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HomeMy WebLinkAbout2017-04-18 ResolutionPrepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 17-113 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: FIRST AVENUE CLUB - 1550 S. FIRST AVE. Passed and approved this 18th day of /April/ 2017 MKYOR ATTEST:�.i"�i , Q �P N,-� Crf-Y CLE Approved by City Attorney's Office It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: Dickens ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 5c(4) Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 17-114 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: CITY LIQUOR — 425 GILBERT ST. Passed and approved this 18th day of �J April' 20 17 /iri, / MAYOR ' Approved by ATTEST: �- P,u , CITY CLERK City Attorney's Office It was moved by Botchway and seconded by sickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 17-115 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WETHERBY PARK IMPROVEMENT PROJECT. WHEREAS, L.L. Felling Company of North Liberty, Iowa has submitted the lowest responsible bid of $162,750.00 for construction of the above-named project; and WHEREAS, funds for this project are available in the Parks Maintenance Fund account # R4342; and WHEREAS, The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to L.L. Pelling Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th day of April/ , 2017. M OR ATTEST:o 1�) QpvF� CITY-61ERK M�yaz/ -/S-/7 City Attorney's Office It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas X Throgmorton CITY OF IOWA CITY SA ,,) COUNCIL ACTION, 0t131stributed April 18, 2017 4/I�t /! `7 Resolution awarding contract and authorizing the Mayor to sign aV ��YY Clerk to attest a contract for construction of the Wetherby Park Improvemen i'oject. Prepared By: Dave Panos - Senior Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $162,750,available in the Parks Maintenance Fund account # R4342. Recommendations: Staff: Approval Commission: Park Commission reviewed project and recommended approval on October 12, 2016 Attachments: Resolution Executive Summary: Plans, Specifications, Form of Agreement and Estimate of Cost for the Wetherby Park Improvement Project were approved at the March 21, 2017 Council Meeting. Three (3) bids were submitted for the April 12, 2017 letting, and LL Pelling of North Liberty, Iowa submitted the lowest responsible bid of $162,750.00. Staff recommends awarding the contract for the Wetherby Park Improvement Project to LL Pelling of North Liberty, Iowa. This project is anticipated to be completed by July 31, 2017. Background / Analysis: A need for additional recreation opportunities was identified for the Weatherby Park area. A community meeting was held at the park to determine project priorities. The interest of neighborhood youth and adults was the addition of a new multi-purpose sport court which includes basketball and futsal (a form of soccer played on hard surface). Staff applied and received a $75,000 Wellmark grant. Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WETHERBY PARK IMPROVEMEN PROJECT. WHEREAS, of has submitted t e lowest responsible bid of $ for construction of the above-named project; and WHEREAS, funds foris project are available in the Parks and WHEREAS, The City Engin er and City Manager are according to the City's Purcha ' g Policy as they may b the above-named project. NOW, THEREFORE, BE IT RESOL D BY THE Cly CITY, IOWA, THAT: Fund account# R4342; ized to execute change orders necessary in the construction of COUNCIL OF THE CITY OF IOWA 1. The contract for the construction o% the bove-named project is hereby awarded to subject to t condition that awardee secure adequate performance and payment bond, insura certificates, and contract compliance program statements. 2. The Mayor is hereby authorized sign and a City Clerk to attest the contract for construction of the above -name project, subjec to the it that awardee secure adequate performance and pay ent bond, insuranc certificates, and contract compliance program statements. Passed and approved this _ / day of ATTEST CITY CLERK It was moved by adopted, and upon roll AYES: / there were: \ , 2017. MAYOR \ Approved by, and seconded by NAYS: City Attorney's Office the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton S_ Post 3/22 NOTICE TO BIDDERS WETHERBY PARK IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 12th day of April, 2017. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18 day of April, 2017, or at special meeting called for that purpose. The project includes all material, equipment, transportation, labor and coordination needed to complete the improvements associated with the sport court improvements at Wetherby Park in Iowa City. Improvements include site grading, 1,510sy HMA pavement, fencing, basketball hoops, futsal goals, court surfacing, markings and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Snyder & Associates, Inc. of Ankeny, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council.. The following limitations shall apply to this Project: Specified Start Date: May 1, 2017 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Rapids Reproductions / Technographics of Iowa City located at 415 Highland Ave Suite 100, Iowa, by bona fide bidders. A $25.00 fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technographics. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority AF -1 contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. CHRIS GUIDRY. CITY CLERK AF -2 Paul D. Pate pit OF AOR Ny W Secretary of State State of Iowa J4 AY 6 PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: } z FILED 28E 0 City of Iowa City City Johnson Party 2 Agreement LL M509964 Party 3 0 0 LL 5/1/2017 3:27:31 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 110 Police Protection (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) 28E agreement between the City and the University of Iowa for Tactical Team (SRT) Training and Response (Res 17-116) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title Adminstrative Secretary Department Adminstrative Secretary Email kellie-fruehling(a)iowa-city.org Phone 319-356-5043 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 University of Iowa State Agency Johnson Party 3 Party 4 Party 5 *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 110 Police Protection (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) 28E agreement between the City and the University of Iowa for Tactical Team (SRT) Training and Response (Res 17-116) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title Adminstrative Secretary Department Adminstrative Secretary Email kellie-fruehling(a)iowa-city.org Phone 319-356-5043 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNIVERSITY OF IOWA FOR TACTICAL TEAM TRAINING AND RESPONSE This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ("Iowa City") and the University of Iowa ("University). WHEREAS, in an effort to enhance the overall effectiveness of police operations, Iowa City has established a Special Response Team (SRT) within its police department; WHEREAS, the purpose of the SRT is to handle unusual operational activities and problems, such as hostage situations, barricaded situations, and high-risk apprehension; WHEREAS, the presence of a highly trained police response team has been shown to substantially reduce the risk of injury or loss of life to residents, police officers and suspects; WHEREAS, the University does not have a similar team within its police department that responds to special situations; WHEREAS, the University would like to have its officers train and deploy with the SRT; and WHEREAS, Iowa Code Chapter 28E (2017) permits local governments to enter into agreements for joint services and facilities. THEREFORE, Iowa City and University agree as follows: 1. Term/Duration. This Agreement shall be effective upon approval by both parties and filing with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2017). Iowa City is responsible for filing. The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpose of this agreement is for Iowa City and University to provide for joint tactical training between members of the University Police Department and the Iowa City Police Department and to allow University police officers to respond as members of the Iowa City tactical team. The Iowa City tactical team is known as the SRT and has specialized tactical training, equipment, and weapons that are useful in responding to barricaded situations, hostage situations, high risk apprehension, and similar critical situations. No separate legal or administrative entity is created by virtue of this Agreement. 3. Structure of Team. Management and control of the SRT will be the responsibility of and under the control of Iowa City and guided by the Iowa City SRT Standard Operating Procedures Manual. Iowa City will provide the leadership for the SRT and will be the nucleus around which the SRT is built. Team leadership will consist of assigned command personnel. 4. Commander of Team. The SRT Commander will be selected by the Captain of Iowa City Field Operations and will be responsible for all SRT operations, including deployment, decision making, and tactical resolution of the incident. The SRT Commander may be an Iowa City police officer or a University police officer. The SRT Commander will determine the members of the team. The SRT Commander shall have the power to issue reasonable orders and directives to officers of the other police department, and they will then act on said orders. If the SRT Commander is an Iowa City police officer, the University officers shall adhere to all applicable Iowa City policies or procedures. It is understood that the purpose of this section is to maintain order at the incident scene and shall not be construed to establish an employer/employee relationship. 5. Response Team. Each team will have a Team Leader in charge of the team at the incident scene. He or she will be responsible for managing the overall incident. The Teach Leader may be an Iowa City police officer or a University police officer. The SRT Commander shall designate the Team Leader who shall report directly to SRT Commander or to an SRT Supervisor designated by the SRT Commander. The Team Leader shall have the power to issue reasonable orders and directives to officers of the other police department, and they will then act on said orders. It is understood that the purpose of this section is to maintain order at the incident scene and shall not be construed to establish an employer/employee relationship. 6. Joint TraininE. The parties will plan and engage in joint tactical training exercises as assigned by Team Leadership. Each team member will be trained by Team Leadership in the knowledge, skills and abilities necessary to conduct tactical operations. Training will include testing of individuals and the entire team. Failure to maintain basic tactical skills, physical fitness standards or range qualifications scores may be grounds for de -selection. 