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Home My WebLink About2011-01-10 ResolutionM E c(13) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO 11 -1 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Fast Break - 2580 Naples Avenue The In Zone — 116 E. Washington Street Passed and approved this 10th day of Janua MAYOR ATTEST: fu% CITY CLERK 20 11 Approved by City Attorney's Office j 1 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn _ Wright U 14 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11 -2 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: Bricks Sports Grill - Passed and approved this 10th day of 111 E. College Street Janua MAYOR 20 11 Approved /by ATTEST: �! . k�wb� a� CITY CLERK City Attorney's Office i It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240,(319)356-5044 RESOLUTION NO. 11 -3 yir RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 25, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY2011 ELEVATOR MODERNIZATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 01 -10 -11 5e (l) That a public hearing on the plans, specifications, form of contract, and estimate of cost for the constru Ion of the above - mentioned project is to be held on the 25th day of January, 2010; at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of January , 20 11 ATTEST: . e CITY CLERK Pwe ng /re s /el evatorm od em- setph. d oc 12110 MAYOR Approved by Sara JQLa44.AnytJrC 440 � City Attorney's Office I2421{'so Resolution No. Page 2 11 -3 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion x Dickens Hayek x Mims x_ Wilburn x Wright wpd ata/g lossa ry/resol utio n-ic. doc M "ry o - 5f (l) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED 614 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on December 15, 2000, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 614 Rundell Street, Iowa City, Iowa from a Mortgage recorded December 28, 2000, Book 3027, Page 254 through Page 260 of the Johnson County Recorder's Office. Passed and approved this 10th day of January , 20 11 ( � '- MAYOR ATTEST: ter%%2�� CIT CLERK Approved by City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright 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): Benjamin T. Schmidt and Lisa R. Schlesinger Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 614 Rundell Street, Iowa City, Iowa, and legally described as follows: Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owners, Benjamin T. Schmidt and Lisa R. Schlesinger, to the City of Iowa City represented by a Mortgage recorded December 28, 2000, Book 3027, Page 254 through Page 260 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY LERK STATE OF IOWA ) ► SS: JOHNSON COUNTY ) .tee - n ,� MAYOR Approved by City Attorney's Office On this /D rl, day of ^ J -� AMuAm2 i A.D. 20__LL, 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. it 4 adopted by the City Council on the �D , day JA4,4A 20 / I 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. *10W SONDRAE FORT Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa 10 /d Mfg 5f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -5 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA FOR PROPERTY LOCATED AT 2 THISTLE COURT, 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 December 22, 2009, and recorded on December 28, 2009, in Book 4542, Page 403 through Page 408 in the Johnson County Recorder's Office covering the following described real estate: Lot 139, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, 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 10th day of January 12011 MAYOR Resolution No. 11 -5 Page 2 Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X Bailey Champion Dickens X 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 of 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 Jennifer L. Ruppert (herein the Owner), dated December 22, 2009, recorded December 28, 2009, in Book 4542, Page 403 through Page 408, Johnson County Recorder's Office, covering the foliowing described real property: Lot 139, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 120,000.00 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 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 f0 day of '� aU u 201 —. CITY OF IOWA CITY B Mayor Attest: ) A � City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B Donald R Wells /First Vice President On this io day of Jq , 20 /I , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared M ,2 ,e k and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (@rdimwGe) (Resolution) No. ii- r passed (the Resolution adopted) by the City Council, under Roll Call No. — of the City Council on the i a day of , 20 and that MA -HA!e j ;f. 4 k __ and Marian K. Karr acknowled6ed 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. ��s SONDRAE FORT -� i Commission Number 159791 z r My com fission Expires Notary Public in and for the State of Iowa low aoi LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 7th day of December , 20 10 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald x Wells , to me personally known, who being by me duly sworn, did say that he /she is the First vice President Of University of TA Comm Credit Uni nn that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said lnnna i d R Wei I s acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. /�- (��L %�ZC Notary Public in and for the S ate of Iowa .�R��`s CONNIE J. WELK Connie J Welk i � Commission Number 720951 My commission Expires My Commission expires: February 14, 2012 lylb 5f 3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 1 L 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 FOR PROPERTY LOCATED AT 2073 SHERMAN 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 13, 2009, and recorded on November 16, 2009, in Book 4527, Page 354 through Page 359 in the Johnson County Recorder's Office covering the following described real estate: Lot 1, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, page 132, Plat Records of Johnson County, Iowa. 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 10th day of January 20 11 MAYOR Approved by Resolution No. 11 -6 Page 2 ATTEST: CITY CLERK City Attorney's Office It was moved by Champion, and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x_ Champion x Dickens x Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank of 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 $53,970, and was executed by Patrick J. and Elizabeth A. Fitzgerald (herein the Owners), dated November 13, 2009, recorded November 16, 2009, in Book 4527, Page 354 through Page 359, Johnson County Recorder's Office, covering the following described real property: Lot 1, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $124,450 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 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 i D day of A >z 120 CITY OF IOWA CITY By Mayor Attest: City derk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By On this /D t4 day of a A- , 20 it , before me, the undersigned, a Notary Public in and for the State of to a, personally appeared w '�J; )Va and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ar� (Resolution) No. 11- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /o `A day of "3"a A2 , 20_ZZ__, and that 68 42 w �' Act up. K and Marian K. Karr acknowl dged 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. E4SLp SONDRAE FORT Commission Number 159791 My Com ission Expires Notary Public in and for the State of Iowa bl� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20_L) by ,Tt14 4Owk i" (name(s) of person(s)) as �` >C -L(qh V2(3o, hi'e`�ic �?� 7' (type of authority, e.g, officer, trustee, etc.) of hn (name of party of behalf of whom instruments was executed) . `PEt1A� S KELLY LITWILLER �� Commission Number 742423 z s * My s n E p' es N tary ublic in nd or he State of Iowa My Commission expires: �/� 5f 4 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11 -7 RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER BUILDING ENVELOPE REPAIRS AND ROOF MEMBRANE REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Senior Center Building envelope repairs and roof membrane replacement project, as included in a contract between the City of Iowa City and Jim Giese Commercial Roofing, Inc. of Dubuque, Iowa, 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 $139,403. 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 10th day of January 120 11 A� MAYOR Approved by ATTEST: laa.- 4Ue1W rzxVW CITY CLERK City Attorney's Office 1 .4ZD 11e It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn X Wright Pweng /res /srctr env- roof - acptwork.doc 12/10 J � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 ENGINEER'S REPORT (319) cgov. o Fax www.igov.org December 20, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Senior Center Building Envelope Repairs and Roof Membrane Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that Jim Giese Commercial Roofing Inc., of Dubuque, Iowa has completed the construction of the Senior Center Building Envelope Repairs and Roof Membrane Replacement Project in substantial accordance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa. The required performance and payment bond is on file in the City Clerk's Office. The final contract price is $139,403.00 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer SAENG\ARCHITECTURE FILE \Projects \Senior Center Building Envelope Repairs and Roof Membrane Replacement Project \Engineer's Report_Senior Center Roof doc M1) Prepared by: Ron Knoche, City Engineer, 410 E. Washington Street, Iowa City, IA 52240; (319) 356 -5138 RESOLUTION NO. 11 -8 RESOLUTION _ ACCEPTING THE WORK FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006. 