S.Y. 35.00 1,247,400.00 Trail 6072 S.Y. 26.00 157,872.00 Sidewalk 3036 S.Y. 22.00 66,792.00 Water Main 5400 L.F. 60.00 324,000.00 Water Main Encasement 675 L.F. $ $ C -3 Moss Place 75.00 50,625.00 Paving with Trails and $ $ Sidewalks 24000 S.Y. 35.00 840,000.00 Bridges 1, 2 & 3 39702 S.F. 75.00 2,977,650.00 Water Main 5200 L.F. 35.00 182,000.00 Road Fill /Pond Excavation 270000 C.Y. 5.00 1,350,000.00 Water Main Encasement 225 L.F. 75.00 16,875.00 15" Storm Sewer 5900 L.F. 25.00 147,500.00 Storm Sewer Intakes 20 EA. 3,000.00 60,000.00 Street Lighting 1 L.S. 300,000.00 300,000.00 Incidentals 10% L.F. 25.00 668,183.90 Storm Sewer Intakes 34 EA. 3,000.00 7.350.022.90 Moss Place Paving with Trails and $ $ Sidewalks 24000 S.Y. 35.00 840,000.00 Water Main 5200 L.F. 35.00 182,000.00 Water Main Encasement 225 L.F. 75.00 16,875.00 Bridge 4 7536 S.F. 75.00 565,200.00 Road Fill /Pond Excavation 30000 C.Y. 4.00 120,000.00 15" Storm Sewer 4800 L.F. 25.00 120,000.00 Storm Sewer Intakes 34 EA. 3,000.00 102,000.00 $ $ Storm Water Chambers 1760 EA. 530.00 932,800.00 Street Lighting 1 L.S. 200,000.00 200,000.00 Incidentals 10% 307,887.50 3,386,762.50 Sanitary Sewer Svstem 994,140.00 Fees Engineering, Legal 1,406,000.00 Accounting and others Interest on Construction Loan (Assumed 8 year return) 2,100,000.00 TOTAL PROJECT ESTIMATE 15,236,925.40 C -5 24" San. Sewer 6300 L.F. 60.00 378,000.00 6" Force Main 6300 L.F. 30.00 189,000.00 8" San. Sewer 4238 L.F. 30.00 127,140.00 Lift Station 180 TDH @ 200 1 L.S. 300,000.00 300,000.00 994,140.00 Fees Engineering, Legal 1,406,000.00 Accounting and others Interest on Construction Loan (Assumed 8 year return) 2,100,000.00 TOTAL PROJECT ESTIMATE 15,236,925.40 C -5 Prepared By: Return To: EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City ") and Moss Green Development Corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer "), did on or about the day of , 2010, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement "), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: MOSS -GREEN URBAN VILLAGE A part of the subdivision of the Northeast One - Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °46'46" East, a distance of 1,980.54 feet to the North Right -of- Way line of Interstate 80; AM THENCE South 82 °24'15" West, along the North Right -of -Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 011'05" West, a distance of 1,731.77 feet; THENCE North 00 054'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 041'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement 'with C -7 respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA IN ATTEST: in Marian K. Karr, City Clerk STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) Matthew J. Hayek, Mayor On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew Hayek and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa EXHIBIT D MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, City of Iowa City, Iowa, (the "City" ) and Moss Green Development Corporation (the "Developer ") did on or about the day of June 2010, make, execute and deliver an Agreement for Private Development (the Agreement) wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and more particularly described as follows: MOSS -GREEN URBAN VILLAGE A part of the subdivision of the Northeast One - Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 046'46" East, a distance of 1,980.54 feet to the North Right -of -Way line of Interstate 80; THENCE South 82 024'15" West, along the North Right -of -Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 °11'05" West, a distance of 1,731.77 feet; THENCE North 00 054'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 041'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth C -9 Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, the terms of this Agreement shall commence on the day of June, 2010, and terminate on or about the 31 st day of December, 2032, as set forth in the Agreement; and WHEREAS, the City and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the Office of the City Clerk, City Hall, Iowa City, Iowa. C -10 IN WITNESS WHEREOF, the City and the Developer has executed this Memorandum of Agreement for Private Development as of the day of June, 2010. (SEAL) CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor ATTEST: in Marian K. Karr, City Clerk MOSS GREEN DEVELOPMENT CORPORATION An- Stephen Moss, President ATTEST: By: Title: C -11 STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, 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 City, and that said instrument was signed and sealed on behalf of said City 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 City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C -12 EXHIBIT E FORM OF PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT Prep'd by: Sarah E. Holecek,1 st Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319)356- 5030 PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT FOR MOSS GREEN URBAN VILLAGE THIS AGREEMENT made and entered into by and between Moss Green Development Corporation, an Iowa Corporation, hereinafter referred to as Developer, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Developer hereby grants and conveys to the City, an easement which includes the right of public, emergency and City service access to the areas designated as "Moss Place ", as shown on the Final Plat of Moss Green Urban Village, Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. This Public, Emergency and Service Vehicle Access Easement (hereinafter "Public Access Easement ") provides the City, City service vehicles and the general public with a means of ingress, egress and passage over the private street designated as Moss Place on said plat, whether by vehicle or other means. With regard to the above - described Public Access Easement over the private street designated as Moss Place, the Iowa City Police Department is hereby authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the private street in violation of the parking laws of this City and State. This agreement shall serve as appropriate notice for such authorization to the Iowa City Police Department under the Code of Iowa, as amended. The Developer and its assigns hereby also agree to release, indemnify and hold harmless the City, its officers, employees, elected officials and agents from any damages, claim of damages or liability resulting from any ticketing or towing as authorized under the preceding paragraph. Additionally, the Iowa City Fire Department and other departments of the City are hereby granted an easement with the right of access over and across the above - described Public Access Easement on the private street designated as Moss Place on C -13 the final plat of Moss Green Urban Village, Iowa City, Iowa. Said right of access also includes the right of non - emergency and service vehicle access and the right to post signage forthe purposes of enforcing traffic laws and Fire Safety Standards underthe Uniform Fire Code, as amended. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining Moss Place or the easement area. The Developer reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Developer shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area. Nothing in this Agreement shall be construed to impose a requirement on the City to install the private improvement known as Moss Place at issue herein. Nor shall the Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Developer until completion by the Developer. The Developer hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. ATTEST: in Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA in MOSS GREEN DEVELOPMENT CORPORATION in Stephen Moss, President C -14 Matthew J. Hayek, Mayor ATTEST: By: Title: STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, 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 City, and that said instrument was signed and sealed on behalf of said City 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 City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C -15 EXHIBIT F FORM OF LEGAL OPINION City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Development by and between the City of Iowa City, Iowa and Moss Green Development Corporation Gentlemen: As counsel for Moss Green Development Corporation (the "Developer "), and in connection with the execution and delivery of a certain Development Agreement (the "Development Agreement ") between the Developer and the City of Iowa City, Iowa (the "City ") dated as of , 2010, we hereby render the following opinion: We have examined the original, certified copy, or copies otherwise identified to our satisfaction as being true copies of such documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: The Development Agreement has been duly and validly authorized, executed and delivered by Moss Green Development Corporation, and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Very truly yours, C -16 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 RESOLUTION AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE. WHEREAS, MidAmerican Energy wishes to install underground electrical utility lines across the west 10' of the vacated Beldon Avenue, between Oakridge Avenue and Willis Drive, for the provision of electrical service to�learby properties; and / WHEREAS, in order to install such utilities, MidAmericaryEnergy has requested the City grant it an underground utility easement in exc"nge for the payment of $1,000; and \ ' WHEREAS, followinublic hearing on the prldposed conveyance, the City Council finds that the conv yance of a skywalk ea,56ment is in the public interest. NOW, THEREFORE, BE T RESOLVED Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AT: 1. The City Council does hereby uthori the Mayor and City Clerk to execute an underground utility easement a d a other documents necessary to convey a utility easement over the west of the vacated Beldon Avenue between Oakridge Avenue and Willis Dri Iowa City Iowa, to MidAmerican Energy in consideration for $1,000. 2. The City Attorney is here consummate the convey4 Passed and approved th MAYOR ATTEST: CITY CLERK authorized to carry out any actions necessary to as require by law. day of 2010. .t Approved by City Attorney's Office M" Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 Resolution No. 10 -462 RESOLUTION AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE. WHEREAS, MidAmerican Energy wishes to install underground electrical utility lines across the west 10' of the vacated Beldon Avenue, between Oakridge Avenue and Willis Drive, for the provision of electrical service to nearby properties; and WHEREAS, in order to install such utilities, MidAmerican Energy has requested the City grant it an underground utility easement in exchange for the payment of $1,000; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of a skywalk easement is 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 does hereby authorize the Mayor and City Clerk to execute an underground utility easement and any other documents necessary to convey a utility easement over the west 10' of the vacated Beldon Avenue between Oakridge Avenue and Willis Drive, Iowa City Iowa, to MidAmerican Energy in consideration for $1,000. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 26th day of October , 2010. MAYOR Approved by ATTEST: CITY ERK ity Attorney's Office Resolution No. Page 2 10 -462 It was moved by ' Wright and seconded by Trims the Resolution be adopted, and upon roll call there were: AYES: X x x_ X x x wpdata /glossary/resolution -ic. doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright PLEASE RETURN TO: MIDAMERICAN ENERGY ATTN: RIGHT -OF -WAY SERVICES P.O. BOX 657 DES MOINES, IA 50306 -0657 Prepared by: Adam Jablonski 515. -281 -2334 MIDAMERICAN ENERGY COMPANY ELECTRIC LINE EASEMENT Folder No. 111 -10 Work Req. No. DR 2139462 Project No. 01154 KNOWALL MEN BY THESE PRESENTS: State of Iowa County of Johnson Section 4 Township 79 North Range 6 West of the 5t" P.M. For and in consideration of the sum of One and no/ 100----------------------------------- - - - - -- Dollar ($1.00), and other valuable consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa Corporation, receipt of which is hereby acknowledged, the undersigned titleholders City of Iowa City. Iowa (Grantors), heirs and assigns, do hereby grant to MIDAMERICAN ENERGY COMPANY (Grantee), its successors or assigns, the right to lay, construct, maintain, operate, repair, and remove underground conduit, wires, cables, poles, guys, guy stubs, anchors and other necessary equipment incident thereto (including associated surface mounted equipment) through, in, upon, over, along and across certain property described below, together with ingress and egress to and from the same, and the right to trim or remove, with reasonable care, such trees as may interfere with the proper maintenance or operation thereof, and all the rights and privileges incident and necessary to the enjoyment of this grant. Grantors agree not to perform any construction that would change the existing grade resulting in a violation of the minimum clearance requirements of the National Electric Safety Code or that would interfere with the operation and maintenance of the lines or cables. In consideration of such grant, MIDAMERICAN ENERGY COMPANY agrees that it will repair or pay for any damage which may be caused to real and personal property of the undersigned by the construction, maintenance, operation, or removal of said line, except such property placed subsequent to the granting of this easement that interferes with the operation and maintenance of the line and associated equipment. Additionally, MIDAMERICAN ENERGY COMPANY shall have the right to remove from the strip of land specifically described below, any obstructions; including trees, plants, undergrowth, buildings, and structures that interfere with the proper operation and maintenance of said line and equipment. Grantors agree that they will not construct or place any permanent buildings, structures, trees, plants, or other objects on the property described below. Grantors, however, reserve the right to pave the easement area should it so desire for sidewalk or trail purposes. Easement Description: Electric Line Easement area being described and depicted on the attached "Easement Exhibit', attached hereto and made a part hereof Ver. 0' , 2008 This easement shall be binding upon the heirs, successors, and assigns of both parties. Grantors shall have the right of full enjoyment and use of the above described property except as such that will be inconsistent with this easement. Dated this 26 day of October , 2010. City of Iowa City, Iowa Matthew J. Hayek manan,44arr Mayor City Clerk ACKNOWLEDGMENT STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this k day of Q c ;n%� , A. D. 2010, before me, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. to-4 6 9 passed (the Resolution adopted) by the City Council, under Roll Call No. ---- of the City Council on the -v- Irl- . day of D erroe- era - , 2010, and that the Mayor and the City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and it voluntarily executed. :AAA SONDRAE FORT a Commission Number 159791 My Commission Expires Notary Public in and for said State vex.0 2008 LOr I. WILLIS i 5UDDEVISION CF PART CF TI-E 5E 114- 5E 1/4 Cr 151!C. A -79-6 CITY OF IOWA CITY ,aNSN 66LINTY, IOWA U TZACr cF LarID DESGRIpm IN A WARRANTY PEP LL RELORPEP IN NZK 2919 AT PAGE 10 IN rrE RGU.RD5 CF I I a TY!E JGFIN501J U.AM'Y . 'o i d RI!6Z C-R'5 OFMC> IC 'r LANP CESCRIEPD IN A WARRANTY DEED RECORPID IN DOCK 2526 AT PAGE 2� IN TIE RE40" CF TI-C J/.}9J5014 C NrY R[6ORDER'5 OFFlCE I�LOi I, WE LIS MART' OF T GF PART TI£ 5E I /A- 5F 114 OF 6[Y,. 4 -79-6 U'TY CF IOWA CITY J:11INSO 1 COLNTY, IOWA III IQ I[i OAKRIDGE AVENUE LOT 10 zIl A 6 J Ri U LOT 9 LOf S WILLIS o Lror DRIVE BEONNNG LOT 7 LOT 9 LOT 10 I MOCK F. ELA(.KS PARK AWO'ICTJ TO IOWA CITY, IONA 60.0'(R) Az W �Q Q LOT 6 �U — uT Q 0 EASEMENT EXHIBIT CITY OF IOWA CITY JOHNSON COUNTY, IOWA LEGAL DESCRIPTION A PORTION OF VACATED BELDON AVENUE LOCATED IN THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5' PRINCIPAL NIERIDIAN. CITY OF IOWA CITY. JOHNSON COUNTY. IOWA NIORE PARTICULARLY DESCRIBED AS FOLLOWS: CONINIENCING AT THE SOUTHEAST CORNER OF LOT 1, WILLIS SUBDIVISION OF THE SE !. SE k: OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TR PRINCIPAL AIERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N88- 48'E.. ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N88 °48'E. ALONG SAID EASTERLY EXTENDED LINE, 10.00 FEET; THENCE NORTH 181.3 FEET NIORE OR LESS TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF OAKRIDGE AVENUE; THENCE WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE. 10.00 FEET; THENCE SOUTH 181.3 FEET 1,10RE OR LESS TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRE NIORE OR LESS AND IS SUBJECT TO EASEIVIEh'TS AND RESTRICTIONS OF RECORD. LINE SEGMENT TABLE LINE LENGTH BEARING ID It, L, L2 N 8' L3 WEST F OPRIETOR: CITY OF IOWA CITY RVEY REQUESTED BY: TODD WADSWORTH TE OF SURVEY: JUNE 22, 2010 LEGEND AND NOTES ® - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET G»ck -d %DM (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with MMS* ) ® IC 4863-008 - PROPERTY do /or BOUNDARY LINES - --- -- - -- -- CONGRESSIONAL SECTION LINES ------------------ .-- - --- -- - RIGHT -OF -WAY LINES - — - — - — - CENTER LINES LOT LINES, INTERNAL — - — - — - — - LOT LINES, PLATTED OR BY DEED = ------ -- -- -- ---- -- EASEMENT LINES WIDTH k PURPOSE NOTED - EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS C22 -1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERMISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS Q Nee3 \+asa- ooe- Naewoev.a.9 6/9/2010 9:18:58 AM CaT M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS IJMCAPE ARCHPPECTS ENVIRONMENTAL SPECL41 M 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351 -8282 www.mmsconsultants.net 5741 C ST. SW SUITE C CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 Date I R—lsl- EASEMENT EXHIBIT (MID AMERICAN ENERGY) A PORTION OF BELDON AVENUE LOCATED IN THE SE 114 SE 114 OF SEC. 4- 7906W OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. °at.' 8/4/2010 112" " IRN Field Book Noy 930 prawn aJF scale, MAS 1'=50' G»ck -d %DM Sheet No' 1 F� o�ect No, IC 4863-008 of, 1 L713 -Lb -1 U M t Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356 -5030 RESOLUTION NO. 10 -463 RESOLUTION APPROVING THE PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. WHEREAS, Council has passed the first reading for an ordinance creating a new Entertainment Venue Exception to the Under 21 Ordinance contained in Iowa City Code 4 -5 -8, with definitions for Professional Light and Sound in Iowa City Code 4 -1 -1; and WHEREAS, Said Entertainment Venue ordinance calls for Council to approve, by resolution, a Professional Light and Sound Specification Sheet for Entertainment Venues; and WHEREAS, it is in the interest of the City of Iowa City to approve the attached Professional Light and Sound Specification Sheet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City adopts the Professional Light and Sound Specification Sheet attached hereto. Passed and approved this 26th day of ori-ohar '2010. 214 MAYOR Appxved by �' /9/ ATTEST: <o C TY RK City Attorney's Office Resolution No. 10 -463 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ' ABSENT: x X x x x wpdata /glossary/resolution - ic.doc Bailey Champion Dickens Hayek Mims x Wilburn Wright Checklist for Audio Production Requirements for "Live Music" Venue Exception Sound Engineering Equipment: ❑Twenty -Four (24) Channel " Front of House Mixing Console" ❑Twenty -Four (24) channel "Signal Snake" ❑ Thirty -One (31) band graphic analog or digital equalizer for front of house ❑ Frequency crossover network "Microphone Collection" is as follows, but is subject to variation ❑ Six (6) Vocal microphones (Shure SM 58 or comparable) ❑ Six (6) Drum and Instrument microphoness (Shure SM 57 orcomparablee) ❑ One (1) Large Diaphragm Low frequency transducer (AKG D112 or comparable) ❑ Two (2) Small Diaphragm High frequency transducers (Shure PG or SM 81 or comparable) ❑ Four (4) Direct Input (DI) Boxes Auxiliary Equipment: ❑Sixteen(16)- Twenty Four (24) Microphone XLR to XLR cables of varying lengths. ❑ Two (2) miniature Mic Stands with boom arms. ❑ Six (6) Short Mic Stands with Boom Arms. ❑ Eight (8) Tall Microphone Stands with Boom Arms. ❑ Two (2) Straight round base general purpose microphone stands. Stage Monitor System: ❑ Four (4) channel system providing 4 different "mixes" on the stage. ❑ Minimum Four(4) Stage monitor speakers, usually positioned on stage at an angle facing the performers. ❑ Minimum Four (4) 15 or 31 ❑ Suitable external or internal power amplifiers for each of the four stage monitor mixes. 14 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356 -5030 RESOLUTION NO. i n -i.tii, RESOLUTION APPROVING PAULA RATIO STANDARDS FOR ENTERTAINMENT VENUES. WHEREAS, Council has passed the first reading for an ordinance creating a new Entertainment Venue Exception to the Under 21 Ordinance contained in Iowa City Code 4 -5 -8; and WHEREAS, Said Entertainment Venue ordinance calls for Council to approve, by resolution, a PAULA ratio standard for Entertainment Venues; and WHEREAS, it is in the interest of the City of Iowa City to approve the following Standard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The PAULA ratio for any Entertainment Venue, based on the trailing twelve (12) months at the end of any given month, shall be no greater than .50 PAULA 'citations per bar check, based on a minimum of ten (10) bar checks. Passed and approved this 26th day of October , 2010. ow"V.&M �►�L12�Z-7 Approved by ATTEST: CITY CLERK City Attorney's Office Resolution No. Page 2 10 -464 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X —x_ x x x x wpdata /glossary/resolution4c. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright Prepared by: Robin Marshall, Finance, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5085 RESOLUTON NO. 10-46 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE FULL -TIME GRANT ACCOUNTANT POSITION (AFSCME GRADE 13). WHEREAS, Resolution No. 10 -65 adopted by the City Council on March 2, 2010, authorized budgeted positions in the Accounting Division of the Finance Department for FY11; and WHEREAS, Resolution No. 10 -268 adopted by the City Council on May 10, 2010 established a classification /compensation plan for AFSCME employees; and WHEREAS, the City has been awarded multiple grants for flood related projects and stimulus funding through the America Recovery Reinvestment Act, I -JOBS, and Economic Development Assistance programs WHEREAS, to meet the specialized financial reporting requirements of the funding agencies for each of these grants, it is necessary to add a Grant Accountant position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Accounting Division of the Finance Department be amended by the addition of one full -time Grant Accountant position. The AFSCME pay plan be amended by the addition of the position Grant Accountant, grade 13. Passed and approved this 26th day of October _,2010 MAYOR Appr ved by / ATTEST: `e - CI Y RK City Attorney's Office It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion x Dickens x— Hayek x Mims g Wilburn Wright finacctg /res /grantaccou ntant.doc r CITY OF IOWA CITY 15 MEMORANDUM Date: October 19, 2010 To: Dale Helling, Interim City Manager From: Robin Marshall, Controller Re: Addition of Grant Accountant Position I am requesting to add a full -time Grant Accountant position in Accounting to accommodate the increased work load due to the additional financial reporting requirements that are associated with the multiple grants the City has been awarded through ARRA and I -JOBS stimulus funding, flood related CDBG funds, as well as, Economic Development Assistance. The person that fills this new position will be responsible for reviewing expenses to make sure that they are allowable per the grant agreement, requesting funding on a timely basis, responding to information requests, providing quarterly reporting, attending meetings with awarding agencies as needed, and preparing for federal audits. This new position is needed to ensure that the City has a staff member that is experienced and trained in grant reporting with sufficient time to dedicate to these efforts. This Grant Accountant position will also be able to relieve some of pressure from Planning and Community Development and Engineering, so that they can focus on applying for additional grants and managing projects, rather than spending their time on gathering information for grant reporting. Depending on benefits the annual costs for this position would be approximately $51,000- $71,000. Funding is available through the administration portion of the grants. In conversations between the Finance Director, Public Works Director, Community Development Coordinator, and myself, we all feel this new position is necessary to ensure the City is complying with all of the financial reporting requirements of the grants and to avoid any issues that could potentially risk the loss of funding or disqualifying the City from future grants. I appreciate your time and consideration in this matter. Cc: Kevin O'Malley Steve Long Rick Fosse /A4 16 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5142 RESOLUTION NO. 10 -466 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FIRST AVENUE GRADE SEPARATION PROJECT [STP -U- 3715(636) - - 70 -521. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the design and construction of the First Avenue Grade Separation 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 to enter into the above - mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 26th day of October , 20 10 . MAYOR A proved by ATTEST: - - ��"`'' AvwwnyJ glqi,, CITY CtERK City Attorney's Office 10 11 J1P It was moved by Bailey and seconded by Mims adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _ x Dickens x Hayek g Mims x Wilburn x Wright Pweng/res/tstave separationproj.doc 10/10 the Resolution be November 2008 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Program Project Recipient: City of Iowa City Project No.: STP -U- 3715(636)- -70 -52 Iowa DOT Agreement No.: 6- 10- STPU -28 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), Public Law 109 -59, as amended by the SAFETEA -LU Technical Corrections Act, Public Law 110 -244, reestablished the Surface Transportation Program (STP), now codified at Section 133(b) of Title 23, United States Code (U.S.C.). This program makes Federal funds available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Funding for highways is limited to Federal -aid highways, except that up to 15 percent of a State's sub - allocation of STP funds for areas with less than 5,000 population may be used for projects on rural minor collectors. Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following described STP project: PCC Grade and Replace on lst Avenue from north of Lower Muscatine Rd. to north of J Street. Includes new Iowa Interstate RR overpass bridge. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right -of -way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. If the project described in Section 3. drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 7. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. STP Project Agreement Page 2 It is the intent of both parties that no third party beneficiaries be created by this agreement. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same.agreement. 10. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block (City Projects Only) Date October 26 -,20 10 Mayor Title of city official I, Marian K. Karr certify that I am the City Clerk of Iowa City, and that Matthew J. Hayek who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 26th day of October 12010 Signed ,LL % Date October 26 20 10 City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By k,�,t Z Date Kent L. Ellis, P.E. Local Systems Engineer District 6 e b4r L & z 20 16 November 2008 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non - primary Highways 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on -line at: http: / /www.iowadot.gov /local_systems/ publications /im /lpa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi- use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph The Office of Management and Budget (OMB) Circular A -133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A -133. CFDA #20.205 and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. 2. Federal Authorization. a. The Recipient shall. be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, Exhibit 1 Page 2 includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In -House Services. a. If Federal funding is requested for in -house services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal -aid Participation in In -House Services. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in -house services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right -of- way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical /cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. If farmland is to be acquired, whether for use as project right -of -way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. Exhibit 1 Page 3 6. Right -of -Way. a. The Recipient shall acquire the project right -of -way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right -of -way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right -of -way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right -of -way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right -of -way. b. If the project right -of -way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right -of -way to the Department. 7. Letting the Project. a. The project plans, specifications, and project cost estimate (PS &E) shall be prepared and certified by a Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS &E, specifications developed by the Recipient for individual construction items shall be approved by the Department. c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS &E to the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids. e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the performance bond, and two copies of the certificate of insurance. 8. Construction. a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. b. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the procedures outlined in I.M. 3.810, Federal -aid Construction by Local Agency Forces. c. The Recipient shall comply with the procedures and responsibilities for materials testing according to Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal policy. The Recipient should use the Department's Construction Manual as a guide for conducting other construction inspection activities. Exhibit 1 Page 4 9. Payments. a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been paid in full and completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close -out. a. Upon completion of the project, a Professional. Engineer licensed in the State of Iowa shall certify in writing to the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 17 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5410 RESOLUTION NO. 10 -467 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT [STP -U -3715 (637) - - 70 -52]. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the design and construction of the Lower Muscatine Road Reconstruction Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above - mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 26th day of nrtobpr 120 10 . MAYOR Approved by ATTEST: CITY RK City Attorney's Office ro It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion x Dickens g Hayek g Mims x Wilburn Wright Pweng /res/LwrMuscReconst -I DOTfund ing. doc 10/10 November 2008 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Program Project Recipient: City of Iowa City Project No.: STP -U- 3715(637)- -70 -52 Iowa DOT Agreement No.: 6- 09- STPU -21 This is an agreement between the city of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), Public Law 109 -59, as amended by the SAFETEA -LU Technical Corrections Act, Public Law 110 -244, reestablished the Surface Transportation Program (STP), now codified at Section 133(b) of Title 23, United States Code (U.S.C.). This program makes Federal funds available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Funding for highways is limited to Federal -aid highways, except that up to 15 percent of a State's sub - allocation of STP funds for areas with less than 5,000 population may be used for projects on rural minor collectors. Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following described STP project: PCC Grade and Replace - On Lower Muscatine Road from Kirkwood Avenue to 1 st Avenue, including the intersection modifications at Sycamore Street, Mall Drive and 1st Avenue. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right -of -way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. If the project described in Section 3. drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 7. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. STP Project Agreement Page 2 8. 1 It is the intent of both parties that no third party beneficiaries be created by this agreement. 9. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 10. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block (City Projects Only) $Y� Date October 26 , 20 10 Mayor Title of city official I, 7 Marian K. Karr certify that I am the City Clerk of Iowa City, and that Matthew J. Hayek who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 96t-h day of October 20 10 Signed Date. October 26 , 2010 City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division sY Date d Neltir�i2y 20./0 Kent L. Ellis, P.E. Local Systems Engineer District 6 November 2008 ' EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non - primary Highways 1. General Requirements. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on -line at: http: / /www.iowadot.gov /local_systems/ publications /im /lpa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi- use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes.to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan. or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph The Office of Management and Budget (OMB) Circular A -133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A -133. CFDA #20.205 and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, Exhibit 1 Page 2 includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In -House Services. If Federal funding is requested for in -house services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal -aid Participation in In -House Services. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in -house services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant, Costs. b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right -of- way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical /cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. If farmland is to be acquired, whether for use as project right -of -way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and. all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. Exhibit 1 Page 3 6. Right -of -Way. a. The Recipient shall acquire the project right -of -way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right -of -way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right -of -way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right -of -way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right -of -way. b. If the project right -of -way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right -of -way to the Department. 7. Letting the Project. a. The project plans, specifications, and project cost estimate (PS &E) shall be prepared and certified by a Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS &E, specifications developed by the Recipient for individual construction items shall be approved by the Department. c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS &E to the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requiremehts of the Iowa Code section 26.12. d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids. e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the performance bond, and two copies of the certificate of insurance. 8. Construction. a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. b. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the procedures outlined in I.M. 3.810, Federal -aid Construction by Local Agency Forces. c. The Recipient shall comply with the procedures and responsibilities for materials testing according to Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal policy. The Recipient should use the Department's Construction Manual as a guide for conducting other construction inspection activities. Exhibit 1 Page 4 9. Payments. a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been paid in full and completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within _60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close -out. a.. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. r� 10-26-10 18 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5410 RESOLUTION NO. 10 -468 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City desires to construct the Lower Muscatine Road Reconstruction Project ( "Project ") which includes the installation of new pavement, intersection signalization at Sycamore Street, sanitary sewer repairs, storm sewer, water main and sidewalk; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit- claim deed, and /or easement for the construction of the Lower Muscatine Road Reconstruction Project ( "Project ") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and /or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 26th day of October 20 to _t�rI MAYOR Approved by ATTEST: - a CITY ERK ty Attorney's Office 10 l ap�jo Resolution No. 10 -468 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x X X x x x pwenglreslaquireprop -LwrM uscReconst. doc Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO IMPROVEMENTS PROJECT. WHEREAS, Tricon General Construction of Dubuque, Iowa has submitted the lowest responsible bid of $1,192,089.00 for construction of the above -named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Tricon General Construction, 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. 3. The Parks & Recreation Director is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this day of , 20 MAYOR Approved by ATTEST: _J w5vd CITY CLERK City Attorney's Office 10 al !D It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng /res /awrdcon- truebloodPhasel 1. doc � 7 NOTICE TO BIDDERS TERRY TRUEBLOOD RECREATION AREA — PHASE 2IMPROVEMENTS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 215 day of October, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 26th day of October, 2010, or at special meeting called for that purpose. The Project will involve the following: Base Bid: Construction of the park improvements to include, but not limited to, site demolition, grading, erosion control, utilities, drives, parking, boat ramp, trails, marina building with restrooms, park shelter, prairie seeding, surface restoration, and associated work. Add Alternate No. 1: The additional cost for installing rubber composite shingles for the marina building and open park shelter and associated work. Add Alternate No. 2: The additional cost for the construction of a bio- retention cell and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Snyder & Associates, Inc., of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: November 1, 2010 Specified Completion Date: October 31, 2011 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 Snyder & Associates, Inc., Cedar Rapids, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. 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. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK M Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATI AREA PHASE IMPROVEMENTS PROJECT. WHEREAS, of ha submitted the lowest responsible bid o for construction of the above -named roject. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNC OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to subject to t condition that awardee secure adequate performance an ayment bond, insurance ce ificates,•and contract compliance program statements. 2. The Mayor is hereby authorize to sign and the ty Clerk to attest the contract for construction of the above -named oject, subject t the condition that awardee secure adequate performance and payment b nd, insuranc certificates, and contract compliance program statements. 3. The Parks & Recreation Director is authon d o execute change orders as they may become necessary in the construction of the ab ve -named project. Passed and approved this day of 20 �AYOR Approv d by ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pweng /res /awrdcon- trueblood Phase I I.doc City Attorneys Office and seconded by NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be ao RESOLUTION NO. 10 -469 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Ronald D. Logsden has filed four workers' compensation petitions with the Iowa Workers' Compensation Commissioner, as well as a complaint alleging violations of the American Disability Discrimination Act ( "ADA ") in the Southern District of Iowa in Case No. 3:09 -CV- 00108, against the City of Iowa City involving alleged at work injuries and alleged failures to abide by the ADA; and WHEREAS, all parties in this matter have arrived at a proposed mediated settlement agreement and wish to resolve these claims without further administrative action and /or litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Mr. Ronald D. Logsden in an amount not to exceed $250,000, based on the proposed mediated settlement contingencies, in full satisfaction of any and all claims which the claimant and /or parties may have against the City in the above matters, in consideration of the claimant's full release, closure and dismissal of all claims. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: All workers' compensation claims and Southern District of Iowa Court case No. 3:09 -CV- 00108 against the City of Iowa City as filed by Ronald D. Logsden should be and is hereby approved for settlement, per the terms of the proposed mediated settlement agreement, and said settlement, as previously discussed in executive session on October 25, 2010, is hereby ratified for a sum not to exceed $250,000 per the contingencies and terms outlined in the proposed mediated settlement agreement, payable to Ronald D. Logsden and his attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, per the contingencies and terms outlined in mediation and contingent upon execution of appropriate releases, dismissals and file closures from all workers' compensation claims and dismissal of Southern District of Iowa Court case No. No. 3:09 -CV- 00108, with prejudice. Passed and approved this 26th day of October , 2010. MAYOR 0 ATTEST: CITY RK it Attorn s O fi e __ 16��1a Resolution No. 10-469 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS:' ABSENT: x Bailey x Champion Dickens X Hayek Mims Wilburn x_ Wright wpdata/glossary/resolution - ic.doc