Loading...
HomeMy WebLinkAbout2012-02-21 ResolutionA%� q Sc� Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12 -47 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: It's Brothers Bar & Grill — 125 S. Dubuque Street Sheraton Iowa City — 210 S. Dubuque Street Passed and approved this 21st day of February � 20 12 MAYOR ATTEST: -2%G ,, e 7iL� ( T� CLLERK Approved by City Attorney's Office It was moved b Champion and seconded by Throg orron the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens _ x Dobyns x_ Hayek x Mims x Payne x Throgmorton M5C(l Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12 -48 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: Chicago Dog — 245 S. Gilbert Street Passed and approved this 21st day of February , 2012 MAYOR Approved by ATTEST: OT -CLERK City Attorney's Office It was moved by Champ on and seconded by Throgmarton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x— Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5436 RESOLUTION NO. 12 -49 RESOLUTION AMENDING THE AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHERAS, the City Council passed a Resolution approving Plans, Specifications, Form of Contract and Estimate of Cost for the for the above -named project, establishing amount of Bid Security to accompany each Bid, directing City Clerk to publish Notice to Bidders, and fixing time and place for receipt of bids; and WHERAS, the amount of bid security to accompany each bid was listed to be in the amount of 10% (ten percent) of bid; and WHERAS, the City desires the amount of bid security to accompany each bid in the amount of 5% (five percent) of the bid to create a more competitive bid environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The amount of bid security to accompany each bid for the construction of the above -named project shall be in the amount of 5% (five percent) of bid payable to Treasurer, City of Iowa City, Iowa. Passed and approved this 21st day of February ,2012 MAYOR Approved by ATTEST:�L CITYCLERK City Attorney's Office a It was moved by Champion _ and seconded by Tlhroumortnn the Resolution be adopted, and upon roll call there were: AYES: pwe ng /res /wwtrconsol idation proj.doc 2/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r ®fir CITY OF IOWA CITY 5d(1) A�h RAN D U M Date: February 3, 2012 To: Tom Markus, City Manager From: Rick Fosse, Director of Public Works Re: Wastewater Treatment Facilities Consolidation Project Introduction At the January 24th, 2012 meeting, the City Council passed a Resolution approving Plans, Specifications, Form of Contract and Estimate of Cost for the Construction of the Wastewater Treatment Facilities Consolidation Project, establishing amount of Bid Security to accompany each Bid, directing City Clerk to publish Notice to Bidders, and fixing time and place for receipt of bids. The amount of bid security to accompany each bid was incorrectly listed to be in the amount of 10% (ten percent) of bid. We would like to amend the resolution to list the bid in the amount of 5% (five percent) of the bid. History /Background The City typically uses a bid bond in the amount of 10% for smaller jobs to guarantee the winning bidder will undertake the contract under the terms at which they bid. The industry standard for projects of this size ($39.7M estimated cost) typically use a bid bond in the amount of 5% of the bid. This eases the bonding capacity for contractors interested in bidding the project. Discussion of Solutions Amend the resolution to establish the amount of bid security to accompany each bid to be in the amount of 5% (five percent) of bid. Financial Impact This will create a more competitive bid environment for the is project without exposing the City to additional risk Recommendation Staff recommends amending the amount of bid security in the amount of 5% (five percent) of the bid. Cc: Ron Knoche, City Engineer Dave Elias, Wastewater Superintendent Ben Clark, Special Projects Administrator Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. RESOLUTION ACCEPTING THE FY2012 ASPHALT RESURFACING PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the FY2012 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L.L. Pelling Company, Inc. of North Liberty, Iowa, dated July 5, 2011, 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, funds for this project are available in the Pavement Rehabilitation account #3824; and WHEREAS, the final contract price is $ 753,660.79. 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 21st day of February 2012. Mayor ATTEST: City "Clerk Approved by: IC( C 4-o �- 11 City Attorney's Office a lac 02 -21 -12 5d(2) Resolution No. 12 -50 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x— x x _x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton � r -_" . ® n5N 4 :1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org February 10, 2012 City Clerk City of Iowa City, Iowa Re: FY2012 Asphalt Resurfacing Project Dear City Clerk: I hereby certify that the construction of the FY2012 Asphalt Resurfacing Project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $753,660.79. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer � 5d(3) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -51 RESOLUTION ACCEPTING THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Riverside Drive Flood Repair Project, as included in a contract between the City of Iowa City and L.L. Pelling Company, Inc. of North Liberty, Iowa, dated July 28th, 2009, 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, funds for this project are available in the South Riverside Drive between Riverside Drive / Hwy 6 and Park Road account # 3899; and WHEREAS, the final contract price is $ 42,059.62. 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 21st day of February .1 2012. Mayor ATTEST: 1{,� City 54erk Approved by: City Attorney's Office Resolution No. 12 -51 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton � r III � , 9$"'R CITY OF IOWA CITY 410 East Washin; ton Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.iCgov.or; February 10, 2012 City Clerk City of Iowa City, Iowa Re: Riverside Drive Flood Repair Project Dear City Clerk: hereby certify that the construction of the Riverside Drive Flood Repair Project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $42,059.62. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, RO X _R_ k� Ronald R. Knoche, P.E. City Engineer f 5d(4) Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 12 -52 RESOLUTION ACCEPTING THE WORK FOR THE GILBERT STREET STREETSCAPE PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Gilbert Street Streetscape Project, as included in a contract between the City of Iowa City and Calacci Construction Co., Inc. of Iowa City, Iowa, dated June 6, 2011, 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 funds for this project are available in the Gilbert Street Streetscape account #3815; and Whereas the final contract price is $282,813.24. 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. Passed and approved this 21st day of February , 2012. e4e" �- MAYOR Approved by ATTEST: l /�t/�/ u uuetiti 4ir. CI Y bEERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x —x x pweng /res /acptwork -g i I bertststrescape.doc 2/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 1r , -.�.9kA_ 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.or; Februrary 3, 2012 City Clerk City of Iowa City, Iowa Re: Gilbert Street Streetscape Dear City Clerk: I hereby certify that the construction of the Gilbert Street StreetscapeProject has been completed by Calacci Construction Co., Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $282,813.24. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 5d(5) Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -53 RESOLUTION ACCEPTING THE WORK FOR THE LOWER MUSCATINE ROAD - RESIDENTIAL ELECTRICAL SERVICE CONVERSION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Lower Muscatine Road - Residential Electrical Service Conversion Project, as included in a contract between the City of Iowa City and Homewood Electric, Inc. of Iowa City, Iowa, dated September 9, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Lower Muscatine - Kirkwood to First Avenue account #3803; and WHEREAS, the final contract price is $37,475.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of F hr ,a �: 120 12 ATTEST: ✓ '� CLERK MAYOR Approved by JCity Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x X x Pweng /res /Iwrmusc servconv- acptwork.doc 2/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton �r ::III CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org February 7, 2012 City Clerk City of Iowa City, Iowa Re: Lower Muscatine Road — Residential Electrical Service Conversion Project Dear City Clerk: I hereby certify that the construction of the Lower Muscatine Road — Residential Electrical Service Conversion Project has been completed by Homewood Electric, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $37,475.00. recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Z. K-,,L Ronald R. Knoche, P.E. City Engineer ..�,�,,� - 5d(6) Prepared by: Denny Gannon, Ass't City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO 12 -54 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR NORTHPOINT CROSSING, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC 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 and water main improvements for Northpoint Crossing, as constructed by Dennis Spencer Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Engineer's office; and WHEREAS, the City of Iowa City has notified Dennis Spencer Construction, Inc. of the date on which it will consider acceptance of the aforementioned public improvements. 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 are hereby formally accepted and declared open for public use. Passed and approved this 21 st day of Februar ATTEST: CITY ERK �n MAYOR Approved by 2012. City Attorney's Office ;t /U// �L It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x x pwe ng/res/ac ptwo rk-no rth poi ntcrsg. doc 2/12 Payne Throgmorton ENGINEER'S REPORT February 3, 2012 I ® 4 III,13Ak CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5007 FAX www.icgov.org Honorable Mayor and City Council City of Iowa City, Iowa Re: Northpoint Crossing Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main improvements for Northpoint Crossing has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Engineer's Office for the sanitary sewer and water main improvements constructed by Dennis Spencer Construction, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above - referenced improvements Sincerely, Ronald R. Knoche, P.E. City Engineer pweng /engrpl- northpointcrsg.doc 5d(7) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -55 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D /B /A DONNELLY'S PUB, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, One Ten Properties, LLC, as landlord, and Kmarcella, Inc., d /b /a Donnelly's Pub, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 110 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February , 2012. • "= MAYOR �� -- ATTEST: % 7� • J CITY CLERK Approved by: `' (`3v City Attorney's Office Resolution No. 12- Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _x Dickens x Dobyns x Hayek x Mims x— Payne x Throgmorton sa(a) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO.12 -56 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC, D /B /A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, William and Helen Byington, as landlord, and Little Donkeys, Inc, d /b /a Panchero's Mexican Grill, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 32 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February , 2012. �� MAYOR ATTEST: - ; ) `'' :2L� CIT CLERK Approved by: c� 3"14- City Attorney's Office Resolution No. 12 -56 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x_ Dobyns g Hayek x Mims X Payne x Throgmorton 5d(9) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12_57 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER CELE C. LUBIN REVOCABLE TRUST, AND TENANT MOTIF, LTD D /B /A BO- JAMES, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Cele C. Lubin Revocable Trust, as landlord, and Motif, Ltd, d /b /a Bo- James, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 118 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February , 2012. ATTEST: CIT LERK Approved by: ( --� C-) City Attorney's Office Resolution No. 12 -57 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x —x —x x x x - x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 5d(10) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12-58 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D /B /A STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d /b /a Starbucks Coffee #2855 -IA, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February , 2012. MAYOR ATTEST: �. -� / c1 j CIT LERK Approved by: 7� 0����d City Attorney's Office Resolution No. Page 2 12 -58 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x _ x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 5d(10) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12-58 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D /B /A STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d /b /a Starbucks Coffee #2855 -IA, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February 2012. MAYOR —° ATTEST: �,L/ CIT LERK Approved by: 0�a�,d City Attorney's Office Resolution No. Page 2 12 -58 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _ x Dickens x Dobyns _x_ Hayek x Mims x Payne x Throgmorton SA 5d(11) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -59 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 1900 LLC, AND TENANT TAKANAMI LLC D /B /A TAKANAMI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, 1900 LLC, as landlord, and Takanami LLC, d /b /a Takanami, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 219 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February 2012. ATTEST: af, .i �C 4,1Y4 (! CI CLERK MAYOR Approved b ;t� City Attorney's Office o-) G- Id Resolution No. 12- Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens x— Dobyns x_ Hayek x Mims x Payne X Throgmorton M�- I " 5d(12) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -60 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA TOWERS RESTAURANT LLC D /B /A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Plaza Towers LLC, as landlord, and Etre Plaza Towers Restaurant LLC, d /b /a Formosa Asian Cuisine, as tenant, applied for a renewal of a temporary use of the public right - of -way agreement at 221 College St., #241, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 21st day of February , 2012. MAYOR —v` ATTEST: e. CI CLERK Approved by: City Attorney's Office Resolution No. 12 -60 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _x Payne x Throgmorton /''M1.� Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -61 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LISTING AGREEMENT WITH BLANK & MCCUNE, THE REAL ESTATE COMPANY, TO SELL 928 LONGFELLOW COURT. WHEREAS, the City constructed five, twp -unit condominiums on Longfellow Court and Longfellow Place for sale to eligible buyers through the Affordable Dream Home Program (ADHOP); WHEREAS, the City has sold nine units; and WHEREAS, it is in the best interest of the City of Iowa City to enter into a listing agreement with Blank & McCune, The Real Estate Company, to sell the remaining unit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the City Manager is authorized to sign a listing agreement with Blank & McCune, The Real Estate Company, to sell 928 Longfellow Court. 2. Upon the direction of the City Attorney, the City Manager, or designee, is further authorized to sign documents related to the listing and the sale, such as acceptance of an offer contingent on Council approval, the lead disclosure statement, agency disclosure form, and the ground water hazard statement. Passed and approved this 21st day of February , 2012. AA F •- ATTEST: CI CLERK Approved by City Attorney's Office 5d(13) Resolution No. 12 -61 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton V? "YE 1 J 5d(14) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 1201 MARCY STREET, IOWA CITY, IOWA. WHEREAS, on May 6, 2004, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on January 18, 2005 another Mortgage was executed; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1201 Marcy Street, Iowa City, Iowa from a Mortgage recorded May 28, 2004, Book 3740, Page 679 through Page 683, and recorded January 20, 2005, Book 3837, Page 509 through Page 513 of the Johnson County Recorder's Office. Passed and approved this 21st day of _February , 20 12 64- l MAYOR Approved by ATTEST: 4-) J I L(` CIT LERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns _X_ Hayek X Mims X Payne X Throgmorton 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): Juliann Dalhberg Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1201 Marcy Street, Iowa City, Iowa, and legally described as follows: Lot 19 in Block 1 in E.W. Lucas' Addition to Iowa City, Iowa, according to.the recorded plat thereof from an obligation of the owner, Juliann Dalhberg, to the City of Iowa City represented by two Mortgages recorded May 28, 2004, Book 3740, Page 679 through Page 683; and recorded January 20, 2005, Book 3837, Page 509 through Page 513 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: y - CITY K STATE OF IOWA ) 1 SS: JOHNSON COUNTY ) Approved by City Attorney's Office On this 4l day of FEB12uA A.D. 20 1A , before me, the undersigned, a Notary Public in and for said County, in said State, personally ap eared Mr,- 4h,p,,,7 —J tj cLNQ 1{ 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. /Z, adopted by the City Council on the a/ -`�f day �Z62!!, L , 20 /,A and that the said my'-�An,,o `�- -{=",V\ and Marian K. Karr as such of6cers acknowledged the execution of said instrument to be the voluntary act d deed of said corporation, by it and by them voluntarily executed. R SONDRAE FORT _ Commission Number 159791 M Commission Expires oW 3 7 c10 Notary Public in and for Johnson County, Iowa Sd(15) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -63 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, WEST LIBERTY, IOWA FOR PROPERTY LOCATED AT 1417 BURNS AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $6,097, executed by the owner of the property on May 31, 2007, recorded on June 6, 2007, in Book 4168, Page 635 through Page 640 in the Johnson County Recorder's Office covering the following described real estate: Lot three hundred twenty -four (324) in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, Page 18, Plat Records of Johnson County, Iowa. WHEREAS, MidWestOne Bank is refinancing a mortgage for $52,500 and is securing the loan with a mortgage covering 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, which is the City's original position. 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, West Liberty, Iowa. Passed and approved this 21 st day of Fehriiary _)2019 MAYOR Approved by Resolution No. 12 -63 Page 2 ATTEST:_ CIT -ERK City Attorney's Office It was moved by Champion and seconded by Thrngmnri -nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek X Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, West Liberty, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $6,097, and was executed by Kathryn A. Smithey (herein the Owner), dated May 31, 2007, recorded June 6, 2007, in Book 4168, Page 635 through Page 640, Johnson County Recorder's Office, covering the following described real property: Lot three hundred twenty -four (324) in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, Page 18, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $52,500 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this day of he3RuPtp!g , 20 ia- CITY OF IOWA CITY By `Ulit Mayor Attest: City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By u On this a/ day of Vee.izuAe W , 20 la-- -, before me, the undersigned, a Notary Public in and for the State of Iowa, -l5ersonally appeared , -�4r! and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by. the City Council, under Roll Call No. of the City Council on the 0j s� day of Fr 20 �� and that Ntal �..a (Q ! and Marian K. Karr acknowle ged 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. SONDRAE FORT SO' F� s Commission Number 159791 Notary Public in and for the State of Iowa My commissio^ Expires r 3 Ja/ LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ��. day of 20_[�j , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared X C `'tr2'��.�:�i� %� to me personally known, who being by me duly sworn, did say that he /she is the "! is °s �'_�'�;�- `_�':�;�� -;,` of that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the oluntary act and ed of said corporation, by it and by him /her voluntarily executed. L-M ki Notary P blic i I and for the State of Iowa f�1 My Commission expires: s KELLY LITWILLER aPILIa4 oy Commission Number 742423 /oWp°�2 My Ppmmission Expires f�1 My Commission expires: M �'f 5d(16) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -64 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2073 SHERMAN DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage in the total amount of $53,970 with a balance of $34,540.80, executed by the owners of the property on November 13, 2009, 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 is refinancing a mortgage for $125,000 and is securing the loan with a mortgage covering 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, which is the City's original position. 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 21st day of February , 20_12_ A MAYOR Approved by Resolution No. 12 -64 Page 2 ATTEST: 1 Z. CITY OL-ERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $34,540.80, and was executed by Patrick J. and Elizabeth A. Fitzgerald (herein the Owner), 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 has loaned the sum of $125,000 on a promissory note to be executed by the Financial Institution, 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 dl day of FE-6 V , 20 CITY OF IOWA CITY By Av6N- Mayor Attest: City terk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B J On this a/ day of Cr P, PtLAR 2021,:_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared tIA4C �Ae� �T di e K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. is — passed (the Resolution adopted) by the City Council, under Roll Call No. ---- of the ity Council on the a! S day of fwsR , 20 /.a , and that -/qL e I and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. *0W SONDRAE FORT Commission Number 159791 My Commission Exires 3 �0 2C Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this f ��� day of Ri Lr -120 i , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me J personally known, who being by me duly sworn, did say that he/ h� is the V(+ V-'f"'M2-1, e of ryi r lad z `� ����,�i y; that said instrument was signed on behalf of said t� corporation by authority of its Board of Directors; and that said!?t'r: n.i %�� E� r {ac , acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Nd ry' 'Pu lic in and for the State of Iowa My Commission expires: CV,ROA4 s;" SCOTT SCHROEDER 0� Commission Number 18J383 g z M My Commission Expires t Nth 02 -21 -12 5d(17) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -65 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2641 GABLE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage in the total amount of $53,970 with a balance of $34,540.80, executed by the owner of the property on November 5, 2009, recorded on November 12, 2009, in Book 4526, Page 142 through Page 147 in the Johnson County Recorder's Office covering the following described real estate: Lot 10, 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 is refinancing a mortgage for $122,300 and is securing the loan with a mortgage covering 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, which is the City's original position. 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 21st day of Februa MAYOR Approved by 20 12 Resolution No. 12 -65 Page 2 ATTEST: CITY C K City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Dickens x Dobyns x Hayek Mims Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $34,540.80, and was executed by Darrel P. Kirby (herein the Owner), dated November 5, 2009, recorded November 12, 2009, in Book 4526, Page 142 through Page 147, Johnson County Recorder's Office, covering the following described real property: Lot 10, 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 has loaned the sum of $122,300 on a promissory note to be executed by the Financial Institution, 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: 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. W Dated this a / day of FE6T14AEM 20 /o' CITY OF IOWA CITY By Ayk �4 l Mayor Attest: City C k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By, On this � day of F &?— 20 before me, the undersigned, a Notary Public in and for the State of Iowa, ersonally appeared i\&c,4+%ew —T 14-ue- and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say theff they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ra— is S passed (the Resolution adopted) ��byy the City Council, under Roll Call No. of the City Council on the -.7v day of Fr-uA7 20-Z,�--, and that cL4f p-.) �4a K and Marian K. Karr acknowled ed the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. iAl*01 SONDRAE FORT Commission Number 159791 My Commission Expires Sant .x a 7 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I'/) day of ��t i�� �� 1 20 12 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 142-a6, , ( -r , to me personally known, who being by me duly sworn, did say that he /she is the V 0 (?, r ' ' `�, .�'v. ;� y of ��� ci����`pr'? ��� that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said r�Ct.',l���? acknowledged . i the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. No ary Public in and for the State of Iowa My Commission expires: AL PA4 sSCOTT SC ' OEDER Commission Number 189383 z -I-, M�Commission Expires 01-21 - 7 8) Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5030 RESOLUTION NO. 19-66 RESOLUTION APPROVING AN AMENDMENT TO LEASE WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. TO LEASE AN ACCESS WAY FROM MORMON TREK BLVD. TO THE NORTH /SOUTH RUNWAY. WHEREAS, the Iowa City Airport Commission ( "Commission "), the City of Iowa City, Regennitter Farms, Inc. and Merschman Seeds, Inc. have a lease agreement to provide access from Mormon Trek Blvd. to the area south of the closed, north /south runway; WHEREAS, said lease will expire on February 28, 2012, and Regennitter Farms, Inc. and Merschman Seeds, Inc. would like to extend the term of the lease by one year to February 28, 2013; and WHEREAS, it is in the best interest of the City to amend the term of the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute and attest to a one -year amendment of the lease agreement. Passed and approved this 21st day of February '2012. MAYOR Approved by ATTEST: a CIT LERK City Attorney's Office Resolution No. 12 -66 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -67 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 6, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Sycamore Street - Highway 6 to City Limits account # 3811. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 6th day of March, 2012, at 7:00 p.m. in 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 21st day of February , 2012. ATTEST: % t_j City erk Approved by: 1/,I G OR/ City Attorney's Office Resolution No. 12 -67 Page 2 It was moved by Champion I and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: X x x x x X NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r CITY OF IOWA CITY ®� "j; MEMORANDUM DATE: February 15, 2011 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director RE: U.S. Highway 6 and Sycamore Street Intersection Improvement Project March 6, 2012 Hold Public Hearing / Advertise April 3, 2012 Award Project Introduction: This memo pertains to project plan and specification approval for construction of the U.S. Highway 6 and Sycamore Street Improvement Project. History / Background: The project scope includes improvements to the intersection of U.S. Highway 6 and Sycamore Street to improve safety by correcting lane alignment issues (north to south) and sight visibility issues (east to west). The intersection signal system is also in need of upgrade. Discussion of Solution: This project will include installation of the following: • One (12' wide) lane to Sycamore Street. The additional lane will begin at Highway 6 and end prior to the access drive to Sycamore Mall. • Right turn lane from Highway 6 to southbound Sycamore Street. • Reconstruction of medians at the Highway 6 and Sycamore Street intersection to improve safety for traffic turning onto Sycamore Street. • New traffic signal system. • New retaining wall along the southwest corner of Sycamore Mall property to allow widening of Sycamore Street. • New 8' wide sidewalk along the east side of Sycamore Street from Highway 6 to Deforest Avenue. • New 4" Hot Mix Asphalt overlay through intersection Financial Impact Statement: The engineer's estimate for the project is $1,778,650 and will fall into the CIP budgeted amount under fund # 3811 - 434710 (Sycamore Street — Hwy 6 to City Limits). Other funding sources for the project will include $200,000 in USTEP grant from the State of Iowa, Iowa DOT 3R funds, and Water Revenue. Recommendation: Staff recommends proceeding with holding public hearing and approving plans and specifications on March 6, 2012 for the U.S. Highway 6 and Sycamore Street Improvement Project. cc: Ron Knoche Dave Panos � Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410 RESOLUTION NO. 12 -68 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 6, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Water Mains Crossings Flood Repairs account # 3279. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 6th day of March, 2012, 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 21st day of February , 20 12 MAYOR �^ Approved by ATTEST: "d►000A CITY`CLERK City Attorney's Office;2/� /�Z Pweng /res /setph -i a dverc ross i ng s. doc 2112 Resolution No. 12 -68 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r .® CITY OF IOWA CITY 5e2 MEMORANDUM Date: February 15, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director Re: Iowa River Water Main Crossings Project — February 21, March 6, April 3 Introduction: This project will install two new water mains under the Iowa River. The new mains will be located: 1.) Near the Madison Street /Davenport Street intersection and the University of Iowa Museum of Art 2.) South of the Highway 6 bridge over the Iowa River. History /Background: Currently, there existing water mains under the Iowa River in each of these locations. However, a portion of the existing water mains were exposed and undermined during the flooding in 2008, leaving the water mains exposed to potential damage. Discussion of Solutions: In reviewing the current condition of the existing water mains, two potential solutions were considered: the water mains could be covered with rip rap or new water mains could be bored under the river. FEMA recommended that boring new water mains under the riverbed would provide a better long -term solution, and offered to provide funding for the new water main option. Financial Impact: The estimated construction cost for this project is $290,470 and will be funded with FEMA reimbursements and Water revenues. Recommendation: Staff recommends proceeding with the following schedule for this project: February 21 — Set public hearing March 6 — Hold public hearing April 3 — Award project to contractor April thru December — Construction Cc: Ron Knoche, City Engineer Jason Havel, Civil Engineer Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 12 -69 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 6, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT, DIRECTING THE 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: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 6th day of March, 2012, 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. That a 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 21st day of February 20_12 ATTEST: i ....� CITY ttERK pweng\ res\ setph- TruebloodRecArea- phase3.doc A Pd , MAYOR Appsov� Cit Att riney Office Resolution No. 12 -69 Page 2 It was moved by champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r ��0�, --r,®, CITY O F IOWA. CITY 5e(3) ���l ANN MEMORANDUM Date: February 2, 2012 To: Tom Markus, City Manager From: Michael Moran, Parks & Recreation Director 1;400/d:o�j Re: Terry Trueblood Recreation Area Park Project February 21, 2012 Set Public Hearing March 6, 2012 Hold Public Hearing /Advertise April 17, 2012 Award Project Introduction: This project consists of building the last Phase of the TTRA park project. History /Background: The development of the Terry Trueblood Recreation Area is a three phase project. The first two phases have been completed which includes the Marina building, trails and park shelters. Discussion: This phase will be the last of three to develop the TTRA Park. This phase will include the building of the park lodge, parking, shelters, canoe and fishing jetty's and nature playground. Financial Impact: The anticipated cost for this phase of the project is 3.7M and will finish the park. The funding sources include private fundraising, Vision Iowa Grant monies; REAP grant and City of Iowa City CIP monies allocated over the past three years. Recommendation: The Parks and Recreation Department recommends approval of this resolution. Cc: Ron Knoche Josh Slattery r•- x M4-3 ., d RESOLUTION NO. 12 -70 A RESOLUTION RELATING TO THE ISSUANCE OF NOT TO EXCEED $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012, OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS; (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS; AND (4) AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter "Issuer "), is authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act ") to issue revenue bonds or notes and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, and improving land, buildings and improvements for a "project," as that term is defined in the Act, specifically including a project which is suitable for use for a purpose authorized under the Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185, within or within eight (8) miles of Issuer; and WHEREAS, the Issuer has been requested by Iowa Cancer Cure, L.L.C. an Iowa limited liability company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower "), to authorize and issue its Midwestern Disaster Area revenue bonds (the "Bonds ") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing and improving an approximate 24,000 square foot, two story medical office building for use as a radiation oncology clinic and other medical uses located at 3010 Northgate Drive, Iowa City, Iowa, together with all incidental items and paying the costs of issuance of the Bonds (hereinafter "Project "), which Project will be owned and operated by Borrower; and WHEREAS, based upon representations of the Borrower, the Issuer has determined that the amount necessary to defray all or a portion of the cost of the Project, including necessary expenses incidental thereto, will require the issuance by the Issuer of not to exceed $5,376,250 in aggregate principal amount of its Midwestern Disaster Area Revenue Bonds pursuant to the provisions of the Act and it is proposed that the Issuer loan the amount received from the sale of the Bonds to Borrower under a loan agreement between the Issuer and Borrower pursuant to which loan payments will be made by Borrower in amounts sufficient to pay the principal, interest and premium, if any, on the Bonds when due; and WHEREAS, the Bonds shall be limited obligations of the Issuer and shall not give rise to a pecuniary liability of the Issuer or be a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, the Issuer and the Borrower desire to comply with the requirements of Treasury Regulation Section 1.150 -2 (the "Regulations ") with respect to the Project prior to or within sixty (60) days of the commencement of acquisition and construction of the Project; and {01177480.DOC} WHEREAS, there has been presented to the City Council (the "Governing Body ") a Memorandum of Agreement, attached hereto as Exhibit "A," which sets forth the mutual representations and agreements between the Issuer and Borrower relating to the further processing and issuance of the Bonds, and the Issuer believes it desirable that the Memorandum of Agreement be executed for and on behalf of the Issuer; and WHEREAS, before the Bonds may be issued, it is also necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on March 20, 2012, at 7:00 p.m., before the City Council of the City of Iowa City, Iowa in the Council Room, City Hall, 410 E. Washington Street, Iowa City, IA 52440 on the proposal to issue not to exceed $5,376,250 in aggregate principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012, pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquiring, constructing, and improving the Project, including all necessary incidental expenses, and allowing all local residents who appear at the hearing to be given an opportunity to express their views for or against the proposal to issue the Bonds and at the conclusion of the hearing, the City Council shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Section 2. The City Clerk is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa City Press Citizen a newspaper published and having a general circulation within the City, a Notice of Intention to issue the Bonds. The Notice shall be in substantially the following form: (01177480.DOC) Publish 3/2 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012 Notice is hereby given that the City Council of the City of Iowa City, Iowa, (hereinafter "Issuer ") will meet on the 20th day of March, 2012, in the Council Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52240 at 7:00 p.m. and hold a public hearing on the proposal to issue not to exceed $5,376,250 principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project), Series 2012, (hereinafter "Bonds ") pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, and Sections 103, 141 -150 and 1400N of the Internal Revenue Code of 1986, as amended, for the purpose of defraying all or portion of the cost of acquiring, constructing and improving an approximate 24,000 square foot, two story medical office building for use as a radiation oncology clinic and other medical uses located at 3010 Northgate Drive, Iowa City, Iowa, together with all incidental items and paying the costs of issuance of the Bonds. The proposed facilities will be owned and operated by Iowa Cancer Cure, L.L.C., a limited liability company organized and existing under the laws of the State of Iowa (hereinafter "Borrower "). If the Bonds are issued, a Loan Agreement will be entered into between the Issuer and Borrower wherein the Issuer will loan to Borrower the proceeds from the sale of the Bonds in return for loan payments from Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall become due and payable. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the Loan Agreement and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. All local residents who appear at the public hearing or any adjournment thereof, shall be given an opportunity to express their views for or against the above stated proposal and, at the meeting or any adjournment thereof, the City Council of the City of Iowa City, Iowa shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted by the time of the above hearing, to the Issuer at City Hall, 410 E. Washington Street, Iowa City, IA 52240. By Order of the City Council this 2nd day of March, 2012. s /MARIAN K. KARR, City Clerk NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DISA TER AREA REVENUE BONDS (IOWA CA ER CURE PROJECT) SERIES 2012 Notice is hereby given that the City Council of the City of Iowa City, Iowa, (hereinafter' ssuer ") will meet on the 20` day of March, 2012, in the Counci Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52440 at 7:00 p.m. and hold a public earing on the proposal to issue , of to exceed $5,376,250 principal amount of the Issuer's Midwes ern Disaster Area Revenue nds (Iowa Cancer Cure Project), Series 2012, (hereinafter "Bonds ") pu suant to the provisions o hapter 419 of the Code of Iowa, as amended, and Sections 103, 141 -150 and 1400N of the Internal evenue Code of 1986, as amended, for the purpose of defraying all or portion the cost of acquir. g, constructing and improving an approximate 24,000 square foot, two story medical office building r use as a radiation oncology clinic and other medical uses located at 3010 Northga Drive, Iow City, Iowa, together with all incidental items and paying the costs of issuance of th Bonds. e proposed facilities will be owned and operated by Iowa Cancer Cure, L.L.C., a limited liabili com any organized and existing under the laws of the State of Iowa (hereinafter "Borrower "). If the B nd re issued, a Loan Agreement will be entered into between the Issuer and Borrower wherein the Issue ill loan to Borrower the proceeds from the sale of the Bonds in return for loan payments from Borrow sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall b o e due and payable. Such Bonds, if issued, and the interest thereon ill be pa able solely out of the revenues derived from the Loan Agreement and shall never constitute indebtedn ss of the Issuer within the meaning of any state constitutional provision or statutory limitation and shall t constitute nor give rise to a pecuniary liability of the Issuer or become a charge againsfits general credit or taxing powers. All local residents who appear at tfie public hearing or any adjournment thereof, shall be given an opportunity to express their views for or against the above tated proposal and, at the meeting or any adjournment thereof, the City�Council of the City of Iowa qity, Iowa shall adopt a resolution determining whether or not to proce - with the issuance of the Bonds. ritten comments may also be submitted by the time of the above, Baring, to the Issuer at City Hall, 410 V. Washington Street, Iowa City, IA 52440. By Order of the/City Council this day of February, 20 MARIAN K. KARR, City Clerk (01177480.DOC) Section 3. Based upon representations of the Borrower, the Issuer declares (a) that the Borrower proposes to undertake the Project, (b) that except for (i) expenditures aggregating no more than the lesser of One Hundred Thousand Dollars ($100,000) or five percent (5 %) of the proceeds of the Bonds, (ii) preliminary expenditures (as described in the Regulations) in an amount not to exceed twenty percent (20 %) of the issue price of the Bonds, (iii) other expenditures made not earlier than sixty (60) days before the date hereof, and (iv) expenditures made within the period of June 13, 2008, to December 31, 2009, no expenditures for the Project have been made by the Borrower and no expenditures will be made by the Borrower until after the date hereof, and (c) the Borrower reasonably expects to reimburse the expenditures made for costs of the Project with the proceeds of the Bonds. This Resolution is a declaration of official intent with respect to the Project as described in the Resolution adopted pursuant to Section 1.150 -2 of the Regulations under the Code. Section 4. In order to assure the acquisition, construction, and improvement of the Project in the City, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A," incorporated by reference herein, be approved and that the Mayor or Mayor Pro Tempore of the City Council be and hereby is authorized and directed to execute the Memorandum of Agreement and the City Clerk or her deputy be and hereby is authorized to attest the same and to affix the seal of the Issuer thereto. Section 5. The officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 6. This Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 21 s t day of February, 2012. CITY OF IOWA CITY, IOWA (Corporate Seal) n MATTHEW NAYEK, Mayor ATTEST: MAP4AN K. KARR, City Clerk {01177480.DOC} Resolution No. 12 -70 Page 5 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens x Dobyns _x Hayek x Mims x Payne x Throgmorton CITY CLERK'S CERTIFICATE I, MARIAN K. KARR, do hereby certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, Iowa, and that I have in my possession or have access to the complete corporate records of the City and its City Council and officers and that I have carefully compared the transcript hereto attached with the official records and that the attached transcript is a true, correct and complete copy of all the corporate records showing action taken by the City Council of the City of Iowa City, Iowa at a meeting open to the public on February 21, 2012, relating to the issuance of not to exceed $5,376,250 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012, of the City of Iowa City, Iowa, declaring intent to reimburse expenditures from proceeds of said Bonds, setting a date for a public hearing on the proposal to issue the Bonds, directing publication of the Notice of Intention to issue the Bonds and authorizing execution of the Memorandum of Agreement and that the proceedings remain in full force and effect and have not been amended and rescinded in any way; that the meeting and all action thereafter was duly and publicly held in accordance with the notice of meeting and tentative agenda as required pursuant to the rules of the City Council and the provisions of the Code of Iowa. 5'- WITNESS my hand and the Corporate Seal of the City of Iowa City, Iowa hereto affixed this d� day of February, 2012. (Corporate Seal) MARIA I KARR, City Clerk {01177480.DOC} I +n i EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (hereinafter "Agreement ") between the CITY OF IOWA CITY, IOWA, (hereinafter "Issuer") and IOWA CANCER CURE, L.L.C., a limited liability company organized and existing under the laws of the State of Iowa (hereinafter "Borrower "). STATEMENT OF UNDERSTANDING WHEREAS, the Issuer and Borrower acknowledge that Midwestern Disaster Area Revenue Bonds issued by Issuer are subject to Section 265 of the Internal Revenue Code of 1986, as amended. RECITALS WHEREAS, the Issuer is authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act ") to issue Midwestern Disaster Area revenue bonds or notes and loan the proceeds from the sale of said bonds or notes to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, and improving land, buildings and improvements for a "project," as that term is defined in the Act, specifically including a project which is suitable for a purpose that is eligible for financing from Midwestern Disaster Area bonds authorized under the federal Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185, together with any other financing necessary or desirable in connection with such purpose; and WHEREAS, the Issuer proposes to issue Midwestern Disaster Area revenue bonds (hereinafter "Bonds ") and to loan to Borrower the proceeds from the sale of the Bonds to enable borrower to finance the cost of acquiring, constructing and improving an approximate 24,000 square foot, two story medical office building for use as a radiation oncology clinic and other medical uses located at 3010 Northgate Drive, Iowa City, Iowa, together with all incidental items and paying the costs of issuance of the Bonds (hereinafter "Project"), which Project will be owned and operated by Borrower; and WHEREAS, it is considered essential that acquisition and construction related to the Project commence at the earliest practical date, and orders be placed for acquiring, constructing and improving the Project. However, the Borrower desires satisfactory assurances from the Issuer that the proceeds from the sale of the Issuer's Bonds which, when issued, will be issued to finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project, including the necessary expenses related to the issuance of the Bonds. The amount of the Bonds suggested to be issued is presently estimated not to exceed $5,376,250; and WHEREAS, the City Council has indicated their willingness to proceed with and effect the financing as an inducement to Borrower to locate the Project in or within eight (8) miles of City and the City has advised Borrower that, subject to the terms of this Agreement, due compliance with all requirements of law and the obtaining of all necessary consents and approvals of any and all kind or manner to consummate this transaction and realize the Project, the Issuer will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. NOW, THEREFORE, based upon the foregoing premises and the agreements and representations contained herein, it is hereby agreed between the Issuer and Borrower: (01181036.DOC) 1. UNDERTAKINGS ON THE PART OF THE ISSUER. The Issuer represents, covenants and agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $5,376,250. (b) That it will cooperate with Borrower to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Borrower with respect to the Project, all as shall be authorized by law and mutually satisfactory to the Issuer and the Borrower. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of, premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 2. UNDERTAKINGS ON THE PART OF THE BORROWER. The Borrower represents, covenants and agrees as follows: (a) It will cooperate with the Issuer to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Issuer and the Borrower. (b) Except as permitted by Treasury Regulation 1.150 -2, it has not, prior to the date sixty (60) days prior to the declaration of official intent by Issuer, acquired or commenced construction of the Project, or any part thereof, and has not paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. (c) Contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the Issuer under the terms of which the Borrower will obligate itself to pay to the Issuer sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provisions as shall be mutually acceptable to the Issuer and the Borrower. (d) It will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuance thereof. (01181036.DOC} 2 3. GENERAL PROVISIONS. (a) All commitments of the Issuer under paragraph l hereof and of the Borrower under paragraph 2 hereof are subject to the condition that on or before December 31, 2012, (or such other date as shall be mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 2 and the proceedings referred to in paragraphs I and 2 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Borrower agrees that it will reimburse the Issuer for all reasonable and necessary direct out -of- pocket expenses which the Issuer may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the Issuer of its obligations hereunder, or done at the request of the Borrower and pay such fees as Issuer may impose. (c) All commitments of the Issuer hereof are further subject to the conditions that the Issuer, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) Preparation of all resolutions, agreements, instruments, certificates or other documents in final form for adoption and execution shall be the sole responsibility of Bond Counsel, subject to review of Counsel to the Issuer. (e) Counsel for the Issuer shall timely opine the non - existence of threatened litigation, pending litigation or claims with respect to the proposed Bond issue and render such other opinion regarding the proceedings and the regularity thereof. All other attorney's opinions or certificates with respect to issuing authority, non - arbitrage, regularity of proceedings, or otherwise shall be the responsibility of Borrower's Counsel or Bond Counsel. (f) All commitments of the Issuer hereunder are further subject to the condition that the Bonds will only be issued if the Issuer determines that such issuance will not cause the Issuer to lose its qualification as a "qualified small issuer" within the meaning of Section 265(b)(3)(C) of the Internal Revenue Code in any year. (g) The execution of this Memorandum of Agreement by the Issuer, including paragraph 1 hereof, is not intended to nor does it create a binding commitment on the part of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and compliance with all provisions of the Act and the Code, including the holding of a public hearing with respect thereto, and the receipt by Borrower of an allocation of Midwestern Disaster Area bonds from the Iowa Finance Authority and such determination and designation as may be required with respect to the Bonds. 101181036.DOC} (h) This Memorandum of Agreement may be executed in any number of original counterparts, all of which evidence only one Agreement, and only one of which need be produced for any purpose. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] {01181036.DOC) [SIGNATURE PAGE TO MEMORANDUM OF AGREEMENT] IN WITNESS WHEREOF the parties hereto have entered into this Memorandum of Agreement by their officers thereunto duly authorized as of the % 1 G t day of February, 2012. CITY OF IOWA CITY, IOWA (Corporate Seal) By k'I MATTHEW J�Mayor ATTEST: , -) & �YU,,,f, N Xk K. KARIZ, City Clerk IOWA CANCER CURE, L.L.C. CA {01181036.DOC} 5e(4) MEMORANDUM TO: City Council of Iowa City FROM: Dean A. Spina, Bradley & Riley PC, dspina @bradleyriley.com RE: Midwestern Disaster Area Bond Financing DATE: February 2, 2012 Iowa Cancer Cure, L.L.C., and Doctors Hamed Tewfik and Ferial Tewfik, request the City of Iowa City issue a Midwestern Disaster Area tax - exempt bond in the amount of $5,376,250 for purposes of constructing a radiation oncology clinic office building at 3010 Northgate Drive, Iowa City, Iowa. In response to the 2008 floods, Congress authorized Midwestern Disaster Area tax - exempt bond financing for projects located in 78 counties in Iowa. Tax - exempt bond financing enables a business to borrow money for a capital project at an interest rate that is approximately 75% of the interest rate on conventional financing. The special tax - exempt bond financing authorized by Congress is similar to special bond financing Congress authorized following Hurricane Katrina and the 911 attack. The Midwestern Disaster Area bond financing came about because of the diligent work of the Iowa Congressional delegation. Iowa was provided $2.615 Billion of Midwestern Disaster Area bond capacity. In 2009, the Iowa Legislature amended Iowa Code Chapter 419, Municipal Support of Projects, to empower cities in 78 counties in Iowa, including all cities in Johnson County, to issue revenue bonds for projects that qualify for Midwestern Disaster Area bond financing. By Executive Order, the Governor delegated to the Iowa Finance Authority the power to decide which projects may be awarded a Midwestern Disaster Area bond allocation. Projects that qualify for an allocation of Midwestern Disaster Area bond financing involve the acquisition of land and the construction of new buildings, or the acquisition of an existing building provided there is substantial rehabilitation of the building. Buildings may be used for most office, commercial, industrial, and warehousing purposes. Under Iowa Code chapter 419, a city issues a special limited obligation revenue bond and agrees to loan the proceeds of the bond to a private business for a qualifying project. The obligation of the Issuer is a limited one and the obligation is not an indebtedness of the Issuer within the meaning of any debt limit, nor does it constitute or give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. By participating in a Midwestern Disaster Area bond financing, the City of Iowa City provides an opportunity for a project to be realized at a substantially lower cost of financing. Any expense of the City with respect to the bond financing is paid by the Borrower, Iowa Cancer Cure, L.L.C. The building will be occupied by Iowa City Cancer Treatment Center, L.L.C. Thank you. 10 1177440. DOC } /{ 4� 5e(5) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356 -5053 RESOLUTION NO. 12 -71 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 6, 2012 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2012, THROUGH JUNE 30, 2013, THE PROPOSED THREE -YEAR FINANCIAL PLAN FOR FY2013 -2015, AND ALSO THE MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing on said proposal should be and is hereby set for March 6, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law, to permit any taxpayer to be heard for or against the proposed FY2013 Operating Budget and the Proposed FY2013- FY2015 Financial Plan and also the multi- year Capital Improvements Program through Fiscal Year 2016. Passed and approved this 21st day of February , 20 12 f�it�Cl MAYOR Approved by ATTEST: . CITY\CtERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton finadm \budget\pubhrg FY12.doc L5 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -72 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD STREET. 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 -six 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 320 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to purchase 320 Fairchild Street for the principal sum of $185,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 320 Fairchild Street, Iowa City, Iowa, also known as the West half of Lot 7 in Block 55, for the sum of $185,000, plus the "carrying costs ". Resolution No. 12 -72 Page 2 2. A public hearing on said proposal should be and is hereby set for March 6, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It.was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne Throgmorton Passed and approved this 21st day of February 2012. n MAYOR ATTEST: I CITY 6L -.ERK Approved by City Attorney's Office Z 5e(7) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -73 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR STREET. 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 -six 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 336 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 336 South Governor Street for the principal sum of $180,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 336 South Governor Street, Iowa City, Iowa, also known as a tract in Outlot 1, described as part of Lot 1, Block 2, Berryhill's 2nd Addition, for the sum of $180,000, plus the "carrying costs ". Resolution No. 12 -73 Page 2 2. A public hearing on said proposal should be and is hereby set for March 6, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _ x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 21st day of February , 2012. ns6a ";;:z MAYOR ATTEST: 2k4,� -) -, /y CITY LERK Approved by `y , c) ' I C -1,i, City Attorney's Office Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 6 -5251 RESOLUTION NO. O� A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION ON THE CENTRAL DISTRICT PLAN MAP FROM OFFICE COMMERCIAL TO HIGH DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide setting forth a vision, goals and objectives for future development or redevelopment throughout the city and for preserving valuable assets already present within established neighborhoods and by providing notification to the public regarding intended uses of land; and WHEREAS, a component of the Comprehensive Plan is the Central District Plan, which contains policies and a land use plan map, which is intended to be used as a general guide to future land use and development in the Central District; and WHEREAS, the Central District Plan Map depicts the property at 821 E. Jefferson Street as appropriate for Office Commercial; and WHEREAS, Prime Ventures Construction has requested that the Central District Plan Map be amended to change the land use designation of the property at 821 E. Jefferson Street from Office Commercial to High Density Multi - Family; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed change in the Plan Map and has recommended that it be denied based on evidence presented in the record that allowing additional high density multi - family residential in this area would be de- stabilizing to the existing neighborhood in an area where the Central District Plan establishes a goal to achieve a healthy balance of rental and owner- occupied housing to promote long -term investment, affordable housing opportunities, and preservation of historic homes and neighborhoods; WHEREAS, the City Council has reviewed the record and held additional public hearings and consulted with the Planning and Zoning Commission and counter to the Planning and Zoning Commission's recommendation has determined that a High Density Multi - Family designation is the appropriate plan map designation for this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan, Central District Plan, is hereby amended to change the land use designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street. Passed and approved this day of , 2012. Mayor ATTEST: City Clerk Approved by: City Attorney's Office Marian Karr From: Michael J. Pugh <mpugh @bradleyriley.com> Sent: Thursday, February 16, 2012 8:54 AM To: Marian Karr; Jeff Davidson Cc: Delisa A. Baker; garydwatts @yahoo.com Subject: Jefferson Street (REZ11- 000018) Hi Marian- The applicant, Prime Ventures Construction, Inc. is requesting the City Council withdraw this matter from the Council's agenda. Thank you. Mike Michael J. Pugh Attorney BRADLEY & RILEY PC ATTORNEYS & COUNSELORS One South Gilbert Street Iowa City, Iowa 52240 -3914 Phone: (319) 358 -5562 Fax: (319) 358 -5560 Ward I Email I www.bradleyriley.com Please consider the environment before printing this email. Notice: Since email messages sent between you and Bradley & Riley PC and its employees are transmitted over the Internet, Bradley & Riley PC cannot assure that such messages are secure. You should be careful in transmitting information to Bradley & Riley PC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with Bradley & Riley PC. This message is covered by the Electronic Communication Privacy Act, 18 U. S. C. Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney- client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein or any attachments hereto. T0: The Iowa City City Council Subject: Amending the comprehensive plan for 821 Jefferson ZI To whom it may concern: ry We are asking that the comprehensive plan not be changed from office commercial fo high density multi - residential Although this zone maybe in keeping with the property just to the east and west of this property, it has little compatibility with the zones surrounding these lots The focus of the RM44 zone is to establish areas for the development of high density multi - family dwellings. There is'no mention of neighborhood, the main emphasis of the. RNS20) and the RNS 12 zones. The RNS 12 zone was created to stabilize certain existing residential.neighborhoods by preserving the predominately single family residential character of these neighborhoods. The purpose of the RNS20 zone is to stabilize and preserve the character of older neighborhoods. The RM44 zone has had a long history of detrimental effects on the areas surrounding it, which makes sense when you read the zoning code. The focus of these two zones have no common goals. For fifty years the city has tried to make these zones work together. It has never been. successful. Right now the planning and zoning department has been directed to look into the RM44 zone to see if it should be done away with or major changes made to it because of it's history. This is our neighborhood. We want it to continue to be a welcoming, safe place that attracts long term residents. Without long term residents who are committed to their homes and the neighborhood there is no neighborhood. Please help us in our efforts to maintain our neighborhood. 4P Z. . n /1 /wn/ o ' / �✓ Y V �. C0-V(A-k-1&) KNe5 IzI E,Jeq-e,(so-n Iol -7 L.� Eli ..�._ .fit.!', -��Z- Z�� ��?`�'"��i�� -°�, c711 i5�-% 5--t-I AA, 3 e7 C= rTI7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -74 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 412 RONALDS STREET. 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 -six 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 412 Ronalds Street, Iowa City; and WHEREAS, the City has received an offer to purchase 412 Ronalds Street for the principal sum of $176,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $6,000, 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, on January 24, 2012, the City Council adopted a Resolution proposing to convey its interest in 412 Ronalds Street, 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: 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 412 Ronalds Street, legally described as the East Half of Lot 6, Block 52, Iowa City, Iowa. Ci Resolution No. 12 -74 Page 2 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 Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 21st Approved by (R e7ay -' d - C - t.N, City Attorney's Office Champion Dickens Dobyns Hayek Mims Payne Throgmorton _ day of February , 2012. R N � N Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 5220 9) M6- 50M.,.. n—< N --t t RESOLUTION NO. imp M v : co RESOL ION AUTHORIZING CONVEYANCE OF A SI LE FAMILY- OOME;, LOCATED T 412 RONALDS STREET. WHEREAS, the Univ City Neighborhood Partnership Pro ram is a joint effort between the University of Iowa and t City to encourage home owner ip and reinvestment in designated neighborhoods surroundin the University of Iowa; and WHEREAS, the City has rec 'ved a $1.25 million I-J96s grant to assist in the acquisition and rehabilitation of twenty -six sin a family homes to Provide affordable housing in designated neighborhoods surrounding the URiversity of Iowa; rd WHEREAS, Resolution 09 -384 consistent with the grant agre Partnership Program; and WHEREAS, the City purchased and Street, Iowa City; and WHEREAS, the City has received an of $176,000 (the amount the City approximately $6,000, which are all c and sell it, including abstracting and mowing and snow removal, utilitie , repair and rehabilitate the home; a d ized t City to acquire and rehabilitate properties for I- obs funds for the UniverCity Neighborhood a single family home located at 412 Ronalds o er top chase 412 Ronalds Street for the principal sum P id to ac ire the home), plus the "carrying costs" of sts incurre y the City to acquire the home, maintain it ecording fees, ' nterest on the loan to purchase the home, real estate taxe and any costs in excess of $50,000 to WHEREAS, this sale woul/the ide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on January 24, the City Council adopted a esolution proposing to convey its interest in 412 Ronalds t, authorizing public notice of th proposed conveyance, and setting the date and time fo ublic hearing; and WHEREAS, following thtpublic hearing on the proposed conveyance\THCITY y Council finds that the conveyance is te public interest. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL O OF IOWA CITY, IOWA, that: ti 1. Upon the rection of the City Attorney, the Mayor and the City Clerk are authorized to execute warranty deed conveying the City's interest in 412 Ronalds Street, legally describ as the East Half of Lot 6, Block 52, Iowa City, Iowa. Resolution No. Page 2 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. was moved by and seconded by iJ*ted, and upon roll call there were: AYES Passed and approved this Approved by City Attorney's Office NAYS: ABSENT: day of A 100 CITY CLERK the Resolution be 'Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012. E C --i C Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 21& -5030 N RESOLUTION NO. -=i s-a rn .<r RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILM LOCATED AT 658 SOUTH LUCAS STREET. C-0 WHEREAS, the Univer '"ty Neighborhood Partnership Program is joint effort b6 ween the University of Iowa and th City to encourage home ownership an reinvestment in designated neighborhoods surrounding he University of Iowa; and WHEREAS, the City has rece ed a $1.25 million I -Jobs gran to assist in the acquisition and rehabilitation of twenty -six sing family homes to provide ordable housing in designated neighborhoods surrounding the UrXversity of Iowa; and 7ff WHEREAS, Resolution 09 -384 au orized the City t acquire and rehabilitate properties consistent with the grant agreemen for I -Jobs funs for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and Lucas Street, Iowa City; and WHEREAS, the City has received an offer to sum of $162,500 (the amount the City paid approximately $5,500, which are all costs in and sell it, including abstracting and record' mowing and snow removal, utilities, real st repair and rehabilitate the home; and WHEREAS, this sale would provide University of Iowa; and i single family home located at 658 South y 1 ase 658 South Lucas Street for the principal /ac ire the home), plus the "carrying costs" of 'red b %inrest City to acquire the home, maintain it fees, on the loan to purchase the home, e taxnd any costs in excess of $50,000 to housing in kdesignated area surrounding the WHEREAS, on January 24, 201 ,the City Council adopted a solution proposing to convey its interest in 658 South Luca Street, authorizing public notice f the proposed conveyance, and setting the date and time r the public hearing; and WHEREAS, following the,Oublic hearing on the proposed conveyan2�e, the City Council finds that the conveyance is in/the public interest. \ NOW, THEREFORE /BE IT RESOLVED BY THE CITY COUNCIL OF HE CITY OF IOWA CITY, IOWA, that: / 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 658 South Lucas Street, legally described as Lot 10 and part of Lot 9, Block 1, Strohm's Addition, Iowa City, Iowa. i Y Resolution No. Page 2 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 and seconded by the Resolution be adopted, and uXn roll call there were: AYES\ NAYS: ABSENT: Passed and approved this day of Approved by City Attorney's Office MAYOR ATTEST: \ CITY CLERK Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012. N N =1C) :,<r-- ;± CA) r>a A/ / 9 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -75 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 658 SOUTH LUCAS STREET. 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 -six 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 658 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 658 South Lucas Street for the principal sum of $162,500 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $5,500, 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, on January 24, 2012, the City Council adopted a Resolution proposing to convey its interest in 658 South Lucas Street, 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: 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 658 South Lucas Street, legally described as Lot 10 and part of Lot 9, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. 12 -75 Page 2 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 Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 2i st day of February -12012. ATTEST: Aa� 444� CITrCLERK Approved by �� d C), City Attorney's Office 10 Prepared by: Sara Greenwood Hektoen , Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5030 Resolution No. 12 -76 RESOLUTION AUTHORIZING CONVEYANCE OF LAND EAST OF STURGIS CORNER DRIVE AND WEST OF THE IOWA RIVER, IOWA CITY, IOWA, TO RAVI LODGING, INC. WHEREAS, Ravi Lodging, Inc. has offered to acquire an approximate 1.09 acre parcel of land from the City for the appraised value; and WHEREAS, Ravi Lodging, Inc. intends to combine this parcel of land with adjacent land for the development of a hotel in the Riverfront Crossings Area; and WHEREAS, the City will retain a public access trail and temporary construction easement along the Iowa River, as well as a drainage and storm sewer easement over the subject land. WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk to execute all documents necessary to convey the City's interest in the approximate 1.09 acres of land east of Sturgis Corner and west of the Iowa River to Ravi Lodging, Inc. via Warranty Deed, and to retain a public access trail and temporary construction easement and drainage and storm sewer easement, according to the terms of the purchase agreement. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 21st day of February , 2012. MAYOR �l Approved by ATTEST: CITY CLERK City Attorney's Office ///V/ -21 Resolution No. 12 -76 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: ►A x x x X x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M4 L 02-21 4 i 11 ' Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887 -6160 RESOLUTION NO. 12 -77 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF IOWA CITY AND THE IOWA VALLEY HABITAT FOR HUMANITY FOR OFFICE AND WAREHOUSE SPACE AT THE SITE COMMONLY KNOWN AS THE EAST SIDE RECYCLING CENTER. WHEREAS, the City of Iowa City wishes to activities and provide education about waste green building and alternative energy; and engage the public in expanded environmental reduction, recycling, stormwater management, WHEREAS, the construction of the new East Side Recycling Center is nearly complete and has space available for partners in environmental activities and education; and WHEREAS, the Iowa Valley Habitat for Humanity has been leasing certain space at 2401 Scott Boulevard from the City of Iowa City for offices and Restore retail space, subject to a June 13, 2006 lease that is set to expire on June 1, 2016; WHEREAS, Iowa Valley Habitat for Humanity wishes to enter in to another lease for space the East Side Recycling Center, including a portion of the newly constructed space to expand their ReStore and Furniture Project operations; and WHEREAS, the ReStore's and Furniture Project's mission and goals are consistent with the City of Iowa City's intentions for the East Side Recycling Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The June 13, 2006 lease authorized by Resolution 06 -186 is hereby terminated. 2. The Mayor is authorized to sign and the City Clerk to attest a 10 -year lease between the City of Iowa City and the Iowa Valley Habitat for Humanity, in a form to be approved by the City Attorney; 3. The City Manager is authorized to increase the occupancy fee on an annual basis by no more than 5% of the previous year's occupancy fee; an d 4. The Public Works Director is authorized to amend the Addendum No. 1- Stipulations on Use of Premises on an annual basis. Passed and approved this 21st day of February 120 12 MAYOR Approved by ATTEST: Gt- n -- CIV LERK ^ ty Attorney's Office ; 47 It -2- Resolution No. 12 -77 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x_ Payne x Throgmorton LEASE BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY This Lease Agreement ( "Lease ") is made by and between the City of Iowa City ( "City" or "Landlord ") and Iowa Valley Habitat for Humanity ( "Tenant "). RECITALS A. The City of Iowa City, a municipal corporation, has acquired fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as 2401 Scott Boulevard, and has the authority to lease said premises. B. Tenant wishes to operate a retail store and office in a portion of a building located at 2401 Scott Boulevard, Iowa City, Iowa; the portion contains approximately 15,603 square feet of space. C. The parties desire to enter into a lease for a portion of a building located on the premises at 2401 Scott Boulevard, Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of , 2012. 2. PREMISES. Situated in the City of Iowa City, State of Iowa, the premises commonly known as 2401 Scott Boulevard, Landlord hereby agrees to lease to Tenant, and Tenant hereby agrees to lease from Landlord, the building portion containing approximately 15,603 total square feet of space located at 2401 Scott Boulevard, Iowa City, Iowa (the "Premises "), together with access to and from the Premises via the access points to the Premises. This includes the interior spaces commonly known as the donation bay, link area, main warehouse, paint room, vestibule and main offices excluding room A125 (southeast corner office) and exterior spaces including the Premises entrances extending out ten (10) feet, the parking area under the canopy and the sidewalk along the south side of the building, the donation bay and the driveway portion up to and surrounding the donation bay and the dumpster storage area on the north side of the premises (See Appendix B for drawing of Premises). It also includes Suite A100, commonly known as the Furniture Project. Any amendment to the leased Premises may be executed by the City Manager. 3. TERM. The term of this Lease ( "Term ") shall be ten (10) years, commencing on - 2012, unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "Occupancy Fees," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for three (3) successive five (5) year terms following the initial Term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred - twenty (120) days prior to the expiration of the current Term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of occupancy fees no later than sixty (60) days prior to the expiration of Page 1 of 11 the then - current term. Should Landlord and Tenant fail to reach agreement on occupancy fees by these deadlines, the Option will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air - conditioning, ventilating, plumbing, electrical and other systems therein. 5. OCCUPANCY FEES. Tenant shall pay a deposit for damage or default in the amount of one -sixth (1/6) of the semi - annual occupancy fees due. Said deposit may not be offered by Tenant in lieu of regular monthly occupancy fee payments. On or before January 1 and July 1 of each year during the Term of this Lease, Tenant shall pay to Landlord $10,065.50. This fee may be adjusted annually at the City's sole discretion. Any change in occupancy fees shall be made by amendment executed by the City Manager. Fee increases shall be limited to 5% of the previous year's occupancy fee. The City shall notify Tenant of the City's intent to increase the occupancy fee not less than sixty (60) days prior to January 1 of each year. Occupancy fees shall be payable to the City of Iowa City, Attn: City Manager, at 410 E Washington Street, Iowa City, IA 52240. 6. UTILITIES AND JANITORIAL. Tenant shall pay for any and all separately- metered utilities for the Premises. Utilities to be paid include, but are not limited to, water, sewer, gas and electricity. Tenant shall pay for any and all janitorial services and regular cleaning service to the Premises including garbage removal. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of the retail store and office and any other activities reasonably related thereto and shall secure the Premises when unoccupied by the Tenant. The Premises may not be used in any other fashion for any other purpose without written approval of Landlord. Tenant's use of the Premises must comply with the Amendment to Protective Covenants and Restrictions attached hereto as Exhibit A and incorporated herein by this reference, as well as the Addendum Number 1, as attached hereto including herein. Tenant shall be responsible for oversight of the Premises. In addition, the Tenant shall be responsible for the duties listed in Addendum Number 1, Stipulations on Use of Premises, which shall be reviewed annually, with agreement on or before January 1. 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord, except as otherwise authorized herein. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi - public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the occupancy fees applying to the unexpired portion of the Term will abate. 9. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes tenant - occupied areas, all common areas of the site and parking lot. 10. REPRESENTATIONS WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: Page 2 of 11 (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with or will be made to comply with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises; and (c) to the best of its knowledge the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 29 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of occupancy fees for the remaining term of this Lease. 12. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same, completed by a registered Engineer or Architect, to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non- structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall be responsible for upkeep and routine maintenance of the Premises, including repairs to the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall be responsible for building structural repairs, replacements or retro- fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or Page 3 of 11 destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building Systems. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the prior approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all of Tenant's signs. 15. TAXES. City, during the Term, shall pay promptly when due, any and all real estate taxes and special assessments imposed on the parcel of real estate owned by the City upon which the Premises are located. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax "' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi - public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to occupancy fees or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property Damage b. Excess Liability Each Occurrence Aggregate $1,000,000 $2,000,000 $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents Page 4 of 11 or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord may elect to terminate this Lease or repair and restore the Premises to a good tenantable condition. If Landlord does not commence the repair or restoration within ninety (90) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid occupancy fees, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease shall automatically terminate, without further liability other than accrued but unpaid occupancy fees, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid occupancy fees, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 20. DEFAULTS. The following shall constitute "Events of Default ": (a) Monetary. Tenant shall fail to pay occupancy fees at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non - performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of Page 5 of 11 being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Occupancy Fees and Charges. Tenant shall pay to Landlord the occupancy fees and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non - Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Page 6 of 11 Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges, insurance premiums, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional occupancy fees hereunder) on demand with interest after demand at 10% rate per annum. (The "Default Rate "). (g) Late Charge Default Rate. If Landlord does not receive payment of any installment of occupancy fees or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5 %) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non - Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any occupancy fees or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 22. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month -to- month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month -to -month tenancy. 23. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty -four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON - DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, 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, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Page 7 of 11 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: Director, Public Works Dept. Iowa City Attorney Iowa Valley Habitat for Humanity 410 E Washington St. 410 E. Washington St. P.O. Box1241 Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52244 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the State of Iowa or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, Pa3e 8 of 11 promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. The June 1, 2006 lease agreement between the City of Iowa City and Habitat for Humanity for certain space at 2401 Scott Boulevard, authorized by Resolution 06 -186 and executed by the City Council on June 13, 2006, is hereby terminated. U32. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landord: CITY OF IOWA CITY Mayor Attest: City Cle k Approved: City Attorney Tenant: IOWA VALLEY HABITA F R HUMANITY (Name & Title) (Name & Title) Page 10 of 11 CITY ACKNOWLEDGMENT STATE OF IOWA) ) )ss: JOHNSON COUNTY ) S4- On this -2-1 day of =&&e _, 2012, before me, the undersigned, a notary public in and for the State of low 6, personally appeared Matthew 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. o.� SONDRAE FORT S�a.a. ��� � Co � ission Number 159791 M Co ission Expires Notary Public in and for the State of Iowa IOWA VALLEY HABITAT FOR HUMANITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 0 day of VAA3C" =US4-�, 2012 byir.rk \�� \ (name) as:� (type of authority) on behalf of Iowa Valley Habitat for Humanity. Notary Pli is i d for the St e o Iowa Page 11 of 11 Addendum #1 -- Stipulations on Use of Premises Lease between the City of Iowa City and Iowa Valley Habitat for Humanity The Tenant shall be responsible for the duties listed in this Addendum #1, Stipulations on Use of Premises, which shall be reviewed annually, with agreement on or before January 1. If the City and Tenant cannot agree upon Addendum #1 duties by January 1, the duties of the current Addendum #1 shall remain valid. Addendum #1 shall be executed by the Director of Public Works. Tenant shall: • Open the two (2) site gates at or before 9 a.m. and close the gates at or after 5 p.m., each day Tenant's facility is open for business; • Close and secure the oil recycling shed at or after 5 p.m. each day Tenant is open for business; • Communicate to the public City - provided general site information during business hours; • Monitor the wood chips and compost sales area and notify City staff if the bins are empty or if there are other issues • Schedule and provide two evening education programs annually at the Environmental Education Center; • Schedule and provide two weekend workshops annually at the Environmental Education Center; • Provide the Landfill with an annual memo of the number of tons of materials diverted from the landfill and the number of customers served through waste- reduction related programs (ie, ReStore and Furniture Project) • Accept drop -offs and collect payments for brown goods (electronic waste); • Manage all dumped or donated items on Premises (outlined in Lease Agreement Section 2) including: • Trash, appliances, furniture • Electronic waste (will go to a -waste recycling program at no cost to Tenant), • Notify City staff of dumped items observed in other parts of the site, for City management or disposal , including: o hazardous waste, including oil, yard waste, recycling debris around bins, trash /dumped items on site not included in Tenant's Premises. f The parties agree the stipulations listed above shall commence on . R_8RJtAi?-q a Landlord: CITY OF IOWA CITY 2/21/2012 Date Matthew .T_ Hayek_ (Name &Title) Mayor Attest: v�' 21 2012 Date Marian K. Karr (Name & Title) City Clerk Tenant: IOWA VALLEY HABI FOR HUMANITY Date (Name & Title) Date me & Title) "UN VrL''` East Side Recycling Center Site 2401 Scott Blvd., Iowa City, IA 0 a a 0 III' I I N 1 J � I �I EI f LEASE BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY f This Lease Agree \eH ") is made by and between the City of Iowa City ( "City" or "Landlord ") and Iowat for Humanity ( "Tenant "). RECITALS A. The City of Ionicipal corporation, has acquired fee ti a to certain pr emises situated in the City tate of Iowa, commonly known as 240 Scott Boulevard, and has the authority to ises. B. Tenant wishes to operate a reta store and office in a portion a building located at 2401 Scott Boulevard, Iowa City, Iowa; the rtion contains approximatel 15,603. square feet of space. C. The parties desire to enter into a leas for a portion of a bui ing located on the premises at 2401 Scott Boulevard, Iowa City, IA. In consideration of the foregoing and the mu %a.suffii ove good and valuable consideration, the receipt by the parties, Landlord and Tenant hereby ags fo REE DATE. This Lease is made to be effective as iereinafter contained, and for other of which are hereby acknowledged 2012. 2. PREMISES. Situated in the City of Iowa ity, \arunder of Iowa, the premises commonly known as 2401 Scott Boulevard, Landlord hereby grees ase to Tenant, and Tenant hereby agrees to lease from Landlord, the building porti contaapproximately 15,603 total square feet of space located at 2401 Scott Boulevard, Iowa Cia (the "Premises "), together with access to and from the Premises via the acces points to mises. This includes the interior spaces commonly known as the donation ba ,link area, rehouse, paint room, vestibule and main offices excluding room A125 (sout ast corner ) a d exterior spaces including the Premises entrances extending out ten (10 feet, the p ar under the canopy and the sidewalk along the south side of the buildin , the donatio and t driveway portion up to and surrounding the donation bay and the du pster storage on the north side of the premises (See Appendix B for drawing of Premise . It also includuite A10 commonly known as the Furniture Project. Any amendment t the leased Prs may b executed by the City Manager. 3. TERM. The term of this L ase ( "Term ") shall be ten (10) year, commencing on - , 2012, unles sooner terminated pursuant to any provi ;on hereof. Option to Renew. With th/exce on of Section 5 entitled "Occupancy Fee s," Tenant shall have the option to renew this Len the same terms and conditions contained herein for three (3) successive five (5) year tewing the initial Term. Tenant shall be required to give notice to Landlord, in writing, not leone hundred - twenty (120) days prior to the expiration of the current Term of Tenant's o exercise an option for a renewal term. The Parties shall complete renegotiation of cy fees no later than sixty (60) days prior to the expiration of Page 1 of 11 the then - current term. Should Landlord and Tenant fail to reach agreement on occupancy fees by these deadlines, the Option will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air - conditioning, ventilating plumbing, electrical and other systems therein. 5. OC UPANCY FEES. Tenant shall pay a deposit for damage or default in the amount of one -sixth (1/ of the semi - annual occupancy fees due. Said deposit ma not be offered by Tenant in lieu o regular monthly occupancy fee payments. On or before Ja uary 1 and July 1 of each year during e Term of this Lease, Tenant shall pay to Landlord $10, 5.50. This fee may be adju ted annually at the City's sole discretion. Any ch nge in occupancy fees shall be made by amen ment executed by the City Manager. Fee inc eases shall be limited to 5% of the previous year occupancy fee. The City shall notify Te ant of the City's intent to increase the occupancy fee of less than sixty (60) days prior to Jan ry 1 of each year. Occupancy fees shall be pay le to the City of Iowa City, tn: City Manager, at 410 E Washington Street, Iowa City, IA 240. 6. UTILITIES AND JANITO L. Tenant shall pay or any and all separately- metered utilities for the Premises. Utilities to be aid include, but ar not limited to, water, sewer, gas and electricity. Tenant shall pay for any and II janitorial servi s and regular cleaning service to the Premises including garbage removal. 7. USE OF PREMISES. Tenant shaN� operation of the retail store and office and any o- secure the Premises when unoccupied by the other fashion for any other purpose without wi Premises must comply with the Amendment to hereto as Exhibit A and incorporated herein by/ 1, as attached hereto including herein. use t e Premises for the conduct of Tenant's er ctivities reasonably related thereto and shall T ant. The Premises may not be used in any it approval of Landlord. Tenant's use of the rot ctive Covenants and Restrictions attached his re rence, as well as the Addendum Number Tenant shall be responsible for oversighf of the Premise . In addition, the Tenant shall be responsible for the duties listed in Adden um Number 1, Sti lations on Use of Premises, which shall be reviewed annually, with agreem nt on or before January 1. 8. QUIET ENJOYMENT. L ndlord covenants and ag es that so long as Tenant observes and performs all of the reements and covenants req fired of it hereunder, Tenant shall peaceably and quietly hav hold and enjoy the Premises for the Term without any encumbrance, interference or hi 0 rance by Landlord, except as oth ise authorized herein. If Tenant's use of the Premises is imited or denied through rezoning, a ironmental impact edict, or other action of any public or quasi - public agency or governmental aut ority, this Lease, at the sole option of Tenant, shall t minate as of the effective date of such act n and the occupancy fees applying to the unexpire portion of the Term will abate. 9. PROHIBITED EHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed a ywhere on the Premises. This includes tenant - occupied areas, all common areas of the si and parking lot. 10. REPREStNTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, arrants and covenants to Tenant that as of the Commencement Date: Page 2 of 11 (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the b st of its knowledge, the Premises complies with or will a made to comply with all applicable zonin requirements, ordinances, regulations, and all appli ble laws, affecting the Premises or require in Tenant's use of the Premises or common a as appurtenant to the Premises; and (c) to the best of i knowledge the Premises does not contai any asbestos or Hazardous Materials (as defined in Se tion 29 herein) and Landlord is not in vi lation of any federal, state or local law, ordinance or regul tion relating to industrial hygiene or the environmental conditions on, under or about the ncluding, but not limited to, soil n il ground water condition, and that no previous occupant of'' he Premises has used, ge rated, manufactured, stored or disposed of on, under or about thPremises any Hazardous aterials, as determined by a Court of competent jurisdiction. \ 11. AN all or a part of the Premises for any pi: Tenant subleases all or a part of the Pre remain primarily liable for the payment of Tenant s all not assign this Lease, or sublease without a prior written consent of Landlord. If with La lord's written consent, Tenant agrees to Fancy fet for the remaining term of this Lease. 12. ALTERATIONS. IMPROVEMENTS consent, may make any alterations, improvem which Tenant may deem necessary or desira alteration, improvement, or addition costs not i any improvements exceeding one thousand do Tenant shall submit a written description of t kN15 ADDITIONS. Tenant, without Landlord's t , or additions in, on or about the Premises, except for structural repairs, provided such �r than one thousand dollars ($1,000.00). For rs 1,000.00), in seeking Landlord's approval, crop sed work along with plans and drawings respecting the same, completed by a register d Engine r or Architect, to Landlord for Landlord's approval, which approval shall not be unre sonably de yed or withheld. Tenant, at its option, may remove such alterations, improvement , or additions ade by it in, on or about the Premises if the removal may be done without str ctural damage o the Premises. Tenant's personal property and its trade fixtures, including II machinery, equi ment and furnishings, shall remain the property of Tenant and may be re oved by Tenant. An personal property, trade fixtures, alterations, improvements, or addition not removed by Tenan within thirty (30) days after the end of the Term shall automatically b come the property of Lan lord. Landlord shall, at its sole expense, make any alterations, im ovements or additions to th Premises (structural or non- structural) that may be required o account of any existing or fut a laws of any governmental authority, except alterations, imp vements or additions to the Pr ises as may be required solely by reason of the nature of enant's business. In no event shall enant make any changes, modifications, alternations, or a ditions to the exterior of the Premises ithout Landlords' specific written approval, not withstand. g any provision contained herein to the c trary. 13. REPAIRS AND AINTENANCE. Tenant shall be responsible r upkeep and routine maintenance of the Pre ses, including repairs to the Premises, as well a be responsible for protecting against insec and pest infestation. Landlord shall be responsible a% be structural repairs, replacements, or retro- fitting of 'a permanent character (including, ut not limited to, components in the,/air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or Page 3 of 11 destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building Systems. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such s underground water, sewer, electr and other utility lines and maintenance services related to he Premises. Tenant shall surrender a Premises in as good order, repair and condition, or be ter, as the same were in the commence ent of the Term, damage by fire and items covered by extended coverage insurance, unavoid le casualty, reasonable wear and tear, alterati ns, improvements and additions made by Te nt and Landlord's failure to repair excepted. 14. SIGNAGE. T\ant may, at Tenant's expense, install si age, consistent with City Code requirements, and t to the prior approval of Landlord. T Want is responsible for care, maintenance, and replacof any and all of Tenant's signs. 15. TAXES. City, during e Term, shall pay promptly w n due, any and all real estate taxes and special assessments i osed on the parcel of real estate owned by the City upon which the Premises are located. T ant shall pay all taxes sessed against and levied upon Tenant's trade fixtures, and all other r. naI property of Te ant contained in the Premises.. As used herein, the term 'real estate tax "' cludes any form of ax, assessment, license and permit fees, rent tax, income tax, franchise tax, vy, penalty, or to imposed by any authority having the direct or indirect power to tax, including y city, county, state or federal government, or any school, agricultural, lighting, drainage or oth improven public agency or governmental authority, upo any leg Premises, upon Landlord's right to occupancy f s or Tenant's use or occupancy of the Premises. 16. INSURANCE. Tenant covenants and gr and maintain general insurance in a company r con State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property b. Excess Liability c. Worker's Compensation I it district thereof or any public or quasi - or equitable interest of Landlord in the iness of leasing the Premises, or upon that it will at its own expense procure inies authorized to do business in the $1,000,000 $1,000,000 urance as required by Chapter 85, Aggregate $2,000,000 $1,000,000 de of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Te ant shall name the Landlord as an additional insur . Tenant shall deliver to the Landlord, withi thirty (30) days of execution of this Lease, Certifi 'es of Insurance and copies of said policies, n ing the Landlord as an additional insured. Te nt shall provide fifteen (15) days' notice to the Landlord before cancellation of said insuranc . 17. INDEMNITY. Xandlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents Page 4 of 11 or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damage or destroyed in whole or in part by fi \*nginety er casualty, Landlord may elect to terminate this ase or repair and restore the Premisgood tenantable condition. If Landlord does n commence the repair or restoration inety (90) days after the damage or. destru ion occurs, or if repair or restoration ire more than ninety (90) days to complete, T ant may, at Tenant's option, terminate tby giving Landlord notice of Tenant's electi to do so at any time prior to the commeo the repair or restoration. In that event, thi Lease shall terminate as of the date of suge r destruction, without further liability other than accrued but unpaid occupancy ities a d or applicable taxes. 19. If condemnation or under the povq said power (all of which are I terminate, without further liability applicable taxes, as of the date occurs first. all the Premises or a s stantial portion thereof is taken by r of eminent domain, or X61d under the threat of the exercise of rein called "condem tion "), this Lease shall automatically o er than accrued b unpaid occupancy fees, utilities and or the No aut ority takes title or possession, whichever If any other taking (of the Premises or oflgei use, access, or rights of ingress or egress terminate this Lease as of the date the cond liability other than accrued but unpaid occupa election to terminate shall be made in wn i Tenant written notice of the taking (or in the a the condemning authority has taken pos es accordance with this Section, this Lease shal the Premises remaining. nris adversely and substantially affects Tenant's �f r to the Premises, then Tenant may elect to ning authority takes possession, without further c fees, utilities and or applicable taxes. Tenant's wi in thirty (30) days after Landlord has given isenc of such notice, within fifteen (15) days after ion). If enant does not terminate this Lease in remain i full force and effect as to the portion of Any award or payment made upon ondemnation of all or a part of the Premises shall be the property of Landlord, whether such ward or payment is made s compensation for the taking of the fee or as severance damage , provided Tenant shall be en 'tied to the portion of any such award or payment for loss of or amage to Tenant's trade fixtures, emovable personal property, and additions, alterations and i provements made to the Premises Tenant, and for its loss of business or the leasehold here' created or any other consequential o special damages, such as Tenant's relocation and movi expenses. 20. DEFAULTS. ThWfollowing shall constitute "Events of Default ": (a) Monetary. Tenant sh I fail to pay occupancy fees at the time required or ny other monetary obligation or payment re uired under this Lease when due, and such failure all continue for a period of ten (10) days f lowing written notice from Landlord to Tenant; or (b) Non-performance Tenant shall fail to observe or perform any of the other cdvenants, terms or conditions contain d in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such ailure shall continue and not be cured for a period of thirty (30) days after written notice by L ndlord to Tenant, provided that if the default is not reasonably susceptible of Page 5 of 11 being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently all such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of T ant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or an9over is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiv , trustee or liquidator of Tenant of all or bstantially all of the assets of Tenant or of the Leas d Premises or any portion thereof is appoint in any proceeding brought by or against Tenant #d is not discharged within thirty (30) days a r such appointment or if Tenant consent to or acquiesces in such appointment. 21. REMEDIES. on the occurrence of an Event of fault by Tenant, or at any time thereafter during the cont in nce of such Event of Default, Lan ord may take any of the following actions and shall have the fol wing rights against Tenant: (a) Termination. Landlord may lect to terminate the Le a by giving no less than thirty (30) days' prior written notice thereof Tenant, and upon t passage of time specified in such notice, this Lease and all rights of T ant hereunder sha terminate as fully and completely and with the same effect as if such date ere the date her in fixed for expiration of the Term and Tenant shall remain liable as provided in ection (c) bel w. (b) Eviction. Landlord shall have the imme late rigl} upon termination of this Lease to bring an action for forcible entry and detainer. / (c) Tenant to Remain Liable. No termination Xthis Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no a ossession of the Premises or any part thereof pursuant to this Lease or otherwise shall reliev Ten t of its liabilities and obligations hereunder, all of which shall survive such termination, rep ssessi or reletting. (d) Damages. In the event of any termin ion of this Le la or eviction from or repossession of the Premises or any part thereof by reaso of the occur of an Event of Default: (i) Occupancy Fees and Charges. Te ant shall pay to La\pr occupancy fees and other sums and charges required to be pai by Tenant for the pnd including the end of the applicable Term or expiration of an a ercised option period ed for by Section 3 a bove, whichever is later. (ii) Leased Premises. Landlords all be entitled to offset any amount o ing by Tenant under the preceding section, (d)(i), against ny "value added damages" Landlord m y be liable for pursuant to this Lease. (e) Rights Cumulative Non- (Naiver. No right or remedy herein conferred on or reserved to Landlord is intended to be a clusive of any other right or remedy, and each a d every right and remedy shall be cumulativ and in addition to any other right or remedy given h reunder or now or hereafter existing at la or in equity or by statute. In addition to the other reme ies provided in , N this Lease, Landlord sh be entitled, to the extent permitted by applicable law, to i unctive relief in case of the violation, or attempted or threatened violation, of any of th covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Page 6 of 11 Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges, insurance premiums, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall hav he option of requiring Tenant to repay to Landlord the amount of such payments (which shall be eemed additional occupancy fees hereunder) ,Op demand with interest after demand at 10% r to per annum. (The "Default Rate "). (g) Late Charge, DelaUlt occupancy fees or any he within ten (10) days after M. the delinquency), Landlord such delinquent sum and if date, such sum shall, in ad( paid. Rate. If Landlord does not rei r sum or charge required to be I same falls due (regardless of v ay impose a late charge equal s ch sum is not received by La itio , bear interest at the Defa (h) Non - Waiver. The failure of Lan lord to insist or conditions of the Lease, or to a ercise any instances shall not be construed as a waiver covenant, condition, or option, but the ame sh receipt by Landlord of any occupancy fe or an of the breach of any covenants or agreem is c�E such breach. / 22. HOLDING OVER. If Tenant re or termination of this Lease, and without to be occupying the Premises as a tena provisions and obligations of this Leas tenancy. / 23. ACCESS BY eiv payment of any installment of ai by Tenant to Landlord hereunder ther Tenant has received notice of .o five percent (5 %) of the amount of 11ord within thirty (30) days of its due Rate from the due date until the date Do strict performance of any of the covenants ,p ons herein conferred in any one or more r relinquishment for the future of any such be and remain in full force and effect. The other sum payable hereunder with knowledge tained herein shall not be deemed a waiver of a' s \mntlh-to-month, session of the Premises after the expiration e of a new Lease, Tenant shall be deemed fro subject to all of the conditions, insothey are applicable to a month -to -month (a) Landlord or Landlord's agents, epresentatives or empl ees shall have the right at any time upon at least twenty -four (24) hou oral notice (except in em rgencies, in which case only such notice, if any, as may be feasibl under the circumstances sh I be required) to enter upon the Premises for the purposes of ' specting the same, determinin whether. this Lease is being complied with, and curing (as p rmitted herein) any default by Ten t. (b) Landlord or Landlord's a ents, representatives, or employees sh II have the right whenever necessary and without noti a to enter upon the Premises for the urpose of repairing or maintaining any of Landlord' property adjacent to or abutting the Premis . 