0i--T0---f1- 5f 5 WHEREAS, the Engineering Division has recommended that the work for construction of the Permanent Pavement Marking Project 2006, as included in a contract between the City of Iowa City and All Iowa Contracting Company of Waterloo, Iowa, dated May 10, 2006, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHERAS, the final contract price is $235,525.27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of January -72011, ATTEST: /,/ • ,/ CIT CLERK �5%-�— MAYOR Approved {by_: A vet -A � A rrt'��✓�c.�Jl51S�C 4� iG . City Attorney's Office It was moved by Champion and seconded by be adopted, and upon roll call there were: AYES: X X x x x x NAYS: Mims the Resolution ABSENT: Bailey Champion Dickens Hayek Mims Wilburn x Wright 5 r -*M- ® I L-54=16 ®kll 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 December 22, 2010 City Clerk City of Iowa City, Iowa Re: Permanent Pavement Marking Project 2006 Dear City Clerk: I hereby certify that the construction of the Permanent Pavement Marking Project 2006 has been completed by All Iowa Contracting Company of Waterloo, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff The final contract price is $235,525.27. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 5f 6) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 11 -9 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Bank Repair Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated February 13th, 2009, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Engineer's office. WHEREAS, the final contract price is $42,943.60. 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 10th day of January , 2011. Mayor ATTEST: )2U City tlerk Approved by: 166s. LZ'V�WrA wo� City Attorney's Office 1 21 I0 Resolution No. 11 -9 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata /glossary/resolution -ic. d oc not -• U06 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 December 20, 2010 City Clerk City of Iowa City, Iowa Re: Iowa River Bank Repair Project Dear City Clerk: I hereby certify that the construction of the Iowa River Bank Repair Project has been completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $42,943.60 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, 25, Ronald R. Knoche, P.E. City Engineer 5f 7 Prepared by: Ron Knoche, City Engineer, 410 E. Washington Street, Iowa City, IA 52240; (319) 356 -5138 RESOLUTION NO. 11 -10 RESOLUTION RECOMMENDING ACCEPTANCE OF THE NORTH DODGE STREET IMPROVEMENTS PROJECT BY THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Engineering Division has recommended that the work for construction of the North Dodge Street Improvements Project, as included in a contract between the Iowa Department of Transportation and Metro Pavers, Inc. of Iowa City, Iowa, be accepted by the Iowa Department of Transportation; and WHEREAS, the North Dodge Street Improvements Project is a joint project with the Iowa Department of Transportation and was awarded and administered by the Iowa Department of Transportation; and WHEREAS, the project has been completed in accordance with the approved plans and specifications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the City of Iowa City hereby recommends that said improvements be accepted by the Iowa Department of Transportation. Passed and approved this loth day of January MAYOR ATTEST:T CIT 'CLERK Approved by: ) OA Q- kckl�al City Attorney's Office y (a� I, 0 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright �4-� Prepared by: Ron Knoche, City Engineer, 410 E. Washington Street, Iowa City, IA 52240; (319) 356 -5138 RESOLUTION NO. 11-11 RESOLUTION RECOMMENDING ACCEPTANCE OF THE HIGHWAY 6 IMPROVEMENTS PROJECT BY THE IOWA DEPARTMENT OF TRANSPORTATION. 1 AEOR WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 6 Improvements Project, as included in a contract between the Iowa Department of Transportation and L.L. Pelling Company of North Liberty, Iowa, be accepted by the Iowa Department of Transportation; and WHEREAS, the Highway 6 Improvements Project is a joint project with the Iowa Department of Transportation and was awarded and administered by the Iowa Department of Transportation; and WHEREAS, the project has been completed in accordance with the approved plans and specifications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the City of Iowa City hereby recommends that said improvements be accepted by the Iowa Department of Transportation. Passed and approved this 10th day of January , 2011. MAYOR ATTEST: a �2 % CITY CLERK It was moved by Champion and seconded by be adopted, and upon roll call there were: AYES: NAYS: Approved by: 'Lej- AW4U'ij� City Attorney's Office 12 l2gl Mims the Resolution ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright 1 5f 9 Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 11 -12 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD PHASE 2A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Peninsula Neighborhood Phase 2A, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Peninsula Neighborhood Phase 2A, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this loth day of January , 2011. Mayor Approved by: ATTEST: Are CITY-CLERK City Attorney's Office Resolution No. 11-19 Page 2 It was moved by Champion and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: x x x —x x _x wpdata /g Iossa ry/resolution -ic. d oc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn X Wright � r to 111 A 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 December 21, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Peninsula Neighborhood Phase 2A Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Peninsula Neighborhood Phase 2A have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer CD rn c rn0 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, lA 52240 (3f9) 356 -`�0 � CD RESOLUTION NO. s na RESOLUTION AUTHORI NG CONVEYANCE F A SINGLE FAMILY HOME LOCATED AT 416 DOUGL SS COURT. WHEREAS, the UniverCity Neighb hood Partner ip Program is a joint effort between the University of Iowa and the City to en urage hom ownership and reinvestment in designated neighborhoods surrounding the Univers' y of Iowa; nd WHEREAS, the City has received a $1. milli I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family ome; to provide affordable housing in designated neighborhoods surrounding the University o o a; and WHEREAS, Resolution 09 -384 authorized e City to acquire and rehabilitate properties consistent with the grant agreement for I- bs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and reh ilitated a ingle family home located at 416 Douglass Court, Iowa City; and WHEREAS, the City has received a offer to purcha a 416 Douglass Court for the principal sum of $84,500 (the amount the City paid to acquire th home), plus the "carrying costs ", which are all costs incurred by the Cit to acquire the ho e, maintain it and sell it, including abstracting and recording fees, in erest on the loan to p rchase the home, mowing and snow removal, utilities, real estate 7taxe , an d any costs in exces of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would de affordable housing in a esignated area surrounding the University of Iowa; and WHEREAS, this sale is co ditioned on the family securing adeq to financing for the purchase of the home. WHEREAS, on Dece er 7, 2010, the City Council adopted a Res ution proposing to convey its interest in 416 D glass Court, authorizing public notice of the p posed conveyance, and setting the date and ime for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Resolution No. Page 2 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 416 Douglass Court, legally described as Lot 32, Wise Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance re uired by law. It was moved by and seconded by the Resolution be ado*dd, and upon roll call there were: AYES: NAYS: ABSENT: Bailey m Champion `o Dickens c-) Hayek Mims Wilburn �t Wright N Passed and approved this d of 12010. MA R ATTEST: C CLERK Approved by City Attorney's O ce c- rn n FL9 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -13 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 416 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to purchase 416 Douglass Court for the principal sum of $84,500 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. WHEREAS, on December 7, 2010, the City Council adopted a Resolution proposing to convey its interest in 416 Douglass Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Resolution No. 11 -13 Page 2 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 416 Douglass Court, legally described as Lot 32, Wise Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X— x Passed and approved this 10th Approved by City Attorney's Office ABSENT: Bailey Champion Dickens Hayek Mims Wilburn X Wright day of January , 2011. ATTEST: X-/it.J CITY LERK Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO 11 -14 RESOLUTION ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUISNG AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY11 Annual Action Plan at its meeting on November 18, 2010 to allocate anticipated CDBG program income funds to six public facility and one