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Home My WebLink About2015-12-15 Resolution4d(1) writ Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 15-372 RESOLUTION ACCEPTING THE DEDICATION OF HUMMINGBIRD LANE, ADJACENT TO LOT 1 OF HOYLE'S FIRST SUBDIVISION AND LOTS 2-4, SCHNOEBELEN SUBDIVISION, IOWA CITY, IOWA, AS PUBLIC RIGHT-OF-WAY. WHEREAS, a portion of Hummingbird Lane adjacent to Lot 1, Hoyle's First Subdivision and Lots 2-4, Schnoebelen Subdivision, Iowa City, Iowa lying south of Lower West Branch Road, has been improved to City street design standards, has been maintained by the City, and used by the public as right-of-way; and WHEREAS, a plat of survey for this right-of-way has been recorded at Book 59, Page 313, in the plat records of the Johnson County, Iowa Recorder; and WHEREAS, this roadway was never platted or dedicated to the City during a subdivision process; and WHEREAS, the owner, Plum Grove Acres, Inc., desires to convey to the City a deed for this land so that it may be owned by the City and used as public right-of-way, consistent with its current use; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced 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 owner's expense. Passed and approved this 15th day of December , 2015. MAYOR ATTEST: CITY�-CLERK Ap roved by ��C City Attorney's Office 1i�-2 CORPORATE SEAL ReSGluilon Ne. (Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Dobyns the ARSE NT: Botchway Dickens Dobyns Hayek Mins Payne Thrognorlon s'rn f r QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form #106 Recorder's soewa o. Cover Sheet Preparer Information: (Name, address and phone number) Kirsten H. Prey, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 522.44, Phone: (319) 351-8181 Taxpayer Information: (Name and complete address) City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240 Return Document To: (Name and complete address) City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240 Grantors: Plum Grove Acres, Inc. Grantees: City of Iowa City Legal description: See Page 2 Document or instrument number of previously recorded documents: TheIowa state far 0.ssacio:ion 2005 IGNAOOBS0 THE IOWA STATE BAR ASSOCIATION erfzciei Form No. 106 Kirsten H. Frey FORTH E LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER C �' It QUIT CLAIM DEED �,' ti� ocr,avj For the consideration of One Dollm' $1.00--- Dollar(s) and other valuable consideration, Plum Grove Acres, Inc. do hereby Quit Claim to Cite of Towa City all our right, title, interest, estate, claim and demand in the following described real estate in Johnson County, Iowa: See 1 in Addendum Each of the undersigned hereby relinquishes 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: 41 20 �S P 1 GR VE ACRES, INC. berCBo c, Pr $\et (Grantor) (Grantor) Daniel Glasg CV Secret (Grantor) (Grantor) (Grantor) (Granter) STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me this (I day of (�J , by Robert Boyd, President of Plum Grove Acres, Inc., KIRSTEN H. FRE Signature of Notary Public �O"Numner 18025 MY Canmission Expire �d 12, 2pt8 0 The rn.Slalader A,,00utlon2013 Quit Clafm Dced lownoocscr 2586(l).17912015-10-08 a �haa A� �sI?_cIa ACKNOWLEDGMENTS FOR INDIVIDUALS STATE OF Iowa , COUNTY OF Johnson This record was acknowledged before me this 13th day of October 2015. , by Daniel ti�p'Ks Amalla Rand Signature of Nota Public i Camrmyeun Humber 7911E/ • • My CaenNWM Egft Juk 22 2018 STATE OF COUNTY OF This record was acknowledged before me this day of by STATE OF , COUNTY OF This record was acknowledged before me this STATE OF , COUNTY OF This record was acknowledged before me this day of Signature of Notary Public ,by Signature of Notary Public day of , by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this _ day of by Signature of Notary Public Addendum A PORTION OF THE NORTHWEST QUARTER OF I I IF SOUTHWESTQUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOIINSON COT NTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West, or the Fifth Principal Meridian; Thence NOV 19'24" W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet, to the Southwest Corner of the 5.16 Acre Tract depicted on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 31 of the Records of Johnson County Recorder's Office; Thence N89°40'57"E, along the South Lineof said 5.16 Acre Tract and the South Line of a 4.09 Acre Tract as depicted on said Plat of Survey, 719.70 feet, to the POINT OF BEGINNING; Thence N00° 17'38"W, 42.53 feet; Thence Northwesterly, 9.48 feet, along a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord bears NO2°27'59"W; Thence N04°38'20"W, 99.92 feet; Thence Northwesterly, 189.82 feet along a 2525.00 foot radius curve, concave Northeasterly, whose 189.77 foot chord bears NO2'29'07 "W; Thence N00°19'54"W, 151.57 feet; Thence N21°42'52"W, 41.41 feet to a Point on the Southerly Right -of -Way Line of Lower West Branch Road; Thence S87°08'01 "E, along said Southerly Right -of -Way Line, 80.13 feet, to the Northwest Corner of Lot 1 of Hoyle's First Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 100 of the Records of the Johnson County Recorder's Office; Thence S00°20'15"E, along the West Line of said Lot 1, and the West Line of Schnoebelen Subdivision, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 332 of the Records of the Johnson County Recorder's Office, 526.94 feet, to the Southwest Corner of said Smroebeten Subdivision and the Northeast Corner of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 155 of the Records of the Johnson County Recorder's Office; Thence S89°40'57"W, along the North Line of said Scott Boulevard East - Part Four, a distance of 50.00 feet, to the Point of Beginning. Said Right -of -Way Acquisition Parcel contains 0.74 Acre (32,304 square feet), and is subject to easements and restrictions of record. A plat of survey containing the above described property is recorded in Bk. 59, page 313, in records of the Johnson County, Iowa Recorder. This deed is exempt from groundwater hazard and declaration of value requirements. Consideration is less than $500.00 I-fd C5) Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 15-373 RESOLUTION ADOPTING IOWA CITY'S FY16 ANNUAL ACTION PLAN AMENDMENT #2, 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 adding three new 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 December 15, 2015 City Council meeting on the proposed Amendment #2; and WHEREAS, the FY16 Annual Action Plan Amendment #2 contains the allocation of 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 #2 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 15th day of December , 2015. Approved by ATTEST: CRK� n MAYOR City Attorneys Office Resolution No. ]Page 2 15-373 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: ]MAYS: Dobvns ABSENT: Botchway Dickens Dobyns Hayek Mims the x Payne x Throgmorton EXHIBIT A FY16 Annual Action Plan Substantial Amendment #2 Revised December 111 2015 The City of Iowa City received unanticipated CDBG (Community Development Block Grant) program income totaling over $200,000 upon the sale of two CDBG assisted properties owned by Community Mental Health Center and the Extend the Dream Foundation. Staff conducted a mid -year funding round for the $200,000 available in CDBG funds. In addition, Bilam Properties LLC (a Southgate entity) requests to repay the $600,000 CDBG loan awarded to Wetherby Condos South LLC used to rehabilitate 94 condos at 1956, 1958 and 1960 Broadway (formerly Broadway Condos). They request these funds be reallocated to Bilam Properties LLC (a Southgate entity) to rehabilitate 53 condominium units at Walden Ridge (off Mormon Trek Boulevard). The City proposes amending the FY16 Annual Action Plan to include three new projects totaling $699,998. The proposed amendment is detailed on the following page. HCDC recommended an allocation of $100,002 to Preludes Services; however on December 11, 2015, the applicant withdrew their application. These funds will be allocated upon our upcoming FY17 funding round. FY17 CDBG and HOME applications are due January 15, 2016. The City Council will consider this recommendation on December 15 following a 30 -day public comment period and the amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) following 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 The Housing Fellowship Rehab Project Target Area Goals Supported Increase the supply of affordable rental housing Needs Addressed Expanding Affordable Rental Housing Funding CDBG: $49,998 Description Rehab of two rental properties for income qualified tenants Target Date 1/15/2017 Estimate the number and type of families that will benefit from the proposed activities Two households. 0-80% MFI: 100% Location Description 2700 Wayne Avenue and 1017 Dover Street Planned Activities Rental rehab Project Name Walden Ridge Rehab Target Area Goals Supported Increase the supply of affordable rental housing Needs Addressed Expanding Affordable Rental Housing Funding CDBG: $600,000 Description Rehab of up to 53 rental housing units for income qualified tenants. Target Date 1/15/2017 Estimate the number and type of 53 households. families that will benefit from the 0-80% MFI: 100% proposed activities Location Description Bittersweet Court units 2450, 2446, 2442, 2438, 2428, 2419, 2415, 2411, 2407 Clearwater Court units 2574, 2570, 2566, 2562, 2556, 2552, 2548, 2544, 2538, 2534, 2530, 2526, 2520, 2516, 2512, 2508 Shady Glen Court units 2426, 2422, 2418, 2400, 2431, 2404, 2408, 2412, 2419, 2423, 2427 Sylvan Glen Court units 2568, 2564, 2560, 2556, 2550, 2532, 2520, 2565, 2561, 2557, 2553, 2565, 2561, 2557, 2553, 2547, 2543, 2539, 2535, 2521, 2517 Planned Activities Rental rehab Project Name Systems Unlimited Target Area Goals Supported Increase the supply of affordable rental housing Needs Addressed Expanding Affordable Rental Housing Funding CDBG: $50,000 Description Acquisition of a three-bedroom home for three Single Room Occupancy units. Targeted groups are those with disabilities. Target Date 1/15/2017 Estimate the number and type of families that will benefit from the proposed activities 3 persons with disabilities. 0-30% MFI: 100% Location Description To be determined Planned Activities Property acquisition n II i C 41 r a U V c P E > m to 0 • a L40 a 21 4) g Dover St �■ c 'C CC r 3 c h • ? 'o in Z� y m • O • 10 � O�slN O S1st Ave u i moo` e V 0 4> " a O r d _ 2 Z w a y`oc� �� Sycamore St in ii u W /pssnti 5E r a Davis Si �/^ W 4� -. N N Governor St � 4 N IS abP°0 S $ a is 4NIOO11 rn 2 u N Gilbert St S Gilbert St a° a � IS anbngnp N��. S Dubuque St S Gilbett St N Clinton St ► S Clinton St a � E S Capitol St Dt r; rn Wf c wetside Dr a % Ly s 3S ph im is aal v, J c'N U v til = y c b O T p Y Q h = •C w C� C S c H c L�l H Sunset St n 10 A O� n C4 S finersld St wm Westgate St U y = F rts N O x 'E fi r ca ■� M U . w _ CL `{ i •' 0 N� { z N Publication Notice Iowa City Press Citizen December 4, 2015 PUBLIC MEETING NOTICE FY16 Annual Action Plan Amendment #2 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY16 Annual Action Plan Amendment #2 on December 15, 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 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. The FY2016 Action Plan Amendment #2 proposes adding the following CDBG funded projects due to unanticipated program income: The Housing Fellowship, $49,998 in CDBG funds to rehab two existing affordable rental units; Systems Unlimited, $50,000 in CDBG funds to purchase a three-bedroom home for people with disabilities; Prelude Behavioral Services, $100,002 in CDBG funds to acquire 1925 Boyrum Street for public services; and Bilam Properties LLC, $600,000 to rehab 53 affordable rental units at Walden Ridge townhomes off of Mormon Trek Boulevard. 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. Publication Notice Iowa City Press Citizen December 4, 2015 The 30 -day public comment period for the FY16 Annual Action Plan Amendment #2 starts November 13, 2015 and ends December 15, 2015. The City Council is holding a public meeting on December 15, 2015. Comments Received: None Staff Response: N/A EXHIBIT A FY16 Annual Action Pla Substantial Amendme t #2 December 201 The City of Iowa City recei ed unanticipated CDBG (Co munity Development Block Grant) program income totaling ov r $200,000 upon the sale f two CDBG assisted properties owned by Community Mental Health enter and the Extend he Dream Foundation. Staff conducted a mid -year funding round for the 200,000 available i CDBG funds. In addition, Bilam Properties LLC (a Southgate entity) requests o repay the $60 ,000 CDBG loan awarded to Wetherby Condos South LLC used to rehabilit to 94. condos t 1956, 1958 and 1960 Broadway (formerly Broadway Condos). They request th se funds b reallocated to Bilam Properties LLC (a Southgate entity) to rehabilitate 53 co domini m units at Walden Ridge (off Mormon Trek Boulevard). The City proposes amending the FY16 AnnAal Action Plan to include four new projects totaling $800,000. The proposed amendment is d ta'led on the following page. The City Council will consider this reco mend tion on December 15 following a 30 -day public comment period and the amendment ill be su mitted to the U.S. Department of Housing and Urban Development (HUD) following ity Counc approval. Jurisdiction: City of Iowa City, to a Contact Person Jurisdiction Web Address: Tracy Hightshoe http://www.icgov.org/actionpla Veighborhood Services Coordinator 10 E. Washington Street I wa City, IA 52240 3 9.356.5244 Tr y-Hightshoe@iowa-city.org Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. RESOLUTION ADOPTING IOWA CITY'S FY16 ANNUAL ACTION PLAN AMENDME #2, WHICH IS A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), UTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFIC TIONS TO THE U.S. DEPARTMENT HOUSING AND URBAN DEVELOPME WHEREAS, the U.S. Department of Housi and Urban Development requires t City of Iowa City, Iowa, to prepare and submit an Annual Action PI as part of the City's Consolida d Plan (CITY STEPS) to plan for the use of federal funds to assist lowe income residents with housin , jobs and services; and WHEREAS, the City proposes to amend the Ann al Action Plan by addi three new housing projects and one new public facility project; WHEREAS, according to CITY STEPS, said amen ment is consi ered a substantial change to the FY16 Annual Action Plan and requires City Council appro I; and WHEREAS, the City has disseminated information licitin public input at the December 15, 2015 City Council meeting on the proposed Amendment #2; an WHEREAS, the FY16 Annual Action Plan Amendmen 2 contains the allocation of CDBG funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY16 Housing and Urban Development; and WHEREAS, the City Council finds that the FY16 Annual Action Plan. Plan is required by the U.S. Department of will be served by the adoption of the Amended NOW, THEREFORE, BE IT RESOLVE BY THE CITY CtUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's A ndment #2 to the FY16 nnual Action Plan, copies of which are filed in the Neighborhood and D velopment Services Dep, mein is hereby approved and adopted. 2. The City Manager Iowa City is hereby authori ed and directed to submit the applicable documentation for e City of Iowa City's Amend d FY16 Annual Action Plan to the U.S. Department of H sing and Urban Development t provide all the necessary certifications required by the U Department of Housing and Urban Development in connection with said Plan. Passed and approved t is day of , 2015. MAYOR Approved by ATTEST: CITY CLERK City Attorney's 0 e CITY OF IOWA CITY 4dCs! MEMORANDUM Date: December 11, 2015 To: Thomas Markus, City Manager From: Kristopher Ackerson, Community Development Planner Re: City Council meeting on December 15 — Update on Resolution Adopting the FY16Annual Action Plan Amendment #2 Introduction A resolution considering approval of the FY16Annual Action Plan Amendment #2 (see attached) will be considered at the December 15, 2015 City Council meeting. The original draft of the amendment, as published for public comment and review by the Housing and Community Development Commission, included $100,002 in CDBG funds for Prelude Behavioral Services. On Friday, December 11, 2015, Prelude CEO, Ron Berg, notified city staff that their property acquisition project has been canceled and their application withdrawn. Recommendation Staff recommends adopting Amendment #2 with three housing projects totaling $699,998 in Community Development Block Grant funds (see Exhibit A — revised December 11, 2015). The funds rescinded by Prelude totaling $100,002 will be apportioned during the fiscal year 2017 grant process underway now and awarded to a different project. If you have any questions about the amendment please contact me at 356-5230 or at Kristopher- Ackerson@iowa-city.org. C:\Users\mkarr\HppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OV1 N9JGE\Revised Council memo.doc Publication Notice Iowa City Press Citizen Publish on December 4, 2015 PUBLIC MEETING NOTICE FY16 Annual Action Plan Ahnendr The City Council will hold a comments, and consider a FY16 Annual Action Plan December 15, 2015. The City Hall, Emma Harvat H Street at 7:00 p.m. The Annual Action Plan Consolidated Plan (a.k. . Ac 'on Plan includes i or use f Community De (CDBG) d HOME In est funds for ousing, jobs, moderate in me p rson outlines propos ctiviti #2 blic meeting, accept roval of Iowa City's Amendment #2 on !eting will be held at 410 East Washington s a portion of Iowa City's CITY STEPS). The Annual mation on the proposed velopment Block Grant ment Partnership (HOME) and services for low- s. The Annual Action Plan es and their budgets. The FY2016 Actio an Amendment #2 proposes adding the follo ing ORBG funded projects due to unanticipated pr gram in ome: The Housing F lowship, $49, 98 in CDBG funds to rehab two exi ing affordable r tal units; Systems Unlimite(JBeavioral $ ,000 in CDBG fun to purchase a three-bhome for people Rh disabilities; Prelude Services, $100 2 in CDBG funds tre 1925 Boyrum Stree for public servicesBilam Properties LLC, $6 000 to rehab 5dable rental units at Walde Ridge townho of Mormon Trek Boulevard. Copies of the proposed amendments ark availa le from the Neighborhood and Dev opment Services Department, 410 East Wa ington Street; the Iowa City Public Library, 12 S. Linn Street; or on Iowa City's web site (ww.ic ov.or action Ian). Additional i formation 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 C:\Users\jvopariMppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3R4VESQD\Meeting Notice.doc 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. C:\Users\jvoparilWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3R4VESQD\Meeting Notice.doc r �`,1-. p°� CITY O F IOWA CITY 4d(5) MANit IftMEMORANDUM Date: December 4, 2015 To: Thomas Markus, City Manager From: Kristopheckerson, Community Development Planner Re: City Council m eting on December 15 — Resolution Adopting the FY16 Annual Action Plan Amendment #2 Introduction A resolution considering approva f the FY16Annual Action Plan Amendment #2 (see attached) will be considered at the December 15, 20 City Council meeting. The amendment allocates $800,000 in CDBG funds to four new projects. History/Background The City of Iowa City received unanticipated BG (Community Development Block Grant) program income totaling over $200,000 upon the sale o wo CDBG assisted properties own y Community Mental Health Center and the Extend the Dream undation. Staff conducted a Id -year funding round for the $200,000 available in CDBG funds. In addition, Bilam Properties LLC (a Southgate entity) re uests to re the $600,000 CDBG loan awarded to Wetherby Condos South LLC used to rehabilit a 94 ndos at 1956, 1958 and 1960 Broadway (formerly Broadway Condos). They request thes nds be reallocated to Bilam Properties LLC (a Southgate entity) to rehabilitate 53 condominiu nits t Walden Ridge (off Mormon Trek Boulevard). Discussion of Solution The Housing and Community Developm Commission (HCDC) consi ered new projects for the allocation of CDBG funds. The nine a ications included three housing rojects, five public facility projects, and one economic deve ment project. Applications were due n October 9, 2015. Recommendation At their October 22 me Ing, the Housing and Community Development Comml\ion(HCDC) voted unanimously in fav/ of funding the following projects. Applic t Type Request Recommendation Th ousing Fellowship Housing $49,998 $49,998 stems Unlimited Housing $150,000 $50,000 The Arc of Southeast Iowa Public Facility $70,000 - Crisis Center Public Facility $24,255 - CSCC Child Care Public Facility $35,000 - Fairmeadows Playground Public Facility $85,000 - Prelude Public Facility $200,000 $100,002 Towncrest Unlimited Econ. Dev. $112,000 - Bilam Properties LLC Housing $600,000 $600,000* Total $800,000 *Contingent upon Wetherby Condos South LLC repaying their $600,000 loan for the former Broadway Condos. C:\Users\mkarr\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0utlook\0VIN9JGE\Counci1 memo.doc December 4, 2015 Page 2 HCDC also recommended the request by Southgate with the following conditions: 15 -year amortization, 15 -year term, 3% interest, with a 15 -year compliance period. Payments would begin once the rehabilitation is completed. At the D ember 15 council meeting, staff recommends approval of the FY16 Annual Action Plan Amendme #2 as recommended by the HCDC. To date, the City has received no written comments regarding the Opposed projects. Fiscal Impact These projects will utilize DBG entitlement funds from t U.S. Department of Housing and Urban Development. If you have any questions about t e amendme please contact me at 356-5230 or at Kristopher- Ackerson@iowa-city.org. Publish on Friday, November 13, 2015 PUBLIC COMMENT PERIOD ON FY2016 ANNUAL ACTION PLAN AMENDMENT #2 The FY2016 Annual Action Plan is a portion of Iowa City's 2016-2020 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. If adopted, the FY2016 Action Plan Amendment #2 proposes adding the following CDBG funded projects due to unanticipated program income: The Housing Fellowship, $49,998 in CDBG funds to rehab two existing affordable rental units; Systems Unlimited, $50,000 in CDBG funds to purchase a three- bedroom home for people with disabilities; Prelude Behavioral Services, $100,002 in CDBG funds to acquire 1925 Boyrum Street for public services; Bilam Properties LLC, $600,000 to rehab 53 affordable rental units at Walden Ridge townhomes off of Mormon Trek Boulevard. Copies of the FY16 Annual Action Plan Amendment #2 are available at 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.ic,gov.org/actionplan). Additional information is available by calling 356-5230. The 30 -day public comment period regarding this Annual Action Plan amendment starts with the publication of this notice and ends on December 15, 2015. 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. 7L -L (c-/-) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-374 RESOLUTION APPROVING AN AGREEMENT TO PURCHASE 1109 5T" AVENUE. WHEREAS, staff has negotiated a purchase agreement with the owner of 1109 5t' Avenue for $73,000 contingent on City Council approval; WHEREAS, the owner is in default on the mortgage, and the UICCU intends to proceed with foreclosure; WHEREAS, the City has a $30,000 junior lien because it loaned the owner money to purchase the home for affordable housing; WHEREAS, if the lender forecloses, the City's lien will be extinguished; WHEREAS, there is an approximate $74,000 balance due on the UICCU loan, the property is assessed at $137,300, and the property recently appraised at $75,000; WHEREAS, the owner has vacated the house, has no other assets and is judgment proof; WHEREAS, the City should acquire the property, repair it, and convey it to an income eligible family. 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 City Manager is authorized to execute all documents necessary to purchase the property in accordance with the purchase agreement. Passed and approved this 15th day of December ATTEST: J CITY CLERK 2015. City Attorney's Office Resolution No. 15-374 ]Page 2 It was moved by Mims and seconded by Dobyns 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 g Throgmorton �Ww.I , 64 CITY OF IOWA CITY 4d(6) - - MEMORANDUM Date: December 8, 2015 To: Thomas M. Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Coordinator Re: Acquisition of 1109 5th Avenue Introduction: At the December 15 meeting, the City Council will vote on a resolution authorizing the acquisition of a single family home at 1109 5th Ave. The City intends to acquire this property, complete rehabilitation and sell the home to a household under 80% of median income for affordable homeownership. History/Background: In 1996 the City provided $30,000 in downpayment assistance to an income eligible household to purchase 1109 5th Avenue with City general funds. This was a demonstration project that focused on affordable modular housing. The homeowner signed a mortgage and promissory note that required repayment of the full amount upon sale of the property. The homeowner vacated the home several months ago and the mortgage company initiated foreclosure proceedings. The City has a signed purchase agreement with the homeowner to purchase the property for $73,000; the approximate value of the outstanding principal balance minus estimated closing costs, subject to City Council approval. The home is currently assessed for $137,300; however the most current appraisal indicates a value of $75,000. Discussion of Solutions: To prevent the loss of the City's initial investment, the City will acquire and anticipates investing approximately $30,000 in rehabilitation in the home. The City hopes to sell the home for $130,000-$140,000 depending on the actual rehabilitation costs. First preference will be given to homebuyers under 80% of area median income (a household of two can make up to $52,650; a household of four can make up to $65,800). Financial Impact: Affordable Dream Homeownership Program (ADHOP) funds through the Iowa City Housing Authority will be used to acquire and rehabilitate the property. Housing Rehabilitation staff will complete the bid documents and provide project oversight. Upon the sale of the home, the ADHOP funds will be repaid and the balance of proceeds will return to the City's general fund. Recommendation: Staff recommends acquiring the home to maintain the City's investment in this home as a safe, decent, affordable home available to an income eligible household. If the house proceeds to foreclosure, the City's $30,000 lien would be extinguished. The City may not recover the full $30,000 in general funds, but will recover to the extent possible, while maintaining a safe, decent house in a low -moderate income neighborhood. Cc: Doug Boothroy Steve Rackis 5-15 4d(7) Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-375 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST LEASE AMENDMENT NO. 1 WITH THE IOWA CITY AREA DEVELOPMENT GROUP TO EXTEND THE LEASE OF THE GROUND FLOOR COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. WHEREAS, the City owns ground floor commercial space within the Iowa City Public Library (Library) suitable for leasing out; and WHEREAS, the City has previously approved a short-term lease of this space (running until December 31, 2015) to the Iowa City Area Development Group (ICAD) for their work in economic development; and WHEREAS, the City has approved, subject to Council approval, a longer-term lease for both the ground -floor and basement commercial space within the Library, but the current tenant in the basement, the University of Iowa, wishes to continue to occupy the basement until February 29, 2016; and WHEREAS, because the long-term lease will not begin until March 1, 2016, an extension of the short-term lease for the ground floor space is needed for ICAD to continue its occupancy; and WHEREAS, ICAD and the City have negotiated a Lease Amendment No. 1, which will extend the term for the ground floor space through February 29, 2016, and additionally grant ICAD with limited access to the basement commercial space to prepare for their eventual occupancy of both spaces. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Lease- Amendment No. 1 is approved. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Lease attached hereto. Passed and approved this 15th day of December 12015 MAYOR Approved by r C� ATTEST: CITY LERK City Attorney's Office Resolution leo. 15-375 (Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: MAIM ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton LEASE — AMENDMENT NO. 1 THIS LEASE AMENDMENT, MADE AND ENTERED INTO THIS _L5_ day of December , 2015, by and between the City of Iowa City (hereinafter, "LANDLORD") whose address for the purpose of this lease is 123 South Linn Street, Iowa City, IA 52240, and the Iowa City Area Development Group, Inc. (hereinafter, "TENANT"), whose address for the purpose of this lease is 136 S. Dubuque Street, Iowa City, IA 52242. RECITALS: That the LANDLORD and TENANT entered a lease dated the 6th day of October, 2015, with a term ending on December 31, 2015; That the LANDLORD and TENANT now wish to extend the lease through February 29, 2016 under the same terms and conditions; That during the period of this extension, TENANT also will be allowed limited access to the basement commercial space in the Iowa City Public Library, so as to effectuate their development and subsequent occupation of that space. WITNESSETH: Paragraph No. 3 is hereby amended to read as follows: 3. TERM. The term of this Lease ("Term") shall be from October 1, 2015 through February 29, 2016. New Paragraph No. 24A is hereby added as follows: 24A. TENANT ACCESS TO BASEMENT COMMERCIAL SPACE. Tenant is permitted intermittent access to the Library's basement commercial space in order to effectuate their development and future occupation of that space. Said access will, whenever possible, be preceded by notice by Tenant to the University Of Iowa, the present tenants of the basement commercial space. Tenant will make all reasonable efforts to minimize disturbances to the University of Iowa during said access. All other terms and conditions of the lease remain unchanged. IN WITNESS THEREOF, the parties hereto have duly executed this Lease Amendment the day and year listed in the first line of this Amendment. Landlord: Tenant: CITY OF IOWA CITY IOWA CITY AREA DEVELOPMENT GROUP, INC., Matthew J. Hayek, Mayor Mark Nolte, President Attest: a'6w�- A/ City Jerk CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Ap oved: City Attorney On this / J� day of �� , 2015, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. eP KELLIE K. TUTfLE Cummissi.:n Number 2218 Cgmmi*ion Expires Notary Public in and for the State of Iowa IOWA CITY AREA DEVELOPMENT GROUP, INC. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On thisqday of Pgcembor , 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mark Nolte, to me personally known, who being by me duly sworn, did identify himself as President of the Iowa City Area Development Group, Inc., and acknowledge the execution of the instrument to be his own voluntary act and deed, and that of the Iowa City Area Development Group, Inc. Notary Public in Xfd for the State of Iowa NAY ERIC v� NOTARIAL jo: O,I*� I0WA�1•.::^q 114P��js 4d(8) Prepared by: Geoff Fruin, Assistant City Manager, 410 Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 15-376 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES. WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to retain the services of a lobbyist to represent the interests of the City; WHEREAS, the City Manager recommends that the City enter into a contract for lobbying services with Davis, Brown, Koehn, Shors & Roberts, P.C.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for Professional Services attached hereto is in the public interest, and is approved. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Agreement for Professional Services. 3. Funds for this contract are available in the City Manager's Office budget Passed and approved this 15th day of D_e�ce,mberr_ , 2015. n MAYOR p�oved by ATTEST: 11 z t ' , �._ 12- CIT LCIT CLERK City Attorney's Office Resolution No. Page Z 15-376 It was moved by Mims and seconded by Dons the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Botchway g Dickens g Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ("Agreement") is made this 15 day of December, 2015 between Davis Brown Law Firm ("Consultant"), having an office at 215 10`x' Street, Suite 1300, Des Moines, IA 50309 and the City of Iowa City, IA ("Client") having an office at 410 E. Washington St, Iowa City, IA 52240. In consideration of the mutual promises set forth herein, Client and Consultant agree as follows: 1. CONSULTANT'S SERVICES A. Consultant shall perform the professional services ("Services") more fully described in Exhibit A attached hereto and by this reference incorporated herein. Consultant shall furnish all labor, materials and supervision necessary to perform the Services. B. The Consultants shall not commit any of the following employment practices and agree to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. C. It is further agreed that no party to this Agreement, including their employees, representatives, subcontractors or agents, shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City. D. Consultant agrees to specifically assign the agreed upon professional services to Thomas Stanberry who shall be the primary lobbyist, and who may utilize personnel qualified and/or suitable to perform the Services. Each person assigned to perform any part of Consultant's obligations hereunder shall be qualified and, if required by law, licensed or certified to perform such obligations. 