HomeMy WebLinkAbout2012-03-20 ResolutionMc�9
3c(8)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 12-107
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:
Caliente Night Club - 171 Highway 1 West
Passed and approved this 20th day of
MAYOR Pro tem,
Approved by
' �L�JgF�W
L!J
March
2012
City Attorney's Office
It was moved by Ghamnj n and seconded by_n„h�,nG _the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
x
Dickens
x
Dobyns
x _
x Hayek
Mims
x
x
Payne
Throgmorton
x
0 0-12
CITY OF IOWA CITY 3d(1)
MEMORANDUM
Date: March 81h, 2012
To: Tom Markus; City Manager
From: Jeff Davidson, Planning and Community Development Director
Re: March 20th City Council meeting agenda item; Mid -way pedestrian countdown
signals and improved pedestrian refuge TSIP grant
In 2011, Iowa City applied for $21,500 in Traffic Safety Improvement Program (TSIP) funds from
the DOT to improve pedestrian refuge areas and install mid -way pedestrian signal buttons and
countdown timers at the following intersections in Iowa City:
• Melrose Avenue / West High School
• Hwy 6 / Boyrum Street
• Hwy 6 / Keokuk Street
• Hwy 6 / Broadway Street
• Hwy 6 / Fairmeadows Street
This winter we received notification that Iowa City was awarded $21,500 in reimbursement for
100% of the cost of materials required for this project.
Background:
This project will provide refuge for pedestrians who cannot cross the wide, higher speed, and
heavily travelled corridors in one signal cycle. The additional mid -way pedestrian countdown
timers will also be easier for pedestrians to read from the curb.
Discussion of Solution:
The MUTCD now recommends the use of slower walking speed (3.5 feet/second) to calculate
pedestrian clearance time. Installing mid -way pedestrian signal buttons will allow the timings to
be set to the refuge area rather than the entire crossing distance. This will allow the City to set
the side - street green times appropriately for the side street traffic volumes which will keep the
traffic signals on the main line "in coordination ". This will help reduce congestion, delay, and
driver frustration on Highway 6 and Melrose Avenue, especially during peak periods.
Recommendation:
Staff recommends approval of the TSIP grant resolution to improve pedestrian safety and traffic
signal operation.
Funding Source:
There are no off - budget costs associated with this project. The costs for the purchase of all
materials required for this project will be reimbursed by the DOT. The Streets Department has
confirmed that the project will be completed by city staff in the upcoming year within the adopted
FY12 and FY13 budgets.
cc: John Yapp
Rick Fosse
Darian Nagle -Gamm
Prepared by: Darian Nagle -Gamm, Traffic Engineering Planner, 410 E. Washington St.
Iowa City, IA 52240 (319) 356 -5254
RESOLUTION NO. 12 -108
RESOLUTION APPROVING RECIEPT OF TRAFFIC SAFETY IMPROVEMENT
PROGRAM (TSIP) FUNDS FOR PEDESTRIAN TRAFFIC CONTROL DEVICES
ON HIGHWAY 6 AND MELROSE AVENUE
3J(I)
WHEREAS, the Iowa Department of Transportation administers the Traffic Safety Improvement
Program (TSIP), the purpose of which is to fund traffic engineering improvements which reduce
vehicle collisions; and
WHEREAS, the City of Iowa City has been awarded $21,500 in TSIP funds for reimbursement of
the purchase of materials for pedestrian refuge area improvements, mid -way pedestrian buttons,
and pedestrian countdown timers at five crosswalk locations on Highway 6 and Melrose Avenue;
and
WHEREAS, City of Iowa City Streets Department staff will complete the in -kind installation of
enhanced pedestrian facilities in the upcoming year; and
WHEREAS, a requirement of the grant application is a resolution officially approving the grant
award and assuring that any funded improvements will be adequately maintained; and
WHEREAS, The City of Iowa City's application and proposed project conforms with the MPOJC
Long Range Multimodal Transportation Plan by reducing collisions and increasing the efficiency of
the Highway 6 and Melrose Avenue corridors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor or designee is hereby authorized to execute the "Application Certification for
Local Government."
2. The City Clerk is directed to certify a copy of this resolution and to file it with the Johnson
County Recorder.
3. The City Manager or designee is hereby authorized to execute all necessary agreements
and documents for said grant with the Iowa Department of Transportation.
Passed and approved this 20th day of March, 2012, on a vote of 6 affirmative and o
negative.
dtW4�.
Mayor Pro tem
ATTEST: %���✓� 7� sI
City Clerk
Approved by;. nja
City Attorney's ffice
r _..� (•';�,ii •, I���t �i5� - V�i.'. . "ui �Ut -_�. t .:i�`�I� � �!Jii�. _ �C,' li t, _._ � t. __.
Resolution No. 12 -108
Page 2
It was moved by Champion and seconded by nohynG the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
10.1 %li-I
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r
=t.F. ®_�� CITY OF IOWA CITY
MEMORANDUM
Date: March 9, 2012
To: Tom Markus, City Manager
From: Marcia Bollinger, Public Art Program Coordinator
Re: Donation of "All the Word's a Stage" BookMarks Sculpture to the City of Iowa City
sa(2)
Introduction: On March 20, 2012, the Iowa City City Council will be asked to accept a donation of the
BookMark sculpture "All the Worlds a Stage" being donated by Gregory P. and Barbara Morse Black. This
BookMark will be located adjacent to the Riverside Festival Stage in City Park.
History /Background:. In June 2011, 25 unique BookMark statues were unveiled kicking off 6 months of
celebrating reading, writing, and book art in Johnson County. Four additional statues debuted in July. All of
these books were sponsored by various individuals and entities. These gigantic statues were created by artists
from throughout the Midwest and were on display through the end of October in Coralville, Iowa City, North
Liberty, and at the Eastern Iowa Regional Airport. On November 10, an auction was held to conclude the
project with all proceeds going to benefit the Iowa City UNESCO City of Literature and the public libraries of
Iowa City, Coralville and North Liberty. On December 6, 2011, the Iowa City City Council voted to accept the
donation of three BookMark statues purchased by private individuals or entities.
new
ALL THE WORLDS A STAGE
By Jo Myers - Walker
Donated by Gregory P. and Barbara
Morse Black
Located adjacent to the Riverside Festival
Stage in City Park.
Recommendation: The City Council authorizes the acceptance of donated Bookmark sculpture "All the World's a
Stage" as detailed in the donation agreement. Installation should occur in the next two weeks.
W� 3 ,1 (4)
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030
RESOLUTION NO. 12 -109
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST DONATION AGREEMENTS FOR THE ACCEPTANCE OF "BOOKMARK"
SCULPTURES UPON THE RECOMMENDATION OF THE PUBLIC ART ADVISORY
COMMITTEE
WHEREAS, a public art initiative included the creation and installation of "Bookmark" sculptures in
public spaces throughout the City, which sculptures were auctioned to private parties at the end of
the program; and
WHEREAS, several purchasers of these sculptures wish to donate them to the City for further
public display and /or use and the Iowa City City Council previously accepted three Bookmark
sculptures on December 6, 2011, and
WHEREAS, another Bookmark, "All the World's a Stage" is being offered to the City by Gregory
P. and Barbara Morse Black and the Parks and Recreation Department has agreed to locate
the Bookmark adjacent to the Riverside Festival Stage, and
WHEREAS, the public art advisory committee reviewed this proposed donation and
recommended acceptance of said sculpture as being in the public interest pursuant to the terms
of the attached donation agreement at their March 8, 2012 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council of Iowa City, Iowa finds it in the public interest to authorize the
acceptance of the donated "Bookmark" sculpture under the terms of the attached donation
agreement to enable said sculpture to be displayed or otherwise put to public use.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the donation
agreement for the acceptance of the "Bookmark" sculpture as recommended by the Public
Art Advisory Committee.
Passed and approved this 20th day of March , 2012.
MAYOR Pro tem
ATTEST: A �,7e,- X • i�t
CITY CLERK
Apprloved-
City Attorney's e
.._-�
Resolution No. 12 -109
Page 2
It was moved by Champion and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
Hayek
x Mims
x Payne
x Throgmorton
CITY OF IOWA CITY
PUBLIC ART PROGRAM
AGREEMENT FOR CITY'S ACCEPTANCE OF DONATION OF "BOOKMARK" SCULPTURE
THIS AGREEMENT is made on this 2othday of March , 2012, by and among
the City of Iowa City (hereinafter "Owner "), and Gregory P. and Barbara Morse Black
(hereinafter "Contributor ").
WHEREAS, on the recommendation of the Iowa City Public Art Advisory Committee,
Owner desires to accept as a gift the "Bookmark" sculpture entitled "AIII the World's a Stage"
hereinafter referred to as "Art Work ".
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
1. Contributor hereby conveys all of their right, title and interest in the Art Work to Owner as a
donation and upon acceptance by Owner, the Art Work shall become Owner's sole property.
Contributor acknowledges that he will not be compensated by Owner for such donation.
2. Owner intends to install the artwork for public exhibition, but reserves the right to alter the
location of the Art Work, relocate the Art Work, remove the Art Work from public display and
dispose of the Art Work pursuant to Paragraph 8 below.
3. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributor
until Owner takes possession of the Art Work. The Contributor shall not be responsible for loss
or damage due to vandalism, theft, accidents, or acts of God once the Owner takes possession
of the Art Work.
4. Warranties of Title: Contributor represents and warrants that, to the best of his knowledge:
(a) the Art Work does not infringe upon any copyright; and (b) the Art Work is free and clear of
any liens from any source whatever.
5. Warranties of Quality and Condition: Owner takes the Art Work as is and Contributor
warrants that they know of no inherent defects in the Art Work and have not committed any act
that would materially affect the quality, durability or longevity of the Art Work.
6. Copyright Disclosure: Contributor affirmatively states that they are not aware of whether the
Art Work has been registered on the Register of Copyrights or otherwise copyrighted.
7. Contributors' Recognition. Upon installation or any future relocation of the Art Work, the
Owner shall, at its expense, prepare and install at the site a plaque identifying the Artist,
Contributor, the title of the Art Work, and the year of completion and shall reasonably maintain
such notice to the extent as may be practicable.
8. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally
2
damage, alter, modify or change the Art Work without the prior written approval of the
Contributor. Owner shall take reasonable steps to assure that the Art Work is properly
maintained and protected for a reasonable period of time, however, Owner has no obligation to
maintain the Art Work in perpetuity and may, in its sole discretion, dispose of said Art Work.
Owner reserves the right to alter the location of the Art Work, relocate the Art Work, remove the
Art Work from public display and dispose of the Art Work.
9. Permanent Record. Owner's Representative shall maintain on permanent file a record of this
Agreement and the location and disposition of the Art Work.
10. Entire Agreement. This writing embodies the entire agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
Con- fibutor
Ir
-.• i�
•. ra Morse Black
Owner
/
Susan Mims, Mayor. ._Prq.tem
Attest: ,/ / /Z Z,2t�
Marian K. K'dn, City Clerk
Approved by:
City Attorney's Office
L 3ds>
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12-110
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 MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE
COMPANY D /B /A JAVA HOUSE, 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, Moka Java LLC, as landlord, and Iowa City Coffee Company, d /b /a Java House, as
tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 211 'h
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 20th day of March , 2012.
MAYOR Prot m
ATTEST: ri -
CITY-CLERK Approved by:
City Attorney's Office
Resolution No. 12 -110
Page 2
It was moved by Champion 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
W3 03-2- j
L 2(4)
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12-111
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 GRAZE IOWA CITY LLC D /B /A
GRAZE, 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 Graze Iowa City LLC, d /b /a Graze, as tenant, applied
for a renewal of a temporary use of the public right -of -way agreement at 115 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 20th day of March , 2012.
MAYOR Pro t m
ATTEST:
CITYi CLERK Ap ved
City Attorney's Office
Resolution No. 12 -111
Page 2
It was moved by Champion 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
M �-g
sd�s>
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12 -112
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 AMBROSE PROPERTIES, LC, AND TENANT CAFFREY, INC.
D /B /A DC'S, 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, Ambrose Properties, LC, as landlord, and Caffrey, Inc., d /b /a DC's, as tenant,
applied for a renewal of a temporary use of the public right -of -way agreement at 124 S.
Dubuque 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 20th day of March , 2012.