public service project; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY11 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information and received input at the November 18, 2010 HCDC meeting and the January 10, 2011 public hearing on the proposed amendment; and WHEREAS, adoption of the Amended FY11 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY11 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City's amended FY11 Annual Action Plan, copies of which are on file in the Planning and Community Development Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY11 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this loth day of January , 2011. uo •- Approved b ATTEST: CIT LERK City Attorney's Office ppdcdbg /res /amend FY11AAP.doc Resolution No. 11 -14 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn X Wright wpdata/glossary/resolution - ic.doc Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -15 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SKOGMAN REALTY TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK. WHEREAS, the Airport Commission and the City Council have listed the property known as Aviation Commerce Park ( "ACP ") for sale and lease since 2003; WHEREAS, the current listing agreement expired on December 31, 2010; WHEREAS, six of the seventeen lots have been sold; WHEREAS, the Airport Commission recommends entering into a listing agreement with Skogman Realty; and WHEREAS, it is in the best interest of the City of Iowa City to enter into a listing agreement with Skogman Realty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the Listing Agreement, a copy of which is attached. Passed and approved this lot day of .T;;nijgr4z 12011. Vie` I AA MID] ATTEST: )mac CITY CLERK Approved by a City Attorney's Office Resolution No. 1-15 Page 2 It was moved by Rai ley and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x wpdata/g I ossa ry/resol utio n -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn x Wright LISTING AGREEMENT This Agreement is being made and entered into among Skogman Realty ( "Agent), the City of Iowa City, a municipal corporation, ( "Owner "), and the Iowa City Airport Commission ( "Commission ") in Iowa City, Iowa. RECITALS: Whereas, the Owner desires now to offer the remaining lots in Aviation Commerce Park ( "the lots" or "the Property ") for sale as well as for lease; Whereas, the Owner desires the Commission to recommend to it whether an offer to purchase should be accepted; Whereas, the Owner desires that said lots may still be offered for lease by the Commission with consultation with the Owner; and Whereas, the Agent desires to be the Owner's agent in selling the lots and the Commission's agent in leasing the lots. AGREEMENTS: NOW, THEREFORE, it is agreed as follows: 1. COMMISSION. The Commission has the sole right and authority to review and approve any land lease transaction. Attached, marked Exhibit "A ", and incorporated herein is an agreement for the listing of the lots for lease by Agent. 2. OWNER. The Owner has the sole right and authority to review and approve any land sale transaction. The City Manager may accept an offer to purchase on the contingency that said offer must be approved by the Owner. The Owner may not enter into a land sale transaction without receiving the Commission's recommendation. If the Owner rejects the Commission's recommendation, the Owner and the Commission shall meet to discuss the potential sale transaction, but the Owner maintains the sole right and authority to enter into said transaction. P. SALES AND LEASE PROCEDURES. An outline of the land sales transaction is attached, marked Exhibit "B ", and incorporated herein, and shall be utilized for the sale of the lots. An outline of the land lease transaction is attached, marked Exhibit "C ", and incorporated herein, and shall be utilized' for the lease of the lots. 4. AGENCY. Except as provided in paragraph 16 below, Owner hereby employs Agent and Agent accepts such employment by Owner as the exclusive agent with the sole right and authority, to offer for sale and to sell the land, designated as lots 6-9 and 11 -17 on Exhibit "D" which is attached and incorporated herein. 5. TERM. The term of this Agreement and Agent's employment, right and authority shall be from the date of execution through December 31, 2011. 6. AGENTS RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with slsuelairpordisting agt.doc 1 respect to the sale of the Property. b. To exert Agent's best efforts to perform its obligations under this Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for sale with any local or other appropriate multiple listing services; (ii) advertise the Property for sale in a commercially prudent manner. Agent shall advertise the Property at terms and conditions that have been approved in advance in writing by Owner and attached hereto as Exhibit "E ". C. To submit monthly progress reports to the City Manager and the Airport Manager by the 10th day of each month beginning February 10, 2011 that includes, but is not limited to, the following: (1) advertising activity/ status of marketing; (2) new contacts made with interested parties (the name of the person or business is not required); (3) the status of the contacts identified in the previous report; and (4) the current market information affecting the Property. At the request of Owner, Agent shall attend meetings of Owner relative to the scope of this Agreement, and Agent shall attend meetings of Commission relative to. the scope of this Agreement every other month beginning January 20, 2011 and at other time requested by Commission. d. To solicit active. cooperation from other qualified brokers in the sale of the Property. e. . To use its best efforts to sell the Property at the terms approved by Owner. 7. PAYMENT OF SALE COMMISSION.' Except as provided in paragraph 16 below, Agent acknowledges and agrees that Owner shall be obligated to pay sales commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co- brokerage obligations due any other brokers or sales agents working with Agent, or who have procured for Agent, or referred to Agent, a buyer. 8. OWNER'S RESPONSIBILITIES. Owner hereby agrees as follows: a. During the term of this Agreement, Owner shall pay Agent a sales fee per transaction for a Buyer procured by Agent as follows: 7% of the first $500,000 of gross sales price 6% of the second $500,000 of gross safe price 5% of the next $1,000,000 of gross sale price 3% thereafter b. In addition, Owner shall pay Agent a sales fee, as set forth above, for a sale effected by Owner within 360 days following the termination of this Agreement, provided:. (i) Agent has previously shown the Property to the buyer; (ii) such buyer is included on a written list of prospective buyers submitted to Owner within ten (10) calendar days following the termination of this Agreement. C. Except as specifically set forth herein, to refrain from negotiations with prospective buyers or their agents and to direct to Agent all prospective buyers and their agents, and all brokers, and other persons or entities interested in purchasing the Property. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective buyers and their agents. s/suelairpordistlng agt.doc 2 e. At the time of settlement promptly deliver a complete abstract showing good and merchantable title to the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed. 9. NON - DISCRIMINATION. Agent covenants its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital_ status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Agent shall remain in compliance with all requirements of 49 CFR Part 21, Non - Discrimination in Federally Assisted Programs of the Department of Transportation. 10. TIME OF ESSENCE. Time. is of the essence as to this Agreement and each of its terms and provisions. 11. ASSIGNMENT. Agent shall not assign or allow assumption of this Agreement except with prior written consent of Owner and Commission. In the event this Agreement is assigned by Owner in conjunction with the sale of lots, with such an assignment to occur only with the express consent of Agent, Owner shall be released from liability for all matters arising after the effective date of the assignment. 12. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and: As to Owner shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of City Manager, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. As to Commission shall be delivered by (i) certified mail, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of Airport Operations Specialist, Iowa City Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa 52246. As to Agent shall be delivered by: (i) personal service; (ii) certified mail, return receipt requested or (iii) prepaid Federal Express or other similar overnight delivery service, addressed to: Jeff Edberg, 2530 Corridor Way, Suite 302, Coralville, Iowa 52241. Notice by personal service shall be deemed delivered upon service. Notice by certified mail shall be deemed delivered three business days following deposit of the mailing with adequate postage, addressed to the receiving party's most current address for the purposes of notice, or upon receipt of the certified mailing by the parry to whom directed, whichever first occurs. Notice by overnight delivery service shall be deemed given on the next business day following sending of the notice addressed to the receiving party at their most current address for the purposes of notice. Addresses for purposes of notices may be changed by a party from time to time upon providing formal notice of such change to the other party. 13. AMENDMENT. This Agreement may be modified in writing only, duly signed by ail parties. 14. APPLICABLE LAW. This Agreement is declared to be a contract of the State of Iowa and shall be construed in accordance with the laws of Iowa. 15. ENTIRE AGREEMENT. All negotiations, considerations, representations and s/sue/airpodisting agt.doc 3 understandings, prior proposals or earlier written documents between the parties as to the sale of the Property are incorporated into this Amendment, which contains the entire agreement of the Parties as to the sale of the Property. The Parties agree and acknowledge that no representations, warranties or agreements, other than as set forth in this Amendment have been made by the parties to each other as to the sale of the Property. 16. IOWA REALTY LISTING AGREEMENT. The parties acknowledge that the Property was previously listed with NAI Iowa Realty Commercial and that said listing agreement expired on December 31, 2010. The parties further acknowledge that Paragraph 8b of said listing agreement provides that NAI Iowa Realty Commercial is entitled to a sales fee for a lot sold in 2011 if certain requirements are met. The parties further acknowledge that NAI Iowa Realty Commercial provided the City with a written list of prospective buyers in a letter dated December 28, 2010, a copy of which Agent acknowledges receiving. Agent agrees that it is not entitled to a sales fee if the City sells a lot or lots on or before December 26, 2011 to any entity listed in said letter. s /sue /airportlisting agt.doc 4 CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: __JJ// DU160,-Z62 4K Mari K. Karr, City Clerk THE IOWA CITY AIRPORT COMMISSION H and Horan, Chairperson SKOGMAN REALTY Jeff Edberg, Manager - Commercial Group CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /off day of JA,auaQ 2011, before me, the undersigned, a notary th public in and for e State of Iowa, pe rs4 ally n appeared Mathew 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. c SONDR7res T Commission N58789 My Com Is ow A ved City Attorney's Office s /sue /airportlisting agt.doc Notary Public in and for the State of Iowa CITY OF IOWA CITY aeg!" - - --- Mathew J. Hayek, Mayor Attest: ''`` 9. 9Pz Maribn K. Karr, City Clerk THE IOWA CITY AIRPORT COMMISSION H and Horan, Chairperson CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) roup On this � day of 76mwaW 2011, before me, the undersigned, a notary public in and for the State of Iowa, pera pally appeared Mathew 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 sea] affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and EXHIBIT A This governs the legal relationship ( "Lease Agreement ") between Skogman Realty ( "Agent ") and the Iowa City Airport Commission ( "Commission ") with regard to leasing lots 6 -9 and 11 -17 in Aviation Commerce Park as designated on Exhibit "IT of the Listing Agreement ( "the Property"). 1. TERM. The term of this Lease Agreement and Agent's employment, right and authority shall commence upon execution of the Listing Agreement and terminate upon termination of the listing Agreement. 2. AGENTS RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with respect to the leasing of the Property. b. To exert Agent's best efforts to perform its Obligations under this Lease Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for Lease with any local or I other appropriate multiple listing services; (ii) to place the appropriate signage on the Property; and (iii) advertise the Property for lease in a commercially prudent manner. Agent shall advertise the Property at monthly rentals and terms that have been approved in advance in writing by Commission. c. To submit written monthly progress reports to Commission by the 10th day of each month beginning February 10, 2011. The monthly report shall contain the information set forth in Paragraph 6c above. Agent shall attend meetings of Commission every other month relative to the scope of this Lease Agreement beginning January 20, 2011 and at any other time as requested by Commission. d. To solicit active cooperation from other qualified brokers in the leasing of the Property. e. To use its best efforts to lease the Property at the rentals and upon the terms approved by Commission. f. Agent will not be held liable for the performance of any term, covenant or condition contained in any agreement pertaining to the Property except as set forth in this Lease Agreement and in any other written lease Agreement between the parties. 3. PAYMENT OF LEASING COMMISSION. Agent acknowledges and agrees that Commission shall be obligated to pay leasing commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co- brokerage obligations due any other brokers or leasing agents working with Agent, or who have procured for Agent, or referred to Agent, a tenant. 4. COMMISSION'S RESPONSIBILITIES. Commission hereby agrees as follows: a. During the term of this lease Agreement, Commission shall pay Agent a leasing fee equal to twenty -five cents ($.25) per gross square foot of land area under lease. The leasing fee shall be due and payable in three (3) equal s /suelairpor listing agt.doc 6 annual installments with the first installment due at the time of lease execution and each of the two remaining annual installments due on/or before the subsequent lease execution anniversary dates. b.. In addition, Commission shall pay Agent a leasing fee, as set forth above, for leases executed by Commission within one (1) year following the termination of this Lease Agreement, provided: (i) Agent has previously shown the Premises to that tenant; (ii) Agent has had active negotiations with tenant; and (iii) such tenant is included on a written list of prospective tenants submitted to Commission within ten (10) calendar days following the termination of this Lease Agreement. c. Except as specifically set forth herein, to refrain from negotiations with prospective. tenants or their agents and to direct to Agent all prospective tenants and their agents, and all brokers, and other persons or entities interested in leasing the Premises. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective tenants and their agents. All tenants, lease terms, and lease conditions. shall be approved by Commission, with all leases to be signed by Commission upon Commission's lease form. 5. COMMISSION INDEMNIFICATION OF AGENT. Commission will indemnify, defend and save Agent safe and harmless from all claims in connection with the Property and from liability for damaged property and injuries to or death of any person, except in those cases where the damage to property or injuries or death to persons is caused by, or contributed. to, Agent's willful malfeasance, bad faith, reckless disregard of duty or negligence. stsustairpodisting agt.daa 7 EXHIBIT B Aviation Commerce Park Lot Sale Procedures After Purchase Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Operations Specialist. 2. Agent works with Airport Operations Specialist and City Manager on negotiating favorable terms and conditions, including but not limited to Counter - Offers. 3. Agent forwards copy of final terms and conditions to City Manager and Airport Operations Specialist. 4. City Manager may accept offer contingent upon approval by City Council S. Agent presents Offer, whether or not accepted by City Manager, to Commission for its recommendations. 6. Commission makes recommendation to Owner. 7. If Owner disagrees with Commission's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer prior to Owner's final action, but Owner retains sale right to accept or reject offer: 8. Owner votes on whether to accept offer. stsuetairpordisting agt.doc 8 EXHIBIT C Aviation Commerce Park Lot Lease Procedures After Lease Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Operations Specialist. 2. Agent works with Airport Operations Specialist and City Manager on negotiating favorable terms and conditions, including but not limited to Counter - Offers. 3. Agent forwards copy of final terms and conditions to City Manager and Airport Operations Specialist. 4. Agent presents Offer to Owner for its recommendations. 5. Owner makes recommendation to Commission. 6. If Commission disagrees with Owner's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer prior to Commission's final action, but Commission retains sale right to accept or reject offer.. 7. Commission votes on whether to accept offer. sNuelairpordisting agLdoc 9 ,. A *=U #MV,,oa d we iMid 4"••f Vs Sam. a POIEPNM IM "AM .•..•, ,,:.: Oft : IM7 s _ KM MY _ , Iowa City, ' Ic5wa ctq► CC Im• Cb cob �1ltceas � �, tetra &s..t si0 It t►a$ ` `- lgxri crru rox�. pt,T Io�re Ctk� k = ♦ e'. 14 y T or me up NMM.•. "fir I~ f••• ;' f .�_._� �,.1 __ .r �....� •r. / I fy�/L � {1� � • , DEVEAWW '^OV Vii' AiR • 1 A r ^ �I4i � �� 'j�� ^ • � y ` - - _ . V i r may,, it }i 1 � �• 1Mi�seae'�• .� i+^ Y �S �� ,� • • E•f•1•,� it • �' dM°r i 140 rMI R,Ad1 WT 1 ass � � r • . wi . 1 Yoonlul f• �� ,/: •' 4W YERI! itOCOLfIft ' ' � r rcrrlfuisr e>erMOr , 11••IA pO�'� iiC1YAt �T7lM -Allf 1 �A6 ATItIQ � o.9ear we I �f f gFlpl3Fi'Sy'Ir I{ M 2. LEGEND +AND •,NOTES �. � PRICING O.Or MODEL EXHIBIT E Purchase Price Acres SF 1 1.38 60,076 225,000. . 3.75 5,OLD 2 4.44 193,482 562,000 2.90 -500 -D 3 6.33 275,603 547,500 1.99 SO(-D 4 7.21 313,924 910,000.