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HomeMy WebLinkAbout2015-07-27 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 15-230 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: Iowa City Fieldhouse — 118 S. Dubuque St. Passed and approved this 27th day of July -'20 15 'n0 Approved by ATTEST:L .7� CITY CLERK City Attorney's Office It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Dobyns the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 3c(14) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 15-231 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: Kum & Go 4502 - 2303 Muscatine Ave. Kum & Go 4504 - 1310 S. Gilbert St. Passed and approved this 27th day of July &'<� MAYOR 20 15 Approved by ATTEST:% _ CITY CLERK City Attorney's Office It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-232 RESOLUTION ACCEPTING THE WORK FOR THE 2014 STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Dave Schmitt Construction Company of Cedar Rapids, IA, dated November 4, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Stormwater Utility account #77770110; and WHEREAS, the final contract price is $240,865.59. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 27th day of .Tule , 20 15 MAYOR ATTEST:--���_� CITY C RK Approved by 7�?�� City Attorney's Office It was moved by Payne and seconded by Dobvns the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Pweng/masters/acptwork.doc 7115 ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE 2014 S RM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engi Bering Division has recommended that the ork for construction of the 2014 Storm Sewer Imp vements Project, as included in a contr t between the City of Iowa City and Dave Schmitt Cons uction Company of Cedar Rapids, dated November 4, 2014, be accepted; and WHEREAS, the Engineer's R ort and the performance nd payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project a available in t Stormwater Utility account #77770110; and WHEREAS, the final contract price is 292,179 9. NOW, THEREFORE, BE IT RESOL D Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements a hereby accepted by the City of Iowa City, Iowa. Passed and approved this ay 120 ATTEST: CITY CLERK It was moved by adopted, and upoYS AY Pweng/masters/acptwork. doc 7/15 Approved by Jlr.. City Attorney's Office -74, /lS and seconded bk the Resolution be call there were: NAYS: A SENT: Botchway Mims Payne Throgmorton 07-27-15 3d(3) ENGINEER'S REPORT July 14, 2015 City Clerk Iowa City, Iowa Re: 2014 Storm Sewer Improvements Dear City Clerk: ject CITY F IOWA CITY 410 ast Washington Street I a City, Iowa 52240 - 1826 19) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the construction of e 2 14 Storm Sewer Improvements Project has been completed by Dave Schmitt Constr ction ompany of Cedar Rapids, IA in substantial accordance with the plans and specif nations pr6pared by HBK Engineering. This project was bid as a unit There were ten change contract and th�kfinal contract price is $292,179.79. ling $36,721.79 1. CO #1 Site 5th Ave Field Changes 2. CO #2 UI U Alley Intake Repairs 3. CO #3 H for Drive Intake Repairs 4. CO #4 -507 Top Only to SW -509 5. CO #5 Add 42 Inch Collar to Intake Repair 6. CO #6 Dodge Street Intake Repairs 7. CO #7 Rundell Street Intake Repairs 8. CO #8 Burlington Street Manhole Repairs 9. CO #9 Dodge Street SW -541 Intake 10. CO # Dubuque Street SW -541 Intake Total project as shown below: $ 1,200.00 $ 5,681.24 $ 6,320.75 $ 3,940.00 $ 200.00 $ 2,964.00 $ 1,788.50 $ 4,707.30 $ 4,960.00 I recomr6end that the above -referenced improvements be accepted by Sincerely, _ " Jason Havel, P.E. City Engineer ,721.79 City of Iowa City. � r � 4011 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org July 27, 2015 City Clerk Iowa City, Iowa Re: 2014 Storm Sewer Improvements Project Dear City Clerk: I hereby certify that the construction of the 2014 Storm Sewer Improvements Project has been completed by Dave Schmitt Construction Company of Cedar Rapids, IA in substantial accordance with the plans and specifications prepared by HBK Engineering. This project was bid as a unit price contract and the final contract price is $240,865.59. There were ten change orders totaling $36,721.79 for the project as shown below: 1. CO #1 Site #7, 5th Ave Field Changes $ 1,200.00 2. CO #2 UICCU Alley Intake Repairs $ 5,681.24 3. CO #3 Hafor Drive Intake Repairs $ 6,320.75 4. CO #4 SW -507 Top Only to SW -509 $ 3,940.00 5. CO #5 Add 42 Inch Collar to Intake Repair $ 200.00 6. CO #6 Dodge Street Intake Repairs $ 2,964.00 7. CO #7 Rundell Street Intake Repairs $ 1,788.50 8. CO #8 Burlington Street Manhole Repairs $ 4,707.30 9. CO #9 Dodge Street SW -541 Intake $ 4,960.00 10. CO #10 Dubuque Street SW -541 Intake $ 4,960.00 Total $36,721.79 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, a<oHave/1,P a ,PE City Engineer Prepared by: Melissa Clow, Special Projects Administrator, and 410 E. Washington St., Iowa City, IA 52240 319-356-5413 RESOLUTION NO. 15-233 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE IOWA CITY GATEWAY PROJECT [HDP -3715(652)- -71-521. WHEREAS, the City of Iowa City desires to construct the Iowa City Gateway [HDP -3715(652)-71-52] Project ('Project") which includes the elevation of Dubuque Street to one -foot above the 100 -year flood elevation, the reconstruction of Park Road Bridge such that the low steel elevation of the new through -arch bridge is one -foot above the 200 -year flood and all necessary improvements of sidewalks, public and private utilities and intersections within the project limits. WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Iowa City Gateway account # S3809. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Iowa City Gateway [HDP -3715(652)- 71-52] Project ('Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Council hereby approves the preliminary or final route or site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 15-233 Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 27th day of July —'20 15 ATTEST: 2b"".2 -k - CITY C ERK It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: NAYS: x Approved by 4---- ?4-t Is City Attorney's Office Dobyns the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton MI CITY OF IOWA CITY 3d(4) 0 RT MEMORANDUM DATE: July 21, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer ,fir} RE: Iowa City Gateway Introduction: This project will elevate Dubuque Street to the 100 -year +1 -foot flood elevation and reconstruct the Park Road Bridge as a Through -Arch Bridge with the low steel elevation raised to one -foot above the 200 -year flood elevation. Impacted utilities and intersections will be improved with the project as well, including the trunk sanitary sewer from Foster Road south through the Dubuque Street corridor. Park Road from the Iowa River to Riverside Drive will be widened to a 3 -lane section to assist cars entering and leaving Upper & Lower City Park and the new Hancher Auditorium. History/Background: The City contracted with HNTB Corporation of Kansas City, MO in November 2010 for consulting services for the Iowa City Gateway project. On December 18, 2013, the Federal Highway Administration signed the Finding of No Significant Impact (FONSI), completing the NEPA study. The preferred alternative concept was revised and design parameters, allowing HNTB to begin final design and engineering, were approved by City Council on July 15, 2014. HNTB now has 60% of final design complete and has confirmed areas of impact on the adjacent properties due to construction activities or utility/roadway alignment. This project is included in the capital program and will be let through the Iowa DOT in the winter of 2016. Construction is anticipated to begin in the spring of 2016. Discussion: Sixty plats have been prepared for Right -of -Way acquisition, Temporary Construction easement or Permanent Drainage and Storm Water Easement. There are a total of 24 property owners impacted by the project, including the University of Iowa and the City of Iowa City. HNTB and City staff have worked to reduce grading impacts and tree removals on adjacent properties throughout the design process. Financial Impact: The total cost of property acquisition is estimated to be $2,640,000. Recommendation: Staff recommends authorization for property acquisition. mm 3d(5) Prepared by: Daniel Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-234 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR EVAN HEIGHTS AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Evan Heights, as constructed by Maxwell Construction of Iowa City. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, there are no traffic control signs that need to be installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 27th day of July 120 15 A -_C A MAYOR Approved by ATTEST: CITY -ERK ity Attorney's Office It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pweng\masters\acpt-improvements. doc ~ r 1 � r as._ M " ffiq� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org July 15, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: Evan Heights Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for Evan Heights has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, _'_ /`-a ason Havel, P.E. City Engineer i 07-7 3d(6) on■� Prepared by: Daniel Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-235 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SANDHILL ESTATES, PART 3, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Sandhill Estates, Part 3, as constructed by Carter and Associates of Coralville. Paving improvements for Sandhill Estates, Part 3, as constructed by Streb Construction of Iowa City. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 27th day of July -,20 15 &� MAYOR Approved by ATTEST: , CITY ERK Tit -y- Attorney's Office 7 41 /1_5'- It 1� It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Botchway g Dickens x Dobyns g Hayek g Mims g Payne g Throgmorton pweng\masters\acpt-improvements. doc 3d (�) 1r ®_4 l Air CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org July 15, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: Sandhill Estates, Part 3 Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Sandhill Estates, Part 3 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Carter and Associates, Inc. of Coralville, Iowa and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P. City Engineer = d(7) Nft= Prepared by: Ed Moreno, Water Superintendent, 80 Stephen Atkins Dr., Iowa City, IA 52240 (319) 356-5162 RESOLUTION NO 15-236 RESOLUTION AUTHORIZING THE PROCUREMENT OF WATER METERS FOR FISCAL YEAR 2016. WHEREAS, water meters are necessary to facilitate utility billing for the City of Iowa City; and WHEREAS, water meters are purchased regularly throughout the fiscal year; and WHEREAS, to assure compatibility between water meters and existing electronic equipment and software, Staff recommends the purchase of Neptune Water Meters; and WHEREAS, Ferguson Waterworks in the only authorized distributor of Neptune Water Meters in our area; and WHEREAS, Staff recommends award of a purchase contract with Ferguson Waterworks; and WHEREAS, the budgeted fiscal year 2016 amount for the purchase of water meters is $185,000; and WHEREAS, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 73730140; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase. Passed and approved this 27th day of July , 2015. MAYOR Approved by —7 j ATTEST: CIT ERK City ttorney s Office Resolution No. 15-236 Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AWES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 3d(8) Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356-5197 RESOLUTION NO 15-237 RESOLUTION AUTHORIZING THE PROCUREMENT OF MOTOR FUELS FOR FISCAL YEAR 2016. WHEREAS, Gasoline and diesel fuel is purchased regularly throughout the fiscal year for City use and also resold to other Johnson County non -taxed entities; and WHEREAS, RFP #16-201 was put out to solicit proposals for fuel delivery; and WHEREAS, five proposals were received for the fuel delivery contract; and WHEREAS, the Evaluation Committee recommends the contract be awarded to Consumers Cooperative Society of Iowa City, IA based upon pricing, references, previous experience or past performance of vendor and ability of vendor to provide service and products; and WHEREAS, the initial term of this contract will be for one (1) year, with an option to renew for four (4) additional one (1) year terms; and WHEREAS, in future renewals, the City expects to spend a similar amount on fuel purchases; and WHEREAS, the budgeted fiscal year 2016 fuel dollars total $2,540,115; and WHEREAS, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in accounts # 81710510 and #71810230; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase, and to execute subsequent annual renewals as are reasonable and appropriate. Passed and approved this 27th day of July , 2015. Approved by ATTEST: CITY CLERK City orney's Office Resolution No. 15-237 Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: APES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 RESOLUTION NO. 15-238 RESOLUTION AUTHORIZING THE PROCUREMENT OF ONE (1) STREET SWEEPER WHEREAS, one (1) street sweeper is budgeted for replacement in Fiscal Year 2016; and WHEREAS, National Joint Powers Alliance (NJPA) contract # 022014 -FSC will be utilized for the purchase of the street sweeper; and WHEREAS, the total purchase price of the sweeper with trade-in is $177,032.80 WHEREAS, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 81710520; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase. Passed and approved this 27th day of July , 2015. MAYOR Approved by / ATTEST: _ !t f %/Z (/ / 5 CITY'CLERK City Att ney's Office Resolution No. 15-238 Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton 3d(9) CITY OF IOWA CITY ..m � ,t =.�-�MEMORANDUM Date: July 15, 2015 To: Bid File #16-206 From: Equipment Superintendent Re: Purchase one (1) Elgin Street Sweeper budgeted as replacement by the Equipment Division. I recommend the purchase of one (1) new 2015 Elgin Pelican NP Street Sweeper to be used by the Streets Division. National Joint Powers Alliance (NJPA) Contract #02214 -FSC will be utilized for this purchase. Contract price is $187,032.80 minus trade allowance of $10,000.00 for unit # 268 (2002 Elgin Pelican) for a total purchase cost of $177,032.80. The NJPA price is significantly lower than the Minnesota DOT State Bid pricing. m kw�et Dan Striegel Equipment Superintendent Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319) 356-5053 RESOLUTION NO. 15-239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RENEWAL OF A CONTRACT FOR DESIGN, PRODUCTION, AND MAILING OF THE CITY OF IOWA CITY UTILITY BILL, LANDFILL BILL, ACCOUNTS RECEIVABLE BILL, ENVELOPES, AND WEB SERVICE FOR ONE ADDITIONAL YEAR. WHEREAS, the City has previously established a contract for the above services with SourceHOV; and WHEREAS, the City's current contract term with SourceHOV will expire on September 16, 2015; and WHEREAS, due to the hardship that would be created by changing to a new system at this time because of the implementation of a new ERP system, the City seeks to renew the contract for the above services with SourceHOV for one additional years; and WHEREAS, City policy requires City Council approval for contracts over $150,000; and WHEREAS, the service fees for SourceHOV for a one year renewal are estimated to be $170,000; and WHEREAS, funds for this purchase are available in Account # 10310400 435054 and Account #10310400 435055; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest to the renewal of the contract with SourceHOV for Design, Production, and Mailing of the City of Iowa City Utility Bill, Landfill Bill, Accounts Receivable Bill, Envelopes, and Web Service for one additional year. Passed and approved this 27th day of July 120 15 MAYOR Approved by ATTEST: h� .� -e. ll�l iJ Z� 2.1/1 S— CIT LERK Cityorney's Office Resolution No. )Page 2 15-239 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton � r ! NPMORN Date: July 21, 2015 CITY OF IOWA CITY MEMORANDUM To: Dennis Bockenstedt, Finance Director From: Melissa Miller, Revenue & Risk Manager Re: Utility Billing/Printing/Mailing Contract 3d(10) Introduction: The City's current contract with SourceHOV for the Design, Production, and Mailing of the City's Utility Bill, Landfill Bill, and Envelopes will be completed in September 2015. The Finance Department is requesting to extend this contract for one additional year due to the timing of the contract's completion with the City's ERP system implementation. History/Background: The City of Iowa City issued an RFP for utility billing, printing, and mailing services. A contract was established with SourceHOV (formerly United Information Services) based on qualifications, experience and minimal price variance. That contract included an option to renew on an annual basis. Renewals have been processed since the early phases of implementation of new ERP system. The City is currently in the process of implementing a new ERP system. The utility billing system was implemented in March 2015 and landfill billing will be implemented late summer. The Revenue Division is still in the process of fine tuning the utility billing software. The contractual services provided by SourceHov are greatly integrated into the City's utility billing services. SourceHOV prints the City's utility bills. SourceHOV then places the City's bills into envelopes and mails them. Electronic files are transferred between the City and SourceHOV in order to complete the above tasks. Integration of these services from the new ERP system is still evolving and is critical to the successful implementation of the new system. Discussion of Solutions: The City has two options: 1 ) extend the contract with SourceHOV at the same pricing levels as last year or issue an RFP for printing and billing services, which may result in awarding the contract to SourceHOV or 2) choose another firm. With the timing of the ERP implementation and the timing of the termination of the SourceHOV contract, the staffs ability to change print vendors would be very difficult. This increased level of difficulty for the Utility Billing staff would decrease the likelihood of success and increase the implementation time required. Both of these outcomes would increase the cost of the implementation. Due to the potential result through a bidding process, I am proposing to extend the City's contract with SourceHOV for an additional year in order to allow for the completion of the ERP system implementation. These services would then be bid as per our usual process in the fall of 2016. Financial Impact: Below is the cost for billing and printing services for FY13- FY15 and the proposed pricing for renewal for one year. Billing/Printing/Mailing Services FY13 $168,000 (includes $104,000 for postage reimbursement) FY14 $125,000 (includes $60,000 for postage reimbursement) FY15 $170,000 (includes $96,000 for postage reimbursement) FY16 $170,000 (includes $96,000 for postage reimbursement) Recommendation: With the ERP implementation and the additional staff time required to change service providers, we are proposing to extend the billing/printing services contract with SourceHOV for an additional year to September 2016. An RFP for billing, printing, and mailing services will be issued in 2016 to gather pricing for the new contract term that would begin in September 2016. Cc: Mary Niichel-Hegwood, Purchasing Agent Christine Weinard, Buyer I Prepared by: Brenda Nations, Sustainability Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6161 RESOLUTION NO. 15-240 AUTHORIZE THE CITY MANAGER TO CO-SPONSOR, WITH THE UNIVERSITY OF IOWA, A BIKE -SHARE PROGRAM USING GRANT FUNDS FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM(ICAAP) FROM THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, The City of Iowa City supports biking opportunities in order to lower greenhouse gas emissions, encourage physical activity of residents, and lower vehicle miles travelled per capita; and WHEREAS, The City of Iowa City and the University of Iowa submitted an application to the Iowa Department of Transportation requesting ICAAP funding for the development of a joint Bike -Share Program project, which was approved in the amount of $135,300; and WHEREAS, a portion of the local funding match required will be provided by the University of Iowa Parking and Transportation Department($20,000), University of Iowa Staff Council($4,000), University of Iowa Student Government($4,000), and the City of Iowa City($13,700); and WHEREAS, the City of Iowa City will be responsible for all the grant assurances, and both the City of Iowa City and the University of Iowa will be responsible for future operations and maintenance of the equipment for its estimated useful life; NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Manager is hereby authorized on behalf of the City to commit the City's portion of the local match and sponsor the administration for Iowa Clean Air Attainment Program funds for the Iowa City/University of Iowa Bike -Share Program project. Passed and approved this 27 day of July 2015. Mayor ATTEST:i�u.�.� CITY CLERK 77!!- 2 1 1/S City Attorney's Office Resolution leo. Page 2 15-240 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton �'.pCITY OF IOWA CITY 3d(11) �� _ -4, 42­=.u'PM M EMORANDUM Date: July 16, 2015 To: Tom Markus, City Manager From: Brenda Nations, Sustainability Coordinator Re: Bike -Share Program in association with University of Iowa Introduction: In collaboration with the University of Iowa, Iowa City has been awarded a grant from the Iowa Clean Air Attainment Program (ICAAP) to purchase equipment for the first stage of a bike -share program. Iowa City will act as the lead for the project; therefore a resolution is required in order to authorize acceptance of the grant. Grant funds will cover three bike stations and thirty bicycles. There are plans to add additional stations to expand accessibility as the program gains popularity. Background: Biking is popular in the community and both Iowa City and the University of Iowa both have Bike Friendly designations. Bike -share programs are a collection of community bicycles dispersed around a town for use. Bicycles can be checked out from an automated station and returned to another station, making bike -share programs appropriate for Point A to Point B transportation. To ride a bike -share bicycle, users can sign up for daily, weekly, or annual memberships. The main goal of the initial phase of the bike -share program is to enhance the mobility around downtown and the campus area, while also reducing vehicle miles travelled and greenhouse gas emissions in these areas. Benefits: The benefits of a bike -share program align with the City's emphasis on sustainability. Benefits include increased physical activity which can lead to better health, less dependence on vehicle use and a reduction in community -wide greenhouse gas emissions. Timeline: Funds will be available to purchase equipment in October 2015. Because bicycles will need to be stored during the winter months, bike stations will not be installed until spring of 2016. Upon Council approval, staff will work with the University on a request for proposals to purchase the stations. Details regarding ongoing operations, maintenance, storage and other issues related to the bike -share program will be determined through the request for proposals process. The input from neighboring communities and bicycle groups will be sought in effort to integrate additional phasing plans. Financial Impact: Iowa City is eligible for $135,300 through the grant, which will be locally matched by the City's contribution of $13,700. The University of Iowa Parking and Transportation Department will contribute $20,000 while the U of I Student Government and the Staff Council will each contribute $4,000 to the project. Grant funds will be available through reimbursement after funds are expended. The University of Iowa has been seeking funding for additional phasing for the program. Recommendation: It is recommended that the City of Iowa City accepts the grant from the Iowa Clean Air Attainment Program by resolution. This will allow for the purchase of three bicycle stations and thirty bicycles as an initial phase of installing a bike -share program. It is requested by IDOT that the grant funds be managed by the City's Transportation and Resource Management Department. CC: Chris O'Brien, Director of Transportation and Resource Management Doug Boothroy, Director of Neighborhood and Development Services 3 Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 WMNlftw RESOLUTION NO. 15-241 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT [2016 -TS -009] FOR THE CONVERSION OF FIRST AVENUE FROM A FOUR -LANE TO A THREE -LANE ROADWAY. WHEREAS, the City of Iowa City, Iowa desires to convert First Avenue (between Bradford Drive/J Street and Highway 6) from a four -lane roadway to a three -lane roadway with bicycle lanes; and WHEREAS, the City of Iowa City, Iowa has negotiated a funding agreement with the Iowa Department of Transportation for this project; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the conversion of First Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 27th day of July , 20 15 ATTEST:1Ja'4A') CITY ttERK Approved by *CtyA �,.