2. COMPENSATION Client shall compensate Consultant for Services rendered in such amounts as described in Exhibit B. 425:4020 v 4 3. INVOICES AND PAYMENTS A. Not more frequently than once a month Consultant shall invoice Client for its fee. B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client objects to all or any portion of any invoice, Client shall so notify Consultant within fifteen (15) days from receipt, give reasons for the objection, and pay that portion of the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless otherwise directed in writing, all invoices shall be submitted for payment to the following address: City of Iowa City, Iowa Attn: Thomas Markus City Manager 410 E. Washington St. Iowa City, IA 52240 4. INDEPENDENT CONSULTANT STATUS AND SUBCONTRACTORS Consultant will act solely as an independent contractor in performing the Services, and nothing herein will at any time be construed to create the relationship of employer and ernployee, principal and agent, partners, or joint venturers between Client and Consultant, or Client's and Consultant's officers, directors, partners, elected officials, managers, employees or agents. Consultant shall be solely responsible for the compensations, benefits, worker's compensation, contributions, withboldings and taxes, if any, of its employees, subcontractors and agents. 5. INDEMNIFICATION, INSURANCE AND THIRD PARTY BENEFICIARIES A. Consultant shall indemnify, defend and hold Client harmless from any and all claims, demands, causes of action, losses, damages, tines, penalties, liabilities, costs and expenses, including reasonable attorney's fees and court costs, sustained or incurred by or asserted against Client or Client's officers, directors, partners, elected officials, managers, employees or agents, in the capacity of a defendant or witness, by reason of or arising out of Consultant's breach of this Agreement or Consultant's negligence, gross negligence or willful misconduct with respect to Consultant's duties and activities within the scope of this Agreement. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance which covers the Consultant's liability for the Consultant's negligent acts, errors or omissions to the City in the sum of $1,000,000. B. This Agreement shall not be construed to create a duty or liability to any party who is not a signatory party to this agreement, it being the intention of the parties hereto that their duties and obligations are to each other and not for the benefit of or for third party beneficiaries. 2 6. CONFIDENTIALITY Consultant shall treat as confidential property and not disclose to others during or subsequent to the term of this Agreement, except as necessary to perform this Agreement (and then only on a confidential basis satisfactory to both parties), any information and documents (including without limitation any environmental information, reports, data, or financial inforniation) which may be delivered to Consultant by Client. Nothing above, however, shall prevent Consultant from disclosing to others or using in any manner information that Consultant can demonstrate: A. Has been published and has become part of the public domain other than by acts, omissions or fault of Consultant, their employees, agents, contractors and/or consultants; or, B. Has been furnished or made known to Consultant by a third party (other than those acting directly or indirectly for or on behalf of Consultant or Client) as a matter of legal right without restrictions on its disclosure; or, C. Was in Consultant's possession prior to the date of this agreement and/or prior to the date of disclosure thereof by Client. D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order or decree of any governmental authority having jurisdiction over Consultant or any of its employees, agents, contractors and/or consultants. The foregoing obligations in this Section 6 shall survive for a period of one (1) year from the mutual execution of this Agreement. 7. TERM AND TERMINATION OF AGREEMENT Unless otherwise earlier terminated pursuant to this contract, this Agreement shall remain in full force and effect for one (1) year following the date of its execution by the City. Termination of this Agreement shall discharge only those obligations that are executory by either party on and after the effective date of termination. Any right or duty of a party based either on performance or a breach of this Agreement, prior to the effective date of termination, shall survive. A. Client reserves the right to terminate this Agreement at any time, with or without cause, upon delivery of written notice to Consultant, even though Consultant is not in default. If Client terminates this Agreement pursuant to this paragraph, Client shall compensate Consultant, at the monthly rate contained in Exhibit B, for all monthly periods completed by Consultant, and any subsequent monthly period in which Consultant has performed services for client, up to and including the month of termination. B. Consultant shall have the right to terminate its obligations pursuant to this Agreement if one of the following conditions exists and it has not been remedied or cured within thirty (30) days of Client's receipt of written notice of such condition: 3 i. A substantial breach of any material obligation of client under this Agreement or ii. If Consultant is unable for any reason beyond its control to perform its obligations pursuant to this Agreement in a safe, lawful and professional maturer. It is expressly understood that license and/or registration requirements are within the control of Consultant. Upon Consultants termination of its obligations, Client shall pay all actual expenses and charges as of the date of termination, which charges and expenses shall not continue to accrue after Client receives Consultant's notice of termination. In no event will said expenses and charges exceed the not -to -exceed figures included in Exhibit B. C. The termination of this Agreement under the provisions of this Article 7 shall not affect the rights of either party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect to liability or claims accrued, or arising out of events occurring or conditions existing, prior to the date of termination, all of which shall survive such termination. 8. DISCLOSURE OF CLIENT RELATIONSHIPS Consultant agrees to provide Client (i) a list of Consultant's current clients for which it provides services substantially similar to the services described in Exhibit A to this Agreement prior to the beginning of each session of the Iowa General Assembly which occurs during the term of this Agreement, and (ii) notice that Consultant has been retained by a new client to provide services substantially similar to the services described in Exhibit A to this Agreement during a session of the Iowa General Assembly which occurs during the term of this Agreement. 9. WAIVER A Waiver on the part of the Client or Consultant of any tern, provision or condition of this Agreement shall not constitute a precedent or bind either Party to a waiver of any succeeding breach of the same or any other term, provision or condition of this Agreement. 10. ENTIRE AGREEMENT This Agreement, including any Exhibits, the Request For Proposal, and Consultant Proposal, constitute the entire Agreement between Consultant and Client. In the event of conflict between these documents, this Agreement shall prevail. These documents supersede all prior or contemporaneous communications, representations or agreements, whether oral or written, relating to the Services set forth in this Agreement. This Agreement may be amended only by a written instrument signed by both parties. The captions in this Agreement are for convenience in identification of the several provisions arrd shall not constitute a part of this Agreement nor be considered interpretative thereof. 4 11. ASSIGNMENT This Agreement shall be binding upon the successors or assigns of the parties hereto. However, this Agreement shall not be assigned by either party without first obtaining the written consent of the other. 12. SEVERABILITY Every paragraph, part, tens or provision of this Agreement is severable from the others. if any paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. 13. NOTICES Any information or notices required to be given in writing under this Agreement shall be deemed to have been sufficiently given if delivered either personally or by certified mail (return receipt requested, postage prepaid), to the address of the respective party set forth below, or to such other address for either party as that party may designate by written notice. For the Client: Thomas Markus City Manager City of Iowa City 410 E. Washington St. Iowa City, IA 52240 14. GENERAL TERMS For the Consultant: Thomas Stanbeny Shareholder Davis Brown Law Finn 215 10"' Street, Suite 1300 Des Moines, TA 50309 The Consultants agree to furnish, upon termination of this Agreement and upon demand by the City, without cost, copies of all data prepared or obtained by the Consultants pursuant to this Agreement, without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultants shall not be liable for the City's use of such documents on other projects. Upon signing this agreement, Consultants acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362. 15. GOVERNING LAW This Agreement shall be governed and interpreted pursuant to the laws of the State of Iowa. The remainder of this page is intentionally left blank. 6 ]Signature page for Agreement for Professional Services] IN WITNESS WHEREOF, the Client and Consultant have caused this Agreement to be executed by their duly authorized representatives, as follows: CLIENT: City of Iowa City By: lw� Matthew J. Hayek,ayol\ r Attest: AL%.u�� 1[ - 16 ,G ari r K. Karr, City Clerk City Attorney Office: CONSULTANT: Davis, Brown, Koehn, Shors & Roberts, P.C. By: 0, &L Thomas E. Stanberry,ihareholder EXHIBIT A CITY OF IOWA CITY, IOWA LOBBYING SERVICES SCOPE OF SERVICES: Working in consultation with the City Manager and/or his designee, the following are areas of responsibility of Consultant: 1. Development and maintenance of relationships with members of the Iowa legislature, legislative leadership, and the executive branch to effectively represent the interests of the City of Iowa City; 2. Provide assistance in policy development and in the preparation of a government relations plan to support the City of lova City's legislative interests; 3. Monitor State legislative and regulatory issues with potential impact to the City of Iowa City. Attend all appropriate committee hearings, rules meetings, legislative functions and other events to promote the interests of the City of Iowa Citv; d. Meet with legislators, executive branch, and other stakeholder lobbyists to discuss weaknesses or merits of specific bills and to influence passage, defeat, amendments, or introduction of legislation favorable to the City of Iowa City's interests; 5. Regularly communicate with the City of Iowa City concerning current and potential legislation, regulations, and related issues that could have an impact on the city. Including regular updates on legislative activities during the legislative session as arranged with the City Manager and a weekly written update on legislative actions and impacts; & Attend City Council meetings quarterly. In addition, participate in staff meetings as needed and requested by the City Manager; 7. Outreach, coordination, and collaboration with individuals and groups that have interests similar to the City of Iowa City including but not limited to the Iowa City Area Chamber of Commerce, the Metropolitan Coalition, and the Iowa League of Cities; 8. Develop with the City Manager and his staff appropriate grassroots messages that reflect the City of Iowa City's concerns regarding legislative proposals. These written messages can then be used to influence leaders to move the City's legislative agenda; 9. Plan and coordinate meetings between the City of Iowa City, legislators, and the executive branch, including State of Iowa Departments, to discuss legislative issues and proposals; 10. Dining the time the legislature is not in session, provide reports on issues of interest or concern to the City of Iowa City including, but not limited to, action taken at interim committee meetings, rulemaking bearings, status of task forces, and proposed legislation and regulations; 11. Obtain and provide data pertaining to matters of interest to the City of Iowa City; 12. Develop, in cooperation with the City Manager's staff and subject to his and the City Council's approval, an annual strategic work plan identifying from the list of City infrastructure needs those capital projects that can be best positioned for State funding support. 13. Provide such other lobbyist duties as are determined to be in the interests of the City Council and as communicated to the Lobbyist by the City Manager. Exhibit B Compensation The submitted pricing must include all of the costs required to perform the tasks to complete the project in full. These costs include, but are not limited to, labor, materials, equipment, travel (lodging and transportation), etc. Proposer shall submit one monthly lump sum fee which shall be fully inclusive, and which shall be the exclusive sum provided by the City to Proposer. This fee shall be paid upon invoicing after the completion of each month. Fixed, fully inclusive, lump sum fee for Professional Services for each month of service: 2016 Total: $25,200.00 ANNUAL $2,100.00 PER MONTH 10 �` r CITY OF IOWA CITY MEMORANDUM Date: December 9, 2015 To: Tom Markus, City Manager From: Ian Korpel, Management Intern Re: My Brother's Keeper Initiative Introduction: In 2014, President Obama launched the My Brother's Keeper initiative to address persistent opportunity gaps faced by boys and young men of color and to ensure that all young people can reach their full potential. Through this initiative, the Obama Administration is challenging cities and towns, businesses, and foundations to work together to become "MBK Communities". This represents a call to action designed to connect young people to mentoring, support networks, and the skills they need to find a good job or go to college and work their way into the middle class. Three cities in Iowa have accepted the My Brother's Keeper Challenge; Des Moines, Dubuque, and Davenport. Mayor Pro Tem Mims brought this initiative to staff's attention for review and evaluation. Program Goals/Milestones: If accepted, the challenge urges cities to take a "cradle -to -college -and -career" approach and address as many of the following six goals laid out in the MBK Task Force's Report as possible. • Getting a Healthy Start and Entering School Ready to Learn o All children should have a healthy start and enter school ready — cognitively, physically, socially, and emotionally. • Reading at Grade Level by Third Grade o All children should be reading at grade level by age 8 — the age at which reading to learn becomes essential. • Graduating from High School Ready for College and Career o All youth should receive a quality high school education and graduate with the skills and tools needed to advance to postsecondary education or training. • Completing Postsecondary Education or Training o Every American should have the option to attend postsecondary education and receive the education and training needed for the quality jobs of today and tomorrow. 4d(9) December 9, 2015 Page 2 Successfully Entering the Workforce o Anyone who wants a job should be able to get a job that allows them to support themselves and their families. • Keeping Kids on Track and Giving Them Second Chances o All youth and young adults should be safe from violent crime; and individuals who are confined should receive the education, training, and treatment they need for a second chance. Discussion: My Brother's Keeper calls for cross -sector collaboration and a commitment from many community groups and stakeholders. With this in mind, staff recommends referring to the City Manager's Roundtable to vet the proposal and reach a consensus as to whether the City should participate in the program. If the Roundtable encourages participation, the City's Equity Director would be asked to invite other community stakeholders as identified in MBK program materials to participate in the next steps. Recommendation: Staff recommends referring the My Brother's Keeper proposal to the City Manager's Roundtable to vet the program. A resolution is on tonight's agenda directing the City Manager to include the My Brother's Keeper initiative in the next City Manager's Roundtable discussion. If the Roundtable encourages participation, the City's Equity Director will begin the process of engaging community stakeholders. Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-377 RESOLUTION ACCEPTING THE WORK FOR THE PCC PAVEMENT REHABILITATION PROJECT 2015 WHEREAS, the Engineering Division has recommended that the work for construction of the PCC Pavement Rehabilitation Project 2015, as included in a contract between the City of Iowa City and Midwest Concrete, Inc. of Peosta, Iowa, dated August 18, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account # S3824; and WHEREAS, the final contract price is $222,553.50. 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 15th day of December , 20 15 &'�-4 MAYOR ��- Approved by ATTEST: 1 / k� CIT ERK `yCity Attorney's Office (L�(4 It was moved by Mims adopted, and upon roll call there were: AYES: and seconded by Dobyns the Resolution be NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng/masters/acptwork.doc 12/15 ENGINEER'S REPORT December 4, 2015 q� (<") 6.CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: PCC Pavement Rehabilitation Project 2015 Dear City Clerk: I hereby certify that the construction of the PCC Pavement Rehabilitation Project 2015 has been completed by Midwest Concrete Inc. of Peosta, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. Project award amount as a unit price contract = $138,724.20. As a result of receiving favorable concrete patching contract unit prices, and fund availability, an increase in quantity within the same scope of work in the amount of $83,828.30 (Add) was allowed to provide more street pavement repair under this contract. No change orders for unforeseen scope changes were needed with this contract. Final contract price is $222,553.50. 1 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason R. Havel, P.E. City Engineer pweng/masters/engrpt. doc 4d(12) wmwmw Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 RESOLUTION NO. 15-378 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PUBLIC WORK EXTERIOR WASHOUT, PCC ACCESS ROAD AND STORM SEWER IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Public Works Washout, PCC Access Road and Storm Sewer Improvement Project, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of Iowa City, dated October 17, 2015, 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 Public Works Facility Site Work account # P3956; and WHEREAS, the final contract price is $442,878.99. 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 15th day of December —,20 15 ATTEST: ,% _ -eQ,y"I CIT LERK It was moved by Mims adopted, and upon roll call there were: AYES: Approved by City Attorney's Office / /7 - and seconded by Dobyns the Resolution be NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek X Mims x Payne x Throgmorton Pweng/masters/acptwork. doc 12/15 � r ��.=. -4 ENGINEER'S REPORT �-w-- CITY OF IOWA CITY 410 East Washington Street December 3, 2015 Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX City Clerk wwwJCgov.org City of Iowa City, Iowa Re: Iowa City Public Works Exterior Washout, PCC Access Road and Storm Sewer Improvement Project Dear City Clerk: I hereby certify that the construction of the Iowa City Public Works Exterior Washout, PCC Access Road and Storm Sewer Improvement Project has been completed by Calacci Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City and Kueny Architects of Pleasant Prairie, Wl. The project was bid as a lump sum contract and the final contract price is $442,878.99 which included additional pavement required for the maintenance of the Emulsion Tank. There were four change orders for the project as described below: 1. 400 amp electric service from the MidAmerican transformer at the new Animal Shelter to the Warm Storage Building was installed. An additional electric service was provided from the Warm Storage Building to the Emulsion Tank location for the installation of a convenience outlet. $ 9,632.13 2. 8 Concrete Bollards were installed in front of the Warm Storage Building prior to paving, an existing septic tank that was found on site and in the footprint of a future building site was removed and the proposed 4' sidewalk was widened to 8' and extended to the PCC Access Drive. $10,069.50 3. The Streets Division requested that the storm sewer grates in the PCC Access Drive be changed from standard round, flat grates to vane grates to match the inverted crown of the roadway to help reduce icing in the winter. The existing water main was lower than expected and was raised to accommodate storm sewer installation. $ 3,915.41 4. There was a math error on change order No. 3 and the cost of the vane grates was decreased. ($ 203.75) TOTAL $23,413.29 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-379 RESOLUTION ACCEPTING THE WORK FOR THE HIGHLAND AVENUE WATER MAIN REPLACEMENT PROJECT 2015 WHEREAS, the Engineering Division has recommended that the work for construction of the Highland Avenue Water Main Replacement Project 2015, as included in a contract between the City of Iowa City and Volkens Excavating, Inc. of Dyersville, Iowa, dated June 16, 2015, 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 Highland Avenue Water Main account # W3299; and WHEREAS, the final contract price is $149,875.30. 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 15th day of ATTEST: CITY'GLERK It was moved by Mims adopted, and upon roll call there were: December .20 15 MAYOR Approved by --/& U, �" City Attorney's Office I y S and seconded by Dobyns the Resolution be AYES: NAYS: X X X X X X X Pweng/masters/acptwork. doc 12/15 ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 5 4d(13) ENGINEER'S REPORT December 4, 2015 _i t i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Highland Avenue Water Main Replacement Project 2015 Dear City Clerk: I hereby certify that the construction of the Highland Avenue Water Main Replacement Project 2015, has been completed by Volkens Excavating, Inc. of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. Project award amount as a unit price contract = $183,829.00. There was one change or extra work order for the project as described below: 1. Standard Seed and Mulch Application $920 (Add) This item was added in lieu of item #35 which results in a net deduct of $230 to the contract. Final contract price is $149,875.30. 1 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason R. Havel, P.E. City Engineer pweng/masters/engrpt. doc =14= Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-380 RESOLUTION ACCEPTING THE WORK FOR THE 2014 CURB RAMP IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Curb Ramp Improvement Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated October 23, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Curb Ramp Construction - ADA account # S3822; and WHEREAS, the final contract price is $91,035.20. 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 15th day of December , 20 15 ATTEST: CITY LERK Approved by z fjw, City Attorney's Office /.-Z j Lf (15 - It was moved by Mims 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/acptwork.doc 12/15 ENGINEER'S REPORT December 4, 2015 � r j CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: 2014 Curb Ramp Improvement Project Dear City Clerk: I hereby certify that the construction of the 2014 Curb Ramp Improvement Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. Project award amount as a unit price contract = $87,560.00 There were three change or extra work orders for the project as described below: 1. Sidewalk Curb Installation $2,010.00 (Add) 2. Water Valve Adjustments $465.00 (Add) 3. Standard Seed and Mulch Application $6,750.00 (Add) Change in quantity or scope of work using contract unit prices $5,749.80 (Deduct) Final contract price is $91,035.20. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason R. Havel, P.E. City Engineer pweng/masters/engrpt. doc Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 15-381 RESOLUTION ACCEPTING THE WORK FOR THE SYCAMORE STREET GSR BOOSTER PUMP VFD REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Sycamore Street GSR Booster Pump VFD Replacement Project, as included in a contract between the City of Iowa City and Neumiller Electric, Inc. of Iowa City, Iowa, dated March 13, 2015, 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 Ground Storage Reservoir VFD Upgrades account # W3213; and WHEREAS, the final contract price is $76,330.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15 th day of ATTEST: CITY tLERK December .20 15 MAYOR Approved by City Attorney's Office Z Q It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 12-13-15 4d(15) ENGINEER'S REPORT December 8, 2015 City Clerk City of Iowa City, Iowa � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Re: Sycamore Street GSR Booster Pump VFD Replacement Project Dear City Clerk: I hereby certify that the Sycamore Street GSR Booster Pump VFD Replacement Project has been completed by Neumiller Electric, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Veenstra & Kimm, Inc. The project was bid as a unit price contract and there were no change or extra work orders for the project. The final contract price is $76,330.00. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason R. Havel, P.E. City Engineer Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356-5142 RESOLUTION NO. 15-382 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER AND ASSOCIATES, INC. OF CEDAR RAPIDS, IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 4 -LANE TO 3 - LANE STREET CONVERSIONS — FIRST AVENUE (U.S. HIGHWAY 6 TO MALL DRIVE) AND MORMON TREK BOULEVARD (U.S. HIGHWAY 1 TO MELROSE AVENUE) PROJECT. WHEREAS, the CITY of Iowa City desires to improve traffic and pedestrian safety within the First Avenue and Mormon Trek Boulevard corridors; and WHEREAS, the City of Iowa City desires to convert First Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue) from 4 -lanes to 3 -lanes; and WHEREAS, the project generally includes 4 -lane to 3 -lane conversions on First Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue), traffic signal replacement at three intersections (Mormon Trek Boulevard), replacement of non -ADA compliant sidewalk ramps, incorporation of on -street bike accommodations and the addition of a right -turn lane on Mormon Trek at Benton Street; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the 4 -Lane to 3 -Lane Street Conversions — First Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue) Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Snyder and Associates, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Snyder and Associates, Inc.; and WHEREAS, funds for this project are available in the First Avenue 3 Lane Conversion account #S3937 and Mormon Trek Boulevard 3 Lane Conversion account #S3868. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute contract amendments that are deemed necessary to complete the design of the above-named project. Passed and approved this 15th day of December , 201. Approved by(� ATTEST: &auA�DUl (qA_ _ w(fee" . CI LERK City Attorney's Office t -Z pwenglmasters\Res-ConsultAgt.doc Resolution No. 15-382 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway FA Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December 2015 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates, Inc., of 5005 Bowling Street SW, Suite A, Cedar Rapids, IA 52404, hereinafter referred to as the Consultant. WHEREAS, the project includes preliminary and final design services relating to proposed 4 -lane to 3 -lane conversions on I" Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue); modification of existing traffic control on V Avenue; and traffic signal replacement at three intersections, pavement reconstruction and rehabilitation, replacement of non -ADA compliant sidewalk ramps, and addition of a right -turn lane on Mormon Trek Boulevard; and WHEREAS, the City desires to secure the services of a consultant to provide engineering services related to the 4 - lane to 3 -lane conversions on 1'` Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue); and WHEREAS, the City issued to qualified consultants a request for proposals to provide engineering services for the aforementioned project; and WHEREAS, through the proposal and interview process, Snyder and Associates, Inc. displayed the highest level of project understanding and depth of knowledge/experience on 4 -lane to 3 -lane conversion projects; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. TASK 1— DATA COLLECTION AND INITIAL PUBLIC INVOLVEMENT 1. The Consultant will participate in an initial kick-off meeting with the City to establish the goals and objectives of the project. This meeting will provide an opportunity to confirm strategy and schedule, as well as gather any existing relevant information from the City. 2. The Consultant will perform survey and obtain background data necessary to prepare basemapping for the project. The consultant will evaluate the survey to determine ADA compliance of existing facilities. 3. The Consultant will perform traffic studies and analysis, including: a. Data Collection - The Consultant will utilize existing traffic counts that were collected within the last four years. The Consultant will collect peak hour turning movement counts to update existing counts that are more than six years old at the following locations: i. I" Ave & US Hwy 6 ii. Mormon Trek & Westside Dr iii. Mormon Trek & Walden Sq/Cameron Way The Consultant will also conduct travel time studies along Mormon Trek to aid in validating existing traffic models. These will be collected during three periods for one hour each period. Request for Proposal #16-73, Page 2 of 8 b. Coordination with City, DOT, and MPOJC - The Engineer will coordinate with City, DOT, and MPOJC staff to receive other existing traffic counts along both the 1" Ave and Mormon Trek corridors and determine appropriate future traffic projections. c. Analysis - The Consultant will perform analysis (both AM and PM peak hours) on the existing traffic counts with the existing corridor geometry to compare and adjust models to represent existing operational conditions along both I" Ave and Mormon Trek corridors. Once the models have been validated, they will be revised to proposed geometry and analyzed for impacts of converting to the three -lane option. Upon completion of existing traffic volume analyses, the Consultant will incorporate projected traffic volumes to determine long range impacts of conversion or determine when modifications are necessary to the three -lane option. d. Report - The Consultant will prepare a report documenting the findings of the data collection and analysis for the City and to share findings at public meetings as necessary. e. Meetings - The Consultant will attend a meeting with City staff to discuss the results of the traffic study. The Consultant will also participate in a Council Work Session to provide Council Members with the results of the traffic analysis and recommendations for improvements. 4. After the Council Work Session, the Consultant will meet with City Staff to prepare a plan for the initial public meetings (one per corridor). 5. The Consultant will assist with the facilitation of the initial public meetings. The Consultant will send out notifications and prepare visual aids and handouts for the meetings. It is anticipated that the City will procure the meeting location. 6. Assumptions: The City will provide existing traffic signal timings and available as-built/construction drawings for traffic signals along the I" Ave and Mormon Trek corridors. The intersections include: i. I" Ave & US Hwy 6 ii. I" Ave & Lower Muscatine Rd iii. Mormon Trek & IA Hwy 1 (timings only) iv. Mormon Trek & Westside Dr (timings only) V. Mormon Trek & Rohret Rd/Cae Dr vi. Mormon Trek & Benton St vii. Mormon Trek & Walden Sq/Cameron Way viii. Mormon Trek & Melrose Ave (timings only) TASK 2 — DETERMINATION OF RECOMMENDED FUNCTIONAL DESIGN I. The Consultant will analyze the existing roadway geometry, review pavement condition and joint patterns, and review current access spacing. 2. Based on the results of this review and the findings of the traffic study and analysis, the Consultant will determine bicycle accommodation improvement needs, turn lane needs, ADA improvements, lane widths, striping patterns, and turn lane lengths. 3. The Consultant will perform a field review of the existing traffic signals impacted by the three lane conversion to determine if any equipment could be reused as a part of the project. Signal alteration and replacement needs will be identified. 4. The Consultant will provide the recommended functional design to the Iowa DOT for review and comment. TASK 3 — TRAFFIC MODELING TO PREDICT FUTURE CONDITIONS 1. The Consultant will prepare simulations to help visualize traffic flow through a three -lane configuration. 