-, 2.90 516t-D 5 3.17 137,904 420,000. 3.05 SOLD -6 2.18 94,754 465,000 4.91 7 0:97 42,253 210;000 4.87 8 1.25 54,25D 265,000 4.88 9 1.23. 53,761 265,000. 4.93 -10 2A2 . 92,230 430,000 4.66.5;pLZ 11 1.46 .63,429 315,000 4.97 0.81 35,331 175,000 4.95 .12 13 0;90. ' . 39,280 . 195,000 .4.96 U 0.91 39,454 195,000 4.94 15 0A1 391423 195,000 4.95 16 0.89 38,919 195,000 5.01 17 1.67 46,628 230,000 4.93 37.21 1,620,701. 5,799,500 37.21 acres 7.39 acres A6 ve pricing is valid as of September 2007. A is subject to review and adjustment at Commission/Ow_ nWs discretion M. } N` ' •� iY ;se. _-�o /,�, LISTING AGREEMENT This Agreement is being made and entered into among Skogman Realty ( "Agent), the City of Iowa City, a municipal corporation, ( "Owner"), and the Iowa City Airport Commission ( "Commission ") in Iowa City, Iowa. RECITALS: Whereas, the Owner des'kps now to offer the remaining lots in Aviation Commence Park ( "the lots" or "the Property ") for le as well as for lease; Whereas, the Owner desires tlQe Commission to recommend to it whether,�n offer to purchase should be accepted; \ Whereas, the Owner desires that id lots may still be offere7elots a by the Commission with consultation with the Owner; a Whereas, the Agent desires to be the 'ners agent in sellin and the Commission's agent in leasing the lots. REEMENTS: NOW, THEREFORE, it is agreed as fol 1. COMMISSION. The Commission has t e sole right and authority to review and approve any land lease transaction. Attached, marked hibit "A ', and incorporated herein is an agreement for the listing of the lots for lease by gent. 2. OWNER. The Owner has the sole right a d authority to review and approve any land sale transaction. The City Manager may accept a offer to purchase on the contingency that said offer must be approved by the Owner. Th Owner may not enter into a land sale transaction without receiving the Commission's ommendation. If the Owner rejects the Commission's recommendation, the Owner and th Commission shall meet to discuss the potential sale transaction, but the Owner maintains a sole right and authority to enter into said transaction. 3. SALES AND LEASE PROCEDURES. An outl a of the land sales transaction is attached, marked Exhibit 'V, and incorporated herein, a d shall be utilized for the sale of the lots. An outline of the land lease transaction is attached, arked Exhibit "C ", and incorporated herein, and shall be utilized` for the lease of the lots. 4. AGENCY. Except as provided in paragraph 16 belo*, Owner hereby employs Agent and Agent accepts such employment by Owner as the exclusive agent with the sole tight and authority, to offer for sale and to sell the land, designated as lots 6-9 and 11 -17 on Exhibit "D" which is attached and incorporated herein. 5. TERM. The term of this Agreement and Agent's employment; fight and authority shall be from the date Of execution through December 31, 2011. l 6. AGENTS RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with slsuelairport6s5ng agt.doc respect to the sale of the Property. b. To exert Agent's best ei including, but not limited to, enli: and to: (i) list the Property for services; (ii) advertise the Prolx shall advertise the Property at ter in writing by Owner and attached s to perform its obligations under I the efforts and resources o/Ag with any local or other appfor sale in a commercially and conditions that have bee eta as Exhibit "E ". :his Agreement is organization, multiple listing manner. Agent ved in advance C. To submit monthly progress reports to the City Manage and the Airport Manager by the 10th day of each month b inning February 10, 20 that includes, but is not limited to, the following: (1) adve 'sing activity/ status of/ arketing; (2) new contacts made with interested parties (the a of the person or business is not required); (3) the status of the contacts identified in the previous report; and (4) the current market information affecting the Property. At the request of Owner, Agent shall attend meetings of Owner relative to the scope of thi Agreement, and Agent shall attend meetings of Commission relative to. the scope this Agreement every other month beginning January 20, 2011 and at other time req ested by Commission. d. To solicit active. cooperation frlpm other qualified brokers in the sale of the Property. 1 e. To use its best efforts to sell the Property at the terms approved by Owner. 7. PAYMENT OF SALE COMMISSION.` E t as provided in paragraph 16 below, Agent acknowledges and agrees that Owner shall 'be obli ated to pay safes commissions and fees, as set forth below, only to Agent. Agent shall be enti ly responsible for payment and satisfaction of any and all co- brokerage obligations due any o er brokers or sales agents working with Agent, or who have procured for Agerit, or referred to gent, a buyer. 8. OWNER'S RESPONSIBILIVES. Owner hereby\agrees as follows: a. During the term # this Agreement, O*er shall pay Agent a sales fee per transaction for a Buyer procured by Agent as follo s: 7% of t e first $500,000 of gross sal s price 6% of he second $500,000 of gross kale price 5% of the next $1,000,000 of gross sae price 3% ereafter b. In additio , Owner shall pay Agent a sales fee, as set forth above, for a sale effected by Own r within 360 days following the termination of this Agreement, provided: (i) Agent has previously shown the .Property to the buyer,, (ii) such buyer is included on a written list of Orospective buyers submitted to Owner within ten (10) calendar days following the termination of this Agreement. C. Except as specifically set forth herein, to refrain from negotiations with prospective buyers or their agents and to direct to Agent all prospective buyers and their agents, and all brokers, and other persons or entities interested in purchasing the Property. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective buyers and their agents. slsue/airpordisting agt.doc 2 e. At the time of settlement promptly deliver a complete abstract showing good and merchantable title to the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed. 9. NON-DISCRIMINATION. Agent covenants its employees, and agents discriminate against any person in empio religion, color, creed, gender identity, sex, disability, marital status, or age. "Emplo accepting, registering, classifying, pro accommodation" shall include but not be privileges and advantages to the public. Age of 49 CFR Part 21, Non - Discrimination in F Transportation. 10. TIME OF ESSENCE. Time is of the and provisions. ►nt or public accommodation because race, ►nal origin, sexual orientation, mental physical nt" shall include but not be limit to hiring, ing, or referring to employfrient. "Public mited to providing goods, services, facilities, shall remain in compliance with all requirements 1erally Assisted Programs of the Department of as to this Agreement and each of its terms 11. ASSIGNMENT. Agent shall not assign or �llow assumption of this Agreement except with prior written consent of Owner and Commissi . In the event this Agreement is assigned by Owner in conjunction with the sale of lots, with uch an assignment to occur only with the express consent of Agent, Owner shall be released om liability for all matters arising after the effective date of the assignment. o 12. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and, As to Owner shall be delivered by: (i) certified mail, re um receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery servi , in care of City Manager, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa 5 40. As to Commission shall be delivered by: (i) certified m 'I, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delkyery service, in care of Airport Operations Specialist, Iowa City Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa 52246. As to Agent shall be delivered by: (i) personal service; (i4 certified mail, return receipt requested; or (iii) prepaid Federal Express or other similar overntght delivery service, addressed to: Jeff Edberg, 2530 Corridor Way, Suite 302, Coralville, Iowa 5441. Notice by personal service shall be deemed delivered upon se ce. Notice by certified mail shall be deemed delivered three business days following deposit the mailing with adequate postage, addressed to the receiving party's most current address fo the purposes of notice, or upon receipt of the certified mailing by the party to whom direct ,whichever first occurs. Notice by overnight delivery service shall be deemed given on the ne business day following sending of the notice addressed to the receiving party at their most urrent address for the purposes of notice. Addresses for purposes of notices may be changed a party from time to time upon providing formal notice of such change to the other party. 13. AMENDMENT. This Agreement may be modified in writing only, duly signed by all parties. 14. APPLICABLE LAW. This Agreement is declared to be a contract of the state of Iowa and shall be construed in accordance with the laws of Iowa. \ 15. ENTIRE AGREEMENT. slsuelaUp Isft agt.d= All negotiations, considerations, and understandings, prior proposals or earlier written documents between the parties as t the sale of the Property are incorporated into this Amendment, which contains the entire agreement of the Parties as to the sale of the Property. The Parties agree and ackn Wedge that no representations, warranties or agreements, other than as set forth in this A endment have been made by the parties to each other as to the sale of the Property. 16. IOWA REALTY LISTING AGREEMENT. The parties acknowledge th the Property was previously listed with NAI Iowa Realty Commercial and that said listing a Bement expired on December 31, 2010. The parties !her acknowledge that Paragraph b of said listing agreement provides that NAI Iowa Realty mmercial is entitled to a sale fee for a lot sold in 2011 if certain requirements are met. 7 WmWairpordisOing a9tdoc 4 CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk THE IOWA CITY AIRPORT COMMISSION Howard Horan, Chairperson CITY ACKN STATE OF IOWA ) ) SS: JOHNSON COUNTY } SKOGMAN REALTY On this dray of zo public in and for the State of Iowa, personally appear me personally known, who being by me duly sworn, Clerk,. respectively, of said municipal corporation exec that the seal affixed thereto is the seal of said munic signed and sealed on behalf of said municipal corpc that the said Mayor and. City Clerk as such officers. instrument to be the voluntary act and deed of said executed. Approved by City Attorney's Office / stsuelairpordisting agt.doc 5 I WENT nercial Group 1, before me, the undersigned, a notary d Mathew J' Hayek and Marian K. Karr, to id say that they are the Mayor and City ting the within and foregoing instrument; ;i I corporation; that said instrument was ra 'on by authority of its City Council; and ac nowledged that the execution of said cor ration, by it and by them voluntarily Notary PuNic in and for the State of Iowa CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk THE IOWA CITY AIRPORT COMMISSION Howard Horan, Chairperson CITY ACKN STATE OF IOWA SS: JOHNSON COUNTY On this day of public in and for the State of Iowa, personally ap a me personally known, who being by me duly orn, Clerk, respectively, of said municipal corporatirn exe that the seal affixed thereto is the seal of s 'd munic signed and sealed on behalf of said muni pal corpc that the said Mayor and City Clerk ass h officers instrument to be the voluntary act and deed of said executed. Approved by City Attorney's Office i alauatalrpordWnp aut.doc MAN REALTY Group 1, before me, the undersigned, a notary :d Mathew J. Hayek and Marian K. Karr, to did say that they are the Mayor and City uting the within and foregoing instrument; pal corporation; that said instrument was r ion by authority of its City Council; and cknowledged that the execution of said rporation, by it and by them voluntarily Public in and for the State of Iowa EXHIBIT A This governs the legal relationship ( "Lease Agreement ") between Skogman Realty ( "Agent ") and the Iowa City Airport Commission ( "Commission ") with regard to leasing lots 6 -9 and 11 -17 in Aviation Commerce Park as esignated on Exhibit 1Y of the Listing Agreement ( "the Property "). 1. TERM. The term of t is Lease Agreement and Agent's employment, right and authority shall commence upon ex cution of the Listing Agreement and (terminate upon termination of the listing Agreement. 2. AGENTS RESPONSIBIUTIES. Agent hereby agrees as a. To secure and compil� appropriate and respect to the leasing o the Property. b. To exert Agent's best Agreement including, bu Agent's organization, and other appropriate multiple on the Property; and (iii) prudent manner. Agent terms that have been app information with forts to perform its Obligations under this Lease not limited to, enlistiyi g the efforts and resources of to: (i) list the Property for Lease with any local or isting services; (p) to place the appropriate signage dvertise the Property for lease in a commercially h II advertise ,the Property at monthly rentals and "o ed in advance in writing by Commission. c. To submit written monthly pr g each month beginning Feb the information set forth in P of Commission every other Agreement beginning January by Commission. ,s reports to Commission by the 10th day of 14, 2011. The monthly report shall contain raph 6c above. Agent shall attend meetings inth relative to the scope of this Lease M, 2011 and at any other time as requested d. To solicit active cooperation from other qualified brokers in the leasing of the Property. e. To use its best efforts to lease the roperty at the rentals and upon the terms approved by Commission. Agent will not be held liable 'or 'h performance of any term, covenant or condition contained'in any agreemen pertaining to the Property except as set forth in this Lease Agreement and any other written lease Agreement between the parties. 3. PAYMENT OF LEASING COMMISSION. A ent acknowledges and agrees that Commission shall be obligated to pay leasing, commissions nd fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment a d satisfaction of any and all co- brokerage obligations due an other brokers or leasing agent working with Agent, or who have procured for Agent, or referr to Agent, a tenant. 4. COMMISSION'S RESPONSIBILITIES. Commissio�hereby agrees as follows: a. During the term of this lease Agreement, Corn fission shall pay Agent a leasing fee equal to twenty -five cents ($.25) per ross square foot of land area under lease. The leasing fee shall be due and payable in three (3) equal stsustairportlisdng agt.doc 6 annual installments with the first installment due at th time of lease execution and each of the two remaining annual inst ments due on /or before the subsequent lease execution anniversary dat . b. In addition, Commission hall pay Agent a leasing f , as set forth above, for leases executed by Com ission within one (1) ye r following the termination of this Lease Agreemen provided: (i) Agen has previously shown the Premises to that tenant; (") Agent has had a ive negotiations with tenant; and (iii) such tenant is in luded on a wri en list of prospective tenants submitted to Commission within ten (1 calendar days following the termination of this Lease Ag ement. c. Except as specifically set orth her ' to refrain from negotiations with prospective tenants or their agents nd to direct to Agent all prospective tenants and their agents, and all rakers, and other persons or entities interested in leasing the Premises. d. To cooperate with Agent and It permit Agent to conduct all negotiations and other dealings with all prospe ive tenants and their agents. All tenants, lease terms, and lease conditlon shall be approved by Commission, with all leases to be signed by Co ssion upon Commission's lease form. 5. COMMISSION INDEMNIFI ATI N OF AGENT. Commission will indemnify, defend and save Agent safe and hanniesfi frotT all claims in connection with the Property and from liability for damaged property and i udes # or death of any person, except in those cases where the damage to property or injuri s or deoth to persons is caused by, or contributed. to, Agent's willful malfeasance, bad faith, ybckless Isregard of duty or negligence. f t sisuelairpodistng agtdor. 7 EXHIBIT B Aviation Co_ mmerce Park Lot Sale[ Procedures After Purchase Offer has been received by Ag nt: 1. Agent delivers copy of Offer to City Man ger and Airport 2. Agent works with Airport Operations Specialist favorable terms and conditions, includin but not limi d 3_ Agent forwards copy of final terms a d. con ttions Operations Specialist. i Specialist. City Manager on negotiating to Counter - Offers. to City Manager and Airport 4. City Manager may accept offer contingent pbn approval by City Council. 5. Agent presents Offer, whether or not acre led by City Manager, to Commission for its recommendations. 6. Commission makes recommendation to Own r. 7. If Owner disagrees with Commission's recom endation, Commission and Owner shall, within a reasonable period of time, meet an discuss said offer prior to Owner's final action, but Owner retains sale fight to accept o reject offer. 8. Owner votes on whether to accept offer. stsue/airpordisdng agt.doc 8 EXHIBIT C Aviation Commerce Park L.ot L, ase Procedures After Lease Offer has been received by Agent: 1. Agent delivers copy of Offer to City Mana er and Airport Operat' ns Specialist. 2. Agent works with Airport Operations S cialist and C' Manager on negotiating favorable terms and conditions, including b not limited Counter- Offers. 3. Agent forwards copy of final terms and onditi s to City Manager and Airport Operations Specialist. 4. Agent presents Offer to Owner for its recomme dations. 5. Owner makes recommendation to Commis on. 6. If Commission disagrees with Owner's comme dation, Commission and Owner shall, within a reasonable period of time, et and dis uss said offer prior to Commission's final action, but Commission retains ale right to ac ept or reject offer. 7. Commission votes on whether to ccept offer.. III s/sue/airportiisting agt.doc 9 C1 m r. 8 K!.`ili#Dlvanm we W SO L -•t %M ^VvLa" .>t�:.,�ra_►�„►,1_�,,. IowaitV, Ions PLC EMMA= ELL ma cox9mum W. . 193ti 8GQY8.4'II,Biili! rot 4�L at loob � 4w ��otps IOYA erm iolm wo bva � 8o iw IL • qt,�. bwR Qr:2W lotia C1b. k i 1 f7 • 14 1 > ` 1� �"" ca�rr I T �.wmw i 1 idi�'+IIiwir� 1� • r4`` • K .rt.- NO . 1 ------------ ' VA MORIN" I i _ 7w1�MIMy>~ ti � ••. •�.. ' ,100 VW nOW Lw Vowmw Hi0'aC'00'E �DG7.7J' - . o►11K NN �Y * ' . Otl11.1N �, t4litlJ"Y1�3'fI .' LE:q NO BAND •.NOTES to . i x PRICING MODEL Acres SF 1 1.38 60,076 2 4.44 193,482 3 6.33 275,603 4 7.21 313,924 5 3.17 137,904 . 6 2.18 94,754 7 0:97 42,253 8 1.25 54,250 9 1.23. 53,761 -10 2.92. 92,230 .11 1.46 63,429 12 0.81 35,331 13 0-,90, 39,280 14 0.91 39,454 15 0:91 39;423 0.89 38,919 - .16' 17 1.07 46,628 37.21 1,620,701. -1. ' 37.21 acres EXHIBIT E Purchase j Price 225,000 . ,'3.75 Say 562,000.' ' 2.90 .S¢ G-a 547,5 1.99 so(--D 91 00.. 2.90 57OL-D O,Q00. 3.05 SOLD 465,000 4.91 210,000 4.87 265,000 4.88 265,000. 4.93 430,000 4.66. SOLI 315,000 4.97 175,000 4.95 195,000 .4.96 / 195,000 4:94 195,000 4.95 19.5,000 5.01 230,000 4.93 5,799,500 i/ 7.39 acres x } $ aii4ve grit valid as of September 200 7. is subject to review and adjustment at.Commission/Ownees [on understanding ,prior proposals or earlier written documents between the pa es as to the sale of the roperty are incorporated into this Amendment, which cont ns the entire agreement of he Parties as to the sale of the Property. The Parties agree d acknowledge that no repres tations, warranties or agreements, other than as set forth this Amendment have been maid y the parties to each other as to the sale of the Propert . 16. IOWA REA TY LISTING AGREEMENT. The parties ackno edge that the Property was previously liste ith NAI Iowa Realty Commercial and that sai listing agreement expired on December 31, 20 . The parties further acknowledge that aragraph 8b of said listing agreement provides tha NAI Iowa Realty Commercial is entitl to a sales fee for a lot sold in 2011 if certain requireme is are met. s/a Waiirportlisting agtdoc 4 CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk THE IOWA CITY AIRPORT CO ISSION Howard Horan, Chairperson CITY AC STATE OF IOWA ) ) SS: JOHNSON COUNTY } On this day of public in and for the State of Iowa, personals a me personally known, who being by me ly Clerk, respectively, of said municipal cor ratio that the seal affixed thereto is the sea of said signed and sealed on behalf of saidAunicipa SKOGMAN REALTY Jeff Edberg, Manager - Commercial Group that the said Mayor and City Clerk ,/as such officers instrument to be the voluntary act,aind deed of said executed. Approved by City Attorney's Office s/suelairporUMng agt.doc 5 1, before me, the undersigned, a notary ;d Mathew J. Hayek and Marian K. Karr, to did say that they are the Mayor and City uting the within and foregoing instrument; al corporation; that said instrument was it tion by authority of its City Council; and a edged that the execution of said co oration, by it and by them voluntarily Notary Publk in and for the State of Iowa CITY OF IOWA CITY Mathew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk THE IOWA CITY AIRPORT COM Howard Horan, Chairperson CITY AC REALTY �_: .yam STATE OF IOWA ) SS: JOHNSON COUNTY ) i On this day of 011, before me, the undersigned, a notary public in and for the State of Iowa, personally a red Mathew J. Hayek and Marian K. Kan-, to me personally known, who being by me duly swo n, did say that they are the Mayor and City Clerk, respectively, of said municipal to/uch ion a cuting the within and foregoing instrument; that the seal affixed thereto is the seal id mu cipal corporation; that said instrument was signed and sealed on behalf of said mal co ration by authority of its City Council; and that the said Mayor and City Clerk as officers acknowledg ed that the execution of said instrument to be the voluntary act and deed of said rporation, by it and by them voluntarily executed. Public in and for the State of Iowa Approved by City Attorney's Office slweleirwrMsUng act.dw 5 J Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11 -16 RESOLUTION AUTHORIZING THE COMMITMENT OF ECONOMIC DEVELOPMENT ASSISTANCE FUNDS IN THE AMOUNT OF $7,200 PER YEAR FOR TWO YEARS AS A 25% PARKING SUBSIDY FROM ALREADY APPROVED ECONOMIC ASSISTANCE FUNDS TO THE PRESS CITIZEN FOR ASSISTANCE IN THE RELOCATION OF THE HEADQUARTERS OFFICE TO DOWNTOWN IOWA CITY WHEREAS, the Economic Development Policies for Iowa City include diversifying the property tax base by encouraging the retention of existing business, improving the economic health of the community, and considering financial incentives and programs as a means to these ends, and WHEREAS, the Economic Development Strategies for Iowa City include the objectives of fostering the retention of existing businesses and supporting the development of downtown to ensure a healthy mix of businesses including office users; and WHEREAS, the Press - Citizen, the local newspaper employing approximately 40 employees with an average salary above the county average was seeking new office space, and to consider a downtown Iowa City option against others, including those outside of Iowa City, found they could only consider Iowa City with a subsidy equal to 25% of the cost of employee parking for the first two years; and WHEREAS, the City Council approved $100,000 for Economic Development Assistance in the FY11 budget (1000- 448070) and the balance in that line remains $100,000; and WHEREAS, the City Manager wrote in a letter dated December 14, 2010 indicating a commitment by the City to providing those funds from the already approved economic assistance funds to facilitate the Press - Citizen's timely relocation to downtown Iowa City, and WHERAS, the commitment is contingent on the Press - Citizen maintaining employment of at least 35 employees with an average annual salary of $35,000 over the two -year period; and WHEREAS, the City Council Economic Development Committee recommended confirming this commitment (2 -0, Mims absent) at their meeting on December 21, 2010, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council confirms the financial commitment noted above as outlined in the attached letter, with the exception that the minimum employees to be maintained over the two (2) year period shall be 35. Passed and approved this 10th day of January . 2011_• ATTEST: / CITY 'LERK MAYOR Approved..,b- y- �CityAttorne � ffi�e j_ j� _�j Resolution No. 11 -16 Page 2 It was moved by Bailey and seconded by m rkens the Resolution be adopted, and upon roll call there were: AYES: x X X x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn x Wright December 14, 2010 Marc Moen The Moen Group 105 E. College Street Iowa City, IA 52240 Re: Iowa City Press - Citizen location decision Dear Marc: ► r 1 Al IT CITY OF IOWA CITY 410 East Washington Slrcct Iowa Cily, Iowa 52240 -1826 (319)356.5000 (319) 356 -5009 FAX vvwtw.icgov.org This letter will serve to confirm the City of Iowa City's commitment to providing parking associated with the location of the Iowa City Press - Citizen in the Brewery Square Building. Our agreement will be as follows: 1. The City agrees to make available 10 monthly permits in the Market Street lot and 20 monthly permits in Tower Place. These permits will be made available at the market rate, 2. As an economic development incentive, the City agrees to provide a parking subsidy of $7,200 per year for the two -year period beginning when the Press- Citizen begins operation at Brewery Square. 3. The above proposal is conditioned on the Press - Citizen maintaining a minimum of 40 jobs which are based at the Brewery Square location at an annual minimum salary of $35,000 per year, which will be maintained for the two -year period of the economic development incentive. These employment and wage figures have been provided to us by the Press - Citizen, This commitment will be confirmed by the City Council on January 10. We are delighted to be able to work with the Moen Group and the Iowa City Press - Citizen to finalize this arrangement. We are excited to have the Press- Citizen moving to downtown Iowa City. Feel free to contact me if I can be of further assistance, cereIy, To arkus City Manager cc: City Council Eleanor Dilkes Jeff Davidson Wendy Ford mgr /Itrs /m oen 12 -14- t 0. doc r -- '�� p' CITY OF IOWA CITY 13 � MEMORANDUM Date: January 4, 2011 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: January 10, 2011 City Council meeting agenda: Resolution authorizing the commitment of economic development assistance funds for the relocation of the Iowa City Press - Citizen to downtown Iowa City On your January 10 meeting agenda is a resolution authorizing the commitment of economic development assistance funds in the amount of $7,200 per year for two years as an incentive to locate the Iowa City Press - Citizen in Brewery Square. The $7,200 per year is to provide a 25% subsidy of the 30 parking permits for which the Press - Citizen will be paying the market rate. This matter was considered by the City Council Economic Development Committee at their meeting on December 21, 2010 (Mims absent). Their unanimous recommendation was for the City Council to approve the proposed subsidy for the two -year period. We indicated to the Economic Development Committee that the proposal was conditioned on the Press - Citizen maintaining a minimum of 40 jobs which are based at the Brewery Square location at an average annual minimum salary of $35,000 per year, which will be maintained for the two -year period of the economic development incentive. These employment and wage figures were provided to us by the Press - Citizen. In a subsequent conversation with the new managing editor of the Press - Citizen, he indicated his desire to modify the employment condition to a minimum of 35 jobs based at the Brewery Square location at an average annual minimum salary of $35,000 per year. He stated that the Press - Citizen's employment is currently over 40 and it is his hope to maintain a minimum of 40 positions over the next two years. However, he preferred to have the agreement conditioned on a required minimum of 35 jobs. The