�rYTl�l��ttorney's Office .?�t f It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 2015 First Ave Conversion - IDOT Agreement.doc 7/15 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Recipient Project No. Iowa DOT Agreement No. Johnson Iowa City CS -TSF -3715(659)-85-52 2016 -TS -009 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program under Iowa Code Section 312.2(l 1), and the application was approved by Transportation Commission Order No. H-2015-30 on, January 13, 2015. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the District 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be City Engineer, Jason Havel. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Iowa City: Conversion from 4 -lane to 3 -lane configuration with center turn lanes and traffic signal upgrades on 1"t Avenue between U.S. 6 and Bradford Drive. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Funds: $500,000 b. The portion of the total project costs paid by Traffic Safety Funds shall not exceed the amount stated above or the actual cost of the Traffic Safety Improvement Program eligible items, whichever is the smaller amount. c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is approved by the Department. If a letting is not required, construction on the project shall begin within 2 years of the date of this agreement is approved by the Department. If neither condition is met, the Recipient may be in default, for which the Department may revoke funding commitments. This 20164S-008 lamCity_1st Ave agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. d. Project activities or costs eligible for TSIP funds include only the following: (a) road modernization, upgrading or reconstruction; (b) bridge and culvert modernization, replacement or removal; (c) road intersection and interchange improvement including channelization, traffic control devices or lighting; (d) right-of-way required for a traffic safety project; (e) drainage and erosion measures which are an integral part of the project; (f) traffic control devices required by the project; (g) guardrail; (h) tree removal; and (i) other construction activities directly related to or required by the safety project. e. Project activities or costs ineligible for TSIP funds include, but are not limited to, the following: (a) any and all costs incurred prior to commission approval of funding; (b) routine maintenance of a road, street, bridge, culvert or traffic control device; (c) safety-related activities associated with projects initiated for purposes other than traffic safety; (d) contract administration costs; (e) design and construction engineering and inspection; (f) utility construction, reconstruction, or adjustment except as an integral part of a project, (g) sidewalks, bicycle paths or railroad -highway crossings, except as an integral part of the project; and (h) expenditures for items not related to the roadway. f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with Traffic Safety Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non -Traffic Safety Improvement Program project. The Recipient shall comply with all requirements for the use of said funds. 3. Right of Way and Permits a. In the event that right-of-way is required for the project, said right-of-way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. If the project impacts the Primary Road System the Recipient shall submit preliminary right-of-way plans to the DOT's Office of Right of Way for review and approval prior to the commencement of any acquisition. Additionally, if said right-of-way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. b. The Recipient shall be responsible for obtaining any permits, such as the Work Within the Right -of - Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, and/or other construction permits required for the project prior to the start of construction. Neither the approval of the Traffic Safety application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. c. The Recipient shall certify to the DOT's contact person that all known environmental permits have been received and that all environmental regulations have been complied with before Traffic Safety Funds are reimbursed or credited. 4. Project Design a. The Recipient shall develop all project improvements using good engineering judgment. The Recipient shall use the DOT "Design Manual" on projects involving the Primary Road System and/or routes located on the National Highway System. Projects not on the Primary Road system shall use "A Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of State Highway and Transportation Officials. In all cases the'The Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), as adopted pursuant to 761 Iowa Administrative Code, Chapter 130 shall apply. b. For projects which include the installation or modification of traffic signal systems, the following shall apply: 2016 -TS -009 IowaCity_1st Ave i. There will be a minimum of one mast -arm mounted signal head with back plate for each incoming through or left -turn lane. In addition there will be one signal head, side of pole mounted, on the far right side pole. All vehicle signal lenses shall be 12 -inch. The positioning of signal faces and the signal indications for left -turn movements shall be in accordance with current adopted MUTCD. ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects. iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within % mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground line. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85"' percentile speed is atiover 35 mph. 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) prior to the project letting of each division. If the project will be let through the Iowa DOT, project development submittals shall follow Local Systems I. M. 3.005. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these pians and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this agreement. d. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. 2016 -TS -009 IowaCity_1st Ave 3 e. The LPA shall be the contracting authority for the project. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. b. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. c. The Recipient shall maintain records, documents, and other evidence in support of work performed under the terms of this contract. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT or its designee at all reasonable times during the period of the contract and for three (3) years after the date of final payment. Reimbursement shall be based on eligible actual and indirect costs associated with performance of contract service work. The Recipient shall provide copies of said records and documents to the DOT upon request. d. The Recipient shall require its contractors to permit the DOT authorized representative to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. e. Upon project completion and prior to final reimbursement for the project, the Recipient shall furnish three sets of "as -built' plans for any portion of the project which is on or intersects any primary road or primary road extension to the DOT's contact person for future maintenance and road design purposes. f. If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, operation and energy costs of said installation or modification. g. The Recipient hereby certifies that, for a period of ten (10) years following completion of project and receipt of final payment from the DOT, there shall be no modifications in the geometric features, the construction features, or the access management features (including driveway design and location) of the project, nor shall there be any fixed objects or obstructions placed in any clear zone established in conjunction with this project without the prior written approval of the Office of Traffic and Safety. Failure to comply shall be considered a default under the terms of this agreement. 7. Payments and Reimbursements a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld, if any. 2016 -TS -009 IowaCity_1st Ave 4 c. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the terms of this agreement. Final reimbursement of Traffic Safety Funds shall be made only after the DOT accepts the project as complete. d. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. e. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of Traffic Safety Funds granted by this agreement through charges against the Recipient's road use tax funds. 8. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipients application for funding contained inaccuracies, omissions, errors or misrepresentations. b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. To the extent allowed by law, this agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. j. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement 2016 -TS -009 IowaCity_19t Ave 5 are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2016 -TS -009 as of the date shown opposite its signature below. City of Iowa City, Iowa: By: Date July 27 20 15 Title: Mayor Marian K. Karr certify that I am the Clerk of the City, and that Matthew J. Hayek who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 27th day of July 20 15 . City Clerk of Iowa City, Iowa Iowa Department of Transportation: By: Date 20 Steve J. Gent Director, Office of Traffic and Safety 201&T5-009 1ov a0ty_1st Ave EXHIBIT A-1 E. MAP identifying the location of the project. First Avenue lane Reduction & Grade Separation 12 1 P a g e 2016-78-008 brwClly_1atAw N Q m L � 8C pp8 8 ppb 88 p8 gp 8 g 5Q8� qq$ ppgp N � � 8 V .O�yy e�ryV G ih fA T �N�yy p N N N h N N N N VI VNI V M N is N ti V N O M e -I W N Yl .. W LLl W M Q INfI S O P1 I011 M IR 8 0 M$ G� d � GVV� VV� H A VVN CC� f Eea N m r N 1D 1� GO 01 p Q $ N 0 R ~ v N m~ a J }zr 7 �s C Q ~ W NgIS F a Oi n w rz Q W U � W T n u! dC UA 51 io g°C�30 o g G g:aeeo�n� $ $ G JNN�1��r, g�� p N H N RJ N N fNN/1 N N N N N N H N M O V1 lD W T® L" T Mo w cm (Ci c O Q 70 c�U oZS c .O U 7 70 41 N C: «S J Q LL � 8C pp8 8 ppb 88 p8 gp 8 g 5Q8� qq$ ppgp N � � 8 V .O�yy e�ryV G ih fA T �N�yy p N N N h N N N N VI VNI V O O 0A 0 8 8 g8 8 8 8 ' is N p p p N H O 8� 8 N .N1 ti W LLl W d Eea N m r N 1D 1� GO 01 w cm (Ci c O Q 70 c�U oZS c .O U 7 70 41 N C: «S J Q LL EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE ASSISTED PROJECTS) In accordance with Iowa Code Section 1913.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: httg://dia.iowa.aov/oaae7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached `Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. Recipient County: _ 1 2. 3. 4 5. CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State Assisted Projects) Project Number: Agreement Number: Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? U YES U NO If no, explain Were qualified TSB firms notified of project? U YES U NO If yes, by U letter, U telephone, U personal contact, or U other (specify) If no, explain Were bids or proposals solicited from qualified TSB firms? U YES U NO If no, explain Was a goal or percentage established for TSB participation? U YES U NO If yes, what was the goal or percentage? If no, explain why not: Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? U YES U NO If no, what action was taken by Recipient? Is documentation in files? U YES U NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? U YES U NO if no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date - - J ��,® CITY O F IOWA CITY 3d(13) . ,®,,-�MORANDUM E DATE: July 21, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer-Ja& RE: Funding Agreements with the Iowa Department of Transportation for the conversions of First Avenue and Mormon Trek Boulevard — July 27, 2015 Introduction: The City of Iowa City has recently considered four -lane to three -lane roadway conversions (also known as road diets) in an effort to increase safety and on -street facilities for bicycles. After reviewing existing roadways, First Avenue (Bradford Drive/J Street to Highway 6) and Mormon Trek Boulevard (Melrose Avenue to Highway 1) were identified as good candidates for conversion projects. History/Background: Research suggests significant safety benefits can be achieved through roadway conversion (four -lane to three -lane) projects. Among the benefits, roadway conversions have been shown to reduce vehicle conflicts and overall crashes. First Avenue and Mormon Trek Boulevard currently have a 45 -foot cross section (back -of -curb to back -of -curb), with four 11 -foot lanes. The traffic volumes on these roadways do not necessitate four travel lanes and each roadway has a number of driveway/side street intersections, making them good candidates for conversion. Discussion of Solutions: First Avenue and Mormon Trek Boulevard were selected as favorable candidates for conversion from existing four -lane cross-sections (two lanes in each direction) to three -lane cross sections (one lane in each direction and a center turn lane) with bike lanes. The proposed cross-section includes two 11 -foot through lanes, one 12 -foot center turn lane and 5 -foot bike lanes. Because the existing and proposed cross-sections are the same width, the existing pavement can be reused, and no additional pavement is required. However, the Mormon Trek Boulevard project also includes the addition of a northbound right turn lane at the Benton Street intersection. As part of their Traffic Safety Improvement Program (TSIP), the Iowa Department of Transportation offers up to $500,000 per project in funding for projects that include roadway safety improvements. Financial Impact: The funding agreements include $500,000 each to be applied toward the conversions of First Avenue and Mormon Trek Boulevard from four -lane to three -lane roadways with bicycle lanes. Recommendation: Staff recommends approval of the funding agreements with the Iowa Department of Transportation at the July 27th City Council Meeting. Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 RESOLUTION NO 15-242 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT [2016 -TS -015] FOR THE CONVERSION OF MORMON TREK BOULEVARD FROM A FOUR -LANE TO A THREE -LANE ROADWAY. WHEREAS, the City of Iowa City, Iowa desires to convert Mormon Trek Boulevard (between Highway 1 and Melrose Avenue) from a four -lane roadway to a three -lane roadway with bicycle lanes; and WHEREAS, the City of Iowa City, Iowa has negotiated a funding agreement with the Iowa Department of Transportation for this project; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the conversion of Mormon Trek Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 27th day of July .1 20 15 ATTEST:-� - CITY CLERK App ved by R4 of Ci Attorney's Office It/Wa- It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 2015 Mormon Trek Conversion - IDOT Agreemenl.doc 7115 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Johnson Recipient Iowa City Project No. CS -TSF -3715(660)--85-52 Iowa DOT Agreement No. 2016 -TS -015 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City, Iowa, hereinafter designated the "Recipient'. The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program under Iowa Code Section 312.2(l 1), and the application was approved by Transportation Commission Order No. H-2015-30 on, January 13, 2015. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOTs contact person shall be the District 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be City Engineer, Jason Havel. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Iowa City: Conversion of a 4 -lane roadway to a 3 -lane roadway with center tum -lanes on Mormon Trek Boulevard between Iowa 1 and Melrose Avenue with the addition of right -tum lanes at Benton Street in Iowa City. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Funds: $500,000 b. The portion of the total project costs paid by Traffic Safety Funds shall not exceed the amount stated above or the actual cost of the Traffic Safety Improvement Program eligible items, whichever is the smaller amount. c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is approved by the Department. If a letting is not required, construction on the project shall begin within 2 years of the date of this agreement is approved by the Department. If neither condition is met, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. d. Project activities or costs eligible for TSIP funds include only the following: (a) road modernization, upgrading or reconstruction; (b) bridge and culvert modernization, replacement or removal; (c) road intersection and interchange improvement including channelization, traffic control devices or lighting; (d) right-of-way required for a traffic safety project; (e) drainage and erosion measures which are an integral part of the project; (f) traffic control devices required by the project; (g) guardrail; (h) tree removal; and (i) other construction activities directly related to or required by the safety project. e. Project activities or costs ineligible for TSIP funds include, but are not limited to, the following: (a) any and all costs incurred prior to commission approval of funding; (b) routine maintenance of a road, street, bridge, culvert or traffic control device; (c) safety-related activities associated with projects initiated for purposes other than traffic safety; (d) contract administration costs; (e) design and construction engineering and inspection; (f) utility construction, reconstruction, or adjustment except as an integral part of a project; (g) sidewalks, bicycle paths or railroad -highway crossings, except as an integral part of the project; and (h) expenditures for items not related to the roadway. f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with Traffic Safety Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non -Traffic Safety Improvement Program project. The Recipient shall comply with all requirements for the use of said funds. 3. Right of Way and Permits a. In the event that right-of-way is required for the project, said right-of-way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. If the project impacts the Primary Road System the Recipient shall submit preliminary right-of-way plans to the DOT's Office of Right of Way for review and approval prior to the commencement of any acquisition. Additionally, if said right-of-way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. b. The Recipient shall be responsible for obtaining any permits, such as the Work Within the Right -of - Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, and/or other construction permits required for the project prior to the start of construction. Neither the approval of the Traffic Safety application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. c. The Recipient shall certify to the DOT's contact person that all known environmental pernits have been received and that all environmental regulations have been complied with before Traffic Safety Funds are reimbursed or credited. 4. Project Design a. The Recipient shall develop all project improvements using good engineering judgment. The Recipient shall use the DOT "Design Manual" on projects involving the Primary Road System and/or routes located on the National Highway System. Projects not on the Primary Road system shall use "A Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of State Highway and Transportation Officials. In all cases the "The Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), as adopted pursuant to 761 Iowa Administrative Code, Chapter 130 shall apply. b. For projects which include the installation or modification of traffic signal systems, the following shall apply: L There will be a minimum of one mast -arm mounted signal head with back plate for each incoming through or left -tum lane. In addition there will be one signal head, side of pole mounted, on the far right side pole. All vehicle signal lenses shall be 12 -inch. The positioning of signal faces and the signal indications for left -tum movements shall be in accordance with current adopted MUTCD. ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects. iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within '/2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground line. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) prior to the project letting of each division. If the project will be let through the Iowa DOT, project development submittals shall follow Local Systems I.M. 3.005. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this agreement. d. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. e. The LPA shall be the contracting authority for the project. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. b. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. c. The Recipient shall maintain records, documents, and other evidence in support of work performed under the terms of this contract. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT or its designee at all reasonable times during the period of the contract and for three (3) years after the date of final payment. Reimbursement shall be based on eligible actual and indirect costs associated with performance of contract service work. The Recipient shall provide copies of said records and documents to the DOT upon request. d. The Recipient shall require its contractors to permit the DOT authorized representative to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. e. Upon project completion and prior to final reimbursement for the project, the Recipient shall furnish three sets of "as -built" plans for any portion of the project which is on or intersects any primary road or primary road extension to the DOT's contact person for future maintenance and road design purposes. f. If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, operation and energy costs of said installation or modification. g. The Recipient hereby certifies that, for a period of ten (10) years following completion of project and receipt of final payment from the DOT, there shall be no modifications in the geometric features, the construction features, or the access management features (including driveway design and location) of the project, nor shall there be any foxed objects or obstructions placed in any clear zone established in conjunction with this project without the prior written approval of the Office of Traffic and Safety. Failure to comply shall be considered a default under the terms of this agreement. 7. Payments and Reimbursements a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld, if any. c. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the terms of this agreement. Final reimbursement of Traffic Safety Funds shall be made only after the DOT accepts the project as complete. d. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. e. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of Traffic Safety Funds granted by this agreement through charges against the Recipient's road use tax funds. 8. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. To the extent allowed by law, this agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Tale II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. L This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. j. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2016 -TS -015 as of the date shown opposite its signature below. City of Iowa City, Iowa: By:Date July 27 , 20 15 Title: Mayor 1, Marian K. Karr —,certify that 1 am the Clerk of the City, and that Matthew J. Hayek , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 27th day of July '20 15 . Signed K . 4<a' Date July 27 , 20 15 City Clerk of Iowa City, Iowa Iowa Department of Transportation: By: Date , 20 Steve J. Gent Director, Office of Traffic and Safety CP W. m 'iguaiixed LterSectioos � } • u t f i Q • Y t •, g ` d 40 a � w � � } • u t f i Q • Y t •, g ` d EXHIBIT A-2 [Estimated Project Cost] TSIP grant: $500,000 GO Bonds: $248,431 Total project: $748,431 Mormon Trek Boulevard 3 -Lane Section Conversion NumberEstimated Descrgtgn Units Unit Price Extended Amount Quant I Mobilization LS 1 $10.000.00 510,00000 2 Traffic Control LS 1 S5,00000 SS,00000 3 Removals SY 500 $10.00 S5,000.00 4 PCC Sidewaly SY 2,200 S3500 $77,00000 5 PCC Pavement SY 200 555 00 511,000.00 5 Curb Ramp Removal/Replacement EACH 24 $750.00 518,000.00 7 Remove Pavement Markn¢s STA 150.89 S40.00 56,035.50 8 install Pavement Marking: STA 262.60 $4000 510,503.80 9 Install Painted Symbols EACH 47 $6000 52,820.00 10 Traffx Signal Replacement EACH 3 $150,000.00 5450,000.00 Il Storm Sewer Intake Removal/Replacement EACH 1 S7,50000 S7,500.00 Construction Subtotal 5602.859.30 Easements and ROW Acquisition LS 1 $25,00000 S25,000.00 Contingency 120f•1 5120,571 86 TOTAL S748,431.16 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firths and to utilize TSB firths as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's `positive efforts' shall include, but not be limited to: 1. Obtaining the names of qualified TSB firths from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: hftp://dia.iowa.gov/page7.htmi. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firths to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firths on each project, and identifying for TSB firths the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)' or a similar document developed by the Recipient. This contract provision is available on-line at: http:Uwww.dot.state. ia.usllocal_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firth will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification! This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? D YES D NO If no, explain 2. Were qualified TSB firms notified of project? D YES D NO If yes, by D letter, D telephone, D personal contact, or D other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB fines? D YES D NO If no, explain 4. Was a goal or percentage established for TSB participation? DYES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? D YES D NO If no, what action was taken by Recipient? Is documentation in files? D YES D NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB fines? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? D YES D NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB fines as participants in the State -assisted contracts associated with this project. Title Signature Date �,2 (,Z,) Prepared by: Chris O'Brien, Director of Transportation and Resource Management, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 15-243 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION AND RESOURCE MANAGEMENT DEPARTMENT AND THE AFSCME PAY PLAN BY ELIMINATING ONE SENIOR MW - LANDFILL POSITION AFSCME GRADE 12, AND ADDING ONE LANDFILL OPERATOR POSITION, AFSCME GRADE 9. WHEREAS, Resolution No. 15-77, adopted by the City Council on March 9, 2015, authorized budgeted positions in the Transportation and Resource Management Department for Fiscal Year 2016; and WHEREAS, Resolution No. 15-95, adopted by the City Council on April 7, 2015, established a classification/ compensation plan for AFSCME employees; and WHEREAS, the Transportation and Resource Management Department has a vacant Senior MW - Landfill position; and WHEREAS, after evaluating the vacant position it has been determined to be in the best interest of the Transportation and Resource Management Department and the City of Iowa City to amend the budgeted positions within the Transportation and Resource Management Department. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Transportation and Resource Management Department be amended by: 1. Deleting one Senior MW - Landfill position 2. Adding one Landfill Operator position The AFSCME pay plan be amended by: 1. Deleting the position of Senior MW - Landfill, grade 12. Passed and approved this 27th day of July 20 15 ATTEST: -K `muni CITY CLERK /-d� MAYOR Apved by 117 City Attorney's Office Resolution No. Page 2 15-243 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton r �� ` CITY OF IOWA CITY 3d(14 MEMORANDUM Date: July 22, 2015 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Transportation Services Budgeted Positions Introduction: At the July 27, 2015 City Council meeting, consideration will be given to a resolution deleting one Senior MW - Landfill position (AFSCME grade 12) and adding one Landfill Operator position (AFSCME grade 9). History/background: Beginning in July of 2015, Landfill operations transitioned to be part of the newly formed Transportation and Resource Management Department. This new department consists of operations for Transit, Parking, CBD Maintenance, Landfill, Recycling and Solid Waste collection. On June 30, the Senior MW — Landfill position became vacant through retirement. Discussion of Solution: The vacancy led to an evaluation of the position and the needs of the landfill. Through this evaluation, it was determined that at this time the position should be filled with a Landfill Operator position. This change will allow for cross training opportunities and flexibility in coverage while still requiring the necessary certifications expected of the landfill operators. Financial Impact: The financial impact of this change will result in an annual decrease to the Transportation and Resource Management budget of $6,500 — $9,000. Recommendation: It is the recommendation of the Transportation and Resource Management Department to pass the resolution deleting one Senior MW - Landfill position (AFSCME grade 12) and adding one Landfill Operator position (AFSCME grade 9). n"TrTr5"- 3d(15) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 15-244 RESOLUTION ACCEPTING THE DEDICATION OF AUDITOR'S PARCEL 2015037 AS PUBLIC RIGHT-OF-WAY ADJACENT TO 629 S. RIVERSIDE DRIVE, IOWA CITY, IOWA. WHEREAS, Riverview West, L.L.C. is in the process of redeveloping 629 S. Riverside Drive, and has entered into a redevelopment agreement with the City regarding that redevelopment; and WHEREAS, the subject property was rezoned in conjunction with this redevelopment, and WHEREAS, as a condition of the redevelopment agreement and the rezoning associated with this project, the developer was required to dedicate additional right-of- way to the City to facilitate improvements to the South Riverside Drive necessitated in part by this redevelopment; and WHEREAS, this resolution accepts the dedication of that right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced land for public right-of-way, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, and to record the same at Riverview West, L.L.C.'s expense. Passed and approved this 27th day of July 2015. I_.Ar� [AAM61 7��' ved by ATTEST: ���d c —) -e . "l al 4,0 � Ys CITY'CLERK City Attorney's Office Resolution No. 15-244 ]Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway X Dickens x Dobyns x Hayek x Mims g Payne x Throgmorton UITI'Ufola M44, WHEREAS, REvervi West, L.L.C. is in the prate of redeveloping 629 S. Riverside Drive, s ter into a redevelopment7in ent i the City regarding t redevelopment; n the s j ct r ert as rezoned conjunctionit this redevelopment, and ed elopment agreement,. rezoning �e was required to dedicate additional Riverside necessitated in o T. NOW, THEREFORE, BE IT RY-referenced VE® BY HE CITY COUNCIL OF THE CITY OF { CI , THAT: Acceptancecf t ovland rEc i -of -way, in far of conveyance proved the it orae ice, is herebyapproved and authorized. 2. Upon direction of th CityAttorney, the Mayor is a t o ize o sin and the City Clerk o attest any d allac e taion necessary effectuate t e acceptance of said e Ec tion, nd to record the same at Riverviewest, .C.'s expense. Passed andprove t isday of 2015, MAYOR Approved y W ATTEST,.... ,'" Rt �d ... .�.x,..� CITY C A o e°s ioe �;� qww ° mnww Prepa d by: sera GreenwoodFlekt®en, Asst. City Attorney, 410 E. vVashingt®n t., laws Cityii x`'1522R0, 3562`5 0 RESOLUTION NO. UITI'Ufola M44, WHEREAS, REvervi West, L.L.C. is in the prate of redeveloping 629 S. Riverside Drive, s ter into a redevelopment7in ent i the City regarding t redevelopment; n the s j ct r ert as rezoned conjunctionit this redevelopment, and ed elopment agreement,. rezoning �e was required to dedicate additional Riverside necessitated in o T. NOW, THEREFORE, BE IT RY-referenced VE® BY HE CITY COUNCIL OF THE CITY OF { CI , THAT: Acceptancecf t ovland rEc i -of -way, in far of conveyance proved the it orae ice, is herebyapproved and authorized. 2. Upon direction of th CityAttorney, the Mayor is a t o ize o sin and the City Clerk o attest any d allac e taion necessary effectuate t e acceptance of said e Ec tion, nd to record the same at Riverviewest, .C.'s expense. Passed andprove t isday of 2015, MAYOR Approved y W ATTEST,.... ,'" Rt �d ... .�.x,..� CITY C A o e°s ioe �;� Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 15-245 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2016 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., August 18, 2015, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2016 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 27th day of July 2015 . App�rovled_ by ATTEST: (✓ -` (� p l/� ~/- J % - / J� CITY CLERK City Attorney's Office It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF IOWA CITY MEMORANDUM -=` Date: July 20, 2015 To: Tom Markus, City Manager From: Dennis Bockenstedt, Director of Finance Re: Budget Amendment #1 for FY2015-2016 Introduction The Department of Finance requests the City Council set a public hearing for consideration of amending the FY2016 operating budget. History/Background The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. This may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement program changes. Increased expenditures must utilize available fund balance or additional revenue sources as the State does not allow amendments to increase property taxes. Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. Requests to carry appropriations over from one year to the next are also submitted and approved in the same manner. A formal recommendation for a budget amendment is then prepared for City Council approval. Discussion of Solutions This amendment increases overall revenues and transfers -in by $10,140,514, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-15). The majority of the revenue being amended is intergovernmental revenues. Intergovernmental revenues (line 9) are being increased by $6,971,896, which primarily represents State and Federal grants on capital projects that are being carried forward from the prior year. Other Financing Sources (line 13) are being amended by $2,415,832. Of this amount, $2,400,000 represents the estimated sale of 12 UniverCity homes that were not sold prior to June 30. Lastly, transfers in (line 14) are being amended by $450,000 for transfers that will fund capital projects for landscaping in street right-of-ways and the landfill hazardous water storage unit. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $31,854,313. The majority of the increase in appropriations is related to the timing of governmental capital improvement projects (line 23) and total $17,732,504. The next largest expenditure item being increased is Business Type/Enterprise expenditures (line 24) by a total of $10,319,899. The increase in this program primarily reflects the cant' forward of utility fund capital improvement projects. The third largest program being amended is for Transfers Out (line 27). This program is being increased by $450,000 and reflects the funding for capital projects for landscaping in street right-of-ways and the landfill hazardous water storage unit. The net budgeted result to cash balances is a reduction of $21,713,799 (line 29). This reduction will be covered through excess cash balances and bond funds and will not affect property tax revenues or levies. A list of the individual amendments is attached to this memo. Recommendation The Notice of Public Hearing for the fiscal year ending June 30, 2016 budget amendment is attached to this memo along with the detailed amendment list. The Notice lists August 18, 2015 as the public hearing date for the proposed amendment. It is recommended that the City Council set the public hearing as listed and approve publication of the notice as required by law. u..kr NOTICE OF PUBLIC HEARING F— 11i AMENDMENT OF CURRENT CITY BUDGET The City Council of Iowa City in JOHNSON County, Iowa will meet at City Hall 410E Washington Street at 7:00pm on August 18, 2015 racers m.kn ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2016 rw.n by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity, Explanation of increases or decreases in revenue estimates, appropriations, or available cash Capital Project appropriations carried forward from prior year $17,732,504;UniverClty program carded forward $2,768,092; Enterprise fund capital projects and appropriations carried forward from prior years $10,290,386 including a bus purchase of $370,888; Library meeting room AV equipment carried forward for $130,000; Moves the CBD Horticulture Operations to Park Maintenance $192,911 (nets to $0 overall); additional detail is available in the City Clerk's Office There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Marian Karr, City Clerk City CleW Finance Drinker Na" Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues &Other Financing Sources Taxes Levied on Property 1 52,033,986 0 52,033,986 Less: UnrcilecterelPropertyTaxes-Levy, Year 2 0 Net Current Property Taxes 3 52,033,986 0 52,033,986 Delinquent Prt,earty, Taxes 4 0 0 0 TIF Revenues 5 1,020,126 0 1 020,126 Other City Taxes 6 2,788,289 0 2,786,289 Licenses a Permits 7 1,515,312 0 1515,312 use of Money and Property a 1,935,478 0 1,935,478 Indergovernirrerrit.1 9 30,466,252 6,971,896 37,438,148 Charges for Services 10 43,444,413 58,755 43,513 168 Special Assessments 11 979 0 979 Miscellaneous 12 2,845,586 234,031 3079,617 Other Finarci Sources 13 13,876,218 2415,832 16,292,050 Transfers In 14 52,631,247 450,000 53,081,247 Total Revanuesard Other sources 15 202,555,886 10,140,514 212,696,400 Expenditures & Other Financino Uses Public Safety 16 22,668 141 100 903 22,769,044 Publie Works 17 7,815,170 78642 7,893,812 Health and Social Semms is 283,833 20,000 303,833 Cuffure and Recreation 19 13,332,011 460,76 13,792,780 Commundy and Ewnemic Development 20 6,486,418 2,698,831 9,185,249 General Government 21 8834,822 -11,635 8,823,187 Debt Service 221 13207,838 4,400 13,212,238 Capital Pro' 23 36,301,340 17,732,504 54,033,844 Total Government Aerhyries Expenditures 24 108,929.573 21,084414 130,013,987 BusinessTpe r Enterprises 25 49057,825 10,319,899 59,377,724 Total Gov Aedvides & Business Exisenditures 26 157,987,398 31.404.3131 189,391 711 Transfers Out 27 52,631,247 450000 53,081,247 Total ExpendhuniafTrinafera Out 2e 210,618,645 31,854313 242472,958 Exosu Revenues A Other Sourcae Over (Under) Expare itareartranafers Out Fiscal Year 29 -8,062,759 -21,713 799 29,776,558 e nei Fund Salanw Jul 1 3g 136,906,796 0 136,906,796 EndingFund Balance June W 3t 128,844,037 -21,713,799 107,130,238 Explanation of increases or decreases in revenue estimates, appropriations, or available cash Capital Project appropriations carried forward from prior year $17,732,504;UniverClty program carded forward $2,768,092; Enterprise fund capital projects and appropriations carried forward from prior years $10,290,386 including a bus purchase of $370,888; Library meeting room AV equipment carried forward for $130,000; Moves the CBD Horticulture Operations to Park Maintenance $192,911 (nets to $0 overall); additional detail is available in the City Clerk's Office There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Marian Karr, City Clerk City CleW Finance Drinker Na" 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on August 18, 2015 ,at the place and hour sat in the notice, a copy of which accompanies this certl8cale and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendments) to the budget and modifications proposed at the hearing, N any. thereupon, the following resolution was introduced. RESOLUTION No. A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE M 2016 (AS AMENDED LAST ON .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published August 6, 2015 and the public hearing held, August 18, 2015 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Passed this day of rave (uo.+wv..9 Sig mb" City ClwklFin Officer Stores" Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues 8 Other Financing Sources Tame Levied on P ity 1 52,033,986 ,._ 77777 77777= 0 52,033,986 Lasa: Uncollected Property TaxwLevy Yew 2 O 0 0 Net Cuff's Property Tawas 3 52,033,986 0 52,033,986 Delinquent Property Taxes 4 0 0 0 TIF Renames 5 1,020,126 0 1,020,126 Other Cfty Taxes 6 2,786,289 0 2,786,289 Licenses B Permits 7 1,515,312 0 1,515.312 Use of Money and Property 8 1,935,478 0 1,935,478 Intergovernmental 9 30,466,252 6,971,896 37,438,148 Che eefar Senscas 10 43,444.413 68,755 43,513,168 Spaced Anassmants 11 979 0 979 Miscellaneous 12 2,645,586 234,031 3.079,617 Other Financing souross 13 13,876,218 2,415,832 16,292,050 Trarvaers In 14 52 631,247 450,000 53,081,247 Total Revenwe and Other Sources 15 202,655,886 10,140,514 212,696,400 Expenditures & Other Financing Ossa PuhNc seta 16. -22,668,141 100903 22,769044 Public Works 17 7,815170 78,642 7,893,812 Health and social services, 18 283,833 20,000 303.8 Culture and RacniaMn 19 13,332,011 460,769 13,792,780 Commmily and Economic Development 20 6,486,418 2,698,831 9,185,249 General Gavanment 21 8,834,822 -11,635 8,823,187 Oebt SaMco 22 13,207,838 4,400 13,212238 Capital Projects 23 36,301,340 17,732 504 54,033,844 Total Government Activities Expendibires 24 108,929,573 21,084,414 130,013,987 Business; Type / EnW~ 25 49,057,825 10,319,899 59,377,724 7ZI Gov Activlen A. Business Expenditures 26 157,987,398 31,404,313 189,391,711 Tremters Out 27 52,631,247 450,000 53,081,247 Total ExpenditureeRvenelters Out 28 210,618,645 31,854,313 242,472,958 Excess Revenues & Other Sources Over (under) Expeneitursrfverafers Out Flecal Yew 29 -8,062,75929,776,558 ;5; innin Funs, eelerim Ju t 30 136,906,79636,908,798 Ending Fund Sales" June 30 31 128844037 107130238 Passed this day of rave (uo.+wv..9 Sig mb" City ClwklFin Officer Stores" Mayor Fiscal Year 2016 Budget Amendment#1 Revenues & Other Flnancina Sources Intergovernmental Revenue: Burlington & Clinton Intersection Mormon Trek - Right Turn Ln at Benton First Avenue RR Underpass Dubuque St/1-80 Pedestrian Bridge Runway 12-30 Obstruction Mitigation Airport Master Plan Animal Shelter Building -FEMA Animal Shelter Building -State Iowa River Trail -Rocky Shore to Normandy Moss Road Construction North T -Hangar ElectricaVLED Lighting Fuel Storage System Rehabilitation Charges for Services: Administrative Services Miscellaneous Revenue: Library Meeting room equipment Parks Annual Improvements Mercer Park Playground Tower Court Park Renovation Dubuque St/1-80 Pedestrian Bridge Other Financing Sources: Squad car replacement Sell 12 UniverCity homes $ 200,000 $ 500,000 $ 2,423,000 $ 1,720,000 $ 495,061 $ 102,770 $ 651,952 $ 86,927 $ 200,000 $ 509,550 $ 39,103 $ 43,533 $ 6,971,895.65 $ 68,755.00 $ 68,755.00 $ 80,000.00 $ 7,000 $ 64,855 $ 73,334 $ 8,842 $ 234,031.00 $ 15,832.00 $ 2,400,000.00 $ 2,415,832.00 Transfers In: Lower Muscatine Rd Landscaping $ 100,000 S. Sycamore Landscaping $ 100,000 S. Sycamore Landscaping $ 100,000 Landfill Hazardous Water Storage Unit $ 150,000 $ 450,000.00 Total Revenues & Other Financing Sources Expenditures & Other Financing Uses Public Safety: Ammunition Radio switchover Squad car replacement Body cameras MDC for command vehicle MDC installation Safety clothing Public Works: Public Works staff reorganization Health & Social Services Temporary Homeless Shelter donation Culture & Recreation: Outsource Farmers Markel Govt Buildings Custodian to Recreation Fence repairs CBD Horticulture to Park Maintenance Library Meeting room equipment Library Meeting room equipment Senior Center Kitchen design plans Senior Center AV upgrades $ 10,140,513.65 $ 11,520.00 $ 6,000.00 $ 15,832.00 $ 38,012.00 $ 7,500.00 $ ' 7,789.00 $ 14,250.00 $ 78,642.00 $ $ 20,000.00 $ $ 28,425.00 $ 59,835.00 $ 14,000.00 $ 192,910.61 $ 80,000.00 $ 50,000.00 $ 15,000.00 $ 20,598.00 $ 1 100,903.00 78,642.00 20,000.00 460,768.61 Community & Economic Development: CBD Horticulture to Park Maintenance Participation in IISC Partnership Improve 7 UniverCity homes Sell 12 UniverCity homes Riverside Theatre funding Creative Corridor Branding Fapade improvement program General Government: $ (192,910.61) $ 15,000.00 $ 368,092.00 $ 2,400,000.00 $ 20,000.00 $ 10,000.00 $ 78,650.00 $ 2,698,831.39 Intern $ 15,000.00 Govt Buildings Custodian to Recreation $ (59,835.00) GARE contribution $ 15,000.00 Paint basement walls $ 7,800.00 Air conditioning equipment $ 10,400.00 $ (11,635.00) Debt Service: Paying agent services $ 4,400.00 $ 4,400.00 Capital Projects: City Hall NDS Remodel $ 300,449 City Hall Projects $ 190,659 City Hall Lobby Remodel $ 284,759 Dispatch Software Upgrade $ 99,970 JAG'13 $ 13,877 Animal Shelter Building $ 869,269 Fire Station #3 Kitchen Remodel $ 35,080 Youth Sports Complex Study $ 50,000 Elementary School Rec Facility $ 750,000 Sustainable Roadway Vegetation Prgm $ 25,000 City Park Master Plan $ 37,548 Parks Annual Improvements $ 67,675 Lower City Park Emergency Access Rd. $ 210,614 Mercer Park Playground $ 214,855 Emerald Ash Borer Response Plan $ 75,000 Tower Court Park Renovation $ 40,272 Willow CreeklKiwanis Park Improvements $ 344,856 Mercer Tennis Court Resurfacing $ 70,000 Terry Truelbood Recreation Area $ 143,896 Normandy Drive Restoration $ 90,042 Iowa River Trail -Rocky Shore to Normandy $ 200,000 Intra -City Bike Trails $ 77,245 Riverfront Crossings Development $ 252,700 Towncrest Area Redevelopment $ 155,847 Project Dox software $ 124,525 Public Works Facility Projects $ 310,000 Riverside Dr. Pedestrian Tunnel $ 79,257 Idyllwild Storm Water Drainage $ 48,927 Riverside Dr. Streetscape Improvements $ 75,000 Lower Muscatine Rd Landscaping $ 100,000 S. Sycamore Landscaping $ 100,000 S. Sycamore Landscaping $ 100,000 Public Works Facility Projects $ 243,357 Vehicle Wash System $ 25,839 CBD Streetscape $ 870,113 Moss Road Construction $ 509,550 Harrison Street Reconstruction $ 487,766 Annual Pavement Rehabilitation $ 939,334 Burlington & Madison Intersection $ 100,000 Burlington & Clinton Intersection $ 777,880 Mormon Trek - Right Turn Ln at Benton $ 500,000 First Avenue RR Underpass $ 4,951,951 Sycamore Street Reconstruction $ 815,803 Dubuque St/1-8D Pedestrian Bridge $ 1,836,290 Sidewalk Infill Program $ 87,299 LED Stree0ight Replacement $ 50,000 $ 17,732,504.00 Business \ Enterprise Funds: Administrative Services $ 38,686.00 Attorney Services $ 37,000.00 Public Works staff reorganization $ (78,642.00) Parking meters $ 23,250.00 Light duty buses $ 370,888.00 Parking Facility Restoration $ 475,707 Transit Bus Shelter Replacement $ 50,107 Transit Bus Camera Replacement $ 108,157 Administrative Services $ 7,129.00 Paying agent services $ 400.00 Paying agent services $ 400.00 Paying agent services $ 400.00 Sludge Biosolid Dewatering Equipment $ 200,000 Generator Relocation/Upgrade $ 74,727 Annual Sewer Main Replacement $ 500,000 Sludge Biosolid Dewatering Equipment $ 1,200,000 N. WWTF Demolition $ 2,953,716 Generator RelocetionlUpgrade $ 1,050,000 WW Clarifier Repairs $ 150,000 Plant Control Systems study $ 15,000.00 ASR project study $ 15,000.00 Administrative Services $ (24,172.00) Velocity meter $ 5,900.00 SCADA software licenses $ 9,200.00 Granular activated carbon fitter $ 87,000.00 Service contract -particle counters $ 5,600.00 SCADA & security monitors $ 5,000.00 Paying agent services $ 400.00 Paying agent services $ 400.00 Paying agent services $ 400.00 Ground Storage Reservoir VFD $ 65,234 Slothower- Melrose Water Main $ 191,564 Wade Street Water Main $ 178,494 Washington Street Water Main $ 75,000 SCADA File Server Replacement $ 64,400 Utility Billing Software Upgrade $ 161,096 Administrative Services $ 38,686.00 Administrative Services $ (34,350.00) Hebl Road Improvements $ 820,599 Landfill Gas System Flare Replacement $ 444,869 Landfill Hazardous Water Storage Unit $ 204,432 Airport Master Plan $ 114,189 Runway 12-30 Obstruction Mitigation $ 550,068 North T -Hangar Electrical/LED Lighting $ 58,999 Fuel Storage System Rehabilitation $ 62,190 Administrative Services $ 42,776.00 $ 10,319,899.00 Transfers Out: Street Landscaping Projects $ 300,000 Landfill Hazardous Water Storage Unit $ 150,000 $ 450,000.00 Total Expenditures I Transfers Out $ 31,854,313.00 Excess Revenues & Other Financing Sources Over I (Under) Expenditures I Transfers Out $ (21,713,799.35) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 15-246 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PCC PAVEMENT REHABILITATION PROJECT 2015, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # S3824. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 2:30 pm on the 13th day of August, 2015. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of August, 2015, or at a later date and/or time as determined by the Director of Public Works or designee. Passed and approved this 27th day of July , 2015. ATTEST: City CTOrk Mayor Approved by: City Attorney's Office Resolution No. Page 2 15-246 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: DAYS: - - - - ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-247 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 917 NORTH DODGE STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 917 North Dodge Street, Iowa City; and WHEREAS, the City has received an offer to purchase 917 North Dodge Street for the principal sum of $135,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $17,125, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on June 16, 2015, the City Council adopted a Resolution proposing to convey its interest in 917 North Dodge Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 917 North Dodge Street, legally described as part of Lot 33 in the Subdivision of the SE'/ of Section 3, Township 79N, Range 6W, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 15-247 Page 2 It was moved by Botchway and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this Approved by City Attorney's Office NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 27th day of July , 2015. rX4-'C-A MAYOR ATTEST: Dbai CITY CEERK Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 15-248 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1111 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1111 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1111 East Burlington Street for the principal sum of $199,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on July 15, 2015, the City Council adopted a Resolution proposing to convey its interest in 1111 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1111 East Burlington Street, legally described as Lot 13 of Subdivision of Oakes' Addition No. 1, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 15-248 Page 2 It was moved by nobynS and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 27th day of Approved by A-4-�-cr City Attorney's Office ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton July ,2015. ATTEST: / `'(ltgrge e • `A/ox44 CITY CEERK a Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 15-249 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 318 SOUTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 318 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 318 South Lucas Street for the principal sum of $135,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on July 15, 2015, the City Council adopted a Resolution proposing to convey its interest in 318 South Lucas Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 318 South Lucas Street, legally described as Lot 5 of J.C. Watkins Survey of the North 200 feet of the West 120 feet of Outlot 29, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 15-249 Page 2 It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway the Resolution be x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 27th day of July , 2015. ATTEST: /d"/lzit e. CITY'CLERK Approved by City Attorney's Office N Prepared by: Eleanor Dilkes, City Attorney, 410 E Washington St Iowa City IA 52240 356-5248 RESOLUTION NO. 15-250 RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT, INCLUDING THE TRANSFER OF LAND, BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CASL HOLDINGS, LLC. WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of certain areas in the City and has undertaken an economic development area in the City; and WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City -University Project I Urban Renewal Plan (Project No. IA R-14), which plan has been modified and amended from time to time (said plan, as amended, is hereinafter referred to as the "Urban Renewal Plan" or "Plan"); and WHEREAS, such Urban Renewal Plan permits the City to respond to development opportunities as and when they may appear; and WHEREAS, CASL Holdings, L.L.C. responded to the City's request for proposals for development of certain City -owned land located at the southwest corner of the intersection of Court and Linn Streets, with a proposal for an approximately $74,000,000 mixed-use project consisting of 2 buildings housing Class A office space, retail and apartments, together with related site improvements; making a contribution to the City for affordable housing in the amount of $1 million; and dedicating 10% of the residential units to affordable housing, all designed and constructed to LEED Gold standards, and a hotel constructed to at least LEED Silver standards, as detailed in the proposed Agreement; and WHEREAS, in exchange for construction of the Minimum Improvements, the City proposes to convey land to the Developer for the fair market value of $5,500,000 and a $1 million contribution to affordable housing, subject to the use limitations, restrictions, covenants, conditions and obligations assumed by the Redeveloper pursuant to the proposed Agreement; and WHEREAS, on June 16, 2015, this Council did approve a resolution of intent to consider a proposed development agreement with CASL Holdings, LLC, which includes the transfer of land described therein, and setting a public hearing and providing for the publication of notice thereof; and WHEREAS, notice of the public hearing thereon was published on July 14, 2015, in the Iowa City Press -Citizen, and public hearing held on July 27, 2015 in accordance with said notice and in satisfaction of Section 364.6 of the City Code of Iowa; and WHEREAS, while said resolution of intent and notice of public hearing included within the description of the property to be conveyed "a tract of vacated Harrison Street in the Page 2 approximate size of 150 feet by 400 feet", it has been determined that the tract to be conveyed once vacated is included within said description but smaller in size and more accurately described as: "the vacated eastern 150 -feet of the 80 -foot wide Harrison Street Right -of -Way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa"; and WHEREAS, the City is willing to convey the Property to the Developer at fair market value; and WHEREAS, the minimum actual value contained in the minimum assessment agreement required by the Agreement indicates that there will be sufficient taxable valuations to permit the collection of incremental taxes to cause the costs incurred by the City with respect to the property to be repayable as to principal within four years following the commencement of full operation of the development; and, WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development and blight remediation activities and objectives of the City within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA: - - - - That the attached Agreement for Private Redevelopment by and between the City of Iowa City Iowa and CASL Holdings, LLC is in the public interest of the residents of Iowa City, which Agreement includes the conveyance of the following real estate by the City to CASL Holdings, LLC: Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street Right -of -Way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa. 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan, all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403 and the City's policies and practices; and 3. That the Mayor is authorized and directed to execute the Agreement and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. 4. That the Mayor and City Clerk be and they are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein, including the execution of any documents necessary to effectuate the transfer of land to the Developer in accordance Page 3 with the terms of the Agreement for Private Redevelopment and in a form approved by the City Attorney. 5. That the City Clerk is directed to certify and record the resolution at the Developer's expense. 6. That the City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this 27th day of July , 2015. ATTEST: CITY"CLERK Ap roved by City Attorney's Office Resolution No. 15-250 Page 4 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, and CASL HOLDINGS, LLC EXECUTION VERSION EXHIBITS TO AGREEMENT Exhibit A Map of Urban Renewal Area Exhibit B Legal Description of Urban Renewal Area Exhibit C Legal Description of Redevelopment Property Exhibit D Minimum Improvements and Uses Exhibit D -I Project Designs and Plans Exhibit E Minimum Assessment Agreement Exhibit F Warranty Deed Exhibit G Certificate of Completion Exhibit H RESERVED Exhibit I RESERVED Exhibit J Memorandum of Agreement for Private Redevelopment Exhibit K Opinion of Counsel EXECUTION VERSION INTRODUCTION THIS AGREEMENT FOR PRIVATE REDEVELOPMENT is by and between the City of Iowa City, Iowa ("City"), a municipality, established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Iowa Code Chapter 15A and 403 (2015), as amended, ("Urban Renewal Act") and CASL Holdings, LLC. ("Redeveloper'l, a limited liability company organized under the laws of the State of Delaware with a Certificate of Authority to transact business in the State of Iowa, and having a registered office in Iowa c/o CSC, 505 5'b Avenue, Suite 729, Des Moines, IA 50309 and a primary office for the transaction of business at 161 N. Clark St. Suite 4900, Chicago, Illinois 60601. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City and the Redeveloper for the redevelopment of the property in Iowa City generally located on the half block bounded by Court Street on the North, Linn Street on the East, Harrison Street (vacated) on the South and a North/South alley on the West in Iowa City, Iowa, legally described in Exhibit D hereto, an urban renewal parcel. WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of certain areas in the City and has undertaken an economic development area in the City; and WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City -University Project I Urban Renewal Plan (Project No. IA R-14), which plan has been modified and amended from time to time (said plan, as amended, is hereinafter referred to as the "Urban Renewal Plan" or "Plan"); and WHEREAS, the Plan was adopted for the urban renewal area shown on Exhibit A and legally described on Exhibit B ("Project Area"); and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of this Agreement has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, such Urban Renewal Plan permits the City to respond to development opportunities as and when they may appear; and WHEREAS, the Redeveloper responded to the City's request for proposals for development of the Project Area with a proposal for a mix of residential, commercial and hotel uses to be tentatively known as The Rise at Riverfront Crossings (hereinafter, "the Project"); and WHEREAS, the City has determined the Project, as further described in Exhibit C "Minimum Improvements and Uses", on property legally described on Exhibit D hereto (hereinafter "the Property" or the "Redevelopment Property"), is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws, including but not limited to Iowa Code Chapters 15A and 403; and EXECUTION VERSION 3 WHEREAS, the Redeveloper is willing to develop or cause the Property to be developed for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with this Agreement by constructing the Project and incorporating the uses outlined in this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: PART I Section 1. Construction and Uses. (a) Minimum Improvements. The Redeveloper's construction on the Redevelopment Property will consist of a mixed-use structure described more fully on Exhibit D attached hereto and incorporated herein by reference ("Minimum Improvements' }. The Redeveloper hereby commits to a project that includes an approximate total of $74,000,000 in construction costs. (b) Affordable Housing. Developer agrees to rent 10% of the residential units as one -bedroom units at rates equal to or less than the HOME Fair Market Rent established annually by HUD for households under 800/6 of area median income as defined below. Rental applications for these units shall include the applicant's household income and household size and Developer shall verify that the units are occupied by households with incomes at or less than 800/o of median family income as calculated under the HUD Part 5 Annual Income definition for that household (24 CFR 5.609). Said units shall be leased by such incom"ualified tenants as described above for an average of 11 months per calendar year. (Currently, 800/6 of the HUD -established Area Median Income is $44,550 for a 1 -person household and $50,900 for a 2 - person household and the HOME Fair Market Rent is $668 per month for a 1 bedroom). If the HOME Fair Market Rent is adjusted by HUD during the rental term (typically one year) for the reduced rent unit, the rent need not be changed for the duration of the current lease. If at any time HUD adjusts the fair market rents lower than the rents identified in this Agreement, the Developer is not required to decrease the rent below the rents identified in this Agreement. The units need not be "fixed", but rather, can be "floating" such that at any one time during at least 11 months of every year there are income -eligible tenants occupying 10% of the residential units. The Developer shall submit annually to the City an annual tenant housing report which, at a minimum, includes statistics relating to the households being assisted by unit, household size, income, lease dates and rents. Income documentation must be, attached to the report for the assisted households. Said affordable units shall not be segregated from the remaining units. However, income eligible tenants may opt to live in, and shall get first preference for, floor(s) reserved for "quiet housing". "Quiet housing" is defined as a reserved section of the building (such as a floor) where the residents agree to be respectful of noise and establish quiet hours. In addition to providing affordable housing on site, Redeveloper shall make a contribution to the City for affordable housing in the amount of $1,000,000. Said contribution shall be made at the closing of the sale of the Property as set forth in Section 3 of this Agreement. The purposes for which said contribution are spent shall be determined solely by City. EXECUTION VERSION 4 Section 2. Representations and Warranties of Redeveloper. The Redeveloper makes the following representations and warranties: (a) The Redeveloper is a limited liability company, duly organized under the laws of the State of Delaware, has a Certificate of Authority to transact business in the State of Iowa, and has power to enter into this Agreement and to perform its obligations hereunder, and is not in violation of any provisions of its articles of organization, operating agreement, any other agreement or the laws of the State of Iowa. (b) The Redeveloper has the full power and authority to execute this Agreement and this Agreement shall constitute the legal, valid and binding obligation of the Redeveloper in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by the Redeveloper or the consummation of the transaction contemplated hereby. (c) The making and performance of this Agreement by the Redeveloper and the execution and delivery of the documents to be delivered by the Redeveloper pursuant hereto, have been duly authorized by all necessary action of the Redeveloper, and this Agreement and such documents will be valid and binding obligations of the Redeveloper enforceable in accordance with their terms. (d) The Redeveloper will cause the Minimum Improvements to be constructed, operated and maintained in accordance with the terms of this Agreement, the Urban Renewal Plan, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for minor variances necessary to construct the Minimum Improvements contained in any Construction Plans (as defined in Section 301 hereof) approved by the City. (e) The Redeveloper will use commercially reasonable efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The Redeveloper's Architect will work with the City's staff Design Review Committee on the final designs of the project. The Design Review Committee will ultimately approve or disapprove the exterior design of the building. This agreement is contingent on the Redeveloper's Architect and the City's staff' Design Review Committee reaching agreement on the exterior design of the building. If the final exterior design substantially deviates from the concept plan shown in Exhibit D-1, it shall be subject to approval by Council. (f) The Redeveloper will use commercially reasonable efforts to obtain, or cause to be obtained, permission from the United States Federal Aviation Administration (FAA) to construct the Minimum Improvements, which shall be a condition precedent to the City's conveyance of the property to Developer and to the Developer's obligation to acquire the property from Developer and develop the property as set forth herein. EXECUTION VERSION (g) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. (h) The Redeveloper will spend enough in construction of the Minimum Improvements, when combined with the value of the Property and related site improvements, to equal or exceed the Assessor's Minimum Actual Value set forth in Section 7 of this Agreement. The Redeveloper estimates that the Assessor's Minimum Actual Value set forth in Section 7 of this Agreement is a reasonable estimate of the actual value for ad valorem tax purposes. (i) The Redeveloper shall proceed with due diligence to obtain construction financing commitments, which commitments shall be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. Receipt of all financing commitments necessary for the construction of the Minimum Improvements shall be a condition to closing on the sale of the Property from City to Redeveloper. (j) The Redeveloper will cooperate fully with the City in resolution of any traffic, parking, trash removal, public safety or any other problems which may arise in connection with the construction and operation of the Minimum Improvements. The Redeveloper shall submit a written construction management plan to the Director of Public Works for his approval. The Redeveloper will coordinate staging for construction of the Minimum Improvements with the Public Works Director. In the event closure of City streets, crane over -swing easements, or other easements or licenses on City property are necessary or commercially reasonable for construction, the Redeveloper shall obtain such property rights from the City and the City shall reasonably cooperate with the Redeveloper to provide the same. Section 3. Conveyance of Property from City to Redeveloper. a. Purchase Price. Subject to the terms, covenants, and conditions of this Redevelopment Agreement, the City will sell the Property described on Exhibit C hereto to Redeveloper for, and the Redeveloper will purchase from the City and pay therefor the amount of $5,500,000 ("Purchase Price") together with all City's right, title and interest in all buildings and improvements, if any, located on the described real estate, and under any easement and servitudes for the benefit of Redeveloper, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the "permitted exceptions", as defined below. Thereafter, Redeveloper agrees to complete the Minimum Improvements and receive a certificate of completion from City as set forth in Section 306 of this Agreement on or before August 31, 2018, or as extended pursuant to the terms hereof. The Redeveloper shall cause the City to be a dual obligee on any payment and performance bond provided to any lender of Redeveloper solely for completion of the Minimum Improvements. If no such payment and performance bond is required by Redeveloper's lender or otherwise obtained by Redeveloper , and if Redeveloper fails to complete the construction of the Minimum Improvements and receive a certificate of completion EXECUTION VERSION therefore in accordance with the requirements of this section, then City, its heirs and assigns, shall, following Redeveloper's failure to cure such failure to construct the Minimum Improvements and receive a certificate of completion within 180days after written notice thereof, have the right to re-enter the premises at its option and, upon exercise of such re-entry, all right, title and interest of grantee in the above-described premises shall cease and revert immediately to City, its heirs and assigns. If the City is an obligee under a payment and performance bond, the right of reversion shall not apply. The Property shall be conveyed with good, clear, merchantable title, subject to the following "permitted exceptions": 1. Zoning and building laws and ordinances; 2. Covenants, restrictions, reservations and easements of record approved by Redeveloper; and 3. Restrictions imposed by this Agreement. Said Purchase Price shall be payable as follows: $250,000 (the "Earnest Money") upon the signing of this Agreement with the balance payable in full at the time of closing and transfer of possession. b. Form of Deed/Right of Reversion. The City shall convey to the Redeveloper title to the Property by Warranty Deed ("Deed') subject to a right of reversion in City solely as set forth in Section 3(a) hereof in the event construction of the Minimum Improvements and recording of a certificate of completion pursuant to Section 306 of this Agreement does not occur on or before August 31, 2018, in the form attached hereto as Exhibit F. Such conveyance and title shall be, in addition to all conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, subject to all conditions, covenants and restrictions set forth in the Urban Renewal Plan. The parties agree that said right of reversion as set forth in Section 3(a) hereof City is for the purpose of providing security for the performance of the Redeveloper's obligations to construct