MAYOR Pro fem
ATTEST:
CITY CLERK Approved by:
City Attorney's Office
Resolution No. 12 -112
Page 2
It was moved by Champion and seconded by Dobyns 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
M�
03-20- 12
3d(s)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -113
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 225 HUNTINGTON DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage in
the total amount of $31,842, executed by the owner of the property on November 19,
2009, recorded on November 24, 2009, in Book 4531, Page 595 through Page 600 in
the Johnson County Recorder's Office covering the following described real estate:
Unit 4 -A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof
recorded in Book 3976, page 829, Records of the Johnson County Recorder.
WHEREAS, Hills Bank and Trust is refinancing a Mortgage and is securing the loan with
a Mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Forgivable Mortgage held by the City be
subordinated to the loan of Hills Bank and Trust, secured by a proposed mortgage in
order to induce Hills Bank and Trust to secure first position on such a loan; and
WHEREAS, Hills Bank and Trust has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Hills Bank and Trust; 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 Hills Bank and Trust,
Iowa City, Iowa.
Passed and approved this 20th day of ' March , 2012
AYOR Pro to
ATTEST: a4.ea �
CITY LERK
Approved
City Attorney's Office
Resolution No. 12 -113
Page 2
It was moved by Champion and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_X_ Champion
-- Dickens
x Dobyns
x Hayek
x Mims
x Payne
—_ Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust, 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 $31,842, and was executed by Daniel J. Weaman (herein the Owner), dated
November 19, 2009, recorded November 24, 2009, in Book 4531, Page 595 through Page 600,
Johnson County Recorder's Office, covering the following described real property:
Unit 4 -A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration
thereof recorded in Book 3976, page 829, Records of the Johnson County Recorder.
WHEREAS, the Financial Institution has loaned the sum of $122,000 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 20th day of March —'20 12
CITY OF IOWA CITY FINANCIAL INSTITUTION
By
Mayo Pro tem
Attest:
ww'�. M� I =
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
By a&,aAwaa'a
cs �3 , Vzt P�1 V-
Tyu <4 Co'
On this - ac 4-A day of MAauf- , 20 i8-- , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Susc►, M;,,., s and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
MayoNr d"Uty 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 -(tee)
(Resolution) No. /A-- /13 passed (the Resolution adopted) by the City Council, under Roll Call
No. -- of the City Council on the as **A day of AUjze -t.- , 20_!�.g_, and
that Susan M; M s 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.
4—VAI SONDRAE FORT
0&t commisslon Number 159791 Sei i�
• oW M, omm sslo n Explres Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this G� day of
% -lCwo'
Notary Public in and for the State of Iowa,
, 20 ( � , before me, the undersigned, a
personally appeared Lf- w,cyZ►J� W(4vt to me
personally known, who being by me duly sworn, did say that he /she is the � ict VKS�c"J-
of N «S 1 G - ` l �'u SA co , that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said V1 "z v Sir,Le; i acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed. t
STACEYBRADLEY Notary Public in nd for the State of Iowa
_ Commission Number 727676
:<s My CO ssio Expires
- - - - -- % - - �j
s: 0 3 30-1)013
My Commission expire
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -114
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 35 THISTLE COURT, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage in
the total amount of $43,200, executed by the owners of the property on April 2, 2010,
recorded on April 12, 2010, in Book 4575, Page 251 through Page 256 in the Johnson
County Recorder's Office covering the following described real estate:
Lot 150, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the
plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa.
WHEREAS, Hills Bank and Trust is refinancing a Mortgage and is securing the loan with
a Mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Forgivable Mortgage held by the City be
subordinated to the loan of Hills Bank and Trust, secured by a proposed mortgage in
order to induce Hills Bank and Trust to secure first position on such a loan; and
WHEREAS, Hills Bank and Trust has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Hills Bank and Trust; 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 Hills Bank and Trust,
Iowa City, Iowa.
Passed and approved this 20th day of March , 20j_?_
MAYOR Prot m
ATTEST:
CITY CLERK
3d(7)
Ad
3-c3, 13
City Attorney's Office
Resolution No. 12 -114
Page 2
It was moved by Champion 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
x Payne
—_ Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust, 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 $43,200, and was executed by Megan A. Recker (herein the Owner), dated April
2, 2010, recorded April 12, 2010, n Book 4575, Page 251 through Page 256, Johnson County
Recorder's Office, covering the following described real property:
Lot 150, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to
the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa
WHEREAS, the Financial Institution has loaned the sum of $ 107,500.00 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 20th day of March , 20_y_.
CITY OF IOWA CITY FINANCIAL INSTITUTION
By
Mayot Pro tem
Attest:
CITY'S ACKNOWLEDGEMENT .
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
By
P\aWecca,T>e Card? I/r'zz Pr�sld�n� -'
t+ (s Pah k Zrusd w
On this jo-fh day of MaRCfr , 20 ice- , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Susar% /V); ,s and
Mariam K. Karr, tome personally known, and, who, being by me duly sworn, did say that they are the
Mayor ang"'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 (0mlinance)
(Resolution) No. /a- iii passed (the Resolution adopted) by the City Council, under Roll Call
No. — of the City Council on the ao -�*4 day of &\ARew , 20 i -L , and
that &ASg rk M ; ►..s 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 AISONDRAE FORT
Commission Number 159791
My Commission Expires -S I-ZOIS Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of 20 before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared k.h_cc--0cL- )C(1,cU , to me
personally known, who being by me duly sworn, did say that he /she is the Vi C_L�rr -Iic .z,,A-
of N S I.M(- t� - (-.- , that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed. f v�
STAMYSPADLEY Notary Public 0a: for the State of Iowa
oanmMMoo Nurtibw 727676
My Commission expires:
r
CITY OF IOWA CITY 03 -20 -12
.� 3eI2I
MEMORANDU
DATE: March 9, 2012
TO: Tom Markus, City Manager
FROM: Ron Knoche, Acting Public Works Director
RE: Iowa City Industrial Campus Railroad Improvements Project
March 20, April 3, and May 1
Introduction:
This project will install the railroad infrastructure for the Iowa City Industrial Campus
along 420th Street. Previous projects have upgraded the roadway infrastructure and
utilities such as water and sanitary sewer to this area. This is the final phase of work.
History /Background:
The comprehensive plan calls for industrial development in this area. It will create
almost 50 acres of shovel ready lots for a targeted wind energy market. Shovel ready is
a desired market classification meaning the lots have good access and are properly
served by all necessary utilities for the targeted end user. This area of Iowa City is
shown to have industrial usage in the comprehensive plan since it has good highway
and railroad access. The City has targeted wind energy suppliers as possible end users
of these lots. The City purchased the farm in 2008 with the idea of creating an industrial
development that would be able to have the large lot sizes requested by these end
users. In 2009 the City hired Foth Companies to acquire the necessary environmental
permits, design the project and create the plans, legal plats and specifications for
construction.
Discussion of Solution:
Railroad improvements are a necessary part of a viable industrial development. The
design and construction of all the improvements to this area have been ongoing for
several years. This is the final part of the industrial campus development. After this
final phase is complete, the lots will be shovel ready for the targeted end users.
Financial Impact:
The estimated construction cost for this project is $1,665,000 and will be funded by a
$1,056,000 State Railroad Grant and General Fund CIP Funding.
Recommendation:
Staff recommends proceeding with the following schedule for this project:
March 20 Set Public Hearing
April 3 Hold Public Hearing and Approve Plans and Specs
May 1 Award Project to contractor
May 7, 2012 through Construction
November 30, 2012
cc: Rick Fosse, Public Works Director
Daniel Scott, Project Engineer
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5144
RESOLUTION NO. 12-115
RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2012 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD
IMPROVEMENTS 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 Iowa City Industrial Campus Project account
# 4512 - 434710.
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 3`d day of April,
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 20th day of March , 2012
MAYOR Pro tem
Q Approved by
ATTEST:
CIT ERK City Attorney's Office 3`�llz
pweng/res1setph- 420thSt1 CP. doc
Resolution No. 12 -11
Page 2
It was moved by Champion and seconded by Dobyns 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 3e(3)
MEMORANDUM
Date: March 8, 2012
To: Tom Markus, City Manager
From: Rick Fosse, Public Works Director
Re: Lower Muscatine Road Reconstruction Project (Kirkwood Ave. to 1St Ave.) — March 20,
April 3, May 1
Introduction:
The proposed project involves the reconstruction of Lower Muscatine Road from Kirkwood
Avenue to 1st Avenue, incorporating complete streets design. The existing four -lane section
from DeForest Avenue to 1st Avenue will be converted to a three -lane section that includes a
continuous center left turn lane. The existing two -lane section from Kirkwood Avenue to
DeForest Avenue will remain a two -lane section from Kirkwood Avenue to Sycamore Street, and
expand to a three -lane section beyond Sycamore Street. An eight -foot sidewalk will also be
installed on the northeast side of Lower Muscatine Road. Sycamore Street will be realigned to
create a more perpendicular intersection with Lower Muscatine Road, and provide access to
Kirkwood Community College and MidAmerican Energy. The intersections along Lower
Muscatine Road at Mall Drive and 1st Avenue will continue to be signalized, while an additional
traffic signal will be added at the Sycamore Street intersection. City utility improvements to be
included as part of this project are a new storm sewer system, a new roadway lighting system, a
section of new sanitary sewer, and upgrades to the water main.
History /Background:
As Kirkwood Community College has continued to expand their Iowa City campus, it has
created additional demands to the surrounding transportation network, and Lower Muscatine
Road in particular. In addition, Lower Muscatine Road includes minimal storm sewer facilities,
deteriorating pavement, and does not meet current design standards. Based on these issues,
traffic congestion and the safety of drivers, bicyclists and pedestrians have become increasing
concerns throughout the corridor.
Discussion of Solutions:
Design for this project has progressed for several years, including several public meetings and
ongoing public input. Throughout the design process, the basic design criteria have remained,
such as two -lane and three -lane cross - sections throughout the residential and commercial
sections of the project, respectively. However, design considerations were made for individual
properties, and the project as a whole, based on feedback from the public. Based on this
feedback, the project evolved to include additional details, such as bus turnouts, to help improve
the project and surrounding areas.
Financial Impact:
The estimated construction cost for this project is $5,649,000 and will be funded with Federal
Surface Transportation Program (STP) proceeds, Water revenues, Wastewater revenues,
General Obligation bond proceeds and a contribution from Kirkwood Community College.
Recommendation:
Staff recommends proceeding with the following schedule for this project:
March 20 — Set public hearing
April 3 — Hold public hearing
May 1 — Award project to contractor
May 2012 thru September 2013 — Construction
Cc: Ron Knoche, City Engineer
Jason Havel, Civil Engineer
M�
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410
RESOLUTION NO. 12 -116
RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2012 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD
RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.), 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 Lower Muscatine - Kirkwood to First Avenue
account # 3803.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 3`d day of April,
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 20th day of March , 20__.
ATTEST:
CITY CLERK
pweng /res/setph- Iwrmusc reconstruct.doc
MAYOR Pro t6
Approved by
City Attorney's Office MI (2-
Resolution No. 12 -116
Page 2
It was moved by Champion and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
F41130 Die I IF
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M�q -Z q--(4)
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 -887-
6065
RESOLUTION NO. 12 -117
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MAY 15,
2012, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR
FISCAL YEAR 2012 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the
Department of Housing and Urban Development requires adoption of an updated Annual Plan; and,
WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality
Housing and Work Responsibility Act of 1998 ( "QHWRA "); and,
WHEREAS, the Annual Plan is submitted yearly; and,
WHEREAS, the Annual Plan is a comprehensive guide. to the Iowa City Housing Authority's policies,
programs, operations and strategies for meeting local housing needs and goals;
WHEREAS, The Annual Plan also serves as the annual application for grants to support improvements to
public housing buildings (Capital Fund Program);
WHEREAS, the QHWRA requires that the plans be made available to the public for review not later than
45 days before the public hearing is to take place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
A public hearing for the Iowa City Housing Authority's Annual Plan for Fiscal Year 2012 should
be and is hereby set for 7:00 PM, May 15, 2012, in Emma Harvat Hall of City Hall, 410 E
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.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above named proposal in a newspaper published at least once weekly and having a general
circulation in the City, in accordance with applicable laws.
Copies of the Annual Plan for Fiscal Year 2012 are available in the Iowa City Housing Authority
offices for review.