24. NON- DISCRIMI 6ATION. Tenant covenants, in consideration of a right to lease the Premises that Tenant, it employees, and agents shall not discriminate a inst any person in employment or public a commodation because of race, religion, color, ca , gender identity, sex, national origin, s ual orientation, mental or physical disability, marit status or age. "Employment" shall in lude but not be limited to hiring, accepting, registe 'ng, classifying, upgrading, or referrin to employment. "Public accommodation" shall include but of be limited to providing goods, serv'ces, facilities, privileges and advantages to the public. Page 7 of 11 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier; return receipt requested, and addressed as follows: If to Landlord: With Copies to: It to I en nt. Director, Public Works De t. Iowa City Attorney Iowa Vail, Habitat for Humanity 410 E Washington St. 410 E. Washington St. P.O. Box 241 Iowa City, IA 52240 Iowa City, IA 52240 Iowa Cit , IA 52244 The address and person for ritten communication may be changed on ten (10) days' written notice to the other party. 27. WAIVER OF SUBROG ION. andlord and Tenant a tall parties claiming under or through them hereby mutually releischarge each other other tenants or occupants of the building in which the Pis located, and a officers, employees, agents, representatives, customers and buitors of Landlor or Tenant or such other tenants or occupants, from all claims, losses ies arising fro or caused by any hazard covered by insurance on or in connection with ises or said uilding, even if caused by the fault or negligence of a released party. Thiall apply my to the extent that such claim, loss or liab ility is covered by insurance. 28. ENVIRONMENTAL MATTERS. Tena V ill comply with all environmental laws during the term of the Lease, but shall bear no liability w tsoever and shall not assume any conditions for any existing environmental materials or H a ous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tena har \arneys' rom and against any and all loss, damage, liability and expense (including reas nable fees) that Tenant may incur as a result of any claim, demand or action related o enviral conditions, Hazardous Materials or any other environmental laws and regulatio s not dirulting from Tenant's activities on the Premises. 29. HAZARDOUS /ardous ERIAL . The term "Hazardo s Materials' as used herein shall include but not be limited estos flammable explosives, ngerous substances, pollutants, contaminants, hazardous s, to c substances, and any of r chemical, material or related substance exposure to w pr hibited or regulated by any \ad ental authority having jurisdiction over the Preman substances defined as 'hazabstances," "hazardous materials" or "toxic subst the Comprehensive Environmsponse Compensation and Liability Act of 1980, ended, by Superfund Amendmeeauthorization Act 42 U.S.C. §6901, et seq.; thardous M aterials Transportation U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §et seq.; Toxic Substances ControU.S.C. §2601, et seq.; Clean Water Act, 33 U.S.51, et seq.; the laws, regulations o f the State of Iowa or any local ordinance affect Premises; or the regulations adou lication promulgated pursuant to any of such la ordinances. 30. SEVERABILIIN. The invalidity or unenforceability of any provision f this Lease, as determined by a court f competent jurisdiction, shall in no way affect the validity f the remainder of this Lease or any her provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attache hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, Page 8of11 promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The covenants, conditions and agr ements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto nd their respective successors. 33. ATTORNEY FEES. f either party named herein brin s an action to enforce the terms of this Lease or to declare righ hereunder, the prevailing p rty in any such action, on trial or appeal, shall be entitled to its re sonable attorney's fees to a paid by losing party as fixed by the court. 34. HEADING. Headings as t the contents of p icular sections herein are inserted only for convenience, and are in no way be construed a a part of the Lease or as a limitation on the scope of the particular section to w 'ch they refer. 35. COUNTERPARTS. This Lease may be xecuted in counterparts, each of which shall be deemed to be an original and all of whi h sh I, when taken together, constitute but one and the same instrument. Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and vear first above written. TY Page 10 of 11 CITY ACKNOWLEDGMENT STATE OF IOWA) , ) ss JOHNSON COUNTY ) On this day of notary public in and for the S to Karr, to me personally known, c City Clerk, respectively, of sat instrument; that the seal affixed instrument was signed and sealed Council; and that the said Mayor a of said instrument to be the volt voluntarily executed. 2011, efore me, the undersigned, a of Iowa, personally appeared atthew Hayek and Marian K. being by me duly sworn, did ay that they are the Mayor and municipal corporation exe ting the within and foregoing hereto is the seal of sai municipal corporation; that said n behalf of said munici I corporation by authority of its City i City Clerk as such off' ers acknowledged that the execution nta v act and deed said corporation, by it and by them Notary Public in and for the State of Iowa IOWA VALLEY HABITAT FOR HUMANITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged by Humanity. No u�in and f the State -W k I-( me on this DGMENT \�� day of 0 M \ (name) as (type of authority) 4 behalf of Iowa Valley Habitat for Page 11 of 11 Addendum #1 -- Stipulations on Use of Premises Lease between the City of Iowa City and Iowa Valley Habitat for Humanity The Tenant shall be responsible for the duties listed in this Addendum #1, Stipulations on Use of Premises, which shall be reviewed annually, with agreement on or before January 1. If the City and Tenant cannot agree upon Addendum #1 duties by January 1, the duties of the current Addendum #1 shall remain valid. Addendum #1 shall be executed by the Director of Public Works. Tenant shall: • Open the two (2) site gates at or before 9 a.m. and close the gates at or after 5 p.m., each day Tenant's facility is open for business; • Close and secure the oil recycling shed at or after 5 p.m. each day Tenant is op n for business; • Communicate to the public City - provided general site information during busi ess hours; • Monitor the wood chips and compost sales area and notify City staff if the bi are empty or if there are other issues • Schedule and p vide two evening education programs annually at the Env ronmental Education Center; • Schedule and pro ' e two weekend workshops annually at the Environm ntal Education Center; • Provide the Landfill ith an annual memo of the number of tons of ma rials diverted from the landfill and the number of cus mers served through waste - reduction relate programs (ie, ReStore and Furniture Project) • Accept drop -offs and collec payments for brown goods (electron' waste); • Manage all dumped or donat items on Premises (outlined in ase Agreement Section 2) including: • Trash, appliances, furni re • Electronic waste (will go t e -waste recycling progr at no cost to Tenant), • Notify City staff of dumped items ob erved in other parts f the site, for City management or disposal , including: o hazardous waste, including oil, y d waste, re cling debris around bins, trash /dumped items on site not included in Tenant's Premi s. The parties agree the stipulations listed above shall co ence on Landlord: Tenant: CITY OF IOWA CITY OWA VALLEY HABI FOR HUMANITY Date Date (Name & Title) �"'? (Name & Title) Attest: Date (Name & Title) / (Name & Title) Cd5L JIUC rXUL y1i11111J vc� nc� JIIG 2401 Scott Blvd., Iowa City, IA a n � y � ..3 J 0 I I i I I J• I I `I J' al Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887 -6160 RESOLUTION NO. 12 -78 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY FRIENDS OF HISTORIC PRESERVATION FOR WAREHOUSE SPACE FOR THE SALVAGE BARN AT THE SITE COMMONLY KNOWN AS THE EAST SIDE RECYCLING CENTER. WHEREAS, the City of Iowa City wishes to activities and provide education about waste green building and alternative energy; and 12 engage the public in expanded environmental reduction, recycling, stormwater management, WHEREAS, the construction of the new East Side Recycling Center is nearly complete and has space available for partners in environmental activities and education; and WHEREAS, the Friends of Historic Preservation wishes to lease a portion of the newly constructed space to expand their Salvage Barn operations; and WHEREAS, the Salvage Barn's mission and goals are consistent with the City of Iowa City's intentions for the East Side Recycling Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the 10 -year lease between the City of Iowa City and the Friends of Historic Preservation, in a form to be approved by the City Attorney. 2. The City Manager is authorized to increase the occupancy fee on an annual basis by no more than 5% of the previous year's occupancy fee; an d 3. The Public Works Director is authorized to amend the Addendum No. 1- Stipulations on Use of Premises on an annual basis. Passed and approved this 21st day of February , 2012 ATTEST: /� 1 CITY C ERK 6 MAYOR Approved by City Attorney's Office (91611Z J Resolution No. 12 -78 Page 2 It was moved by Dobyns and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Q If.1VI I �- ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton LEASE BETWEEN THE CITY OF IOWA CITY AND FRIENDS OF HISTORIC PRESERVATION This Lease Agreement ( "Lease ") is made by and between the City of Iowa City ( "City" or "Landlord ") and Friends of Historic Preservation ( "Tenant "). I!7orlmUVAN10 A. The City of Iowa City, a municipal corporation, is in the process of acquiring fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as 2401 Scott Boulevard, Suite A101, and has the authority to lease said premises. B. Tenant wishes to operate a resale store in a portion of a new building located at 2401 Scott Boulevard, Iowa City, Iowa; the portion contains approximately 3,870 square feet of space C. The parties desire to enter into a lease for a portion of a new building located on the premises at 2401 Scott Boulevard, Suite 101 A, Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of FP_6Zua1Zu ai . , 2012. 2. PREMISES. Situated in the City of Iowa City, State of Iowa, the premises commonly known as 2401 Scott Boulevard, Landlord hereby agrees to lease to Tenant, and Tenant hereby agrees to lease from Landlord, the building portion containing approximately 3,870 total square feet of space located at 2401 Scott Boulevard, Iowa City, Iowa (the "Premises "), together with access to and from the Premises via the access points to the Premises (See Exhibit B for drawing of Premises). This includes exterior spaces including the Premises entrances extending out ten (10) feet. 3. TERM. The term of this Lease ( "Term ") shall be ten (10) years, commencing on 2012, unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "Occupancy Fees," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for three (3) successive five (5) year terms following the initial Term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred - twenty (120) days prior to the expiration of the current Term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of occupancy fees no later than sixty (60) days prior to the expiration of the then- current term. Should Landlord and Tenant fail to reach agreement on occupancy fees by these deadlines, the Option will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air - conditioning, ventilating, plumbing, electrical and other systems therein. 5. OCCUPANCY FEES. Tenant shall pay a deposit for damage or default in the amount of one- sixth (1/6) of the semi - annual occupancy fees due. Said deposit may not be offered by Tenant in lieu of regular monthly occupancy fee payments. On or before January 1 and July 1 of each year during the Term of this Lease, Tenant shall pay to Landlord $1,935.00. This fee may be adjusted annually at the City's sole discretion. Any change in occupancy fees shall be made by amendment executed by the City Manager. Fee increases shall be limited to 5% of the previous year's occupancy fee. The City shall notify Tenant of the City's intent to increase the occupancy fee not less than sixty (60) days prior to January 1 of each year. Occupancy fees shall be payable to the City of Iowa City, Attn: City Manager, at 410 E Washington Street, Iowa City, IA 52240. 6. UTILITIES AND JANITORIAL. Tenant shall pay for any and all separately metered utilities for the Premises. Utilities to be paid include, but are not limited to, water, sewer, gas, and electricity. Tenant shall pay for any and all janitorial services and regular cleaning service to the Premises, including garbage removal. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of the resale store and office and any other activities reasonably related thereto, and shall secure the premises during all other hours. The Premises may not be used in any other fashion for any other purpose without written approval of Landlord. Tenant's use of the Premises must comply with the Amendment to Protective Covenants and Restrictions attached hereto as Exhibit A and incorporated herein by this reference, as well as the Addendum Number 1, as attached hereto including herein.. Tenant shall be responsible for general oversight of the Premises. In addition, the Tenant shall be responsible for the duties listed in Addendum Number 1, Stipulations on the use of Premises, which shall be reviewed annually, with agreement on or before January 1. S. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord, except as otherwise indicated herein. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi - public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the occupancy fee applying to the unexpired portion of the Term will abate. 9. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant- occupied areas and all common areas of the parking lot. 10 REPRESENTATIONS WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with or will be made to comply with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises; and (c) to the best of its knowledge the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 29 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of occupancy fee for the remaining term of this Lease. 12. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same, completed by a registered Engineer or Architect, to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non - structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall be responsible for upkeep and routine maintenance of the Premises, including repairs to the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall be responsible for building structural repairs, replacements or retro - fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the prior approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all of Tenant's signs. 15. TAXES. City, during the Term, shall pay promptly when due, any and all real estate taxes and special assessments imposed on the parcel of real estate owned by the City upon which the Premises are located. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax "' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi - public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to occupancy fee or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property Damage b. Excess Liability Each Occurrence Aggregate $1,000,000 $2,000,000 $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord may elect to terminate this Lease or repair and restore the Premises to a good tenantable condition. If Landlord does not commence the repair or restoration within ninety (90) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid occupancy fee, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease shall automatically terminate, without further liability other than accrued but unpaid occupancy fee, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid occupancy fee, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 20. DEFAULTS. The following shall constitute "Events of Default ": (a) Monetary. Tenant shall fail to pay occupancy fee at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non - performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (3 0) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Occupancy Fees and Charges. Tenant shall pay to Landlord the occupancy fee and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non - Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges, insurance premiums, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional occupancy fee hereunder) on demand with interest after demand at 10% rate per annum. (The "Default Rate "). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of occupancy fee or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5 %) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non - Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any occupancy fee or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 22. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month -to- month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month -to -month tenancy. 23. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty -four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON - DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, 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, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: Director, Public Works Dept. Iowa City Attorney Friends of Historic Preservation 410 E Washington St. 410 E. Washington St. P.O. Box 2001 Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52244 The address and person for written communication may be changed upon ten (10) days' written notice to the other parry. 27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released parry. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the State of Iowa or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY Mayor Attest: City laterk Approved: City Attorney FRIENDS OF HISTORIC PRESERVATION l -AA.�. Jo n M. Ch Jima Me�-y1resident &Treas(KXme & Title) (Name & Title) CITY ACKNOWLEDGMENT STATE OF IOWA) ) )ss: JOHNSON COUNTY ) s4 a �^ On this di day of 1 6aP —uAtZ , 201x, before me, the undersigned, a notary public in and for the State of Iowa, perso ally appeared Matt 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. ,TL Wm SONDRAE FORT i Commission Number 159791 S6rc(na�,(j . pow 3 y 7 Commission Expires Notary Public in and for the State of Iowa FRIENDS OF HISTORIC PRESERVATION ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 30th day of Hecembeg, 204 John M. Chadima (name) as Vice President & Treasurer (,pe of authority) on Behalf of Friends of Historic Preservation. Notary lic in and for the State of Iowa ,►*` MARY ELLEN CHUDACEK AT CommLE umb owe My Com #17166 - 3 (69) MICHAEL DEVELOPMENT OF IOWA AMENDMENT TO PROTECTIVE COVENANTS LIMTBD PARTNMSHIP, by Kd =1 J. AND RESTRICPiOM Dated July 7, 1992. Swenson, General Partner, Recorded Iuly 13, 1992, in Book 1403, Page 33I. to The Public. KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owners of more than fifty percent (so%) of the following described premises located in Iowa City, Johnson County, lows, to wiz Commencing in the: center of the Wyoming Road (also known as Lower Muscatine Road) at a point whew the same crosses the West lino of the East Half of Section 24, Township 79 Range 6 West of the 5th P.M.; thenca North along the olio -half section line to the South line of the Chicago, Rock Island and Pacific Railroad right of way; tune Southeuterly along the South ime ofsafd right of way to the East Cute of Section 24; thence South along the said East line of Section 24 to the center of Wyoming Road; thence Northwesterly along the center of said Wyoming Road to the place of beginning; all in Section 24, Township 79. North, Range 6 Wcst of the Sth P.M., hereby amend the Protective Covenants and Restrictions on said property recorded in Book 359, Page 95 -101 as follows: 1. By deleting any portion of the above described property lying within the right ofway of Scott Boulevard; or of US. Highway 6; and of of i feinz Road. 2. By.4dding that part of Lots 1-4, Auditor's Plat No. 32 lying witin the above desctffiod Ptemises and releasing that deleted gropety from the tenhs of the Protective eAfgmb and 1sIictions. 3. By deleting that part of Lot 1, B.D.L- Fourth Ad4ition•together with that part of a 33 foot strip of land adjoining .the Northwesterly line of Lot 2, B.D.I. Fourth Addition morb particularly described as follows: Commencing td rho most Southerly joiner of Lot_ I of B.D.1. Fourth Addition to Iowa City, Iowa; thence North 38 °41'40 "'East 124.88 fed along the Southeasterly nine of Bald Lot 1 to i point thence North 51°30'40'.• West S0.2o'fx4 along thelot liaa of said Lot-1-to The point of beginning -of the pared herein described; thence North 3$'41'40" Rust along a line which is parallel to and 33 feet in petpandiadw distance from the Sotgheasteriy line of said not•! 660.99 feet to a Point a curvature: thence Northeasterly along 4 413 -foot radius alive concave Northeasterly 369.20 fed to 6 point (said curve having a 357.03 -1600t chard beaziag North 13 105'04" EPA) ;. then ce Itorthwestedy along a 379.5 foot radius curve concave Norteeastetiy 11831 feel to i►,Point (said ctkve having a i [T E3' foot chord beacfi� North 31-41,2$- West); thence South 15-43'36- EW 90:00 ,feet to a pofit; thence Soutbwestaiy- along a 380 foot radius Barge ooueavk Nactkorestedy 36116 fed td a point (sold can ve having a 347.72 foot chord beark JwA 11'28'02* Wed); dlejttee South 3 *41'40* West 66091 feet to a poh14 thence, South •5!!30'40* East 33.00 fed to the pobd .4 beginning. Said paid herein described contains OAM accts mom or teas and is sttbjed to easements of record, lying within the above described ptemfses and releacirhg that deleted Property from the terms of the Protective Covenants and Restrictions. 4. By lridudiag that part of" 2,,B.D1. Fourth Addition, Preseiniy not included within the above described premises except for say part of a 33: foot strip described In the.ltnmediately pnoedimg paragraph- 'the land to be included is owned by Business Devdopmc-,t,. Incorporatxd, an Iowa Corporatism which speciftcally'agrees to subject this property to the Amended Coveun nts, which fallow. S. By including that out of Lot 4, R:D. I: First addition pzrseut!y not incinded:witbm the above demibod premises. This property is ownerd by Economy Advertising Company+ an Iowa Coh�ation which spocifically . agrees to subject this prop �y to the Aruended Covenants which. follow. 6. By Umhinating Paragraph 1 -16 of the Protective Covenants. and Restrictions in theft enthrety and- by adoptng the- foHowfag amended Proteotfve Covenants aural Restrictions in lieu th=60t to *W 1. All operations on the above deuribedprernises "be conducted or maintained xiholly inside enclosed 6ufldfnga, except fof loarifngauhdtwtosding ofvehidts sndt�msfcrringofmataiai from sioragearoastoflua enclosed building for operations add ptocessiag ?.'No building *0 be buff on any portion of the above described property unless thif011owbg described requUtme6ta arts met, to wit .. EXHIBIT "All f* #11166 - 4 (69'cont'd) a) The depth of the &out yard shall not be less than fifty (56) feet b) All- subdivisions shall have tots of at least threw (3) acres inn size unless prior approval for deviation bas beets granted by the Board of Directors of-Business Development,'Incorporated. 3. All areas except for the area covered by buildings and other strictures, and except foi driveways: sidewalks, -and other walkways, and for loading areas, storaga areas and areas used for the growing of farm crops, shall be used exclusfvply for the planting and growing of trees, shrub's, lawn and other ground covering which shall' be maiatained as required to keep said areas in a neat and otdexiy appearing manlier. -4. If construction, of the building and structures on any single parcel purchased from Business Development, Iacorporated has not started within two (2) years of date ofpurchase of any portion of any of the above described premises, Business Development, Incorporated may exercise the right to repurchase of the site by refunding the purchase price and this provision is specifically agreed to and aceeptod by each purchaser. 5. Bushtess Development, Incorporated retains a Just option to purchase arty pord A of the above descaibc pranises•together with any structures, facilltics or buildings located thereon and.eaah'owna hereby agrees to give written notice of said intention to sell to Business Development, Incorporated, and which Business Development, Incorporated shall have a period of twenty (20) days in which to eider accept or reject this offer. If tho offer is rejected, the dwncr then "has a right to sell to any third party provided That he may net sell any Iand offered to Business Development, Incorporated . on term less onerous than offered to Business Development, Incorporated. 6. These covenants are to run with the land and shalt be binding on all parties and siipasons claiming under them for ten (10) years at whtoh.time said covenants "shall be automatically extended for successive periods often (10) years unless by vote of the owner of more than' fifty p=eat (50%) of the above described property it is agreed to change the said covenants in whole or in part. 7. If the patties hereto or any of diem or their heirs or assigas shall violate or attempt to violate way of the covenants or restrictions herein, it shall be lawful for any' other person or persons owning any other area m said above described property to prosecute any proceeding at law or in equity against the. person or persons violating or attempting to violate any such covenants or restrictions and' either prevent him or them from so doing or rscovea damages dr other dues for such violations. 8. Invalidation of any ou4 of these covenants by)udgatcnt or court order.sball in no way atl'ect any of the other provisions which shall rmarn in "full farce and effect. 9. Th4 legal degaipti on. of the properly subject to. the Amended Protective Covenants and Restrictions all Of which is located in Iowa city, Yohuson County, Cawa is as follows, to wit= Commencing in the center' of the Wyoming Road (also known as Lower Muscatine Road) at a point .whm'the same aossef tho West fate of the East dell of Section 24, Township 79 itsnga 6 West of the Sth -pM4 thence North along the ana half section line td Ste South line of the Chicago, Rock Island and PacificRat'imadzight,ofway; thence Southeasterlyaloog the.Soutli line ofsaidright of way to the But line of Section 24; thence Sot along. the W.ad East line of Seddon 24-to the crater of Wyoming Road; thence Northwesterly along.tho center of raid Wyoming Rbad to the'place of- beginning, all in Section 24, Township 74 Roth, Range 6 West of tfio 5111 P14 except for any portion o£the above desatTted ptopaty Tyiog witldq sire tight of way of gcott Boutevatt; dr of U.S. Highway 6; or of Herz Road; Tw7tCLUDItT(i that pact of Lots 1-4, A�rditot"s P1atM. 32 tying within ftce ataove described premises wad EXeI,iTD1NCi Let 1, B.D.L FoorttAdditioa lying within the above described premises and i;JCCLUDIN(i any pare of due following desai6ed premiyos: A 33 foot strip of land adjoining s gars of the Northwesterly line of Lot 2, H.DS. l vdrth Addition morn pauticufady described as follows: Commencing it the most Souilteriy carter of T of 1 of B D.L laoutth Addition to Iowa City, Iovra; theacb North 3li 41'40' East 124 23 feet along the 5oirtheasterly Iine of said Lot 1 to a point; thence North• 51°30'44" Wad 5020 fad wrong the7of tine of said Lot' 1 to the point of begitutiag of ihe'par -W heieia dwa#,K theuoe North 38 °41140" East along a hire which is patailel - to and 33- feet iti petpendiedv distance from the Southeasierly-llne ofssidlAt 1.660.79 feel to a point of cirtvaltiie,'&�oek Not9ueasietly albiig a 41'3- fcrot-ridhLt borne co�aacroNiitdtwtsteriy 36920 feet vIag a 37.03 -dchord bearing North 13 °05'° Ea; thaco iotticwcsterly to a poif(aald cua along i 3795 foot radius i; ive concave Northeastetiy 118.31 feet to a point (said carve having a 117.23 foot chord bearing North 31 °41'29" Wes!); thence Sotdtt 15 °45'344 Best 90.00 60ttc a point; • thence Southvireaterly along s U$foot nadirs curie concise 3d49iwc*r1y 361.16 feet to a point (said curve Lift. a 347.72 foot chord beaft South'i1°18'b2" WW),•• thmea South 38 °41140" West 660:91 feat to is poir; thence, South 51030'40" East 33.00 feet to the point of begmaiag. Said parcel - herein described 00 -AW05 0.8024 saes more ot; ICA and Is subject to eascmants of record; and INCLUDING that pact of Lot 2,-B.D.L Fourth Addition not includal w� the above desaibed premises except for arty part of the 33 foot strip described atbove; and MCLUD1Na that part of Lirt ' 4, B.b1. First Addition not including within - the d"W d.wmffxd pt anises, ' - #17166 - 5 (69 cont'd) 10. The owner's of the above- described,property to be included in the land subject to the amended covenants are as follows: A. Lot 2, BD[ First Addition: Raymond L: Bywater Estate, an undivided one -half interest; W. M. Bywater, an undivided one -half interest. B. Lot 3, BDI.First Addition: Edwin L O'Brien and lane E. O'Brien C. Lot 4, BDI First Addition: Economy Advertising Cominny. an Iowa corporation D. Lot 1, BDI Second Addition: Midnasl A. Rittoomeyer E. I-pr 2, BDI Second Addition: Madridc Additiow Inc., an Iowa corporation F. Lot 3, BDI Second Addition: Lyle W. Miller Company, Inc., an Iowa corporation 0. Lot 4, BDI Second Addition: Michael Development of Iowa Limited Partnership EL Lots 5-6, BDI Second Addition: . Meroayn*-an Iowa General Partnership 1. Lots 7 8, SDI Second Addition: Blooming Prairie, Warohouse, Inc. L Lot I, BDI Third Addition; except tract sold to City within Scott Boulevard Right of Way; - Amodcen College Testing Program, Inc: K' Lot 2, BDI Fourth Addition: Business D2 Wopmeat: Incorporated, an Iowa corporation L. Lot 1. BDI Fitfth Addition: Michael Development of I— Limited Partnership lvL Lots 2 -5, BDI Fifth Addition: Business Development, Incorporated, an Iowa corporation N. Lot 6, BDI Fifth Addition: Iowa- Blinois Gas and Electric Company O_ Lob 7 -9, BDI Fifth Addition: Business Developmead� Incorporated, an Iowa eagmration P. Lot 10, BDI Fffth Addition: Meronymi, an Iowa General Partnership Q. Lot 11, EDI Fifth Addition Business Development Incorporated, an Iowa corporation R. Lot 12, BDI Fifth•Additioa Nor•6rwestear -Bell idephone Co. diva U.S. West Communications S. Lot 7. Audioor Plat 32, except trail sold to ciil' rifit & Scott Boulevard Right of Way: L L. Polling ComppmY, Incorporated T. 37.5 Am Tact 4waibed arMows- Commencing as apoint,ofrefereace at the center of Section 24, Township 79 North, Range 6 West of the Frtlh Principal Maidiar, %lmson CCMIty, Iowa: thaorx south •68 040'00" West 34LIT fat along the No '& Iiaa of the QUthWest quarter of said Section 24 to a point (this is an sasmned bearing for purposes of this description only); thence South 00°50'00' East 630, i8 fed to a point oa tiro Notthafy right of wen liras of US. IiighwaY 96 {famaty kaaarnn as Wyomirag.Road); tharco 5ondr " sl *361o3" East -10000 feet along the Northerly. tight of way line of said U.S. Highway #6 to apglat; thence South 5505-1'48" Bast 199,97 feet along theNmdmdy.: tight of way line of sddU.S. Highway 06 to a-pohd; thence South 57°18'25" Hest 186.0 fora along the Nmdmly tight ofway line of add U.S. Highway #6 to gpoint; thence Sou&-57432'41" East 308.19 feet along the Norgtetiy tt M of way line of said U.S..Highway #6 to a poi4 thence South 58026'03" Had 14035 feed long the Northply tight of luny The of said US. Highway #6 io point of beginning of tract hernia described, which point is also looted on tyre easiody -right of .way line. of 4aWRoad;thencaooritinuing South 58 6'03" Bast 321.56fectdongthoNoitheiy #17166 - 6 (69 toted) right of way line of said US. highway #6•to a point; thence South 60 °51'28" Fast 1078.72 feet along the Northerly right of way We of said U.S. highway 96 to a point; thence -North 29 °08'32" East 916835 feet to a point; thence North 60 °51'28" West 1400.0 feet tea point, which point is op-the easterly right of way line of Heinz Road; theatre South 29°08'32" West 1154.74 feet along the eestcrly right of way line of Heinz Road to a point of beginning, and containing 37.5 acres, more or less. The Buncher Company, a Pennsylvania Corporation 11. These Amended Protective Covenants aad Restrictions may be executed im several counterparts, each of which shall be regarded for all purposes as one original and all of wldch .shalt constitute one and the same instrument: (76) IOWA- ujiNOIS GAS AND ELECTRIC AmKKD 1i m TO PROTECTIVE COVENANTS ' COMPANY, by VriItiam T. Green, Vice, AND IRMSTRICTIONS Dated July 7, 1992. President,. K. M. Giger, Secretary, (Seal) Recorded July 15,.1942, in Book 1403, Page 336. Counterpart same as at Entry . No. 69. to The Pubue. (71) L. L. PELLING COMPANY, AMENDMENT TO PROTECTIVE COVENANTS INCORPORATED, et al., AND RESTRiMONS. Recorded Jaly 16, 1992,in Book 1404, Page 215. to Couatcri -t same as at Entry No. 69, mecnted by parties as follows: The Public.. . ECONOMY :ADVERTISING COMPANY. BUSINESS DEV"PM13NT INCORPORATED by si W. hL Eywater,- President - by s/ Rap G. Glass, President • by sl Carol A. Maske, Secretary by sl Jack A. Kebew, Secretary Signed and acknowledged June 25, 1992. Signed add aclknowledgod .funs 25, 1992. MACBRIDE Ah)MION, INC Lif lZ W. NHI ER COMPANY, INC. by sf Lj a W. Hillery Pmsident Lyle W. Ivlitler, President by al Lyle W. Miller, S—et"y - Lyle W. Miller, Secretary Signed and acknowledged June 25, 1992. Signed and aclmowledged Lune 25, 1992. HiSRONYMI an Iowa Lateral Partnership W. 1•L Bywater by sl Wilfroda Iferanyrat Garerid Partner Unda A. Bywater Signed and ackaowledged June 75, 1992. RAYMOND L: BYWATE R ESTATE by sl W M. Bywater ai.Rxmdor theaeof Signed and acknowledged June 25, 1992. LL: PRELINd COMPANY, INCORPORATED by of Russell Rhin&W, President sJ Ndraol A. RitWwheym by s/ Diary Rhinehart, Serdary- st adoo. L: Rlftdrpoyer Signed aid acknowledged Irmo 25, 1992. Signed and- July 15, 1992 AiVMCA14 COLLEGE TXS'TYNG PROGPAM, INC. by at Richard L. Ferguson, President by s/ L B. Pugh, Jr., Trrasurcr Acknowledged Juno- 25, 1492. f T THE BUNCIIER COWANY, by Thomas J. Balestried, Pfesident, by Bernita B. Batter, Secretary, (Seal) to The Public. Edwin J. O'Brien and Jane E.- O'Brien, to The Public #17166 - 7 (72) AMiiNDMENT TO PROTECTIVE COVENANTS AND RESTRICTIONS. Dated July 3d, 1992. Recorded August 11, 1992, itt Book 1417,'Page 146. Counterpart same as at Entry No. 69. (73) AMMIM ENT TO PROTECTIVE COVENAN'T'S AND 11YU 'R►CFION& Dated August 10, 1992. Recorded AugusE 11, 1992, is Book 1417; Page 111. Counterpart same as at Entry N6.69. -(74) CITY OF IOWA CITY, IOWA, ZONING. ORDINANCE NO, 85 -3239. Recorded February 21, 1986JU the Office of the Recorder to of Johnson County, Iowa in Book 829, Page 144. Copy of the Ordinance ffi published -in File 166F, Folder 52, The Public. Docmrient No. 16. Ordinance passed by the City Council of Iowa CU}; Iowa, at a regular meeting held an the 4th day of June, 1985 and published in the Iowa City Press Citizen on the l4Hr day of June, 1985. (Sm record for complete context.) Examination ofthe Zoning Map, as revised, indicates that the properly abstract ham is designated-as: 1 -1 General Industrial (75) REAL ESFATE TAXES• MC1rd, NO. 6375bM (3.7 ac-located at SB cor SE NB do at NE cot NB SE ex Ely 30' ROW. 24 -79-6) Parcel Address: 2441 S. Scott Blvd, Iowa City, Iona. ' Fiscal. yew 1994: Ist'/s,• $3,879.00, paid. UO X, .$3,879.00. mrpaid. not delioWent. Tax lists show no taxes as being "a lien pn this property, including Special UsessmORWand Personal taxes. except as ice set out herein. We der not; however, certify to spedal assessments which have not been certified to the County Auditor. Addendum # 1 -- Stipulations on Use of Premises Lease between the City of Iowa City and Friends of Historic Preservation The Tenant shall be responsible for the duties listed in this Addendum #1, Stipulations on Use of Premises, which shall be reviewed annually, with agreement on or before the City and Tenant cannot agree upon Addendum #1 duties by 156e. 20,Jd1the duties of the current Addendum #lshall remain valid. Addendum #1 shall be executed by the Director of Public Works. Tenant shall: • Communicate to the public City- provided general site information during business hours; • Monitor the wood chips and compost sales area and notify City staff if the bins are empty or if there are other issues; • Schedule and provide two evening education programs annually at the Environmental Education Center; • Schedule and provide two weekend workshops annually at the Environmental Education Center; • Provide the Landfill with an annual memo of the number of tons of materials diverted from the landfill and the number of customers served. • Manage all dumped or donated items on Premises (outlined in Lease Agreement Section 2); and • Notify City staff of dumped items observed in other parts of the site, for City management or disposal , including: o hazardous waste, including oil, yard waste, recycling debris around bins, trash /dumped items on site not included in Tenant's Premises. The parties agree the stipulations listed above shall commence on F�r3QuA ,!� . Landlord: CITY OF IOWA CITY Jkd 2/21/2012 Date Matthew J. Hayek (Name &Title) Mayor Attest: 21 2012 Date Tenant: FRIENDS OF HISTORIC PRESERVATION �t�LDate (Name & Title) Date Marian K. Karr (Name & Title) (Name & Title) City Clerk Av {' •7, lR•C � iil� it {ti, I — 1141' tit y city •.S� I t HFH /Restore ' of 1, -7 Jri'�fi .'lire �� ,4 ,tS .mow ri y •. 4 _' ;,; +., �, ••�Saly. ern �` y, t t % /�•3 �`�{ t,tlr titer ` '� il' 311 I _ J f If. •t del' ' 7 1 , _...... _ t IC11 Furn. 1 PrOj. Exhibit B gl Premises 1Z , Friends of Historic Preservation 1` Lease, JaRuaf a , 2012 iF� f , East Side Recycling Center Site 2401 Scott Blvd., Iowa City, IA ; It I I INAW BETWEEN THE CITY OF IOWA CITY AND FRIENDS OF HISTORIC PRESERVATION This Lease Agreement ('ase ") is made by and between the and Friends of Historic Pre rvation ( "Tenant "). RECITALS A. The City of Iowa City, a muni 'pal corporation, is in the premises situated in the City of Iowa City, State of Iowa, co Suite A101, and has the authority to 1 se said premises. of Iowa City ( "City" or "Landlord ") of acquiring fee title to certain known as 2401 Scott Boulevard, B. Tenant wishes to operate a resale stor\'na tion of new building located at 2401 Scott Boulevard, Iowa City, Iowa; the portion capprox' ately 3,870 square feet of space C. The parties desire to enter into a lease ion f a new building located on the premises at 2401 Scott Boulevard, Suite 101A, Iowa City, In consideration of the foregoing and the mutual c, valuable consideration, the receipt and sufficiency Landlord and Tenant hereby agree as follows: j its hereinafter contained, and for other good and ich are hereby acknowledged by the parties, 1. DATE. This Lease is made to be eytective as of 2. PREMISES. Situated in the Ci of Iowa City, State Nf as 2401 Scott Boulevard, Landlord here agrees to lease to Tend. from Landlord, the building portion co aining approximately 3,8 2401 Scott Boulevard, Iowa City, Iow (the "Premises "), together via the access points to the Premises See Exhibit B for drawing of F including the Premises entrances e ending out ten (10) feet. 2012. Iowa, the premises commonly known t, and Tenant hereby agrees to lease total square feet of space located at w h access to and from the Premises rem' es). This includes exterior spaces 3. TERM. The term of 4 Lease ( "Term ") shall be ten (10) years'\ commencing on 2012, u less sooner terminated pursuant to any p vision hereof. Option to Renew. With the �ception of Section 5 entitled "Occupancy es," Tenant shall have the option to renew this Lease ufundred-twenty n the same terms and conditions contained her 'n for three (3) successive five (5) year terms followi the initial Term. Tenant shall be required to give notice to Landlord, in writing, not less than one (120) days prior to the expiration of the current Term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of occupancy fees no later than sixty (60) days prior to the expiration of the then - current term. Should Landlord and Tenant fail to reach agreement on occupancy fees by these deadlines, the Option will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air - conditioning, ventilating, plumbing, electrical and other systems therein. OCCUPANCY_ I sixth (1/6) of the semi -anrl regular monthly occupanc, Term of this Lease, Tenant ES. Tenant shall pay a deposit for dams e or default in the amount of one - d occupancy fees due. Said deposit ma not be offered by Tenant in lieu of fee payments. On or before January y and July 1 of each year during the pay to Landlord $1,935.00. This fee may be adjusted ann \bthle t the City's sole discretion Any change in occupancy fees shall be made by amendment executed City Manager. Fee incr ases shall be limited to 5% of the previous year's occupancy fee. The Cil notify Tenant of the C' 's intent to increase the occupancy fee not less than sixty (60) days prior uary 1 of each year. Occupancy fees shall be payable to t City City of Iowa Street, Iowa City, IA 52240. \ Y 6. UTILITIES Al utilities for the Premises. Utilities to be pal( electricity. Tenant shall pay for any and all j Premises, including garbage removal. , Attn: City Manager, at 410 E Washington Ten t shall pay for any and all separately metered ric7ri'al e, but are not limited to, water, sewer, gas, and ,it services and regular cleaning service to the 7. USE OF PREMISES. Tenant sh 1 use he the resale store and office and any other ac ivities r premises during all other hours. The /ad ises may purpose without written approval of ord. Tenan Amendment to Protective Covenants estrictions herein by this reference, as well as th endum Nu Tenant shall be responsible for g responsible for the duties listed i be reviewed annually, with agrel IUIET ENJOYM Premises for the conduct of Tenant's operation of onably related thereto, and shall secure the )t be used in any other fashion for any other 's use of the Premises must comply with the a ached hereto as Exhibit A and incorporated n r 1, as attached hereto including herein.. y�ral oversight of the Pre i /Addendum Number 1, Sti i lent on or before January 1. Landlord covenants and performs all of the agreeme s and covenants required of it hereu: quietly have, hold and enjo the Premises for the Term without ai hindrance by Landlord, e ept as otherwise indicated herein. If T In addition, the Tenant shall be )ns on the use of Premises, which shall that so long as Tenant observes and ler, Tenant shall peaceable and \encumbrance, interference or is use of the Premises is limited or denied through rezoning environmental impact edict, or other action f any public or quasi - public agency or government authority, this Lease, at the sole option of Ten t, shall terminate as of the effective date of suc ction and the occupancy fee applying to the unexp ed portion of the Term will abate. 9. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant - occupied areas and all common areas of the parking lot. L 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the e tate demised herein and to execute and per rm all of the terms, provisions, covenants and agreeme s provided in this Lease; (b) to the best of it knowledge, the Premises complies or will be made to comply with all applicable zoning requirem ts, ordinances, regulations, and a laws, affecting the Premises or required in Tenant's use o he Premises or common areas a nant to the Premises; and (c) to the best of its knoNNedge the Premises does n, Materials (as defined in Section 2X herein) and Landlord is law, ordinance or regulation relatin to industrial hygiene or about the Premises including, but of limited to, soil d occupant of the Premises has used, ge erated, manufac/14 e Premises any Hazardous Materials, as ter by a f 11. ASSIGNMENT AND SUBL T] a part of the Premises for any purpose, with ut all or a part of the Premises with Landlord's YN the payment of occupancy fee for the remaining 12. ALTERA consent, may make any alterations, imprc Tenant may deem necessary or desirable, improvement, or addition costs not more fcontain any asbestos or Hazardous in violation of any federal, state or local r to the environmental conditions on, under ground water condition, and that no previous 1, stored or disposed of on, under or about the rt of competent jurisdiction. NG. enant shall not assign this Lease, or sublease all or the rior written consent of Landlord. If Tenant subleases A consent, Tenant agrees to remain primarily liable for tZ of this Lease. IN AND ADDITIONS. Tenant, without Landlord's ents, r additions in, on or about the Premises, which Pt for tructural repairs, provided such alteration, one tho sand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000. 0), in seeking andlord's approval, Tenant shall submit a written description of the proposed wor along with plan and drawings respecting the same, completed by a registered Engineer or Architect, o Landlord for Lan lord's approval, which approval shall not be unreasonably delayed or withheld. T nant, at its option, ma remove such alterations, improvements, or additions made by it in, on or abou the Premises if the remo al may be done without structural damage to the Premises. Tenant's persona roperty and its trade fixtur s, including all machinery, equipment and furnishings, shall remain the pro erty of Tenant and may be re oved by Tenant. Any personal property, trade fixtures, alterations, imp r vements, or additions not remov d by Tenant within thirty (30) days after the end of the Term sha automatically become the property f Landlord. Landlord shall, at its sole expense, make any alteratio s, improvements or additions to the Pr mises (structural or non - structural) that may be required on a ount of any existing or future laws of an governmental authority, except alterations, improvemen or additions to the Premises as may be req 'red solely by reason of the nature of Tenant's business. I no event shall Tenant make any changes, mode ications, alternations, or additions to the exter. r of the Premises without Landlords' specific wri en approval, notwithstanding any provision cont ned herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall be responsible for upkeep and routine maintenance of the Premises, including repairs to the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall be responsible for building structural repairs, replacements or retro- fitting of a permanent character (including, but not limited to, components in the 1 air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required y any governmental or public authority, except for any damage caused solely by Tenant's negligence. T nant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition as ciated with the Building System. As us d herein, 'Building Systems' means the building utility elements ssential for Tenant's use and occupan y of the Premises including, but not limited to, such systems a are not readily accessible to Tenant such as underground water, sewer, electric and other utility Ii n s and maintenance services relate to the Premises. Tenant shall surrender the Premises in as good ord , repair and condition, or better, s the same were in the commencement of the Term, damage by fire and items covered by extended co erage insurance, unavoidable casualty, reasonable wear and tear, alter ions, improvements and ad itions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant ma at Tenant's e requirements, and subject to the prio approval of and replacement of any and all of Ten nt's signs. 15. TAXES. City, during the Ter ,cehlaoll h and special assessments imposed on the p : are located. Tenant shall pay all taxes asses d ; other personal property of Tenant contained ti includes any form of tax, assessment, licens < penalty, or tax imposed by any authority h in county, state or federal government, or a schoi district thereof or any public or quasi -p lic age: equitable interest of Landlord in the P mises, u1 leasing the Premises, or upon Tenant' use or occ , install signage, consistent with City Code rd. Tenant is responsible for care, maintenance, �y promptly when due, any and all real estate taxes real estate owned by the City upon which the Premises ainst and levied upon Tenant's trade fixtures, and all Premises. As used herein, the term 'real estate tax "' permit fees, rent tax, income tax, franchise tax, levy, :ie direct or indirect power to tax, including any city, 1, agricultural, lighting, drainage or other improvement or governmental authority, upon any legal or Landlord's right to occupancy fee or business of inabcv of the Premises. 16. INSURAN/en ovenants and agree that it will at its own expense procure and maintain general insupany or companies a thorized to do business in the State of Iowa, in the following amount Type of Cove a. Compreheniability Each Occ ence Aggregate (1) Bodily Inty Damage $1,000,000 $2,000,000 b. Excess Lia $1,000,000 $1,000,000 c. Worker's/Compensation Insurance as required by Chapter 85,�Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this `i Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant he eby releases the Landlord from any and all liability, whether in contract or tort (including strict liabil ty and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its e ployees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or njury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage r injury is caused by the Landlord's gross negligence or intentional willful m'sconduct. The parties he by agree that under no circumstances shall the Landlord be liable for indirect, nsequential, special or exemplary damages, whether in contract or tort (including strict liability a d negligence), such , but not limited to, loss of revenue or anticipated profits or other damage related the leasing of th remises under this Lease. 