the Minimum Improvements and that said right of reversion shall be extinguished upon the recording of a Certificate of Completion pursuant to Section 306 of this Agreement. c. Recordation of Deed. The Redeveloper shall promptly file the Deed for recordation among the land records in the office of the Johnson County, Iowa Recorder. The Redeveloper shall pay all costs for so recording the Deed and Memorandum of this Agreement as shown in Exhibit J attached hereto. d. Abstract of Title. The City, at its expense, shall provide an Abstract of Title on the subject property continued through the date of this Agreement, for examination by the Redeveloper. The City shall deliver said Abstract to Redeveloper within 30 calendar days of the date of this Agreement, after which the Redeveloper shall have 30 calendar days to examine same and issue a EXECUTION VERSION preliminary title opinion. The Abstract shall become the property of the Redeveloper at the time of delivery of the Deed for the parcel, and such Abstract shall show good and merchantable title in the City in conformity with this Agreement, Iowa law and the title standards of the Iowa State Bar Association, and shall show title free and clear of all taxes, encumbrances, easements, covenants, reservations and restrictions, except as otherwise agreed to herein, which shall be subject to approval of Redeveloper after examination of the abstract of title and review of the specific terms of any easements and restrictions, including, but not limited to, zoning ordinances, existing easements, restrictions or reservations, including, but not limited to, those established by the Urban Renewal Plan. After examination of the Abstract, the Abstract shall be held by the City until delivery of the Deed to the Redeveloper for the subject parcel. Redeveloper, at its sole cost and expense, may obtain an owner's and/or lender's title insurance policy, and the City shall reasonably cooperate with Redeveloper as may be necessary to obtain such title insurance policy. e. Condition of the property. Redeveloper is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from City regarding the condition of the property or improvements thereon. Any demolition of structures currently existing on the premises shall be the responsibility of Redeveloper, but the City shall reimburse Redeveloper for fifty percent (501/6) of the cost thereof. Prior to Closing, the Redeveloper, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to closing. The City hereby grants the Redeveloper, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Agreement for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any structural, mechanical, plumbing, electrical, or environmental hazards, including hazardous materials, substances, conditions, or waste. Redeveloper may notify City in writing of any such hazards. Failure to do so shall be deemed a waiver of Redeveloper's inspection rights. Redeveloper shall indemnify and hold harmless City from and against any and all expenses, claims, or losses arising from or in connection with any activities of Redeveloper, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. In the event of any claim or demand by Redeveloper to cure a hazardous condition discovered as a result of inspections, City shall declare and commence one of the following options: (a) curing the hazardous condition, (b) amending this agreement by giving Redeveloper a credit for the cost of curing the deficiency, or (c) canceling this agreement. If, prior to the Closing Date, City does not promptly cure all such hazardous deficiencies in a manner mutually agreeable to the Redeveloper and City, then Redeveloper may declare this agreement null and void. f. Insurance. City shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. g. Taxes. As City owned property the property is exempt from real estate taxes, and therefore, no tax proration at closing is necessary. h. Time and Place for Closing and Delivery of Deed. If the conditions precedent to closing set forth in Section 6 have been satisfied, the City shall deliver the Deed and possession of the Development Property to the Redeveloper on or before October 1, 2015, or on such other EXECUTION VERSION 9 date as the parties hereto may mutually agree in writing (the "Closing Date"}; provided, however, that in the event the conditions precedent to closing have not been satisfied, either the City or Redeveloper may terminate this Agreement or waive or extend the time for satisfaction of such conditions precedent. Conveyance of the Deed shall be made at the principal office of the City on the Closing Date and the Redeveloper shall accept such conveyance and pay to the City at such time and place the Purchase Price in immediately available funds. Section 4. Time for Certain Actions. a. Progress Reports and Time for Submission of Construction Plans. Redeveloper will keep the City informed regarding the status of the project by responding to inquiries from representatives of the City and furnishing progress reports as reasonably requested, but not less than quarterly during construction. Redeveloper agrees to provide to the City design development drawings showing preliminary floor plans, elevations and related information no later than 60 calendar days after the date of this Agreement. No formal response will be required from the City to these design development drawings. The City, however, will alert Redeveloper of any known code violations or other design issues that would impact the acceptance of the Construction Plans. The time within which the Redeveloper shall submit its initial Construction Plans to the City in any event, pursuant to Article III hereof, shall be as follows: 1) 90 calendar days from the date of this Agreement for site preparation and foundation work; 2) 120 calendar days from the date of this Agreement for the structure and shell; and 3)180 calendar days from the date of this Agreement for the final full building permit drawings. Within 30 calendar days of each phased submittal, the City shall review and approve or reject and make recommendations for corrections to said Construction Plans. The City's failure to so respond within 30 calendar days shall be deemed the City's approval of said construction plans unless the Redeveloper has consented to an extension in writing, which consent shall not be unreasonably withheld. The City's review of said Construction Plans shall be based on the Urban Renewal Plan, all applicable codes and any additional requirements imposed on the Redeveloper under this Agreement. b. Time for Submission of Corrected Construction Plans. Except as provided in Paragraph (c) of this Section, the time within which the Redeveloper shall submit any new or corrected Construction Plans as provided for in Section 301 shall be not later than thirty (30) calendar days after the date the Redeveloper receives written notice from the City of the City's rejection and recommendations for corrections to the Construction Plans referred to in the latest such notice. c. Maximum Time for Approved Construction Plans. In any event, the Redeveloper shall use commercially reasonable efforts to submit Construction Plans which Redeveloper reasonably believes conform to the requirements of Section 301 hereof and are appropriate for approval by the City not later than sixty (60) calendar days after the date the Redeveloper receives written notice from the City of the City's fust rejection and recommendations for corrections to the original Construction Plans submitted to it by the Redeveloper. d. Time for City Action on Chan{ g in Construction Plans. The time within which the City may reject any change in the Construction Plans, as provided in Section 301 hereof, shall be thirty (30) calendar days after the date of the City's receipt of notice of such change. EXECUTION VERSION e. Time for Submission of Evidence of Financia Ag bility. As conditions to the closing of the sale of the Redevelopment Property pursuant to Section 2(i) of this Agreement, the Redeveloper shall submit to the City evidence satisfactory to the City that the Redeveloper has the financial ability and commitments for construction and mortgage financing necessary for construction of the Minimum Improvements. Section 5. Time for Commencement and Completion of Minimum Improvements. The construction of the Project and Minimum Improvements shall commence no later than November 1, 2015, and shall be completed on or before August 31, 2018 or as extended pursuant to Section 305 hereof. Section 6. Conditions Precedent to Conveyance of Property The City's obligation to convey title and possession of the Property to the Redeveloper on the Closing Date, and Redeveloper's obligation to pay the purchase price and accept title and possession of the Property on the Closing Date shall be subject to satisfaction of the following conditions precedent: (a) The Redeveloper and the City shall be in material compliance with all of the terms and provisions of this Agreement; (b) The Redeveloper shall have furnished the City with evidence in a form satisfactory to the City of the acquisition of performance and payment bonds for the Project; (c) Execution of the Minimum Assessment Agreement, pursuant to Section 7 of this Agreement and Consent of Lienholders required therein; (d) Receipt of an opinion or opinions of counsel to Redeveloper including the substance of the opinions set forth in the form attached hereto as Exhibit K; (e) Agreement of the Redeveloper's Architect and the City's staff Design Review Committee on the exterior design of the building pursuant to Section 2(e) of this Agreement; (f) Execution and recording of the Memorandum of Agreement in the form attached hereto as Exhibit J. (g) Prof satisfactory to City that Redeveloper has obtained construction financing commitments sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. (h) Approval by the City Council of the height bonuses available under the Riverfront Crossings foam -based zoning code that are necessary to complete the minimum improvements. EXECUTION VERSION 10 (i) FAA approval of the minimum improvements. 0) Vacation of that portion of the Harrison Street Right of Way included in the Property to be conveyed subject to a 10 foot wide pedestrian access easement, which access easement shall not interfere with Developer's use of the easement area for below grade foundations and support, landscaping, and building maintenance and cleaning including temporary closures of the easement to perform any maintenance or cleaning. If either party terminates this Agreement as a result of the failure of any condition precedent to the closing obligations set forth in this Agreement, the Earnest Money shall be refunded to the Redeveloper. Section 7. Minimum Assessment Agree ent. Redeveloper agrees to enter into a Minimum Assessment Agreement in a form in substantial compliance with Exhibit E attached hereto, in order to establish a Minimum Actual Value for the land and Minimum Improvements for this Project. The Redeveloper acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property and Minimum Improvements thereon and further agrees with respect to all the Property, that: (a) it will not seek administrative or judicial review of the applicability of any tax statute determined by any official to be applicable to the Property or the Redeveloper, or the owners of condominium units sold, or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; that (b) it will not seek administrative or judicial review of the constitutionality of any tax statute determined by any official to be applicable to the Property or the Redeveloper or the owners of condominium units sold, or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (c) it will not cause a reduction in the taxable valuation upon which real property taxes are paid with respect to the Project, which consists of a multi -use structure generally consistent with the Minimum Improvements and Uses shown on Exhibit D, below the amount of $40,000,000 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the Property as of January 1, 2019 ("Minimum Actual Value") through: (i) willful destruction of the Property, or any part thereof; (ii) a request to the City Assessor of Iowa City, Iowa to reduce the Minimum Actual Value of the Property; (iii) an appeal to the Board of Review of the City of Iowa City or to the Board of Review of Johnson County to reduce the Minimum Actual Value of the Property; EXECUTION VERSION 11 (iv) a petition to the Board of Review of the State of Iowa or to the Director of Revenue and Finance of the State of Iowa to reduce the Minimum Actual Value of the Property below the amount noted above; (v) an action in any District Court of the State of Iowa seeking a reduction in the Minimum Actual Value of the Property below the amount noted above; (vi) an application to the Director of Revenue and Finance of the State of Iowa requesting an abatement of real property taxes pursuant to any present or future statute or ordinance; or (vii) any other proceedings, whether administrative, legal or equitable, with any administrative body within the City of Iowa City, Johnson County, or the State of Iowa or within any court of the State of Iowa or the federal government. (d) it shall not, prior to December 31, 2022, cause or voluntarily permit the Property to become other than taxable property; to be taxable at an amount less than the Minimum Actual Value noted above; to be owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Project Area in its entirety; to be owned by any entity having tax exempt status; or apply for a deferral of property tax on the Property pursuant to any present or future statute or ordinance. (e) it is bound by the applicable Minimum Assessment Agreement attached as Exhibit I?, fixing the Minimum Actual Value of the Property as approved by the Assessor and the City as set forth herein and said Minimum Assessment Agreement shall inure to the benefit of and be binding upon the Redeveloper's successors in interest. The Redeveloper shall provide to the City a title opinion showing all lienholders, and all such lienholders shall consent to the Minimum Assessment Agreement. The Redeveloper contemplates that the Project will consist of condominium units and agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa, an attachment to the declaration will be executed by the Redeveloper, the City and the City Assessor allocating a portion of the Minimum Actual Value to each unit. On December 31, 2022, the Minimum Actual Values herein established and the restrictions of this Section 7 shall be of no further force and effect and shall no longer encumber the Property, and the Minimum Assessment Agreement shall terminate. The Minimum Assessment Agreement shall be certified by the Assessor for the City as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the Johnson County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Property (or part thereof), whether voluntary or involuntary, and such Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage. EXECUTION VERSION 12 Section S. Notices and Demands A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 161 N. Clark St., suite 4900, Chicago, IL 60601 Attn: Thomas M. Scott with a copy to Polsinelli PC, 161 N. Clark St., Suite 4200, Chicago, IL 60601 Attn: Eric G. Greenfield & Patrick J. Elder; and (b) In the case of the City, is addressed to or delivered personally to the City Manager at City Hall, 410 E. Washington St, Iowa City, Iowa, 52240, or at such other address with respect to either party as that party may from time to time designate in writing and forward to the other as provided in this Section. Section 9. CoaWMAILS The Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. PART II ARTICLE IL RIGHTS OF ACCESS TO PROPERTY Section 201. Right of Entry for Utility Service. The City reserves for itself, and any public utility company, as may be appropriate, the right to enter upon the Property at all reasonable times upon reasonable notice for the purpose of reconstructing, maintaining, repairing, or servicing the following public utilities located within the Property boundary lines: a. storm sewer; b. water; and c. electricity. Section 202. Redeveloper Not To Construct Over Utility Easements. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities unless such construction is provided for in such easement or has been approved by the City. If approval for such construction is requested by the Redeveloper, the City shall use its best efforts to assure that such approval shall not be withheld unreasonably. If relocation of such utilities is reasonable, Redeveloper shall pay all costs of such relocation. Section 203. Access to Propert . The Redeveloper shall permit the representatives of the City access to the Property at all reasonable times which it deems necessary for the purposes of this Agreement including, but not limited to, inspection of all work being performed in connection with the construction of the Minimum Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. EXECUTION VERSION 13 ARTICLE M. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION Section 301. Plans for Construction of Improvement. Plans and specifications with respect to redevelopment of the Property and the construction of certain improvements thereon, to consist of the Minimum Improvements shown on Exhibit D and as outlined in Section 1, Part I above, shall be in conformity with the Urban Renewal Plan and this Agreement, and all applicable federal, State and local laws and regulations. As promptly as possible after the date of this Agreement, and, in any event, no later than the time specified therefore in Paragraph (a), Section 4 of Part I hereof, the Redeveloper shall submit to the City, for approval by the City Departments of Neighborhood and Development Services and Public Works, or their designee(s), plans, drawings, specifications, and related documents, and the proposed construction schedule in sufficient completeness and detail to show that such Minimum Improvements and construction thereof will be in accordance with the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes. Said plans, drawings, specifications, related documents, and progress schedule, together with any and all changes therein approved in writing by the City in accordance with Section 302 hereof, are, except as otherwise clearly indicated by the context, are collectively defined as "Construction Plans" with respect to the Minimum Improvements to be constructed. The City shall, if the Construction Plans conform to the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes, approve in writing such Construction Plans and no further filing by the Redeveloper or approval by the City thereof shall be required except with respect to any material change. The City will then, upon appropriate showing of compliance with the requirements of the previous sentence, issue the appropriate building permit(s)- Failure by the City to identify a code deficiency during plan review does not, however, relieve the Redeveloper from any obligation to comply with all applicable code provisions. Such Construction Plans shall, in any event, be deemed approved unless rejection thereof in writing by the City, in whole or in part, setting forth in detail the reasons therefore, shall be made within the time specified in Part 1, Section 4 hereto. If the City so rejects the Construction Plans in whole or in part as not being in conformity with the Urban Renewal Plan, this Agreement, or all applicable codes, the Redeveloper shall submit new or corrected Construction Plans which are in conformity with the Urban Renewal Plan, this Agreement, and all applicable codes within the time specified in Paragraph (b), Section 4 hereof, after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection, and resubmission of corrected Construction Plans herein above provided with respect to the Construction Plans shall continue to apply until the Constriction Plans have been approved by the City: Provided, that in any event the Redeveloper shall submit Construction Plans which are in conformity with the requirements of the Urban Renewal Plan for the Project, this Agreement and all applicable codes, as determined by the City, no later than the time specified therefore in Paragraph c, Section 4 of Part I hereof. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Property shall be in conformity with the Construction Plans as approved by the City. The term Minimum Improvements, as used in this Agreement, shall be deemed to have reference to the Minimum Improvements as provided and specified in the Construction Plans as so approved and incorporated herein by Exhibit D. EXECUTION VERSION 14 Approval of the Construction Plans by the City shall not relieve any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements as constructed. Section 302. Changes in Construction Plans. If the Redeveloper desires to make any substantial change in the Construction Plans after their approval by the City, the Redeveloper shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of Section 301 hereof with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City unless rejection thereof, in whole or in part, by written notice thereof by the City to the Redeveloper, setting forth in detail the reasons therefore, shall be made within the period specified therefore in Paragraph d, Section 4 of Part I hereof. Section 303. Reserved. Section 304. Commencement and Completion of Construction of Minimum Improvements. The Redeveloper agrees for itself, and shall encumber the property to bind its successors and assigns, and every successor in interest to the Property, or any part thereof, and each deed or other conveyance made by Redeveloper prior to completion of the Minimum Improvements shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event begin within the period specified in Section 5 of Part I hereof and be completed within the period specified in such Section 5. It is intended and agreed, and each deed or other conveyance of the Property or any portion thereof shall so expressly provide, that the construction of the Minimum Improvements shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein, provided that the City shall have the right to modify this agreement on behalf of the community and the City. Section 305. Notice of Delays. Until construction of the Minimum Improvements has been completed, the Redeveloper shall give prompt notice in writing to the City of any adverse development which would materially affect or delay the completion of such construction, including any delay by the City in issuing any necessary permits or approvals. Upon such notification, and subject to agreement by the City as to matters within Redeveloper's reasonable control, the completion date will be extended accordingly. EXECUTION VERSION 15 Section 306. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so certifying in the form attached hereto as Exhibit "0". Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) The certification provided for in this Section 306 shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. N the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) calendar days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. If the City fails to provide such certificate within said thirty day period or indicate the reasons for such refusal, Redeveloper may record certificate of completion on its own behalf which shall be binding as though furnished by the City. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY Section 401. Restrictions on Use. The Redeveloper agrees for itself, its successors and assigns, that each deed or other conveyance shall contain covenants on the part of the Redeveloper for itself, such successors and assigns, that the Redeveloper and such successors and assigns, shall: (a) Devote the Property only to, and in accordance with, the uses specified in the Urban Renewal Plan and the uses specified in Section 1, Part I of the Agreement, including Exhibit D; and (b) Not discriminate upon the basis of age, race, creed, color, disability, gender identity, marital status, sex, sexual orientation, religion, national origin, familial status, or the presence or absence of dependents or public assistance source of income in the sale, lease, or rental or in the use or occupancy of the Property or any Minimum Improvements erected or to be erected thereon, or any part thereof. EXECUTION VERSION 16 Section 402. Covenants • Binding Upon Successors in Interest: Period of Duration. It is intended and agreed, and each deed or other conveyance shall so expressly provide, that the agreements and covenants provided in Section 401 hereof (the "Covenants") shall be covenants running with the land until completion of the improvements, except that the provisions of Section 7 shall continue until December 31, 2022, and the requirements of Section I(b) shall continue as set forth below in this Section 402 (collectively, the "Survival Periods'). The Covenants shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be binding for the respective Survival Periods, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, and any successor in interest to the Property, or any part thereof, against the Redeveloper, its successors and assigns, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreements and covenants provided in Section 1(b) hereof shall remain in effect for an initial twenty-one year period and successive twenty-one year periods in accordance with Iowa Code Section 614.24 (201.5), or as provided by an amendment thereto regarding the statute of limitations regarding the enforcement of use restrictions. Provide That the Covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of the Property or any part thereof if not sooner expired in accordance with the respective Survival Periods. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to the provisions of the Urban Renewal Plan, or similar language, in this Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. Section 403. City Rights To Enforce and Modify. In amplification, and not in msstriiction, of the provisions of the preceding Section, it is intended and agreed that the City and its successors shall be deemed beneficiaries of the Covenants, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such Covenants have been provided. Such Covenants shall (and each deed shall so state) run in favor of the City for the respective Survival Periods, during which time such Covenants shall be in force and effect, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such Covenants relate. The City shall have the right in the event of any breach of any Covenant during the respective Survival Periods to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of Covenant, to which it or any other beneficiaries of such Covenant may be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attorney's fees on appeal, if any. Further, the City shall hold all right and authority to agree to or provide any amendment, modification, waiver, termination or release of the Covenants on behalf of itself and other parties, public or private, which are beneficiaries thereof (other than Redeveloper, its successors and assigns). Section 404. Office Component. Redeveloper shall use commercially reasonable efforts for a period of fourteen (14) months following the land closing date to obtain tenants for all of the office space included in the Minimum Improvements. Commercially reasonable efforts shall EXECUTION VERSION 17 include offering the office space for rent or lease to prospective office tenants at market rates and terms. In the event that Redeveloper is unable to enter into a rental or lease agreement for all or any portion of the office space within said 14 month period, the Redeveloper may convert any office space which is not subject to such a lease to such other uses as may be approved by the City. The City's approval shall not be unreasonably withheld. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT, TRANSFER Section 501. Representation as to Redevelopment. The Redeveloper represents and agrees that its undertakings pursuant to this Agreement are and will be used for the purpose of redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes: (a) the importance of the redevelopment of the Property to the general welfare of the community; and (b) the tact that any act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, and that the qualifications and identity of the Redeveloper are of particular concern to the community and the City. The Redeveloper recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Redeveloper. Section 502. Prohibition Against Transfer of Property and Assignment of Agreement. For the foregoing reasons, the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) the Redeveloper has not made or created, and that it will not, before completion of the Minimum Improvements and receipt of a Certificate of Completion pursuant to Section 306, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) Notwithstanding the restrictions set forth in subparagraph (a) of this Section 502, the Redeveloper may: 1, make such transfer or assignment only by way of security only for the purpose of obtaining financing necessary to enable the Redeveloper or and successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the Minimum Improvements under this Agreement; 2. lease space in the ordinary course of business for the purposes set forth in Exhibit D; 3. sell commercial and residential condominium units in the Project at any time subject to the terms of the Minimum Assessment Agreement; EXECUTION VERSION is 4. transfer this Agreement to an affiliate of Redeveloper that assumes Redeveloper's obligations hereunder; and 5. allow transfers of direct or indirect interests in Redeveloper. (c) The City shall be entitled to require, except for such transfers, assignments, leases, conveyances or sales provided for in subsection (b) of Section 502, as conditions to any such approval for a transfer prior to completion of the Minimum Improvements and receipt of a Certificate of Completion pursuant to Section 306, that: Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations that relate to such part); Any proposed transferee shall expressly assume, by instrument in writing satisfactory to the City and in form recordable among the land records, for itself, its successors and assigns, and expressly for the benefit of the City, all of the obligations of the Redeveloper under this Agreement and agree to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions that relate to such part), Provided that in the event any transferee or successor in interest to the Property, or any part thereof, does not, for whatever reason, expressly assume or agree to such obligations, conditions and restrictions, such lack of assumption or agreement shall not relieve or except such transferee or successor of such obligations, conditions, or restrictions; nor shall it deprive or limit the City of any rights, remedies or controls with respect to the Property or the construction of the Minimum Improvements unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City. It being the intent that, to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement, no transfer of or change of ownership in the Property, any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights, remedies or controls provided in or resulting from this Agreement that the City would have had, had there been no such transfer or change; 3. There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing; EXECUTION VERSION 19 4. The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Minimum Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of this Agreement or transfer of the Property (or any parts thereof) for profit prior to the completion of the Minimum Improvements: and 5. The Redeveloper and its transferee or successor shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provid That in the absence of a specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise, of its obligations with respect to the construction of the Minimum Improvements, or from any of its other obligations under this Agreement. Section 503. Information as to Parties in Control. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of this Agreement and completion of the Minimum Improvements as certified by the City, the Redeveloper will promptly notify the City of any and all changes whatsoever with respect to the identity of the parties in control of the Redeveloper or, the degree thereof, of which it or any of its officers or members have been notified or otherwise have knowledge or information. Section 504. Status of Redeveloper: Transfer of Substantially All Assets. As security for the obligations of the Redeveloper under this Agreement, the Redeveloper represents and agrees that prior to the recording of a Certificate of Completion pursuant to Section 306 of this Agreement, the Redeveloper will maintain its existence as a limited liability company and will not wind up or otherwise dispose of all or substantially all of its assets or assign its interest in this Agreement to any other party; Provid That the Redeveloper may sell or otherwise transfer to a partnership, corporation or limited liability company organized under the laws of one of the United States, or an individual, all or substantially all of its assets as an entirety or assign its interest in this Agreement to any other party and thereafter wind up and be discharged from liability hereunder if (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Redeveloper under this Agreement and the Minimum Assessment Agreement; and (ii) the City receives such new security from the successor Redeveloper to assure completion and operation of the Minimum Improvements during the term of this Agreement as the City deems necessary or desirable and receives such evidence as the City shall reasonably require, including an opinion of counsel, that the existing performance and payment bonds and security provided pursuant to this Agreement will remain in effect and will be enforceable against the existing Redeveloper and issuer of such bonds upon a default by the successor Redeveloper with respect to completion or operation of the Minimum Improvements. EXECUTION VERSION 20 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES Section 601. Limitation Upon Encumbrance of Pronertv. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage, encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for making the Minimum Improvements and related improvements of the Project, including, but not limited to, engineering, development, legal and related Project costs (including costs of interior improvements, furnishings and fixtures). The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. Nothing herein is intended to, and should not be construed to, in any way limit Redeveloper from selling condominium units in the Project at any time or limit purchasers from placing mortgages on the condominium units subject to the terms of this Agreement and the Minimum Assessment Agreement. Section 602. Mnrtg�avge Holder Not Obligated To Construct. Notwithstanding any of the provisions of this Agreement, the holder of any mortgage authorized by this Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself ) shall not be obligated by the provisions of this Agreement to construct or complete the Minimum Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the deed be construed to so obligate such holder Provided. That nothing in this Section or any other Section or provision of this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any Minimum Improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in this Agreement. Section 603. Copy of Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under this Agreement, the City shall at the same time forward a copy of such notice or demand to each known holder of any mortgage authorized by this Agreement at the last address of such holder shown in the records of the City. Section 604. Mortgagee's Option To Cure Defaults. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to permit or authorize such holder, either EXECUTION VERSION 21 before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in this Agreement, the Minimum Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Minimum Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 306 of this Agreement. Section 605. City's Option To Pav Mortaao Debt or Purchase PMperty. Prior to the recording of the Certificate of Completion provided for in Section 306 of this Agreement and resulting expiration of the City's right of reversion, a default or breach of this Agreement by the Redeveloper or successor in interest, in any case where the holder of any mortgage on the Property or part thereof. (a) has, but does not exercise, the option to construct or complete the Minimum Improvements to the Property or part thereof covered by its mortgage or to which it has obtained title, and such mortgage holder fails to commence the cure thereof within sixty (60) days after the holder has been notified or informed of the default or breach; or (b) exercises the option to construct or complete the Minimum Improvemerrts but does not complete such Minimum Improvements within the period agreed upon by the City (which period shall in any event be at least as long as the period prescribed for such completion in this Agreement), and such mortgage holder fails to commence the cure thereof within sixty (60) days after written demand by the City so to do, the City shall: (a) have the option to pay to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby; or (b) in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof the City shall be entitled, at its option, to receive conveyance of title to the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum total of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Minimum Improvements made by such holder, and EXECUTION VERSION 22 (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. Every mortgage instrument made prior to completion of the Minimum improvements with respect to the Property or any part thereof shall so provide. Section 606. City's Option To Cure Mortgaee Default. In the event the Redeveloper, or any successor in interest defaults or breaches its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof prior to the completion of the Minimum Improvements, the City may, at its option, cure such default or breach, in which case the City shall be entitled, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City including reasonable attorney's fees in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such mimbursement, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by this Agreement, operation of law, or otherwise: Provid That any such lien shall be subject always to the lien of (and any lien contemplated by, because of advances yet to be made,) any then -existing mortgages on the Property authorized by this Agreement. Section 607. MgIWWc and Holder. For the purposes of this Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include a deed of trust. Section 608. Subordination and Modification for the Benefit of Mort¢aaees. (a) In order to facilitate obtaining financing for the construction of the Minimum Improvements by the Redeveloper, the City agrees to subordinate its rights under this Agreement to the holder of the First Mortgage for the purposes described in Section 601 of this Agreement, but only Prov id That the First Mortgage or a subordination agreement provides that if the holder of the First Mortgage shall foreclose on the Redevelopment Property, the improvements thereon, or any portion thereof, or accept a deed to the Redevelopment Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Actual Value set forth in the Minimum Assessment Agreement and all the provisions of the Minimum Assessment Agreement. (b) In order to facilitate obtaining financing for the construction of the Minimum Improvements, the City agrees that it shall agree to any reasonable modification of this Article VI or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to the Project and the Urban Renewal Plan. The City also agrees to consider such modification(s) of this Article VI with respect to other holders, and to agree to such modifications if the City deems such modification(s) necessary and reasonable. EXECUTION VERSION 23 ARTICLE VII. INTENTIONALLY OMITTED ARTICLE VIIL REMEDIES Section 801. In General. Except as otherwise provided in this Agreement, in the event of any default or breach of this Agreement, or any of its terns or conditions, by either party herein, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to commence to cure or remedy such default or breach and shall complete such cure or remedy within ninety (90) days after receipt of such notice. In case such action is not taken or diligently pursued, or the default or breach cannot be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. Section 802. Other Ri" and Remedies of City: No Waiver by Delay. The City shall have the right to institute such actions or proceedings as may be necessary to enforce the Redeveloper's covenants and obligations under this Agreement and to seek damages caused by a breach or default by the Redeveloper. The City may also institute such actions or proceedings it may deem desirable for effectuating the purposes of this Article VII, Provided, That any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the City's rights with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. Section 803. Enforced Delay in Performance for Causes Beyond Control of Party. Performance by any party under this Agreement may be subject to unavoidable delays outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties, or acts of any federal, State or local governmental unit (other than the City) which directly result in such delays. Such delays shall constitute sufficient legal excuse for delayed performance under the terns of this Agreement. Section 804. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its obligations under this Agreement shall be considered a waiver EXECUMN VERSION 24 of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. ARTICLE 13L MISCELLANEOUS Section 901. Conflict of Interest Redeveloper agrees that, to its best knowledge and belief, no member, officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of this Project at any time during or after such persons' tenure. Section 902. Non -Discrimination. In carrying out the Project, the Redeveloper shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, gender identity, marital status, sexual orientation, religion, age, disability, familial status, presence or absence of dependents or public assistance source of income. The Redeveloper shall ensure that applicants for employment are granted employment, and the employees are treated during employment, without regard to their age, race, creed, color, disability, gender identity, marital status, sex, sexual orientation, religion or national origin. Section 903. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 904. Memorandum of ent. The parties agree to execute and record a Memorandum of Agreement, in substantially the form attached as Exhibit _ to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Redeveloper shall pay all costs of recording. Section 905. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 906. Administration of Agreement by City. The City Manager or designee shall administer the rights and obligations of the City hereunder. Section 907. Entire Agreement This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 908. Time is of Essence. Time is of the essence in this Agreement. EXECUTION VERSION 25 Section 909. Binding on Successors. This Agreement shall inure to the benefit of and be binding upon the parties' successors in interest. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its authorized representative, on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA er City Attomey's Office Matthew J. Hayek, ayor ATTEST: By: Mari K. Karr, City Clerk CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Manager, LLC, a Delaware limited liability company, its manager By: CA Student Living Operating Company, LLC, a Delaware limited liability company, its managing membe By: omas M. Scott Title: Chief Executive Officer EXECUTION VERSION 26 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this :�-74-4 day of '\,j tt-1 --- , 2015, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. KELLIEK.TUTTLE °, .. Commis ;m Number 221819 4 "_ 5.4y Com' Tissign Expires a STATE OF ss: COUNTY OF Q ke .c 6-e X -T Public in and for the State of Iowa This instrument was acknowledged before me on this 2,,aa day of 7Tj\ 2015, by Thomas M. Scott as Chief Executive Officer of CA Student Living Opera ng Company, LLC as managing member of CA Student Manager, LLC, as manager of CASL Holdings, LLC. "O OFfK�ALSEAT. Notary Pub is in and Gr the State of =//i 110 i S ROMT PARIZEK NOTARY PUBLIC . STATE OF ILLINOIS W COMMSION EXPIRES:11rmn EXECUTION VERSION 27 EXHIBIT B LEGAL DESCRIPTION OF URBAN RENEWAL AREA Original Urban Renewal Area Beginning at a point on the north R.U.W. line of Burlington Street where it meets the east bank of the Iowa River; Thence easterly to the east R.O.W. line of vacated Front Street; Thence north to the north R.O.W. line of vacated College Street; Thence east along said R.O.W. line to the west R.O.W. line of Capitol Street; Thence north along said R.O.W. line to the centerline of Washington Street; Thence east along said centerline to the centerline of Linn Street; Thence south along said centerline to the south R.O.W. line of Court Street; Thence west along said R.O.W. line to the east bank of the Iowa River; Thence northerly along the east bank to the point of beginning. AND 2001 Amended Area Beginning at the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25; Thence south along the east R.O.W. line of Gilbert Street to the south R.O.W. line of Prentiss Street; Thence west along said south R.O.W. line to its intersection with Linn Street; Thence northeasterly along Ralston Creek to the west R.O.W. line of Maiden Lane; Thence north to the south R.O.W. line of Court Street; Thence west along said south R.O.W. line to the centerline of Linn Street; Thence north along said centerline to the centerline of Washington Street; Thence west along said centerline to the west R.O.W. line of Clinton Street; Thence north along said west R.O.W. line to the north R.O.W. line of Iowa Avenue; Thence east along said north R.O.W. line to the east R.O.W. line of Gilbert Street; Thence south along said east R.O.W. line to the point of beginning. AND Beginning at the NW comer of Outlot 26, Original Town Subdivision; Thence south along the eastern R.O.W. line of Van Buren Street to where said R.O.W. ends at a point along the western boundary of Block S, Lyon's 2nd Addition; Thence northwesterly along R.O.W. line to a point on the north R.O.W. line of the Iowa Interstate Railroad south of block 1, Lyon's Ist Addition; Thence southwesterly to the south R.O.W. line of the Iowa Interstate Railroad north of block 3, Lyon's 1st Addition; Thence southeasterly along the south Railroad R.O.W. to the eastern boundary of Van Buren Street south of the Railroad; Thence along said eastern boundary of Van Buren Street to the north right-of-way line of Kirkwood Avenue; Thence east to a point 11' west of the extended NE comer of lot 3, block 6, F.S. & E.W. Lucas Addition; Continuing south to a point 126', more or less, south of the R.O.W. line of the E -W alley west of Diana Street and south of lots 1, 2, and 3, block 6, R.S. Lucas Addition; Thence westerly to a point on the east R.O.W. line of the N -S alley west of lots 4 & 5, block 6, R.S. Lucas Addition; Crossing the alley to the west R.O.W. line of said alley, continue south 7.5, more or less, to the NE corner of lot 30, Highland Park Addition; Thence westerly to the NW corner of lot 31, Highland Park Addition; Thence southerly to the SW corner of said Lot 31; Crossing Highland Ct. to the NE EXECUTION VERSION 29 comer of Lot 15 Highland Park Addition; Thence southerly to the SE comer of Lot 9 Highland Park Addition; Crossing Highland Ave. to the south R.O.W. line; Thence westerly along said south R.O.W. line to where it meets the Crandic Railroad; Thence south along the Crandic Railroad to the south R.O.W. line of Highway 6; Thence west along the south R.O.W. line of Highway 6 to the eastern bank of the Iowa River; Thence southerly following said eastern bank of the river to a point where the river bank meets the extended southern line of Sturgis Ferry Park; Thence westerly to the SW corner of Sturgis Ferry Park; Thence continuing westerly to the west R.O.W. line of Riverside Drive; Thence northerly along said west R.O.W. line to the centerline of Highway 6; Thence easterly along said centerline to the western bank of the Iowa River, Thence following the western bank of the Iowa River to the centerline of Myrtle Street extended to the Iowa River; Thence west to the west R.O.W. line of Riverside Drive/State Highway 1; Thence northerly along said highway R.O.W. to the north R.O.W. line of Burlington Street; Thence east to the east bank of the Iowa River; Thence south to the south R.O.W. line of Court Street; Thence easterly along the south R.O.W. line of Court Street to the west R.O.W. line of Maiden Lane; Thence south along said west R.O.W. line to Ralston Creek; Thence southwesterly along the creek to the south R.O.W. line of Prentiss Street; Thence east along said south R.O.W. line to the west R.O.W. line of Gilbert Street; Thence south along said west R.O.W. line to a point where it meets the extended centerline of Bowery Street; Thence easterly to a point where the centerline of Bowery Street meets the extended east R.O.W. line of Gilbert Street; Thence north along said east R.O.W. line to the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25; Thence east along the south RO.W. line of Burlington Street to the point of beginning. Also including Lots 5 and 6 in Block 43, Original Town, and the alley and full width of the College Street right-of-way adjacent thereto. EXECUTION VERSION 30 EXHIBIT C LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book I and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street Right -of -Way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa. EXECUTION VERSION 31 EXHIBIT D MINIMUM IMPROVEMENTS Redeveloper shall complete the following minimum improvements and uses on the Redevelopment Property in accordance with the Redevelopment Agreement to which this Exhibit is attached. Subject to the necessary FAA and City approvals, the project will be a mixed-use development consisting of a hotel, apartments, office and retail in a 14 -story north tower which will include the hotel, office space and retail components and a 15 -story south tower which will house the residences, in substantial conformity with the Project Design and Plans submitted by Redeveloper in its February, 2015 submittal, which are attached hereto as Exhibit D-1, with the following components as may be adjusted in connection with FAA and City approvals and limitations: 1. Approximately 152 hotel rooms, 320 apartments, 6,325 square feet of retail, and 25,518 square feet of Class A office space and 326 parking spaces to be accessed off the alley. It is understood that such unit numbers and square footages may vary by f 5% without City approval and by f_10•% with City approval. 