Passed and approved this 20th day of March
ATTEST:
(�Ht-CLERK
2012
MAYOR Pro to
Approved by
3 'd C) . t'N.
City Attorney's Office
Resolution No.
Page 2
12 -117
It was moved by Champion and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M_�y -
-
9
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB11- 00016)
RESOLUTION NO. 12 -118
RESOLUTION APPROVING FINAL PLAT OF
THE PATEL ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Ravi Lodging, Inc., filed with the City Clerk the final plat of the Patel Addition,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, the applicant has requested a waiver of the preliminary plat, and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa City, Iowa, in
accordance with the Plat thereof recorded in Plat Book 16, at Page 12, in the Records of the Johnson
County Recorder's Office; Thence N06 °04'09 "W, along the West line of said Lot 1, a distance of 69.54
feet; Thence Northwesterly, 78.35 feet, along said West line, and an arc of a 76.00 foot radius curve,
concave Southwesterly, whose 74.92 foot chord bears N35 °40'41 "W, to the Northwest corner thereof,
Thence S90 °00'00 "E, along the North line of said Lot 1, and the North line of the parcel of land as
described in a Quit Claim Deed, as recorded in Book 3224, at Page 258, in the Records of the Johnson
County Recorder's Office, and the North line of the Right -of -Way Acquisition Plat, as recorded in Book
3081, at Page 119, in the Records of the Johnson County Recorder's Office, a distance of 507.73 feet,
to a point on the Westerly top of bank of the Iowa River; Thence S10 °38'00 "E, along said Westerly top
of bank, 177.10 feet, to a point on the South line of said Right -of -Way Acquisition Plat; Thence
S90 °00 "00 "W, along said South line, 298.31 feet, to the Southwest corner thereof, and a point on the
East line of the parcel of land as described in a Warranty Deed, as recorded in Book 3081, at Page
119, in the Records of the Johnson County Recorder's Office; Thence S32 °19'23 "E, along said East
line, 31.64 feet, to the Southeast corner thereof, and a point on the North line of the parcel of land as
described in a Warranty Deed, as recorded in Book 3805, at Page 87, in the Records of the Johnson
County Recorder's Office; Thence S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast
corner thereof; Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to the
Southeast corner thereof; Thence S61 °14'11 "W, along the South line of said Warranty Deed, 127.85
feet, to the Southwest corner thereof; Thence N34 °58'03 "W, along the West line of said Warranty
Deed, and the West line of said Warranty Deed recorded in Book 3081, at Page 119, a distance of
218.86 feet; Thence Northwesterly, 44.97 feet, along said West line, and an arc of a 92.29 foot radius
curve, concave Northeasterly, whose 44.53 foot chord bears N20 °59'33 "W, to said POINT O F
BEGINNING. Said Tract. of land contains 2.52 acres and is subject to easements and restrictions of
record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended that the
preliminary plat be waived and the approval of the final plat; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to :conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No. 12 -118
Page 2
1. The requirement for a preliminary plat is hereby waived.
2. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
3. The City accepts the dedication of the easements as provided by law.
4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this 20th day of March 12012
ATTEST: P�
CITY LERK
MAYOR Prot m
Approved by
City Attorneys Office 3// 3l j
It was moved by Dickens and seconded by Pay_ nP the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X Dobyns
X Champion
X_ Dickens
X Hayek
X Mims
X Payne
X Throgmorton
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RESOLUTION NO. 12 -119
PUBLIC HEARING AND RESOLUTION APPROVING
PROCEEDING WITH THE ISSUANCE AND SALE 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, AND RELATED MATTERS.
WHEREAS, the City of Iowa City, Iowa, (the "City "), is authorized and empowered by Chapter
419 of the Code of Iowa, as amended, (hereinafter "Act") to issue Midwestern Disaster Area revenue
bonds for the purpose of defraying 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 (hereinafter "Project ") and to loan the
proceeds from the sale of such bonds, pursuant to a Loan Agreement, to Iowa Cancer Cure, L.L.C., an
Iowa limited liability company (hereinafter referred to as the "Borrower "), to be used for the aforesaid
purposes; and
WHEREAS, a notice of hearing on the proposal to issue not to exceed $5,376,250 aggregate
principal amount of Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) (the "Bonds "),
of the City of Iowa City, Iowa, has been published as required by law; and
WHEREAS, a public hearing has been held at the time and place as specified in said notice of
hearing and any and all objections or other comments relating to such Bonds have been heard and it is
deemed to be in the best interests of the City, that said Bonds be issued as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, as
follows:
Section 1. That it is hereby determined that it is necessary and advisable that the City
proceed with the issuance of its Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) in
an amount not to exceed $5,376,250, all as authorized and permitted by the Act and Sections 103 and
141 -150 of the Internal Revenue Code of 1986, as amended, (the "Code ") and to loan the proceeds of the
sale of the Bonds to the Borrower, all upon terms and conditions mutually satisfactory to the City and the
Borrower.
Section 2. That at the public hearing conducted by this Council as required by the Act and
Section 147(f) of the Code and pursuant to published notice, all persons who appeared were given an
opportunity to express their views for or against the proposal to issue said Bonds and it is hereby
determined that any and all objections to the issuance of the said Bonds, are hereby overruled.
Section 3. That the City Council shall proceed with the necessary proceedings relating to
the issuance of said Bonds upon reasonable advance notice from the Borrower that satisfactory financing
terms have been agreed upon with the proposed purchasers, that it has received an allocation of
Midwestern Disaster Area bonds from the Iowa Finance Authority and the necessary determination by the
governor of the State of Iowa, or his designee, and the required documentation has been prepared by
Bond Counsel, and approved by all other parties, including the City's legal counsel and the City Attorney
of the City of Iowa City, Iowa.
{01177531.DOC}
Resolution No. 12 -119
Page 2
Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of
the revenues derived from the financing of said Project and shall never constitute an indebtedness of the
City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation,
and shall not constitute nor give rise to a pecuniary liability of said the City of Iowa City, Iowa, or a
charge against its general credit or taxing powers.
Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent
of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its
adoption.
Adopted and approved this 20th day of March, 2012.
CITY OF IOWA CITY, IOWA,
(Corporate Seal)�(L
Susan Mims, Mayor: Pro tem
Attest:
MARIAN K. KARR, City Clerk
(01177531.DOC)
Resolution No. 12 -119
Page 3
It was moved by Champ ion and seconded by Dobvns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r 12
*,`,`f. . 4 CITY OF IOWA CITY
M E M 0 RA N D U M
Date: March 8, 2012
To: Tom Markus, City Manager
From: Jeff Davidson, Director, Planning and Community Development
Re: March 20, 2012 City Council Meeting agenda item; Resolution changing the name of
the Riverfront Crossings Urban Renewal Plan and Urban Renewal Area to the
Riverside Drive Urban Renewal Plan and Urban Renewal Area
Introduction
The existing Riverfront Crossings Urban Renewal Plan and Urban Renewal Area was
established by the City Council in 2011 for the purpose of enabling TIF funding of
redevelopment projects in the Riverside "Drive area west of the Iowa River. This was done
because a pending redevelopment project had indicated a possibility that they would apply for
financial assistance from the City.
History /Background
The Urban Renewal Plan and Urban Renewal Area in the vicinity of Riverside Drive was named
"Riverfront Crossings" because it had been planned to add this area to the larger Riverfront
Crossings area east of the Iowa River when an Urban Renewal Plan and Urban Renewal Area
were established for Riverfront Crossings east of the Iowa River. Subsequent decision - making
has led us to now plan to expand the City - University (downtown) Urban Renewal Plan and
Urban Renewal Area to include Riverfront Crossings east of the Iowa River. This has resulted in
confusion when the area west of the Iowa River is referred to as "Riverfront Crossings ".
Discussion of Solution
To eliminate confusion and bring clarity it is suggested that the Riverfront Crossings Urban
Renewal Plan and Urban Renewal Area in the vicinity of Riverside Drive be designated the
Riverside Drive Urban Renewal Plan and Urban Renewal Area.
Recommendation
City staff recommends approval of the resolution.
Funding Source
There are no funding implications with the proposed name change.
cc: Eleanor Dilkes
P pdd i r /memos /riverfrcross. doc
m�)
Prepared by: Jeff Davidson, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232
RESOLUTION NO. 12 -120
RESOLUTION CHANGING THE NAME OF THE RIVERFRONT CROSSINGS
URBAN RENEWAL PLAN AND URBAN RENEWAL AREA TO THE RIVERSIDE
DRIVE URBAN RENEWAL PLAN AND URBAN RENEWAL AREA.
WHEREAS, the City of Iowa City has established the Riverfront Crossings Urban Renewal Plan
and Urban Renewal Area for the purposes of economic development and remediation of slum and
blight in the area west of the Iowa River, south of Burlington Street and north of Highway 6; and
WHEREAS, said name was designated because of the anticipation that this area would be added
to the Urban Renewal Area for the larger Riverfront Crossings area east of the Iowa River; and
WHEREAS, the City now intends to encompass said area within the City - University Urban
Renewal Area; and
WHEREAS, there has been confusion over the Urban Renewal Area in the vicinity of Riverside
Drive being called Riverfront Crossings; and
WHEREAS, changing the name of the Riverfront Crossings Urban Renewal Plan and Urban
Renewal Area to the Riverside Drive Urban Renewal Plan and Urban Renewal Area would provide
needed clarity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The existing Riverfront Crossings Urban Renewal Plan and Urban Renewal Area is hereby
renamed the Riverside Drive Urban Renewal Plan and Urban Renewal Area.
2. Any subsequent TIF ordinance developed in this Urban Renewal Area shall refer to the
Riverside Drive Urban Renewal Area.
Passed and approved this 20th day of March , 2012
/MAYOR pro 4em.
Approved by
ATTEST: WCf vh,-�
CITY'CLERK City Attorney's Office6I9 f 12
M
Resolution No. 12 -120
Page 2
It was moved by Payne and seconded by Dobyns the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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X Payne
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Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
RESOLUTION NO.
RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDING FOR IOWA
CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS
2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO-
LAB INITIATIVE.
WHEREAS, the City of Iowa City has stated Economic Development goals and
strategies; and
WHEREAS, stated economic development policies include supporting organizations
which help to incubate, grow, foster, and create new business operations by providing
non - traditional collaborative environments (the CoLab initiative); and
WHEREAS, the City of Iowa City has provided financial support to the Iowa City Area
Development Group( "ICADG ") to assist in achieving stated Economic Development
goals; and
WHEREAS, the City of Iowa City provides annual funding to ICADG in the amount of
$100,000.; and,
WHEREAS, it is in the best interests of the City of Iowa City to provide $50,000 of funding
for the Co -Lab initiative in fiscal year 2012 in addition to the $100,000 annual funding to
ICADG and such funding is included in the City's budget for fiscal year 2012; and
WHEREAS, the City's approved budget for fiscal year 2013 includes an additional
$25,000 to support ICADG's CoLab initiative and it is the intent of this City Council that an
additional $25,000 be budgeted in fiscal year 2014 to support ICADG's CoLab initiative;
and
WHEREAS, ICADG agrees to report annually on an agreed upon set of performance
measures for its regular activities and for the CoLab initiative; and
WHEREAS, funds for these activities are budgeted in the Other Professional Services
fund account of 1000 - 457100- 432080;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1) It is the intent of this City Council that $100,000 be budgeted for professional
services from the Iowa City Area Development Group in each budget year through
fiscal year 2017.
2) In addition to the $50,000 of funding for the CoLab initiative in fiscal- year 2012 and
the $25,000 of funding for the CoLab initiative in fiscal year 2013, it is the intention
Resolution No.
Page 2
of this Council that $25,000 be budgeted for funding of the CoLab initiative in fiscal
year 2014.
3) Distribution of $50,000 to ICADG for the CoLab initiative in fiscal year 2012 will be
contingent upon the parties entering into a written agreement enumerating the
performance measures for ICADG; and
4) Distribution of funds to ICADG for fiscal years 2013 and 2014 shall be contingent
upon ICADG's satisfactory completion of such performance measures; and
5) The City Manager is hereby granted the authority to execute such written
agreement with ICADG and determine whether ICADG has satisfactorily
completed the enumerated performance measures.