18. DAMAGE 1 CTIOA If the part by fire or other casualty, Landlord may el t to Premises to a good tenantable condition. If Lan or, ninety (90) days after the damage or destruction c ninety (90) days to complete, Tenant may, at Ten notice of Tenant's election to do so at any time prior that event, this Lease shall terminate as of the date c liability other than accrued but unpaid occupancy fee 19. CONDEMNATION. If all the Pr( condemnation or under the power of eminent power (all of which are herein called "conden further liability other than accrued but unpaid date the condemning authority takes title or 1, Premiss is damaged or destroyed in whole or in ermin e this Lease or repair and restore the does of commence the repair or restoration within rs, if repair or restoration will require more than 3 o tion, terminate this Lease by giving Landlord .o he commencement of the repair or restoration. In uch damage or destruction, without further lities and or applicable taxes. # or a ubstantial portion thereof is taken by yam, ors d under the threat of the exercise of said ion "), this ease shall automatically terminate, without .ipancy fee, ilities and or applicable taxes, as of the ssion, which ver occurs first. If any other taking (of the Premises or o erwise) adversely an ubstantially affects Tenant's use, access, or rights of ingress or egress of o to the Premises, then Te ant may elect to terminate this Lease as of the date the condemning a/orplicable akes possession, without rther liability other than accrued but unpaid occupancy fee, utilities an taxes. Tenant's elects n to terminate shall be made in writing within thirty (30) days alord has given Tenant writte notice of the taking (or in the absence of such notice, within fi) days after the condemning a thority has taken possession). If Tenant does not terminate this Lccordance with this Section, th Lease shall remain in full force and effect as to the portion of th es remaining. Any award or payment made upon condemnation of all or any part of the remises shall be the property of Landlord, whether such a and or payment is made as compensation for t e taking of the fee or as severance damages; provid , d Tenant shall be entitled to the portion of any s h award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, an additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or he leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 20. DEFAULTS. The following shall constitute "Events of Default ": (a) Monetary. Tenant shall fail to pay occupancy fee at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non - performance. Tenant shall fail to observe or perform any the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shal fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty 0) days after written notice by Landlord to Tenant, provided that if the default is not reasonably sus ptible of being cured within thirty (30) days, an Event of Pefault shall occur only if the Tenant fails to romptly commence such cure or fails thereafter to dilige4tly pursue such efforts to completion; or (c) Bankruptcy: Receive ship. If (i) Tenant files a petition in b uptcy or for reorganization or for an arrangement pursuant to present or future federal or state b nkruptcy law or under any similar federal or state law, or is adj dicated a bankrupt or insolvent, r makes an assignment for the benefit of its creditors, or admits in write g its inability to pay its debts generally as they become due, or if a petition or answer proposing th adjudication of Tenant as bankrupt or a reorganization of Tenant under any present or future feder or state bankruptcy la or any similar federal or state law is filed in any court and such petition or ans r is not discharged o denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or 'quidator of Ten of all or substantially all of the assets of Tenant or of the Leased Premises or any porti n thereof is ap inted in any proceeding brought by or against Tenant and is not discharged within thi (30) days a er such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurren e of Event of Default by Tenant, or at any time thereafter during the continuance of such Eve Default, Landlord may take any of the following actions and shall have the following rights agai t Tenant: (a) Termination. Landlord may elect to to hate e Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon e passa of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate s fully an completely and with the same effect as if such date were the date herein fixed for expira on of the Te and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have th immediate right upon for forcible entry and detainer. (c) Tenant to Remain Liable. N termination of this Lease operation of law or otherwise, d no repossession of the Pr. Lease or otherwise shall reliev Tenant of its liabilities and c survive such termination, rep ssession or reletting. of this Lease to bring an action nt to the provisions of this Lease, by X r any part thereof pursuant to this io s hereunder, all of which shall (d) Damages. In the event of any termination of this Lease or eviction fivin or repossession of the Premises or any part thereof by reason of the occurrence of an Event of D fault: (i) Occupancy Fees and Charges. Tenant shall pay to Landlord the occupancy fee and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. G (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non - Waiver. No right or remedy herein confe d upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and ev ry right and remedy shall be cumulative and in addition to any other right or remedy given hereunder r now or hereafter existing at law or in equity orb statute. In addition to the other remedies provided n this Lease, Landlord shall be entitled, to the extent rmitted by applicable law, to injunctive relief i case of the violation, or attempted or threatened violation, of any of the covenants, agreements conditions or provisions of this Lease, or to a decree co elling performance of this Lease, or to any ther remedy allowed to Landlord at law or in equity. (f) Landlord's Right to CuA If after written notice, Tenant fails V6 pay any utilities charges, insurance premiums, the cost of any oft e repairs or maintenance regl Lease or any other charges, cos or expenses required to be the right, but not the obligation, make all such payments, this Lease, Landlord shall have th option of requiring Tena payments (which shall be deemed a ditional occupancy fee 11 demand at 10% rate per annum. (The "Default Rate "). / e o be made by Tenant pursuant to the i' under the Lease, Landlord shall have in addition to its other remedies under to repay to Landlord the amount of such - under) on demand with interest after (g) Late Charge, Default Rate. If Land V*the re eive payment of any installment of occupancy fee or any other sum or charge required to be t to Landlord hereunder within ten (10) days after the same falls due (regardless of whehas received notice of the delinquency), Landlord may impose a late charge equal to five pef the amount of such delinquent sum and if such sum is not received by Landlord within ths of its due date, such sum shall, in addition, bear interest at the Default Rate from the due d date paid. (h) Non - Waiver. The failure of Landlord to iflsislt on conditions of the Lease, or to exercise any o tions he eii not be construed as a waiver or relinquis ent for the but the same shall be and remain in full rce and effect . any other sum payable hereunder with owledge of the contained herein shall not be deemed waiver of such b: strict performance of any of the covenants or i conferred in any one or more instances shall ture of any such covenant, condition, or option, The receipt by Landlord of any occupancy fee or each of any covenants or agreements 22. HOLDING OVER If enant remains in possessio os. f the Premises after the expiration or termination of this Lease, and wi out the execution of a new I e Tenant shall be deemed to be occupying the Premises as a to t from month -to- month, subject o all of the conditions, provisions and obligations of this Lease insof r as they are applicable to a month -t -month tenancy. 23. ACCESS BY (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty -four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of l inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employ es shall have the right whenever necessary and without notice to enter upon the Premises for th purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON- DISCRIMINATIO . Tenant covenants, in con: Tenant, its employees, and age is shall not discriminate a€ accommodation because of rac religion, color, creed, gel orientation, mental or physical d sability, marital status or limited to hiring, accepting, regis ring, classifying, upgra accommodation" shall include but of be limited to proviQ. advantages to the public. / fation of the right to lease the Premises that ;t any person in employment or public identity, sex, national origin, sexual "Employment" shall include but not be or referring to employment. "Public goods, services, facilities, privileges and 25. APPLICABLE LAW. Th� laws of the St e of Iowa shall govern the validity, performance and enforcement of this Lease. \ / 26. NOTICES. Notices, statement anJot er communications to be given under the terms of the Lease shall be in writing, unless otherwise o herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, dressed as follows: If to Landlord: With C pi \Aey If to Tenant: Director, Public Works Dept. Iowa ity Friends of Historic Preservation 410 E Washington St. 410 . Waon St. P.O. Box 2001 Iowa City, IA 52240 Io a City, 240 Iowa City, IA 52244 The address and person for written c mmunication m be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBR GATION. Landlord an Tenant and all parties claiming under or through them hereby mutually r ease and discharge each oth r, any other tenants or occupants of the building in which the Premise is located, and the officers, em oyees, agents, representatives, customers and business visitors of Land ord or Tenant or such other tenant or occupants, from all claims, losses and liabilities arising from caused by any hazard covered by in urance on or in connection with the Premises or said building, ven if caused by the fault or negligence of a released party. This release shall apply only to the extent t at such claim, loss or liability is covered b insurance. 28. ENVIRO ENTAL MATTERS. Tenant will comply wi h all environmental laws during the term of the Lease but shall bear no liability whatsoever and shall no assume any conditions for any existing environme al materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damag , liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. J 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as'liazardo/us substances," "hazardous materi " or "toxic substances" in the Comprehensive Environmental R `sponse Compensation and Liability ct of 1980, as amended, by Superfund Amendments and Rea thorization Act 42 U.S.C. §6901, et s q.; the Hazardous Materials Transportation Act, 42 U.S.C. §6 01, et seq.; Clean Air Act, 42 U.S.C. 7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et eq.; Clean Water Act, 33 U.S.C. §12 1, et seq.; the laws, regulations or rulings of the State of Iowa or y local ordinance affecting the Pre ises; or the regulations adopted in publication promulgated pursua t to any of such laws and ordinan es. 30. SEVERABILITY. The determined by a court of competent j this Lease or any other provision her 31. ENTIRE AGREEMENT. Thi attached hereto, set forth all of the coven and Tenant concerning the Premises and th conditions, either oral or written, between t manner except by an instrument in writing or unenforceability any provision of this Lease, as on, shall in no way ffect the validity of the remainder of Lease and any denda and exhibits attached hereto or to be promises, a eements, and conditions between Landlord Lease and t ere are no covenants, promises, agreements or This L ase may not be modified or amended in any ce uted b the parties hereto. 32. BINDING EFFECT. The covenants, c nditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parti hereto and their respective successors. 33. ATTORNEY FEES. If either p nam herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the revailin party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees be paid b losing parry as fixed by the court. 34. HEADING. Headings as to e contents of p icular sections herein are inserted only for convenience, and are in no way to be nstrued as a part o \tether, Lease or as a limitation on the scope of the particular section to which /nfer. 35. COUNTERPARs Lease may be exein counterparts, each of which shall be deemed to be an original and hich shall, when take constitute but one and the same instrument. I IN WITNESS WHEREOF, the parties hereto have executed this and year first above written. Landlord: Tenant: CITY OF IOWA CITII FRIENDS OF Mayor \ JoDb v' e Attest: City Clerk Approved: City Attorney 10 to be effective as of the day PRESERVATION ident &Treas(Nkne & Title) (Name & Title) CITY ACKNOWLEDGMENT STATE OF IOWA) ) )ss: JOHNSON COUNTY ) On this day of _, 2011, befory me, the undersigned, a notary public in and for the State of Iowa, per onally appeared Matt Hayek an Marian K. Karr, to me personally known, who being by me du sworn, did say that they are e Mayor and City Clerk, respectively, of said municipal corporati executing the within and f regoing instrument; that the seal affixed thereto is the seal of said municipa corporation; that said ins ent was signed and sealed on behalf of said municipal corporation by aut ority of its City Counci ; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said in ment to be the voluntary act and deed of said corporation, by it and by them vo untarily executed. Notary Public in and for the State of Iowa FRIENDS OF HISTORIC PRESERVATION ACKNO STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me John M. Chadima of authority) on Behalf of Friends of Notary YVblic in and for the State of Iowa. 11 30th )as Vice Pres MENT xfCWMXjM toric Preservati _day of Decembef, 20 , t & Treasurer (n,pe BAs' ��: I MARY LLEN CH�� F Commis on Numb r 122 or. My Comm. P. V #17166 - 3 (69) tvII DEVELOPMENT of IOWA AMSNDNRNT TO PROTECTIVE COVE ANTS LibUTE PARTNIrd 41P, by bftchwl 7. AND RE9`TRICTiONS. gated July 7,19 Swenson,- Partner, Recorded July 15, 1992, in Book 14. 03, P 331. to The Public. KNOW ALL BY IRM PRESE M that the undersigned, being the owners mote than fnftY percent (50•/,) of the following bed pmnises located in Iowa City,lohnson County, Iowa, wit Commencing in the: ter of the Wyoming Road (also known as iowar.M c Road) at a point whew the soma crosses a West liner of the. Bast Half of Section 24, To . 79 Range 6 West of the 5th PM4 tharce No along the osie half section line to the, South of the Chicago, Rock island and. Pacific Reilraad of way, lht nos Southeasterly aloe$ the So line ofsaid right ofway to the East fine of Section 2 -thence Sou& along the said Fast thin of n 24 to fhc canter of Wyoming Road; thence N Y along the neuter of said Wy Road to the place of beginning; all in Section 24, To 79.Notth, Ran ge.6 West of St1tPM . hereby amend the Protective Covenants pn Restrictions on said p. recorded in Book 359, Page 95 -101 as follows 1. By deleting any. portion of the shore bed property lyl within the right of way of scott Boulevard; or of US. JBWvv6y 6; and or of Reinz Road. 2. By.ddWog that part of Lots 1-4, An ' 's PIA Nb. 3 ying within the above described premises sect releasing that deleted property firm the tenh3 of tective and Resaidions. 3. By delcting that part of Lot 1. B.D.L• F Additi 'together with that part of a 33 foot strip of land adjoining 1ho Northwesterly One of Lot 2. B.D.I. F Ad ' ou Warb particularly described as follows: Commencing at the most Southerly corner of I.ot. of B.D.I. Fourth Addition to Fora City, Iowa; thence North 38 °41140 "•East 124.58 feet along the y tine of said Lot i to i point; thence Nord 51°30'40" West S0.20 *fed along ,the lot d Let -I-to the point of beginning bf the parcel hack described; thence North 3$ °41'40" al a Tina which is parallel to and 33 feet in perpendicular distance from the Sohitheasietly of Bald i 60.19 feet to a point of curvature; thence Northeasterly along it 413, foot radius conoa" easterly 369.20 feet to. it pomt•{said cove having a 357.03 -foot chop¢ bearing N 13005104" ; dunce Nottthwrsterly-along a 379.5 foot radius curvy eoaaave Northeaste* 11 31 fed to apoint ( . eta vd haviaB a 117,83• foot chord bearing North 31 °41'28" West);". South 15 °45136" 90:00 •feet to s. point; thence Southwesterly along a 380 foot radius, concavk NoiBt 1.16 feet t6 a point {sold nave 'having a347.72 foot chord bearing 11'2802 . test); ttteua .. 3E'41'40" Wat660.41 feet to 's point; thence, South •SI'30'40" 33-10 Sent to the point Of Said pakel herein described contains 0 -M24 accts err less and is subject to' easeai Of record, lylag•wida the above described and releasing that deleted property the teams of the Protective Covenants ind Restrictions. 4. By including "Put oft at .BJD.L Potirti3 Addition, PresessttY not ind within the above described premises except for any part of a 33. drip described in the, imtuediataiy precod' h `Ibe load to be included is owned by Business DeveI Incotpoeatad, as Iowa Corporation which' ca11Y agrees to subject this property to the Aniondod Co which fallow. �. By inclu id'ng drat pact o Lot d, $ D. C 17iiat addition pt�tly not out taus above described premises. This property is. by F,eonomy Advertising Company, an Iowa co tpoiab which specifically . . agrees to Subject t Prot Y the Atumded Covenants which follow. - 6. By terminating h 1-16 of the Protective Covenants and �Lestrictions in. tlh artitety and by adapting ft-following Protective Covenants said Restrictions in lieu thereof, to Seth 1. All opagtions the above describcd•pranises shalt be conducted or Maintained. oily ' . enclosed buildings, exoopt tot , and. of vehicles and transferring ofmatmkrfcam tttoraga sreasto tit closed buttding fa operations d 1 of the above described ptnpetty otiless flee following 2, No bu(tding be bnttf on ury portion _yh requi5anetlta ate met, wit iL EXHIBRIT "A" #17166 - 5 (69 cont'd) 10. The owner's of the above- described,prope ty to be included in the land subject to the amended coven . am as follows: A. Lot 2, C First Addition: Ra and L. Bywater Estate, an undivided ono-half interest; W. Al, n undivided oao-half interest. B. tot 3, B .First ddidon: Iid ` I. O'Brien and lane E. O'Brien C. Lot 4, HD1 ust Addition Rconom Advertising Company, an Iowa corporation D. Lot 1, BDt nd Addition Michael Rittw=3e r B. L•oY 2, BDI d Addition: Maduide tm, hw, , an Iowa corporation F. Lot 3, BDI Seooitd ddfdoa: Lyle W; Miller arty, be., an Iowa eorpotaktoa 0. L6t 4, BDI Second doo: Michael Dcvel t of Iowa Limited Partnership it Lots 5-6, BDI Sewed A an Memnyrat•am Iowa anal Patbtetship L Lots 7-8, SDI S`temd A ' Blooming P.W. W The. L Lot 1, BDI Thitd.Addhion, cx tract sold to City within Scott Amwfcan College Testing Inc K.' Lot 2, BDI Fourth Addition: Bttsioess Development. 1n an Iowa erporatioo Iw Lot 1. 13DI Fifth Addition: IvffchaoA Development of Iowa Lim Periaership M. Lats 2 -5, BDI Fifth Addition: Business Development, incorporated, Iowa oorporati N. Lot 6, BDI-Fifth Addition: Iowa - Illinois Gas and Electric Company O. Lots .7 - -9, BDI Fifth Addition: Business Development Incorporated, 3111 lon P. Lot 10, BDI Ffflh Addition: • Iiiaunyml, an Imm (Imeral ParW=Wp Q. Lot 11, BDI Fittir Addition Business Development laoosporated an Jo on IL Lot 12, BDI Fifth - Addition Northwa t m.Bdi Telephone Co, dwa U . West S. Lot 7. Audi(or Plat 32, except tract mid t'a viithiu Boa LE. Polling Company, Incorpaeated T. 37.5 Acre Trad described as-foliows: Right of Way; Right of Way: Commencing as apotnt of refermce at the of Section 24,1 . 79 Notch, gwge 6 West of the Fdih Priflcipal lvi jamson Cbtmty, I thence south - 88640100' West 341.17'fed along lk . -lino ofthe Sa hI of said Section 24 to a point (d* is an ssstim beafng for ptnposes of description only); thence South 00°50'00' East 63 18 frzt to a point on @tc Notch y right of way lies of U,S. Dray #6:{f kaaArn as W3ronring.Road); South 51.56'03• Fast -10000 foot along Norttedy, right of way line of. 'd U.S. highway #6 to a p93at; thence 55°5148" Bast 19997 feet along the erly sight efway fine of said.-U.S. way #6 to a•poiut; thence Soth 57 °18 ' Bast 186.0 feet along the Nordledy ofway line of said U.S. Highway #6 to a int; thence South •57°3241" East 08.19 feet along the 140111 by right of way ' of said U.S. Highway #6 to a thence Ontil58°26'03• Bast 14035 f W d the Nortierly'r4 tt of way ' of said U.S. Highway #6 to poiat of beginning of bacla daubed, which tat is also •Iotated tun the easterly -right of.way line• f l3dnzRosd; trance South 5826'03' Bast 3ZI.56 feat along the N r3 #17166 - 7 (72) THE BUNCIffiR C ' ANY, by Thomas J. AN$ND]NENT TO PROTBCTIVS COVEN Balestried, President, Bemita B. Batter, AND RE9MCTION& Dated.l* 31, 1992. Secretary, (Seal) Recorded August 11, 1992, in Book 1417, -Page 106 Counterpart game as at Entry No. 69. The Public. (73) Edwin J: O'Brien and Jane E.-O' 'ea, ANENDNENT TO PROTEGTWE CO AND RESt UMQN& listed August 10 1992. to Recorded Augusf 11, 1992. in Book 1417,• aga 111. Counterpart sane as at Entry 146- 69. The - Public C74) CITY OF IOWA CITY, IOWA, ZONING. ORDINANCE NO, 8 _ 239. Recorded Febmary 21, 1986, -in Office of the Recorder of Johnson County, Iowa in k 829, Page 100. Copy of to the Ordinance as published.' ile 166F, Folder 52, The Public. Doculdent NO. 16. Ordinance passed by the City Council of Iowa , Iowa, at a regular og hold on the 4th day of June, 1985 and published in the Iowa City Press Citizen an 14th day of Jmmq 85. (Sea record tr complete context,) Examination of the Zoning Map, as revised, indi that the p abstta6ta4 herein is desiguated•as: 1 -1 Genend. ustrial (75) • l� SSTA T •. - PARCH NO. 63756M (317 ac located at SE cor SE do cot 14E SE ox Ely 30' ROW, 24 -79-6) Parcel Address: 2401 S. Scott Blvd, Iotra City. I Fkcakynew 1994: Ist V..; 3,879. paid. 2nd %.$3.979 , unpaid, not ant Tax lists show no taxes as beingh lien on operty, including msessnents'and personal taxes, except as are set out herein. We do not, however, F r to Wedal assessat which have not been certified to the County Auditor. N _ �C. . , t'tyf t1 ,� 1 c ; City if. CAN :1, l HFH /Restore r� .i, t t rll.t v.(,rl 't I FHP /j lit lftt 't a' / j' I I ` �� t e •�p ' FF. �... Furn. 1 Proj. city I qtr Exhibit B Premises Friends of Histori Preservation Lease, January 1, 2012 f ''� t (•pI { r � r.• 1 j' t 1 East Side Recycling Center Site 2401 Scott Blvd., Iowa City, IA 1 1 15 Addendum # 1 -- Stipulations on Use of Premises Lease between the City of Iowa City and Friends of Historic Preservation The Tenant shall be responsible for the duties listed in this Addendum #1, Sti lations on Use of Premises, which shall be reviewed annually, with agreement on or before January 1. If the Cit and Tenant cannot agree upon Addendum #1 duties by January 1, the duties of the current Addendum #1s II remain valid. Addendum #1 shall be executed by the Director of Public Works. Tenant shall: • Communicate to the public City-provided general site informat' n during business hours; • Monitor the wood chips an compost sales area and notify Ci staff if the bins are empty or if there are other issues; • Schedule and provide two eve 'ng education programs an ually at the Environmental Education Center; • Schedule and provide two week nd workshops annually t the Environmental Education Center; • Provide the Landfill with an annua memo of the numbe of tons of materials diverted from the landfill and the number of customers serve . • Manage all dumped or donated item on Premises (o tlined in Lease Agreement Section 2); and • Notify City staff of dumped items obse ed in other arts of the site, for City management or disposal , including: o hazardous waste, including oil, ya wast , recycling debris around bins, trash /dumped items on site not included in Tenant's Premis s. The parties agree the stipulations listed above shall Landlord: CITY OF IOWA CITY Attest: Date (Name & Title) (Narr/e & Title) Z on January 1, Tenant: FRIENDS OF HISTORIC PRESERVATION LA 'Wko\'4 Date (Name & Title) Date (Name & Title) Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 12 -79 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY SWINE BARN AND BUILDING B FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. WHEREAS, the City of Iowa City Iowa has leased a portion of the 4 -H building for storage of Streets Division equipment since 1976; and WHEREAS, the City desires to continue leasing a portion of the 4 -H building (a /k /a Swine Barn), but to also lease Building B; and WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the attached Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Lease, attached hereto and made a part hereof, is approved as to both form and content. 2. The Mayor and the City Clerk are hereby authorized to execute and attest said Lease in duplicate. 3. The City Manager is hereby authorized to execute any subsequent renewals, as provided in the attached Lease. Passed and approved this 21st day of February , 2012. • —`I ATTEST: 6z,t % CIT LERK Approved by City Attorney's Office /� /�� Ll- Resolution No. 12- Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x_ Payne x Throgmorton LEASE AGREEMENT This Lease Agreement is made and entered into by and between the Johnson County Agricultural Association (hereinafter "Landlord ") whose address for the purpose of this lease is 4265 Oak Crest Hill Road SE, Iowa City, Iowa, 52240 and the City of Iowa City, Iowa, (hereinafter called "Tenant ") whose address for the purpose of this lease is 410 East Washington Street, Iowa City, Iowa, 52240. 1. Premises. Landlord here by agrees to rent the following premise to Tenant: a. A building locally known as the Swine Barn a /k/a Barn #2 located upon the Johnson County, Iowa Fairgrounds, said building being a 50' x 150' (7,500 square feet) barn equipped with natural gas burning heaters; and b. A building locally known as Building B located upon the Johnson County, Iowa Fairgrounds, said building being a 60' x 98' barn equipped with natural gas burning heaters. (hereinafter collectively referred to as the "Leased Premises "), 2. Term. a. Rental of the Swine Barn shall be for the following term: commencing on FE$. it , 2012 through June 30, 2012 and then for three (3) 10 -month periods commencing on September 1 of each year and ending on June 30 of each year. b. Rental of the Building B shall be for the following term: Commencing on November 1, 2012 through March 31, 2013, and then for three (3) 5 -month periods commencing on November 1 of each year and ending on March 31 of each year. 3. Rent. Tenant agrees to pay to Landlord as rent for said term as follows: a. Swine Barn: $1,000.00 per month for the ten -month periods payable in two equal installments of $5,000 due on January 1 and June 30 of each year. b. Building B: $2,000 per month for the five -month periods payable in one $10,000 lump sum on October 1 of each year. c. Tenant shall also pay all utilities used by Tenant, excluding electricity. All sums shall be paid to Mid - American each month. 4. Use of Premises. Tenant covenants and. agrees during the term of this lease to use and occupy the Leased Premises only for storage and maintenance of equipment. 5. Care and Maintenance of Leased Premises. a. Tenant takes the Property, Building and Leased Premises in their present condition. 2 b. Landlord shall keep the roof, structural part of the floor, walls and other structural parts of the Building in good repair. c. Tenant shall after taking possession of the Leased Premises and until the termination of this lease and the actual removal from the Leased Premises, at Tenant's own expense, care for and maintain the Leased Premises in a reasonably safe, serviceable and habitable condition. Tenant will not permit or allow said Leased Premises to be damaged by any act of negligence of the Tenant, its agents, employees or invitees. d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply with all valid regulations of the Board of Health, City ordinances, the laws of the State of Iowa and the Federal government with respect to the Property, Building and Leased Premises, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate in the area or to the front, side, or rear thereof, and it will remove same from the premises at its own expense. Tenant will not be responsible for snow removal. 6. Utilities and Services to Leased Premises. Landlord shall be responsible for the actual costs of electrical service supplied to Leased Premises. Heating shall be furnished at the expense of Landlord, except that Tenant will be responsible for natural gas expense of heating. Tenant shall be responsible for the actual costs of any and all other utilities or services supplied to Leased Premises, including but not limited to gas, water /sewage, and /or air conditioning services, during the term of this lease agreement. Neither Tenant nor Landlord shall furnish Janitor Service nor air conditioning equipment or maintenance thereof. 7. Property and Occupancy at Risk of Tenant. All property of any kind which may be brought upon or within the Leased Premises by Tenant, its employees, agents, customers and invitees, during the term hereof, shall be at the sole risk of Tenant. Landlord shall not be liable to Tenant or to any other person for any injury, loss or damage to any person or property in or upon the Leased Premises. Tenant agrees to assume all liability for or on account of such injury, loss or damage. 8. Surrender of Premises and End of Term - Removal of Fixtures. Tenant agrees that upon the termination of this lease it will surrender and deliver the Leased Premises to Landlord. Tenant may prior to the expiration of the term of this lease if not in default 2 3 hereunder remove any fixtures or equipment which Tenant has installed in the Leased Premises provided Tenant repairs any and all damages caused by removal. 9. Holding Over. Continued possession, beyond the expiratory date of the term of this lease, by the tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 10. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the Leased Premises without the prior written consent of Landlord. 11. Indemnity. Landlord agrees to assume liability for any and all losses, costs, damages, and expenses occasioned by or arising out of any accident or other occurrence causing or inflicting injury and /or damage to any person or property happening or done in, upon or about the leased premises, EXCEPT that Landlord shall have no liability for any losses, costs, damages, or expenses to tenant or Tenant's employees, or to Tenant's or Tenant's employees' property, incurred by Tenant or its employees in, upon, or about the leased premises when such losses, costs, damages, or expenses are directly caused by the negligence of Tenant or its employees and Tenant shall further hold Landlord harmless for any loss of Tenant's or its employees' property in the event of fire, theft, malicious mischief or vandalism. 12. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant shall have the right to file any mechanic's lien against the Property, Building or Leased Premises. Tenant shall give notice in advance to all contractors and subcontractors who may furnish or agree to furnish any material, service or labor of any kind. 13. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to perform any other duty of Tenant under the terms of this lease agreement, abandonment of the tenancy by failing to engage in its usual and customary business activities on the premises for more than ten consecutive business days, and /or institution of bankruptcy proceedings by or against Tenant or any assignment for the benefit of creditors or appointment of a receiver for the property or affairs of Tenant, shall constitute default by Tenant. In the event of default by Tenant, Landlord shall give Tenant a written notice specifying the default and giving Tenant ten days in which to correct the default. In the event Tenant has not remedied a default in a timely manner following a notice of default, Landlord may proceed with all available remedies at law or in equity including but not limited to termination of this lease agreement. In the event of such termination, Landlord shall give Tenant a written notice of such termination. Tenant shall vacate the Property, 3 4 Building and Leased Premises and be responsible to Landlord for all expenses of Landlord in terminating the lease and regaining possession of the premises, including attorney fees and court costs. 14. Remedies. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent or for termination of this lease because of Tenant's default in its performance. 15. Rights Cumulative. The various rights, powers and remedies of either party provided in this lease shall be construed as cumulative and no one of them as exclusive of the others. 16. Notices and Demands. Notices as provided for in this lease shall be given to the respective parties hereto at their respective addresses designated in this lease agreement. 17. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. 18. Changes to be in Writing. This lease agreement shall be in any manner modified, waived or abandoned except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 19. Other Provisions: a. The Lease, may, at Tenant's option be renewed for an additional term by Tenant's City Manager giving notice of its intention to renew this Lease on the same terms stated herein, which notice shall be given not less than sixty (60) calendar days prior to the expiration date of the term. IN WITNESS WHEREOF, the parties hereto have duly executed this lease on this day of 12012. JOHNSON COUNT A R CULTURAL CITY OF IOWA CITY, AS TENANT ASS CIATION, �� LA DLORD By: By: Brenda Ch istner, anager Matthew J. Haye ,Mayor Approved by ATTEST: t� WrOan K. Karr, City Clerk City Attorney's Office 4 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 4 On this �� day of %Y 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, persbnally appeared Brenda Christner, to me personally known, and who, being by me duly sworn, did say that she is the Manager of the Johnson County Agricultural Association and that the instrument was signed and sealed on behalf of the Association, by authority of its Board of Directors; and that the said Brenda Christner acknowledged the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of said Association, by it and tlj.em voluntarily executed. ,� AMY H ��� i� Commission Number ?59699 My c issi n Expires Notary Puband for the State of Iowa WOW, STATE OF IOWA ) ) ss: JOHNSON COUNTY ) s�- On this dl day of 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. 4hogasot 9791 ires Nota ry Public in and for the State of Iowa 5 I ^,® CITY OF IOWA CITY 14 MEMORANDUM DATE: February 7, 2012 TO: Tom Markus, City Manager �.., FROM: Rick Fosse, Public Works Director RE: Lease Agreement with Johnson County Agricultural Association — February 21, 2012 Introduction: The Public Works Department desires to enter into a lease agreement with the Johnson County Agricultural Association for the rental of two buildings located on the Johnson County Fairgrounds to store equipment for the Streets Division. History /Background: The Streets Division of the Public Works Department does not have a building for the storage of vehicles and equipment. This presents a variety of operational problems during cold weather, the most. significant of which is related to the hydraulic systems. During the winter months it is necessary for the Streets Division to rent space from the Fairgrounds as well as use space from other departments and divisions to store vehicles. With the development of the Terry Trueblood Recreation Area an old metal building was demolished that served as one of the locations to store vehicles. This made it necessary to rent more space at the Fairgrounds. This lease represents a renewal of previously rented space and new space. Discussion of Solution: Staff has negotiated a lease agreement for the rental of the Swine Barn from February 22, 2012 until June 30, 2012 and then for three (3) 10 -month periods commencing on September 1 of each year and ending on June 30 of each year. In addition, Building B will be rented for four (4) 5 -month periods from November 1 of each year ending on March 31 of each year. Financial Impact: The monthly cost for the lease of the Swine Barn is $1000 and for Building B is $2000 for a total annual cost of $20,000. The City is responsible for utilities. Recommendation: Staff recommends the authorization of the Lease Agreement with Johnson County Agricultural Association at the February 21, 2012 council meeting. M-43 c u Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5156 RESOLUTION NO. 12 -80 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY RECLASSIFYING THE PARKING CLERK POSITION, AFSCME GRADE 4, TO CUSTOMER SERVICE REPRESENTATIVE — PARKING, AFSCME GRADE 7. WHEREAS, Resolution No. 11 -67, adopted by the City Council on March 1, 2011, authorized budgeted positions in the Transportation Services Department for FY12; and WHEREAS, Resolution No. 10 -268, adopted by the City Council on May 10, 2010, established a classification /compensation plan for AFSCME employees; and WHEREAS, the Transportation Services Department has two full -time Customer Service Representative positions; and WHEREAS, the Transportation Services Department has one full -time Parking Clerk position; and WHEREAS, an evaluation of the duties performed by the Parking Clerk position within the Transportation Services Department showed performance of duties at the same level of the Customer Service Representative positions; WHEREAS, it was determined that the Transportation Services Department would be best served by the elimination of one full -time Parking Clerk position; and the addition of one full -time Customer Service Representative position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Transportation Services Department be amended by: 1. Eliminating one full -time Parking Clerk position (AFSCME grade 4). 2. Adding one full -time Customer Service Representative position (Administrative grade 7). The AFSCME pay plan be amended by deleting the position of Parking Clerk, grade 4. Passed and approved this 21st day of February 120 12 A MAYOR Approved by ATTEST: 'z &/ CI ERK City Attorney's Office It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens _ x Dobyns Hayek Mims _ Payne _ Throgmorton r CITY OF IOWA CITY 20 MEMORANDUM Date: February 15, 2012 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Reclassify Parking Clerk position to Customer Service Representative position Introduction: At the February 21, 2012 City Council meeting, consideration will be given to a resolution reclassifying a position in the Transportation Services Department from a Parking Clerk to a Customer Service Representative position. History /background: The Transportation Services Department operates a customer service office from 7:OOAM until 8:00 PM, Monday through Friday. During that time, our customer service staff handles phone calls and walk in traffic for information or services related to parking and transit operations. They are the first line of communication with the public in a department where information exchange with the public is critical. In addition to the communication duties performed, the customer service staff is also responsible for permit sales, SEATS application processing and several reports that we use on a daily basis. Currently, two of the positions are paid at a AFSCME grade 7 while one of the positions is paid at a AFSCME grade 4. Discussion of Solution: Prior to combining the parking and transit customer service offices, the position of Parking Clerk focused primarily on our parking customers. This included receiving payment for parking fees and assisting with parking inquires. Currently we have one centralized Transportation Services customer service center and this position is responsible for parking and transit related duties. These duties include managing parking permits, bus passes and SEATS applications. In addition, the Transportation Services Department has recently extended the hours that our customer service office is open which resulted in a change in how we operate. Due to the staggered shifts that resulted from this change and the increased responsibilities of this position, the customer service staff has equal responsibility in the performance of their daily duties. Financial Impact: The financial impact of this change will result in an increase to the Transportation Services budget of $3600.00 - $4800.00. Recommendation: It is the recommendation of the Transportation Services Department to reclassify the Parking Clerk position to a Customer Service Representative position. 0. Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145 RESOLUTION NO. 12 -81 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH MARKET SQUARE PARK PAVILION PROJECT. -- 02 -21 -12 21 WHEREAS, Apex Construction Company, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $88,762 for construction of the above -named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Apex Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 21st day of Februa MAYOR ATTEST: CITY -CLERK 20 12 Approved by ILt wm City Attorney's Office a I S IZ It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X X X X X X_ X Pweng /res /nmktpavilionproj- awrdcon.doc 2/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton -41 NOTICE TO BIDDERS NORTH MARKET SQUARE PARK PAVILION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 15th day of February, 2012. Sealed propos- als will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 21St day of February, 2012, or at special meeting called for that purpose. The Project will involve the following: Wood timber framed park pavilion structure, pcc stairs, metal railing, pcc sidewalk, pcc foundation, site electrical Bidders are encouraged to attend a Pre -Bid Meeting to be held on Tuesday February 7th at 10:OOam in the Engineering Conference Room on the 3rd floor of City Hall at 410 East Washington Street in Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Calendar completion Date: May 31, 2012 Specified Start Date: March 5, 2012 Liquidated Damages: $ 500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Public Works Department, Iowa City Iowa, by bona fide bidders. A $25 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer of the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 12 -82 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT. WHEREAS, Neumiller Electric, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $95,680.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Traffic Signal Projects account # 3814. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Neumiller Electric, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 21st day of February _,20 12 I MA •- ATTEST: 721_,,,) 2t- CITY CLERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: X X X X X X_ X Pweng /res /awrdcon- hwy218mei rose_traffsig nal.doc 2/12 ApprcrV6d ­ by a pity Attg6ey's I e Payne the Resolution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton NOTICE TO BIDDERS HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 16th day of February, 2012. Sealed propos- als will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 21St day of February, 2012, or at special meeting called for that purpose. The Project will involve the following: Furnish equipment, materials and labor to install a new traffic control signal at the intersection of the Highway 218 southbound ramps and Melrose Avenue, and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: March 1, 2012 Specified Completion Date: May 18, 2012 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Iowa City Engineer's Office in Iowa City, Iowa, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. RESO TION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN A D THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRU ION OF THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATI N PROJECT. WHEREAS, responsible bid of $ WHEREAS, funds for this proje NOW, THEREFORE, BE IT R CITY, IOWA, THAT: 1. The contract for the 22 of has s bmitted the lowest for construction of the above -named prof t; and t are available in the Traffic Signal Proj cts account # 3814. =_S\OLVED BY THE CITY COUNC OF THE CITY OF IOWA of the above -na , subject 1 adequate performance and payment ond, insurance program statements. 2. The Mayor is hereby authorized to sign nd E construction of the above -named project/in s b' ct adequate performance and payment boan program statements. 3. The City Engineer is authorized to execge in the construction of the above -named Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call AYES: / were: Pweng/ res/ awrdcon- hwy218melrose_traffsignal. doc project is hereby awarded to condition that awardee secure cates, and contract compliance City Clerk to attest the contract for to the condition that awardee secure :e certificates, and contract compliance as they may become necessary / 20 MAYOR Approved by City Attorney's Office and seconded by the R& solution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Tracy Hightshoe, Comm. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 12 -83 RESOLUTION ALLOCATING HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2013 WHEREAS, the City of Iowa City budgeted for aid to local human services agencies; and WHEREAS, the Housing and Community Development Commission recommended allocations of aid to agencies funding amongst human services agencies (Exhibit A) at its January 19, 2012 meeting; and WHEREAS, the amount of aid proposed to be allocated, $391,829, is budgeted as Aid to Human Services Agencies in the FY13 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The funding recommendations from the Housing and Community Development Commission are hereby adopted. 2. The City Manager is hereby authorized to execute agreements for aid to agencies with the organizations identified in Exhibit A (attached). Passed and approved this 21st day of February '2012. ATTEST: CITY RK l 1 1 A MAYOR Approved by City Attorney's Office It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens _ X Dobyns X Hayek X Mims X Payne _X Throgmorton 0� ..3 _ H O _ O � o E E O E U E _ O O v E a� Q °C O Q to @ > m = p = LL W V) _ 7 O E to O Q U O -p 41 O Q � M r-1 � 7 � O 2 N r- ,1 O O ++ 0000 O O 0000000 0 0 Ln O O O O O O O O N N 00 0 C C 0 , 0 C o 0 Lo 0 Ol O w O In O ei M 0 C N - t� to � t� to to to to to t/} to v V u O 2 m N O � O O O O O O O O O N O O O O O O O O O O O N O ix z o z 0 lD O O O O O z O 0 z O 0 0 N N O M } tO n n try td � tn• ul tn . ul � tO /} iO n tO o tn• N � iO h `-I tD LL ++ U O O O 0 O 0 O O 0 O C O 0 O O O O O Ln O 0 O 0 O O 0 O 0 O 0 LLn 0 O 0 o 0 0 0 0 p 0 0 0 0 0 0 0 0 ul 0 0 01 0 0 Q o o 0 �n O N nj ��j N m O � A N� Ln �n ri (V I� 00 00 r' O r' O z 6 N r-+ lD m O m N to � th to to tn. tn• LL ro U i Q U L 0 O v .. ro a) N w O L N L U 4� H p n m U Q>, _ O >c - O i V) w U O ra y L O U o w C)f O a� O i3 o ++ L N U U L Q O Q O O O N bD \ Q V] O >' ° Q -°a V _ 4- O m .N O V, ° N v O U U U < v ' bA L L O O w (O ' a Q.7 m U U U o w LL LL LL _ 1 z a = I = a v) U L- L fB N O N m 4� bA m U *' O ri O lD m O in M � rI lD r-4 N 01 l0 LL tv} t/} N r �^!'�.. ®-4 CITY OF IOWA CITY 23 MEMORANDUM Date: January 30, 2012 To: City Manager From: Tracy Hightshoe, Community Development Planner Re: Aid to Agencies Funding Allocation Introduction: The City annually budgets financial aid to human service agencies serving Iowa City residents. For FY13 the City budgeted $391,173 for this purpose. The attached resolution allocates these funds to the identified local human service agencies. History /Background: Last year the City Council directed the Housing and Community Development Commission (HCDC) to review and formulate a funding recommendation for the applications requesting Iowa City funds received under the United Way Joint Funding process. Similar to previous years, Johnson County human service agencies request funding for United Way, Johnson County and the cities of Iowa City and Coralville on this one application. At their January 19, 2012 meeting, the Housing and Community Development Commission (HCDC) developed a funding recommendation to forward to City Council. HCDC's funding recommendation is attached to the resolution. Discussion of Solutions: This is the second year that these funding recommendations have been made by the Housing and Community Development Commission. Previously, funding recommendations were made by a subcommittee of the City Council. The City Council has the option of allocating these funds differently from the HCDC recommendation. Financial Impact: The City budgeted $391,173 in the FY13 budget for financial aid to human service agencies serving Iowa City residents. These funds consist of funds from the General Fund ($274,173), Community Development Block Grant (CDBG) program ($91,000), and utility user fees ($26,656). Recommendation: Staff recommends the allocation of funds consistent with the HCDC recommendation, which is attached to the resolution. JOHNSON COUNTY Social Services Lynette Jacoby, LMSW — Social Services CZAinator P_3 February 10, 2012 Mayor Hayek and Members of the Council, Recently the Housing and Community Development Commission (HCDC) completed the process of reviewing grants and making recommendations for funding. The Consortium for Youth Employment has been a grant recipient for the past four years. This year we did not receive notification regarding the new application process, until after the funding recommendations were made. I respectfully request that the Council consider funding the Consortium for Youth Employment for fiscal year 2013. The Consortium for Youth Employment has been jointly funded by Iowa City Aid to Agencies, Johnson County Social Services and Johnson County Decategorization. Given the untimely passing of Linda Severson and a transition in the Social Services Coordinator position with the County the application process this year was unclear. This year the MPO relied on United Way to solicit all grant proposals. The Consortium for Youth Employment does not receive funding from the United Way, thus we did not receive correspondence regarding the re- application process. While it is true that Johnson County Social Services also solicits (Social Service Block Grants) Aid to Agencies through the United Way application process, the application process is different for the non - United Way Agencies seeking funding. United Way, President and CEO, Christine Scheetz confirmed that historically the MPO (prior to that the Council of Governments) has taken on the task of soliciting grant proposals from non - United Way affiliated agencies, while the United Way managed the joint funding grant solicitation process for the United Way affiliated agencies. This has also been the process utilized by the County, with the Johnson County Social Services assuming responsibility for seeking grant proposals from non - United Way affiliated agencies. This year the MPO relied solely on United Way and we were not notified about the need to submit a grant proposal through the United Way joint funding process in order to receive continued support from Iowa City Aid to Agencies. Last year the Consortium for Youth Development received status quo funding of $14,000. The Consortium for Youth Employment is a collaboration of area agencies including, Neighborhood Centers of Johnson County, United Action for Youth, Goodwill, Community Corrections Improvement Association, and Johnson County Social Services. The Consortium partners to provide the Youth Empowered to Serve — YES! Summer Employment Program. This program targets low- income youth 14 to 17 years of age with no prior work experience. Youth participate in work - readiness classes, self - empowerment/life skills classes and complete community service assignments. Youth earn a stipend of $12.50 for every two hours of successful completion of scheduled activities with a maximum of $50 per week. Last year 51 youth participated in the program. Johnson County Health & Human Services Bldg. • 855 S. Dubuque St., Ste. 202B • Iowa City, IA 52240 • Phone (319)356 -6090 • Fax (319)688 -5711 With the absence of the WIA summer youth employment last year, the YES! Employment Program filled an important gap for Iowa City youth. Research has documented that youth employment is an important and successful protective factor that reduces risky adolescent behaviors such as substance use and abuse and juvenile delinquency. The absence of Aid to Agency funding from Iowa City may be the demise of this successful collaborative program. Linda Severson and Amy Correia were the pulse of Social Services in Johnson County. The simultaneous loss of both in the field has created gaps that are still being mended. Given the recent changes and lack of clarity with the application process I urge you to continue funding the Consortium for Youth Employment's Youth Empowered to Serve Program. I would be happy to provide an application for funding upon request. I have included the 2011 Youth Empowered to Serve Program Description for your review. Please feel free to contact me with additional questions. Thank you for your consideration. Warm regardsKCoor Lyn to Jac o So al Servic r .Joh nson County Health & Human Services Bldg. • 855 S. Dubuque St., Ste. 202B • Iowa City, IA 52240 • Phone (319)356 -6090 • Fax (319)688 -5711 American Red Cross Grant Wood Area Chapter February 8, 2012 City of Iowa City City Council 410 E. Washington Street Iowa City, IA 52240 Dear Council Members: N_ ^r r �rr� Lu'�F.._. 6300 Rockwell Drive NE PO Box 10375 Cedar Rapids, IA 52410 -0375 (319) 393 -3500 (Cedar Rapids) (319) 337 -2119 (Iowa City) (319) 393 -1841 FAX We recently received communication from the City of Iowa City regarding FYI Aid to Agencies funding through the United Way Joint Funding process. The American Red Cross was one of three agencies that previously applied for FYI Aid to Agencies funding, but had not applied for the FY 13 funding cycle as we were not aware of the funding timeline. In years past we received communications from Linda Severson regarding the upcoming funding process and had come to rely on her as a trusted resource for local government funding. We are deeply saddened as we have lost a dynamic community leader and she was an amazing individual to work with. We will ensure moving forward to mark our calendars to follow -up with city staff in early August to receive additional information about the funding process. We have been informed that the Housing and Community Development Commission (HCDC) already met on January 19, 2012 and developed a funding recommendation to forward to the City Council and that it is too late to be considered for funding by HCDC. However, we were also informed that we may make a direct request for funding to the City Council for these funds. The American Red Cross deeply values and appreciates the continued support and partnership we have received from the City of Iowa City over the years so that jointly we can provide humanitarian lifesaving services to those in need in our community. We are making a formal request to seek funding from the City Council for FYI 3. The funding source we receive from the City of Iowa City is critical to the assistance we provide to the community. The American Red Cross helps individuals who live, work and play in Iowa City. Each year the American Red Cross, whose total workforce is 96% percent volunteers, responds immediately to disasters in Iowa City, including house fires, tornadoes, floods and other natural and man -made disasters. We also educate community members in important lifesaving skills like babysitting, CPR, First Aid, AED use, aquatics and more. In addition, the agency also relays emergency communications to a military member ranging from news surrounding a death in the family where an emergency leave is needed to a congratulatory message on a new birth in the family. Your continued support enables us to provide these lifesaving services 24 hours a day, seven days a week in Iowa City. www.grantwood-redcross.org American Red Cross Grant Wood Area Chapter 6300 Rockwell Drive NE PO Box 10375 Cedar Rapids, IA 52410 -0375 (319) 393 -3500 (Cedar Rapids) (319) 337 -2119 (Iowa City) (319) 393 -1841 FAX Below are statistics pertaining solely to services provided in Iowa City by the American Red Cross. Data pertaining to ernergencyassistance provided to over 600 clients in Johnson County during the June 08 floods is not included in the section below, which impacted Iowa City tremendously. American Red Cross Services in Iowa City, IA FY#9 FY10 FY11 Water Safety Enrollees 779 565 1826 Health and Safety "Training Participants 1941 1696 1226 Disaster Responses (# of Households) 12 15 12 Disaster Responses (# People Served) 37 53 48 Service to the Armed Forces: # of Emergency Communications Assistance 44 60 54 # of Trained New Disaster Volunteers 2 15 8 Battery Up Program: Install Smoke Detectors & Batteries (# of Households) 42 63 78 Community Disaster Education (# of Participants) 595 239 536 Please do not hesitate to contact us if you have any questions or concerns at 319- 393 -3500. We thank you in advance for your time and consideration. Sincerely, Sarika H. Bhakta Major Gift Officer BE . www.grantwood- redcross.org