2. The unit mix for the residences shall be as follows: 127 1 -bedroom (40%); 149 2 - bedroom (47%) and 44 3 -bedroom (14%). It is understood that the unit numbers and mix may vary by ± 5% without City approval and by f 100/9 with City approval. 3. Amenities shall include a fitness center, a landscaped courtyard, a Club room, private and group study lounges, a rooftop pool, sun deck, coffee bar and Wi-Fi. 4. The hotel flag shall be Hyatt Place, Hilton Canopy, Hilton Curio, Marriott AC Hotels, Starwood Aloft, or another hotel flag of substantially similar quality approved by City. The hotel operator shall be the Bricton Group, Aimbridge Hospitality, First Hospitality Group, or other operator with substantially similar credentials approved by the City. With he exception of the hotel component, the Project will be designed and constructed to LEED Gold standards or higher. The hotel component will be designed and constructed to at least LEED Silver standards, with the aspiration to achieve LEED Gold standards. The Redeveloper's registered and LEED-accredited architect must certify the point calculation for the project such that the project is constructed in accordance with the required LEER standard and said certification shall be subject to City's approval prior to issuance of an occupancy permit. LEED certification, however, shall not be required. A list of the point calculation based on actual on-site achievements will be submitted for City review. EXECUTION VERSION 32 Exhibit D-1 RENDERINl; GROUND LEVEL PERSPECTIVE LOOKING SOUTI-MIEST Following cly dlocugYons. review of commends, and CA hes reached a final propoael that Is an it.,, I':. 7M del -budding scheme and caegard con celols have been malrdsined In conjunctlon with newly added "L -ahead• forma tat now msun In a mow of upon space pwWhy facade relief to the nelghborulg conmrt In the anitwem dImcdon. The 76% minimum street homage Is prodded, allowing - :. .. while concealing all oft -mat poddng and loading aces at the public agcy. Rj R 1 5 E CA Vemid... 1161 N CWkPI Sus a600 i Chicago, IL 60601 VENTURES ge: EXECUTION VERSION 33 RENDERING AERIAL VIEW LOOKING WEST The site configunsion makes for an . To the north, the smaller, shorter holeVolncahelell building places contiguous . The natural street grade declines from the NW miner along both primary sheets to the SE corner, allowing separate access paints for the various site uses to establish their own aft locations and character. Re R 1 S E CA Venturtss : 161 N Clark I Suite 4900 1 Chicago, IL 60601 Page: 10 V[Ei WY Jri.�P EXECUTION VERSION 34 SITE PLAN PARKING LEVEL Pd3 I t 1 I 1 __ _ --_________ t Hm a 1 1 allay t' m �r 1 N r t 1— a , � I R I S E CA Venbxs I 161 N Clerk I SuYm 4800 1 CNoaln IL 50801 Page: 11 VENTURES EXECUTION VERSION 35 PARKING LEVEL P-02 PARKING LEVEL P-01 M ©II 3MR ! S E cn vencuree 11e1 N clerk . sun. 4900 I GNoeeo, IL 80801 ; Page: 12 EXEcunON VERSION 36 1 s 13 4 r� ©II 3MR ! S E cn vencuree 11e1 N clerk . sun. 4900 I GNoeeo, IL 80801 ; Page: 12 EXEcunON VERSION 36 1 s 13 FIRST FLOOR PLAN t J SECOND FLOOR PLAN R. Page: 1 S E CA Ventures 1 161 N Clark 16uRs 4600 I Chir. M IL 60601 Page: 13 EXECUTION VERSION 37 1 I I 1 V Edv?`8i.1RES W 3RD -4TH FLOOR PLAN TYPICAL HOTEURME)ENTIAL FLOOR PLAN -r- - -- — - - I- -- 1 e 0- R21 S E CA V.,*.r" k I Suter 49M I ChWM.O IL 60601 , 161 N ClerPose: 14 EXECUTION VERSION 38 AMENITY LEVEL FLOOR PLAN AMENITY EXAMPLES I '�l111r11��e� �s. 4 R4 R 1 S E CA V.Wa 1 101 N Ch k i Suit. aam . cn�.sBo, IL 6M01 Page: 15 VENTURES EXECUTION VERSION 39 PROGRAMMATIC SECTION DIAGRAMS RESIDENTIAL HOTEL/OFFICE BUILDING BUILDING R., R 1 S E CA Ventnor , 191 N Crrk I mars 4900 1 ChIM o, 1L 90901 P"w i9 VEINITURFS EXECUTION VERSION 40 CIVIL SITE PLAN-ACCESSIBILIT; ZONII J%&ACCESS LAYOUT u!I!� IrrW-� �r hbk r� YaYreY ro, rawua.ra �rur wrwwswr G has coordinated with HBK EngineerirVs love City office to assist with planning around specific alta criteria. Given the Nywa site topography, HBK has developed a Wading and access strategy that provides HBK has aim consulted with city staff to werify zoning requirements pertaining to the location and quantities of I requirements. The hotel/offte componerd includes curbside dropoff at Court St., and dedicated perking/loading access vie the public alley. R I S E CA vur kuraa I 169 N Clerk I Suffe AGOG I Chicago, I I_ 11101501R Page: 19 Vhf URES EXECUTION VERSION 41 ! fMtn p +r�i/ ClIE�IfENN0113 I 1 ' t O erprrewa O nwe,.w„a�a t � J I I wr�prr,s © wrr / erre NFOPoIIRGN a I I 1 I _ a^�rmar iniils " rwr. � I times _ YraY �rYwY 0 . cars 7[/ ' Hrwrr.rr�� o u!I!� IrrW-� �r hbk r� YaYreY ro, rawua.ra �rur wrwwswr G has coordinated with HBK EngineerirVs love City office to assist with planning around specific alta criteria. Given the Nywa site topography, HBK has developed a Wading and access strategy that provides HBK has aim consulted with city staff to werify zoning requirements pertaining to the location and quantities of I requirements. The hotel/offte componerd includes curbside dropoff at Court St., and dedicated perking/loading access vie the public alley. R I S E CA vur kuraa I 169 N Clerk I Suffe AGOG I Chicago, I I_ 11101501R Page: 19 Vhf URES EXECUTION VERSION 41 U • ���2 - 82• MIT ", HBK has also performed B " ' , and has Identified that the ? A professional usveym will need to wrlArm the extents of this nine, hamar fiasii XW BWldbp NI me aeubsiantlpl, LnplvnEIddwftl Unmbsa mat h%aeelwa Boa oftle odelnaleWc sW an yl leeladdhi. aleaI aambnumpsnmat n')shwa Ue Mod ,subactto8 MbebpNldiOBege,.InY aCaaotbsnsed olml a Mall mUlfill.d&A M 0hsa of ell be adsuch% Wee, mm 4 albwd, Wetet m eppmp M ee building official. 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R i 5 E RI CA Ventures ! 1Ol N perk I Salta 4900 Chicegq IL BOG01 Pago:19 vee lI`URFS FXECUTION VERSION 42 EXHIBIT E MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of 2015, by and among the CITY OF IOWA CITY, IOWA, ("City"), CAS- Holdings, LLC, a Delaware limited liability corporation, ("Redeveloper"), and the CITY ASSESSOR of the City of Iowa City, Iowa ("Assessor"). WITNESSETH: WHEREAS, it is contemplated that the Redeveloper will undertake the development of an area ("Project") within the City and within the "City -University Urban Renewal Area"; and WHEREAS, once the Project is completed it will have a sufficient taxable valuation to permit the collection of incremental taxes as provided in Iowa Code Section 403.19, subsection 2, to cause the indebtedness and other costs incurred by the City with respect to the Property to be repayable as to principal within four tax years following commencement of full operation of the Project; and WHEREAS, pursuant to Iowa Code sections 403.8(3), as amended, the City and Redeveloper desire to enter into a written assessment agreement pursuant to Section 403.6 of the Iowa Code to establish a minimum actual value for the land legally described in Exhibit C to the Agreement for Private Redevelopment that will provide sufficient taxable valuations to permit the collection of incremental taxes to cause the indebtedness and other costs incurred by the City with respect to the Property to be repayable as to principal within four years following commencement of full operation of the project; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements to be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows; 1. As of January 1, 2019, an assessment shall be made fixing the minimum actual taxable value for assessment purposes for the land and Minimum Improvements to be constructed thereon by the Redeveloper at not less than $40,000,000 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). The parties hereto acknowledge and agree that construction of the Minimum Improvements will be substantially completed on or before December 31, 2017 unless that substantial completion date is extended pursuant to the Agreement for Private Redevelopment between the City and Redeveloper, in which case the parties agree to amend this Minimum Assessment Agreement to revise the date on which the minimum assessment shall be required EXECUTION VERSION 43 2. The Redeveloper contemplates that the Project will consist of condominium units and agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa, an attachment to the declaration will be executed by the Redeveloper, the City and the City Assessor allocating a portion of the Minimum Actual Value to each unit. 3. The Minimum Actual Value (as adjusted pursuant to paragraph l hereof) herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on December 31, 2022. 4. Nothing herein shall be deemed to waive the Redeveloper's rights under Iowa Code section 403.6(19) (2015), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value (as adjusted pursuant to paragraph 1 hereof) established herein. In no event, however, shall the Redeveloper seek to reduce the actual value assigned below the Minimum Actual Value (as adjusted pursuant to paragraph 1 hereof) established herein during the term of this Agreement. 5. This Minimum Assessment Agreement shall be promptly recorded by the Redeveloper with the Recorder of Johnson County, Iowa. The Redeveloper shall pay all costs of recording. 6. Redeveloper has provided a title opinion to the City listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed consents to this Assessment Agreement, which consents are attached hereto and -made a part hereof. 7. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement for the Improvement and Sale of Land for Private Redevelopment between the City and Redeveloper. 8. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. (SEAL) CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: By: Marian K. Karr, City Clerk EXECUTION VERSION 44 CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Manager, LLC, a Delaware limited liability company, its manager Ln - By: CA Student Living Operating Company, LLC, a Delaware limited liability company, its managing member Name: Thomas M. Scott Title: Chief Executive Officer STATE OF IOWA } SS COUNTY OF JOHNSON } On this day of , 20___, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF ) ) SS COUNTY OF ) This instrument was acknowledged before me on this day of , 20_, by Thomas M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as managing member of CA Student Manager, LLC, as manager of CASL Holdings, LLC. Notary Public in and for the State of EXECUTION VERSION 45 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of Minimum Improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the redevelopment shall not be less than $ 400 after taking into consideration any factors such as `roll -backs" which would reduce the taxable value of the property. Of this amount Dollars ($ ) is determined to be the value of the land and _ ($ ) the value of the buildings thereon Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY OF JOHNSON Dollars until termination of this Minimum Assessor for Iowa City, Iowa Date Subscribed and swom to before me by , Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date EXECUTION VERSION 46 EXHIBIT F Prepared by & Return to: Eleanor Dilkes, City Attorne 410E Washington St. Iowa City. IA 52240 (319) 356-5030 Tax Statements To: CASL Holdingi, LLC Grantors): City of Iowa City, Iowa Grantee(s): CASL Holdings. LLC WARRANTY DEED For valuable consideration, City of Iowa City, Iowa, a municipal corporation (Grantor), does hereby convey to CASL Holdings, LLC, an limited liability company (Grantee), the following described real estate in Johnson County, Iowa: Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street Right -of -Way located west of the Linn Street right-of-way and south of Lot 4 in Block 1 in said County Seat Addition to Iowa City, Iowa. Provided that on or before August 31, 2018 Redeveloper completes the minimum improvements and receives a certificate of completion from City as set forth in Section 306 of the Agreement for Private Redevelopment between the parties dated the day of , but if Redeveloper fails to so complete the construction of the minimum improvements and receive a certificate of completion therefore then City, its heirs and assigns, shall have the right to re-enter the premises at its option and, upon exercise of such re-entry, all right, title and interest of grantee in the above-described premises shall cease and revert immediately to City, its heirs and assigns. Subject to restrictions of record, including but not limited to the restrictions on use imposed by virtue of the Agreement for Private Redevelopment dated the day of , 2015 between the City of Iowa City and CASL Holdings, LLC, which is the subject of the Memorandum of Agreement recorded in Book _, Page of the Records of Johnson County, Iowa This conveyance is exempt from Declaration of Value and transfer tax pursuant to Iowa Code Section 428A.2(6). EXECUTION VERSION 47 Grantor does hereby Covenant with Grantee, and successors in interest, that Grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and Grantor covenants to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. The undersigned hereby relinquish all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: CITY OF IOWA CITY, IOWA, a Municipal Corporation Matthew J. Hayek, Mayor By: Marian K. Kan, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of '2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa EXECUTION VERSION 48 EXHIBIT G CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and CASL Holdings, LLC, having an office for the transaction of business 161 North Clark Street. Suite 4900 Chicago Illinois 60601, did on or about the 27th day of July-, 2015, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain improvements on real property located within the City and as more particularly described as follows: WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 306 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEir ) CITY OF IOWA CITY, IOWA By: Ma ATTEST: By:-,), z. C-� City Clerk r STATE OF IOWA } ss: COUNTY OF JOHNSON ) On this day of P 20___, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa EXECUTION VERSION 50 EXHIBIT H RESERVED EXECUTION VERSION 51 EXHIBIT I RESERVED EXECUTION VERSION 52 EXHIBIT J MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City") and CASL Holdings, L.L.C. (the "Redeveloper'), did on or about the _ day of , 201_, make, execute and deliver an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Redeveloper agreed, in accordance with the terms of the Agreement and the City -University Urban Renewal Plan (the "Plan"), to develop certain real property located within the City and within the City -University Urban Renewal Area and as more particularly described as Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and a tract of vacated Harrison Street 150 feet by 80 feet. WHEREAS, the City, and the Redeveloper desire to record a Memorandum of the Agreement referring to the Redevelopment Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Redevelopment shall serve as notice to the public that the Agreement contains provisions restricting Redevelopment and use of the Redevelopment Property and the improvements located and operated on such Redevelopment Property, and further subjects the Redevelopment Property to a Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter 403, in which the City and the Redeveloper (and any successors or assigns) agree that, as of January 1, 2019, a full assessment shall be made fixing the minimum actual value of the Redevelopment Property and all improvements located thereof for calculation of real property taxes at not less than $40,000,000 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the property, which minimum assessment agreement terminates on December 31, 2022. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Redevelopment made a part hereof by reference, and that anyone making any claim against any of said Property in any manner whatsoever shall be fully advised as to all of the terns and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto if any, shall be, maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Iowa City, Iowa. IN WITNESS WHEREOF, the City and the Redeveloper have executed this Memorandum of Agreement for Private Redevelopment as of the day of , 201 _. (SEAL) EXECUTION VERSION 53 CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: Marian K. Karr, City Clerk CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Manager, LLC, a Delaware limited liability company, its manager By: CA Student Living Operating Company, LLC, a Delaware limited liability company, its managing member an Name: Thomas M. Scott Title: Chief Executive Officer STATE OF IOWA COUNTY OF JOHNSON On this day of, 20_, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa EXECUTION VERSION 54 STATE OF )SS COUNTY OF This instrument was acknowledged before me on this day of , 20_, by Thomas M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as managing member of CA Student Manager, LLC, as manager of CASL Holdings, LLC. Notary Public in and for the State of EXECUTION VERSION 55 EXHIBIT K OPINION OF COUNSEL City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and CASL Holdings, LLC Dear City Representatives: We have acted as counsel for CASL Holdings, LLC., a Delaware limited liability company (the "Company"), in connection with the execution and delivery of a certain Agreement for Private Redevelopment (the "Redevelopment Agreement'l between the Company and the City of Iowa City, Iowa (the "City") dated as of , 2015. We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the following: (a) The organization and operating agreement of the Company; (b) Resolutions of the Company at which action was taken with respect to the transactions covered by this opinion; (c) The Redevelopment Agreement; and such other documents and records as we have deemed relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: 1. The Company was duly organized and validly exists as a limited liability company under the laws of the State of and is qualified to do business in the State of Iowa. The Company has full power and authority to execute, deliver and perform in full the Redevelopment Agreement; and the Redevelopment Agreement was duly and validly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Company enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 2. The execution, delivery and performance by the Company of the Redevelopment Agreement and the carrying out of the terms thereof, will not result in violation of any provision EXECUTION VERSION 56 of, or be in default under, the articles of organization and operating agreement of the Company or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to which the Company is a party or by which it or its property is bound or subject. I To our knowledge, there are no actions, suits or proceedings pending or threatened against or affecting the Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective) , financial position or results of operations of the Company or which in any manner raises any questions affecting the validity of the Agreement or the Company's ability to perform its obligations thereunder. Sincerely, EXECUTION VERSION 57 r 07-27-1 CITY OF IOWA CITY 11 MEMORANDUM Date: July 16, 2015 To: Thomas Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Coordinator Re: City Council meeting on July 27 — Resolution Adopting the FY16 Annual Action Plan Amendment #1 Introduction A resolution considering approval of the FY16 Annual Action Plan Amendment #1 will be considered at the July 27, 2015 City Council meeting. The amendment exchanges the sources of funds for two projects from FY2016 CDBG funds to HOME funds and vice versa. History/ Background Mayor's Youth Employment Program (MYEP) was allocated $60,000 in CDBG funds and CHARM Homes, LLC was allocated $61,650 in HOME Program funds in FY16. The City is currently under a HOME commitment shortfall and must commit HOME funds to eligible HOME projects by July 31, 2015 or risk losing the actual shortfall amount to the Department of Housing and Urban Development (HUD). Mayor's Youth identified two properties to acquire. Staff completed the necessary environmental review, market analysis and underwriting review and could commit these funds after Council approval as it is a HOME eligible activity. The Housing and Community Development Commission was informed of the switch in source of funds between Mayor's Youth and Charm Homes at their June 18, 2015 meeting. The activity and amount awarded does not change, only the source of funds. Discussion of Solution The proposed amendment