Passed and approved this
ATTEST:
CITY CLERK
day of , 20
MAYOR
M:r�,24q-/2-
City Attorney's Office
�I r CITY OF IOWA CITY 14
.. ft4aN MEMORANDUM
Date: March 9, 2012
To: Tom Markus. City Manager
From: Wendy Ford, Economic Development Coordinator
Re: Funding recommendation for Iowa City Area Development Group
Introduction
The Iowa City Area Development Group (ICAD) has embarked on a five year capital campaign
and seeks a pledge for continued funding from Iowa City for fiscal years 2013 through 2017.
The request for $100,000 per year is equal to the amount the City pledged for the previous 6
fiscal years (2007 — 2012). In this campaign, ICAD seeks a pledge of $100,000 per year plus
additional financial support for the CoLab in the amount of $25,000 in FY 2013 and 2014. The
CoLab funding request follows a $50,000 investment for start-up expenses in the current fiscal
year, provided certain preliminary criteria are met.
History
ICAD strongly supports Iowa City's Economic Development efforts by serving as a full service
marketing office and another point of contact for business development. Potential business
expansion clients often prefer working with the quasi - public entity initially, while they investigate
site locations and require anonymity. ICAD has played a major role in attracting new business
and assisting others with expansion over the years.
Solution
ICAD continues to do good work and consistently meets the value proposition they maintain.
This year, they have done much research on and are poised to add to their program of work by
initiating the CoLab, a new kind of entrepreneurial business generator. The CoLab is a co-
working facility of the sort recommended in a Feasibility Study by the Regional Business Center
at the University of Northern Iowa, commissioned by the City and completed in May 2010.
ICAD's Business Plan for Creating a Knowledge Ecosystem follows.
Recommendation
Because it is inadvisable to bind a future City Council to a pledge by a current City Council, staff
recommends the City Council adopt a resolution of intent to budget the requested ICAD funding
as requested.
Business Plan for Creating a Knowledge Ecosystem:
A physical space in the market to house the ICAD Group
Offices and a Coworking Environment
for Nontraditional Incubation
Executive Summary: The ICAD Group is committed to constantly improving the way in
which it assists the economic vitality of the region by supporting interstate commerce.
Research has indicated that areas of the country which demonstrate a culture of
innovation will be best positioned to thrive in an increasingly competitive global
economy. To cultivate this culture, the ICAD Group will work to actively create the
spaces and opportunities for a new level of cross disciplinary collaborative engagement.
Currently, IQ events are happening throughout the Corridor to begin mixing people and
ideas in this new method. The next step is to create the knowledge ecosystem, the
physical embodiment of this new culture; a place where innovation lives on a daily basis
to benefit companies existing and emerging, while enticing new firms to locate in the
region. This inspiring space will be the home for the ICAD staff and coworking
professionals and will serve as a catalyst for collaboration, and company creation,
attraction and expansion.
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i41
Table of Contents
I. Rationale ................................................................................................... ............................... 3
II. Space Requirements .............................................................................. ............................... 8
III. Member Services & Programming ..................................................... ............................... 13
IV. Operations ........................................................................................... ............................... 14
V. Cost Projections .................................................................................. ............................... 15
VI. Goals & Measures of Success ............................................................. ............................... 17
VII. Conclusions ........................................................................................... .............................18
VIII. Appendix A: Draft CoLab License Agreement .............................. ............................... 19
Iowa City Area
DMIOPM m t
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I. Rationale
Background: Research by the Institute for the Future and The Research Triangle Park (Report
SR -1236) "Future Knowledge Ecosystems: The Next Twenty Years of Technology -Led Economic
Development" discusses how "regional knowledge ecosystems will emerge as a new strategic
frame, providing scale, efficiency and global platforms for economic development" (p.22). This
paper, a collaboration between academia and economic developers, provides a framework for
how successful regions will embrace the need for connections of people and knowledge to
create stability, growth and wealth in the new age of global economics. Successful areas will
go beyond traditional approaches to economic development and academic research parks to
purposefully develop and offer:
"...new kinds of spaces for entrepreneurship and collaborative research.... Rather than
warehousing workers, they will meet a need for communal, collaborative meeting space in a
world of increased mobility within and between workplaces. They will be neutral places where
networks of investors, entrepreneurs, hackers and customers converge for collaborative
knowledge creation and trust - building, cementing relationships initiated and cultivated online.
Overlaid grids of social software will enhance serendipitous discovery inside these spaces and
knit them together in local, regional and global networks of collaborations" (p.28).
"The collaborative magic of [these spaces] depends heavily upon the ability of managers to
'produce' and 'direct' the space like a 'show' on a daily basis. This involves coordinating events,
both formal and informal, ensuring a steady flow of new people and ideas through the space,
and making connections between participants. This is a very different set of skills than the
typical research park manager or economic developer today. The shift from managing land use
and real estate to managing activity (or both) will require a fundamental shift in perspective"
(p.29).
In his new book Where Good Ideas Come From: The Natural History of Innovation, Steven
Johnson discusses how each great advancement of thought was less a product of unitary
inspiration than it was the process of putting "slow hunches" housed in a variety of minds over
a period of time together to forma meaningful, whole thought. "For that hunch to blossom
into something more substantial, it has to connect with other ideas. The hunch requires an
environment where surprising new connections can be forged: the neurons and synapses of the
brain itself, and the larger cultural environment that the brain occupies" (p.99).
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Regions operate on different horizons as they transition
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Despite the high number of innovative ideas created in our area, we have not realized the full
potential of the talents and opportunities they might create in a more open environment. If
our area is to advance to higher horizons there is a definitive need to catalyze connections
between ideas, people and companies. This creates the scenario in which individual purpose
(profit) is enhanced through a common systems approach to information sharing and problem
solving. ICAD can create and foster open innovation and drive these connections by creating
the civic space and network platforms of value to emerging and existing local companies. The
increased effectiveness of these networks will also provide further incentive for outside
companies to relocate to this market. At its full potential, this space becomes the epicenter of
innovation where people, creative ideas and capital converge to create long term investment,
employment and related benefits to the region. These benefits would be measured by a
combination of traditional (capital investment /jobs) metrics and novel benchmarks to
understand the impact of the organization and the space. Our initial challenge will be to drive
the narrative shifting necessary for the area to embrace the need to move to the next horizon
where networks can begin to form via this civic space.
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Accepting this premise, it would logically follow: the better an area is at facilitating connections
of minds, the more potential there is for transformative ideas. If we narrow this focus slightly
to the specifics of interstate commerce, we can infer: our area will recognize a stronger
economy if we can find better ways for those hunches in our region to bump into each other.
By promoting new types of events and creating a physical space for this to transpire, we can
build this larger cultural environment Johnson writes of, akin to the coffeehouses of the
renaissance which are responsible for much of the writing and art we treasure today.
Economic development groups typically assist companies after the complete thought has been
formed and market need established. Yet if we are to be proactive in making this area one in
which innovation flourishes, we must create the framework environment to encourage and
accelerate the serendipity of these connections. Not only will this help us generate new
companies, but it will also demonstrate ways to strengthen existing industry and identify and
develop cross boundary exploration and partnerships between interstate commerce, the
University of Iowa, Kirkwood Community College, K -12 education, out of state and foreign
companies and more. While we can create such an environment, we acknowledge that we
cannot control or limit the possibilities which will certainly arise. Yet by being positioned as an
economic development group in the center of this micro universe, we can help forge
"topophilia ", defined as the effective bond between people and place. In this case, we can
work to keep talented people, their ideas and their companies linked to the area via their
affinity for the support and guidance the region has provided. Furthermore, our hope is that
other markets around the state with this same sense of place will want to connect into this
mindset.
Coworking as a concept is happening globally, with over 300 identified coworking facilities in
the U.S. alone. Open spaces where the creative minds of entrepreneurs, freelancers, designers
and the like work together in a shared environment designed specifically with their need to
produce, interact, share, network and collaborate in mind. In many cases these are stand-
alone entities created on purpose by entrepreneurs specifically for coworking. Other times it is
a company with extra space looking for a way to engage other creative minds and cover
overhead costs. While a few of these spaces are being discovered and embraced by the
traditional economic development organizations in their communities, we have yet to identify
one space that was created by a local economic development group with the specific purpose
of strengthening the interstate commerce of the area. By creating this space and utilizing the
power of the existing institution and reputation of the ICAD Group to foster this type of
economic development method, we can be the pilot study for ED entities across the state and
nation. If this model proves successful in improving our ability to create and retain jobs in the
region, other areas can surely replicate its processes to improve the overall economic vitality of
Iowa.
l
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Value proposition (by user group):
ICAD Group: Creating this space and immersing the daily efforts of the ICAD staff in this
collaborative environment is the best way for us to live the culture we are trying to create. As
this space becomes the epicenter for knowledge sharing across a broad spectrum of minds
engaged in attracting revenue to the area through interstate commerce, ICAD will be ideally
positioned to connect people and ideas to accelerate serendipity to further advance interstate
commerce. Locating in the CoLab allows ICAD to actively mix different and traditionally
disparate entities in novel ways such that each can derive sustainable mutual benefit.
Operating this space as a showpiece in the region will further define the organization and
leading edge amongst its peers, as well as providing broader public recognition of its work to
the community at large as to the value ICAD creates in the market. Thus, ICAD will be able to
assist more companies and realize increased investment from this heightened exposure.
ICAD Investors: Those entities which support the work of ICAD will see an increased return on
investment in a variety of ways. Local governments will realize increased revenues as more
companies emerge from this space and grow into new and existing commercial properties.
Thusly, property owners, developers, construction firms and financial institutions will see direct
results as this space, and the greater culture it fosters, leads to more companies needing
additional space in the area to support their growth. The indirect benefits from this enhanced
economic development will spur increased revenues for a wide variety of area merchants as
more minds are retained and attracted to the area to take part in this culture of innovation.
Coworkers: This subset of CoLab users runs the gamut: entrepreneurs who need a professional
environment to plan and grow; teleworkers from companies around the globe who choose to
live in our area yet who have no daily locale from which to operate except their home office or
coffee shops; freelancers who also desire a dedicated, affordable space in the market in which
they can interact and compete for work; and professionals from a variety of local firms who
may seek a more collaborative culture than may be the norm at their place of work. As well,
from our research, often times, coworking locations can be the meeting place of ad hoc groups
working on side projects and plans that will become the next innovation or company. These
professionals may have traditional "day jobs" but the space becomes a place for them to
collaborate on an idea in line with their passions. Each of these will benefit from having a place
they can be a part of which caters to their needs as professionals and offers the right amenities,
climate and exposure to advance their companies and careers. The CoLab can also be the
home to traveling professionals who can carry the message back into the world about how
connected and vibrant or market is.
Existing Local Industry: In addition to benefitting from the programming and events and the
knowledge sharing they entail, local companies can become stronger through the existence of
this space in several tangible ways: First, having a centralized locale in the region for
innovation, companies will find it dramatically easier to create novel partnerships, identify new
clients, employees and service providers while also having an ongoing forum for ad hoc
problem solving. Secondly, the CoLab becomes the model for how the workplace is changing
and the growing way in which company culture contributes to its ability to continue innovating,
CV Iowa City Area
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finding and keeping the best talent and staying in front of market changes. Companies can
'borrow' this culture by allowing employees to cowork at the facility, holding offsite planning
meetings and retreats, utilizing the production studio, video conferencing capabilities and
holding events in the space.
Attractiveness for expansion opportunities: While traditional costs (land, buildings, taxes,
labor and incentive offsets) will remain the predominant driving factor for most companies
conducting site location searches, there is increasing evidence to suggest more firms are also
vying for regions which offer connections to University research, transferrable skill sets in the
labor force and unique quality of life attributes which enhance their ability to retain and recruit
employees. Creating this knowledge ecosystem in the region is a way to convey the value
proposition and uniqueness of our market to visiting prospects; a way to differentiate ourselves
from the other cities in consideration. Further, this space creates a low risk point of entry in to
the U.S. market for many foreign firms. Entities such as the Renewable Energy Network of
England have already expressed their desire to help EU companies establish small sales and
engineering presences in a space like this in our market as a first step towards the ultimate goal
of full manufacturing operations. If we can host and support these firms in the CoLab, we stand
a greater chance for attracting capital investment and job creation.
Education: One of our regional challenges continues to be alignment between commerce and
education. Having one functional hub of this magnitude in our market offers a central entry
point for interstate commerce to engage with our educational institutions and vice versa. This
will help align education and skills with tomorrow's jobs and work to slow the "Brain Drain"
which has plagued the Midwest for nearly a generation.
Region as a whole: Overall, having this space in the area, and hopefully similar sites across the
region will help connect people into deeper relationships and advance serendipity, the flow of
capitilizable ideas which will strengthen our economy over time. This entity can demonstrate
collaboration and become a source of community pride to attract the minds, capital and
companies we seek for years to come. The way in which people work in our country is
changing; this is our way to be proactive to this change, such that we can be competitive in the
global economy.
State of Iowa: Building a successful model at the local and regional level will provide great
insight into replicating this model in other areas of our state. If successful, this strategy will also
go to show the importance of blending the various facets of development (existing industry,
recruitment, entrepreneurial, workforce, etc.) into an economic system where one segment is
tied to the success of the others.
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II. Space Requirements
In October 2010, ICAD conducted an international survey with coworking entities via an active
Google Group. This research helped the ICAD Group determine the ways in which other spaces
were using space to develop successful coworking entities. Further, ICAD Staff travelled to New
York, Chicago, Austin, Omaha, Des Moines and Ames to see coworking in action and talk with
the individuals responsible for creating and managing these spaces on a daily basis.
Additionally, ICAD met with executives with AIISteel, a division of HON, which has been actively
studying the new ways in which people work and offices will function in the coming years. ICAD
staff has also been comparing research with the Cedar Rapids Chamber as they have been
planning the development of a similar facility. As a result, ICAD staff identified the following as
requirements for the future ICAD /CoLab space:
The space will need to house the ICAD staff offices (for 6 -7 staff) as a 'space within a
space' that offers security and privacy for the confidential work of the organization
while also allowing the flexibility and ability for ICAD to live this new open concept
and work style as well. No costs associated with this request will be used to cover
the costs of the ICAD staff offices, but we believe greater business collaboration will
take place if ICAD staff is housed in the coworking facility.
• Unlike many coworking sites, the explicit purpose of this space is to foster the
growth, development and attraction of interstate commerce for our region's future.
Therefore it must appeal to the types of entities we wish to assist through this new
approach to economic development and be a centerpiece of productive activity and
energy.
• Based on research, our area could support in the area of 4,000 sq. /ft. of open
coworking space, individual offices and conference rooms. This space will require a
variety of work style accommodations (e.g., long tables for individual workspace,
soft seating for conversations, areas with tables and chairs for teams). The goal is to
accommodate 20 -30 coworkers on a daily basis.
• Small, rentable private or semi - private offices would have appeal to a variety of
users who wish to parlay the synergy and collaborative properties of the space, yet
wish to have some dedicated space they can close off for privacy. ICAD has talked
with a number of local and international companies interested in locating operations
in an entity such as we are defining.
• Conference and meeting rooms of various sizes, some with video conferencing
capabilities, are a key part of building this community internally as well as for
creating a hub locally for external firms to locate off -site events which can benefit
from this vibrant environment.
The ICAD Group worked with developers in Iowa City and Coralville to assess potential locations
to house this concept, keeping the requirements listed above in mind. Much consideration was
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given to where in the region such an entity should be placed. Ultimately the determination was
made to focus on downtown to build off the robust traffic and proximity to the University.
Finding a suitable space with enough open space has proven to be a challenge which has
delayed this project for several months. At present ICAD has arrived at agreeable lease terms
to rent the former Henneman Engineering space on the 2nd floor at 111 E. College St. This open
floor plan provides nearly a turnkey atmosphere for this venture. The only construction
necessary would be to create 5 private offices and subdivide one larger space into 3 smaller
huddle rooms.
ICAD staff has been working with Neumann Monson Architecture to determine the most
effective layout for the space being considered, and jointly with Allsteel to determine the ideal
furniture for the space. The intention is to have an open, energized and inspiring space that
utilizes Allsteel's most current office furniture products — products that enhance innovation and
collaboration.
From a zoning standpoint the usage of this space will remain consistent (office to office). The
only challenge to the space currently is a lack of ADA compliance grandfathered in by usage.
Conversations with the City of Iowa City staff have focused on testing this concept for a
minimum of one year to determine viability. If the concept proves successful the building
owner would work with the tenants to address the installation of an elevator.
On the following page is the draft layout for the space being considered and the features of the
space. Additionally, photos of some of the innovative furniture AIISteel will be providing to the
space at a significant discount.
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FRONTENTRANCE
( ground level)
BACK EXIT
4 -5 PRIVATE OFFICES
PARTIAL HEIGHT
DEMOUNTABLE WALLS
STORAGE
® PoTENTIAL STORAGE
FOR COLAS'!
NORTH
ICAD /CO -LAB SPACE
111 E. COLLEGE ST.
Iowa My Area
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III. Member Services & Programming
The new CoLab space will offer a variety of tangible and intangible services to its users:
• Professional atmosphere with high -end, innovative, collaborative furniture
• Commercial grade IT bandwidth
• Easily accessible electrical power
• Printing /copying /faxing
• Private office spaces
• Meeting spaces
• Teleconferencing
• Videoconferencing
• Presentation A/V equipment
• Free coffee
• 240 access using a secured key fob system
• Organized activities (e.g., TED videos, mixers, how -to sessions, coaching)
• Connections and relationships
There are a number of event platforms which already have national recognition that would fit
within the mission of this space and of which ICAD plans to encourage or host. Examples would
be:
• Jelly's — Coworking events for non - members to experience the culture and space for a
day or evening. ICAD has already hosted 9 of these events in the market.
• Ignite — These events use a vibrant format to allow individuals the opportunity to
present 20 slides for 20 seconds each on a topic of their passion.
• BarCamp — Defined in their rules as: No Spectators, Only Participants, Attendees must
give a demo, a session, or help with one, or otherwise volunteer/ contribute in some
way to support the event. All presentations are scheduled the day they happen. ICAD
Group helped to sponsor one of these events August 13, 2011
• Fishbowls — Another type of "Unconference" where the lines between audience and
speaker change determined by the seating arrangement.
• Startup Weekend — Defined on their webpage as: 54 -hour events where developers,
coders, designers, marketers, product managers and startup enthusiasts come together
to share ideas, form teams, build products, and create startups. ICAD Group hosted one
of these events, in sponsorship with Iowa Economic Development Authority, on
September 30 — October 2, 2011 and has plans to host its second Oct 5 -7, 2012.
This is but a short list of potential activities which would be produced and encouraged in our
market, some of which could take place in the CoLab. It is in the production of such events
where the unique possibilities for creating such a purposeful location are realized, not to
mention more traditional events such as: Roundtables (manufacturing, simulation / animation,
green tech, bio tech, etc.), presentations (variety of business topic based, angel / venture
CU Iowa City Area
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IV.
capital), ICAD Board and committee meetings, Networking lunches, cocktail hours, tweet ups,
speed networking and various social events throughout the year.
Operations
Membership: Membership to the CoLab will work like a month -to -month gym membership.
There will be different levels of membership (as listed below) that will determine the type of
workspace a member is able to use (e.g., desk space at a table in an open area versus private
office). All levels will have access to amenities such as internet, meeting space, kitchen,
coffee /tea and collaboration tools (AV equipment, white boards, video and teleconferencing,
etc.). Members will pay separately for printing and copying. Individuals will sign a licensing
agreement that can be renewed on a monthly basis. See Appendix for a draft version of the
licensing agreement. A separate "code of conduct" document will be attached to the licensing
agreement that will outline the rules for behavior in and usage of the space.
Membership Type:
Price
Drop Ins (Bench Seating)
$15
10 -Day Punch Card (Bench Seating)
$100
Monthly (Bench Seating)
$200
Reserved Cubicle Style Space
$300
Monthly Private Office with Locked Door (max 3 staff)
$400
Potential Initial Members of IQ Co Lab Space Based on Recent Interest
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X
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X
X
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XX
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Troy Miller
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Nick Westergaard
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Staffing: Many coworking facilities have a full -time "coworking manager" or "community
manager" who is responsible for checking people in, scheduling conference rooms, giving tours,
connecting people, setting the tone for the facility, resolving issues, basic housekeeping, event
coordination, etc. This person resides in the space. The ICAD Group is currently discussing the
staffing of the facility with coworkers interested in serving in this capacity. ICAD Group staff
expects to provide some coverage in the initial few months of start -up.
Marketing: The IQ CoLab marketing will be part of a larger IQ marketing initiative and will
utilize its sub brand for signage and logo purposes. Ideally there will be more than one CoLab
under unified brand name within the broader region all linked to one main web presence along
with the IQ events calendar and membership portal.
Technology Needs: ICAD has begun discussions with Circle Computing and Keystone IT to learn
how best to manage the various data and telecom needs of the space and its users, as well as
obtained an objective assessment from the Director of Information Services at the Iowa City
Community School District. Significant wireless internet bandwidth, networked printing, video
conferencing, and VOIP options will be required. The ICAD Group's IT needs should be
addressed in conjunction with the CoLab to minimize interference. Also, for the CoLab spaces
in the region to integrate as part of this larger IQ initiative of next level economic development,
it will be vital to construct a social networking linkage platform such that individuals in the area
can identify and connect based on interest categories and collaboration possibilities.
V. Cost Projections
On the following page are the cost projections for the space being considered. The projections
utilize a fairly conservative revenue assumption model (the only source of revenue being the
coworking memberships).
Because of the high start -up costs and market lease rates in downtown Iowa City, it does not
seem likely that the CoLab will break even on operating revenue alone. Therefore, ICAD Group
staff is currently meeting with public and private organizations to solicit sponsorship to cover
the start -up costs and projected net losses in the first two years of operation. ICAD Group
recognizes that in its role as the organization charged to grow, expand and attract interstate
commerce companies that it must continue to support this endeavor long -term if it shows to be
an economic development model that grows interstate commerce businesses.
As of the submittal of this business plan, our market has received a commitment of financial
support from the City of Iowa City, University of Iowa, AIISteel, Neumann Monson Architects,
ACT, Pearson, Iowa City Area Development Group and University of Iowa Hospitals and Clinics.
These organizations have committed products, services and cash for a total of $419,590.
Iowa City Area
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Sources of Funds
Startup
1
Fiscal 2013
Avg /Mo
Fiscal 2014
Iowa City Area Partners:
Drop Ins (desk) @ $15 /day
$1,710
9
City of Iowa City*
$50,000
$25,000
$25,000
University of Iowa & UIHC
$60,000
6
$12,000
All Steel Corporation
In Kind
10
Monthly (desk) @$200 /month
Neumann Monson Architects
In Kind
$43,200
18
ACT
$25,000
Mo. (priv off no wndw) @$400 /mth LSP 5 Total
$16,000
ICAD Group Cash **
$15,000
$25,000
$20,000
Pearson
$25,000
$7,200
1 4
$18,000
1 5
$21,600
6
TOTAL START -UP FUNDING & NON - OPERATING SUPPORT
1 $175,000
1 $50,000
1 $50,000
1 10
$3,000
]0
$175,000
Operating Revenue - Years 1 -3
Year 1
Avg /Mo
Year 2
Avg /Mo
Year 3
Avg /Mo
Drop Ins (desk) @ $15 /day
$1,710
9
$3,450
19
$4,000
22
10 -Day Punch Card (desk) @ $100 /mth
$7,200
6
$12,000
10
$12,000
10
Monthly (desk) @$200 /month
$26,400
11
$43,200
18
$48,000
20
Mo. (priv off no wndw) @$400 /mth LSP 5 Total
$16,000
3
$20,000
4
$20,000
4
Semi private cubicles @ 300 / mnth 6 Total
$7,200
1 4
$18,000
1 5
$21,600
6
Mobile Locked File Drawers @$25 /unit
1 $2,475
8
$3,000
1 10
$3,000
]0
Total annual operating revenue
$60,985 $99,650 $108,600
* Requires City Council Approval
* *This does not include significant staff in -kind time and expenses for the development of this project
Uses of Funds
Start -Up Costs
TOTAL VALUE
Furnishings - 6 offices /conf rm /co -work
$285,000
Equipment (TV, printer /fax /copy, video)
$13,000
Signage
$5,000
Marketing (printed, advertising, website)
$15,000
Services (IT, legal, design)
$19,000
Construction
$15,000
Project Manager
$7,000
Misc/ Unplanned
$5,000
Total
$364,000
Gross
CASH
$80,000 Estimated
$13,000
$5,000
$15,000
$10,000
$15,000 Estimated
$7,000
$5,000
$150,000
3000 +NNN 3000 +NNN
Expenses - Years 1 -3
Year 1
Rent
$57,698
Operating Fees / utilities
$6,000
IT Service (wifi & support)
$7,200
Website Hosting /Content Mgmt.
$0
Printer /Copier /Fax Lease
$9,600
Marketing
$3,000
Supplies
$7,200
Personnel
$15,000
Cobot Software
$1,260
Biz Library (subscrptns., bks., etc.)
$1,200
Legal Services
$3,600
Eve nts /M isc
$8,000
TotalAnnual Operating Expenses
$119,758
Start Up
Year 1
Startup Income / Annual Revenue
$175,000
$60,985
Startup Costs / Annual Expenses
$150,000
$119,758
Final Cash Position
$25,000
$16,227
3000 +NNN
VI. Goals & Measures of Success
Recognizing that this is the first such venture into developing a co- working facility by an
economic development organization focused on interstate commerce business, we thought it
important to develop some targeted goals with which to measure our success. Below are the
key indicators of success for the CoLab:
Metric
Year 1
Goal
Year 3 Goal
(Cumulative)
1. Number of entities using the CoLab
66
157
a. ICAD Existing clients
10
25
b. ICAD Investors
10
30
c. ICAD Partners
4
8
d. CoLab Sponsors
5
5
e. Start-ups
6
20
f. Freelancers /Entrepreneurs
10
35
g. Other
20
50
2. Number of ICAD Group targeted industries represented by CoLab users
3
5
3. Number of companies started due to the CoLab
4
15
4. Number of events held either at or because of the CoLab
and culture of innovation concept
6
25
5. Number of companies spun out of CoLab and locating in our region
2
10
6. Square feet of space leased in the area because of company spin outs
5,000
25,000
7. Number of new jobs created due to CoLab
(both in CoLab and in company spin outs)
10
70
8. Capital raised by companies utilizing CoLab and those who have spun out
$250,000
$3.5 million
9. Year end cash position from sources and operations
$13,925
$155
M Iowa City Area
Development Group
Extraordinary opportunities
in unexpected places.
Page 17
VII. Conclusions
Without deviating from its core functions, ICAD Group should move beyond traditional
approaches to economic development and begin to drive the type of culture necessary to
achieve innovation commercialization. By creating a space such as this and building the
physical and virtual networks that will allow the sharing of "sticky" knowledge, the area can
begin to develop clusters of technology which will lead to new capital investment and job
creation. Further, it will aid in the recruitment of new firms eager to join the vibrancy of the
region and state, and can assist our existing companies in remaining relevant and prosperous.
This collaborative spirit, put into practice, will become the brand identity which the authors of
Future Knowledge Ecosystems paper find to be "crucially important in attracting globally
mobile talent and earning reputation in new group economies" (p.40). Or more aptly stated by
Jacob Lerner, the Jacob H. Schiff Professor of Investment Banking at Harvard Business School
states, "entrepreneurial activity does not exist in a vacuum: building an environment where
new ventures can thrive is a critical first step." With this concept proposal, the ICAD Group is
offering a means to taking this first step.
In the past, economic development groups have spoken about the vibrancy of their
communities. This would be a way for us to not only enhance the true collaborative energy of
the Iowa City Area, but also to provide a showpiece for outside individuals and entities as an
attractor to our market. The daily function of the ICAD Group to retain, attract and grow
interstate commerce companies will not change, yet the tools and abilities by which this takes
place will set us apart from all other regions of the state and Midwest to allow us to better
compete on a global scale. If possible to replicate across Iowa, it will give our state a
competitive advantage hard to duplicate with financial incentives alone.
iU Iowa My Area
Development Group
Extraordinary opporluniaies
in Unexpecled places_
Page 18
VIII. Appendix A: Draft CoLab License Agreement
ICAD COLAB PLACE
SHARED SPACE LICENSE AGREEMENT
THIS SHARED SPACE LICENSE AGREEMENT ( "License Agreement ") is by and between Iowa City Area Development Group, Inc., an
Iowa non - profit corporation ('`Licensor "), and the undersigned Licensee ("Licensee "), in connection with certain premises located within the Linn Street
Place in Iowa City, Iowa (the "Premises ").
1. License Agreement. This License Agreement is comprised of this page and the Terms and Conditions attached hereto as Attachment 1, all of
which are incorporated in and made a part of this Agreement.
2. Grant of License. Licensor is the operator of a shared office space located within the Premises. Licensee wishes to make use of Licensor's shared
working space in accordance with Licensor's Terms and Conditions for such use. Licensor hereby grants to Licensee a non - exclusive license to use the
Premises for permitted shared business office uses in accordance with this Agreement (the "License "). This license shall include the right of entry, passage,
and exit to and from the Premises. This Licensee is solely for the personal use of Licensee. Licensee's agreements, warranties, and representations as set
forth in this Agreement are a material inducement to Licensor entering into this License Agreement.
3. Initial Term of License. Subject to the Licensor's rights to terminate this License Agreement in accordance with Section 17 of the Terms and
Conditions, this License Agreement shall commence on . 20 and shall terminate on , 20. (the "Initial Term "), which
Initial Term may be automatically extended on a month to month basis (each a "Renewal Term" and together with the Initial Term, the "Term ") upon timely
receipt of payment of the applicable monthly license fee. This License Agreement shall also be applicable to Day Pass patrons for the applicable day(s) but
without automatic extension.
4. Term and License Fee. From and after the Effective Date specified below, Licensee shall pay to Licensor, for each day /month during the Term,
the "License Fee" selected below. The License Fee shall be due and payable to Licensor in advance and without set off, abatement or demand, on or before
the Effective Date and, for the monthly automatic renewal, on the same day of each subsequent month as the Effective Date. Subject to modification as
specified in the Terms and Conditions, the License Fee for the initial Term and any renewal terms shall be as specified below:
Iowa City Area
Development Group
f. xtraordinary opportunitie,
m unexpected places.
Page 19
Licensed Access Term
License Fee
Access Term
License Fee
❑
Day Pass — provides access for one
business day of use
$_15 /Day
❑
Reserved Private Office Monthly
$_300_/Month
Membership — nrovides access to
a dedicated cubicle space in the
premises during business hours
for an entire calendar month
subiect to availability)
❑
10 Day Pass, nrovides access for ten
$_100_ /10
Day Pass
❑
Private Office Membership
$_400_ /Month
uses of no loner than one business
provides access to a lockable
day
private office space in the
premesis during business hours
for an entire calendar month
subiect to availability)
❑
Full Monthly Membership — provices
$_200 /Month
❑
Event Rental Provides access to
$ /Event
access to the Premises during business
the space at the aereed upon rate
hours for an entire calendar month
for a specified time period for the
purposes of hostine an event.
Iowa City Area
Development Group
f. xtraordinary opportunitie,
m unexpected places.
Page 19
5. Notices. Unless otherwise specified in the Terms and Conditions, all notices pursuant to this License Agreement shall be in writing mailed, faxed
and /or emailed to a party at such party's respective address, fax number or email address set forth below.
Dated this day of , 20_ (the "Effective Date ")
LICENSOR:
Iowa City Area Development Group, Inc.
By:
, Title
Date:
Address for Notices:
LICENSEE:
Signature
Printed Name
Date:
Address for Notices:
Telephone: ete
Fax: Fax:
Email: Ema
ATTACHMENT 1
TERMS AND CONDITIONS
Section 1. Limited Authorization: Licensor is authorized to have
non - exclusive access to and use of the Premises only during the time
specified for the designated Term. The Licensee agrees that the License
creates no tenancy, leasehold estate or any other property interest, only a
limited licensed right of non - exclusive use as set out in this License
Agreement.
Section 2. Shared Work Space. Licensee acknowledges that the
License granted herein is non - exclusive and that the Premises are a shared
work space. Licensee agrees to keep Licensee's work within the Premises
reasonably orderly, and to promptly and properly dispose of waste materials
or trash caused by Licensee's use. Licensee acknowledges that there may
be inconveniences or distractions from time to time created by other
licensees and guests. Licensor shall not be liable for any damages to or theft
of Licensee's personal or intellectual property and/or confidential or
proprietary information. Licensee shall not tamper with, borrow, or remove
property brought by other licensees or guests onto the Premises without the
express permission of the owner.
Section 3. Guests. Licensee may from time to time during the
Term bring guests onto the Premises for purposes connected with
Licensee's work. No guest is authorized to use or visit the Premises in the
absence of a licensee host. Licensee may bring guests onto the Premises to
conduct meetings in the meeting room; provided at no time shall Licensee
simultaneously bring more than five (5) guests onto the Premises. All guest
visits shall be reasonably limited in time to the work purpose or applicable
meeting. Licensee shall be responsible for all of Licensee's guests invited
onto the Premises and for ensuring all such guests comply with all Terms
and Conditions of this Agreement and all Rules adopted by Licensor for
the operation of the Premises. Licensor reserves the right at any time to ask
any guest to leave the Premises.
Section 4. Payment. Initial Payment is due upon execution of the
License Agreement. Renewal Fees are due on or before the automatic
renewal date. Licensees may either pay by cash or check. Checks may be
mailed to ICAD 325 East Washington Street Suite 101 Iowa City, IA
52240 -3959. A $25 fee may be charged for a check returned for insufficient
0
Iowa City Area
Development Group
Extraordinary opportunities
in unexpected places.
funds. Licensee may also execute License Agreement and make payment
via a specified e- commerce web portal designated by Licensor.
Section 5. Invoices. Licensor will endeavor via mail, email or fax
to provide invoices for license fees one week prior to the due date for
automatic renewals. Invoices shall include the applicable recurring License
fee and other charges. Certain one time charges may be invoiced at any
time.
Section 6. Late Fees. At the discretion of Licensor, any balance
outstanding after the due date of an invoice may incur a late fee of 5% of
the outstanding balance.
Section 7. Automatic Renewal. At the end of the stated Initial
Term the License may be automatically renewed on a month to month basis
upon receipt of the applicable License Fee and at the sole discretion of
Licensor. Licensee shall provide Licensor with at least five days written
notice of Licensee's election not to have an automatic renewal.
Section 8. Fee Chances. All License Fees and charges for
optional services are subject to change upon 30 days notice from Licensor.
Section 9. Non - Refundable License Fee. Once paid all license
fees shall be non - refundable unless otherwise expressly provided in these
Terms and Conditions.
Section 10. Janitorial Services. Ordinary janitorial services for
the Premises will be provided by Licensor. In the event Licensee's use
creates a need for extraordinary janitorial services, Licensee shall reimburse
Licensor upon invoice for the reasonable cost of such services. Licensee
shall use the premises in a manner that helps to keep it in a generally clean
and orderly condition.
Section 11. Meetinc rooms. This License includes the right,
shared with all other licensees, to use the meeting room(s) within the
Premises, generally on a first come first served basis, but subject to
Licensor's ultimate discretion for meeting room scheduling.
Page 20
Section 12. Licensor Services. Licensor shall supply a
commercially reasonable level of printing, copying, faxing and internet
access equipment and services, and reserves the right to impose reasonable
fees for excessive consumption of paper, ink, toner and/or other supplies.
Licensee's use of Licensor's internet service is restricted to email, web
browsing and limited uploading/downloading of data that does not overload
Licensor's service. Licensor may allocate available services and restrict
specific uses among licensees as may be appropriate so that all licensees are
provided access to similar levels of services. Licensor may also password
protect any provided service, in which event Licensee shall be responsible
for password setup on Licensee's devices. Licensor provided services may
only be used for lawful purposes. Licensor shall have no liability to
Licensee for any interruption or failure in the provided services, and
Licensee hereby releases Licensor and its representatives from any and
all liability for direct or indirect damages (including, but not limited to
lost data and lost profits) arising from any interruption or failure in
such equipment and services. Licensor shall endeavor to restore any
interrupted service as soon as commercially reasonable.
Section 13. Virus Protection. Licensee warrants that it has current
software virus protection on any computer equipment that Licensee may
use at the Premises. If Licensee's failure to have current software virus
protection directly or indirectly causes a network shutdown or support
problem at the Premises, Licensor may charge Licensee the reasonable
costs of repairing such shutdown or support problem. Licensor shall have
no responsibility for any computer viruses or other malware on Licensor's
computer equipment or network.
Section 14. Incomnatible Equipment. If Licensee, with or
without permission from Licensor, installs equipment on the Licensor's
network that interferes with the proper functioning of Licensor's network,
than upon request of Licensor Licensee shall disconnect such equipment
and Licensor may charge Licensee the reasonable technical support fees
needed to restore the network to its previous working condition. Licensee
agrees not to use any equipment in the premises that overloads any
electrical panel, circuitry or wiring.
Section 15. Default by Licensee. Licensee's failure to pay when
due any amount owing to Licensor under this Agreement, and/or Licensee's
failure to comply with any other of the Terms or Conditions or any of the
Rules shall be deemed a default of this Agreement permitting termination
by Licensor under Section 17 below, in which event Licensor may restrict
the Licensee from further access to the Premises and discontinue all
Licensor Services to Licensee including, but not limited to, all electronic
access.
Section 16. Modification to Terms and Conditions. These Terms
and Conditions are subject to change by Licensor at any time. The then
applicable Terms and Conditions shall be posted at the Premises. Licensor
shall endeavor to give Licensee reasonable advance written notice of
intended changes via posting, email, fax and/or mail, but notwithstanding
whether such notice has been given changes to the Terms and Conditions
shall become effective upon posting at the Premises. If a Licensee does not
accept the revised Terms and Conditions it must give written notice to
Licensor promptly after the revised Terms and Conditions become
effective, in which case the current Terms and Conditions will remain in
effect through Licensee's then current Term. Upon any subsequent renewal
of the License Agreement the new Terms and Conditions will become
effective.
Section 17. Termination by Licensor. Licensor may immediately
terminate this License Agreement and Licensee's right of access to the
Premises in the event Licensor determines that i) Licensee is in default (as
defined in Section 15 above), or ii) Licensee's or a guest's activities in the
Premises are incompatible with the normal shared office use of the
Premises, are disruptive or disrespectful to other licensees or Licensor's
0
C5 Iowa City Area
Development Group
Ext,awdinary opport.,,!
in unexpected places.
representatives, or are illegal or unethical. Licensor may also, without
cause, terminate any License Agreement at the end of its then current Term
by providing at least five days written notice to the Licensee.
Section 18. Conduct of Business Activities. Licensee shall use the
Premises only for business related purposes and shall conform to all present
and future laws and ordinances affecting the Premises. Licensee shall not
cause or permit any hazardous substance to be used, stored, generated,
released or disposed of on the Premises. Licensee shall conduct no
activities that are unreasonably disruptive of other licensees or guests.
Section 19. Access and Security. Any key, access card, or
password issued by Licensor shall remain the property of Licensor.
Licensee shall not make copies without Licensor's consent. Should
Licensee lose or have stolen a key, access card, or password, then upon
discovery of such loss Licensee shall immediately inform Licensor and
Licensee shall be responsible for the reasonable costs of replacing the
security card, key and/or password.
Section 20. No Parking. No parking is provided by Licensor in
connection with the licensed use of the Premises.
Section 21. Risk/Responsibility for Insurance. Licensee's use of
the Premises is at Licensee's sole risk. It is Licensee's responsibility to
provide, if desired, personal property and general liability insurance
covering all risks associated with use of the Premises by Licensee and
Licensee's guests. Other than on account of Licensor's intentional
wrongful acts, Licensee hereby releases Licensor and its
representatives from any and all liability for direct or indirect damages
to person or property (including, but not limited to lost data and lost
profits) arising directly or indirectly from any loss suffered by Licensor
while using the Premises or otherwise under this Agreement.
Section 22. Temporary Closure of Premises. Licensor may
temporarily close the Premises, for performing necessary repairs and/or
maintenance, or for a private event. As may be reasonably feasible under
the circumstances, Licensor will provide advance notice of such temporary
closures. If the Premises become inaccessible to the Licensee for a period
longer than five days within a calendar month by reason other than an
emergency repair, Licensee shall be entitled to a pro rata adjustment of the
applicable Fee, pro -rated on a per diem basis from the sixth day of such
unavailability through the date the Premises are again made available for
use by Licensee, to be either paid to Licensee from Licensor or credited
against future License Fees.
Section 23. Force Maieure. Licensor's obligations under this
License Agreement shall be suspended if and so long as the non-
performance shall be caused by a strike, lockout, act of God, enemy action,
war, national emergency, riot, fire or other similar exigency that is beyond
the control of Licensor. In such event, Licensee shall not be entitled to a
pro rata reimbursement of License Fees.
Section 24. Management and Control of Premises. The Premises
shall at all times be subject to the control, operation and management of
Licensor (and Licensor's landlord). Licensor reserves the right at any time
to relocate, vary and/or adjust the size, nature and type of any of the spaces
and improvements within the Premises. Any such change shall not affect
the validity of this License Agreement.
Section 25. Alterations/Damaee. Licensee shall not paint,
decorate, puncture walls or ceiling, change floor coverings, bring in
furnishings or in any other way alter the Premises or its furnishings without
the prior written approval of Licensor. No additional locks or bolts of any
kind shall be placed upon any of the doors, windows or furnishings, nor
shall any changes be made to existing locks. Any modifications made by
Licensee with Licensor's approval shall, upon termination or expiration of
this Agreement, be removed by Licensee at Licensee's expense, and
Licensee shall restore any damage to the Premises caused by such removal.
Page 21
Section 26. Licensee shall be responsible for the cost of restoring any (c.)
damage caused to the Premises by License or Licensee's guests, excluding
ordinary wear and tear.
Section 27. Indemnity /Costs. Licensee hereby agrees to defend, (d.)
indemnify, and hold harmless Licensor and its representatives from and
(e.)
against any claims, demands, fines, penalties, actions, orders, judgments,
settlements, costs, expenses (including reasonable attorney's fees and court
costs), and other liabilities of any kind resulting from loss of life, personal (f )
injury, property damage or other liability arising, directly or indirectly,
from any act or omission of Licensee or its guests on or about the Premises,
except to the extent such loss or damage is caused by the willful
misconduct of Licensor.
Section 28. Rules. For the mutual benefit of all licensees, Licensor has
adopted rules ( "Rules ") for the operation of the Premises. Licensee (g•)
agrees, as a condition of its use of the Premises under this License
Agreement, to abide by all Rules as they may be implemented from time
to time by posting at the Premises or other reasonable means of notice.
The current Rules are attached hereto as Attachment 2 in which Licensee
is referenced as "Member"
Section 29. Miscellaneous.
(a.) The License Agreement represents the entire agreement and
understanding of the parties with respect to the subject matter hereof
and supersedes all previous oral or written representations,
understandings or agreements. No modification of the License
Agreement shall be binding unless (a) such changes are in writing and
signed by both parties, or (b) the Terms and Conditions are changed
in accordance with Section 16 above.
(b.) The License Agreement shall be construed under the Iowa law.
CT Iowa City Area
Development Group
F.._.._.,, nary opportunities
in unexpected places.
(h.)
(i.)
Except as otherwise provided herein, the covenants and agreements
herein shall bind and inure to the benefit of Licensor, Licensor and
their respective successors, assigns and personal representatives.
This License Agreement may not be assigned by Licensee without the
express written consent of the Licensor.
If any provision of the License Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the
remaining provisions shall not be affected or impaired.
In the event any demand, action or proceeding is brought by Licensor
against Licensee and/or Licensee's guests to enforce this License
Agreement, in addition to any other relief to which Licensor may be
entitled, Licensee shall be liable for all reasonable costs and expenses
incurred by Licensor as a result thereof, including attorneys fees and
costs, whether or not a legal action is commenced.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER THEORY, FOR ANY CLAIM ASSERTED BY
THE OTHER PARTY ARISING FROM THE LICENSE
AGREEMENT, NOT EVEN FOR FORSEEABLE LOSS.
IN NO EVENT WILL LICENSOR'S LIABILITY TO LICENSEE
EXCEED THE LICENSE FEES PAID PURSUANT TO THE
LICENSE AGREEMENT DURING THE PRECEEDING
TWELVE MONTHS BY LICENSEE TO LICENSOR
The License Agreement may be executed in counterparts, each of
which shall constitute an original, fully enforceable counterpart for all
purposes. Email, facsimile or photocopy signatures to the License
Agreement shall be deemed to be originals and may be relied upon to
the same extent as the origina
Page 22
Iowa City Area Page 23
Developmerd Group
EKnaordinary opportunities
in unexpected places.
r --
�.�ui =p CITY OF IOWA CITY 15
,.
MEMORANDUM
Date: March 13, 2012
To: Tom Markus, City Manager
From: Sarah E. Holecek, First Assistant City Attorney` --
Re: Proposed Acceptance of Outlot B, Mackinaw Village, Part 2
The Developer's agreement for Mackinaw Village, Part Two of the City of Iowa City
contemplated that Outlot B, which consist of 24.79 acres along the Iowa River north of
Foster Road, would be a privately owned and maintained open space /conservation area
ultimately deeded to the development's Homeowner's Association. Since the time of
original platting, the developer has offered to dedicate this property to the City for public
open space and public use subject to a deed restriction preventing development of
habitable structures while allowing the installation of trails and other public
infrastructure. The Parks and Recreation Department recommends acceptance of the
dedication as being in the public interest. This Resolution accepts the dedication of
Outlot B and declares it open for public use upon recording of a deed acceptable to the
City Attorney's Office. The location of the subject property is depicted on the attached
subdivision plat.
- - �• 11 1 r .. Al IL .F 1�1. ■ . n■�Ir11111111,� � ■`; . __
u111�1��1�Y81�irY�Y. �YYiiEY�YYYII�YYIIYYI�IIICIYY��IIY�Y
1 ■
•
•
•
JAMN
" LIM:, -
� Yid- #�: � � ►� �� !'i x
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030
RESOLUTION NO. 12 -121
CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT B TO THE CITY OF
IOWA CITY AS PLATTED IN MACKINAW VILLAGE, PART TWO, IOWA CITY, IOWA.
WHEREAS, the Developer's agreement for Mackinaw Village Part Two of the City of Iowa City
originally contemplated that Outlot B, which consists of 24.79 acres along the Iowa River north of
Foster Road, would be a privately owned and maintained open space /conservation area ultimately
deeded to the development's Homeowner's Association; and
WHEREAS, since the time of original platting, the developer has offered to dedicate this property
to the City for public open space and public use subject to a deed restriction preventing
development of habitable structures while allowing the installation of trails and other public
infrastructure; and
WHEREAS, the Director of the Parks and Recreation Department now recommends acceptance
of the dedication as being in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council of Iowa City, Iowa finds it is in the public interest to accept the dedication
of Outlot B, Mackinaw Village Part Two of the City of Iowa City, and upon direction of the
City Attorney's Office and recording of an acceptable deed allowing for the development of
trails and public infrastructure, the same is hereby accepted by the City of Iowa City, Iowa
and the area is hereby declared open for public use.
Passed and approved this 20th day of March 2012.
MAYOR Pro em
ATTEST: 2&,,,2 tic i
CITY ERK
0
Resolution No. 12 -121
Page 2
It was moved by T)i rkanc and seconded by Champion 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
MEMORANDUM
DATE: 3/15/2012
TO: City Council
FROM: Susan Dulek, Assistant City Attorne
RE: 2538 NEVADA AVENUE
Z-20-12 16
On the March 20 agenda is a resolution authorizing acquisition of 2538 Nevada Avenue because it is a
nuisance property. Attached are copies of nine (9) photographs of the property taken by City building
inspectors on February 7, 2012. Also attached is a copy of a letter from me to the property owner
dated March 8, 2012 informing the owner that City Council will be considering the resolution at the
March 20 meeting and providing a copy of the proposed resolution.
Attachments
Copy to:
Thomas M. Markus, City Manager -w /o aft.
Geoff Fruin, Ass't. to the City Manager -w /o aft.
Marian K. Karr, City Clerk -w /aft.
Eleanor M. Dilkes, City Attorney -w /o aft.
Doug Boothroy, Director of HIS -w /o aft.
im
FILE COF I i -#
March 8, 2012
Named Trustee of Alpha One Trust Dated June 30, 2010
2538 Nevada Avenue
Iowa City, IA 52245
Dear Named Trustee of Alpha One Trust Dated June 30, 2010:
� r
CITY OF IOWA CITY
City Attorney's Office
410 East Washington Street
Iowa City. Iowa 52240-1826
(3 19) 356 -5030
(319) 356 -5008 FAX
www.icgov.org
I am writing to notify the owner of 2538 Nevada Avenue that the City Council will be
considering the enclosed resolution at its meeting on March 20, 2012. The City Council meeting
begins at 7:00 p.m. The meeting location is Emma Harvat Hall, City Hall, 410 E. Washington
Street, Iowa City, Iowa.
If the owner, or any member of the public, wishes to address City Council on the proposed
resolution, that person is invited to come to the March 20, 2012 City Council meeting. The
owner, or any member of the public, may also contact City Council in writing prior to the
meeting by sending communication to the City Clerk, 410 E. Washington Street, Iowa City, IA
52240.
Sincerely
Susan Dulek
Assistant City Attorney
Enc.
Copy to: Doug Boothroy -w/ enc.
FILE COM
March 8, 2012 -
Named Trustee of Alpha One Trust Dated June 30, 2010
2538 Nevada Avenue
Iowa City, IA 52245
Dear Named Trustee of Alpha One Trust Dated June 30, 2010:
� r 1
memo
CITY OF IOWA CITY
City Attorney's Office
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5030
(319) 3S6 -5008 FAX
www.icgov.org
I am writing to notify the owner of 2538 Nevada Avenue that the City Council will be
considering the enclosed resolution at its meeting on March 20, 2012. The City Council meeting
begins at 7:00 p.m. The meeting location is Emma Harvat Hall, City Hall, 410 E. Washington
Street, Iowa City, Iowa.
If the owner, or any member of the public, wishes to address City Council on the proposed
resolution, that person is invited to come to the March 20, 2012 City Council meeting. The
owner, or any member of the public, may also contact City Council in writing prior to the
meeting by sending communication to the City Clerk, 410 E. Washington Street, Iowa City, IA
52240.
Sincerely��
Susan Dulek
Assistant City Attorney
Enc.
Copy to: Doug Boothroy -w/ enc.
r
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5030
RESOLUTION NO. 12 -122
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY
KNOWN AS 2538 NEVADA AVENUE, WHICH IS A PUBLIC NUISANCE, FOR
THE PURPOSE OF ABATING THE NUISANCE.
WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found
to be a public nuisance and take title to the property for the purpose of disposing of the property
by conveying the property to a private individual for rehabilitation or for demolition and
construction of housing;
WHEREAS, the property locally known as 2538 Nevada Avenue, Iowa City, Iowa ( "the
property ") contains a single family dwelling;
WHEREAS, City staff first became of the property in early 2009 due to the deteriorating
condition of the property;
WHERAS, in early 2009, the property had been foreclosed by Citifinancial, Inc. and was vacant;
WHEREAS, there were holes in the soffits and roof that allowed animals into the house;
WHEREAS, the basement was flooded due to a broken sump pump, which contributed to the
mold issues caused by the water leakage through the roof;
WHEREAS, because staff recognized the nuisance this property was causing to surrounding
property owners, staff attempted to resolve the nuisance with Citifinancial, Inc. without success;
WHEREAS, the water was disconnected in June 2009;
WHEREAS, on February 9, 2010, Citifinancial, Inc. sold the property to World International,
LLC, and on July 1, 2010 World International, LLC quit claimed the property to Named Trustee
of Alpha One Trust Dated June 30, 2010;
WHEREAS, the current record title holder to the property is Named Trustee of Alpha One Trust
Dated June 30, 2010;
WHEREAS, staff has not been able to determine the identity of the trustee, and although a male
individual has telephoned City staff and officials regarding the property, he has never identified
himself;
WHEREAS, in January of 2011, the City sent a notice requiring the owner to register the house
as a vacant property, and there was no response;
WHEREAS, in February of 2011, the City sent the owner a Notice of Violation due to the
condition of the house described in the previous recitals as well as a front picture window that
was now broken and repaired with duct tape;
Resolution No. 12 -122
Page 2
WHEREAS, in March 2011, a male individual telephoned staff and discussed selling the
property to the City, but after sporadic telephone calls, the male individual ceased contact
altogether;
WHEREAS, in October of 2011, someone dug fence post holes and installed a fence post
between the sidewalk and curb;
WHEREAS, because fences are not allowed in City right of way and must be at least two (2)
feet back from the sidewalk, City staff knocked on the door of the property to explain this, but no
one came to the door;
WHEREAS, because the material was in City right of way, staff removed the materials;
WHEREAS, someone re- installed the materials the next day, and staff again removed the
materials;
WHEREAS, in October of 2011, HIS issued a municipal infraction citation for failure to register a
vacant building, City of Iowa City v. Named Trustee of Alpha One Trust Dated June 30, 2010,
Johnson County No. CISC080962.
WHEREAS, on January 5, 2012, no one appeared on behalf of the owner at the initial
appearance;
WHEREAS, in an Order entered January 5, 2012, the Court found the property to be a nuisance
under section 6 -1 -2H1 of the City Code;
WHEREAS, the Court ordered the owner to register the property as a vacant building and allow
an inspection by City staff by February 1, 2012, and if the owner did not register the property
and allow an inspection, the Court authorized City staff to enter the property for purposes of
determining the condition of the property and any potential hazards that may exist;
WHEREAS, because the owner did not comply with the court order, three City building
inspectors and a police officer entered the property on February 7, 2012;
WHEREAS, staff observed that most of the ceilings had been torn out to start repairs caused by
the leaking roof, and some of the ceiling joists and rafters had "sistered" lumber on them to
attempt repair;
WHEREAS, it appeared that a third layer of shingles had been applied to the roof without
replacing damaged sheathing as evidenced by the warped curves in the roof;
WHEREAS, walls and electrical box covers had been removed exposing electrical wires;
WHERAS, the stack vent for the furnace and water heater was rusted apart;
WHEREAS, the City building inspectors noted these as hazardous situations;
WHEREAS, no one has applied for a building permit for repairs and remodeling;
WHEREAS, it is the opinion of City staff that the house can be saved and rehabilitated;
Resolution No. 12 -122
Page 3
WHEREAS, the property has become a serious detriment and hazard to the neighborhood and
is a public nuisance;
WHERAS, the owner has not demonstrated any intent to bring the property into compliance with
habitable standards; and
WHEREAS, absent intervention, it is highly likely that the property will continue to generate
nuisance complaints and violations and will continue to deteriorate and become even more
hazardous until the house will no longer be salvageable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. The property locally known as 2538 Nevada Avenue, Iowa City, Iowa is a public nuisance.
2. It is in the public interest of the City of Iowa City to acquire the property for the public
purpose of disposing of the property by conveying the property to a private individual for
rehabilitation or for demolition and construction of housing.
3. The City Manager, or designee, in consultation with City Attorney's office, is authorized and
directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the property
for the established fair market value.
4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase
of the property.
5. The City Manager, or designee, is authorized to sign offers of purchase and purchase
agreements for the purchase of the property.
6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon
direction of the City Attorney, to execute and attest all documents necessary to effectuate
the purchase of the property. The City Attorney is hereby directed to take all necessary
action to complete said transactions, as required by law.
7. In the event the property cannot be acquired by negotiation, the City Attorney is hereby
authorized and directed to initiate condemnation proceedings for acquisition of the property.
Passed and approved this 20th day of March , 2012.
ATTEST: AtA�
CIT LERK
MAYOR Pro kem
Approved by
City Attorney's Office
Resolution No.
Page 4
12 -122
It was moved by Champion and seconded by Dobvns 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
;;�495�
SKINNER LAW OFFICE
ATTORNEYS AT LAW A Professional Corporation
Ed Skinner 160 Adventureland Drive N.W. Telephone: 515-967.6264
R. Bradley Skinner Suite B Facsimile -515- 961;$486
Geri D. Huser P.O. Box 367 CD
Altoona, Iowa 50009
March 20, 2012 .'
Via Email: council@iowa- city.org
Mayor and City Councilmembers
City of Iowa City
RE: Item 16 on Agenda for March 20, 2012, Council Meeting
To Whom It May Concern:
Please be advised that the following letter is being written at the request of and on behalf of the
Alpha One Trust which is the current owner of property locally known as 2538 Nevada Avenue,
Iowa City, Iowa.
The purpose of this letter is to kindly request that you delay any possible determination on the
subject property so that my client may be allowed to sell the property on the open market. We
would be requesting between 90 and 180 days to sell the property or at least to see if an offer can
be accepted. Since it appears that the City is periodically examining this property, the proof of
sale can be witnessed by the listing and real estate sign.
In addition in reviewing the resolution on this matter there were a number of contradictions
contained therein.
On the first page my client doesn't have any knowledge in regard to what the condition
of the house was based upon the City's inspection or knowledge prior to the Trust
ownership beginning February 2010.
• Currently the utilities are shut off to the home.
In the Resolution there is reference to an individual contacting the City regarding the
proposed sale of the property. That is a correct statement. It has been represented to
me that there were a number of conversations between the Trust and an individual with
Mayor and City Councilmembers
City of Iowa City
March 20, 2012
Page 2
the City in regard to selling it and the Trust did make an offer of $79,900.00. However,
after that point there were no further discussions, documents, or any offers from the City
either accepting that offer or countering that offer.
• In regard to fence post holes, the Trust got the message that it was not allowed and that
is no longer an issue.
• In regard to the municipal infraction citation or the Court finding a nuisance, the Trust
had no knowledge of any of those proceedings other than what I have been able to find
on the Iowa Courts Online system, well after the fact
• The Trust had an agent meet with City inspectors on the property here recently on
February 7, 2012
• Most of the ceilings have not been torn out. There are approximately four 5'x8' pieces of
drywall that have been removed from the ceilings and it is the intent to repair the same.
• The joists have been repaired, not attempted to be repaired.
• As it regards the last six items on the second page of the resolution, as mentioned before
the utilities have been shut off so there are no hazards. The home is secured. There are
approximately two outlets without covers on them. The utility box is not uncovered.
• The City maintains that no building permit has been pulled for the repairs or remodeling.
The Trust has contacted the City and inquired as to what permits are required and in
what circumstances. No repairs have been undertaken that raise this issue to the level of
requiring a building permit. As the City is well aware, an owner can make a number of
repairs without a building permit.
• The Trust also agrees with the City's position that the home can be saved and
rehabilitated as it appears there is only a few thousand dollars worth of repairs and
maintenance that are required. It should also be noted that the City in their Resolution
does not make mention of the fact of the building materials contained within the home
including insulation and various appliances. These items alone refute the City's position
that no steps have been taken to repair or remodel or there is no intent to repair or
remodel. The Trust denies the City's contention that the property has become a serious
detriment and hazard to the neighborhood and believe that the City is greatly
exaggerating this issue so the elected officials give the City the right to purchase the
property.
Finally, the City's stance that absent intervention that it is highly likely that the property will
continue nuisance complaints is without merit. This can be simply asked by requesting how many
neighbors have filed a nuisance complaint against the property versus what City inspectors have
witnessed.
E
a
CD
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b
'�, 9
Mayor and City Councilmembers
City of Iowa City
March 20, 2012
Page 3
market. During that time the City obviously has the right to make an offer on the property. If at
any point in time the City does not feel that the home is not being marketed, they simply can bring
this Resolution back in front of the City Council.
Respectfully submitted,
USE
R. Bradley Skinner
On behalf of the Alpha One Trust
RBS /sjh
rya
M }�
17
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240
(319) 356 -5030
RESOLUTION NO. 12 -123
RESOLUTION AUTHORIZING THE CITY MANAGER AND MAYOR TO ACQUIRE AND
REHABILITATE HOMES FOR THE UNIVERCITY NEIGHBORHOOD PARTNERSHIP
PROGRAM.
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;
WHEREAS, the City previously received $1.25 million dollars in I -Jobs grant funds to purchase
and rehabilitate 26 homes; and.
WHEREAS, the FY13 budget provides funding to rehabilitate a few additional houses.
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 acquire and
rehabilitate properties for the UniverCity Neighborhood Partnership Program.
2. Upon the direction of the City Attorney, the City Manager and /or the Mayor is authorized
to execute promissory notes and mortgages with private lenders for financing the
purchase of the properties.
3. The City Manager is authorized to execute early occupancy leases with buyers.
4. The City Clerk is authorized to attest to any document signed by the City Manager
and /or Mayor as part of the acquisition and rehabilitation of the properties.
Passed and approved this 20th day of March , 2012.
AYOR Pro to
Approved by
ATTEST: �•
3 °i3-
CITY LERK City Attorney's Office
Resolution No. 12 -123
Page 2
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
Hayek
x Mims
x _ Payne
x Throgmorton