2. Mainline and intersection capacities will be evaluated and travel time impacts will be estimated. 3. The Consultant will also review bicycle level of service within the corridors. Request for Proposal #16-73, Page 3 of 8 TASK 4 — PUBLIC ENGAGEMENT 1. The Consultant will prepare before and after functional geometry roll plots, simulations, and photo - imaging. The Consultant will also prepare opinion survey materials and content for use on City media and online outlets to aid in public engagement. 2. The Consultant will assist with the facilitation of two public engagement meetings (one per corridor) to gather input on the proposed functional design from the public. TASK 5 — ALTERATIONS TO FUNCTIONAL DESIGN BASED ON PUBLIC INPUT 1. The Consultant will compile the results of opinion surveys and analyze and respond to comments received from the interest groups, stakeholders, and public meeting attendees. 2. The Consultant will revise the proposed project concept based on feedback received through the public engagement process and from City Staff. TASK 6 — PUBLIC INFORMATION TO RELAY THE FINAL CONCEPT The Consultant will prepare a final concept report for distribution to interest groups, stakeholders, public meeting attendees, and the City. The final concept report will include a summary of input received and any responses needed to address public concerns. It is anticipated that distribution of the final concept will be by email or mail, and that another public meeting will not be necessary. 2. The Consultant will prepare content for use on City media and online outlets. This content may include short informational articles and small graphics appropriate for posting on the City's website, facebook, or Twitter accounts. TASK 7 — DESIGN AND PLAN PRODUCTION 1. The Consultant will design the proposed improvements for the project, including the following: a. Roadway Design i. Typical cross sections ii. Typical construction details iii. Geometric improvements iv. Pavement rehabilitation or repair v. ADA improvements and associated sidewalk ramp details for Iowa DOT S Sheets at the Mormon Trek Boulevard intersections with Rohret Rd/Cae Dr, Benton Street, and Walden Sq/Cameron Way. vi. Pavement markings vii. Staging and Traffic Control details b. Signal Design i. Signal modifications at: 1. 1'Ave&USHwy 6 2. 151 Ave & Lower Muscatine Rd ii. Signal replacement at: 1. Mormon Trek & Rohret Rd/Cae Dr 2. Mormon Trek & Benton St 3. Mormon Trek & Walden Sq/Cameron Way Request for Proposal # 16-73, Page 4 of 8 2. The Consultant will prepare up to ten acquisition plats necessary for construction of the proposed improvements. It is anticipated that acquisition plats will be necessary at these locations: a. Mormon Trek & Rohret Rd/Cae Dr — SW and SE corners (2 plats) b. Mormon Trek & Benton St — SE Comer (4 plats) c. Mormon Trek & Walden Sq/Cameron Way — All corners (4 plats) 3. The Consultant will coordinate with utilities to address potential conflicts with the proposed improvements. 4. The Consultant will prepare two sets of construction plans and specifications for local letting; one for 151 Ave and one for Mormon Trek. The plans will contain sufficient details, notes, and tabulations for construction of all of the work included in list of proposed improvements above. a. Plans will be submitted for City review at 30%, 60%, and 90% completion milestones. Specifications will be submitted for review at the 90% completion milestone. b. Plans will also be submitted to the Iowa DOT for review and revised based on comments received. TASK 8 — BID ASSISTANCE 1. The Consultant will prepare bidding documents for two locally let projects. The Consultant will also prepare plan clarifications and addenda if needed during the letting period. 2. The Consultant will attend one preconstruction meeting for each of the construction projects. TASK 9 — EXTRA SERVICES (to be added or deleted by Supplemental Agreement if requested) 1. If the number of acquisitions plats necessary for the proposed improvements deviates from the count of ten provided for in the base agreement, the Consultant will adjust the total fee by $1,800 per plat. 2. The Consultant will be available to perform construction services for the projects, should the City request a supplemental agreement for this additional work. H. TIME OF COMPLETION The Consultant will work to complete the following phases of the Project in general accordance with the following schedules. 18T AVENUE IMPROVEMENTS Work Task Milestone Dates Council Action on A eement December 15, 2015 Kick-off Meeting with City Staff January 2015 Task 1— Data Collection and Initial Public Involvement December 2015 — January 2016 Task 2 — Determination of Recommended Functional Design January 2016 — February 2016 Task 3 — Traffic Modeling to Predict Future Conditions February 2016 Task 4 — Public Engagement March 2016 Task 5 — Alterations to Functional Design Based on Public Input March 2016 Task 6 — Public Information to Relay the Final Concept Aril 2016 Task 7 — Design and Plan Production March 2016 — April 2016 Task 8 — Bid Assistance May 2016 — June 2016 Request for Proposal #16-73, Page 5 of 8 MORMON TREK BOULEVARD EffROVEMENTS Work Task Milestone Dates Council Action on Agreement December 15, 2015 Kick-off Meeting with City Staff January 2016 Task 1— Data Collection and Initial Public Involvement December 2015 — January 2016 Task 2 — Determination of Recommended Functional Design January 2016 — February 2016 Task 3 — Traffic Modeling to Predict Future Conditions March 2016 Task 4 — Public Engagement March 2016 Task 5 — Alterations to Functional Design Based on Public Input Aril 2016 Task 6 — Public Information to Relay the Final Concept Aril 2016 Task 7 — Design and Plan Production Aril 2016 — August 2016 ROW Acquisition (by City) Aril 2016 — August 2016 Task 8 — Bid Assistance September 2016 — October 2016 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Request for Proposal #16-73, Page 6 of 8 H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. Request for Proposal #16-73, Page 7 of 8 IV. COMPENSATION FOR SERVICES The total hourly, not to exceed fee for services under this Agreement is $172,990.00. The associated hour estimate is included below. $156x163 Project Mans Traffic En ineer $132 Engineer $110 Survey/ C $123 Planner $94 Graphic spewalist Survey& Data Collection - Project Kick-off Meeting with City of Iowa City 4 4 4 SiteAssessmerd 2 8 Utility Coordination 4 Pavement Condition Analysis 2 4 Limited Topographic Survey 60 Limited Boundary Survey 80 Base Map Preparation 40 SUBTOTALHOURS 6 6 20 200 0 1 0 SUBTOTAL AMOUNT $26,674 Traffic Analysis - Traffic Data Collection 2 24 Traffic Forecasting 2 8 Traffic Modeling 4 40 32 Technical Analysis Memo 4 24 4 16 SUBTOTAL HOURS 0 12 96 4 0 48 SUBTOTAL AMOU - $19,820 Public kwoivement Meetings end Coordination with City of Iowa City (4) 12 12 24 8 City Council Work Session 4 4 8 4 4 Meeting and Coordination with ®OT (1) 4 4 12 2 Public Meetings (4) 32 24 40 24 32 64 SUBTOTAL HOURS 52 44 84 38 32 68 SUBTOTAL AMO $41,760 Design Traffic Control Design 2 16 Pavement Design 2 16 Intersection Design 24 Traffic Signal Design 2 80 Construction Phasing Pian 2 2 16 Construction Details 2 2 24 ADA Pedestrian Ramp Design. 2 24 Right of Way Design 6 24 SUBTOTAL HOURS 14 8 224 1 0 10 0 SUBTOTAL AMOUNT $33,216 Plan Production Plan View Sheets 1 4 24 Intersection Details 2 8 24 Traffic Signal Plans 2 12 80 Construction Phasing Plans 1 2 8 24 Detail Sheets 4 16 Tabulations, Quantities, Notes 4 a Sidewalk Ramp Detail Sheets (Iowa DOT S Sheets) 2 24 24 Acquisition Plat Preparation (10) 6 96 SUBTOTAL HOURS 6 1 4 70 296 1 0 1 0 SUBTOTAL AMOUNT $43,468 Bid Phase Assistance - Preparation of Bidding Documents 2 2 4 8 Preparation of Find Construction Cost Estimates 2 8 Preparation of Addenda (lf required) 4 4 Preconslruction Meetings (2) 8 16 SUBTOTAL HOURS 2 12 32 12 0 0 SUBTOTAL AMOUNT $8,052 TOTALHOURS 80 86 526 550 32 116 TOTAL AMOUNTS $12,460 $15,738 $69,432 $60,500 $3,936 $10,904 TOTALFEE $172,990 Request for Proposal #16-73, Page 8 of 8 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY Title: Mayor Date: December 15, 2015 ATTEST: FOR THE CONSULT By: Title: e.rN.rss._ __00,X-IkA Date; Approved by: � (44. (k Azm� City Attorney's Office 1-7d if I 1SDate r - ��_,.® CITY OF IOWA CITY 4 MEMORANDUM DATE: December 3, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer -' RE: Consultant Agreement for the 4 -Lane to 3 -Lane Street Conversions - First Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue) Project - December 15, 2015 Introduction: The 4 -Lane to 3 -Lane Street Conversions on First Avenue and Mormon Trek Boulevard generally involve restriping the existing pavement to a 3 -lane section (a through lane in either direction with a center two-way left turn lane) with bike lanes, traffic signal replacement at three intersections on Mormon Trek (Rohret Rd./Cae Dr., Benton St., Walden Sq./Cameron Way), replacement of non -ADA compliant sidewalk ramps and the addition of a right turn lane on Mormon Trek Boulevard at Benton Street. The main objectives of the projects are to improve safety, implement complete streets measures and to promote other modes of travel (i.e. walking and biking). History/Background: Current research suggests that converting a 4 -lane roadway to a 3 -lane roadway improves vehicle and pedestrian safety, reduces vehicular speeds (traffic calming), improves emergency response time and potentially provides on -street bike accommodations. With both the First Avenue and Mormon Trek Boulevard corridors being good candidates for a 4 -lane to 3 -lane conversion, the City of Iowa City was successful in securing two grants ($500,000 per corridor) through the Iowa Department of Transportation Traffic Safety Improvement Program. Discussion of Solutions: An agreement has been negotiated with Snyder and Associates, Inc. to provide engineering services for completion of the project design and preparation of construction documents related to the 4 -Lane to 3 -Lane Street Conversions on First Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue). Financial Impact: The not -to -exceed fee for these engineering services is $172,990, and funding will be via general obligation bond proceeds. Recommendation: Staff recommends approval of the engineering services consultant agreement with Snyder and Associates, Inc. at the December 15, 2015 City Council Meeting. CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates, Inc., of 5005 Bowling Street SW, Suite A, Cedar Rapids, IA 52404, hereinafter referred to as the Consultant. WHEREAS, the proj\includes preliminary and final design services relating to proposed 4 -lane to 3 -lane conversions on 1St Av. Highway 6 to Mall Drive) and Morm Trek Boulevard (U.S. Highway 1 to Melrose Avenue); moof existing traffic control on 1St Avenu and traffic signal replacement at three intersections, pavemenction and rehabilitation, replacement of on -ADA compliant sidewalk ramps, and addition of a right-turnormon Trek Boulevard; and WHEREAS, the City desires to se re the services of a consultant to rovide engineering services related to the 4- lane to 3 -lane conversions on 1St A enue (U.S. Highway 6 to M 1 Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue); and WHEREAS, the City issued to qualified aforementioned project; and WHEREAS, through the proposal and interview project understanding and depth of knowledge/e)s NOW THEREFORE, it is agreed by and between Consultant to provide services as set forth herein. I. SCOPE OF SERVICES a request fof proposals to provide engineering services for the Sny0er and Associates, Inc. displayed the highest level of on lane to 3 -lane conversion projects; and hereto that the City does now contract with the Consultant agrees to perform the following services f r the City, an\meeting a timely and satisfactory manner. TASK 1— DATA COLLECTION AND INIT PUBLIC INVO 1. The Consultant will participate i an initial kick-off the City to establish the goals and objectives of the project. This eting will provide a,to confirm strategy and schedule, as well as gather any existing relev nt information from the City. 2. The Consultant will perform rvey and obtain background data nece ary to prepare basemapping for the project. The consultant 11 evaluate the survey to determine ADA co pliance of existing facilities. 3. The Consultant will perfo traffic studies and analysis, including: a. Data Collection - he Consultant will utilize existing traffic counts at were collected within the last four yea . The Consultant will collect peak hour turning no ment counts to update existing counts ns hat are more than six years old at the following locatio,: i. 1 st Av & US Hwy 6 ii. Mo on Trek & Westside Dr iii. M rmon Trek & Walden Sq/Cameron Way The Consultant will also conduct travel time studies along Mormon Trek to aid in validating existing traffic models. These will be collected during three periods for one hour each period. b. Coordination with City, DOT, and MPOJC - The Engineer will coordinate with City, DOT, and MPOJC staff to receive other existing traffic counts along both the 1St Ave and Mormon Trek corridors and determine appropriate future traffic projections. Request for Proposal #16-73, Page 2 of 8 c. Analysis - The Consultant will perform analysis (both AM and PM peak hours) on the existing traffic counts with the existing corridor geometry to compare and adjust models to represent existing operational conditions along both Is' Ave and Mormon Trek corridors. Once the models have been validated, they will be revised to proposed geometry and analyzed for impacts of converting to the three -lane option. Upon completion of existing traffic vola analyses, the Consultant will incorporate projected traffic volumes to determine to range impacts of conversion or determine when modifications are necessary to the three -la option. d. Report - The Co sultant will prepare a report documenting the findings of the data collection and analysis for th City and to share findings at public meetings as necessary. e. Meetings - The Con ultant will attend a meeting with City staff to discuss the results of the traffic study. The C sultant will also participate i a Council Work Session to provide Council Members wi the results of the traff analysis and recommendations for improvements. 4. After the Council Work Session, t e Consultant will mee with City Staff to prepare a plan for the initial public meetings (one per corri or). 5. The Consultant will assist with the ilitation of the ' itial public meetings. The Consultant will send out notifications and prepare visua aids and han uts for the meetings. It is anticipated that the City will procure the meeting location. 6. Assumptions: The City will provide exists g traffic ignal timings and available as-built/construction drawings for traffic signals along the I` Av and rmon Trek corridors. The intersections include: i. ls` Ave & US Hwy 6 ii. ls` Ave & Lower Muscatine Rd iii. Mormon Trek & IA Hwy 1 (timi s only) iv. Mormon Trek & Westside Dr ( mi s only) V. Mormon Trek & Rohret Rd/C e Dr vi. Mormon Trek & Benton St vii. Mormon Trek & Walden SX/Cameron ay viii. Mormon Trek & MelroseAve (timings ly) TASK 2 — DETERMINATION OF 1. The Consultant will analyze the /xisting roadway patterns, and review current 2. Based on the results of this determine bicycle accomm widths, striping patterns, ani 3. The Consultant will perfo conversion to determine and replacement needs ill 4. The Consultant will ovic comment. DESIGN , review pavement condition and joint acce spacing. revit and the findings of the traffi study and analysis, the Consultant will o tion improvement needs, turn 1 e needs, ADA improvements, lane rn lane lengths. n a field review of the existing traffic ignals impacted by the three lane any equipment could be reused as a pa of the project. Signal alteration be identified. the recommended functional design to tie Iowa DOT for review and TASK 3 — TRAFFIC MODELFAG TO PREDICT FUTURE CONDITIONS 1. The Consultantill prepare simulations to help visualize traffic flow through`a three -lane configuration. 2. Mainline and ' tersection capacities will be evaluated and travel time impacts will be estimated. 3. The Consultant will also review bicycle level of service within the corridors. TASK 4 — PUBLIC ENGAGEMENT Request for Proposal # 16-73, Page 3 of 8 1. The Consultant will prepare before and after functional geometry roll plots, simulations, and photo - imaging. The Consultant will also prepare opinion survey materials and content for use on City media and online outlets to aid in public engagement. 2. The Consultant will assist with the facilitation of two public engagement meetings (one per corridor) to gather input on the proposed functional design from the public. TASK 5 — ALTERATIONS TO 1. The Consultant will comp received from the interest gr 2. The Consultant will revise the engagement process and from TASK 6 — PUBLIC INFORMATION TO DESIGN BASED ON PUBLIC INPUT the results of opinion surveys and analyze , :)s, stakeholders, and public meeting attendees. roposed project concept based on feedback r � Staff. THE FINAL CONCEPT respond to comments through the public The Consultant will prepare a finaloncept report for distribute to interest groups, stakeholders, public meeting attendees, and the Ci The final concept re rt will include a summary of input received and any responses needed to ad ess public concern/eeting It is anticipated that distribution of the final concept will be by email or mail, and t at another public will not be necessary. 2. The Consultant will prepare content for use on ity media And online outlets. This content may include short informational articles and small graphicspropri e for posting on the City's website, facebook, or Twitter accounts. TASK 7 — DESIGN AND PLAN PRODUCTION 1. The Consultant will design the proposed improv ent for the project, including the following: a. Roadway Design i. Typical cross sections ii. Typical construction detai iii. Geometric improvement iv. Pavement rehabilitatio or repair v. ADA improvement and associated sidewal ramp details for Iowa DOT S Sheets at the Mormon Trek oulevard intersections wit Rohret Rd/Cae Dr, Benton Street, and Walden Sq/Cam ron Way. vi. Pavement mar rags vii. Staging and raffic Control details b. Signal Design i. Signal m difications at: 1. 1 St Ave & US Hwy 6 . 1" Ave & Lower Muscatine Rd ii. Signal replacement at: 1. Mormon Trek & Rohret Rd/Cae Dr 2. Mormon Trek & Benton St 3. Mormon Trek & Walden Sq/Cameron Way 2. The Consultant will prepare up to ten acquisition plats necessary for construction of the proposed improvements. It is anticipated that acquisition plats will be necessary at these locations: a. Mormon Trek & Rohret Rd/Cae Dr — SW and SE corners (2 plats) Request for Proposal #16-73, Page 4 of 8 b. Mormon Trek & Benton St — SE Corner (4 plats) c. Mormon Trek & Walden Sq/Cameron Way — All corners (4 plats) 3. The Consultant will coordinate with utilities to address potential conflicts with the proposed improvements. 4. The Consultant will repareZreok sets of construction plans and specifications for local letting; one for 0 Ave and one for Mo on \ork The plans will contain sufficient details, notes, and tabulations for construction of all of thded in list of proposed improvements above. a. Plans will befor City review at 30%, 60%, and 90% completion milestones. Specifications itted for review at the 90% completion milestone. b. Plans will alsoed to the Iowa DOT for review andreised based on comments received. TASK 8 — BID ASSISTANCE 1. The Consultant will prepare bidding dod prepare plan clarifications and addenda if 2. The Consultant will attend one nreconstru TASK 9 — EXTRA SERVICES (to be added or deleted by Ls for two locally let A during the letting p meeting for each of > ects. The Consultant will also construction projects. if requested) 1. If the number of acquisitions plats necessary for th proposed ' provements deviates from the count of ten provided for in the base agreement, the Consult will ad' st the total fee by $1,800 per plat. 2. The Consultant will be available to perform const do services for the projects, should the City request a supplemental agreement for this additional wo H. TIME OF COMPLETION The Consultant will work to complete the following phases ofthe Projectn general accordance with the following schedules. / \ 1' AVENUE OWROVEMENTS Work Task Milestone Dates Council Action on Agreement D cember 15, 2015 Kick-off Meeting with City Staff Ja ary 2015 Task 1 — Data Collection and Initial Public Iroolvement Dec tuber 2015 — January 2016 Task 2 — Determination of Recommended F nctional Design JanAy 2016 — February 2016 Task 3 — Traffic Modeling to Predict FutuV6 Conditions Febru 2016 Task 4 — Public Engagement March kO16 Task 5 — Alterations to Functional Des' Based on Public Input March 26,16 Task 6 — Public Information to Relay e Final Concept Aril 2016 Task 7 — Design and Plan Productio March 2016 — April 2016 Task 8 — Bid Assistance May 2016 — June 2016 Request for Proposal # 16-73, Page 5 of 8 MORMON TREK BOULEVARD IMPROVEMENTS Work Task Milestone Dates Council Action on Agreement December 15, 2015 Kick-off Meeting with City Staff January 2016 Task 1— Data Collection and Initial Public Involvement December 2015 — January 2016 Task 2 — Determination of Recommended Functional Design January 2016 — February 2016 Task 3 — Traffic Modeling to Predict Future Conditions March 2016 Task 4 — Public Angagement March 2016 Task 5 — Alteratio s to Functional Design Based on Public Input Aril 2016 Task 6 — Public hifoVnation to Relay the Final Concept Aril 2016 Task 7 — Design and Nan Production Aril 2016 — August 2016 ROW Acquisition (by 'ty) April 2016 — August 2016 Task 8 — Bid Assistance Sqptember 2016 — October 2016 III. GENERAL TERMS A. The Consultant shall not c mmit any of the following empl ment practices and agrees to prohibit the following practices in an subcontracts. 1. To discharge or refus to hire any individual ecause of their race, color, religion, sex, national origin, disabili age, marital status, nder identity, or sexual orientation. 2. To discriminate against an individual in erms, conditions, or privileges of employment because of their race, color, eligion, s , national origin, disability, age, marital status, gender identity, or sexual orien ation. B. Should the City terminate this Agreeme performed up to the time of termination. sum" amount listed in Section W. The C days' written notice to the Consultant. , C. This Agreement shall be binding u no assignment shall be without the D. It is understood and agreed that Project shall be as an independe the right to employ such assistar) Consultant shall be paid for all work and services ;ver, such sums shall not be greater than the "lump ✓ terminate this Agreement upon seven (7) calendar ion he succe ors and assigns of the parties hereto, provided that tten consen of all Parties to said Agreement. e retention of the Consultant by the City for the purpose of the contractor and sha 1 be exclusive, but the Consultant shall have as may be required r the performance of the Project. E. It is agreed by the City that # records and files pertaii for the project shall be avail ble by said City upon ret agrees to furnish all reason le assistance in the use of F. It is further agreed that r)6 Party to this Agreement shall local law or any of the o/dinances of the City of Iowa City, to information needed by the Consultant ble request to the Consultant. The City . cords and files. contrary to any state, federal, or G. At the request of the ity, the Consultant shall attend meetings f the City Council relative to the work set forth in thV Agreement. Any requests made by the Cishall be given with reasonable ns notice to the Coant to assure attendance. t\ H. The Consultaneagrees to furnish, upon termination of this Agreeme�t and upon demand by the City, copies of all basic notes and sketches, charts, computations, andlany other data prepared or Request for Proposal # 16-73, Page 6 of 8 obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Co sultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City a ees to tender the Consultant all fees in a Thely manner, excepting, however, that failure of the onsultant to satisfactorily perform in accorce with this Agreement shall constitute grounds for the ity to withhold payment of the amounticient to properly complete the Project in accordance wit)( this Agreement. K. Should any section dYthis Agreement be found inval' , it is agreed that the remaining portion shall be deemed severable m the invalid portion and cqAtinue in full force and effect. L. Original contract drawing shall become the pro rty of the City. The Consultant shall be allowed to keep reproducible copies\orthe Consultant'sling use. M. Fees paid for securing appf authoriti s having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Co ul t acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee having an interest in a contract with the City, and certifies that no employee or officer of the , which includes members of the City Council and City boards and commissions, has an eres either direct or indirect, in this agreement, that does not fall within the exceptions to/saisutory rovision enumerated in Section 362.5. O. The Consultant agrees at amateria to this Agreement to have and maintain professional liability insurance covering sultant's bility for the Consultant's negligent acts, errors and omissions to the City in the1,000,000. Request for Proposal # 16-73, Page 7 of 8 IV. COMPENSATION FOR SERVICES The total hourly, not to exceed fee for services under this Agreement is $172,990.00. The associated hour estimate is included below. . . . . ..... .... .. ..... . ............. .. ..... .............. ............... ......................................... . ............... .. . ............ .................... ..................... ........ .......... ....... ............................... $156 Project Manager $183 Traffic Engines r $132 Engineer $110 Survey Cadd Tech $123 Planner $94 G raphic Specialist Survey& Data Collection ............................. ................................... 16 Project Kick-off Meeting with City of\wa City 4 4 4 Site Assessment 2 8 Utility Coordination 2 2 4 Pavement Condition Analysis 2 2 4/ I Limited Topographic Survey 2 24\ 80 Limited Boundary Survey 6 24 \ 80 Base Map Preparation 14 8 224 40 0 1 0 SUBTOTAL HXURS 6 6 20 200 0 0 SUBTOTAL L'�CT . ..... ..... .....:.:::::.:::::::::::::::::::.......4 .. . ............... .. . .... . ....... X, ........ ... .............. ............. . ........ * . ............. .................. ........ $26,674 ............. .................... Traffic Analysis .......................... ..................... ......... x. .... . .......... ..................... X ........................... ........ Traffic Data Collection 2 2 24 Traffic Forecasting 2 8 0 Traffic Modeling 1 4/ 40 A 32 Technical Analysis Wmo J 24 4 16 SUBTOTAL HOURS 0 12 96 4 0 48 SUBTOTAL AMOUNT 2 24 $19,820 Public Involvement ..................................... 6 ........................... . ............ . . . ... ..... ........ . .. .......... Meetings and Coordination with City of Iowa City (4) 12 12 24 8 0 0 City Council Work Session 4 4 8 4 4 Meeting and Coordination with ]DOT (1) 4 4 12 2 .......... ............ .......................... ............. Public Meetings (4) 32 111?4 40 24 32 64 SUBTOTAL HOURS 52/ 2 84 38 32 68 SUBTOTAL AMOUNT 4 $41,760 Design .. ... .......... . .............. . . .. .. . .................... . .......... ............ .................... Traffic Control Design 2 16 Pavement Design 2 16 Intersection Design 24 Traffic Signal Design 2 80 Construction Phasing Plan 2 2 16 Construction Details 2 2 N I ADA Pedestrian Ramp Design 2 24\ Right of Way Design 6 24 \ SUBTOTAL fiOURS 14 8 224 0 0 1 0 SUBTOTAL/WU $3N216 Plan Production . ..... ..... .....:.:::::.:::::::::::::::::::.......4 .. . ............... .. . .... . ....... X, ........ ... .............. ............. . ........ * . ............. .................. ........ .. ............. .................... Plan View Sheets 24 Intersection Details 2 824 Traffic Signal Plans 2 12 0 Construction Phasing Plans 1 2 8 A Detail Sheets 4 1 16 Tabulations, Quantities, Notes 4 8 Sidewalk Ramp Detail Sheets (Iowa [YbT S Sheets) 2 24 24 Acquisition Plat Preparation (10) 6 96 /SUBTOTAL HOURS 6 4 70 296 0 0 SUBTOTAL AMOUNT. $43,468 Bid Phase Assistance X. ....................................... ............................ - . ....... ..................... .............. .......... ............ .......................... ............. Preparation of Bidding Documeos 2 2 4 8 Preparation of Final Constructijin Cost Estimates 2 8 Preparation of Addenda (if re fired) 4 4 Preconstruction Meetings Qf 8 16 SUBTOTAL HOURS 2 12 32 12 0 0 SUBTOTAL AMOUNT $8,052 TOTAL HOURS 80 86 526 550 32 116 TOTAL AMOUNTS $12,480 $15,738 $69,432 $60,500 $3,936 $10,904 TOTAL FEE $172,990 Request for Proposal #16-73, Page 8 of 8 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further a%ha d that there are no other considerations r monies contingent upon or resulting from the executionthis Agreement, that it is the entire Agreement, and that no other monies or considerationa been solicited. C. This Agreement sha be interpreted and enforced in a cordance with the laws of the State of Iowa. Any legal proceeding insti ted with respect to this A ement shall be brought in a court of competent jurisdiction in Johnson\anobjection ty, Iowa. The parties ereto hereby submit to personal jurisdiction therein and irrevocably waive as to venue erein, including any argument that such proceeding has been brought in an venient forum. FOR THE CITY By: /By: Title Date: ATTEST: FOR THE CONSULTANT Approved by: Ci Attorney's Office "( / i Sr Date 1/ 6 (/-/) Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 RESOLUTION NO. 15-383 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 1 TO THE JUNE 17, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SLOTHOWER ROAD/IWV ROAD WATER MAIN PROJECT. WHEREAS, the City of Iowa City entered into a contract on June 17, 2014 for consulting services with McClure Engineering Company, of North Liberty, Iowa, to provide design services for the Slothower Road/IWV Road Water Main Project; and WHEREAS, the City of Iowa City desires to broaden the scope of services to be performed by the Consultant to provide additional design development and plan revisions and to prepare and update final design for construction of the Slothower Road/IWV Road Water Main Project; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with McClure Engineering Company; and WHEREAS, funds for this project are available in the Slothower Road - Melrose Water Main account #W3215; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement, Slothower Road/IWV Road Water Main Project, Amendment No.1 attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 1 to the Consultant's Agreement. Passed and approved this 15th day of December , 2015. ►i_V&91: Approved by ATTEST: 4 - CIT €RK " City Attorney's Office 12Ip-Il Resolution No. 15-383 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton AMENDMENT NO. 1 TO CONSULTANT AGREEMENT THIS AMENDMENT NO. 1, made and entered into this /5r#day of Mgan, 2015, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and McClure Engineering Company, of North Liberty, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City and Consultant entered into a Consultant Agreement on or about June 17, 2014, for engineering consulting services for the Slothower Road/IWV Road Water Main Project; and WHEREAS, in the course of performance on said agreement, the City determined that a geotechnical study was necessary and appropriate during design of the Project, that a separate tree removal plan was necessary and appropriate to accommodate Indiana Bat habitat and migration activities; and WHEREAS, the City has also determined that the water main should not extend to the landfill as originally contemplated; and WHEREAS, this Amendment No. 1 is necessary to amend the Scope of Services and Compensation to address these changes in circumstances. NOW THEREFORE, it is agreed by and between the parties hereto that the Consultant Agreement, dated June 17, 2014, is hereby amended as follows: I. Section I. Scope of Services, Task 2.03 Soil Boring Coordination in the Consultant Agreement shall be deleted and replaced with the following: The CONSULTANT will prepare request for proposals and obtain bids from Geotechnical Firms for completion of geotechnical investigation of the proposed project corridor. The Geotechnical Firm selected shall be considered a sub -consultant for CONSULTANT. The geotechnical investigation will provide soil boring logs, ground water information, bedrock depths, and corrosive nature of existing soils and leaking underground storage tank (LUST) site testing, including soil and groundwater plume modeling. Additionally, the suitability of the in situ soil for use as bedding and backfill material will be evaluated for the Project. A geotechnical investigation report provided by the selected Geotechnical Firm will be included with the final bidding documents. The geotechnical investigation shall be a contract directly between the CONSULTANT and the Geotechnical Consultant. Costs for the geotechnical investigation shall be paid by the CONSULTANT. II. Section 1. Scope of Services, Task 4.02 Check Plan Preparations (90%) in the Consultant Agreement shall be amended to add the following: Revise the 90% Check Plans, including the drawings and specifications, to remove reference to the IWV Water Main Improvements to the Landfill, as directed by CITY. III. Section 1. Scope of Services, Task 4.05 Final Bidding and Construction Documents in the Consultant Agreement shall be amended to add the following: -2 - CONSULTANT shall prepare separate plan sheet for demolition of trees by CITY and mark/stake trees for removal by CONSULTANT'S Survey Crew. IV. Section IV. Compensation for Services in the Consultant Agreement is amended to add a fee for the amended Scope of Services described above as follows: In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant a lump sum fee of $3,800 for the Geotechnical investigation, and the following HOURLY NOT -TO -EXCEED FEE of $3,887.50 for Revisions to Check Plans and Construction Documents, including any authorized reimbursable expenses, pursuant to the Schedule of Fees attached and incorporated into the Consultant Agreement. The amended total not -to -exceed fee is $60,087.50. III. All other provisions of the Consultant Agreement not specifically and expressly amended herein remain in full force and effect. FOR THE CITY F R THE ONSULTANT By: �z� BY Title: Mayor Ti 'fo `- l� �►� Date: December 15, 2015 Date: l2•Oq ' 2o�S Approved by: City Attorney's Office / 2 b SJ -/.r Date 4 CITY OF IOWA CITY 4d(17) MEMORANDUM - DATE: December 9, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer -J�H XX RE: Slothower Road/IWV Road Water Main Project — December 15 Introduction: This project includes the installation of a new 16 -inch water main along the east side of Slothower Road, from Tempe Place to Melrose Avenue. History/Background: Prior to the project, existing water mains along Melrose Avenue and Tempe Place terminated as dead ends, making customers in these areas susceptible to water outages if a main break were to occur. This project included the installation of a new 16" DIP water main, which tied into the 12 water mains located near Tempe Place and along Melrose Avenue. These improvements complete a looped system in the area, which provides for a more reliable system with the ability to maintain water flow from another direction in the case of a main break. McClure Engineering Company was contracted to provide engineering services for design and construction documents related to the Project. The contract amount was $52,400. Discussion of Solutions: During the design process, it was determined work outside the original scope was required, and the scope was expanded to provide a geotechnical study and revisions to check plans and construction documents (including the removal of the proposed water main to the landfill and the addition of a tree removal plan). The additional scope of work for the geotechnical study involved hiring of a subconsultant to complete a geotechnical investigation to provide soil boring logs, ground water information, bedrock depths, corrosive nature of existing soils and leaking underground storage tank (LUST) site testing, including soil and groundwater plume modeling. The revisions to check plans and construction documents included two tasks, removal of proposed water main to the landfill and development of a tree removal plan. The original project scope included new water main along Slothower Road, as well as new water main along Melrose Avenue/IWV Road from Slothower Road to the landfill. However, as the design was being finalized, several issues arose related to extending new water main to the landfill, including difficulty in determining an alignment that would work under present conditions, as well as future conditions if Melrose Avenue/IWV Road were improved/reconstructed. Because of those issues, the proposed water main would likely need to be replaced as part of any future project that altered the profile of Melrose Avenue/IWV Road. The City decided to remove the proposed water main to the landfill from the plans prior to the final plan submittal, and the Consultant was directed to make revisions to update the plans accordingly. A tree removal plan was also added to the project scope. The plan was necessary to allow for the removal of impacted trees in preparation for the project, to accommodate Indiana Bat habitat and migration activities. December 9, 2015 Page 2 Financial Impact: The not -to -exceed fee for the original contract was $52,400, and funding was via Water revenues. Amendment No. 1 includes the following additional fees: Geotechnical Study: $3,800.000 Revisions to Check Plans and Construction Documents: $3,887.50 The amended total not -to -exceed fee for this project is $60,087.50. Recommendation: Staff recommends proceeding with approval of Amendment No. 1 7 61- C/ 7) AMENDMENT NO. 1 TO CONSULTANT AGREEMENT THIS AMENDMENT NO. 1, made and entered into this ,_ day f , 2015, by and between the City of Iowa City, a cipal corporation, hereinafter r rred to as the City and McClure Engineering Company, North Liberty, Iowa, hereinafter ref rred to as the Consultant. WHEREAS, the City an Consultant entered into a Co ultant Agreement on or about June 17, 2014, for engineering co ulting services for the Sloth er Road/IWV Road Water Main Project; and WHEREAS, in the course of performance on�te aid agreement, the City determined that a geotechnical study was ne sary and approp ' during design of the Project, that a separate tree removal plan was nece sary and appr nate to accommodate Indiana Bat habitat and migration activities; and WHEREAS, the City has also d ermine hat the water main should not extend to the landfill as originally contemplated; and WHEREAS, this Amendment No. is necessary to amend the Scope of Services and Compensation to address these cha es in circumstances. NOW THEREFORE, it is agre d and between the parties hereto that the Consultant Agreement, dated June 17, 201 , is he by amended as follows: I. Section I. Scope of Service , Task 2. Soil Boring Coordination in the Consultant Agreement shall be deleted and replace with the foil wing: The CONSULTANT ill prepare requ st for proposals and obtain bids from Geotechnical Firms for completio of geotechnical i vestigation of the proposed project corridor. The Geotechnical Firm selected shall be co sidered a sub -consultant for CONSULTANT. The geotechnical inv tigation will provide s ' boring logs, ground water information, bedrock depths, and co rosive nature of existin soils and leaking underground storage tank (LUST) site t ting, including soil and gr undwater plume modeling. Additionally, the suitability of t e in situ soil for use as beddin and backfill material will be evaluated for the Project. A eotechnical investigation report rovided by the selected Geotechnical Firm will be incl ed with the final bidding document . The geotechnical investigation shall be a contract d' ectly between the CONSULTANT a the Geotechnical Consultant. Costs for the aeot hnical investigation shall be paid by the ONSULTANT. II. Section . Scope of Services, Task 4.02 Check Plan reparations (90%) in the Consultant Agreeme shall be amended to add the following: vise the 90% Check Plans, including the drawing and specifications, to remove reference to the IWV Water Main Improvements to the Lan 'll, as directed by CITY. III. Section 1. Scope of Services, Task 4.05 Final Bidding and Cons ction Documents in the Consultant Agreement shall be amended to add the following: -2 - CONSULTANT shall prepare separate plan sheet for de olition of trees by CITY and mark/stake trees for removal by CONSULTANT'S Survey rew. IV. Section IV. Compensation for Services in the Consul nt Agreement is amended to add a fee for the amended Scope of Services described above as ollows: In consideration of the services, work, equipment, agrees to pay the Consultant a lump sum fee of V following HOURLY NOT -TO -EXCEED FEE of Construction Documents, including any authori; Schedule of Fees attached and inted into not -to -exceed fee is $60,087.50. 7 )p 'es, or materials provided herein, the City for the Geotechnical investigation, and the 87.50 for Revisions to Check Plans and reimbursable expenses, pursuant to the Consultant Agreement. The amended total III. All other provisions of the ConsdY ant/Agreement not specifically and expressly amended herein remain in full force and effect. \\ // FOR THE CITY By: Title: Date: ATTEST: By: Title: Date: FOR THE CONSULTANT Apprpved by: City Attorney's Office /Z /¢/,S- Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 15-384 RESOLUTION REVISING AND ADOPTING THE IOWA CITY INTERIM MUNICIPAL DESIGN STANDARDS PART 7 (WATER DISTRIBUTION SYSTEM) AND CONSTRUCTION SPECIFICATIONS SECTION 02660 (WATER DISTRIBUTION). WHEREAS, the Iowa City Interim Design Standards Part 7 (Water Distribution) needs to be revised to include updated materials as well as updated design requirements that are in alignment with the Statewide Design and Specifications (SUDAS); and WHEREAS, the City of Iowa City desires to have the Iowa Department of Natural Resources approve the construction specifications for water distribution; and WHEREAS, this approval will streamline the Iowa Department of Natural Resources review of all water main construction permits in Iowa City; and WHEREAS, the Iowa Department of Natural Resources requires that the construction specifications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Iowa City Interim Design Standards Part 7 (Water Distribution) and Construction Specifications Section 02660 (Water Distribution) on file in the City Engineer's Office is hereby approved and shall be used for all public water distribution design and construction. 2. The design standards and construction specifications shall be kept on file in the City Engineer's Office and shall be made available to the staff and public for use in the construction of public water distribution improvements within the City of Iowa City. Passed and approved this 15th day of December —,20 15 MAYOR Approved by ATTEST: � �, � CITY ERK City Attorney's Office Resolution leo. 15-384 ]Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne g Throgmorton l 12-15-15 CITY OF IOWA CITY 4d4dd i 8 i� MEMORANDUM DATE: December 2, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer RE: Water Distribution Design and Specification Revisions -December 15, 2015 Introduction: The Iowa City Interim Municipal Design Standards Part 7 (Water Distribution System) and Construction Specifications Section 02660 (Water Distribution) have been revised to meet current standards and regulations. History/Background: The Iowa City Interim Municipal Design Standards Part 7 (Water Distribution System) and Construction Specifications sections 02660 (Water Distribution) are utilized by engineers and contractors for the design and construction of water main within the City. Additionally, the construction specifications are submitted to the Iowa Department of Natural Resources for approval for water distribution. Approval of these specifications streamlines the Iowa Department of Natural Resources' review of all water main construction permits in Iowa City. In order for the Iowa Department of Natural Resources to approve the City's specifications, they require the construction specifications be approved by the City Council. Discussion of Solutions: The Design Standards Part 7 (Water Distribution) has been modified to include updated materials as well as updated design requirements that are in alignment with the Statewide Urban Design and Specifications (SUDAS). The Construction Specifications Section 02660 (Water Distribution) have been updated to meet current versions of the American Water Works Association (AWWA), Statewide Urban Design and Specifications (SUDAS) specifications and Iowa Department of Natural Resources standards. Financial Impact: There is no financial impact. Recommendation: Staff recommends proceeding with the following schedule for this project: December 15, 2015 —Approve revisions Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 15-385 RESOLUTION REVISING THE SIDEWALK CAFE POLICY TO ALLOW FOR CONTINUED LIMITED USE OF A PLANTER ON WASHINGTON STREET UNTIL THE STREETSCAPE PROJECT BEGINS. WHEREAS, Resolution No. 12-435 adopts a "Sidewalk Cafe Policy;" WHEREAS, the Sidewalk Cafe Policy allows for limited use of planters subject to a 3 -year lottery with the next 3 -year period for the planter in the 100 block of E. Washington Street to begin February 2016; WHEREAS, said planter on Washington Street will be permanently removed as part of the Streetscape Project in 2016; WHEREAS, BoJames has been allowed to use the said planter for the previous three years; WHEREAS, BoJames has requested to be allowed to continue to use said planter until the streetscape project begins in the spring of 2016; WHEREAS, because the planter will be permanently removed in 2016, it is reasonable to revise the Sidewalk Cafe Policy to allow BoJames to continue to use the planter during the spring of 2016 upon execution of an agreement and payment of the fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The "Sidewalk Cafe Policy" (Paragraph 6 of the section entitled Planters) is amended to allow for the following exception to the lottery provision for planters: Notwithstanding any provision herein, BoJames may continue to use the planter in the 100 block of E. Washington Street until the streetscape project begins in 2016 upon execution of an agreement and payment of a pro -rated fee. Passed and approved this 15th day of December , 2015. MAYOR Approved by: ATTEST: c CITYkGLERK City Attorney's Office Resolution No. 15-385 )Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: g Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton 'mr p°� CITY OF IOWA CITY alMEMORANDUM Date: December 4, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Sidewalk Cafe Policy Revision Under the City's Sidewalk Cafe Policy, businesses may utilize planters for cafe's with appropriate authorization. The policy recognizes the significant upfront cost that a business has to make to convert a planter space to a cafe and thus allows for a three year usage period. Bo -James has operated a planter cafe on Washington Street for the last three years. It is anticipated that Washington Street will be reconstructed in 2016. As part of the project, the planter that Bo -James utilizes will not be reconstructed. Bo -James has requested that it be allowed to continue usage of the planter for the first several months of 2016 until such time the project necessitates its permanent removal. Given the circumstances, staff finds this to be a reasonable request and has drafted an amendment to the policy to accommodate this specific request. The amendment allows Bo -James to forgo the three year lottery process detailed in the current policy. If approved, Bo -James will be required to pay a prorated fee for the planter usage in 2016. ^.per CITY OF IOWA CITY 4d(20) ANDUM MEMOR4d(21) To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: December 8, 2015 Re: Economic Development Committee Recommendations On December 1, 2015, the City Council Economic Development Committee (EDC) approved recommending two requests for funding assistance to the full City Council. One was a request for $7,908 in funding assistance for Little Village Magazine's upgrading of office space in order to relocate operations to Riverfront Crossings. The other was a request for funding the Creative Corridor branding efforts in the amount of $10,000 for the current fiscal year and to be included in the budgets of FY17 and 18. The staff memos provided in the EDC agenda packet are included for your information as well as the relevant text from the preliminary draft of the December 1, 2015 EDC minutes below: CONSIDER A REQUEST FOR FINANCIAL ASSISTANCE FOR LITTLE VILLAGE MOVE TO RIVERFRONT CROSSINGS OFFICE• $7,900 Ford introduced the next agenda item, a request for financial assistance from Little Village magazine. She stated that Matt Steele, owner of Little Village, has been trying to find ways to grow the business and recently found office space in the same building as Her Soup Kitchen, just north of the railroad depot on Dubuque Street. The building, recently purchased by Steve (former City of Iowa City employee) and Suzanne Long is in need of updating. The building owners and business owner desire to help maintain the character of this particular neighborhood by ensuring the old building is maintained and by creating appealing office space. The plan is to improve the energy efficiency of the building and the aesthetics. Ford reviewed planned upgrades and noted that there is also a plan to offer an artist in residence space in the building. Of the expected $24,000 in expenses to achieve this plan, the owners are requesting funding of $7,908 (1/3) from the City. Ford noted that the Comprehensive Plan and the Riverfront Crossings District Plans include several goals that can be met, in part, supporting this request. She added that Little Village, an employer of people in the creative fields of editing and writing and design, is also a great resource for visitors to the city. She said staff is recommending the City fund one-third of the $24,000 in costs to upgrade this building. Matt Steele noted that he greatly appreciates the Council's time and consideration in this matter. Payne asked about the HVAC systems and if owners are seeking a MidAmerican rebate for the HVAC system. Steele stated that he was not aware of this, and Payne further explained what MidAmerican offers, stating it could help reduce costs. She also asked about the LED lighting, suggesting they may also be able to get a rebate for some of those expenses. Markus noted that the Steve Long, the new owner of the building is the same Steve Long who used to work for the City. Markus then asked Steele how long a lease he will have on this new location. He responded that it is a five-year lease. Showing his support, Hayek stated that he believes Little Village provides an element of investigative journalism and coverage on local issues that is often lacking with the broader media. Payne then asked a question about the photos shown regarding facade upgrades. She questioned if this would be covered under the City's facade program or not. Ford stated that it would qualify but that that program is out of funds at this time. Hayek moved to recommend the request to the full City Council for financial assistance for Little Village's move to the Riverfront Crossings area, in the amount of $7,908. Payne seconded the motion. The motion carried 3-0. CONSIDER A REQUEST FOR FUNDING CREATIVE CORRIDOR REQUEST: $10.000: Ford noted the letter accompanying this request, stating that this request was made back in April to the City to participate in helping to fund the 'Creative Corridor' branding efforts. She stated that there is no one representative present today regarding this request, and that she would give Members some background on this branding effort. She noted the Creative Corridor branding is an effort that began a few years ago, with a goal to help the Iowa City area and the corridor within the national marketplace. These efforts are targeted to employers, and to people who might move to the area for employment. Ford noted who some of the key players are in this effort - the University of Iowa and the City of Cedar Rapids along with ten other municipalities and economic development organizations in the region. Markus added that both ICAD and the Cedar Rapids Metro Economic Alliance are currently attempting to partner on tenant recruitment and marketing, and he believes it is important for Members to remember that when corporations are looking at potential relocation, they are looking at places with larger populations. It is the wider 'corridor' aspect provides that greater population and laborshed than the City would have on its own. He also stated the growing competition with Des Moines and the 'corridor' they have established there with Ames and Iowa State University. Markus stated that he would recommend a funding commitment subject to an annual review, even if the Council agrees to set aside budgetary dollars for this for a three-year period. Mims noted that this effort has been going on now for several years, and that at first there were questions about the actual benefits from this initiative. She stated that with the staff recommendation, she is assuming that they are seeing positive results from this. Payne asked for clarification on the timing. Markus reiterated that the request is for a three-year period, starting with the current year's (FY16) amount. Hayek also asked how the funds are spent. Markus responded that with the Corridor Branding efforts, marketing is the main expense. Hayek added that he also believes there should be a Creative Corridor report to the committee after this funding cycle, so that they can better assess the effectiveness of this initiative. Payne moved to approve the request for funding Creative Corridor at $10,000 for FY16, and for intent to budget for FYs 17 and 18, with an annual review each year. Hayek seconded the motion. The motion carried 3-0. ^�'r,® CITY OF IOWA CITY MEMORANDUM To: Economic Development Committee From: Wendy Ford, Economic Development Coordinator Date: November 23, 2015 Re: 12/1/15 Agenda item #4, Request for funding; Little Village Intro Little Village Magazine is requesting $7,908 in financial assistance to help with the relocation and remodeling of an office location in Riverfront Crossings just north of the old Train Depot at 623 S. Dubuque Street. Little Village will move their operations to the new location, collaborate with an artist in residence for studio space and open a small retail shop with specialty items and gallery space for the artist. Little Village employs six full-time employees in the creative fields of writing, editing, graphic design and web design. History The building is an older office building that is also home to Her Soup Kitchen restaurant. Building owners and Little Village Magazine owners have a strong interest in maintaining the charming older character of that block of Riverfront Crossings and feel that attracting Little Village Magazine as a business tenant to the neighborhood helps to do that. The building co-owners, Steve and Suzanne Long and Little Village owner, Matt Steele plan to spend almost $24,000 on building upgrades. A combination of energy efficiency upgrades (furnace, A/C, windows and lighting) along with cosmetic improvements (paint, flooring and signage) will improve the old building, add appealing and affordable new office space, and give a boost to the exterior appeal with a modest budget. Discussion The economic development section of the Comprehensive Plan update (IC2030: May, 2013) states a goal of encouraging a healthy mix of independent, locally owned businesses and national businesses, in part, by recognizing that small and independently owned, local businesses are integral to Iowa City's "brand" and sense of identity. Additionally, the plan states a goal of supporting entrepreneurial activity and promoting an economic culture of innovation and collaboration among entrepreneurs and existing businesses. To this end, Little Village will be sharing office/studio space with an artist -in -residence who will also enjoy affordable space, be able to grow their business and collaborate on artistic projects for the magazine. The building is located in the Central Crossings sub district of the Riverfront Crossings Master Plan (Dec. 2012). Noted in the plan is a goal to maintain a moderate scale and intensity of use and to ensure that office uses are available. Owners want to ensure this one-story office building stays a one-story office building. Located just a few feet north of the historic Rock Island Depot building, its one-story size fits well and will help maintain the moderate scale of the small commercial neighborhood there. The City Council's 2014-15 Strategic Planning Priorities include three goals that relate directly to supporting Little Village request: 1) healthy neighborhoods, 2) a strong urban core, and 3) engaging in strategic economic development activities. Little Village has 6 full time people who desire to live and work in a pedestrian -oriented neighborhood. The office building in this neighborhood helps to meet the goal of healthy neighborhoods by ensuring there are places to work in the neighborhood. Being three blocks from the center of downtown Iowa City, the project contributes to the goal of maintaining a strong urban core. As the employer of what are largely creative industry jobs (writing, editing and design), investing in the future of Little Village can be considered a strategic economic development activity. Economic Development policies require that for consideration of economic development financial assistance, the developer must contribute at least as much as the request from the City. In this case, the building owner and the building tenant would pay 2/3 of the $23,725 and are requesting the other 1/3 ($7,908) from the City. Recommendation Because this request for financial assistance is aligned with the Comprehensive Plan, the Central District Plan and the City Council Strategic Planning Priorities staff recommends the funding request be granted from FY16 Economic Development funds. A L W A Y S F RE E LITTLE VILLAGE IOWA CITY'S NEWS & CULTURE MAGAZINE Iowa City Economic Development Committee Oct. 26, 2015 c/o Wendy Ford Dear Friends on the Iowa City Economic Development Committee: Exciting news: In November, Little Village will open a new office at 623 S Dubuque St, in Iowa City's Riverfront Cross- ings district. Though we will be a new addition to the neighborhood, our hope is that this investment in older building stock in that area will help Iowa City retain some of the original character of that block, as we believe aligns well with the city's plans. Nearly $24,000 in updates are currently underway, including exterior and interior repairs and updates, as well as the addition of an artist studio — the first of its kind to open in the newly appointed arts -friendly district. Commercial activity will include marketing and design services — currently employing six full time creative profession- als and serving over 100 public and private organizations in the Iowa City area — with potential expansions into light retail, art exhibition, or coffee service, depending on the changing demands of the neighborhood as it grows. Here is a breakdown of known costs: • Interior wall removal and remodel: $1500 • Exterior paint: $2000 • Energy efficient front door and windows: $3800 • High efficiency furnace/AC: $6000 • New flooring: $4500 • Exterior glass block repairs: $625 • Updated electric $1200 • High efficiency LED Lighting and ceiling tile replacement: $3100 • Interior painting: $1000 • Total: $23,725 Little Village and the building owners, ICBUR,LLC, request that the City partner with us to make these improvements, jump-starting this exciting addition to the Riverfront Crossings district with a 1/3 share of expenses ($7908). Thank you for your consideration, Matthew Steele, Little Village publisher@littlevillagemag.com cell: 319-512-9395 Attached Images: Exterior "before" & "after," flooring samples 623 S Dubuque St. EXTERIOR BEFORE &AFTER FLOORING: Main Area: slatted, char- coal -hue, wood -grain flooring will replace outdated, heavily soiled carpeting. (See "Pent House" at left) Offices: Green flooring matching "LV green" branding will deaden sound in our primary work spaces. (See "Pine Needles" at right). New white desks will brighten the space. r �I.® CITY OF IOWA CITY '''�� MEMORANDUM To: Economic Development Committee From: Wendy Ford, Economic Development Coordinator Date: November 23, 2015 Re: 12/1/15 Agenda item #5, Request for funding; Creative Corridor Branding Sponsorship Intro The Creative Corridor brand was established a few years ago to promote the rich assets of the corridor to four target market markets: a) companies located in, expanding in or moving to the corridor, b) current residents and employees, c) potential residents and employees, and d) young college-educated residents who are not place -bound. They are requesting $10,000 in FY16, 17 and 18. History The impetus for creating a regional brand stemmed from the idea that promoting the area along and at either end of the 1-380/218 corridor between Washington and Benton counties, as opposed to each part of the area individually, would have a larger impact on the regional and national appeal of the area. The Creative Corridor campaign is a collaborative effort involving organizations from up and down the corridor pledging annual contributions to continue the effort. The following is a list of contributing organizations and their annual pledges. Organization Yearly Pledge University of Iowa $26,666.00 Kirkwood $13,333.00 Cedar Rapids Metro Economic Alliance $5,000.00 Iowa City Chamber of Commerce $2,500.00 Marion Chamber of Commerce $1,000.00 City of North Liberty $5,000.00 Iowa City Area Development Group $5,000.00 East Central Iowa Council of Governments $1,500.00 City of Coralville $7,500.00 City of Cedar Rapids $10,000.00 M EDCO $1,000.00 Economic Regions Grant $17,000.00 Discussion The website, www.iowascreativecorridor.com gives the public the big picture of the area while highlighting aspects of each community. It gives employers information about the workforce and confidence that if they bring jobs, there will be enough people to FII those jobs. The Creative Corridor job search page at www.creativecorridor.co/'obs/ gives job seekers more than a dozen sources for searching for jobs in the Corridor. In the case of the Creative Corridor, the whole really is greater than the sum of its parts. As a whole, the region offers a larger laborshed from which to attract employees; as a whole, the region offers neighborhoods and communities from rural to urban; as a whole, the region offers cultural amenities on par with any of the big Midwest metros, and because of that, the region is able to be more competitive in attracting businesses and families to the Corridor. The updated Comprehensive Plan states several economic development goals including continued collaboration with other local organizations to promote economic development in Iowa City. To achieve this, one strategy is to continue to work with the Iowa City Area Development Group (a key partner in the Iowa's Creative Corridor collaboration) as the lead economic development agency in the area. Other strategies include coordination with the University of Iowa, the Iowa City Area Chamber of Commerce, and other organizations to attract new businesses and grow existing ones. Recommendation Staff recommends funding Iowa's Creative Corridor $10,000 this fiscal year from the Economic Development fund and for budgeting funding in FYI and 18. SEATjvF O.:) rtmCnYirvn sem. .w. . .w.., a Wrrka to Iowa's CnetM Corner 4BI151N(4 .� C".10IrvF YJF CFEA<F .. ,. .... MFPf'ap(yFFI .. ry ,r .`• iowa's creatrw corridor „►s r*1 NA SEARCH JOBS Find your next career in Iowa's Creative Corridor. 6301 Kirkwood Blvd. S.W. P.O. Box 2068 Cedar Rapids, Iowa 52406 www.kirkwood.edu April 21, 2015 Tom Markus, City Manager City of Iowa City 410 E Washington St Iowa City, IA 52240 Dear Tom: On behalf of the Corridor Business Alliance, I am writing to request the support of the City of Iowa City toward the regional branding efforts of Iowa's Creative Corridor. Your support will assist us in building internal and external audience communication and engagement within the region. We are excited about the potential three year commitment of $10,000 annually. If you agree, we would invoice your organization $10,000 on July 1, 2015, 2016 and 2017. Thanks for your consideration of our request. Please feel free to contact me at 319.398.5525 if you have any questions. Cordially, Kim Becicka Vice President Continuing Education & Training Services Corridor Business Alliance Attn: Kirkwood Community College Kim Becicka, Vice President Continuing Education & Training Services Division PO Box 2068 Cedar Rapids, IA 52406-2068 (319) 398-5548 BILL TO: City of Iowa City Attn: Tom Markus 410 E Washington St Iowa City, IA 52240 INVOICE July 1, 2015 Payment Due upon Receipt Description Total Creative Corridor Branding Sponsorship , $10,000.00 First Installment of Three: Second Billing: July 2016 Third Billing: July 2017 TOTAL DUE: ! $10,000.00 1 Please make check payable to Kirkwood Community College. Mail payment and copy of Invoice to: Karen Friederich, Kirkwood Community College, PO Box 2068, Cedar Rapids, IA 52406-2068. Thank Youi Iowa's Creative Corridor Regional Marketing/Branding Campaign CreativeCorridor.co Website Redesign and Hosting Timeframe: August, 2014 to July, 2017 Three Year Annual Commitment The Value Proposition Iowa's Creative Corridor boasts rich assets in science, technology, art and culture. Rated as one of the top five most educated metro areas in the nation, the corridor is centrally located between Chicago, Minneapolis, St. Louis, Kansas City and Omaha. Rich cultural experiences can be found minutes away from anywhere in the corridor. A trail system weaves throughout multiple cities and communities. An indescribable Midwestern spirit and welcoming nature create a strong foundation for relationships between residents and newcomers. Iowa's Creative Corridor (and its helix mark and brand) defines a competitive stance and delivers immediate value. We Create Here focuses on the entrepreneurial spirit of the region, and represents a tag line or theme. Iowa's Creative Corridor is the umbrella brand, and We Create Here compliments this brand. A Critical Look at Benefit -driven Market Segments Iowa's Creative Corridor underscores the value proposition for the private sector and sends a strong positioning message to community members and visitors. The following target markets are the focus of the regional marketing campaign: • Companies located in the corridor, expanding in the corridor or moving to the corridor • Current residents and employees • Potential residents and employees • Young college-educated residents who are not place -bound The four segments above will allow us to engage the private sector, and develop key communications to stay on message to the entire region. A strong partnership with the Corridor Business Alliance* and Corridor Alliance* will support the regional marketing efforts. Four Focus Areas Engagement of audiences: Lists for the four segments, create an online registration form for others to easily to join a list, and engage the audience by connecting content from the following sources: • The original website (including stories/videos that have already been produced) • The Cedar Rapids Gazette • The Corridor Business Journal • Other regional news outlets including TV and radio • Kirkwood Training and Outreach Services • Regional chambers and CVBs • The region's economic development organizations • Kirkwood Community College • Kirkwood Small Business Development Center • University of Iowa Small Business Development Center • John Pappajohn Entrepreneurial Center • Cultural and arts sites such as Iowa Cultural Corridor Arts and NewBo • Empowered Professionals of Iowa City • NextGen Summit • ImpactCR • Current and past Leadership for Five Seasons classes • Other regional colleges • Health Care/wellness initiatives such as the Blue Zones project, the MedQuarter, University of Iowa Hospitals, Iowa Health System and Mercy Medical Center • Service clubs such as Rotary or Kiwanis • K-12 school districts Engagement with the brand: Make branding materials and elevator speeches available. Create downloadable materials/web order forms for companies, organizations and individuals who are willing to participate in grassroots messaging. Engage with Regional Brand contributors through: • Engagement in collateral for the website and calendar events • Strategic use of the brand for workforce recruitment and community recruitment • Suggestions for regional marketing ideas, venues, and visibility Develop a priority list of private sector employers/partners to engage with the brand through: • Strategic use for recruitment • Use of the collateral • Suggestions for brand locations or ways to showcase the brand in the region • Engagement with regional marketing and PR firms to assist private enterprise incorporate the brand Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 15-386 RESOLUTION AUTHORIZING $7,908 IN FUNDING ASSISTANCE FOR LITTLE VILLAGE MAGAZINE WHEREAS, the Economic Development Policies for Iowa City include improving the economic health of the community, and considering financial incentives and programs as a means to these ends, and WHEREAS, Little Village Magazine and the owners of the building are making energy efficiency and aesthetic improvements and have requested the City support the project by sharing in one- third (1/3) of the expenses; and WHEREAS, the Comprehensive Plan update states a goal of ensuring a healthy mix of independent, locally owned businesses recognizing that small and independently owned local businesses are integral to Iowa City's "brand" and sense of identity; and WHEREAS, the building that Little Village and the owners of the building wish to improve is located in the Central Crossings sub district of the Riverfront Crossings Master Plan which notes a goal of maintaining a moderate scale and intensity of use and to ensure office spaces are available; and WHEREAS, the City Council's Strategic Planning Priorities include goals of ensuring healthy neighborhoods, ensuring a strong urban core and engaging in strategic economic development activities, and supporting Little Village is aligned with these goals; and WHEREAS, the City Council allocated funds for Economic Development Opportunity in the FY16 budget (10610510-448070) and funds are available; and WHEREAS, the City Council Economic Development Committee approved a recommendation for $7,908 in economic development funding (3-0) at their meeting on December 1, 2015, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council approves this $7,908 request for funding from the Economic Development Opportunity budget. Passed and approved this 15th day of December , 20 15 -%-2LMVW roved ATTEST:�- CITY CLERK City Attorney's Office Resolution No. 15-386 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton q (�;) Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 15-387 RESOLUTION AUTHORIZING FUNDING OF $10,000 IN FY16, AND INTENT TO BUDGET $10,000 IN FY17 AND FY18 FOR CREATIVE CORRIDOR BRANDING EFFORT WHEREAS, the City of Iowa City has established Strategic Planning Priorities; and one of the Priorities is to engage in strategic economic development activities; and WHEREAS, Creative Corridor Branding efforts are geared to attracting employers and building the workforce using the larger demographic appeal of the Corridor; and WHEREAS, financial support from the City of Iowa City contributes to a pool of funding from municipalities and economic development organizations throughout the Creative Corridor; and WHEREAS, the updated Comprehensive Plan states several economic development goals including continued collaborations with other local organizations to promote economic development; and WHEREAS, on December 1, 2015, the City Council Economic Development Committee considered this request and recommends that the City Council approve the same; and WHEREAS, funds for this expense for FY16 would be made available from account 10610510- 448070 Economic Development Assistance and the allocation from the FY17 and FY18 budgets would also be made available from account 10610510 - 448070 Economic Development Assistance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council approves funding assistance for Creative Corridor Branding in the amounts of $10,000 from the FY16 budget, and expresses its intent to budget $10,000 for the same purposes in the FY17 and FY18 budgets. 2. Creative Corridor representatives shall provide a report to the City Council Economic Development Committee annually, in a form approved by the City Manager, to demonstrate the impact of the branding efforts. Passed and approved this 15th day of December , 20 15 . ved by ATTEST: - CITY CtERK City Attorney's Office Resolution leo. 15-387 Page 2 It was moved by Mims and seconded by Dobvns 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: Sarah Walz, Associate Planner, 410 E Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-0000?) RESOLUTION NO. 15-388 RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK ADDITION, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Paddock LLC, filed with the City Clerk the final plat of Saddlebrook Addition, Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 3469 PAGE 205 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 AND A PORTION OF AUDITOR'S PARCEL 2004093 AS RECORDED IN PLAT BOOK 48, PAGE 161 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, ALL LOCATED IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE S86042'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.22 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET, THENCE S84°47'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE 58612'1711E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09058'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 AND THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET AND AN ARC LENGTH 61.27 FEET; THENCE S86°54'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET AND AN ARC LENGTH 84.51 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH 32.65 FEET; THENCE S20009'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET AND AN ARC LENGTH OF 85.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 775.49 FEET AND AN ARC LENGTH 27.16 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE HAVING A RADIUS OF 792.38 FEET AND AN ARC LENGTH 5.51 FEET, THENCE S09006'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF 257.03 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET AND AN ARC LENGTH OF 35.88 FEET; THENCE S89059'15"E, A DISTANCE OF 99.88 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W, A DISTANCE OF 166.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET AND AN ARC LENGTH OF 151.98 FEET; THENCE S18056'31", A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET AND AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT Resolution No. 15-388 Page 2 HAVING RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF PROPOSED PARKWAY, THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET AND AN ARC LENGTH OF 623.34 FEET; THENCE N75`02'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET AND AN ARC LENGTH 617.53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00009'02"W, A DISTANCE OF 596.92 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, said final plat is a resubdivision of a portion of Saddlebrook Addition, Part 2; and WHEREAS, pursuant to the conditional zoning agreement entered into by and between the City and Owner, recorded at Book 5335, Page 558, an amendment to the Saddlebrook Addition, Part 2 subdivider's agreement is necessary to address the installation of public improvements that benefit both Saddlebrook Addition, Part 2 and 3; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The amendment to the Saddlebrook Addition, Part 2 Subdivider's Agreement, recorded at Book 3037, Page 304, to address the above-described conditional zoning agreement is hereby approved. 3. Upon completion of Heinz Road to its intersection with Mustang Lane, the City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision and amendment, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the Owner. Passed and approved this 15th day of December _,2015 podtemplatesTinal Plat -3rd Resolution [3j doadac Resolution No. 15-388 Page 3 ATTEST: //jae-lel CITY LERK It was moved by Mims adopted, and upon roll call there were: AYES: pcd/lemplat.e/F, el Plat- 3rd Resolution(3) dotal., NAYS: MAYOR Approved by City Attorney's Office /7 and seconded by Dobyns the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 4d(22) Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-0000?)� RESOLUTION NO RESOLUTION APPROVING FINA SADDLEBROOK ADDITION, PART 3, K WHEREAS, the owner, Pack LLC, filed with the City Clerk Part 2, Iowa City, Iowa, Joh on County, Iowa; and WHEREAS, said subdivisiois located on the County, Iowa, to wit: I A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK BOOK 3469 PAGE 205 AT TH JOHNSON COUNTY RECC QUARTER AND WEST HALFF THE NORTHEAST QUAF QUARTER OF THE SOUTHER T QUARTER OF SECTIO 2004093 AS RECORDED IN AT BOOK 48, PAGE 1 1 OFFICE LYING IN THE SOU HWEST QUARTER OI NORTHWEST QUARTER OF E NORTHEAST UAI LAT OF kCITY, IOWA. final plat of Saddlebrook Addition, real estate in Iowa City, Johnson FR ITION PART 2 AS RECORDED IN PLAT R'S OFFICE LYING IN THE NORTHWEST OF SECTION 25 AND THE SOUTHWEST 24 AND A PORTION OF AUDITOR'S PARCEL AT THE JOHNSON COUNTY RECORDER'S THE NORTHEAST QUARTER AND THE TER OF SECTION 25, ALL LOCATED IN TOWNSHIP 80 NORTH, RANGE WEST OF TH THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWES CORNE OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A D TAN OF 479.22 FEET; THENCE N89°50'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95. F T; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE 50'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86°12'17"E ALONG ID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTHLI DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEB 00 ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASE LOT 1 8, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART O SAID S DLEBROOK ADDITION PART 2, THENCE N09058'31"E, A DISTANCE OF 11.73 FEET TO T E NORTH ST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET O THE NO THEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION P RT 2 AND TH SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80002'47"E ALORG SAID SOUTHER Y RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; T�IENCE SOUTHERL ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 51 00 FEET AND AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT -0 -WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG SO THERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET AND AN ARC LENGTH 84.51 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A C VE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH 32.65 FEET; THENC S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALO CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET /,SND AN ARC LENGTH OF 85.53 F T TO A POINT OF CURVATURE; THENCE SOUTHERLY /LONG CURVE TO THE RIGHT HAVI A RADIUS OF 775.49 FEET AND AN ARC LENGTH 27.Y6 FEET TO A POINT OF CURVATURE; T ENCE SOUTHERLY ALONG CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE HAVING A RA IUS OF 792.38 FEET AND AN ARC LENGTH 5.51 FEET/THENCE S09°06'36"W, A DISTANCE OF 3.56 F ET, THENCE S82015'33"E, A DISTANCE OF 257.03 FEET TO A POINT OF CURVATURE; THENCE STERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET AND AN ARC LEN GT OF 35.88 FEET; THENCE S89059'15"E, A DISTANCE OF 99.88 FEET TO A POINT ALONG THE WES RLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W, A DISTANCE OF 166.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEIN A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET AND AN ARC LENGTH OF 151.98 FEET; HENCE S18°56'31 ", A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY A NG SAID WESTERLY RIGHT-OF- WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 ET AND AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT Resolution No. Page 2 HAVING RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF PROPOSED PARKWAY; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET AND AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FE T TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CU VE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET AND AN ARC LENGTH 617.53 FEET T THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'0 , A DISTANCE OF 596.92 FE TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONT ING 27.78 ACRES MORE OR LES , AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RE ORD. WHEREAS, the Department of Neighborkood and Development Serv* es and the Public Works Department examined the proposed final pla and subdivision, and reco mended approval; and WHEREAS, a dedication has been made to t4 public, and the su ivision has been made with the free consent and in accordance with the desires f the owners an proprietors; and WHEREAS, said final plat and subdivision are fond to cor}f"rm with Chapter 354, Code of Iowa (2015) and all other state and local requirements. o NOW, THEREFORE, BE IT RESOLVED BY THE CI IOWA, THAT: 1. The said final plat and subdivision located on t same are hereby approved. 2. Upon completion of Heinz Road to its ntersecti( dedication of the streets and ease ents as pi portions of the dedicated land, nam y streets, as of recording for public safety reas s. 3. The Mayor and City Clerk of th,0 City of Iowa City, upon approval by the City Attorney, to execut subdivision, and to certify a py of this resolution, passage and approval by I . The City Clerk shall i the office of the Coun Recorder of Johnson owner/subdivider. Passed and approved this _I day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: pcd/templates/Final Plat - Resolution (3).doc.doc MAYOR IL OF THE CITY OF IOWA CITY, above-described real estate be and the with Mustang Lane, the City accepts the Fided by law and specifically sets aside )t being open for public access at the time and seconded by va, are hereby authorized and directed, all legal documents relating to said ich shall be affixed to the final plat after ord the legal documents and the plat at :ounty, Iowa at the expense of the 20_. Approved by e City Attorney's Office 1111 -414115 - the Resolution be Resolution No. Page 3 AYES: pcd/templates/Final Plat - Resolution (3).doc.doc iotchway )ickens )obyns layek lims 'gyne 'hrogmorton To: City Council Item: SUB15-00027 Saddlebrook Addition, Part 3 GENERAL INFORMATION: STAFF REPORT Prepared by: Sarah Walz Date: November 30, 2015 Applicant: Paddock, LLC 2871 Heinz Road, Suite B Iowa City, IA 52240 Contact Person: Requested Action: Steve Gordon 2871 Heinz Road Iowa City, IA 52240 319-354-1961 Final plat approval Purpose: To establish four multi -family buildings to be located west side of Shire Lane with a public street connection to Mustang Lane west of a future extension of Heinz Road Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: West of Heinz Road and South of Paddock Circle 27.78 acres Undeveloped— OPD -12 North: Manufactured Housing (OPD -12) South: Wetland Conservation Area (RR1) East: Undeveloped (OPD -12) West: Undeveloped (RS -12) Multi -family November 23, 2015 January 20, 2016 The applicant, Paddock LLC, has submitted a final plat for Saddlebrook Addition, Part 3, located west of Heinz Road and south of Paddock Circle. This is a 2 -lot, 27.78 -acre re -subdivision of Lot 4 and Lot 6 of Saddlebrook Addition Part 2. The plat will allow for the development of four multi- family buildings on Lot 1 in accordance with a planned development approved in February, 2015. 2 The conditional zoning agreement, to which the property is subject, requires that Shire Lane and Mustang Lane be platted and built to City standards and, at such time as Heinz Road is extended, the City will accept dedication of both streets. No development may occur along the east side of Shire Lane, until such time as Heinz Road is extended to Mustang Lane. These conditions are to insure that the remainder of the Saddlebrook neighborhood is constructed with a public street network allowing new developments to receive City services. ANALYSIS: The final plat of Saddlebrook Addition, Part 3, is in general compliance with the subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the December 15 Council Meeting. As noted above, lot 1 of the subdivision was conditionally rezoned and a planned development was approved in 2015 to allow a change in a previously approved OPD plan. The change allowed for development of multi -family uses instead of an extension of the manufactured housing as platted in the late 1990s. An important condition of the rezoning requires that Shire Lane and Mustang Lane be platted and constructed as City streets and that the City will accept dedication at such time as Heinz Road is extended. The plat also contains easements for utilities. Infrastructure fees include $435 per acre for water main extension fees. Payment of these fees will be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00027, a final plat of Saddlebrook Addition, Part 3, a two - lot, 27.78 -acre residential subdivision located west of Heinz Road and south of Paddock Circle provided that legal papers and construction plans have been approved by the City Attorney and City Engineer respectively. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: / 1177 John Yapp, Development Se ces (ordinator, Department of Neighborhood and Development Services PCD\Staff ReportsAnal plat shire and mustang.docx Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5104 RESOLUTION NO. 15-389 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMMING AND RESCINDING RESOLUTION NUMBER 15-59 PREVIOUSLY ESTABLISHING SAID FEES AND CHARGES. WHEREAS, Section 10-9-5 of the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by resolution of the City Council"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY16 along with tentative increases for FY17; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programming as approved by the Parks and Recreation Commission on December 9, 2015 and attached hereto, be adopted for the relevant remainder of FY16 as well as FY17, and that Resolution Number 15-59 previously establishing said fees and charges is hereby rescinded. Passed and approved this 15 th day of It was moved by Mims adopted, and upon roll call there were: AYES: December , 2015. t_�_.:. 6- Approved by City Attorney's Office and seconded by Dobyns the Resolution be NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Cost Center G L I Revenue Type 2012 Fee 2G13Fee 2014Fee ' ' 16Fee 2017 Proposed 10530200 Parks Ops & Maint 382100 Lana Rental - Garden Plate 21.00 21.00 22 22.00 23.00 25.00 105302(10 Parks Ops & Maint 382800 Theatoy Stage Rental 25.100mr 25-1001hr 25-100thr) 50-100rhr 56150 hr 50-150 hr 10590200 Parks Ops & Maint 382700 Reservations -Park Shelters 14.52/5hr 1452/5hr 14 5Mr 14.52/5hr 16-10415hr 16-104/4hr -City Park parking W.W W.00 60.00 10530200 TTRA 382700 Reservations -Lodge 40-1000 561500 60-1500 -Rental Co nmissicnlManda 167.00 16200 167.00 10530200 Ashton House W2700 RBBervations 40-700 40-750 40-750 10530211 Ball Diamonds 382100 Team. fees (kind rental) -Out of town 21.00 21.00 23.00 25.00 30.00 3000 -Local 13.00 13.00 14.50 15.00 20.00 20.00 -Lights 124a 13thr 13.50/M 13.50M 15.00 1500 10530211 Ball Diamonds 382700 Reservations -Field Rental Local 9.25M 9.25/hr 10.5004 11.0) 1500 1500 -Field Prep Local 22.00 22.00 23.00 25.00 30.00 30.00 -tights 12Aa Ins 13.506e 13.5011v 1500 150D -Field Rental Out of Town 10.50Ra 12fir 13.5 13.00 18.00 MOD -Field Prep Oul of town 26.75 27.75 27.75 29.00 3500 3500 10530212 Soccer 382700 Reservations -Field Rental Local 18Rn 1M 19Mr 1&M Moir 20rhr ,Dat of townlgame nWtoVm 24m 24rhr 25hr 251hr 251hr 251hr Field Prep 10530212 Soccer 382100 TWm. Fees (land rental) -Out of town 28/nr 2&hr 29Mr 29r11hr 3041r 30Ihr 10530212 Soccer -Local 22 hr 231hr 23/hr 2W 25mr 10530201 Cty Park Fore 3460,' Admissions -Single Ticket 075 0.75 0.75 1.00 1.00 100 -Punch Pass 6.00 6.00 8 8.00 8.00 8.00 - 10530221 Dog Paha 346100 Admissions -Annual Tags 36110 36110 35-115 3511546135 40-135 -Daily Tags 5.00 500 1 8.00 8.00 6.00 600 Speaal Events W-95 10540100 Cenni 348890 Charges for Serncae W-21)0 86200 Ill 8D-200 90-M 00-250 382100 Saba of lana -hbrm 100-1000 1061000 100.10001061000 125.1100 125.1100 -LW Saba ZOD-1000 200-1800 2061800 2061800 300-1800 3W-10W #?&~IZW5 City of Iowa City Parks and Recreation Department Fees and Charaes Cost Center GL / Revenue Type 2012 Fee 2013 Fee 2014 10520200 Rec. Center Operations 346700 Special Events (Theme Park Tickets) 5-46 546 5-46 546 5-45 5.45 382200 Building/Room Rental -Mtg Rm/Kkch/Craft Rm 17.50 30.00 30.00 30.00 30.00 30.00 Social Hall 70.00 70.00 70.00 70.00 70.00 70.00 Gymnasium -Half Court 40.00 40.00 45.00 45.00 45.00 45.00 -Full Court 70.00 70.00 75.00 75.00 75.00 75.00 -Sport team practice (1/2 court) 25.00 10520200 Rec. Center Operations 382400 Locker Rentals -Daily (win operation) .25-.50 25-.50 .25-.50 .25-.50 .25.50 .25.50 -Six Months 45.00 45.00 45.00 45.00 45.00 45.00 10520200 Rec. Center Operations 384900 Equipment Rental -Weekday 9.00 9.00 10.00 10.00 10.00 10.00 -Weekend 12.00 12.00 13.00 13.00 13.00 13.00 10510214 Farmer's Market 348300 Advertising Fees 0.50 0.50 0.50 0.50 0.50 0.50 10510214 Farmer's Market 363910 Misc. Sale of March 6-11 7-12 7-12 8-13 8-13 8-13 10510214 Farmer's Market 382100 Land Rental 9.50/11.50 9.50/11.50 12.50/14.00 12.50/14.00 13.00/15.00 14.00/16.00 10520454 Potter's Studio 346200 Punch Pass 120.00 125.00 125.00 130.00 140-150 200.00 10520454 Potter's Studio 346400 Lessons 2000. 22.00 22.00 24.00 22-24 22-24 10520454 Potter's Studio 363910 Misc Sale of Merchan Cost +5% Cost +5% Cost +5% Cost +5% Cost +5% Cost +5% 10520430 Children's Theatre 346400 Lessons 34.00 34.00 35.00 35.00 35.00-45 001 35.00-45.00 10520450 Nature Awareness 346400 Lessons 24.00 24.00 26.00 26.00 26.00-30.00 26.00-30.00 10520450 Nature Awareness 362100 Contrib & Donations 10520450 Nature Awareness 334900 Other St Grant 10520460 Summer Camp 346400 Lessons 140.00 145.00 150.00 155.00 160-175 160-185 10520472 Visual Arts -Children 346400 Lessons 18.00 20.00 20.00 2200. 22.00-30.00 22.00-30.00 10520472 Visual Arts -Children 346700 S ecial Events 85.00 90.00 90.00 95.00 95.00 120.00 10520471 Visual Arts -Adult 346200 Punch Pass 10.00 11.00 11.00 1200. 1200. 1200. 10520471 Visual Arts -Adult 346400 Lessons 85-105 90-110 90-110 95-115 110-120 110-120 10520482 Social Act -Children 346400 Lessons 16-26 16-26 18-28 18-28 25-35 25-35 10520482 Social Act -Children 346700 Special Events 90.00 90.00 90.00 90.00 90.00 90.00 10520482 Social Act -Children 363910 Misc Sale of Merchan 10.00 10.00 10.00 10.00 12.00 1200. 10520482 Social Act -Children 1 369100 Reimb of Expenses 10520481 Social Act -Adult 346400 Lessons 2.00 2.25 2.25 2.50 2.50-3.00 2.50-3.00 10520543 City Park Pool Oper 10520543 City Park Pool Oper 346100 Admissions 346200 Punch Pass 3.00 26.00 $2-$4 26.00 $2-$4 28.00 $2-$4 28.00 2.00-4.00 30.00 200-4.00 30.00 10520543 City Park Pool Oper 346300 Pool Pass -Annual Pass 186.00 186.00 194.00 194.00 208-402 208-402 10520543 Cit Park Pool O er -30 Da Pass summer ass 69.00 69.00 18.00 18.00 19.00-36.00 19.00-36.00 10520542 Mercer Prk Pool Oper 10520542 Mercer Prk Pool Oper 346100 Admissions3.25 346200 Punch Pass 26.00 3.25 26.00 4.00 28.00 4.00 28.00 4.00 30.00 4.00 30.00 10520542 Mercer Prk Pool Oper 346300 Pool Passes -Annual 186.00 186.00 194.00 194.00 208-402 208402 Summer Pass 69.00 69.00 -Monthly Pass 14.00 16.00 16.00 18.00 19.00-36.00 19.00-36.00 10520542 Mercer Prk Pool Oper 382200 Building/Room Rental 1 75.00 75.00 75.00 75.00 75.00 75.00 3.25 3.25 4.00 4.00 4.00 4.00 10520541 Rec Center Pool Oper 346100 Admissions 10520541 Rec Center Pool Oper 346200 Punch Pass 26.00 26.00 28.00 28.00 30.00 30.00 10520541 Rec Center Pool Oper 346300 Pool Passes -Annual Pass 186.00 186.00 194.00 194.00 208-402 208.402 City of Iowa City Parks and Recreation Department Fees and Charnac Cost Center 10520541 GL / Revenue Type -Summer Pass 2012 Fee 69.00 2013 Fee 69.00 2014 Fee 2015 Fee 2016 Fee 2017 Proposed 10520541 10520541 Rec Center Pool O er -Monthly Pass 382200 Building/Room Rental 14.00 1 75.00 16.00 75.00 16.00 75.00 18.00 75.00 19.00-36.00 75.00 19.00-36.00 75.00 10520521 Aquatics Ins-Rec Chit 346400 Lessons -Red Cross 30.00 32.00 32.00 32.00 32.00 24.00 -Private 36.00 36.00 36.00 36.00 36.00 75.00 -Custom Private 90.00 -Adult Lessons 34.00 34.00 34.00 34.00 34.00 34.00 -1-ifeguarding 100.00 100.00 100.00 100.00 135.00 135.00 -Water Safety Inst. (40 hr) 125.00 125.00 125.00 125.00 140.00 140.00 -Lifeguard Instructor 60.00 220.00 220.00 10520532 Aquacizing-Mercer Pk 10520532 A uacizin -Mercer Pk 346200 Punch Pass -Single Admision 65.00 4.00 70.00 4.00 70.00 4.00 70.00 4.00 70.00 4.00 70.00 4.00 10520523 Aquatics Ins -City Pk 346400 Lessons -Red Cross 30.00 32.00 32.00 32.00 32.00 24.00 -Private 36.00 36.00 36.00 36.00 36.00 75.00 -Custom Private 90.00 -Adult Lessons 34.00 34.00 34.00 34,00 34.00 34.00 -Liteguarding 100.00 100.00 100.00 100.00 135.00 135.00 -Water Safety Inst. (40 hr) 125.00 125.00 125.00 125.00 140.00 140.00 -Lifeguard Instructor 60.00 220.00 220.00 10520522 Aquatics Ins -Mercer 346400 Lessons -Red Cross 30.00 32.00 32.00 32.00 32.00 24.00 -Private 36.00 36.00 36.00 36.00 36.00 75.00 -Custom Private 90.00 -Adult Lessons 34.00 34.00 34.00 34.00 34.00 34.00 -Lffeguarding 100.00 100.00 100.00 100.00 135.00 135.00 -Water Safety Inst. (40 hr) 125.00 125.00 125.00 125.00 140.00 140.00 -Lifeguard Instructor 60.00 220.00 220.00 10520620 Clubs346500 Entry Fees 13.00 13.00 13.00 14.00 14.00 14.00 10520620 Special Events 345600 Chartered Bus Trips 10520620 Special Events 10520620 Special Events 346400 Lessons 346700 Special Events $6-$21 $7-$22 $7-$22 $8-$23 58-$23 $8-$23 10520620 Special Events 362100 Contrib & Donations 10520630 Rec Activities 346400 Lessons $16-$21 $16-$21 $17-$22 $17-$22 $17-$22 $17-$22 441504 Adapted Aquatics 346400 Lessons 32.50 32.50 34.00 34.00 34.00 34.00 10520820 Aerobics 346200 Punch Pass 55.00 60.00 60.00 65.00 65.00 65.00 -Dro -in 4.50 5.00 5.00 6.00 6.00 6.00 10520860 Softball -Adult 346500 Entry Fees -Summer League 390.00 390.00 400.00 400.00 390-410 390-410 -Summer League Co-Rec 400.00 400.00 410.00 410.00 390-410 390-410 -Fall League 215.00 215.00 225.00 225.00 235.00 235.00 -Fall League Cc-Rec 225.001 225.00 235.00 235.00 235.00 235.00 or -10 ry4,50 10520870 Racquetball 382200 Buildin /Room Rental 4.00 4.00 4.50 4.50 4.50 10520721 Tennis Inslr-Adult 346400 Lessons 22.00 22.00 22.00 2200. 22.00 27.50 10520722 Tennis Instr-Youth 346400 Lessons 22.0022.00 2200. 22.00 22.00 27.50 10520730 Football -Youth 346400 Lessons 35.00 35.00 37.50 37.50 38.00-45.00 38.00-45.00 City of Iowa City Parks and Recreation Department Fees and Chanes Cost Center GIL I Revenue Type 2012 Fee 2013 Fee 2014 Fee 2015 Fee 2016 Fee 2017 Proposed x 10520840 V0"eyball-Adult 346500 Entry Fees -Indoor 125.00 125.00 130.00 130.00 135.00 135.00 10520740 Volle all -Youth 346400 Lessons 35.00 35.00 40.00 40.00 35.00-40.00 35.00-40.00 10520850 Basketball -Adult 346500 Ent Fees 250.00 270.00 270 270 290.00 300.00 10520750 Basketball -Youth 346400 Lessons 35.00 35.00 37.50 37.50 27.50-45.00 27.50-45.00 10520880 Gymnastics 10520880 Gymnastics 346400 Lessons 346700 Special Events 35.00 87.50 35.00 87.50 37.50 90.00 37.50 90.00 40.00 90.00 2000. 90.00 10520790 OtherSports-Adult 346400 Lessons 100.00 100.00 100.00 100.00 100-125 100-125 10520890 Other Sports- Youth 346400 Lessons -Tae Kwon Do -Other lessons 25.00-40,00130 00-45.00 30.00-45.00 30.00-45.00 4Z52 30.00-45.00 10520780 Senior High Act. 346500 Entry Fees 130.00 135.00 135.00 135.001 140.00 145.00 10520364 Scanlon Gym 10520364 Scanlon Gym 10520364 Scanlon Gym 10520364 Scanlon Gym 10520364 Scanlon Gym 10520364 Scanlon Gym 10520364 Scanlon Gym 313300 HoteVMotel Tax 346100 Admissions -Tot Time 346400 Lessons 346700 Special Events -Birthday Parties 348900 Charges for Services 362100 Contrib & Donations 382200 Building/Room Rental -Gym -Mercer Mtg. Room -P&G Room -Gym Sporting Event 1.50 85.00 40/70 35.00 1.50 85.00 40170 35.00 $1.50 90.00 45/75 40.00 1 $1.50 90.00 45175 40.00 Fri 1.50 80.00-95.00 45/75 22.00 40.00 1.50 80.00-95.00 45/75 25.00 42.50 40/70 10520760 Preschool Activity 346400 Lessons -Tee Ball -Soccer 37.50 35.00 37.50 35.00 37.50 37.50 37.50 37.50 38-45 38-45 38-45 38-45 10520770 Jr High Activity 10520770 Jr High Activity 10520770 Jr High Activit 346700 Special Events -Roller Skate Night 348900 Charges for Services 362100 Contrib & Donations 5.00 5.005.00 5.00 5.00 5.00 10520365 Grant Wood Gym 382200 Building/Room Rental -Gym S ortin Event 40170 40/70 45!75 25.00-75.00 45/75 25.00 CITY OF IOWA CITY 4 MEMORANDUM Date: December 10, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Parks and Recreation Fees and Charges The City Code requires the Parks and Recreation Department to submit a schedule of fees and charges every year for approval by the City Council. The Parks and Recreation Commission annually reviews and approves fees and charges for all Parks and Recreation Department services and programs. Such a review was conducted on December 9th and is ready for City Council consideration. Recommended changes in the fee schedule include the following: • Increasing the community garden plots from $23 to $25 • Maintaining the park shelter fees at current levels but changing the required time of rental from 5 hours to 4 hours • Raising the minimum hourly rental of the Park Lodge from $50 per hour to $60 per hour • Introducing a new sport team practice charge of $25 per hour for private rental of gymnasium space • Increasing the farmer's market stall fee from $13/$15 per market to $14/$16 • Increasing the potter's studio punch pass from $140/$150 to $200 • Increasing summer camp admission fee range from $160/$175 to $160/$185 • Increasing the visual arts birthday party fee from $95 to $120 • Restructuring of swim lesson fees to reflect the addition or subtraction of lesson days and introducing a new custom private swim lesson that enables the instructor and participant to jointly select a pool and lesson time • Increasing adult and youth tennis lessons from $22 to $27.50 • Increasing the adult basketball league entry fee from $290 to $300 • Reducing gymnastic lesson fees from $40 to $20 to reflect fewer lesson days • Introduction of fees for Tae Kwon Do lessons • Increasing senior high basketball league fee from $140 to $145 • Increasing rates for meeting room rentals at Mercer Aquatic Center and Grant Wood Gym and introducing a new gym rental option • Adding a special event fee ranging from $50 to $95 for events at the dog park After City Council authorization of the fee adjustments, staff will implement the fees in conjunction with the next offering of the respective program or service. Prepared by: Ian Korpel City Manager Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5059 RESOLUTION NO. 15-390 RESOLUTION DIRECTING THE CITY MANAGER TO REQUEST AN EVALUATION OF THE MY BROTHER'S KEEPER PROGRAM FROM THE CITY MANAGER'S ROUNDTABLE WHEREAS, the My Brother's Keeper (MBK) program was introduced by the Obama Administration in 2014 as an effort to address persistent opportunity gaps in education and the workforce experienced by young men of color; and, WHEREAS, the MBK program calls for cross -sector collaboration and a commitment from many community stakeholders to address educational and employment issues disproportionately affecting young men of color; and, WHEREAS, the MBK program emphasizes a community -driven approach as the best way to advance the established goals; and, WHEREAS, the appropriate venue to evaluate MBK is with the City Manager's Roundtable participants who represent chairs and directors of local community organizations that focus their efforts on eliminating racial disparities; and, WHEREAS, nearly 200 mayors, county executives and tribal leaders have accepted the challenge to develop locally -driven solutions; and, WHEREAS, the development of a collaborative plan would aid in reducing repeated services; and, WHEREAS, programs pursued through the MBK initiative aim to increase high school graduation rates, improve college attendance, and enhance the workforce preparedness of young males of color. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The City Council directs the City Manager to include a discussion of the MBK program on the next City Manager's Roundtable agenda, request that the Roundtable vet the proposal, and reach a consensus as to whether the City should participate in the program. 2. If the City does participate in the MBK program, the City Manager shall direct the City's Equity Director to begin the process of involving the stakeholders recommended in MBK program materials, including school district officials, representatives of nonprofit groups, and neighborhood organizations. Passed and approved this 15th day of December , 20 15 Resolution No. 15-390 Page 2 ATTEST: MIJAI�-) CITY ISLERK y est � Wel. ppr ved by City Attorney's Office Resolution No. 15-390 Page 3 It was moved by Throgmorton and seconded by Mims 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 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A LOCATED AT 1316 MUSCATINE AVENUE. WHEREAS, the UniverCity Neigli University of Iowa and the City to neighborhoods surrounding the Un WHEREAS, the City purchases re the University of Iowa, rehabilitates WHEREAS, the City purchased and Muscatine Avenue, Iowa City; and god Partnership curage home ow ity of Iowa; and units located in n, and then sells WHEREAS, the City has received an offer sum of $155,000; and GLE FAMILY HOME ram is a joint effort between the ip and reinvestment in designated sated neighborhoods surrounding to income -eligible buyers; and litated � single family home located at 1316 WHEREAS, this sale would provide affordable University of Iowa; and 1316 Muscatine Avenue for the principal ng in a designated area surrounding the WHEREAS, on November 10, 2015, the City ounc adopted a Resolution proposing to convey its interest in 1316 Muscatine Avenue, auth rizing p blic notice of the proposed conveyance, and setting the date and time for the public Baring; an WHEREAS, following the public hearing n the propos d conveyance, the City Council finds that the conveyance is in the public inter st. NOW, THEREFORE, BE IT RESOLfD BY THE CITY CITY, IOWA, that: 1. Upon the direction of the execute a warranty deed described as part of Lot 1 Addition, Iowa City, Iowa/ 2. The City Attorney is actions necessary to ry Attorney, the Mayor and rveying the City's interest in WC Motts Subdivision of BIS NCIL OF THE CITY OF IOWA )y authorized to deliver said warn ummate the conveyance required City Clerk are authorized to 16 Muscatine Avenue, legally s 5 and 7 in Clark & Borlands deed and to Wry out any law. , �, o o t 12-15-15 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-391 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1316 MUSCATINE AVENUE. 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 1316 Muscatine Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 1316 Muscatine Avenue for the principal sum of $155,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on November 10, 2015, the City Council adopted a Resolution proposing to convey its interest in 1316 Muscatine Avenue, 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 1316 Muscatine Avenue, legally described as part of Lot 1 in WC Motts Subdivision of Blocks 5 and 7 in Clark & Borlands Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 15-391 Page 2 It was moved by Dobyns and seconded by Botchway 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 Passed and approved this 15th day of December , 2015. r�l MAYOR ATTEST:%�� . CITY A/ -/Y C*LERK - - Approved bye <<"/O -(1� City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE AMILY HOME LOCATED AT 628 NORTH 4OHNSON STREET. WHEREAS, the UniverCity Neighb rhood Partnership Program ' a joint effort between the University of Iowa and the City to a courage home ownership a d reinvestment in designated neighborhoods surrounding the Univ sity of Iowa; and WHEREAS, the City purchases rental nits located in desig ted neighborhoods surrounding the University of Iowa, rehabilitates the and then sells the to income -eligible buyers; and WHEREAS, the City purchased and Johnson Street, Iowa City; and WHEREAS, the City has received an offe tc principal sum of $179,900 (the amount the 't) costs" of approximately $14,100, which are all maintain it and sell it, including abstracting and i the home, mowing and snow removal, utilities, $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide afford University of Iowa; and a singl� family home located at 628 North fy�se 628 North Johnson Street for the tc acquire the home), plus the "carrying incurred by the City to acquire the home, iing fees, interest on the loan to purchase estate taxes, and any costs in excess of ng in a designated area surrounding the WHEREAS, on November 30, 2015, the Ci Council a pted a Resolution proposing to convey its interest in 628 North Johnson Street/'g thorizing pubic notice of the proposed conveyance, and setting the date and time for thec hearing; and WHEREAS, following the public heon the proposed onveyance, the City Council finds that the conveyance is in the public it. NOW, THEREFORE, BE IT RES LVED BY THE CITY CO%628 OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of t City Attorney, the Mayor anity Clerk are authorized to execute a warranty de conveying the City's interest inorth Johnson Street, legally described as part of die/ 4 in Block 31, Iowa City, Iowa. 2. The City Attorney * hereby authorized to deliver said warranty deed and to ry out any actions necessa to consummate the conveyance required by law. "n - ^ o Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 15-392 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 628 NORTH JOHNSON 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 628 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purchase 628 North Johnson Street for the principal sum of $179,900 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $18,100, 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 November 30, 2015, the City Council adopted a Resolution proposing to convey its interest in 628 North Johnson 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 628 North Johnson Street, legally described as part of Lot 4 in Block 31, 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. 15-392 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 15th Approved by City Attorney's Office Botchway Dickens Dobyns Hayek Mims Payne Throgmorton _ day of December , 2015. /i -aa -t5' x&fir14 MAYOR ATTEST: CI LERK Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-393 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CASL HOLDINGS, LLC, FOR TRANSFER AND DEVELOPMENT OF CITY -OWNED PROPERTY AT THE CORNER OF COURT AND LINN STREETS AND THE DEVELOPMENT THEREOF WHEREAS, on July 27, 2015 pursuant to Resolution No. 15-250 the City entered into a Development Agreement with CASL Holdings, LLC (hereinafter CASL Holdings) for the sale of city property at the corner of Court and Linn Streets and development thereon of a mixed-use project consisting of 2 buildings housing a hotel, office space, retail and apartments with a construction cost of approximately $74 million. WHEREAS, CASL Holdings LLC has asked the City for an extension of the dates for closing, start of construction and final completion to allow it additional time to get its budget and financing in place as set forth in the First Amendment to Agreement for Private Redevelopment attached hereto; and, WHEREAS, CASL Holdings has been working closely with the City as the project progresses and city staff recommends that the requested extensions be approved by Council; and, WHEREAS, on November 30, 2015, this Council did approve a resolution of intent to consider a proposed amendment to this Development Agreement with CASL Holdings, 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 in the Iowa City Press -Citizen, and public hearing held on December 15, 2015 in accordance with said notice and in satisfaction of Section 364.6 of the City Code of Iowa; 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, IN THE STATE OF IOWA: 1. The attached Amendment No. 1 to the Agreement for Private Redevelopment with CASL Holdings, LLC, is in the public interest of the residents of Iowa City, which agreement includes the conveyance of 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 Resolution No. 15-393 Page 2 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 Amendment No. 1 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 amendment No. 1 and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. Passed and approved this 15thday of December roved by City Attorney's Office 2 720 15. r &� ciTV-etERY, Resolution No. 15-393 ]Page 3 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (this "First Amendment") is made as of December 15 , 2015 ("First Amendment Effective Date"), by and between THE CITY OF IOWA CITY, IOWA, a municipality ("City"), and CASL HOLDINGS, LLC, a Delaware limited liability company ("Redeveloper"). RECITALS WHEREAS, City and Redeveloper are parties to that certain Agreement For Private Redevelopment dated effective as of July 27, 2015 (the "Agreement") in connection with the sale to and redevelopment by Redeveloper of the property 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 on Exhibit A attached hereto (the "Redevelopment Property"); and WHEREAS, the parties desire and agree to amend the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 2. Extension of Dates. The following time frames and/or dates set forth in the Agreement are hereby extended as follows: (a) Closing Date. The closing for the sale by the City and purchase by the Redeveloper of the Redevelopment Property which is currently identified as October 1, 2015 and has been extended by agreement to December 15, 2015 is hereby amended to be March 31, 2016 for all purposes of the Agreement including, without limitation, Section 3(h) of the Agreement. (b) Submission of Initial Construction Plans. The time within which Redeveloper shall submit its initial Construction Plans to the City pursuant to the Agreement including, without limitation, Section 4(a) of the Agreement are hereby amended to be as follows: (1) 90 calendar days after the First Amendment Effective Date for site preparation and foundation work; (2) 120 calendar days after the First Amendment Effective Date for structural and shell; and (3) 180 calendar days after the First Amendment Effective Date for the final full building permit drawings. (c) Construction Commencement Date. The date for Redeveloper to commence construction of the Project and the Minimum Improvements which is currently identified as November 1, 2015 is hereby amended to be June 1, 2016 for all purposes of the Agreement including, without limitation, Section 5 of the Agreement. 51611405.3 (d) Completion of Minimum Improvements and Receipt of Certificate of Compliance. The date for Redeveloper to complete construction of the Project and the Minimum Improvements which is currently identified as August 31, 2018 (and as mistakenly identified as December 31, 2017 in Exhibit E) is hereby amended to be August 31, 2019 for all purposes of the Agreement including, without limitation, Section 3(a), Section 3(b) and Section 5 of the Agreement and Exhibits E and F of the Agreement. (e) Minimum Actual Value. The commencement date for the application of the Minimum Actual Value which is currently identified as January 1, 2019 is hereby amended to be January 1, 2020, and the termination date of the application of the Minimum Actual Value and the Minimum Assessment Agreement which is currently identified to be December 31, 2022 is hereby amended to be December 31, 2023, in each case, for all purposes of the Agreement including, without limitation, as applicable, Section 7(c), Section 7(d), Section 7(e) and Section 402 of the Agreement and Exhibit E and Exhibit J of the Agreement. (f) Office Component Leasing Efforts. The period during which Redeveloper is required to use commercially reasonable efforts to obtain tenants for the office space included in the Minimum Improvements in accordance with Section 404 of the Agreement is hereby amended to be fourteen (14) months from the First Amendment Effective Date. 3. Extensions. None of the foregoing amendments to the dates set forth in the Agreement shall be construed to limit or preclude any other extensions of such dates contemplated or permitted pursuant to the terms of the Agreement. 4. Miscellaneous. (a) Except as hereinabove modified and amended, the Agreement shall remain in full force and effect in accordance with its terms and is hereby ratified and confirmed. (b) This First Amendment supersedes any prior representations, offers, negotiations or understandings between the parties with respect to the subject matter hereof. (c) This First Amendment may be signed by the Parties in counterpart and shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts shall be deemed to be authentic and valid as an original of this First Amendment. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.] 51611405.3 IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the First Amendment Effective Date set forth above. STATE OF IOWA COUNTY OF JOHNSON CITY: CITY OF IOWA CITY, IOWA, a municipality By: Matthew J. ff a�`yek Mayor ATTEST: By: Mah-Un K. Karr, City Clerk On this 13 ' day of December, 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 resolutions 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. KELLIE K. TUTTLE 819 �\ �CcmCni�.c:.;n Plumber 22 Notary Public in and for the State of Iowa `.,iy C;cn , i n Expires 51611405 First Amendment to Agreement for Private Redevelopment — Signature Page REDEVELOPER: CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Living Operating Company, LLC, a Delaware limited liability company, its sole member as M. Scott Its: Chief Executive Officer STATE OF ILLINOIS COUNTY OF COOK This instrument was acknowledged before me on this I0 4day of November, by Thomas M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as the sole member of CASL Holdings, LLC. OFFICIAL SEAL Notary Public in and for the State of Illinois ROBERT PARIZEK NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES: 11/26/18 First Amendment to Agreement for Private Redevelopment — Signature Page REDEVELOPER: CASL HOLDINGS, LLC, a Delaware limited liability company By: CA Student Living Operating Company, LLC, a Delaware limited liability a member . Scott Its: Chief Executive Officer STATE OF ILLINOIS COUNTY OF COOK This instrument was acknowledged before me on this (e day of November, by Thomas M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as the sole member of CASL Holdings, LLC. OFFICIAL SEAL ROBERT PARIZEK NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES; 11/26/18 Notary Public i and for the State of Illinois First Amendment to Agreement for Private Redevelopment — Signature Page EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY 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, subject to a public access easement, in said County Seat Addition to Iowa City, Iowa. 51611405.3 "` ' 10 i'mmom� Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-394 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH THE IOWA CITY AREA DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. WHEREAS, the City owns commercial space within the Iowa City Public Library suitable for leasing out; and WHEREAS, the Iowa City Area Development Group (ICAD) is in need of office space for their work in economic development; and WHEREAS, ICAD, through this lease, will combine the ground floor space with the basement space presently leased to the University of Iowa for its use, for its use in economic development, as well as collaborating with the Library, the City's economic development staff, and the University of Iowa, in mentoring and fostering local entrepreneurial efforts; and WHEREAS, staff has negotiated a lease with ICAD, who will sublet a portion of the space to the University of Iowa, for a term of four years; and WHEREAS, following public hearing, the City finds that approval of the Lease is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Lease is approved. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Lease attached hereto. Passed and approved this 15th day of December —,20 15 MAYOR a / /A roved by ATTEST:_ CITY tERK City Attorney's Office lResolution No. 15-394 ]page 2 It was rnoved by Mims__ and seconded by Payne the Resolution be adopted, and upon roll call there NVCL:.: AYES: NAYS: ABSENT: X 13otchway x Dickens x Dobyns x Hayek x Mims R Payne x Throgmorton LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AREA DEVELOPMENT GROUP, INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and the Iowa City Area Development Group, Inc. ("ICAD" or "Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library building, and has the authority to lease certain space in said premises. B. The parties have previously entered into a lease for the ground floor commercial space in the Iowa City Public Library building, located at 136 S. Dubuque St., Iowa City, IA. The University of Iowa has previously leased the basement commercial space in the Iowa City Public Library building. Those prior leases will be replaced by this new Lease. In this new Lease, ICAD will be leasing both spaces from the City, and will sublet some portion of the combined space to the University of Iowa and other approved parties, subject to City approval, not to be unreasonably withheld. The University of Iowa, ICAD, and the City will use the leased facility in collaboration to offer joint programming to the community. C. The Iowa City Area Development Group, Inc., intends to use the space for office purposes, as well as to collaborate with the University of Iowa in mentoring and fostering entrepreneurial efforts. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT DATE. This Lease is made to be effective as of the 1 st day of January, 2016. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 4,935 square feet of main floor commercial space located in the Iowa City Public Library building, 136 S. Dubuque Street, Iowa City, Iowa, more particularly described in the site plan on Exhibit "A" (the "Ground Floor Premises") attached hereto and incorporated herein, as well as approximately 7,995 square feet of commercial space, located at 130 S. Dubuque Street, Iowa City Iowa, with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on "Exhibit B" (the "Basement Premises"), attached hereto, together with the continuous and uninterrupted right of access to and from the Premises. The "Ground Floor Premises" and "Basement Premises" shall be referred to in this Lease, collectively, as the "Premises". 3. TERM. The term of this Lease ('Term") shall be from March 1, 2016 through February 29, 2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the Lease for a second four year term under the same terms and conditions of this Lease, save the amount of rent. Any such extension would need to be reduced to writing, and executed by both parties. 4. FIT -OUT. Tenant is responsible for any fit -out costs. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground Floor Premises, for which Tenant submitted a $1,500.00 deposit. Any deposit remaining from that lease may be carried over to this lease. The deficiency must be provided by Tenant. Tenant agrees to pay to Landlord as rental for said term, as follows: $2,000.00 per month, in advance, the first rent payment becoming due upon the 1st day of March, 2016, and the same amount, per month, in advance, on the 1st day of each month thereafter up to and including the 1s` day of February, 2018 , and then $2,500.00 per month, in advance, on the 1st day of each month thereafter up to and including the 1" day of February, 2020. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis utilizing the square footage of the Premises as a percentage of the square footage of the entire portion of the building sharing the same utilities, for any utilities that are not otherwise separately charged to or metered exclusively to the Premises. Utilities to be paid include water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. Tenant will be responsible for any common area maintenance. Landlord will provide exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of the Iowa City Area Development Group, with related Co -Lab utilization, and collaboration with the University of Iowa's Office of Research and Economic Development on research and entrepreneurial mentorship, as well as any other activities reasonably related thereto, including, but not limited to, sub- leasing space to the University of Iowa and to one or more startup businesses. Tenant shall make space available for City economic development staff use. Tenant will collaborate with the Iowa City Public Library to offer joint programs open to the public at least four times per calendar year. The Premises may not be used for any other purpose without written approval of Landlord. 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi -public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 10. PROHIBITED BEHAVIOR. Smoking is not allowed anywhere on the Premises. This includes both tenant -occupied areas and all common areas of the building. 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or 4 regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or any part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. Landlord's prior written consent is hereby given for Tenant's subleasing of the Premises or portions thereof to the University of Iowa and to startup businesses, all in accordance with and as anticipated under one certain 28E Agreement entered into between the Tenant and University of Iowa dated 1.4// , 2015. 13. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for any affecting the structural components of the building, which are the sole obligation of Landlord, provided any single alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00) unless with the Landlord's prior written approval. For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all exterior repairs, all repairs, replacements or retro -fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in at the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 3 15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the written approval of Landlord, not to be unreasonably withheld. Tenant is responsible for care, maintenance, and replacement of any and all of Tenant's signs. 16. TAXES. Commencing on the first day of this lease and on the first day of each month thereafter during the term of this lease, Tenant shall pay to Landlord, as additional rent, 1/12th of the annual real estate taxes and special assessments accruing during that month. Landlord shall make the semi-annual payment for real estate taxes, as well as all special assessments, to the county treasurer before the same become delinquent. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice via regular first-class mail. At the end of each fiscal year a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes and special assessments accrued during Tenant's tenancy. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and ali other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax' includes any form of real property tax or assessment, imposed by any authority having the direct or indirect power to tax, including any city, county, state, or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi -public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, or upon Tenant's use or occupancy of the Premises. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. 17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain insurance in a company or companies authorized to do business in the State of Iowa, in the following types and amounts of coverage: Type of Coverage a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b. Excess Liability $1,000,000 $1,000,000 C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured for the a. and b. coverages listed above. Tenant shall deliver to the Landlord, within thirty (30) days after execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 18. INDEMNITY, DISCLAIMER AND RELEASE. Landlord hereby disclaims, and Tenant hereby releases the Landlord from, any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever (hereinafter, "Claims") sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, if said Claims are related in any way to Tenant's use of the Premises, unless such loss, damage or injury is caused by the Landlord's willful misconduct. Furthermore, Tenant agrees to defend, indemnify, and hold Landlord harmless against any such Claims. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the later of (i) the commencement of the repair or restoration or (ii) ten (10) days after the receipt from Landlord of a written notice that the repair or restoration will take in excess of 90 days to complete. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes up to the date of such termination. 20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes as of the date of such termination. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 21. DEFAULTS. The following shall constitute "Events of Default": (a) Monetary. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or 5 (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 22. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant, and not received from any replacement or successor tenant, for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative Non -Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of C the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid by Tenant under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest accruing from ten (10) days after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charge Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate accruing from thirty (30) days after the due date until the date paid. (h) Non -Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 23. HOLDING OVER. Tenant acknowledges Tenant is being granted terms below market rent for this lease. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy, with the following exceptions: (a) Rent plus property taxes shall be payable in the amount of $8,348 per month, payable in advance by the 1 sc day of the month. Nothing in this paragraph should be read to grant Tenant the right to hold over. 24. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property or accessing storage areas adjacent to or abutting the Premises. In such circumstances Landlord will endeavor, but is not required, to provide reasonable advance notice to Tenant. 25. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises, that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to 7 employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 27. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: City Manager Iowa City Attorney Iowa City Area Development Group, Inc. 410 E. Washington 410 E. Washington St. 136 S. Dubuque St. Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52240 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any responsibility for any environmental materials or Hazardous Materials on the Premises other than if brought thereon by Tenant, its sub -tenants, invitees or guests. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees, to be paid by the losing party, as fixed by the court. 35. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. 37. TENANT'S RIGHT TO TERMINATE. Tenant may terminate this Lease at any time upon giving not less than one hundred twenty (120) days prior written notice to Landlord. Upon such termination the Lease shall terminate as fully and completely and with the same effect as if such termination date were the date herein fixed for expiration of the Term. E IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord' CITY OF IOWA CITY Tenant: IOWA CITY AREA DEVELOPMENT GROUP, INC., i —Thomas Markus, City Man ger Mark Nolte, President CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1:-{k day of /ctK-L-,ta.o4 201,k before me, the undersigned, a notary public in and for the State of Iowa, personal ly-opeared Thomas Markus, to me personally known, who being by me duly sworn, did say that he is the City Manager of said municipal corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said municipal corporation, that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the City Manager acknowledged that the execution of said instrument is his voluntary act and deed and that he is empowered to bind said corporation. -'RUE K. TUTTLE 'umber 2218 iDn Expires IOWA CITY AREA DEVELOPMENT GROUP, INC. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this qA day of Oerem6er , 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mark Nolte, to me personally known, who being by me duly sworn, did identify himself as President of the Iowa City Area Development Group, Inc., and acknowledge the execution of the instrument to be his own voluntary act and deed, and that of the Iowa City Area Development Group, Inc. App r ved: City Attorney Notary Public 10 -------------- State of IowaNAV E RKq 4 '•.,, . . •............ n. `s> NKSF OX `pwi n = n VA k) �'•5�P•r`^ . Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washi ton St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLU ON AUTHORIZING THE MAYOR O SIGN AND CITY CLERK TO ATTEST LEASE AGREEMENT WIT THE IOWA CITY AREA DEVELOPM NT GROUP FOR COMMERCIA SPACE WITHIN THE IOWA CITY PUBLIC LIBR RY. WHEREAS, the City ow\Are rcial space withi the Iowa City Public Library suitable for leasing out; and WHEREAS, the Iowa Civelopment Gro p (ICAD) is in need of office space for their work in economic develo WHEREAS, ICAD, through this leas will comne the ground floor space with the basement space presently leased to the Universi of Iowa or its use, for its use in economic development, as well as collaborating with the Library, a City' economic development staff, and the University of Iowa, in mentoring and fostering local en epr neurial efforts; and WHEREAS, staff has negotiated a lease with University of Iowa, for a term of four years; an) WHEREAS, following public hearing, the interest. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: 1. The attached Lease is approved. 2. The Mayor and the City Clerk are I the Lease attached hereto. who will sublet a portion of the space to the that approval of the Lease is in the public THE CITY(�,OUNCIL OF THE CITY OF IOWA CITY, Passed and approved this 1 day of ATTEST: CITY CLERK and directed\�o respectively execute and attest MAYOR 20 Approved by City Attorney's Office LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AREA DEVELOPMENT GROUP, INC. 29 This Lease Agreement ("Lease") is made by and be een th '" Of- lower ity ("City" or "Landlord") and the Iowa City Area Development Group, Inc. ("I AD" or "T.4ont"fi lowjQity, Iowa. A. The City of Iowa City;' a municipal corporation, i the owner Ot fee tM to certain premises situated in the City of Iowa City, S�ate of Iowa, commonly kn wn as the Iowa City Public Library building, and has the authority to lease cert'n space in said premise . B. The parties have previou entered into a leaso for the ground floor commercial space in the Iowa City Public Library building, loc., ed at 136 S. Dubu ue St., Iowa City, IA. The University of Iowa has previously leased the basement c mmercial space In the Iowa City Public Library building. Those prior leases will be replaced by this ne Lease. In thi new Lease, ICAD will be leasing both spaces from the City, and will sublet some porti of the approved parties, subject to City approva not to ICAD, and the City will use the leased cility community. fined space to the University of Iowa and other unreasonably withheld. The University of Iowa, collaboration to offer joint programming to the C. The Iowa City Area Development Gr ,Inc., intends to use the space for office purposes, as well as to collaborate with the University of Iowa - mentoring and fostering entrepreneurial efforts. In consideration of the foregoing and t mu al covenants hereinafter coned, and for other good and valuable consideration, the receipt nd su 'ciency of which are haycnowfrsged by the parties, Landlord and Tenant hereby agree a follows: AGREEME '- --v 4 1. DATE. This Lease is made to a effective as of th 1st day of Jan; 20�ii. 2. PREMISES. Landlord her y leases to Tenant an Tenant hereby leaves and takes from Landlord for the Term the real pr erty comprising approxi tely 4,935 square feet of main floor commercial space located in the to a City Public Library buildi , 136 S. Dubuque Street, Iowa City, Iowa, more particularly described i the site plan on Exhibit "A" (th "Ground Floor Premises") attached hereto and incorporated herein, a well as approximately 7,995 squa\on commercial space, located at 130 S. Dubuque Street, Iowa ity Iowa, with the improvements thd all rights, easements and appurtenances thereto belong' g, which, more particularly, includese and premises as may be shown on "Exhibit B" (the " asement Premises"), attached heretoer with the continuous and uninterrupted right of acc s to and from the Premises. The "GroPremises" and "Basement Premises" shall be refers. d to in this Lease, collectively, as the "Prem 3. TERM. The term of this Lease ("Term") shall be from March 1, 2016 through February 29, 2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the Lease for a second four year term under the same terms and conditions of this Lease, save the amount of rent. Any such extension would need to be reduced to writing, and executed by both parties. 4. FIT -OUT. Tenant is responsible for any fit -out costs. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground RECITALSk, F. A. The City of Iowa City;' a municipal corporation, i the owner Ot fee tM to certain premises situated in the City of Iowa City, S�ate of Iowa, commonly kn wn as the Iowa City Public Library building, and has the authority to lease cert'n space in said premise . B. The parties have previou entered into a leaso for the ground floor commercial space in the Iowa City Public Library building, loc., ed at 136 S. Dubu ue St., Iowa City, IA. The University of Iowa has previously leased the basement c mmercial space In the Iowa City Public Library building. Those prior leases will be replaced by this ne Lease. In thi new Lease, ICAD will be leasing both spaces from the City, and will sublet some porti of the approved parties, subject to City approva not to ICAD, and the City will use the leased cility community. fined space to the University of Iowa and other unreasonably withheld. The University of Iowa, collaboration to offer joint programming to the C. The Iowa City Area Development Gr ,Inc., intends to use the space for office purposes, as well as to collaborate with the University of Iowa - mentoring and fostering entrepreneurial efforts. In consideration of the foregoing and t mu al covenants hereinafter coned, and for other good and valuable consideration, the receipt nd su 'ciency of which are haycnowfrsged by the parties, Landlord and Tenant hereby agree a follows: AGREEME '- --v 4 1. DATE. This Lease is made to a effective as of th 1st day of Jan; 20�ii. 2. PREMISES. Landlord her y leases to Tenant an Tenant hereby leaves and takes from Landlord for the Term the real pr erty comprising approxi tely 4,935 square feet of main floor commercial space located in the to a City Public Library buildi , 136 S. Dubuque Street, Iowa City, Iowa, more particularly described i the site plan on Exhibit "A" (th "Ground Floor Premises") attached hereto and incorporated herein, a well as approximately 7,995 squa\on commercial space, located at 130 S. Dubuque Street, Iowa ity Iowa, with the improvements thd all rights, easements and appurtenances thereto belong' g, which, more particularly, includese and premises as may be shown on "Exhibit B" (the " asement Premises"), attached heretoer with the continuous and uninterrupted right of acc s to and from the Premises. The "GroPremises" and "Basement Premises" shall be refers. d to in this Lease, collectively, as the "Prem 3. TERM. The term of this Lease ("Term") shall be from March 1, 2016 through February 29, 2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the Lease for a second four year term under the same terms and conditions of this Lease, save the amount of rent. Any such extension would need to be reduced to writing, and executed by both parties. 4. FIT -OUT. Tenant is responsible for any fit -out costs. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground Floor Premises, for which Tenant submitted a $1,500.00 deposit. Any deposit remaining from that lease may be carried over to this lease. The deficiency must be provided by Tenant. Tenant agrees to pay to Landlord as rental for said term, as follows: $2,000.00 per month, in advance, the first rent payment becoming due upon the 1st day of March, 2016, and the same amount, per month, in advance, on the 1st day of each month thereafter up to and including the 1st day of February, 2018 , and then $2,500.00 per month, in advance, on the 1st day of each month thereafter up to and including the 1St day of February, 2020. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis utilizing the square footage of the Premises as a percentage of the square footage of the entire portion of the building sharing the same utilities, for any utilities that are not otherwise separately charged to or metered exclusively t ` the Premises. Utilities to be paid include wat 'r, sewer, gas, and electricity. Tenant shall pay for a janitorial services and regular cleaning servic to the Premises, as well as garbage removal. Tena t will be responsible for any common area mai tenance. Landlord will provide exterior window cleaning ice a year), and sidewalk cleaning. Tenant ay wish to enhance the upkeep of the sidewalk and exterio windows as needed outside of this set mai enance schedule. 7. USE OF PREMIS . Tenant shall use the Premises for a conduct of Tenant's operation of op n the Iowa City Area Develt Group, with related Co -Lab u ization, and collaboration with the University of Iowa's Office of R search and Economic Develop ent on research and entrepreneurial mentorship, as well as any other\to reasonably related th reto, includj,n_g, buiot limited to, sub- leasing space to the University ofd to one or more start businesse Tena shall make space available for City economic devestaff use. Tenant ill collaboratih tt� lowal ity Public Library to offer joint programs ope public at least fo r times per carr year. Premises may not be used for any other puhout written appro al of Landlord. =- o 8. PARKING. The Premises incld�es no p parking. \ 9. QUIET ENJOYMENT. Landlord cov ante performs all of the agreements and covenants quietly have, hold and enjoy the Premises for e hindrance by Landlord. If Tenant's use of t environmental impact edict, or other action any authority, this Lease, at the sole option of Ten nt, sh and the rent applying to the unexpired portio of the T ovi on for parking naht _M� st s re its own ,-„ and agrees that so long as Tenant observes and ired of it hereunder, Tenant shall peaceably and Term without any encumbrance, interference or remises is limited or denied through rezoning, public or quasi -public agency or governmental a terminate as of the effective date of such action ar will abate. 10. PROHIBITED BEHAVIOR. oking is not\CO ed anywhere on the Premises. This includes both tenant -occupied areas and II common arease building. 11. REPRESENTATIONS W RANTIES AND ENANTS OF TITLE. Landlord hereby represents, warrants and covenants tX Tenant that as of the Co mencement Date: (a) Landlord is the soV owner in fee simple of the PTmises and has full right, power and authority to grant the estate dephised herein and to execute an perform all of the terms, provisions, covenants and agreements pro ided in this Lease; (b) to the best of its knowledge, the Premises co lies with all applicable zoning requirements, ordinances, egulations, and all applicable laws, affec 'ng the Premises or required in Tenant's use of the Pre ses or common areas appurtenant to the Pr ises, including the Americans with Disabilities Act (or her laws affecting handicapped access) and anyyenvironmental impact or traffic studies or requirement , and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or 2 regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not ssign this Lease, or sublease all or any part of the Premises for any purpose, without the prior written c nsent of Landlord. If Tenant subleases all or a part of the Premises, Tenant agrees to remain primar" y liable for the payment of rent for the remaining ter'Nan f this Lease. Landlord's prior written consent i hereby given for Tenant's subleasing of the Premisesportions thereof to the University of Iowa an to startup businesses, all in accordance with and as 'cipated under one certain 28E Agreeme t entered into between the Tenant and University of Iowa ated , 2015. 13. ALTERAT NS IMPROVEMENTS AND ADD IONS. Tenant, without Landlord's consent, may make any alteratioNs, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desir le, except for any affecting t structural components of the building, which are the sole obligation of L ndlord, provided any sing) alteration, improvement, or addition costs not more than one thousand doll s ($1,000.00) unless W the Landlord's prior written approval. For any improvements exceeding one th usand dollars ($1,00 .00), in seeking Landlord's approval, Tenant shall submit a written description of the roposed work al g with plans and drawings respecting the same to Landlord for approval, which aper al shall not b unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, provement , or additions made by it in, on or about the Premises if the removal may be done without str ctural da age to the Premises. Tenant's personal property and its trade fixtures, including all machinery, quip nt and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any pe on I property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thi (30) days after the end of the Term shall automatically become the property of Landlord. Landl shall, at its sole expense, make any alterations, improvements or additions to the Premises tri tural or non-structural) that may be required on account of any existing or future laws of any g ern ntal authority, except alterations, improvements or additions to the Premises as may be requJ ed sole by reason of the nature of Tenant's business. In no event shall Tenant make any changes, odificatio s, alternations, or additions to the exterior of the Premises without Landlords' specific wri en approval, otwithstanding any provision contained herein to the contrary. 14. REPAIRS AND MAINT ANCE. Tenant all make ordinary interior repairs in the Premises, as well as be responsib for protecting agains insect and pest infestation. Landlord shall maintain and promptly make all ex nor repairs, all repairs, r lacements or retro-fitting of a permanent character (including, but not limit d to, components in the air onditioning, boiler and heating systems, HVAC system, sprinkler syste gas lines, electrical and plu bing fixtures and hot water systems, including heaters), and all foo and floor surfaces, wall, roof (i cluding water tightness), foundation, footings, Building Systems (a herein defined) and structural repai s'support systems, strengthenings, alterations, reconstructions, additions necessitated by reason of la se of time, weakness or decay, or damage to or destruction of he Premises, or to any part thereof, or w 'ch may, at any time, be required by any governmental or p lic authority, except for any damage cause solely by Tenant's negligence. Tenant shall promptly n ify Landlord of any known defect, damage, ecay or dangerous condition associated with the Bui ing System. As used herein, 'Building Syste 'means the building utility elements essential for enant's use and occupancy of the Premises inclu ' g, but not limited to, such systems as are not re ily accessible to Tenant, such as underground Ovate sewer, electric and other utility lines and all el vator services and maintenance services related to th Premises. Tenant shall surrender the Premi es in as good order, repair and condition, or better, as t same were in at the commencement of he Term, damage by fire and items covered by extende caerage insurance, unavoidable casu ty, reasonable wear and tear, alterations, improvement an ditions made by Tenant and Land rd's failure to repair excepted.`yyter. w.i.lf C../ �* c.n 15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the written approval of Landlord, not to be unreasonably withheld. Tenant is responsible for care, maintenance, and replacement of any and all of Tenant's signs. 16. TAXES. Commencing on the first day of this lease and on the first day of each month thereafter during the term of this lease, Tenant shall pay to Landlord, as additional rent, 1/12th of the annual real estate taxes and special assessments accruing during that month. Landlord shall make the semi-annual payment for real estate taxes, as well as all special assessments, to the county treasurer before the same become delinquent. Any deficiency in the amount necessary to timely pay the promptly reimbursed by Tenant upon notice via regular first-cl reconciliation will tae place to refund any excess funds colle to pay Landlord whatvver additional sums are needed to acc L accrued during Tenan 's tenancy. Tenant shall further ay all taxes assessed against other personal property of enant contained in the Premi includes any form of real pro erty tax or assessment, imK indirect power to tax, including ny city, county, state, or 1 lighting, drainage or other impro ement district thereof or governmental authority, upon any gal or equitable inteyf Tenant's use or occupancy of the P mises. / Tenant and Landlord agree to Nomptly p that payment can be made in a timely anner due and made. , 17. INSURANCE. Tenant covenai maintain insurance in a company or com following types and amounts of coverage: Type of Coverage a. Comprehensive Gengfral Liability Obligations provided for shall be ss mail. At the end of each fiscal year a ed by Landlord to Tenant, or for Tenant nt for all taxes and special assessments levied upon Tenant's trade fixtures, and all As used herein, the term 'real estate tax' ed by any authority having the direct or era[ government, or any school, agricultural, y public or quasi -public agency or of Landlord in the Premises, or upon �Teach de the other with copies of sta�ents for taxes so can document tlamo# of payments f = c� agrees that it will at its cv66,'iPxmnse Ocure and uthorized to do business irk Sf e of%la, in the Y cap W Each Occurrence Aggregate (1) Bodily In/ensation Property Damage $1,000,000 $2,000,000 b. Excess Liabilit$1,000,000 $1,000,000 C. Worker's Com Insurance as required b Chapter 85, Code of Iowa. Tenant's insurance carr' r shall be A rated or better by A.M.\Insance nant shall name the Landlord as an additional insured for he a. and b. coverages listed above. shall deliver to the Landlord, within thirty (30) days after execution of this Lease, Certificates of and copies of said policies, naming the Landlord as an additional insured. Tenant shall proeen (15) days' notice to the Landlord before cancell ion of said insurance. 18. INDEMNI DISCLAIMER AND RELEASE. Landlord hereby di laims, and Tenant hereby releases Zefoftnndylor from, any and all liability, whether in contract or tort (in uding strict liability and negligencss, damage or injury of any nature whatsoever (hereinafter, "Claims") sustained by Tenant, its emplc ees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or [nju to the property of Tenant that may be located or stored in the Premises, if said Claims are related in y way to Tenant's use of the Premises, unless such loss, damage or injury is caused by the Landlord' willful misconduct. Furthermore, Tenant agrees to defend, indemnify, and hold Landlord harmless against any such Claims. The parties hereby agree that under no circumstances shall the 4 Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the ent Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or re ced proportionately during any period which, by reason of such damage or destruction, there is an interference with the operation of the business of Tenant. If Landlord does not commence the repair restoration within fifteen (15) days after the damage or de truction occurs, or if repair or restoration ill require more than ninety (90) days to complete, Tenant ay, at Tenant's option, terminate this Le se by giving Landlord notice of Tenant's election to do so at y time prior to the later of (i) the comm ncement of the repair or restoration or (ii) ten (10) days after the receipt from Landlord of a written no ce that the repair or restoration will take in excess of 90 days to co plete. In that event, this Lease shal terminate as of the date of such damage or destruction, without furthe liability other than accrued but u paid rent, utilities and or applicable taxes up to the date of such terminat n. 20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the pow r of eminent domain, r sold under the threat of the exercise of said power (all of which are herein c led "condemnation" , this Lease, at Tenant's sole discretion, shall automatically terminate, without fu er liability othe than accrued but unpaid rent, utilities and or applicable taxes, as of the date the ndemning au ority takes title or possession, whichever occurs first. If any other taking (of the Premi s or use, access, or rights of ingress or egress of r t Lease as of the date the condemning autho accrued but unpaid rent, utilities and or appli a election to terminate shall be made in writi w written notice of the taking (or in the a or condemning authority has taken possessio . If T otherwise) adversely and substantially affects Tenant's the Premises, then Tenant may elect to terminate this takes possession, without further liability other than e taxes as of the date of such termination. Tenant's inthirty (30) days after Landlord has given Tenant such notice, within fifteen (15) days after the nan does not terminate this Lease in accordance with this Section, this Lease shall remain in fu force and a\ctasto the portion of the Premises remaining, except that rent shall be reduced in the roportion thaa taken diminishes the value and use of the Premises to Tenant. In addition, L dlord, at its eshall promptly repair any damage to the Premises caused by condemnation nd restore theder of the Premises to the reasonable satisfaction of Tenant. Any award or paymenttde upon condemnation of 41the property of Landlord, whether award or payment is made fee or as severance damages; ovided Tenant shall be entitled payment for loss of or damage o Tenant's trade fixtures, remova alterations and improvements ade to the Premises by Tenant, leasehold herein created or. y other consequential or special d; and moving expenses. or any part of the Premises shall be s compensation for the taking of the t the portion of any such award or )le ersonal property, and additions, an for its loss of business or the mag , such as Tenant's relocation 21. DEFAUga. following shall constitute "Events of Default":• (a) MoTenant shall fail to pay rent at the time requi ,r ay ottmonetary obligation or paymeed under this Lease when due, and such failure sc ue period of ten (10) days foll ing written notice from Landlord to Tenant; or cn 5 (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt o` insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay s debts generally as they become due, or if a petition or answe proposing the adjudication of Tenant s a bankrupt or a reorganization of Tenant under any present o future federal or state bankruptcy la or any similar federal or state law is filed in any court and such p ition oranswer is not discharged o denied within thirty (30) days after the filing thereof; or (ii) A receive trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premise or any portion thereof is appoi ted in any proceeding brought by or against Tenant and is not discharg within thirty (30) days after such appointment or if TEgnant consents to or acquiesces in such appointm t. C." 22. REMEDIES. Upon the occurrence of a Event of Def continuance of such Event of Default, ndlord may following rights against Tenant: (a) Termination. Landlord may ect to 1 days' prior written notice thereof to Tenant, a Lease and all rights of Tenant hereunder shall tyexir, as if such date were the date herein fixed for provided in Section (c) below. (b) Eviction. Landlord shall have an action for forcible entry and detainer. (c) Tenant to Remain Liable. Lease, by operation of law or otherwise, pursuant to this Lease or otherwise shall r which shall survive such termination, repoq A by Tenant, or at anqt,#he therea during the 9 e any of the followingornd 0411 have the k HT1 rminate the Lease by giving no4@ss than thirty (30) the passage of time specified in such notice, this to as fully and completely and with the same effect ion of the Term and Tenant shall remain liable as e imm)kdiate right upon termination of this Lease to bring termination o this Lease pursuant to the provisions of this id no reposse sion of the Premises or any part thereof ve Tenant of its iabilities and obligations hereunder, all of sion or reletting. (d) Damages. In the event cfl any termination of this L ase or eviction from or repossession of the Premises or any part thereof by rebson of the occurrence of a Event of Default: (i) Rent and Char es. Tenant shall pay to Landlo\1E rent and other sums and charges required to be paid by Tena t, and not received from any repint or successor tenant, for the period to and including the end the applicable Term or expirationexercised option period as provided for by Section 3 above, w chever is later. (ii) Leased Pr mises. Landlord shall be entitled to offset any'amount owing by Tenant under the preceding section, )(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights CurrAilative, Non -Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to/be exclusive of any other right or remedy, and each and every right and remedy shall be cumula ' e and in addition to any other right or remedy given hereunder or now or hereafter existing at lav/ or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of 0 the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid by Tenant under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other emedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the ount of such payments (which shall be deemed additional rent hereunder) on demand with interest accr ing from ten (10) days after demand at 10% rate per annum. (the "Default Rate"). (g) ate Char a Default Rate. If Landlord does rent or any other um or charge required to be paid by Tenant after the same fall due (regardless of whether Tenant has re may impose a late harge equal to five percent (5%) of the sum is not received Landlord within thirty (30) days of its interest at the Default ate accruing from thirty (30) days aft (h) Non-WaiiXer. covenants or conditions oll instances shall not be cons condition, or option, but the s any rent or any other sum agreements contained herein The failure of Landlord Lease, or to exercise ued as a waiver or relii e shall be and remain pable hereunder with sh I not be deemed a 4 23. HOLDING OVER. Tena acknowled this lease. If Tenant remains in po ession of Lease, and without the execution of aew Leas( as a tenant from month-to-month, subje t to all insofar as they are applicable to a month o -mo (a) Rent plus property taxes al b advance by the 1 st day of the month. Nothing in this paragraph should be read to ar 24. ACCESS BY LANDLORD. no receive payment of any installment of to andlord hereunder within ten (10) days ived notice of the delinquency), Landlord ount of such delinquent sum and if such ue date, such sum shall, in addition, bear the due date until the date paid. to ' sist upon strict performance of any of the m options herein conferred in any one or more ishment for the future of any such covenant, full force and effect. The receipt by Landlord of knowledge of the breach of any covenants or giver of such breach. ;Tenant is being granted terms below market rent for e Premises after the expiration or termination of this Tenant shall be deemed to be occupying the Premises the conditions, provisions and obligations of this Lease i tenancy, with the followingxcepiUns: TMQ payable in the amount of pF5 monpayable in ._ Tenant the right to hold (a) Landlord or Landlord'sgents, r n time upon at least twenty-four (24) ho rs oral not notice, if any, as may be feasible and r the circums for the purposes of inspecting the s me, determini curing (as permitted herein) any defFt by Tenant. C:) entatives or employees shall i iwe the right at any (except in emergencies, in wh*h case only such ices shall be required) to enter upon the Premises whether this Lease is being complied with, and (b) Landlord or Lan ord's agents, repres ntatives, or employees shall have the right whenever necessary and witho notice to enter upon t e Premises for the purpose of repairing or maintaining any of Landlord's pr perty or accessing storag areas adjacent to or abutting the Premises. In such circumstances Landlor will endeavor, but is not req ired, to provide reasonable advance notice to Tenant. 25. NON-DISCRIMI CATION. Tenant covenants, in c sideration of the right to lease the Premises, that Tenant, ' s employees, and agents shall no discriminate against any person in employment or public ccommodation because of race, religio , color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, ma al status or age. "Employment" shall include but not be limited to hiring, accepting, registering, cla ifying, upgrading, or referring to 7 employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 27. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: City Manager Iowa City Attorney Iowa City Area D elopgrit Group, Inc. 410 E. Washington 410 E. Washington St. 136 S. Dubuque Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52��; — The address d person for written communication ay be ctfa ed-uponit rj (10) days' written notice to the other p rty..3 28. WAIVER OF SUB GATION. Landlord and Tena and all partes clai &g under or through them hereby mutually release d discharge each other, any other tenants or occupants of the building in which the Premises is locate , and the officers, employ s, agents, representatives, customers and business visitors of Landlord or T ant or such other ten is or occupants, from all claims, losses and liabilities arising from or caused b any hazard covered by insurance on or in connection with the Premises or said building, even if ca sed by the fault/or negligence of a released parry. This release shall apply only to the extent that such cVim, loss or liability is covered by insurance. 29. ENVIRONMENTAL MATTERSXPremi twill comply with all environmental laws during the term of the Lease, but shall bear no liabiliever and shall not assume any responsibility for any environmental materials or Hazardous on the Premises other than if brought thereon by Tenant, its sub -tenants, invitees or guelord agrees to indemnify, defend and hold Tenant harmless from and against any and alamage, liability and expense (including reasonable attorneys' fees) that Tenant may incusuit of any claim, demand or action related to environmental conditions, Hazardous Mar ny other environmental laws and regulations not directly resulting from Tenant's activities omi es. 30. HAZARDOUS /Reuthorization IALS. he term "Haza ous Materials' as used herein shall include but not be limited to asbestomabl explosives, dan erous substances, pollutants, contaminants, hazardous wastes, toxic sues, nd any other chemi I, material or related substance exposure to which is prohibited or reguby y governmental auth ity having jurisdiction over the Premises, any substances defined ard us substances, hazard us materials or toxic substances int e Comprehensive Environmsponse Compensation an\A4 Act of 1980, as amended, by Superfund Amendments authorization Act 42 U.S.C.t seq.; the Hazardous Materials Transportation Ad, 42 U§6901, et seq.; Clean Air U.S.C. §7901, et seq.; Toxic Substances Control Act, .C. §2601, et seq.; Clean , 33 U.S.C. §1251, et seq.; the laws, regulations or rulinthe state in which the Prelocated or any local ordinance affecting the Premises; orgulations adopted in publicaulgated pursuant to any of such laws and ordinances. 31. SEVERABI . The invalidity or unenforceability of aMf provision of this Lease, as determined by a cou of competent jurisdiction, shall in no way affect t e validity of the remainder of this Lease or any of r provision hereof. 32. ENTIRi AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees, to be paid by the losing party, as fixed by the court. 35. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no wayo be construed as a part of the Lea or as a limitation on the scope of the particular section to which thgy refer. 7 36. COUNTERPARTS. Th Lease may be executed in counterparts, each of which shall be deemed to be an original and all owhich shall, when taken toge er, constitute but one and the same instrument. 37. TENANT'S RIGHT TO TERMINATE. Tenant may erminate this Lease at any time upon giving not less than one hundred twe ty (120) days prior ritten notice to Landlord. Upon such termination the Lease shall terminate as fully and complet y and with the same effect as if such termination date were the date herein fixed r expiration of th Term. IN WITNESS WHEREOF, the parties he�o have ex1cuted this Instrument to be effective as of the day and year first above written. Landlord: CITY OF IOWA CITY Tenant: IOWA CIT)TAREA DEVELOPMENT GROUP, INC., Matthew J. Hayek, Mayor Mar Nolte, Presi nt Attest: City Clerk 'c Appro rillcn City Attorney COO CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) , On this day of , 2015, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, N respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. IOWA CITY AREA DEt(ELOPMENT GROUP, INC. STATE OF IOWA ) \ ) ss: JOHNSON COUNTY ) On this day of Public in and for the State of Iowa, me duly sworn, did identify himsel acknowledge the execution of the i City Area Development Group, Inc. Notary Public in and for the State of Iowa ,201 sally appeared Mark Nol President of the Iowa c nent to be his own volt' Notarypublic in and for 10 before me, the undersigned, a Notary to me personally known, who being by Area Development Group, Inc., and ry act and deed, and that of the Iowa State of Iowa ;mac 77 11 SCID � r r 12-15-15 � _ 1 CITY OF IOWA CITY t EMO NDUM MENNENM DATE: December 10, 2015 TO: Tom Markus, City Manager FROM: Ron Knoche, Director of Public Works RE: Iowa City Gateway Accept Plans and Specifications, December 15 Introduction: This project includes the elevation of Dubuque Street, the reconstruction of the Park Road Bridge over the Iowa River and the expansion of Park Road from two to three lanes to Riverside Drive. The project has been designed as a multi -modal corridor to include roadway, intersection and utility improvements (water, storm and private), new sidewalk and trails, and a trunk sanitary sewer. This project is included in the capital program. 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 19, 2013, the NEPA process was completed with the signing of the Finding of No Significant Impact by the Federal Highway Administration. Since then, staff and the design team have been working toward final design plans and specifications. Staff and the design team attended City Council meetings in September and October of 2013, in January, March, April and July of 2014 and again in March of 2015. These meetings were held to discuss and determine many of the design parameters and more specific design elements of the project. The discussions included topics such as: • Pedestrian Crossing at Mayflower • Bridge design • Public Areas • Design Speed • Roadway Lane Width • Sidewalk/Trail Location and Width • Tree Survey and Preservation The project is scheduled for a March 15, 2015 letting through the Iowa Department of Transportation (DOT). Our final design plans and specifications must be submitted to the DOT on December 22, 2015 per the DOT's Project Development Submittal Dates for the March letting. Prior to this submittal, City Council approval of plans and specifications is required. Additionally, the City's grant agreement deadline with the Economic Development Agency (EDA) is April 9, 2016. Final funding closeout with the EDA typically takes 2-4 months and can begin with the final plan submittal to the DOT. With the authorization for property acquisition and final plats both received in July, 2015, the City Attorney's office is working with Iowa Appraisal to receive final property appraisals for Temporary Construction Easements, Permanent Drainage and Utility Easements as well as a few right-of-way acquisitions. The DOT will proceed with letting the project once the acquisition process has been completed. Discussion of Construction Schedule: The construction schedule and phasing of the project as shown in the final engineering plans have been developed based on of a March 15, 2016 letting. In order to keep the majority of the work within 2 construction seasons, this project is best served if construction begins in the spring of 2016. The installation of the trunk sanitary sewer will be completed in 2016 in addition to the construction of the retaining wall next to the river and elevation of the southbound lanes. Another key portion of construction starting in 2016 is the completion of Park Road west of the bridge to Riverside Drive prior to the scheduled September 8, 2016 Grand Opening and Ribbon Cutting Ceremony at the new Hancher Auditorium. The second season of construction would include the elevation of the northbound lanes, including the area in front of Mayflower during the Summer of 2017 when CAMBUS service will be suspended to aid in construction phasing. Throughout this time, the construction of the Park Road Bridge will be ongoing — it will be one of the first items to begin construction and one of the last to be complete. During its construction, traffic will continue to be maintained on the existing Park Road Bridge. With a Spring 2016 start date, the bridge is expected to take 2 years for completion. Connection from the completed Dubuque Street and Park Road to the bridge would occur in the Spring 2018 to wrap up the project. Demolition of the existing bridge would begin as soon as the new bridge is being used. Financial Impact: The total estimated project cost for this project is $52,000,000. The roadway and utility improvements are approximately $32M and the bridge is approximately $20M. The funding sources are as follows: $6M in Surface Transportation Program (STP) Funds and $1.5M from the Transportation, Housing and Urban Development Committee on Appropriations. This funding will provide up to $7.5M toward construction costs. These amounts are in addition to the $3M Economic Development Administration Grant that assisted with the costs associated with final design and engineering. General Obligation Bonds and the Local Option Sales Tax revenue will be used for local participation. Recommendation: Staff recommends approval of the plans, specifications and estimate. Cc: Jason Havel, City Engineer Melissa Clow, Special Projects Administrator Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 RESOLUTION NO. 15-395 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY GATEWAY PROJECT [HDP -3715(652)--71-52], 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, this project will be bid by the Iowa Department of Transportation (DOT); and WHEREAS, the DOT has named and identified this project as "PCC Pavement — Grade and Replace, Dubuque Street from Foster Road to Church Street, and Park Road from Dubuque Street to Holt Avenue". WHEREAS, bids will be accepted on March 15, 2016 at 10:00 a.m. by the DOT, Office of Contracts in Ames, IA, or at a later date as determined by the DOT; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and 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: 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 form and amount prescribed in the bidding proposal.. 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. Bids for the above-named project are to be received by the Iowa Department of Transportation (DOT), Office of Contracts, 800 Lincoln Way, Ames, IA 50010, (515) 239-1414 before 10:00 a.m. on the 15th day of March, 2016, or at a later date as determined by the DOT. Thereafter, the bids will be opened and announced by the DOT, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular scheduled meeting after receipt of bids by DOT. Passed and approved this 15th day of December 120 15 Approved by ATTEST:t.� CI LERKCity orney's Office ' %� /�S� pweng\masters\res appp&s.doc 12/15 [ 11 Resolution No. 15-395 ]Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims X Payne R Throgmorton Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-396 RESOLUTION APPROVING AMENDMENT NO. I TO AN AGREEMENT FOR PRIVATE REDEVELOPMENT, INCLUDING THE TRANSFER OF LAND, BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CHAUNCEY, L.L.C. WHEREAS, on June 8, 2015, pursuant to Resolution No. 15-193 the City entered into a Development Agreement (hereinafter "Agreement") with The Chauncey, LLC (hereinafter "The Chauncey") for the sale of city property at the corner of College and Gilbert Streets and development thereon of a mixed-use project consisting of a 15 -story mixed use building with Class A office space, a hotel, a bowling alley, two movie theatres, residential condominiums, and upgrades to the Chauncey Swan Park, together with related site improvements, all designed and constructed to at least LEED Silver standards with a construction cost of approximately $49 million. WHEREAS, the property to be redeveloped pursuant to the Agreement is the subject of two pending lawsuits that have prevented The Chauncey from being able to proceed with development and satisfy the numerous contingencies and deadlines contained within the Agreement; and WHEREAS, The Chauncey has asked the City for an extension of the deadlines, including the dates for closing, start of construction and final completion, based upon final resolution of the litigation, as set forth in the Amendment No. 1 to the Agreement for Private Redevelopment attached hereto; and WHEREAS, because the delays have not been caused by The Chauncey, city staff recommends that the requested extensions be approved by Council; and WHEREAS, on November 30, 2015, this Council did approve a resolution of intent to consider a proposed amendment to this Development Agreement with the Chauncey, L.L.C., 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 in the Iowa City Press -Citizen, and public hearing held on December 15, 2015 in accordance with said notice and in satisfaction of Section 364.6 of the City Code of Iowa; and WHEREAS, the Council has determined that the Amendment No. 1 to 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 Amendment No. I to 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. WHEREAS, neither the Urban Renewal Law nor any other Code provision sets forth any procedural action required to be taken before said proposed Amendment No. 1 is approved, and pursuant to Section 364.6 of the City Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the City Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE STATE OF IOWA: 1. That the attached Amendment No. 1 to the Agreement for Private Redevelopment with The Chauncey, LLC, which agreement includes the conveyance of Lot 5, the west 30' of Lot 6, and the west 160' of the alley, all in Block 43, Original Town, Iowa City, Iowa, to The Chauncey, L.L.C., is in the public interest of the residents of Iowa City and the public purpose will be accomplished by the City's economic development construction grant to the Project. 2. That said Amendment No. I 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 Amendment No. 1 and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. Passed and approved this 15 thday of Ap oved by Xkyi City Attorney's Office December , 20 15 MEMS&I.M0.12- I ATTEST: CITY LERK Resolution No. 15-396 Page 3 It was moved by Dickens and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Botchwav the ABSENT: ABSTAIN: Botchway Dickens Dobyns Hayek Mims Payne x Throgmorton x FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (this "First Amendment") is made as of December 15, 2015, ("First Amendment Effective Date"), by and between THE CITY OF IOWA CITY, IOWA, a municipality ("City"), and THE CHAUNCEY, L.L.C., an Iowa limited liability company ("Redeveloper"). RECITALS WHEREAS, City and Redeveloper are parties to that certain Agreement For Private Redevelopment dated as of May 27, 2015 (the "Agreement") in connection with the sale to and redevelopment by Redeveloper of the property generally located at the northeast corner of South Gilbert Street and East College Street in Iowa City, Iowa, legally described on Exhibit A attached hereto (the "Redevelopment Property"); and WHEREAS, the parties desire and agree to amend the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 2. Trigger Date Defined. A new Section 0.5 shall be added to Part I the Agreement, which Section shall read as follows: "The parties agree that the phrase "the Trigger Date of this Agreement", as used herein, shall be the date on which a final appellate decision is issued in Iowa Appellate Case Number 15-1946 (captioned "Trinity Episcopal Church v. City Council of Iowa City")." 3. Extension of Dates. The following time frames and/or dates set forth in the Agreement are hereby extended as follows: (a) Financing Contingency, Section 20) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by stfilethfaugh): 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. Redeveloper will obtain all financing commitments necessary for the construction of the Minimum Improvements prior to the issuance of a foundation permit or the City's issuance of bonds, whichever is earlier, but in no event later than one year from the date Trigger Date of this Agreement, and provide a copy of such commitments to the City by such date. This agreement is contingent upon Redeveloper obtaining financing upon terms and conditions satisfactory to Redeveloper and City, and shall be a condition precedent to the City's conveyance of the Property to Redeveloper in accordance with Section 6 herein. In the event such financing is not obtained by Redeveloper within one year from the date --Trigger Date of this Agreement, Redeveloper or the City shall have the right to terminate this Agreement. (b) Abstract of Title. The first two sentences of Section 3(d) of Part I of the Agreement are amended to read as follows (with additions indicated by underline, and deletions indicated by str-i ko+k^ugh): The City, at its expense, shall provide an Abstract of Title on the subject property continued through the date -Trigger Date of this Agreement, for examination by the Redeveloper. The City shall deliver said Abstract to Redeveloper within 30 calendar days of the date -Trigger Date of this Agreement, after which the Redeveloper shall have 3V calendar days to examine same and issue a preliminary title opinion. (c) Time for Commencement and Completion of Minimum Improvements. Section 4 of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by str-ikethreugh): The construction of the Project and Minimum Improvements shall commence not later than one (1) year from the date -Trigger Date of this Agreement, and shall be substantially completed on or before Deeembe 31�"the date which is three (3) years after the Trigger Date of this Agreement (hereinafter referred to as "the Completion Date"). (d) Progress Reports and Time for Submission of Construction Plans. Section 5(a) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by stfiket4ough): 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 schematic design development drawings showing preliminary floor plans, elevations and related information, particularly with regard to the bowling alley and movie theatres, no later than 180 calendar days after the date Trigger Date of this Agreement. No formal response will be required from the City to these design development drawings. The City, however, will alert Redeveloper to 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 Part II, Article III hereof, shall be not later than 270 calendar days from the date -Trigger Date of this Agreement for the site preparation and foundation plans; 365 calendar days from the date Trigger Date of this Agreement for the structural and shell construction plans; and 480 calendar days from the date -Trigger Date of this Agreement for the finish construction plans. Within 30 calendar days of each submittal, the City shall review and approve or reject and make recommendations for corrections to said Construction Plans. 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. (e) Time for Submission of Evidence of Financing Ability. Section 5(e) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by str keflffetigh): Prior to conveyance of the Property to Redeveloper or issuance of bonds, whichever is earlier, but in no event later than one year from the date Trigger Date 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, as provided in Sections 301 and 20) hereof. (f) Time and Place for Closing and Delivery of Deed. Section 5(f) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by strife): 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 one (1) year from the date -Trigger Date of this Agreementis. ex-ee-��a, or on such other 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. (g) Conditions Precedent to Conveyance of Property. Section 6(b) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by strikes): The Redeveloper shall have submitted to the City those Construction Plans due within 270 calendar days from the date- Trigger Date of this Agreement pursuant to Part 1, Section 5(a), and shall have been approved by the City Part II, Article III of this Agreement. The Redeveloper shall have submitted to the City a certification that the plans are in compliance with the Urban Renewal Plan. (h) Minimum Assessment Agreements. i. The introductory paragraph of Section 7(c) of Part I of the Agreement is amended to read as follows (with additions indicated by underline, and deletions indicated by str-ilegh): 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 $16,345,771 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the Property as of januafy 1, 2 4the first day of January of the year in which the Completion Date falls, and below the amount of $30,128,234 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the Property as of J n, 1, 2049the first day of January of the year immediately following the Completion Date ("Assessor's Minimum Actual Value") through: ii. Paragraph 1 of Exhibit H attached to the Agreement (the Minimum Assessment Agreement) is amended to read as follows (with additions indicated by underline, and deletions indicated by strike gh): As of T.,ruai= , 1, 2O the first day of January of the year in which the Completion Date falls, a partial 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 $16,345,771 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). iii. Paragraph 2 of Exhibit H attached to the Agreement (the Minimum Assessment Agreement) is amended to read as follows (with additions indicated by underline, and deletions indicated by stfike"^ugh): As of January ' ''n' °the first day of January of the year immediately following the Completion Date, a full 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 $30,128,234 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 Deeember 31, 2018the date which is three gars after the Trigger Date of the Agreement for Private Redevelopment. iv. Schedule Y, which is attached to Exhibit H of the Agreement (the Minimum Assessment Agreement), is amended by adding the following paragraph immediately following the payment table: The payment dates set forth on this Schedule Y shall be adjusted according to date on which construction of the Project is substantially completed. By way of clarification, the beginning date for partial assessment (based on a valuation of $16,345,771) shall be the first day of January of the year in which construction of the Project is substantially completed, and the beginning date for full assessment (based on a valuation of $30,128,234) shall be the first day of January of the year immediately following substantial completion of construction of the Project. V. , _ The introductory portion of paragraph 1 of Exhibit I attached to the Agreement (the Minimum The Agreement for the Park@201 property) is amended to read as follows (with additions indicated by underline, and deletions indicated by tfikegffeugh): As of janaar-y 1, 2 othe first day of January of the year immediately following substantial completion of construction of the Project, as set forth in the Chauncey Agreement, a full assessment shall be made fixing the minimum actual taxable value for assessment of Units 501, 502, 601, 701, 703 and 1302 at 201 East Washington Street, legally described as Units 501, 502, 601, 701, 703 and 1302 of Park@201 Condominium, Iowa City, Iowa, according to the Declaration thereof recorded December 23, 2013 in Book 519, Page 481, Records of the Recorder of Johnson County, Iowa, together with said unit's interest in the common elements as defined by the Declaration, at the following assessed values, after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"): vi. Paragraph 1 of Exhibit J attached to the Agreement (the Memorandum of Agreement for Private Redevelopment) is amended to read as follows (with additions indicated by underline, and deletions indicated by str31ethr-eugh): 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 2918the first day of Januaa of the year in which construction of the Project is substantially completed, a partial 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 $16,345,771 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the property, and that, as of afmar-y 1, 24 °the first day of January of the year immediately following substantial completion of construction of the Project, 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 $30,128,234 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the property; and that certain condominium units located within The Chauncey Development be dedicated to particular uses. 4. Extensions. None of the foregoing amendments to the dates set forth in the Agreement shall be construed to limit or preclude any other extensions of such dates contemplated or permitted pursuant to the terms of the Agreement. 5. Miscellaneous. (a) Except as hereinabove modified and amended, the Agreement shall remain in full force and effect in accordance with its terms and is hereby ratified and confirmed. (b) This First Amendment supersedes any prior representations, offers, negotiations or understandings between the parties with respect to the subject matter hereof. (c) This First Amendment may be signed by the Parties in counterpart and shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts shall be deemed to be authentic and valid as an original of this First Amendment. [THE REMAINDER OF THIS PAGE IS INTENTIONALL Y LEFT BLANK; SIGNATURE PAGES FOLLOW.] IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the First Amendment Trigger Date set forth above. A. By r Aftomey's Offycs Approved by: STATE OF IOWA CITY: CITY OF IOWA CITY, IOWA, a municipality By: h Matthew J. Haye , dayor ATTEST: By: . M -ah K. Karr, City Clerk COUNTY OF JOHNSON ) On this /day of 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 resolutions 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 KELLIE K. TUTTLE o e,. C�,mini:.::i.,nClnmber221819 i; Co miss n Expires `10 , First Amendment to Agreement for Private Redevelopment — Signature Page REDEVELOPER: THE CHAUNCEY, L. , an Iowa limited liability Member STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on this 011ay of Ptdy' '2015, by Marc B. Moen, as Member of The Chauncey, L.L.C. n pATF11CK J. FORD ` Commission F-Viremba s March 31, 2016 Notary Public in for the Sfate of Iowa First Amendment to Agreement for Private Redevelopment — Signature Page EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY Lots 5, 6, and the West 160' of the 20' wide alley, all in Block 43, Original Town, Iowa City, Iowa. 12-19-15 13 .NOMMOW Prepared by: Sara F.G. Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Resolution No.15-397 RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED ON BLOCK 102, ORIGINAL TOWN AND WITHIN THE CITY -UNIVERSITY PROJECT I URBAN RENEWAL AREA TO HSI, L.L.C. WHEREAS, pursuant to Resolution No. 15-359, approved on November 10, 2015, the City Council invited written proposals for the sale and redevelopment of certain property legally described as The N 60' of Lot 1, Block 102, Original Town, Iowa City, Iowa, except the N 37' of the E 55' of Lot 1, and expressed its intention to enter into a purchase agreement with HSI, L.L.C. ("Developer") in the event it did not receive any competing proposals; and WHEREAS, further pursuant to Resolution No. 15-359, the City set a public hearing on the matter and published notice thereof in the Iowa City Press -Citizen; and WHEREAS, having received no competing proposals, City Council now finds that acceptance of the Developer's purchase offer is in the public interest and consistent with the purposes and objectives of the Iowa City -University Project I Urban Renewal Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa: 1. That the purchase price as offered by the Developer for the property described above is equal to the amount of the fair value thereof for uses in accordance with the Plan and is hereby approved. 2. That the attached Agreement for the purchase of certain real property is in the public interest and in furtherance of the purposes and objectives of the City - University Project I Urban Renewal Plan and is hereby approved. 3. That the Mayor is authorized and directed to execute the Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature and to affix the seal of the City to the same. 4. The Mayor is authorized, and the City Clerk to attest, any and all documents necessary to effectuate such conveyance in accordance with the Agreement upon satisfaction of any and all contingencies and in a form approved by the City Attorney. PASSED AND APPROVED THIS 15th day of December, 2015. Mayor /( ATTEST: _ Approved by: � WG I k Cit Clerk City Attorney's Office Resolution No. 15-397 ]Page 2 It was moved by Dickens and seconded by Botchway 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 PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HSI, LLC This Purchase Agreement by and between the City of Iowa City, hereinafter referred to as "Seller" and HSI, L.L.C., an Iowa limited liability company, hereinafter referred to as "Buyer": WITNESSETH: WHEREAS, Seller and Hieronymus Square Associates, LLC. were the parties to that certain Offer to Buy Real Estate and Acceptance dated July 23, 2013 for the sale and purchase, respectively, of the property located between 301 S. Dubuque Street and the Court Street Transportation Center known as Johnson County Tax Parcel #1010384014, (hereinafter the "Property"); and WHEREAS, Paragraph 5 of the Offer to Buy contained several contingencies which were to be satisfied on or before the date one -hundred fifty (150) days after formal approval of the Offer by the City Council for the Seller; and WHEREAS, Buyer is the successor in interest to Hieronymus Square Associates, LLC and the owner of the adjacent property; and WHEREAS, Buyer intends to develop the Property as part of the site for the University of Iowa Museum of Art or the site of a building accessory thereto; and WHEREAS, as a result, there have been administrative delays as the Board of Regents works with the Buyer to develop the plans for the redevelopment of the Property; and WHEREAS, the expiration of the contingency deadline under the Offer was extended by the parties on multiple occasions but the Seller has determined it is necessary to terminate the prior agreement and enter into a new agreement providing for the reappraisal of the Property due to the passage of time; and WHEREAS, the parties agree that as result of the foregoing, it is in the interest of both parties to enter into a new Purchase Agreement for the sale of the Property between the Seller and the Buyer, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. REAL ESTATE DESCRIPTION. The Buyer hereby offers to buy and the Seller by its acceptance agrees to sell certain real estate in Iowa City, Iowa, currently included within Johnson County Tax Parcel No. 1010384014 and located between 301 S. Dubuque Street and the Court Street Transportation Center and also including the real estate located between Burlington Street and the Court Street Transportation Center, including all fixtures that integrally belong to, are specifically adapted to or a part of the real property, whether attached or detached (hereinafter the "Real Estate"). The exact legal description for the Real Estate will be taken from -2 - Buyer's survey obtained pursuant to Paragraph 7 herein. The Real Estate is being conveyed with any easements and appurtenant servient estates, with a twenty (20) foot air rights easement over the adjacent Ground Transportation Center as further described in Paragraph 5 below; and free from liens or encumbrances, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyers, on possession, are permitted to make the following use of the Real Estate: commercial and residential development purposes. 2. PRICE. The purchase price for the Real Estate shall be equal to the fair market value of the Property as determined by a current appraisal prepared by a certified appraiser familiar with local commercial real estate plus $100,000 as contemplated by paragraph 5(A)(i) below. The Seller shall make arrangements for the reappraisal of the Property as soon as reasonably possible and the cost of the appraisal shall be paid by the Seller. The appraisal shall not include the value of or be adjusted by the inclusion of the air rights to be conveyed by the Seller. Seller shall provide a complete copy of the appraisal to the Buyer upon its completion. In the event the Buyer disagrees with the value as established by Seller's appraisal, Buyer shall have a period of thirty (30) days from its receipt of the Seller's appraisal to notify Seller of its intention to obtain a second appraisal of the Real Estate by a certified appraiser familiar with local commercial real estate. Buyer shall be solely responsible for the cost of said second appraisal and shall provide a copy of said completed appraisal to Seller.. In the event Buyer elects to obtain a second appraisal, the Purchase Price shall be the average of the appraised values as determined by the Seller's appraiser and the Buyer's appraiser. The purchase price shall be payable as follows: $5,000.00 to be paid as earnest money upon acceptance of this offer, by Seller's City Manager, delivered to Seller at the time of the release or waiver of all contingencies herein, and the balance payable in full at the time of closing and transfer of possession. In the event the contingencies of this agreement, hereinafter the "Agreement," are not satisfied or released, the earnest money shall be returned to Buyer. 3. REAL ESTATE TAXES. Seller shall pay the 2015-2016 real estate taxes and any unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated portion of the 2016-2017 real estate taxes, if any, assessed against the Real Estate. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon the most current assessed valuation, legislative rollback and applicable levy rate. 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing. All other special assessments shall be paid by Buyer. 5. CONTINGENCIES. This Agreement is contingent upon the satisfaction of the following items: X A. The execution of a mutually agreeable Developer's Agreement for the redevelopment of the Real Estate, as well as the real estate adjacent to the Real Estate locally known as the "Mod Pod" at the corner of Burlington Street and Dubuque Street. In addition to other mutually agreeable terms, said Developer's Agreement shall include: 4098(47).3 2015-09-22 Purchase Agreement -3- (i) a mutually acceptable agreement for transfer of a twenty (20) foot air right easement over the adjacent Court Street Transportation Center, permitting Buyer to allow Buyer to construct the improvements up to and over the boundary of the Real Estate in exchange for the sum of one hundred thousand dollars ($100,000.00); and (ii) a mutually acceptable agreement for transfer at fair market value of any such other easements as are necessary to provide utilities to the Real Estate to allow Buyer to construct the improvements in connection with the development of the Real Estate and the adjacent "Mod Pod" building; and (iii) a mutually acceptable minimum assessment agreement that assures that all property which is the subject of the Developer's Agreement will remain taxable for the length of the Agreement. X B. The approval by the Federal Transportation Authority (FTA) of the sale of the Real Estate and the conveyance of the easements contemplated above. Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense, proceed diligently and in good faith to satisfy the conditions set forth above and to release such conditions or to have them satisfied on or before December 1, 2016, (the "Contingency Date"). If Buyer does not provide a written release of the above contingencies to Seller on or before the Contingency Date, then either party may declare this Agreement null and void by giving written notice to the other, in which event the Earnest Money payment shall be promptly returned. 6. SURVEY/SUBDIVISION PLAT. Buyer, at its sole expense, shall have the Real Estate surveyed. The legal description from the survey shall become the description of the Real Estate for purposes of conveyance hereunder. The survey description may be taken from a land survey, auditor's parcel plat or subdivision plat. The parties shall cooperate in obtaining and recording whatever survey or plat may be necessary to convey the Real Estate as provided herein, which survey or plat shall be at Buyer's expense. If the survey shows any encroachments on the Real Estate, such encroachments shall be treated as a title defect. 7. RIGHT OF ACCESS BEFORE CLOSING/INDEMNIFICATION. Prior to closing on the purchase of the Real Estate, Buyer and its agents may have reasonable access to the Real Estate for survey, soil tests, environmental investigation and other similar activities for the purpose of satisfying the contingencies at paragraph 5 of this Agreement and other obligations of Buyer under this Agreement. Buyer shall promptly repair and restore any damage caused by such access. Buyer hereby agrees to indemnify and hold harmless Seller from any and all expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Real Estate prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. 8. POSSESSION AND CLOSING. Subject to the Buyer's and Seller's timely 4096(47).3 2015-09-22 Purchase Agreement -4 - performance of all obligations herein, closing shall be held at a time mutually agreed upon by Buyer and Seller but in any event within sixty (60) days of the satisfaction of all contingencies and prior to February 1, 2017. On and after the Closing Date and upon payment of the Purchase Price, Buyer shall be entitled to immediate possession of the Real Estate. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and Seller's receipt of all funds then due at closing from Buyer under this Agreement. 9. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. Seller shall bear the risk of loss or damage to the Real Estate prior to closing. In the event of substantial damage prior to closing, the Agreement shall be null and void unless otherwise agreed in writing by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within 30 days after the intended Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to 30 days, in order to allow completion of the repairs and restoration. Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Real Estate, the Real Estate does not contain levels of radon gas that requires remediation under current governmental standards, and Seller has done nothing to contaminate the Real Estate with hazardous wastes or substances. Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Real Estate. In March of 2001, in connection with the construction of the Court Street Transportation Center, Seller had a Phase I Environmental Assessment prepared for submission to the FTA. The property assessed included the Real Estate and the Assessment resulted in a FONSI (Finding of No Significant Impact). Seller has provided a copy of said Assessment to Buyer. B. Buyer may at its expense, within ninety (90) days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Real Estate. In the event any hazardous materials, substances, conditions or wastes are discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare the Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be 4098(47).3 2015-09-22 Purchase Agreement -5 - paid by Seller, subject to Seller's right to cancel this transaction as provided above 11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 12. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 13. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in Paragraph 1 above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 14. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyers agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 16. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and the earnest money shall be forfeited b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to them. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 18. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 4098(47).3 2015-09-22 Purchase Agreement 10 19. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. 21. DISCLOSURES. Seller acknowledges that one or more of the members of the Buyer is a licensed Real Estate Agent. 22. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of the Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 23. NOTICE. Any notice required under this Agreement shall be deemed perfected when it is received in writing either by personal delivery or upon the date of the posting of said notice by Certified Mail. Such notices to Seller shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240. Such notices to Buyer shall be sent or delivered to Hieronymus Square Associates, L.L.C., c/o Kevin Digmann, 711 S. Gilbert St., Iowa City, Iowa 52240, with a copy to Kirsten H. Frey, 920 S. Dubuque St., P.O. Box 2000, Iowa City, Iowa 52244-2000. 24. IOWA CITY COUNCIL APPROVAL. Seller's obligations under this Agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 and Chapter 403 of the Code of Iowa. Seller shall seek said approval promptly after acceptance of execution of this Agreement by the City Manager on behalf of the Seller. If this Agreement is not approved by the City Council for Iowa City within sixty (60) days after acceptance by the City Manager, this Agreement shall be null and void and all earnest money shall be returned to the Buyer. 4098(47).3 2015-09-22 Purchase Agreement bA 25. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City Manager or his designee on behalf of the City on or before 5:00 P.M. on Tuesday, November 10, 2015, it shall become null and void and all payments shall be repaid to the Buyers. This Offer is presented to the City on this 10th day of November 2015. BUYER HSI, L.L.C. U/ --- BY: ichael. H ge, Manager This Offer is accepted this (% day of Nd✓ZM 4cy 2015. SELLER CITY OF IOWA CITY, IOWA 4098(47).3 2015-09-22 Purchase Agreement