will change the source of funds for Mayor's Youth to HOME funds and change Charm Home's $61,650 HOME allocation to CDBG (see Exhibit A). This will enable the City to commit these funds by the July 31 deadline. Recommendation Staff proposes amending the source of funds for two projects in the FY16 Annual Action Plan to enable MYEP to commit HOME funds and meet the City's commitment deadline. This amendment will exchange $60,000 in CDBG funds for HOME funds for the MYEP project and exchange $61,650 in HOME funds for CDBG funds for the CHARM Homes LLC project (Exhibit A). To date, the City has received no written comments from the public concerning the FY16 Annual Action Plan Amendment. Fiscal Impact These funds represent HOME and CDBG entitlement funds from the U.S. Department of Housing and Urban Development. If you have any questions about the amendment please contact me at 356-5230 or at tracy- hightshoe@iowa-city.org. I also plan to be present at the Council meeting for any questions. C:\Users\mkarr\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlooMOV1 N9JGE\Counci1 memo.doc Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 15-251 RESOLUTION ADOPTING IOWA CITY'S FY16 ANNUAL ACTION PLAN AMENDMENT #1, WHICH IS A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City proposes to amend the Annual Action Plan by switching the source of funds for two housing projects; WHEREAS, according to CITY STEPS, said amendment is considered a substantial change to the FY16 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information soliciting public input at the July 27, 2015 City Council meeting on the proposed Amendment #1; and WHEREAS, the FY16 Annual Action Plan Amendment #1 contains the allocation of HOME and CDBG funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY16 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY16 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City's Amendment #1 to the FY16 Annual Action Plan, copies of which are filed in the Neighborhood and Development Services Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY16 Annual Action Plan to the U.S. Department of Housing and Urban Development to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 27th day of July , 2015. ATTEST: Ap�� /l���n� Q�LI� CITY CLERK City Attorney's Office Resolution No. 15-251 Page 2 It was moved by Botchway and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton EXHIBIT A FY16 Annual Action Plan Substantial Amendment #1 July 2015 City of Iowa City staff proposes amending the FY16 Annual Action Plan due to unanticipated HOME program income. Due to the upcoming HOME commitment deadline of July 31, the City needs to commit HOME funds to eligible projects immediately. Mayor's Youth Employment Program (MYEP) was awarded FY16 Community Development Block Grant funds and has accepted purchase options on two properties for rental housing (Single Resident Occupancy) acquisition. Staff proposes amending the source of funds for two projects in the FY16 Annual Action Plan to enable MYEP to commit HOME funds and meet the City's commitment deadline. This amendment will exchange $60,000 in CDBG funds for HOME funds for the MYEP project and exchange $61,650 in HOME funds for CDBG funds for the CHARM Homes LLC project. The proposed amendment is detailed on the following page. The City Council will consider this recommendation on July 27 following a 30 -day public comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Tracy Hightshoe http://www.icgov.org/actionplan Neighborhood Services Coordinator 410 E. Washington Street Iowa City, IA 52240 319.356.5244 Tracy-Hightshoe@iowa-city.org Proposed Amendment Project Name Mayor's Youth Empowerment Program Home Project Target Area Goals Supported Increase the supply of affordable rental housing Needs Addressed Expanding Affordable Rental Housing Funding HOME: $60,000 Description Acquisition of up to two properties containing three bedrooms each. Targeted groups are the elderly and those with disabilities. Target Date 5/31/2016 Estimate the number and type of families that will benefit from the proposed activities 3 persons with disabilities. 0-30% MFI: 100% Location Description 3335 Shamrock Drive; 403 Elmridge Avenue Planned Activities Property acquisition Project Name CHARM Homes LLC, Affordable Rental Housing Target Area Goals Supported Increase the supply of affordable rental housing Needs Addressed Expanding Affordable Rental Housing Funding CDBG: $61,650 Description The applicant proposes to acquire two properties with four single room occupancy units each for a total of eight units. Targeted groups are the elderly and those with disabilities. Target Date 5/31/2016 Estimate the number and type of families that will benefit from the proposed activities 8 units for elderly and those with disabilities. 0-30% MFI: 75 percent 31%-50% MFI: 25 percent Location Description To be determined Planned Activities Property acquisition Location Map - _, • —.l q� 340TH PPY --SICKENS k'kESERYE Publication Notice Iowa City Press Citizen July 16, 2015 PUBLIC MEETING NOTICE FY15 Annual Action Plan Amendment #2 and FY16 Annual Action Plan Amendment #1 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY15 Annual Action Plan Amendment #2 and FY16 Annual Action Plan Amendment #1 on July 27, 2015. The meeting will be held at City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The Annual Action Plans are a portion of Iowa City's Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The Annual Action Plan outlines proposed activities and their budgets. FY15 Amendment #2: Due to unanticipated HOME program income, the City proposes to use $150,000 in HOME funds to acquire two housing units by The Housing Fellowship for rental housing for income eligible residents. FY16 Plan Amendment #1: This amendment proposes to use $60,000 in HOME funds for the Mayor's Youth Employment Program project to acquire property for affordable rental and $61,650 in CDBG funds for CHARM Homes LLC to acquire two properties for affordable rental. The total federal funds for each project will remain the same; the sources of funding are being switched between HOME and CDBG funds. Copies of the proposed amendments are available from the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available by calling 356-5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356- 5230 or 356-5493 TTY at least seven (7) days prior to the meeting. Public Comments Received with Staff Response The 30 -day public comment period for the FY16 Annual Action Plan Amendment #1 starts June 25, 2015 and ends July 27, 2015. The City Council is holding a public meeting on July 27, 2015. Comments Received: None Staff Response: N/A r L-zf- IIIItt CITY OF IOWA CITY 1215 %r Z.,, ,N MMORANDUME Date: July 14, 2015 To: Thomas Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Coordinator Re: City Council meeting on July 27 — Resolution Adopting the FY15 Annual Action Plan Amendment #2 Introduction A resolution considering approval of the FY15 Annual Action Plan Amendment #2 will be considered at the July 27, 2015 City Council meeting. The amendment allocates HOME funds to one project: The Housing Fellowship for the acquisition of two existing properties for affordable rental housing. History/ Background The City received unanticipated HOME program funds from the repayment of two HOME loans in April and June of 2015. The City must commit these funds to a project by July 31, 2015 or risk losing them due to a HOME commitment shortfall. To commit HOME funds based on HUD's requirements, the applicant must have site control and an environmental review, market analysis, and underwriting review must be completed. The applicant must also enter a HOME agreement with the City. The City must complete an Action Plan Amendment as these are new funds and an environmental review must be completed. Both of these items have mandatory public comment periods that can go up to 30 days. Staff wanted to ensure that these funds were available for rental housing projects in our community, as opposed to being returned to HUD. Due to the extremely short deadline, the City did not have the time to go through its normal process. The City approached The Housing Fellowship (THF), a Community Housing Development Organization (CHDO), due to their knowledge of HOME rules and capacity to administer HOME projects as well as the large need for affordable rental as identified in the City's Housing Market Analysis to acquire two properties based on Council approval. THF immediately looked for properties and signed a purchase offer for 1896 N. Dubuque Road. Recently they signed another purchase agreement for 2336 Abbey Lane, subject to Council approval. This will enable staff to commit $150,000 in HOME funds by July 31. The Housing and Community Development Commission (HCDC) met on June 18, 2015. There was a concern about the process of selecting one housing provider and not allowing all housing providers to submit an application for these funds. HCDC recommended the allocation of $93,750 in HOME funds to THF to acquire 1896 N. Dubuque Road and placing $56,250 in a separate funding round available to all interested housing providers. Discussion of Solution Due to the deadline for committing these funds, a typical application cycle was not feasible. The City risked HOME funds being returned to the Department of Housing and Urban Development (HUD). If approved by Council, funds will be committed to this project by the July 31 HOME commitment deadline. C:\Users\mkarr\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\0V1 N9JGE\Council memo rev.doc July 16, 2015 Page 2 Recommendation Staff recommends THF receive the proposed $150,000 HOME award to secure two properties. THF has signed purchase offers, the sites comply with the Affordable Housing Location Model and are in locations with few affordable housing opportunities. THF has been awarded funding from the Housing Trust Fund of Johnson County to acquire two sites. All funding has been secured to proceed with this project. At the July 27 meeting, we are asking that City Council consider approval of the FY15 Annual Action Plan Amendment #2 as recommended by staff. To date, the City has received no written comments from the public concerning the FY15 Annual Action Plan Amendment. Fiscal Impact These funds represent HOME entitlement funds from the U.S. Department of Housing and Urban Development. If you have any questions about the amendment please contact me at 356-5230 or at tracy- hightshoe@iowa-city.org. I will also be present at the Council meeting for any questions. Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 15-252 RESOLUTION ADOPTING IOWA CITY'S FY15 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB -PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City proposes to amend the Annual Action Plan by allocating $150,000 in HOME funds to The Housing Fellowship to acquire two affordable housing units; and WHEREAS, according to CITY STEPS, said amendment is considered a substantial change to the FY15 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information for public input at the July 27, 2015 City Council meeting on the proposed Amendment #2; and WHEREAS, the FY15 Annual Action Plan Amendment #2 contains the allocation of HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY15 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY15 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City's Amendment #2 to the FY15 Annual Action Plan, copies of which are filed in the Neighborhood and Development Services Department, are hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY15 Annual Action Plan to the U.S. Department of Housing and Urban Development to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 27th day of July 2015. MAYOR ATTEST: CITY CLERK Approved 94�� City Attorneys Office 10-,. Resolution No. Page 2 15-252 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton EXHIBIT A FY15 Annual Action Plan Substantial Amendment #2 July 2015 City of Iowa City staff proposes amending the FY15 Annual Action Plan due to unanticipated HOME program income. The Housing and Community Development Commission (HCDC) considered a recommendation to City Council on a new project for the allocation of HOME funds on June 18. Due to the City's HOME Commitment Deadline of July 31, the City needs a project that can be undertaken immediately. The Housing Fellowship proposes to acquire two existing housing units at 1896 North Dubuque Road and 2336 Abbey Lane for affordable rental housing to income eligible tenants. The City Council will consider this recommendation on July 27 following a 30 -day public. comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Tracy Hightshoe http://www.icgov.org/actionpIan Neighborhood Services Coordinator 410 E. Washington Street Iowa City, IA 52240 319.356.5244 Tracy-Hightshoe@iowa-city.org Applicant's Name: The Housing Fellowship Priority Need: Acquisition of existing residential units for rental housing Project Title: Rental Housing Acquisition Project Description: Community Housing Development Organization will Type of Recipient acquire existing housing units for rental housing to income CHDO eligible tenants. Local Objective: Acquire rental properties that will be leased to income 7/28/2015 eligible non -student rental households. Location: 3.896 North Dubuque Road and 2336 Abbey Lane, Iowa Housing Units 2 City Objective Number Project ID DH -2 59.32 HUD Matrix Code CDBG Citation 01 Type of Recipient CDBG National Objective CHDO Start Date Completion Date 7/28/2015 6/30/2016 Performance Indicator Annual Units Housing Units 2 2 Local ID Units Upon Completion 2015.32 2 The primary purpose of the project is to help: ❑the Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs Funding Sources: ............................................................... CDBG $0 ............................................................... HOME $150,000 ............................................................... Private Funds $230,000 ............................................................... 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P' Y a G� e ( SWIIpYIa AR i Hylk Elva � Iowa CSy M. - $zMur{A o Qly n - Publication Notice Iowa City Press Citizen Publish on July 16, 2015 PUBLIC MEETING NOTICE FY15 Annual Action Plan Amendment #2 and FY16 Annual Action Plan Amendment #1 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY15 Annual Action Plan Amendment #2 and FY16 Annual Action Plan Amendment #1 on July 27, 2015. The meeting will be held at City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's 2011-2015 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The Annual Action Plan outlines proposed activities and their budgets. FY15 Amendment #2: Due to unanticipated HOME program income, the City proposes to use $150,000 in HOME funds to acquire two housing units by The Housing Fellowship for rental housing for income eligible residents. FY16 Plan Amendment #1: This amendment proposes to use $60,000 in HOME funds for the Mayor's Youth Employment Program project- to acquire property for affordable rental and $61,650 in CDBG funds for CHARM Homes LLC to acquire two properties for affordable rental. The total federal funds for each project will remain the same; the sources of funding are being switched between HOME and CDBG funds. Copies of the proposed amendments are available from the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available by calling 356-5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356-5230 or 356-5493 TTY at least seven (7) days prior to the meeting. Public Comments Received with Staff Response The 30 -day public comment period for the FY15 Annual Action Plan Amendment #2 started June 25, 2015 and ended July 27, 2015. The City Council held a public meeting on July 27, 2015. Comments Received: The Housing and Community Development Commission (HCDC) met on June 18, 2015. There was a concern about the process of selecting one housing provider and not allowing all housing providers to submit an application for these funds. HCDC recommended the allocation of $93,750 in HOME funds to The Housing Fellowship (THF) to acquire 1896 North Dubuque Road for affordable rental housing and placing $56,250 in a separate funding round available to all interested housing providers. Staff Response: The City received unanticipated HOME program funds from the repayment of two HOME loans in April and June of 2015. Regency Heights repaid the balance of their loan of $90,432 on April 29, 2015 due to an ownership change and Extend the Dream repaid $55,208 due to the sale of their property on June 2, 2015. The City must commit these funds to a project by July 31, 2015 or risk losing them. To commit HOME funds based on HUD's requirements, the applicant must identify a site, complete an environmental -review, market analysis, and underwriting review as well as enter a HOME agreement with the applicant. The City must go through an Action Plan Amendment and an environmental review which takes at least 30 days. Due to the extremely short deadline, the City did not have the time to go through its normal process. The City approached The Housing Fellowship (THF), a Community Housing Development Organization (CHDO), due to their knowledge of HOME rules and capacity to administer HOME projects as well as the large need for affordable rental as identified in the City's Consolidated Plan and the City's Housing Market Analysis to acquire two properties based on Council approval. THF has a signed purchase option on the North Dubuque Road property. Funds will be committed to this project by the July 31 HOME commitment deadline based on City Council approval. Staff recommends THF retain the proposed $150,000 HOME award to secure a second property. THF will apply to the Housing Trust Fund of Johnson County and believes an application for two properties will improve their chances of funding as opposed to an application for one home. The City will also be completing another amendment to alter the funding source for two other FY16 approved housing projects. Mayor's Youth has identified two properties to acquire and staff can commit these funds by July 31 with a FY16 amendment. Their funding source was identified as CDBG. The proposed amendment will change the source of funds to HOME and change Charm Home's $61,650 HOME allocation to CDBG. This will enable the City to commit all the required HOME funds by July 31 and not have to return any funds. F3 Publish 7/3 NOTICE TO BIDDERS 2015 WILLOW CREEK/KIWANIS PARK IMPROVEMENTS PROJECT PHASE 1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10th day of July, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27th day of July, 2015, or at special meeting called for that purpose. The Project will involve the following: Removal of existing HMA trail/installation of PCC trail, construction of park restroom, utility connections, and site restoration. All work is to be done in strict compliance with the plans and specifications prepared by HBK Engineering, LLC of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: August 3, 2015 Completion Date: October 16, 2015 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies_ of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City of Iowa City Engineering Division, Iowa City, Iowa, by bona fide bidders. A $25 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa_ Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK NOTICE TO BIDDERS 2015 WILLOW CREEK/KIWANIS F IMPROVEMENTS PROJECT PHASE 1 Sealed proposals will be received Py the City Clerk of the City of Iowa City, lowV, until 3:00 P.M. on the 8th day of July, 2016. S aled propos- als will be opened immediately th eafter by the City Engineer or designee. Bids s semiffed by fax machine shall not be deemed a aled bid" for purposes of this Project. Propos s received after this deadline will be returne to the bidder unopened. Proposals will be cted upon by the City Council at a meeting to b held in the Emma J. Harvat Hall at 7:00 P.M. n the 27th day of July, 2015, or at special m eting called for that purpose. The Project will involve th following: Removal of existing A trail/installation of PCC trail, co struction of park restroom, utility nections, and site All ork is to be do a in strict compliance with the p ns and spec' ications prepared by HBK Engine ing, LLC o Iowa City, Iowa, which have hereto been proved by the City Council, and are on le for ublic examination in the Office of the City Cl k. Each propos shall be completed on a form furnished by t e ity and must be accompanied in a sealed nv ope, separate from the one containing t e prop al, by a bid bond executed by a c ration a orized to contract as a surety in a State of I a, in the sum of 10% of the bid. a bid security all be made payable to the TR ASURER OF THE ITY OF IOWA CITY, IOWA and shall be forfeite to the City of Iowa City ' the event the succes ul bidder fails to ent into a contract within ten ( ) calendar days of a City Council's award of t contract and p t bond satisfactory to the City nsuring the f ithful performance of the contract d mainte- ance of said Project, if required, puts nt to the provisions of this notice and the other ntract documents. Bid bonds of the lowest two o more bidders may be retained for a period of n t to exceed fifteen (15) calendar days following a rd of the contract, or until rejection is made. Oth bid bonds will be returned after the canvass an tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: August 3, 2015 Completion Date: October 16, 2015 iquidated Damages: $500 per day e plans, specifications and proposed contract doc ments may be examined at the office of the City ler'. Copies of said plans and specifi- cation and form of proposal blanks may e secure at the Office of City of Iowa ity Enginee g Division, Iowa City, Iowa, by ona fide bidde A $25 ref dable fee is required for a ch set of plans and s ecifications provided to idders or other interest persons. The fees II be in the form of a chec , made payable t City of Iowa City. Prospective bid rs are advis d that the City of Iowa City desires t employ inority contractors and subcontractors n City rojects. A listing of minority contractors n e obtained from the Iowa Department of In ections and Appeals at (515) 281-5796 and Iowa Department of Transportation Cont r cts Office at (515) 239- 1422. Bidders shall lis on the F m of Proposal the names of pers s, firms, panies or other parties with w m the bidder i ends to subcon- tract. This lis shall include the t e of work and approximat subcontract amount(s The Co tractor awarded the ntract shall submit list on the Form of Agree ent of the propos d subcontractors, together w quanti- ties, it prices and extended dollar amo ts. By irtue of statutory authority, preferen must be given to products and provisions grow and al produced within the State of Iowa, an to owa domestic labor, to the extent lawfully e- quired under Iowa Statutes. The Iowa recipro resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 13 Prepared by: Michael Moran, Director, Parks & Recreation Department, 220 S. Gilbert St. Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 15-253 RESOLUTION REJECTING BIDS RECEIVED ON JULY 10, 2015 FOR THE WILLOW CREEK/KIWANIS PARK RENOVATION PROJECT. WHEREAS, 3 bids were received on July 10, 2015 for the Willow Creek/Kiwanis Park Renovation Project, and all bids exceeded budgeted costs available for the project; and WHEREAS, as a matter of public interest, the Department of Parks and Recreation recommends that the Council reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: All bids received on July 10, 2015 for the Willow Creek/Kiwanis Park Renovation Project are hereby rejected. Passed and approved this ATTEST: CITY -CLERK 27th day of July , 20 15 ��� A 11 MAYOR Approved by It was moved by Mims and seconded by adopted, and upon roll call there were: qa�A" 4 -d I - t �� City Attorney's Office Botchway the Resolution be AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton