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Home My WebLink About2010-11-16 ResolutionM~ 4c g Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 1 cl- ~ Z.0 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Clarion Highlander Hotel & Conference Center - 2525 N. Dodge Street Passed and approved this 16th day of Novemh~ , 20 l o ~~- MAYOR Approved by v ~ // ~ 1 ATTEST: C • q ~!~ '~c~ ~~i~-M, ~.~t`'~~ -rbj! c" CIT CLERK City Attorney's Office ~ ~~N~,c, It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Dickens ~_ Hayek ~_ Mims x Wilburn ~_ Wright ~ 4d i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-471 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 221 HUNTINGTON DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage executed by the owner of the property on November 19, 2009, and recorded on November 24, 2009, in Book 4531, Page 580 through Page 585 in the Johnson County Recorder's Office covering the following described real estate: Unit 3-A, Stonehenge Condominiums, Iowa City, Iowa, according #o the Declaration thereof recorded in Book 3976, page 829, Records of the Johnson County Recorder. 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 City, Iowa. Resolution No. 10-471 Page 2 Passed and approved this 16th day of Novemb ,- _~ 201D-_ ~~~ MAYOR ATTEST: /~"~ljitctde~ ~ - 7~~/ CITY ERK Approved by City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~ Champion ~ Dickens x Hayek X Mims g 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 Citv, 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 52 470, and was executed by James H. P. Hobart, (herein the Owners), dated November 19. 2009, recorded November 24. 2009, in Book 4531, Page 580 through Page 585, Johnson County Recorder's Office, covering the following described real property: Unit 3-A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3976, page 829, Records of the Johnson County Recorder. WHEREAS, the Financial Institution has loaned the sum of $ 122,430.00 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: 1. 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 1 ~ day of l~19~E.,ttiGi~- , 20 CITY OF IOWA CITY By ~ Mayor FINANCIAL INSTITUTION By `1~ T~ ~"I~ Amy Henderson/Vice President Attest: _/"/71~~u~s~ 7C `7~1~1/ City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of NpV~M+4E2 , 20 !o ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ma?t-le ~ ~` ~-1~-e1C. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /t, - ~ ? ~ passed (the Resolu ion adopted) by the City Council, under Roll Call No. of the City Council on the /~ ~ day of ~lo~~Ms~ , 20 !~ ,and that I~Rc't.'ti-hew ~ ~-aa.i tL and ~~1arian K. Karr acknowledged the execution of the instrument to be their vol ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~R"~~m SGNDRAE FORT z Y Commission Number 159791 SeT1t~~ ~~ My Commission Expires iowi, 3 ~ ae~a Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 22nd day of October , 20 10 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Amy xendexso:n to me personally known, who being by me duly sworn, did say that he/she is the vice President pf Univ of IA Comm Cr union ,that said instrument was signed on behalf of said corporation ~ by authority of its Board of Directors; and that said Amy Henderson acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. ;i ~, ~; Notary Public in and for the State of Iowa o.~`~'~~s CONNIE J. WELK Commission Number 720951 ' My Commission Expires ~ - ~~ ow ; :c -_ < - z My Commission expires: -`` ~ y ~~--~ ~na~ as i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. ~ n-~:~~ 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 1855 RICHMOND LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage executed by the owner of the property on March 2, 2010, and recorded on March 5, 2010, in Book 4562, Page 859 through Page 864 in the Johnson County Recorder's Office covering the following described real estate: Lot 82, Village Green -Part XXIII, Iowa City, Iowa according to the plat thereof recorded in Book 50, Page 176, 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 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 City, Iowa. Passed and approved this 16th day of November , 20 10 1~ ~,~ MAYOR Resolution No. 10-472 Page 2 ATTEST: CIT RK roved by ~ , : 4 ~ ~ (' ~ ~ --(~~ City Attorney's Office It was moved by champion .and seconded by wi~bt~ r~ _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x Champion ~- Dickens -~-- Hayek x X Mims --~-- Wilburn -~- Wright x 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 Forgivable Mortgage which at this time is in the amount of 51 000, and was executed by Maria F. Schroeder, (herein the Owners), dated March 2, 2010, recorded March 5, 2010, in Book 4562, Page 859 through Page 864, Johnson County Recorder's Office, covering the following described real property: Lot 82, ~/illage Green -Part XXIII, Iowa City, Iowa according to the plat thereof recorded in Book 50, Page 176, Plat records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 119,000.00 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: 1. 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 tt~e 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. 'f"~ , 20 /o Dated this L- day of N o~~n~E.rL- CITY OF IOWA CITY gy _~~ Mayor FINANCIAL INSTITUTION Donald R We11s~First Vice President Attest: City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) '~~ , 20 io_, before me, the undersigned, a Notary On this ~ day of ~lov;^nn3~ Public in and for the State of Iowa, personally appeared Ma~+4,.ew ~'• ~~,~K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /D- 47,E passed (the Resolution adopted) by the City Council, under Roll Call _ , 20 io and No. ---.---- of the City Council on the !6'~`r day of _ Ne~r~rgc.~ _ and Marian K. !~:arr acknowledged the execution of the that Y1rla-t!' hq,~__~i . ~F .~ instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~~"~s SONDRAE FORT a° ~ Commission Number 159791 ,S ~~ ~~ My Commission Expires iowA ~o~~ Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 26th day of October , 2010 ,before me; the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R wells to me personally known, who being by me duly sworn, did say that he/she is the First Vice President of Univ of IA Comm Cr Union ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and fort State of Iowa c ~~r CONNIE J. wELK ~~ ~ ~ l zJ Commission Number 720951 My Commission expires: 2 r - My Commission Expires ow -/~-/L 'I "1-`I b-7 U M ~~ 4~ 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-473 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 1073 WALKER CIRCLE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage executed by the owner of the property on February 19, 2010, and recorded on March 1, 2010, in Book 4560, Page 650 through Page 655 in the Johnson County Recorder's Office covering the following described real estate: Unit 1073, Peninsula Neighborhood, Lot 36 Condominiums, according to the Declaration of Submission of Property to Horizontal Property Regime pursuant to Chapter 4996 of the Code of Iowa, recorded December 18, 2009 in Book 4540, Page 99, Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements. Said Peninsula Neighborhood, Lot 36 Condominiums are located on Lot 36, Peninsula Neighborhood, Second Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 186, 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 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 fovea City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 10-473 Page 2 Passed and approved this 16th day of November , 20 to MAYOR - Approved by ~~~~~~`~ fir` 4/ -/c ATTEST: CITY ' ERK City Attorney's Office It was moved by ('hamn~on and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~- Champion x Dickens g Hayek x Mims ~_ Wilburn ~_ 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 Forgivable Mortgage which at this time is in the amount of 54 000, and was executed by Shannon O. Toomey, (herein the Owners), dated February 19, 2010, recorded March 1, 2010, in Book 4560, Page 650 through Page 655, Johnson County Recorder's Office, covering the following described real property: Unit '1073, Peninsula Neighborhood, Lot 36 Condominiums, according to the Declaration of Submission of Property to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded December 18, 2009 in Book 4540, Page 99, Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements. Said Peninsula Neighborhood, Lot 36 Condominiums are located on Lot 36, Peninsula Neighborhood, Second Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 186, Plat records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 126,000.00 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. E3inding 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 lL,~day of ad~¢nwr~~.2 , 20 /o CITY OF IOWA CITY Mayor FINANCIAL INSTITUTION B _ ~ SZ-«..~- Donald RWells/First Vice President Attest: __ ~Gt.f City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this I (o , ~ day of Nv~7~gr~' rz , 20 ~ O ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared /Ylcc_.-ti-~.~~ J 1-1-ce.,~.,~.1{ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. _ ~ D -~ ~3 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the _ b"r'r_ day of ~QayEMAEr~. , 20 is ,and that Ma.~t-4t4ta rS ~,Qu and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~pigts SONDRAE FORT 2 ~ Commission Number 159791 1 My Commission Expires Spy~~ ~e~y Notary Public in ar~d for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 26th day of October_ __ , 2010 ,before me, the undersigned, a Notary Public in and for the State of Iowa, persona lly appeared Donald R Wells to me personally known, who being by me duly sworn, did say that he/she is the First Vice President Of Univ of IA Comm Cr Union _, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells 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 ublic in and for e State of Iowa o•~~~° CONNIE J. WELK 2 ~ Commission Number 720951 ~ (/ My Commission Expires My Commission expires:____~ ~~ 7` -~ Z'~ r; ~y~ .___--~-~~= Z Mkt 4d 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-474 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 726 KEOKUK 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 January 22, 2007, and recorded on January 25, 2007, in Book 4123, Page 895 through Page 900 in the Johnson County Recorder's Office covering the following described real estate: Lot 4, in Part One Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 277, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, MidWestOne Bank 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 MidWestOne Bank, secured by a proposed mortgage in order to induce MidWestOne Bank to secure first position on such a loan; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; 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 MidWestOne Bank, Iowa City, Iowa. Passed and approved this 16th day of November , 20 l0 ~~~ ~ MAYOR Approved by Resolution No. 10-474 Page 2 ATTEST: CITY RK ~~~~ 11'l-1c, City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~_ Champion x Dickens ~_ Hayek ~_ Mims x Wilburn X Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the o~rmer and holder of a certain Mortgage which at this time is in the amount of 17 632.86, and was executed by Gwen L. Elting, (herein the Owners), dated Janua 22, 2007, recorded January 25, 2007, in Book 4123, Page 895 through Page 900, Johnson County Recorder's Office, covering the following described real property: Lot 4, in Part One Plum Grove Acres Subdivision, lawa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 277, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $113,300 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. Subordir~,ation. The City hereby covenants and agrees with the Financial Institution that the above noted Morggaae 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. ~`~ , 20 ~ . Dated this /G day of /~ovF...n~~bi~- CITY OF IOWA CITY By eL `'~1 ,. Mayor -~ FINANCIAL INSTITUTION 13y ~ Attest: 7~ u~ ~ ~ ~~ City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /(~~ day of ~fl~~mBE2 , 20 ~ y, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~i1a.N- ~ S' N-cwr e tL and Marian K. Karr, to me personally known, and, who, being by me cluly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. i0-•~7 ~- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ~6~'` day of A~o~ ~nc3erz , 20 ~~ ,and that Nkc-ti-ta ~ J ~ ~'-~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. p'A~ SONDRAEFORT ~'~ o ~ s~ - ~ :; ~ Commission Number 159791 cJns+~^~.~- mv" My Commission Expires Notary Public in and for the State of Iowa sown 3 ~ a.o I LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 2-~ ~ day of UG~~='~J~~/ , 20 ~ ° , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~-GAT J -J~. =~r~:~ C~ to me personally known, who being by me duly sworn, did say that he/she is the ~/icy ~~~r Flo--~f of ~~~-f {~~~s~C~n~ ~~ ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~~'~~~t ~~ ~n~~~ acknowledged the execution of said instrument to be the voluntary act -~r7 and deed of said corporation, by it and by him/her voluntarily executed. ,~..-- . , RAC ANOREwi.oi_i_sacK No ary Public in and for the State of Iowa ~ tiP ` ~ o r Commission Number 757952 * ~ ,oWP My C mmis ion Expjles C~` a-~ 2oi G My Commission expires: ~`~'~~--(( ~c~~~ M~ 4d 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 RESOLUTION N0. 10-475 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 217 HUNTINGTON DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage executed by the owners of the property on November 19, 2009, and recorded on November 24, 2009, in Book 4531, Page 568 through Page 573 in the Johnson County Recorder's Office covering the following described real estate: Unit 2-A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3976, page 829, Records of the Johnson County Recorder. 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 City, Iowa. Resolution No. 10-475 Page 2 Passed and approved this 16th day of November ~ 20~_• l.~Ia~ ,~ ~°.~-r MAYOR J Approved by ATTEST: ~/ ~~ CITY CLERK it ~- ~~(U City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey X Champion x Dickens x Hayek ~ Mims ~_ 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 Forgivable Mortgage which at this time is in the amount of 52 470, and was executed by David and Heather Gibbons, (herein the Owners), dated November 19, 2009, recorded November 24, 2009, in Book 4531, Page 568 through Page 573, Johnson County Recorder's Office, covering the following described real property: Unit 2-A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3976, page 829, Records of the Johnson County Recorder. WHEREAS, the Financial Institution has loaned the sum of $ 116,330.00 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: 'i. 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 ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Forgivable Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. iJ Dated this J~_ day of /~OVaN~2 , 20 /O CITY OF IOWA CITY By ~a~~~ Mayor Attest: ~ ~ ~ ' ,~~ City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION Y Donald R Wells/First Vice President On this ~_ day of /Vv~En~aErZ. , 20 ic7 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Malt w ~: ~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /D-¢75 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /~~"~ day of l~ay~,$ErL , 20 iv ,and that ~-N~,.~,,~ ~'' f~cua,e,K. and Marian K. Karr acknowledged the execution of the instrument to be their volu ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~~~~ s SOi`lDRAE FORT i ~ Commission Number 159791 My Com fission Expires . iow 3 '~ dto S~,~. Fib Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 5th day of November , 20 10, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells to me personally known, who being by me duly sworn, did say that he/she is the First .Vice President of U of 1 Comm Credit Union ,that said instrument was signed on behalf of said corporation by authority of -its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. ~~-r~~~~~~~ ,~'u CONNIE J. WELK Notary Public in and for the` State of Iowa = ow ~~ Commission Number 720951 My Commission Expires ~~ -~`~ My Commission expires: ~~~~~~ L- M ~v 4d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-476 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1112 2ND AVENUE, IOWA CITY, IOWA. WHEREAS, on November 22, 2006, the owners executed a Mortgage and a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, on July 17, 2007 the owners executed another Mortgage; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 Liens for recordation, whereby the City does release the property located at 1112 2nd Avenue from a Mortgage recorded November 30, 2006, Book 4106, Page 554 through Page 559, and a Promissory Note recorded December 6, 2006, Book 4108, Page 93; and a Mortgage recorded July 26, 2007, Book 4195, Page 301 through Page 306 of the Johnson County Recorder's Office. Passed and approved this 16th day of November , 20 l0 `c''~ MAYOR ATTEST:, ~ 7~ . ~~ CITY LERK Approved by ~ r o- ~~~ -rc~ City Attorney's Office Resolution No. 10-476 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens x Hayek ~ Mims x Wilburn Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(s):Brian A. Morelli and Sara Katherine Kroh Morelli Mortgagee: City of Iowa City RELEASE OF L/ENS The City of Iowa City does hereby release the following property located at 1112 2nd Avenue, Iowa City, Iowa, and legally described as follows: Lot 7, excepting the south 10 feet thereof, in Block 8, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. from an obligation of the owners, Brian A. Morelli and Sara Katherine Kroh Morelli, to the City of Iowa City represented by a Mortgage recorded November 30, 2006, Book 4106, Page 554 through Page 559, and a Promissory Note recorded December 6, 2006, Book 4108, Page 93; and a Mortgage recorded July 26, 2007, Book 4195, Page 301 through Page 306 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. ~~~ MAYOR Approve ATTEST: Q ~ CITY ERK City Attorney's Office STATE OF IOWA 1 1 SS: JOHNSON COUNTY 1 T!F On this (6 day of I~o~F,an13Jk2 , 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 o~the corporation by authority of its City Council, as contained in Resolution No./~ adopted by the City Council on the ~~ day /1,)017EM E(~J2 _, 20 / O 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,~~Ars SONDRAE FORT _ ~ Commission Number 159791 Cn,,.r~wa~ ~, b My Co mission F~cpires iow 7 V ~ Notary Public in and for Johnson County, Iowa M~ 4d 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-477 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 1020 ROCHESTER AVENUE, IOWA CITY, IOWA. WHEREAS, on August 10, 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 Liens for recordation, whereby the City does release the property located at 1020 Rochester Avenue from a Mortgage recorded September 17, 2004, Book 3796, Page 46 through Page 50 of the Johnson County Recorder's Office. Passed and approved this 16th day of November , 20 l0 --~'(~ , MAYOR ATTEST: CIT LERK Appr ved by City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Dickens g 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): Margaret Chase Kinsey Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 1020 Rochester Avenue, Iowa City, Iowa, and legally described as follows: The south half of the east 50 feet of Lots 2 and 3, in Block 1, Rose Hill Addition to Iowa City, Iowa, according to the recorded plat thereof, except the east 5 feet thereof. This conveyance is made in fulfillment of a contract for the sale of the above described real estate executed by William O. Goettle and Charlotte R. Goettle, husband and wife, to Margaret M. Chase, unmarried, dated July 14, 1956, recorded June 30, 1958, in Book 234, page 359, Recorder's Records of Johnson County, Iowa. This deed is given subject to a first real estate mortgage to First Federal Savings and Loan Association of Iowa City, recorded June 16, 1961, in Book 125, page 479, Mortgage Records of Johnson County, Iowa. from an obligation of the owner, Margaret Chase Kinsey, to the City of Iowa City represented by a Mortgage recorded September 17, 2004, Book 3796, Page 46 through Page 50 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. MAYOR Approved by . ~~~ ~ r ~- r ~ ~ u ATTEST: ~ CITY tERK City Attorney's Office STATE OF IOWA 1 SS: JOHNSON COUNTY ) On this 16 '~ day of NO~lEN1BFzR , A.D. 20 l~ ,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 ~~ day I~oULMAF2 , 20_(Q_ 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 SONDRAE FORT S~p~ ~~ i ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires +ow 3 '- ao f 77-7ti-7U ~~ 4d 8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-478 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1634 WILSON STREET, IOWA CITY, IOWA. WHEREAS, on November 15, 2005, the owner executed a Promissory Note 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 the Promissory Note. 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 1634 Wilson Street, Iowa City, Iowa from a Promissory Note recorded April 21, 2006, Book 4014, Page 186 of the Johnson County Recorder's Office. Passed and approved this 16th day of November , 20 10 MAYO ~~' ATTEST: CIT LERK It was moved by Champion and seconded by Wilburn Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Approved by ~~~ / (- a ~~C. City Attorney's Office x Bailey ~_ Champion x Dickens g Hayek ~ Mims X Wilburn ~ Wright the 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): Lou Blankenburg Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1634 Wilson Street, Iowa City, Iowa, and legally described as follows: Lots 35 and 36 in Block 9, in Morningside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 71, Plat Records of Johnson County, Iowa. from an obligation of the owner, Lou Blankenburg, to the City of fovea City represented by a Promissory Note recorded April 21, 2006, Book 4014, Page 186 of the Johnson County Recorder's Office. Said Promissory Note states that the street address is 1634 Wilson Avenue, but that is a scrivener's error. The correct street address of the borrower is 1634 Wilson Street. 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. ATTEST: fit/ CI ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) _/~ ,~4 MAYO Ap roved b ~~~ f ~~<~ ~~c City Attorney's Office On this ~T~ day of A.~D•~~',1~.~SErt , A.D. 20 l D ,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 b~ialf of the corporation by authority of its City Council, as contained in Resolution No. ~^'~ adopted by the City Council on the ~_ day 1~V~~E'R=, 201Q_ 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~.dnou. ~e+fb ti~'q<s SONDRAE FORT Notary Public in and for Johnson County, Iowa z° ~ Commission Number 159791 My Co mission Expires ,oW ~ ao M+~. 4d 9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-4 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 1215 2ND AVENUE, IOWA CITY, IOWA. WHEREAS, on April 2, 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 Liens for recordation, whereby the City does release the property located at 1215 2nd Avenue from a Mortgage recorded April 2, 2004, Book 3714, Page 150 through Page 154 of the Johnson County Recorder's Office. Passed and approved this 16th day of November 20 10 ~1t MAYOR ATTEST: .J CIT LERK Approve by 1 ~'`~ L3-' 1 C _ ~ Qi City Attorney's Office It was moved by Champion and seconded by Wi lhtirn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens X Hayek ~ 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): Elyse D. Miller Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1215 2nd Avenue, Iowa City, Iowa, and legally described as follows: The south half of Lot 1 in Block 12, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson county, Iowa. Subject to easements and restrictions of record from an obligation of the owner, Elyse D. Miller, to the City of Iowa City represented by a Mortgage recorded April 2, 2004, Book 3714, Page 150 through Page 154 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: G2'~!~'~ty CITY -ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) ~ ~ MAYOR Appr ed b City Attorney's Office 7'~ On this ~_ day of NOUI+MflFiIL , A.D. 20 ! d ,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 be alf of the corporation by authority of its City Council, as contained in Resolution No. ta-4'T9'adopted by the City Council on the ~_ day ~lowC~,A~ , 20 L~ 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. ~]a,nd4-n~i `~~~ h~~a~s SG; dDRAE FORT Notary Public in and for Johnson County, Iowa z°O ~ Commission Number 159791 My Commission Expires UK~H ~ 'T ~O ~. M~$ 4d 10 Prepared by: Michael Moran, Recreation Superintendent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 10-480 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE ONE PROJECT WHEREAS, the Parks and Recreation Director has recommended that the work for the construction of the Terry Trueblood Recreation Area Phase One Project, as included in a contract between the City of Iowa City and Howery Construction of Rockwell City, Iowa dated September 15, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $362,935.39. 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 16th day of November , 2010 /2C~4-~. ~ \ / MAYOR Approved by ATTEST: ~d~~ ~ ~ • °~~ CIT ,LERK City Attorney's Office i~ ~9 ~i~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~- x x Bailey Champion Dickens x Hayek x Mims _~_ Wilburn x Wright ~ r 1 ~~ ~~~~~ -~.~.._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 8, 2010 City Clerk City of Iowa City, Iowa Re: Terry Trueblood Recreation Area Phase One Project Dear City Clerk: I hereby certify that the construction of the Terry Trueblood Recreation Area Phase One Project has been completed by Howery Construction of Rockwell City, Iowa in substantial accordance with the plans and specifications prepared by the Snyder and Associates of Ankeny, Iowa. The final contract price is $362,935.39. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, /~ v Ronald R. Knoche, P.E. City Engineer ~~ 4d 91 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 1 ~-4R1 RESOLUTION ACCEPTING THE WORK FOR THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Pavement Replacement for Water Main Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated May 19, 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 $68,835.23. 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 16th day of November , 20 l0 MAYOR APpro~-~ l A ~ ATTEST: ~i~.~ ~~~ C IT--/Y~C~RK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: ilburn ABSENT: x Bailey _~ Champion g Dickens x Hayek x Mims g Wilburn x Wright ce/ ~~- 5 /b the Resolution be Pweng/res/2010paverepl-acptwork.doc 11110 ~ r _...~.® ~ ~~~~~ ~ _~ -°~~ ,~®~•~ --~.rr._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 4, 2010 City Clerk City of Iowa City, Iowa Re: 2010 Pavement Replacement for Water Main Project Dear City Clerk: I hereby certify that the construction of the 2010 Pavement Replacement for Water Main Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff The final contract price is $68,835.23. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~~ ~' Ronald R. Knoche, P.E. City Engineer r ~~,~,;,®~~ CITY OF IOWA CITY ~.~~ - ~ u M RAN MO ME Date: November 4, 2010 To: City Council From: Kim Sandberg ~~ Re: Final Acceptance of Public Improvements The following are costs associated with the Ca~ital Improvement Projects being presented for acceptance at the November 16t Council meeting: 1) 2010 Pavement Replacement for Water Main Project Contractor: Feldman Concrete • Project Estimated Cost: $ 118,875.00 • Project Bid Received: $ 67,066.95 • Project Actual Cost: $ 68,835.23 2) 2010 Water Main Directional Boring Project Contractor. Gaylord Construction • Project Estimated Cost: $ 120,540.00 • Project Bid Received: $ 65,660.00 • Project Actual Cost: $ 56,007.75 3) Capitol Street Ramp Door and Window Replacement Project Contractor. Apex Construction Company • Project Estimated Cost: $ 54,000.00 • Project Bid Received: $ 86,000.00 • Project Actual Cost: $ 86,000.00 4) 404 Hazard Mitigation Property Acquisition Demolitions -Project #3 Contractor.• Kelly Demolition • Project Estimated Cost: $ 95,000.00 • Project Bid Received: $ 38,955.07 • Project Actual Cost: $ 83,115.04* *Five houses were on the original bid for demolition. An additional five houses were added to the contract by change order. 5) CDG Asbestos Abatement Project #2 -Showers Addition Contractor.' Advanced Environmental Testing & Abatement, Inc. • Project Estimated Cost: $ 95,000.00 • Project Bid Received: $ 15,150.00 • Project Actual Cost: $ 15,450.00 6) 404 Hazard Mitigation Property Acquisition Asbestos Abatement -Project #2 Contractor.' Advanced Environmental Testing & Abatement, Inc. • Project Estimated Cost: $ 70,000.00 • Project Bid Received: $ 48,350.00 • Project Actual Cost: $ 71,400.00'` *Seven houses were on the original bid for asbestos abatement. An additional ten houses were added to the contract by change order. cc: Rick Fosse Ron Knoche M Aa 4d 12 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. t0-482 RESOLUTION ACCEPTING THE WORK FOR THE 2010 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and Gaylord Construction, Inc. of Ft. Madison, Iowa, dated May 6, 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 $56,007.75. 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 t6th day of November , 20~_ MAYOR ATTEST: CIT LERK Approved by ~~ /,~ C _ _ -'f City A~ ey' ffi 1~ ~ -l4 It was moved by C:haml ; ~„ and seconded by ~; i h,,,-„ 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/2010wtrmn dirboring-acphvork.doc 11/10 i r ~_..®~,~ rrr~•~~ -~.~.._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 4, 2010 City Clerk City of Iowa City, Iowa Re: 2010 Water Main Directional Boring Project Dear City Clerk: I hereby certify that the construction of the 2010 Water Main Directional Boring Project has been completed by Gaylord Construction, Inc. of Fort Madison, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff The final contract price is $56,007.75. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, i~2 ~--- Ronald R. Knoche, P.E. City Engineer 11-16-10 ,~.~ 4d 13 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-483 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RAMP DOOR AND WINDOW REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Capitol Street Ramp Door and Window Replacement Project, as included in a contract between the City of Iowa City and Apex Construction Company of Iowa City, Iowa, dated November 23, 2008, 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 $86,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of November , 20 to 1~~~ MAYOR Approved by ~~~ ATTEST: J . _ ~~~~u+'~ CIT ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x X -~_ X ~- NAYS: ity Attorney's Offic~' f~as^~~ Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek x Mims Wilburn Wright Pwenglres/capstrieplacement-acptwork.doc 11/10 -~ ~ r ~rlr®~~ '"M'w'~~ -~c.a~._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 ENGINEER'S REPORT (319) 356-5009 FAX www.icgov.org November 3, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Capitol Street Ramp Door and Window Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that Apex Construction, Inc., of Iowa City, Iowa has completed the construction of the Capitol Street Ramp Door and Window Replacement Project in substantial accordance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa. The required performance and payment bond is on file in the Engineering Division. The final contract price is $86,000.00 recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer S:\ENG\ARCHITECTURE FILE1Projects\Capitol Streal Ramp Door and Window replacment\Engineer's Report_Capitol Street Door and Window Replacement Project.doc M~~ 4d 14 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-484 RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS -PROJECT #3 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Demolitions -Project #3, as included in the contract between the City of Iowa City and Kelly Demolition of Mt. Vernon, Iowa, dated February 4, 2010, be accepted; and WHEREAS, the Engineer's report and the performance and payment bond has been filed in the City Engineer's office; and WHEREAS, the final contract price is $83,115.04. 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 16th day of November , 20 10 /~~.~ MAYOR l Ap Ed-by~ ATTEST: I2Lt~~ ~ " CIT ERK ityAt~ y's O e ~~ ~_ ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~~ Champion ~ Dickens ~~ Hayek ~ Mims ~ Wilburn ~t , Wright pweng/res/404hazm itproj3-acptwork.doc r ,, ,~..®~,~ ~III~ ~ ,~ ,~~~•~ -~..~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 5, 2010 City Clerk City of Iowa City, Iowa Re: 404 Hazard Mitigation Property Acquisition Demolitions -Project #3 Dear City Clerk: I hereby certify that the 404 Hazard Mitigation Property Acquisition Demolitions - Project #3 has been completed by Kelly Demolition of Mt. Vernon, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $83,115.04 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer ~u~~. - - 4d 15 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-485 RESOLUTION ACCEPTING THE WORK FOR THE CDG ASBESTOS ABATEMENT #2 - SHOWERS ADDITION WHEREAS, the Engineering Division has recommended that the work for construction of the CDG Asbestos Abatement #2 -Showers Addition, as included in the contract between the City of Iowa City and Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa, dated April 14, 2010, be accepted; and WHEREAS, the Engineer's report and the performance and payment bond has been filed in the City Engineer's office; and WHEREAS, the final contract price is $15,450.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of November , 20~_. MAYOR Approved b~--~ /~ °`• ~" ~ ,~ ATTEST: "` ' CIT ERK CityAttor ey~.Office /1-~=~a It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion g Dickens g Hayek ~ Mims ~_ Wilburn ~ Wright pweng/res/cdg asbestos2-acptwork.doc = \ ^+ ~ r ~~~i~ ~ ,~w~.~ -n.r._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 5, 2010 City Clerk City of Iowa City, Iowa Re: CDG Asbestos Abatement #2 -Showers Addition Dear City Clerk: I hereby certify that the CDG Asbestos Abatement #2 -Showers Addition has been completed by Advanced Environmental Testing & Abatement of Waterloo, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $15,450.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~ Ronald Kno e, P.E. City Engineer ~`~'~~~~ 4d 16 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-486 RESOLUTION ACCEPTING THE WORK FOR .THE 404 HAZARD MITIGATION PROPERTY ACQUISITION ASBESTOS ABATEMENT -PROJECT #2 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Asbestos Abatement -Project #2, as included in the contract between the City of Iowa City and Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa, dated November 23, 2009, be accepted; and WHEREAS, the Engineer's report and the performance and payment bond has been filed in the City Engineer's office; and WHEREAS, the final contract price is $71,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of November , 20 10 ~~1v~Z~~ MAYOR ~~ '- A ro lay; ATTEST: ~, ~A~~ ~ ~ - CIT-J~/`t~~'~RK ity Attor y's O ~ee //-6 `O It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: -~-- -~-- pweng/res1404hazmitproj2-acptwork. doc NAYS: ABSENT: Bailey Champion Dickens Hayek ~ Mims Wilburn Wright ~ r ~~~~~ ~ ,~®~•~ -~c.~t._ C[TY OF IOWA CITY 410 East Washingron Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 5, 2010 City Clerk City of Iowa City, Iowa Re: 404 Hazard Mitigation Property Acquisition Asbestos Abatement -Project #2 Dear City Clerk: hereby certify that the 404 Hazard Mitigation Property Acquisition Asbestos Abatement -Project #2 has been completed by Advanced Environmental Testing & Abatement, Inc. of Waterloo, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $71,400.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer 'u"~ as ~ ~ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 10-487 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR KENNEDY'S WATERFRONT ADDITION -PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Kennedy's Waterfront Addition - Part Five, as constructed by Carter and Associates, Inc. of Coralville, Iowa. Paving improvements for Kennedy's Waterfront Addition -Part Five, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 16th day of November ATTEST: ~!I~~~~ ~ • ~~F~ CITY ERK It was moved by Champion and seconded by and upon roll call there were: AYES: NAYS: ABSENT: 2010. 1.~- MAYOR ~ /1 ity Attorne s Office `-~ //- ~ -/~~ ~ the Resolution be adopted, g Bailey ~_ Champion ~_ Dickents ~_ Hayek x Mims ~_ Wilburn X Wright pwenglres/accept-kennedypart5.doc F ~ r j _~_ ~ ~_,..®~ ~.~-- -~.a~._ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT November 4, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Kennedy's Waterfront Addition -Part Five Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Kennedy's Waterfront Addition -Part Five has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Carter and Associates, Inc. of Coralville, Iowa, and for paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/I t rs/en g rpt-k en nedypt5.d oc ~~ .t -~i n-~i u ~,,.~~~ 4d 18 ~_ , Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 1 ~-4RR RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR SOUTH GILBERT STREET BUS FACILITY (AUDITOR'S PARCEL N0.2007065). 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: Storm sewer improvements for South Gilbert Street Bus Facility (Auditor's Parcel No 2007065), as constructed by Carter and Associates, Inc. of Coralville, Iowa. WHEREAS, the maintenance bond has been filed in the City Engineer's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said storm sewer improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of November , 20~~. ~-~°~~ MAYOR ATTEST: ~~y~,r~iX~ ~5 - ~ CIT LERK Approved by ~~ ~ City Attorney's Office ~ I ~ ~ ~ ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~ Champion X Dickens _~ Hayek ~ Mims ~ Wilburn ~ Wright pweng/res/sg i I bertbusfaci I ity-acptwork.doc r; .,, t ' r 1 ..,- ~nl,~~ ~ ~..4,r wW as r ~ i ~.a~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 82 6 (319) 356-5000 (319) 356-5009 FAX www. icgov.org ENGINEER'S REPORT November 4, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: South Gilbert Street Bus Facility (Auditor's Parcel No. 2007065) Dear Honorable Mayor and Councilpersons: I hereby certify that construction of the storm sewer public improvements for South Gilbert Street Bus Facility (Auditor's Parcel No. 2007065) has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's office for said storm sewer improvements constructed by Carter and Associates, Inc. of Coralville, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pwen g\I ettersl5 g i l bertbu sfaci I i ty. d oc ,~ 4d 19) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-489 RESOLUTION CANCELLING THE PUBLIC HEARING ON NOVEMBER 16, 2010 ON THE CONVEYANCE OF 416 DOUGLASS COURT AND RESCINDING RESOLUTION NO. 10-444. 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, 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; WHEREAS, in Resolution No. 10-444, Council set a public hearing on the proposed conveyance; and WHEREAS, the tentative buyers have withdrawn their offer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The public hearing set for November 16, 2010 on the proposal to convey 416 Douglass Court, Iowa City, Iowa is cancelled. 2. Resolution No. 10-444 is rescinded. Passed and approved this 16th day of November , 2010. ~~ MAYOR ATTEST: CITY ERK Ap roved by ~ 11- ~ -~ ~ City Attorney's Office Resolution No. 10-489 Page 2 It was moved by champion and seconded by Wi 1 hiirn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: .~_ x x X Bailey Champion Dickens Hayek x Mims Wilburn Wright wpdata/glossary/resolution-ic, doc ~~ - - 0 y d C~zo~ Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 10-490 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT O, WINDSOR RIDGE- PART THIRTEEN, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, pursuant to the Subdivider's Agreement for Windsor Ridge- Part Thirteen, recorded January 4, 2000 at Book 2886, Page 263, Owner Arlington Development, Inc. agreed to dedicate Outlot O upon the completion of certain public improvements and the completion of construction on 90% of the units on Lot 256 of the Subdivision; and WHEREAS, Staff finds that these contingencies have been satisfied; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and to record the same at Owner's expense. Passed and approved this 16th day of November , 2010. ATTEST: CIT ERK MAYOR Approved by ~~e~ City Attorney's Office l~~°/~10 Resolution No. 10-490 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: ~.- x x x X ~- NAYS: Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek x Mims Wilburn Wright wpdatalglossary/resolution-ic.doc M fiq _ 0 d CaI) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 10-491 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A STORM WATER DRAINAGE EASEMENT AGREEMENT FOR MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, upon completing the development of Mount Prospect Addition, Part IX, it was determined that an additional storm water drainage swale was necessary; and WHEREAS, in order to provide for the proper maintenance and use of such drainageway, the owner, The Housing Fellowship, has agreed to dedicate to the City a storm water drainage easement; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter in to an easement agreement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . Acceptance of the above-referenced easement is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a storm water drainage easement agreement, and to record the same at Owner's expense. Passed and approved this 16th day of November , 2010. ~~~`- ~~~ MAYOR- Approved by ATTEST:~~ ~~J / ~ 4~=E~~ IT ERK City Attorney s Office ~~ °l~lc~ Resolution No. 10-491 Page 2 It was moved by Chamuion and seconded by Wi 1 hiirn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek ~ Mims _~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc d~-rec~ ~O ~~~ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. A RESOLUTION DETERMINING THE TOWNCREST URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF SLUM AND BLIGHT AND TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND .ADOPTING THE TOWNCREST URBAN RENEWAL PLAN THEREFOR. WHEREAS, the Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal are under Iowa law; and WHEREAS, a proposed Towncrest Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Plan includes and consists of: Lots 1-4, Block 5; Block 6; Lots 1-4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights-of--way, East Iowa City Subdivision, Iowa City, Iowa, according to the plat thereof; and Lots 5-19, Block 1; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of all adjacent rights-of--way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights-of--way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or- way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right-of--way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. ,~ -1- WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Towncrest Urban Renewal Plan;" and WHEREAS, the Iowa statutes require the City Council to submit the proposed Towncrest Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation of the Towncrest Urban Renewal Plan Area and adoption of the Towncrest Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by the reference; and WHEREAS, by a resolution adopted on October 11, 2010, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Towncrest Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Towncrest Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City council and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Towncrest Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided bylaw, by timely publication in the Press Citizen, which notice set for the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL, OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Towncrest Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Towncrest Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds that the Towncrest Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and. -2- Section 3. That the Towncrest Urban Renewal Plan Area, is both a slum and blight and economic development area within the meaning of Iowa Code Chapter 403; that such areas are eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Towncrest Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Towncrest Urban Renewal Plan for the Towncrest Urban Renewal Plan Area"; the Towncrest Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Towncrest Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Towncrest Urban Renewal Plan for the Towncrest Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Towncrest Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Towncrest Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this day of , 2010. Mayor ATTEST: City Clerk -3- ~Kk~6~~- ft Towncrest Urban Renewal Plan 2010 Table of Contents Section 1 -Introduction Section 2 -District Designation Section 3 -Base Value Section 4 -Urban Renewal Plan Objectives Section 5 -Description of Urban Renewal Area Section 6 -Proposed Urban Renewal Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Use Policy and Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Amendments Section 12 -Property Acquisition/Disposition Section 13 -Effective Period Addendum No. 1 -Legal Description Addendum No. 2 - Towncrest Urban Renewal Project Area Map 2 Section 1- Introduction This Urban Renewal Plan has been developed to help local officials reduce slum and blighted areas and promote economic development within Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in the revitalization of the Towncrest Urban Renewal Project Area for commercial and residential uses. The goals outlined in this Towncrest Urban Renewal Plan include the following, which include goals detailed in the Iowa City Comprehensive Plan - 1997, as amended: ^ Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; ^ Increase employment opportunities consistent with the available labor force; ^ Provide and protect areas suitable for future commercial development; ^ Cooperate with local and regional organizations to promote economic development within Iowa City; ^ Improve the environmental and economic health of the community through the efficient use of resources; ^ Consider financial incentives and programs to facilitate achieving the above goals; ^ Focus commercial development in defined commercial center, including small scale neighborhood commercial centers; and ^ Foster strong community neighborhoods with a mix of housing, churches, schools recreation facilities, commercial areas, and historic landmarks. In order to make development sites attractive to new and expanding businesses, communities are frequently called upon to provide financial incentives and programs. Other development sites in the metro area, which already cater to commercial and office uses, make tax increment financing available to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial and office zoned land in order to provide competitive development sites for these uses. The City has identified portions of the Towncrest Urban Renewal Project Area to be slum or blighted areas, as defined by Iowa Code 403.17(2009). It is in the interest of its citizens to provide financial incentives and programs in order to encourage revitalization of such areas. Therefore, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Towncrest Urban Renewal Project Area, referred to hereinafter as the "Urban Renewal Project Area" or "Area". In addition, the City may make available the use of tax increment financing to provide direct grants, loans or rebates for qualifying commercial or residential developments that help achieve the goals and objectives set forth herein. 3 To gain public input for the Plan, City staff began meeting with community stakeholders in October of 2008 and continued through September of 2010 and discovered that existing conditions were less than ideal. The planning process began with abroad-based community meeting where staff listened to the concerns of residents, businesses, and the non-profit community. Early on, stakeholders noted the following needs: • To retain local businesses, with special attention to medical services that have been a part of the Urban Renewal Project Area's historic character; • To firmly establish a neighborhood identity; • To encourage a more diverse mix of businesses; • To address the deterioration of commercial and residential rental properties; • To improve streetscapes and traffic circulation; and • To create new green spaces. Once the community expressed the broader themes for redevelopment, City staff met with individual businesses and organizations located within the Urban Renewal Project Area. These interviews provided staff with the suggestions necessary to frame a more detailed plan for the Urban Renewal Project Area. After these meetings it was decided that any plan developed by the city should: • Be developed in phases and implemented over time; • Encourage mixed-use commerciaUresidential development; • Adopt architectural and landscape standards to assure quality development; • Seek to improve traffic circulation for vehicles and pedestrians alike; • Provide better access and visibility from Muscatine and First Avenues; • Create a central green space for community gatherings and to open views to Muscatine Avenue; • Provide a central parking facility for employee and long term parking in order to create a more pedestrian oriented streetscape, while providing angled store-front parking for customers and patients; • Consider a zoning change to allow adjacent properties to convert to townhomes over time. • Redevelop decaying commercial and residential rental properties located within the Urban Renewal Project Area To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. Section 2- District Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum and blighted area, as well as an economic development district that is appropriate for residential, office and commercial development. Section 3- Base Value 4 If the Towncrest Urban Renewal Area is legally established and debt is certified prior to December 1, 2010, the taxable valuation within the district as of January 1, 2009, will be considered the "base valuation". If the debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. Section 4- Urban Renewal Plan Objectives The overall goal of this Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for retail, office, housing, and other commercial or residential uses. The following objectives, based on community and stakeholder input, have been established for the proposed Urban Renewal Project Area: ^ To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; ^ To reverse the deterioration of commercial and residential properties within the Urban Renewal Project Area. ^ To encourage the revitalization of commercial and residential activity in the Urban Renewal Project Area, in particular the revitalization of medical-related offices, office, retail, restaurants, housing, and business and personal service establishments; ^ To provide for the orderly physical and economic growth of the City; ^ To make public improvements as deemed necessary by the City to support commercial and residential activity within the Urban Renewal Project Area; ^ To provide financial incentives and assistance to qualifying projects and businesses as necessary. Section 5- Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 -Legal Description. The location and general boundaries of the Towncrest Urban Renewal Plan Area are shown on Addendum No. 2 -Location Map: Towncrest Urban Renewal Project Area. Section 6- Proposed Urban Renewal Activities To meet the objectives of this Plan and to encourage the development of the Area, the City intends to utilize the powers conferred upon it pursuant to Iowa Code Chapters 15A and 403 (2009) and to make available financial incentives, including but not limited to, tax increment financing for the following activities: 1. Undertake and carry out urban renewal projects though the execution of contracts and other instruments. 5 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. Make loans, forgivable loans, grants, or rebates to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City Council, in its sole discretion. 4. Provide for the installation of infrastructure and roadway improvements. 5. Use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City. 6. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. Section 7- Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. Private Site Improvements Private site improvements may include, but are not limited to, demolition of existing buildings and site preparation; design and construction of buildings; grading for building construction and amenities; paving and parking; landscaping; and installation of on-site utilities. Private site improvements will be required to follow the design guidelines set forth in the Towncrest Design Plan, created by the City's landscape architecture consultant RDG Planning and Design. Tax increment financing may be granted to qualifying entities to finance these private site improvements, at City Council's discretion. Any development projects receiving tax increment financing or other public funding assistance will be subject to review by the Staff Design Review Committee. Design review approval will be based on compliance with the design guidelines noted above. In addition, the City Council may designate Towncrest a "Design Review District," whereby all improvements to buildings or property within the district would be subject to Design Review according to the aforementioned design guidelines. Public Infrastructure Improvements 6 Public infrastructure improvements may include, but are not limited to, storm water management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space and streetscape improvements. Tax increment financing may be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. Financial Incentives At the City Council's discretion and as permitted by Iowa Code Section 403.19 (2009), tax increment financing may be available for providing direct grants, loans or property tax rebates for qualifying projects and businesses in the Urban Renewal Area. Tax increment financing may be used for, but is not limited to, financing the .private site improvements and public infrastructure improvements listed above. Qualifying projects and businesses shall be determined by the City Council on a case by case basis. Section 8- Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is located within the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Project Area as appropriate for general commercial and residential uses. Current and Proposed Zoning and Land Uses The Project Area is currently zoned CC-2, CO-1, RM-20 and RS-8, as defined by the Iowa City Zoning Code. The current land uses consist of commercial, public, and residential uses. The proposed land uses include mixed-use, retail, office, and other commercial and residential uses permitted in the CC-2 and CO-1 zones. The City may amend its zoning code to create a new Design Review District and/or a new, mixed-use zoning classification appropriate ,for Towncrest and may rezone the area to be so designated. Any rezoning to this area, including the creation of a new zoning category under the Zoning Code, will be consistent with the Comprehensive Plan. Section 9- Relocation of Families Benefits Upon the City's verification of a property owner's eligibility for tax increment financing, qualified tenants in the designated Urban Renewal Project Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax increment financing. Eligibility 7 "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Urban Renewal Project Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City making tax increment financing available to a project within the Urban Renewal Project Area. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five (25) miles are not eligible; b. Packing, crating, unpacking and uncrating of personal property; c. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property; d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Section 10- Financial Data 1. Constitutional Debt Limit: $ 136,552,095 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. It is estimated that the City's cost for initial anticipated projects discussed herein will be in the $10 to $15 million range. Section 11- Urban Renewal Plan Amendments 8 This Urban Renewal Plan may be amended from time to time to include change in the area, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. Section 12- Property Acquisition/Disposition Other than easements and right-of-ways, no property acquisition by the City is anticipated. Section 13. Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. The use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. 9 Addendum No. 1 Legal Description of the Urban Renewal Project Area The Towncrest Urban Renewal Area includes the following: Lots 1-4, Block 5; Block 6; Lots 1-4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights-of-way, East Iowa City Subdivision,. Iowa City, Iowa, according to the plat thereof; and Lots 5-19, Block 1; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of all adjacent rights-of-way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights-of-way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right-of-way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. 10 Addendum No. 2 Towncrest Urban Renewal Project Area Map 11 Towncrest urban renewal protect area `~~ ~~' 11-16-10 r 7 ~~,! lam,®~~ CITY O F I O IN R C I T Y FORA ME ~~ Date: November 9, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator Re: Towncrest Urban Renewal Plan Public Hearing Continuation At your October 11 Council meeting, you passed a Resolution of Necessity, setting into play the process to approve the proposed Towncrest Urban Renewal Plan and setting a public hearing on such Plan for November 16. The Planning and Zoning Commission has not yet had the opportunity to make a recommendation to you regarding this proposed Plan. Staff recommends that you continue the public hearing until your December 7, 2010, meeting to allow for the Planning and Zoning Commission to consider the proposed Urban Renewal Plan, as well as a Towncrest Design Plan and a proposed Design Review Overlay District rezoning for this area. By waiting for a recommendation from P&Z on all three items, Council will be better able to make a comprehensive decision on all aspects of the proposed Towncrest redevelopment. The Planning and Zoning Commission will consider these items at their November 18 meeting. We believe they will be prepared to make their recommendation by the December 7, 2010 City Council meeting. Please continue the Public Hearing until this date. cc: Jeff Davidson Bob Miklo Sara Greenwood-Hektoen Memo to CC re PH continuation (2).doc M,.k~ Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-492 RESOLUTION APPROVING FUNDING FOR BARONCINI, LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY09 Annual Action Plan, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Baroncini, LLC be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest rate of 1 %; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project as the business will create six full time equivalent positions, of which 51 % will be held by or available to low-to-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Baroncini, LLC for activities in connection with this allocation of public funds. Passed and approved this 16th day of November , 20 to ~'""~ ~/ MAYOR Approved by ATTEST: ,l.~l~-~ ~, ~ -~~ CITY RK r~-~-~~~ City Attorney's Office ppdcdbg/res/baroncini 11910.doc Resolution No. 10-492 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x ~- x NAYS: ~ ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~.-'_„_-r®~ CITY ~F IOWA. CITY 9 ~~~~~ lV RA ~~ ~E ~~ Date: November 9, 2010 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation Baroncini, LLC Applicant, Gianluca Baroncini, is requesting funds to open an Italian restaurant at 104 Linn Street. The owner has experience in the restaurant industry and graduated from the Italian National Culinary Institute in Verona, Italy. The business qualifies under the Community Development Block Grant program as the business will create six full time equivalent jobs where 51 % of the positions will be held by or made available to low-to-moderate income residents. The owner estimates he will need $180,000 to open the business and generate sufficient cash flow during the first few months of operation. The applicant secured a $120,000 loan with MidWestOne with a $20,000 line of credit. The owner requests $40,000 in CDBG funds for working capital. The Council Economic Development Committee recommended a $35,000 loan at 1 % interest for a maximum term of 7 years. The loan will be partially secured by a lien on the owner's personal vehicle. These terms reduce the City's risk and are in line with what the City has provided to similar applicants in this program. Due to the quality of the business plan, prior experience and education in the restaurant industry and a history of paying loan obligations, the committee recommended funding this business even though the loan will not be fully secured. ~~~ Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356-5030 RESOLUTION NO. 10-493 RESOLUTION APPROVING AN ENVIRONMENTAL COVENANT WITH MID-AMERICAN ENERGY, THE ENVIRONMENTAL PROTECTION AGENCY, THE IOWA DEPARTMENT OF NATURAL RESOURCES, AND IOWA-ILLINOIS SQUARE, LLC, REGARDING THE SUPERFUND SITE NEAR THE INTERSECTION OF BURLINGTON AND VAN BUREN STREETS, AS WELL AS A SIDE AGREEMENT WITH MID-AMERICAN ENERGY. WHEREAS, a Former Manufactured Gas Plant (FMGP) site sits near the Southeast corner of Burlington and Van Buren streets, in Iowa City; and WHEREAS, the site contains underground contamination from the FMGP; and WHEREAS, the Environmental Protection Agency has required the Potentially Responsible Party, Mid-American Energy, to perform a study and remediate the contamination; and WHEREAS, the EPA has approved a remediation plan, which affects the City as adjoining property owner; and WHEREAS, in order to contain the contamination, the City is being asked to limit its activities on a small portion of adjacent property, including abstaining from excavating or drilling wells; and WHEREAS, a side Agreement has also been negotiated with Mid-American Energy to ensure that any additional costs incurred by the City will be reimbursed by Mid-American Energy; and WHEREAS, it is in the interest of the City of Iowa City to approve the attached Environmental Covenant and side Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest five (5) originals of the attached Environmental Covenant and side Agreement. Passed and approved this 16th day of November _, 2010. ~-~~ MAYOR Approved by ~~~ ~ ;~' ~ ATTEST: City Attorney's Office Resolution No. ~ n-49 ~ Page 2 It was moved by wri~ht and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X .~- ~_ x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc AGREEMENT This Agreement is effective the 16th day of N~.~Pmhar , 20~g_, and is entered into by and between the City of Iowa City, Iowa (herein "City") and MidAmerican Energy Company (herein "MidAmerican"). RECITALS 1. The City is the owner of that portion of Ralston Creels lying west of Van Buren Street and from Burlington Street to approximately 316 feet south of Burlington Street, in Iowa City, Iowa, more specifically described in Attachment 1, and referred to herein as "the Property." 2. MidAmerican Energy Company has executed Consent Decree, Civil Action No. 3:08-cv- 0133-JAJ with the United States and the Iowa-Illinois Manor, L.L.C. ("Consent Decree") addressing the Iowa-Illinois Manor Manufactured Gas Plant Superfund Site (the "Site"). 3. Contamination from the Site may be present on or below the Property. 4. The Consent Decree requires an environmental covenant be placed on the Property. 5. The City's utilities and infrastructure exist within the Property. Such utilities and infrastructure may require repair, replacement, or expansion in the future. 6. Repair, replacement, or expansion of the City's utilities or infrastructure may disturb or reveal contamination from. the Site. 7. Contamination from sources unrelated to the Site may also be present on the Property. 8. Repair, replacement, or expansion of the City's utilities or infrastructure may disturb or reveal contamination from sources unrelated to the Site. 1 Upon the teens, conditions, covenants and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and MidAmerican have agreed as follows: 1. MidAmerican will pay for the City's reasonable increased incremental costs in design, repair or replacement of the City's utilities or infrastructure on or below the Property that are caused by the presence or reasonably suspected presence of contamination from the Site ("Costs"). Such Costs will be determined using bid alternatives aiY-ived at through competitive bidding. If additional Costs are incui7ed by the City as a result of such contamination found during the course of the project, or as unforeseen results of the fulfillment of the City's obligations under the environmental covenant, MidAmerican will pay the reasonable increased incremental Costs. 2. MidAmerican may offer to provide services in kind in lieu of payment to the City. The City will promptly and reasonably consider such offers of in kind services and make a good faith effort to utilize said services to mitigate costs. The City's operational needs and schedule shall prevail in all such considerations, and acceptance of said services is at the City's sole discretion 3. The City will promptly execute an Environmental Covenant substantially in the foam of Attachment 2. 4. The City will notify MidAmerican of any planned work affecting the Property. Such notification will occur early in the conceptual design phase of such work. The City will provide plans to MidAmeiican to determine whether alterations are required as a result of contamination from the site or the fiilfillment of City's obligations under the Environmental Covenant. MidAmerican will promptly review the plans, make suggested changes, and work with City engineers to facilitate a solution for the project. 5. -The City shall work with MidAmerican in good faith to design and execute an outcome that (a) meets the City's operational needs and (b) reasonably mitigates any costs attributable to MidAmerican under this Agreement. 6. The City shall notify MidAmerican as soon as possible of any emergency work affecting the Property. 7. The City shall be responsible for such maintenance and repair of the the lining on the Property as would be typical of the lining maintenance elsewhere in the City, such as placement of rip-rap. The Parties shall notify each other promptly upon discovery of any material deficiencies of the the lining on the Property. However, failure to do so does not constitute waiver of any rights or duties under this Agreement. 8. Notifications under this Agreement shall be made as follows: As to the City: Ron Knoche, City Engineer 410 East Washington Iowa City, IA 51140 Phone: (319) 356-5140 Fax: (319) 356-5007 As to MidAmerican: Kevin Dodson, Director -Environmental Programs, Compliance and Permitting 4299 N.W. Urbandale Drive Urbandale, Iowa 50322 3 Phone: (515) 281-2692 Fax: (515) 242-3084 9. This Agreement does not constitute an admission of liability or wrongdoing by either Party. 10. The Parties warrant that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior negotiations or proposed agreements, written or oral. 11. This Agreement shall be binding upon the Parties and their respective officers, directors, employees, elected officials and successors. 12. This Agreement may not be altered, amended, modified, or otherwise changed in any respect whatsoever except by a writing duly executed by an authorized representative of each of the Parties. 13. The Parties represent and warrant that each person signatory hereto has the full power and authority to execute this agreement on their behalf. 14. This Agreement may be executed in multiple originals, each of which is equally admissible in evidence and shall be deemed to be one and the same instrument. This Settlement Agreement shall not take effect until each Party has signed a countezpart. 4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the IV?~ day of Na~~n~S>rR. , ZO/~. CITY OF IOWA CITY, IOWA By ~~`~ MatthewiJ. Hayek, Mayor Attest: /~"(~G~.tr~ `7S Marian K. Kan, City Clerlc STATE OF IOWA- ) 5S: JOHNSON COUNTY) On this ~ day of iUo..s~ gFIZ 20L, before me, SO/dr~xA 6 Fv~e r , a Notary Public in and for the State of Iowa, personally appeareclviatthew J~a ' ~VIayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, [hd sa~ that they are the Mayor and City Clerlc, 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. !d ~ 4`13 passed by the City Council on the / b ~" _ day of N ay~nruacrz , 20 tb, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their vc,.Untary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~;.ia~s SONDRAEFORT Z ~ Commission Number 159791 S~..d,.~ ~~ • My Commission Expires • ,oWp s , o ~ Notary Public in and for the State of Iowa My commission expires: 3/7/ adl~ MIDAMERICAN ENERGY COMPANY By: Name: illiam J. Felu-man Title: President ACKNOWLEDGMENTS GRANTOR , CITY OF IOWA CITY, IOWA By: Matthew J Hayek Title: Mayor, City of Iowa City, Iowa Date: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 2010, before me, a Notary lic in and for the State of Iowa, personally appeared Matthew J. Hayek, tom p sonally known, and, who, being by me duly sworn, did say that he is the Mayor o e Ci of Iowa City, Iowa; that the seal affixed to the foregoing instrument is th corporate eal of the corporation, and that the instrument was signed and sealed on b alf of the co oration, by the authority of its City Council, as contained in Resolution o. ,passed by City Council on the day of , 2010, and that tthew J. Hayek acknowledged the execution of the instrument be his own voluntary a and deed and the voluntary act and deed of the corporatio , by it voluntarily executed. Notary Public in and for the State f Iowa My commission expires: 6 Consent Decree Iowa City MGP ATTACHMENT 1 A PART VAN BUREN STREET RIGHT-OF-WAY LYING ADJACENT TO LYMAN COOK SUBDIVISION OF OUTLOT 25, BEING AN OFFICIAL PLAT AND ADJACENT TO BERRYHIL,L AND PIERCE ADDITION, BEING AN OFFICIAL PLAT ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMI~~NC]NG AT THE NORTHWEST CORNER OF LOT 6 OF SAID LYMAN COOK SUBDIVISION OF OUTLOT 25 AND BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET; THENCE NORTH 89°14'56" EAST ALONG SAID RIGHT-OF-WAY LINE, 149.94 FEET TO THE NORTHEAST CORNER OF SAID LOT 6 AND BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID VAN BUREN STREET EXTENDED NORTH AND TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°14'56" EAST, 58.50 FEET;THENCE SOUTH 0°47'30" EAST, 280.00 FEET; THENCE SOUTH 17°12'59" WEST, 36.79 FEET; THENCE NORTH 77°36'51" WEST, 48.40 FEET TO THE SOUTHEAST CORNER OF LOT 9 TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET; THENCE NORTH 0°47'30" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 304.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.41 ACRES (17,969 S.F.). 6 ATTACHMENT 2 Prepared by and return to: IJNVIRONMENTAL COV)JNANT This Environmental Covenant is made this day of , 200_, by and between the City of Iowa City, Iowa ("Grantor"), having an address of 410 East Washington Street, Iowa City, Iowa 52240, and MidAmeiican Energy Company ("Holder"), having an address of Urbandale Business Center, 4299 NW Urbandale Drive, Urbandale, Iowa 50322-7916 and Iowa- Illinois Manor, L.L.C. ("Holder"), having an address of 2871 Heinz Road, Suite B, Iowa City, Iowa 52240. This environmental covenant is established for the purpose of subjecting the affected property described below to certain activity and use limitations in accordance with the terms and conditions specified below and the provisions of Iowa's Unifoirn Environmental Covenants Act, Iowa Code Chapter 455I and authority granted the Iowa Department of Natural Resources in Iowa Code sections 455B.103(7) and 455H.206, and Department rules in chapter 567 Iowa Administrative Code 137. The Iowa Department of Natural Resources ("IDNR") and the Environmental Protection Agency ("EPA") are entering into this covenant in their capacity as "agencies" as provided in Iowa Code sections 455I.2 and 455I.3. 1. The Property. City of Iowa City, Iowa is the fee simple title owner of that real property legally described in Exhibit A hereto, and generally described as Ralston Creels from Burlington Street to approximately 316 feet south of Burlington Street in Iowa City, Johnson County, Iowa as shown on the attached map at Exhibit B (the "Property"). 2. Purpose. Because contamination will remain at the Property at levels above those appropriate for unlimited use and unrestricted exposure, this Environmental Covenant is being imposed on the Property for the purposes of protecting public health and the environment, and to prevent interference with the performance, and the operation and maintenance, of any environmental response project required under the terms of the below-referenced Consent Decree. 3. Background. The Property is part of the Iowa City Foirner Manufactured Gas Plant Site ("Site"), at which the EPA has performed response actions pursuant to 40 C.F.R. Section 300 of the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"). Iowa-Illinois Manor provided access and MidAmerican Energy Company conducted a Remedial Investigation ("RI"), which was approved by United States Environmental Protection Agency (EPA) on August 11, 2004, and a Feasibility Study ("FS"), which was approved by EPA in July 25, 2006, to address contamination related to former manufactured gas plant operations at the Property. On September 26, 2006, the EPA issued a Record of Decision ("ROD") which selected the remedial action to address contamination at the Site. The ROD was modified in a Memorandum of Record dated June 17, ZOOS. The ROD included institutional controls as part of this remedial action. MidAmerican Energy Company and the Iowa-Illinois Manor, L.L.C. have entered into a Consent Decree, Civil Action No. 3:08-cv-0133-JAJ, with the United States which requires the imposition of the activity and use limitations herein. The ROD, Consent Decree, and other documents contained in the administrative record may be reviewed at the EPA offices at the address specified in Paragraph 17 below. 4. Identity of Grantor, Grantees/Holders, and Agency, as each is defined in this Environmental Covenant and as provided in Iowa's Uniform Environmental Covenants Act (Iowa Code Chapter 455I). Grantor: City of Iowa City, Iowa is the current owner of the Property and the Grantor of this Environmental Covenant. Grantees/Holders: MidAmerican Energy Company and Iowa-Illinois Manor, L.L.C. are the Grantees/Holders of this Environmental Covenant. Agency: The Iowa Department of Natural Resources (IDNR) and the U.S. Environmental Protection Agency (EPA) are each an Agency under this Environmental Covenant. 5. Representations and Warranties. The Grantor warrants to the other signatories to the Environmental Covenant the following: A. that it is the sole fee simple title owner of the Property; B. that it holds sufficient fee simple title to the Property to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims; and C. that it has identified all other persons holding legal or equitable interests to the Property, including, but not limited to, contract buyers, mortgagees, other consensual lien holders, and lessees and secured their consent to this Environmental Covenant either by obtaining their signatures hereto or by a separate subordination agreement attached hereto as [NOT APPLICABLEI. 6. Running with the Property. This Environmental Covenant is perpetual and runs with the Property as provided in Iowa Code Chapter 455I until modified or terminated as provided below in Section 11. This Environmental Covenant is binding on the Grantor and all of its successors, assigns, and all transferees acquiring or owning any light, title, lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators, and devisees. The term "transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the Property or any portion thereof, including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees, easement holders, and/or lessees. 7. Activity and Use Limitations and Terms. The Property is subject to the following activity and use limitations: A. Other than as provided in paragraph nine (9) below, no wells for any purpose may be placed on the Property. 8 B. Excavation or other activities that will disturb the the lining or the subsui~ace of the Property shall be prohibited without the prior notification and approval of EPA, except incases of emergency utility repair activities or other subsurface work necessary for human health and safety. EPA shall be notified within 7 calendar days of the initiation of emergency activities on the Property which disturbs the the lining or the subsurface. 8. Notice of Non-Compliance. Grantor and any subsequent transferee of the Property shall notify IDNR and EPA as soon as possible of any conditions that would constitute a breach of the activity and use limitations specified above in Section 7. . 9. Access. Grantor grants to the Holders and their authorized representatives and to IDNR, an Agency, and its authorized representatives, an irrevocable, permanent and continuing right of access at all reasonable times to the Property, and also hereby assures the access of EPA, an Agency, and its authorized representatives, to the Property for the purposes of: A. Implementing the remedial action in the ROD and Consent Decree; B. Verifying any data or information submitted to EPA or IDNR; C. Verifying that no action is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental laws or regulations; D. Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site, including, without limitations, sampling of soil, air, and groundwater, and specifically, without limitation, obtaining split or duplicate samples; E. Drilling and construction of groundwater monitoring wells authorized or otherwise directed by EPA or IDNR; F. Conducting periodic reviews of the Grantor's response actions, including but not limited to reviews required by the Consent Decree and applicable statutes and/or regulations; and G. Implementing additional or new response actions if EPA or IDNR, in their sole discretion, determine i) that such actions are necessary to protect the environment because either the original response actions performed have proven to be ineffective or because new technology has been developed which will accomplish the purposes of the response action in a significantly more efficient or cost effective manner; and ii) that the additional or new response actions will not impose any significantly greater burden on the Property or unduly interfere with the then existing uses of the Property. 9 10. Groundwater Hazard Statement. Iowa Code section 558.69 requires submission of a groundwater hazard statement and notice if "hazardous waste," as defined in Iowa Code sub-sections 455B.411(3), 455B.412(2) or section 455B.464, is present on real property. If hazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with IDNR rules. Grantor and all subsequent transferees required to submit a groundwater hazard statement under Iowa Code section 558.69 for the Property shall make reference to this Environmental Covenant in any instrument conveying an interest in the Property. Such reference shall be in substantially the following foam: THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED , 200_ ,RECORDED IN THE JOHNSON COUNTY RECORDER/REGISTRAR OFFICE ON , 200_, AS [DOCUMENT , BOOK, PAGE , OR BY PARCEL NUMBER _]. THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS: (1) OTHER THAN AS DIRECTED BY EPA OR IDNR, NO WELLS FOR ANY PURPOSE MAY BE PLACED ON THE PROPERTY; (2) EXCAVATION OR OTHER ACTIVITIES THAT WILL DISTURB THE TILE LINING OR THE SUBSURFACE OF THE PROPERTY SHALL BE PROHIBITED WITHOUT THE PRIOR NOTIFICATION AND APPROVAL OF EPA, EXCEPT IN CASES OF EMERGENCY UTILITY REPAIR ACTIVITIES OR OTHER SUBSURFACE WORK NECESSARY FOR HUMAN HEALTH AND SAFETY. EPA SHALL BE NOTIFIED WITHIN 7 CALENDAR DAYS OF THE INITIATION OF EMERGENCY ACTIVITIES ON THE PROPERTY WHICH DISTURBS THE TILE LINING OR SUBSURFACE. 11. Modification and Termination. This Environmental Covenant may be modified or terminated in accordance with and subject to the provisions of Iowa Code Chapter 455I. The termination or modification of this Environmental Covenant is not effective until the document evidencing consent of all necessary persons is properly recorded. 12. Enforcement. The terms of this Environmental Covenant may be enforced in a civil action for injunctive or other equitable relief by the signatories and those persons authorized by and in accordance with Iowa Code Chapter 455I. 13. Severability. If any provision of this Environmental Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 14. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance with the laws of the state of Iowa. 15. Recordation. Within thirty (30) days following execution of this Environmental Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with the Johnson County, Iowa, Recorder/Registrar Office. 10 16. Effective Date. The effective date of this Environmental Covenant shall be the date upon which the fully executed Environmental Covenant has been properly recorded with the Johnson County, Iowa, Recorder/Registrar Office. 17. Notice. Unless otherwise notified in writing by an Agency, any document or notice required by this Environmental Covenant shall be submitted to: Grantor: City of Iowa City, Iowa 410 East Washington Street Iowa City, IA 52240 Holders: MidAmerican Energy Company Urbandale Business Center 4299 NW Urbandale Drive Urbandale, Iowa 50322-7916 and Iowa-Illinois Manor, L.L.C. 2871 Heinz Road, Suite B Iowa City, Iowa 52240 Agencies: Director Iowa Department of Natural Resources Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 and Director, Supei~und Division U.S. Environmental Protection Agency 901 North 5th Street Kansas City, Kansas 66101 11 ACKNOWLEDGMENTS GRANTOR CITY OF IOWA CITY, IOWA By: Matthew J Hayek Title: Mayor, City of Iowa City, Iowa Date: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 2010, before me, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek, to me personally known, and, who, being by me duly sworn, did say that he is the Mayor 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 the authority of its City Council, as contained in Resolution No. ,passed by City Council on the day of , 2010, and that Matthew J. Hayek acknowledged the execution of the instrument to be his own voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 12 GRANTEE/HOLDER: MIDAMERICAN ENERGY COMPANY 2009 State of Iowa ) )ss. County of Polk ) B y: Title: On this day of , 2009 before me personally appeared who being duly sworn, did say that he is MidAmerican Energy Company, that (the seal affixed to said instrument is the seal of said corporation or no seal has been procured by said corporation) and that the instrument was signed and sealed on behalf of said MidAmeiican Energy Company by authority of its board of directors and that the said Board acknowledges the execution of said instrument to be the voluntary act and deed of said MidAmerican Energy Company by it voluntarily executed. Notary Public, State of Iowa 13 r I GRANTEE/HOLDER: IOWA-ILLINOIS MANOR, L.L.C. 2009 State of Iowa ) )S5. County of Polk ) B y: Title: On this day of , 2009 before me personally appeared who being duly sworn, did say that they are the Iowa- Illinois Manor, L.L.C., that [the seal affixed to said instrument is the seal of said Iowa-Illinois Manor L.L.C. or no seal has been procured by said Iowa-Illinois Manor, L.L:C.] and that the instrument was signed and sealed on behalf of said Iowa-Illinois Manor, L.L.C. by authority of its members and that the said members acknowledge the execution of said instrument to be the voluntary act and deed of said corporation by them voluntarily executed. Notary Public, State of Iowa 14 AGENCY: IOWA DEPARTMENT OF NATURAL RESOURCES 200_ Richard Leopold Director, Iowa Department of Natural Resources State of ) County of ) ss. On this day of , 200_, before me personally appeared ,known to me to be the Director of the Iowa Department of Natural Resources or the lawful designee of the Director who. executed the foregoing instrument, and acknowledge that this person executed the same as his/her/their voluntary act and deed. Notary Public, State of Iowa 15 AGENCY: U.S. ENVIRONMENTAL PROTECTION AGENCY 200 By: Ceclia Tapia, Director Supei~und Division State of ) County of ) ss. On this day of , 200_, before me personally appeared Cecilia Tapia, the Director of the Superfund Division of Region VII of the U.S. Enviromnental Protection Agency, who being duly sworn, did sign this Environmental Covenant. Notary Public, State of Kansas 16 EXHIBIT A LEGAL DESCRIPTION A PART VAN BUREN STREET RIGHT-OF-WAY LYING ADJACENT TO LYMAN COOK SUBDIVISION OF OUTLOT 25, BEING AN OFFICIAL PLAT AND ADJACENT TO BERRYHILL AND PIERCE ADDITION, BEING AN OFFICIAL PLAT ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS: CONIlvLENCING AT THE NORTHWEST CORNER OF LOT 6 OF SAID LYMAN COOK SUBDIVISION OF OUTLOT 25 AND BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET; THENCE NORTH 89°14'56" EAST ALONG SAID RIGHT-OF-WAY LINE, 149.94 FEET TO THE NORTHEAST CORNER OF SAID LOT 6 AND BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID VAN BUREN STREET EXTENDED NORTH AND TO THE POINT OF BEGINNING; THENCE CONTIN[TIlVG NORTH 89°14'56" EAST, 58.50 FEET; THENCE SOUTH 0°47'30" EAST, 280.00 FEET; THENCE SOUTH 17°12'59" WEST, 36.79 FEET; THENCE NORTH 77°36'51" WEST, 48.40 FEET TO THE SOUTHEAST CORNER OF LOT 9 TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET; THENCE NORTH 0°47'30" WEST ALONG SAID WEST RIGHT- OF-WAY LINE, 304.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.41 ACRES (17,969 S.F.). 17 EXHIBIT B `EASEMENT PLAT BURLINGTON STREET 80.00' R.O.W. POINT OF N89°74'56"E ' NW Cor Loty BEGINNING 58.50' Fnd 5/8" N89°14'56"E ~Rrbor Bent ~, N89.14'S6"E ~.~- 600.98'M 600'P "~ 149.94' M 149. 3'R 15 'P I I NE Corner E 45'of the 1 PT. 6 o w 200' } 7 a ~ OuUot 27 tJ ~ , 21.50' v_i Fnd 5/8" Rebcr PT 7 °• • ~`~ ° ~ PT z 1V15~ N o ~~ ~ L SOwN OF ~ Coo O~ 25 o c~ o oR~GioNA Clj`~ ~~(MP pF 0 PT s ~ . ~> ~ BLOCK 27 3 ° tc°~ N . '~ z 9 4 PT 9 T ~LOI 9orne~y 17°12'59"W !I 36.75' ,10 ~ R 5 N77°36'51"W 48.40' NOTE PT t P 1 Mwi~ Q1 EASEMENT FOR PUBLIC HIGHWAY • l8K 3946, PG 620.622) & p~ERCE 2 ~ w B~RR`l aDp~~ 10N' PT ~ 3 ' 3 ~~ 2~ PT 3 h ~ °o . oo O 8vQ ~E 22' z n ~ I, LB Z ~ . NE Co4Lot ~ .> ~ .. Fnd 5/6" Rebor , .' ~~I ~a 5 °m r~ ~ SE Cor Lot 5 Fnd 9/B" Rebor w/ ~ Yellow Cop Unrectloble 0 700 SCALE (FEET) Revised os ~oer client 03.16-09 JBP MWH AMERICAS, INC SREE 2 OP 2 Pk 1090131 ENVIRONMENTAL .COVENANT/EASEMENT ~ PM: All< SNYDER Fi AS50 CIATES 2727 S.W.6NYOER BLVD. DAT2 02H2I09 Engineers and Planners ANKENV, IA 6D023 (515)964-2020 TcpC JBP °w"s'ii7: .•• ~•~c•, ,..an., r., w.eoM1 v e 18 Prepared by and return to: Margaret A. Roy, Esq. MidAmerican Energy Company, 666 Grand Ave. PO Box 657, Des Moines IA 50306-0657 515-281-2779 ENVIRONMENTAL COVENANT ,~ da of Alou , 20~a, by and between This Environmental Covenant is made this ~ y the City of Iowa City, Iowa ("Grantor"), having an.address of 410 East Washington Street, Iowa City, Iowa 52240, and MidAmerican Energy Company ("Holder"), having an address of Urbandale Business Center, 4299 NW Urbandale Drive, Urbandale, Iowa 50322-7916 and Iowa- Illinois Square LLC ("Holder"), having an address of 414 East Market Street, Iowa City.IA 52245, This environmental covenant is established for the purpose of subjecting the affected property described below to certain activit}+ and use limitations in accordance with the teens and conditions specified below and the provisions of Iowa's Uniform Environmental Covenants Act, Iowa Code Chapter 455I and authority granted the Iowa Department of Natural Resources in Iowa Code sections 455B.103(7) and 455H.206, and Department rules in chapter' 567 Iowa Administrative Code 137. The Iowa Department of Natural Resources ("IDNR") and the Environmental Protection Agency ("EPA") are entering into this covenant in their capacity as "agencies" as provided in Iowa Code sections 455I.2 and 455I.3. 1. The Property. City of Iowa City, Iowa is the fee simple title owner of that real property legally described in Exhibit A hereto, and generally described as Ralston Creek from Burlington Street to approximately 316 feet south of Burlington Street in Iowa City, Johnson County, Iowa as shown on the attached map at Exhibit B (the "Property"). 2. Pur ose. Because contamination will remain at the Property at levels above those appropriate for unlimited use and unrestricted exposure, this•Environmental Covenant is being imposed on the Property for the purposes of protecting public health and the environment, and to prevent interference with the performance, and the operation and maintenance, of any environmental response project required under the terms of the below-referenced Consent Decree. 3. Background. The Propert}y is part of the Iowa City Former Manufactured Gas Plant Site ("Site"), at which the EPA has performed response actions pursuant to 40 C.F.R. Section 300 of the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP") Iowa-lllinois Manor L.L.C, provided access and MidAmerican Energy Company conducted a Consent Decree Iowa City MGP Remedial Investigation ("RI"), which was approved by United States Environmental Protection Agency (EPA) on August 11, 2004, and a Feasibility Study ("FS"), which was approved by EPA in July 25, 2006, to address contamination related to former mauufactut•ed gas plant operations at the Site. On September 26, 2006, the EPA issued a Record of Decision ("ROD"} which selected the remedial action to address contamination at the Site. The ROD was modified in a Memorandum of Record dated June 17, 2008. The P.OD included institutional controls as part of L.L.C. have this remedial action. MidAmerican Enet•gy Company and the Iowa-Illinois Manor, entered into a Consent Decree, Civil Action No. 3:08-cv-0133-JAJ, with the United States which requires the imposition of the activity and use limitations herein.'The ROD, Consent Decree, and other documents contained in the administrative record~may be reviewed at the EPA offices at the address specified in Paragraph 17 below. 4, Identity of Grantor, Grantees/Holders, and Agency, as each is defined in this Environmental Covenant and as provided in Iowa's Uniform Environmental Covenants Act (Iowa Code Chapter 455I). Grantor: City of Iowa City, Iowa is the current owner of the Property and the Grantor of this Environmental Covenant. Grantees/Holders: MidAmerican Energy Company and Iowa-Illinois Square LLC are the Grantees/Holders of this Environmental Covenant. Agency: The Iowa Department of Natural Resources (IDNR) and the U.S. Environmental Protection Agency (EPA) are each an Agency under this Environmental Covenant, 5. Representations and Warranties. The Grantor warrants to the other signatories to the Environmental Covenant the following: A. that it is the sole fee simple title owner of the Property; B. that it holds sufficient fee simple title to the Property to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims; and C. that it has identified all other persons holding legal or equitable interests to the Property, including, but not limited to, contract buyers, mortgagees, other consensual lien holders, and lessees and secured their consent to this Environmental Covenant either by obtaining their signatures hereto or by a separate subordination agreement attached hereto as fNOT APPLICABLEI. 6, Runnin with the Pro ert .This Environmental Covenant is perpetual and runs with the Property as provided in Iowa Code Chapter 455I until modified or terminated as provided below in Section 11. This Environmental Covenant is binding on the Grantot• and all of its successors, assigns, and all transferees acquiring or owning any right, title, lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators, and 2 Conse~at Decree lot7~u City MGP devisees. The term "transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the Property or any portion thereof, including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees, easement holders, and/oz' lessees. 7. Activit ~ and Use Limitations and Terms. The Property is subject to the following activity and use limitations: A. Other than as provided in paragraph nine (9) below, no wells for any purpose may be placed on the Property: + B. Excavation or other activities that will disturb the file lining or the subsurface of the Property shall be prohibited without the prior notification and.appraval of EPA, except in cases of emergency utilit}+ repair activities o-• other subsurface work necessary for human health and safety. EPA shall be notified within 7 calendar- days of the initiation of emergency activities on the Property which disturbs the file lining or the subsurface. 8. Notice of Non-Compliance. Grantor and any subsequent transferee of the Propert}+ shall notify IDNR and EPA as soon as possible of any conditions that would constitute a breach of the activity and use limitations specified above in Section 7. g, Access. Grantor grants to the Holders and their authorized representatives and to IDNR, an Agency, and its authorized representatives, an irrevocable, permanent and continuing right of access at all reasonable times to the Property, and also hereby assures the access of EPA, an Agency, and its authorized. representatives, to the Property for the purposes of: A. Implementing the remedial action in the ROD and Consent Decree; B. Verifying any data or information submitted to EPA or IDNR; C. Verifying that no action is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental. laws or regulations; D. Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site, including, without limitations, sampling of soil, air, and groundwater, and specifically, without limitation, obtaining split or duplicate samples; E. Drilling aa~d construction of groundwater monitoring wells authorized or otherwise directed by BPA or IDNR; F. Conducting periodic reviews of the Grantor's response actions, including but not limited to reviews required by the Consent Decree and applicable statutes and/or regulations; and G. Implementing additional or new response actions if EPA or IDNR, in their sole Cansent Decree Iowa City MGP discretion, determine i) that such actions are necessa~•y to protect the environment because either the original response~actions performed have proven to be ineffective or because new technology has been developed which will accomplish the purposes of the response action in a significantly more efficient or cost effective.manner; and ii) that the additional or new response actions will not impose any significantly greater burden on the Property or unduly interfere with the then existing uses of the Property. 10, Groundwater Hazard Statement. Iowa Code section 558.69 requires submission of a groundwater hazard statement and notice if "hazardous waste," as defined in Iowa Code sub-sections 455B.411(3), 455B.412(2) or section 455B.464, is present on real , property. If hazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with IDNR rules. Grantor and all subsequent transferees required to submit a groundwater.hazard statement under Iowa Code section 558.69 foi' the Property shall make reference to this Environmental. Covenant in any instrument conveying an interest in the Property. Such reference shall be in substantially the following form: THE INTEREST CONVE'i'ED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED _~ 20- > RECORDED IN THE JOHNSON . COUNTI' RECORDER/R,EGISTRAR OFFICE ON , 20_, AS [DOCUMENT , BOOK._, PAGE , OR BY PARCEL NUMBER _]. THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTNITY AND USE LIMITATIONS: (1) OTHER THAN AS DIRECTED BY EPA OR IDNR, NO WELLS FOR ANY PURPOSE MAI' BE PLACED ON THE PROPERTI'; (2) EXCAVATION OR OTHER ACTIVITIES THAT WILL DISTURB~THE TILE LINING OR THE SUBSURFACE OF THE PROPERTY SHALL BE PROHIBITED WITHOUT THE PRIOR NOTIFICATION AND APPROVAL OF EPA, EXCEPT IN CASES OF EMERGENCY UTILITY REPAIR ACTNITIES OR OTHER SUBSURFACE WORK NECESSARY FOR HUMAN HEALTH AND SAFETY. EPA SHALL BE NOTIFIED WITHIN 7 CALENDAR DAYS OF THE INITIATION OF EMERGENCY ACTIVITIES ON THE PROPERTY WHICH DISTURBS THE TILE LINING OR SUBSURFACE. 11, Modification and Termination. This Environmental Covenant may be modified or terminated in accordance with and subject to the provisions of Iowa Code Chapter 455I. The termination or modification of this Environmental Covenant is not effective until the document evidencing consent of all necessary persons is properly recorded. 12. Enforcement. The terms of this Environmental Covenant may be enforced in a civil action for injunctive or other equitable relief by the signatories and those persons authorized by and in accordance with Iowa Code Chapter 455I. 13. Seve,~_Y• If any provision of this Environmental Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 4 Conse~ai Decree Iowa Cite MGP 14. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance with the laws of the state of Iowa. l $, Recordation. Within thirty (30) days following execution of this Environmental Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with the Tohnson County, Iowa, Recorder/Registrar Office. 16. Effective Date. The effective date of this Environmental Covenant shall be the date upon which the fully executed Environmental Covenant has been properl}~ recorded with the 7ohnson County, Iowa, Recorder/Registrar Office. 17. Notice. Unless otherwise notified in writing by an Agency, any document or notice required by this Environmental Covenant shall be submitted to: Grantor: City of Iowa City, Iowa 410 East Washington Street Iowa Cit}~, IA $2240 Holders: MidAmerican Energy Company Urbandale Business Center. 4299 NW Urbandale Drive Urbandale, Iowa $0322-7916 and Iowa-Illinois Square LLC 414 East Market Street Iowa Cit}~ IA $224$ Agencies: Director Iowa Department of Natural Resources Wallace State Office Building $02 East 9th Street Des Moines, Iowa $0319 and Director, Superfund Division U.S. Environmental Protection Agency 901 North $th Street Kansas City, Kansas 66101 Consent Decree Iowa Cite MGP ACKNOWLEDGMENTS GRANTOR CITY OF IOWA CITY, IOWA ~~ By: Matthew J Hayek Title: Mayor, City of Iowa City, Iowa Date: ~~la~~nne~ lb, da~O STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /b'~~ day of AId~E~n.BF tz, , 2010, before me, Sa,,r~,E b,~,---- , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek, to me personally known, and, who, being by me duly sworn, did say that he is the Mayor 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 the authority of its City Council, as contained in Resolution No. ~~ ~ 4R f3 ,passed by City Council on the ~~ day of rl,,,j,,~,r,s , 201.0, and that Matthew J. Hayek acknowledged the execution of the instrument to be his own voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~a~ts Sd~dDR~E FdRT ~++^'ti~~ ' ~~'`'~~ z , ~, ~ Commission Number 1 b9791 Notary Public in and for the State of Iowa Nty Commission Expires '~=~o,~.p~- ~ My commission expires: a0~ ~ 6 Consent Decree Iowa City MGP GRANTEE/HOLDEP.: AZIDAA2CRICAN ENERGY COA~IPANY B y; ian~ 7. Fehrrnan Title: President State of Iowa ) )ss. County of Pollc ) On this day of `~'~~~.~?~1 ~-~~~-- > ~~1.~i before me person all}r appeared ~uilliam J. Fehiman who being duly sworn, did say that he is MidAmerican Energy~Company, that (the sea] affixed to said instrument is the seal of said comoration or no seal has been procured by said corporation) and that the instrument was sib ed and sealed on behalf of said MidAmerican Energy Company by authority of its board of directors and that the said Board acknowledges the execution of said instrument to be the voluntary act and deed of said MidAmerican Energy Company by it voluntarily executed. 'r ' ~ 1 Notary Public, State of ~ebwa e~A~ s DARLA S.,JIJOHNSTON o ,i~~~ ~ COMMISSION N0. 750483 MY COMMISSION EXPIRES ,own DECEMBER 27, 2010 ~ Consent. Decree lowce Cil}~ 11~GP GRANTRR/HOLDER: Iowa-Illinois Square LLC G , 20 f D _-~ By: ; Title ,200 "1~ By/: Title: By: ~ Title: James A. Clark Manager _/~w~ Bryan J. Clark Manager .~'" ~~ _, -. ose Clark Manager State of Iowa ) )ss. County of Polk ) On this ~ day of ~ ~ , 20l ~ before me personally appeared James A. Clark, Bryan J. Clark and G. Joseph lark who being duly sworn, did say that they are Iowa-Illinois Square LLC that [ •er no sea] has been procured by said Iowa-Illinois Square LLC] and that the instrument was signed a~-sued on behalf of said Iowa-Illinois Square LLC by authority of its members and that the said members aclrnowledge the execution of said instrument to be the voluntary act and dee [j b~ them voluntarily executed. - ~'w.: c i ~-~~ l~~ cro w.~ ar v1 ... ~. .. No~.~ bli ,State of Iowa • oy~~"t gERIJARDO'BRIEN e ~ Commission Number 733207 (J~y Commi~sion~xopires low - ~- Conse~zt Decree Iowa Cizy MGP AGENCI': IOV~'A DEPARTMENT OF NATURAL RESOURCES ~ , 2oLv ~~ G ~ ~~ c~h^;Gla, L J,~cQc~ ~~~~ Director Iowa Department of Natural Resources State of ~--~-~~-~~- ) County of _ -1~-T 1~._) ss. On this ~Ui~da ~ of l-l: , 20~D before me personally appeared -h~-jC jcr~ L.., 3c~c~~U _, kno to me to be the Di~re~c~`i~~'the Iowa Department of Natural Resources or the 1'awful designee of the Director who executed the foregoing instrument, and aclcn redge that th' p rson executed e s me as his/her/their voluntary act and deed, ~i ~ ~ ,2~ Notar Public, State of Iowa pAELIS$AA CdYtlugSSlOr11~10.7463i2 MY EJWIRFS fOMA Consent Decree Iowa Cite MGP AGENCY: U.S. ENVIRONMEl\'TAL PROTECTION AGENCY 7 - ~- ~j , 2oLc~ By: Ceclia Ta is irector Superfund Division State of '~```~ ) County of U/~ ~ ~) ss. On this z~t~ day of t/ v I ~ , 201, before me personally appeared Cecilia Tapia, the Director of the Superfun~ Division of Region VII of the L1.S. Environmental Protection Agency who being duly sworn, did sign this Environmental Covenant. i Notary Public, State of Kansas • KENT.IOHNSON •~ ~ "' NOTARY PiJBLIC STATE OF KApNSAS My ADPt. Exp. 7/~.~ /// 10 Consent Decree Iowa Cite MGP E~~HIBIT A LEGAL DESCRIPTION A PART VAN BUREN STREET BEING ON O'FFICIALINPLADT AND ADJAOCENT TOCOOIC SUBDIVISION OF OUTLOT 25, BERRYHILL AND PIERCE A OUN ~N'IOWA AND DESCRIBED AS FOLLOWS:E CITY OF IOWA CITY, JOHNSONC COMIv1ENCING ATTHENORS AND BEING A POINT ON THE SOUTH R GHT OF WAY SUBDIVISION OF OUTLOT 2 LINE OF BURLINGTON STRE rTE'E PTO THE NORTHEAST CORNER OF SAID LOT 6 R1GHT-OF-WAI' LINE, 149 AND BEING A POINT ON TH AND 0 THE POINT OF BEG NNING;~THENCEUREN STREET E~;TENDED NORTH CONTINUING NORTH 89°14'56" EAST, 58.50 FEET; THENC THENCE NORTH 77 36'51" 280.00 FEET; THENCE SOUTH 17°12'59" WEST, 36.79 FEET; WEST, 48.40 FEET TO THE SOUTHEAST CORNER OF LOTI~9 NCE NORTH ON SAID WESTRIGHT-OF-WAY LINE OF VAN BUREN STREET; 0°47'30" WEST ALONG SAID WES G oI4 HAC~,A7,969S.F.) 4.00 FEET TO THE POWT OF BEGINNING AND CONTAININ E];HIBIT B MAP .--- ' EASEMENT PLAT N)Y Cvr Lol 4 fnd 5/0" Rebor Benl~ t p, 2 4~~~oF 0 3 4 5 BURLINGTON STREET 80.00' R.O.W. ltlJT OF k8B'14'S6"E .GINNING 56.50' NBB•IS'S6"E 58"E ~ ~~ . ~l 600.86' 6S 6D0~ 3' R 151 21.50' ~ e ne n Rebv TOWti~ Or ORIG 10W A GIT gLOCY 27 • ~~ pT 6 P~ ~ vas` p~ B 36. pT 9 5~ Cornr Lol 9 .10 PS t p t `~'w~ p1ER~` T ~ g~RR~ ~DD, ~~. PT 2 ~ a c ¢~ , PT 3 ~ W ~ 00 ~ BvP ~~ ZZt g Z m tB N"_ Ca Lol Fnd S/8" flobor Z~ . 0y 5 "ti 1 ~~ 5 ' NOTE Q EASEMENT FOR PUBLIC HIGHWAY IBK 3146. PO 820-624) 5: Cw Lol 5 1{ ind S/0" Ll Robar r/ Yelbn Gap , UMOOtlObIP p 100 . SCA:E (fEETI MWH AMERICAS, INC i ENVIRQNMENTAL COVENANT/EASEMENT I ~ SNYDER & fL$SOCIATES 27279Y1.6NYOr71 BLVD. EngintlorsendPlannera aNKeR+;U6oov(ats)saa4o45 "I "1-"I O- I U -~®~ CITY CAF 14WA CITY 10 ~~~~~~~ -~~~~ EZA N D u N[ ~ E 1VI CJ Date: November 9, 2010 To: City Council From: Eric Goers, Asst. City Attorney Re: Former Manufactured Gas Plant (FMGP) Site at the Southeast corner of Burlington and Van Buren streets This memo is provided to update Council regarding the above-referenced site. Attached please find my last Memo to Council on this subject, dated August 2, 2006, without the attachments. Over the last several years, the City has been engaged in negotiating an Environment Covenant with Mid- American Energy (successor in interest to the former owner of the property), Iowa-Illinois Square LLC (present owner of the apartment building located there), the Iowa Department of Natural Resources, and the Environmental Protection Agency. We also have negotiated a side Agreement with Mid-American to ensure that any additional costs suffered by the City as a result of the contamination from the FMGP would be covered by Mid-American, as the "Potentially Responsible Party." The restrictions placed on the City are limited to a small area adjacent to the FMGP, and relate primary to making sure we don't disturb the creek bed or install any wells there. There are exceptions for emergency work needing to be performed by the City. Both the Environmental Covenant and side Agreement have been run by Rick Fosse, who approves. We believe the City should approve these Agreements. All other parties have now signed, and City Council approval will be required of before the Agreements can be executed and implemented. Should you have any questions or concerns, please do not hesitate to call me. cc: Dale Helling, Interim City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Rick Fosse, Public Works Director Ron Knoche, City Engineer r j ~~~,p~,~ .CITY 4F IOWA CITY ~~ U M ND RA Q ]VI E 11/I Date: August 2, 2006 FILE COPY To: City Council I From: Eric Goers, Asst. City Attorney Re: Former Manufactured Gas Plant (FMGP) Site at the Southeast corner of Burlington and Van Buren streets This memo is provided to update Council regarding the above-referenced site. The FMGP site was significant in its impact on the Burlington street bridge replacement project over Ralston Creek. That project has since been successfully completed. However, because Mid American Energy Company recently completed their Feasibility Study Report, the FMGP site again requires the City's attention. Over the last several months I have been in contact with Dana Skelley of EPA, and met with Kevin Armstrong, who was the consultant responsible for the Feasibility Study Report. The City received the revised- Feasibility Study Report in June of this year. It is substantial in size and content. Contained in the Report was an Environmental Covenant, drafted by Mid American, which would make the City responsible for the maintenance of the the lining of the creek adjacent to the FMGP site, as well as requiring the development of a program for the lining's routine maintenance and inspection, as well as the reporting of results to EPA. EPA wished to know the City's likely response to the environmental covenant. Given the age and condition of the the lining (approximately 70 years old) and the site contamination resulting from no fault of the City, staff reported back to EPA that we saw no reason why this burden should be shifted from Mid American, the Potentially Responsible Party (PRP), to the City taxpayers. EPA expected that response, but was. pleased City staff was amenable to several other considerations related to the prevention of disturbances to the creek bed. Last week we received a Fact Sheet and Superfnnd Program Proposed Plan, both from EPA. I have attached a copy of each for your review. EPA has expressed its preference for one of the seven remediation alternatives delineated in the Feasibility Study Report, and has instituted a 30-day public comment period from July 28, 2006 to August 27, 2006. Staff intends to review the plan and submit written comments if appropriate. EPA has scheduled a public meeting for 7:00 p.m. on August 9, 2006 at the Iowa City Public Library, Meeting Room A. Following the public comment period EPA will issue a Record of Decision (ROD) setting the remediation alternative. Following the ROD, EPA will engage Mid American and Iowa Illinois Manor (the current properly owner) in plans for implementation of the remediation alternative. Because of the effect on City property, the City would also be engaged in this process, in the hopes all parties can agree to a Consent Decree assigning remediation responsibilities. Any final Consent Decree to which the City is a party would require Council approval. We have enjoyed good communications with EPA, and will continue to discuss the site's remediation. Should you have any questions or concerns regarding the site, or the procedure moving forward, please do not hesitate to contact myself or Rick Fosse. cc: Stephen Atkins, City Manager Dale Helling, Assistant City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Rick Fosse, Public Works Director r ~•!_,,;, ®oor~ CITY D F I O W A CITY 12 ~~~~~ E M ~ RA N D l~ M Date: November 5, 2010 To: City Council From: Melissa Clow, Special Projects Administrator Public Works, Engineering Division Re: Dubuque Street Elevation and Park Road Bridge Reconstruction Project Staff recommends award of contract to HNTB Corporation for planning, design and engineering services for the Dubuque Street Elevation and Park Road Bridge Reconstruction project. The Not-To-Exceed contract of $4,767,434.36 will include services for project management, public involvement, the environmental assessment as required by the U.S. Economic Development Administration (EDA), and planning and design services to provide bid documents. A Technical Advisory Committee (TAC) was formed for the project and worked to develop a Request for Qualifications (RFQ). Following review and approval by the EDA, the RFQ was publicly advertised and issued on May 24, 2010. The TAC evaluated the six Statements of Qualifications that were received on June 18, 2010 and selected three firms for presentation/interview. The interviews were held July 27, 2010, after which, the TAC selected HNTB Corporation for the project based on qualifications and project specific criteria such as project approach, project alternative analysis, NEPA and environmental experience, key personnel, schedule and bridge /traffic related experience. HNTB is teaming with Stanley Consultants (Muscatine, IA) for roadway and utility design, Terracon (Cedar Rapids, IA) for geotechnical drilling, sampling and lab testing, Tallgrass Historians (Iowa City) for cultural resource investigations and MMS Consultants (Iowa City) for surveying and topographic services. The Environmental Analysis will begin immediately upon contract approval. It is anticipated that design and engineering services will be completed in early Spring 2013 and construction will last until late Fall 2014. The project cost is estimated at $32 million and will be funded by multiple sources: $3 million U.S. Department of Commerce EDA grant allocated to the design and engineering phase (9.3% of total project cost), $1.5 million THUD grant (4.7% of total project cost), and $15.5 million local funds including local option sales tax revenue and General Option Bonds. The Consultant will assist the City with identifying and pursuing additional funding/grant opportunities. This contract includes the planning, design and engineering services for the following: • Park Road 3~d Lane Improvement project • Improvements to Dubuque Street between the Foster Road intersection and the I-80 Interchange Improvements being done by IDOT • Extension of the Iowa River Corridor Trail to the proposed pedestrian bridge over I-80. • Bank stabilization of the Iowa River along the west bank at City Park and additional locations as deemed necessary during the Environmental Assessment. ~~ Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. i n-4A4 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: 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 16th day of November , 20 i n MAYOR Approved by I ~L ATTEST: ~~ . ~;~ T7~-! ~~ wl~~ ~I~`'i ~i,~ CLERK City Attorney's Office p zl to < It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion g Dickens x Hayek x Mims x Wilburn g Wright pweng/res/awrdcon-trueblood Phasel I.doc M~~ i~l~ Prepared by: Melissa Clow, Proj. Admin., 410 E. Washington St., Iowa City, IA 52240; (319) 356-5413 RESOLUTION N0. 10-495 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HNTB CORPORATION TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City desires to elevate Dubuque Street above the 500 year flood event to improve its reliability and eliminate flooding on the roadway, allowing it to remain open during future flood events; and WHEREAS, the City desires to reconstruct and raise the Park Road Bridge above the 500 year flood event to minimize backwater upstream during major flood events and to replace the existing bridge that is in need of structural repairs and traffic capacity improvements; and WHEREAS, the City will address traffic constraints at the Dubuque Street /Park Road intersection, improve intersection geometry throughout the corridor, accommodate safe and convenient connections to the Iowa River Corridor Trail and enhance the multi-modal functions of the entire corridor; and WHEREAS, the City desires the services of a consulting firm to coordinate a NEPA study and prepare preliminary and final design for construction of the Dubuque Street Elevation and Park Road Bridge Reconstruction Project; and WHEREAS, the City has negotiated an Agreement for said consulting services with HNTB Corporation to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with HNTB Corporation of Kansas City, Missouri. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement on file in the City Engineer's Office is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the referenced Consultant's Agreement. Passed and approved this 16th day of November , 2010 MAYOR Approved by ATTEST: ~_ Q~~~ 7~ ~~ CIT ERK ity Attorney's Office ~~ q ~b Pwenglres/Dubuque sl elev - hntb.doc Resolution No. 10-495 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~- x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M~ 13 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. i ~-496 RESOLUTION ESTABLISHING CITY OF IOWA CITY 2011 LEGISLATIVE PRIORITIES WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances economic development and opportunity in Iowa City as well as the State of Iowa; and WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State; and WHEREAS, it is in the interest of the citizens of Iowa City that the City Council establish legislative priorities and convey said priorities to State legislators who directly represent Iowa City, as well as to other State legislators. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its legislative proposals to the Iowa City area legislative delegation for the 2011 Iowa State legislative session as follows: ALCOHOL -LOCAL REGULATORY AUTHORITY The City seeks support for greater local determination in regulating the licensing, sale, service, and consumption of alcoholic beverages. A "Home Rule" approach will allow local government to more effectively address alcohol related problems and issues that are of particular concern in their respective communities. ECONOMIC DEVELOPMENT The City supports the preservation of existing economic development incentives, as well as policies that would enable us to expand our economic development efforts. Of greatest importance is the retention of Tax Increment Financing (TIF) in its current form without further changes or restrictions. We also support a local option of raising the Hotel-Motel Tax from a maximum of seven percent (7%) to nine percent (9%). IOWA LEAGUE OF CITIES and METROPOLITAN COALITION PRIORITIES Iowa City, as a member city of both organizations, supports the legislative priorities set forth by the Iowa League of Cities and by the Metropolitan Coalition for the 2011 legislative session. Of particular concern is the rapidly rising cost to employers to support the Municipal Fire and Police Retirement System and we support efforts to control future costs to the member municipalities. Passed and approved this 16th day of November , 20~,_. ~~~ ~~o, MAYOR Resolution No. t n-496 Page 2 ATTEST: ~~~ CITY RK oved by R ~~ City Attorney's Office It was moved by Cham~~on and seconded by M;m~ the Resolution be adopted, and upon roll call there were: AYES: x ~t X ~- x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Wpdata/mgr/asst/res/20111egis prior.doc