resolution that you will be considering on January 10 reflects 35 jobs as the minimum to be maintained. Let me know at your January 10 meeting if you have any comments or questions. cc: Tom Markus Wendy Ford ppddi r /mem /PC35jobs01- 03- 11.doc Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. RESOLUTION AUTHORIZINC G THE COMMITMENT OF ECONOMIC DEVELOPM NT ASSISTANCE FUNDS IN TH AMOUNT OF $7,200 PER YEAR FOR TWO YEARS AS A 25% PARKING SUBSIDY FR M ALREADY APPROVED ECONOMIC ASSISTANCE FUNDS TO THE PRESS CITIZ N FOR ASSISTANCE IN THE RELOCATIO OF THE HEADQUARTERS OFFICE TO OWNTOWN IOWA CITY WHEREAS, the Economic C base by encouraging the n community, and considering WHEREAS, the Economic Devel fostering the retention of existing ensure a healthy mix of businesses ment Policies for Iowa City inclu p diversifying the property tax i of existing business, improv�pg the economic health of the incentives and programs qs a means to these ends, and op ent Strategies for Jowa City include the objectives of bus esses and supporting the development of downtown to incl , ing office users; and WHEREAS, the Press - Citizen, the local n wspaFer employing approximately 40 employees with an average salary above the county aver a yeas seeking new office space, and to consider a downtown Iowa City option against others, i iuding those outside of Iowa City, found they could only consider Iowa City with a subsidy equ o 25% of the cost of employee parking for the first two years; and WHEREAS, the City Council appro /d $100,060 for Economic Development Assistance in the FY11 budget (1000- 448070) and t "alance in tl t line remains $100,000; and WHEREAS, the City Manager rote in a letter dateDecember 14, 2010 indicating a commitment by the City to providing thole funds from the alre dy approved economic assistance funds to facilitate the Press - Citizen' imely relocation to down wn Iowa City, and WHERAS, the commit nt is contingent on the Press- itizen maintaining employment of at least 35 employees with an verage annual salary of $35,000 over the two -year period; and WHEREAS, the 'y Council Economic Development C mmittee recommended confirming this commitment (2 -0, Mims absent) at their meeting on Decerr�er 21, 2010, NOW, THE FORE, BE IT RESOLVED BY THE CITY CITY, IOW , THAT: The City ouncil confirms the financial commitment noted s and approved this day of ufr /_ti elV ATTEST: CITY CLERK UNCIL OF THE CITY OF IOWA as outlined in the attached letter. 20 M +9 14 Prepared by: Ronald Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5138 RESOLUTION NO. 11 -17 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE WEST SIDE LEVEE — CRANDIC RAILROAD TO MCCOLLISTER BOULEVARD PROJECT. WHEREAS, the City of Iowa City desires to construct the West Side Levee — CRANDIC Railroad to McCollister Boulevard Project ( "Project ") which includes the construction of an earthen levee along the west bank of the Iowa River, storm sewer and storm sewer pump stations; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and /or easement for the construction of the West Side Levee — CRANDIC Railroad to McCollister Boulevard Project ( "Project ") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and /or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 10th day of January , 2011 Resolution No. 11 -17 Page 2 ATTEST: CITY -LERK MAYOR Approved by Aai,-4. Atex,�� 'k City Attorney's Office 2$ (jo It was moved by rhampj on and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x x Pweng /res /westsidelevee -acq uireprop. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn x Wright r Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5138 RESOLUTION NO. 11 -18 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ENGINEER POSITIONS. WHEREAS, Resolution No. 10 -87, adopted by the City Council on March 23, 2010, authorized permanent positions in the Engineering Division of the Public Works Department for FY11; and WHEREAS, Resolution No. 20 -270, adopted by the City Council on May 10, 2010, established a classification/ compensation plan for Administrative employees; and WHEREAS, the City Council deems it in the public interest to have in -house project management services provided by City employees within the Public Works Department; and WHEREAS, to provide the project management services for special projects related to Flood Recovery projects, it is necessary to add two Special Projects Engineer positions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Engineering Division of the Public Works Department be amended by the addition of two full -time Special Projects Engineers. 2. The Administrative Pay Plan be amended by adding the position of Special Projects Engineer, grade 26. Passed and approved this loth day of January 2011 MAYOR Ap ved by ATTEST: - ITY -ERK ity Attor ey's is It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x_ x x / pweng /res /2specprojengineers.doc Bailey Champion Dickens Hayek Mims Wilburn X Wright r '111 = p CITY OF IOWA CITY 15 , 4 A MEMORANDUM Date: January 4, 2011 To: Thomas Markus, City Manager From: Ron Knoche, City Engineer 4- Re: Special Projects Engineers (Flood Mitigation) Iowa City has identified 18 flood mitigation projects totaling $162.8 million and has secured $96.67 million in state and federal assistance. The pursuit of additional funds continues. The local option sales tax is expected to generate in excess of $30 million over its life. This brings the secured funding level to $126.67 million. Iowa City will endeavor to design and construct funded projects over the next five years. When compared to the pre -flood capital program budgets, this work will effectively double the capital program for the next five years. In September of 2009, the City Council approved the hiring of two Special Projects Administrators to oversee the design and construction of the South Wastewater Plant Expansion and the Dubuque Street and Park Road Bridge Elevation Projects. As the design work for these projects begins, the time available in the schedules of the Special Projects Administrators becomes less. The Engineering Division is requesting the ability to hire two Special Projects Engineer positions to help oversee the design and construction of the flood mitigation projects. The initial focus of these positions will be on the West Side, East Side and Taft Speedway Levee Projects. As schedule allows, they will also be available for other flood mitigation projects. These projects include: the Water Source Protection - Water Plant Site, Rocky Shore Lift Station and Flood Gates, River Street / Arts Campus Lift Station Improvements, Water Main River Crossings, Iowa River Power Dam Repairs and the Iowa River Power Dam Trail Bridge Repairs. The positions are proposed to be in the same salary range of pay grade 26 of the administrative/ confidential pay plan. The salary range including benefits for the positions would be approximately $60,000 to 89,000. The positions would be funded exclusively through the Capital Program budget of the project being worked on. Cc: Rick Fosse, Public Works Director Karen Jennings, Personnel Administrator �e Prepared by: Michael Moran, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5104 RESOLUTION NO. 11 -19 RESOLUTION ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR "CHERISH" COLUMBARIUM NICHES IN OAKLAND CEMETERY. WHEREAS, Section 10 -7 -3 of the Iowa City Code of Ordinances provides for the establishment of a schedule of fees and charges for Oakland Cemetery by resolution; and WHEREAS, the City Council of Iowa City last reviewed and adopted schedules of rates and charges for interments, lot sales and other services in Oakland Cemetery by Resolution no. 09 -238; and WHEREAS, it is in the public interest to set a schedule of fees and charges for the new Cherish Columbarium, as shown on the attachment, which is hereby incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: that the attached schedule of fees and charges is hereby adopted. Passed and approved this 10th day of January , 2011. MAYOR ATTEST: ,�,,..J `le 4cGhL% CITY"'GLERK lct(a pproved by Jkec-rLw vvZj U=' /-//zgg-Z -, City Attorney's Office /)-//// It was moved by Wilburn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright 1/4/11 RATES AND CHARGES OAKLAND CEMETERY Actual cost when overtime is incurred. ** Can accommodate up to four cremation interments. INTERMENTS (City residents) TYPE WEEKDAY PARTIAL WEEKEND/ HOLIDAY (partial = open grave weekday /close weekend or open weekend, close weekda ) FULL WEEKEND/ HOLIDAY (hdl =open & close grave on weekend) Infant $100.00 $150.00 $200.00 Youth $350.00 $500.00 $700.00 Adult $600.00 $800.00 $1000.00 Cremation $200.00 $300.00 $400.00 Columbarium Niches $200.00 $300.00 $400.00 Non - Resident +50% +50% +50% Disinterment Double the appropriate resident /non- resident weekday charge (minimum). EQUIPMENT AND ADDITIONAL SERVICES Tent (optional) $80.00 $160.00 $160.00 Lowering Device (optional) $100.00 $200.00 $200.00 Extra Maintenance - Adult, No Vault $200.00 N/A N/A Finder's Fee NC* $65.00 $65.00 Weekday Overtime Actual Cost N/A N/A LOT SALES TYPE MONUMENT AREAS FLUSH MARKER AREAS Infant N/A $200.00 Youth/Adult $700.00 ** $600.00 ** Cremains N/A $300.00 Forestview Columbarium Niches N/A $700.00 Cherish Columbarium Niches N/A $1,00041,600 (fees are based on placement on wall) Non - resident +50% +50% Actual cost when overtime is incurred. ** Can accommodate up to four cremation interments.