7. No Reimbursement for Costs. No party shall be required to reimburse the other party for the cost of providing the services set forth in this Agreement. Each party shall pay its own costs, including but not limited to wages and salaries including overtime, benefits, MFPRSI, equipment repairs, and material for training and response. Notwithstanding any other provision to the contrary, the City from time to time may request that the University make a reasonable contribution to the ongoing operational and training expenses of the SRT, which the University shall not unreasonably deny. Any personal property provided for use in the joint undertaking described herein shall be owned by the party or parties that acquired such personal property. Each party may then hold and dispose of such personal property interests including upon termination in accordance with Section 8 below. 8. Termination. This Agreement may be terminated by mutual agreement of the parties or by one party providing 90 -day written notice to the other party. 9. Administrator. The Iowa City Police Chief will administer this Agreement and the services provided under this Agreement. 10. Notice. Notice by Iowa City to University must be in writing and addressed to: UIPD Chief of Police, 200 S. Capitol St., Iowa City, IA 52242. Notice by University to Iowa City must be in writing and addressed to: Police Chief, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 11. Liability. Each party shall bear the liability and/or cost of damage to its equipment and the death of or injury to its personnel caused by itself, regardless of the location of the incident. Nothing herein is intended to alter either of the party's ultimate responsibilities for its employees under Iowa law, including liability for or immunity from third -party claims. 12. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 13. Severability. if a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 14. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and University concerning joint tactical training and response, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this 18th day of April 2017. By: o—�= XlKyor Attest:_ V R City Clerk �� ({,_ i — l i - Approved: City Attorney's Office 3 H CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 18 /,— day of A ri / , 2017, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James A. Throgrnorton and Julic Voparil, to me personally known, who being by me duly sworn, did say that they are the Mayor and Deputy 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. Notary Public in for the State of Io My Commission MMr vim is UNIVERSITY OF IOWA The undersigned acknowledges and declares his authority to enter into this Agreement on behalf of the University of Iowa. 0 1 A -C- day of iM { 2017. W. K-ieft, Univegsity)Uusiness Manager 4 CITY OF IOWA CIT COUNCIL ACTION REPOR 5d(2) April 18, 2017 Resolution authorizing the Mayor to sign and City Clerk to attest a 28E Agreement between the City and University of Iowa for Tactical Team (SRT) Training and Response Prepared By: Jody L. Matherly, Police Chief Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: 28E Agreement, Resolution Executive Summary: The Iowa City Police Department has utilized a Special Response Team (SRT) since 1997. The University of Iowa Police Department (UIPD) also had an SRT, but recently disbanded their program in part due to budgetary constraints. As an alternative, the UIPD requested to join the ICPD SRT so both agencies could train together and develop a more efficient and coordinated response to critical incidents requiring SRT expertise. By combining teams, UIPD brings personnel and resources to the SRT to enhance the team. The combined team will bring a continuity of services to both Iowa City and University of Iowa communities in high-risk situations. The attached 28E Agreement allows the combined team to operate jointly under the Iowa Code. Background / Analysis: In an effort to enhance the overall effectiveness of police operations, the Iowa City Police Department has established a Special Response Team (SRT). The purpose of this team is to handle unusual operational activities and problems. Examples are: Hostage Situations, Barricade Situations, Sniper Situations, High -Risk Apprehensions, High -Risk Warrant Service, Personal Protection (VIPs, high-profile officials, etc) and Civil Disturbance. The presence of a highly trained police response team has been shown to substantially reduce the risk of injury or loss of life to citizens, police officers and suspects. A well-managed team response to critical incidents will substantially enhance the likelihood of a more successful resolution of the incident. With the University of Iowa geographically located within the Iowa City city limits, incidents requiring SRT response may require a joint response. By allowing the UIPD to join the ICPD SRT, both agencies will benefit in cost effectiveness, efficiency and continuity in response. Such combined teams are common and preferred. While rarely needed, the SRT team is essential to have ready when it is required. On average, the ICPD SRT is utilized 2-3 times annually. The UIPD SRT has not been activated in recent years. Regarding equipment, neither team utilizes the U.S. Government 1033 program nor possess armored vehicles. UIPD has just donated a rapid deployment vehicle to the team and ICPD already has such a vehicle. Both of these vehicles are simply a regular van -type vehicle equipped to quickly transport large numbers of personnel and equipment to the scene. Paul D. Pate y ptc or ,ow' m Secretary of State Frs.^' y` State of Iowa dRr Or r i FILED 28E Agreement LL M509966 0 5/2/2017 1:54:49 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) For Johnson Co. to grant permission to Iowa City to improve Hebl Avenue in Johnson County from its present rural standard chip seal surface to rural standard concrete paving. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindeflnite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at htlo://sos.iowa covf28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Goers FIRST Name Title Assistant City Attorney Department Assistant City Attorney Email eric-goersaiowa-citv.oro Phone 319-356-5030 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) For Johnson Co. to grant permission to Iowa City to improve Hebl Avenue in Johnson County from its present rural standard chip seal surface to rural standard concrete paving. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindeflnite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at htlo://sos.iowa covf28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Goers FIRST Name Title Assistant City Attorney Department Assistant City Attorney Email eric-goersaiowa-citv.oro Phone 319-356-5030 Prepared by: Eric R. Goers, Asst City Attorney, 410 E. Washington St., Iowa City, IA 57240 (318) 356-5030 RESOLUTION NO. 17-117 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR IMPROVEMENTS TO BE MADE BY THE CITY TO HEBL AVE WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2017); and WHEREAS, the City and the County recognize that Hebl Ave. presently sits on County right-of- way; and WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal surface to rural standard concrete paving; and WHEREAS, the County has no objection to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to Hebl Ave., at no expense to the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. The attached 28E Project Agreement Between Johnson County, Iowa and the City of Iowa City, Iowa for Improvements to Hebl Ave, is hereby approved and the Mayor is hereby authorized to execute and the City Clerk to attest to the attached 28E Agreement. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 18th day of April 2017. MAYOR \\ Appr ved by ATTEST: V] p CITY RK r City Attorney's Office Resolution No. 17 Page It was moved by Borchway and seconded by- Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x _ Dickens x Mims x Taylor x Thomas x Throginorton Dmfted by Eric R Goers, Ass[. City Anomey, 410 E. Washington, Iowa City, Iowa 52240,319 356-5030 28E Project Agreement Between Johnson County, Iowa and the City of Iowa City, Iowa for Improvements to Hebl Ave. WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2017); and WHEREAS, the City and the County recognize that Hebl Ave. presently sits on County right-of- way; and WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal surface to rural standard concrete paving; and WHEREAS, the County has no objection to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to Hebl Ave., at no expense to the County. IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2017) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: 1. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is for the County to grant formal permission to the City to improve Hebl Ave. The improvements shall consist of installations associated with rural design standards. These installations may include but are not limited to pec paving and installation of a new road culvert. 2, NO SEPARATE LEGAL ENTITY: No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein. The City Manager of Iowa City shall administer the City's duties and responsibilities herein. 3. CONSIDERATION: The mutual consideration herein is undertaking the improvements to Hebl Ave. The project costs, in their entirety, will be bomc by the City. The County will pay nothing toward the costs of these improvements. 4. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any and all additional easements needed for the improvement project. The City shall have sole and exclusive responsibility for the construction work 5. MAINTENANCE: Maintenance of the subject portion of Hebl Ave., once the improvements are completed, shall continue to be dealt with as set out in the Road Maintenance Agreement previously entered into by the City and the County and as h=inafter amended. The City and the County agree that that Hebl Ave. is the same roadway that is designated as "Landfill Access Road, Hebl Rd" on the Road Maintenance Agreement. 6. FINANCING: The City shall bear all costs associated with this construction project. 7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2017). The City Clerk shall file this Agreement with the Secretary of State at the City's cost. 8. DURATION: This agreement shall continue in force until final acceptance of the work by the City. 9. NO THIRD -PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or County's ultimate responsibility for their own right-of-way, including liability for or immunity from third - party claims. Nor is this 28E Agreement intended to create any third -party benefits. 10. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement shall be in accordance with Chapter 28E of the Code of Iowa (2017) and statutes respecting the rights and responsibilities of the political subdivisions. 11. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This agreement was approved by official action of the Johnson County Board of Supervisors in official session on the 13f° day of April, 2017, 6 ATTEST: County Auditor/Deslgnee T�OF IOWA CITY memP was session on the ___ day of ATTEST. _ Ci lerk1Designee Janelle Retti , Chairperson Johnson County Board of Supervisors approved by official action of the_City Council of Iowa City in official 20_ James A. Throgmorton, Mayor City of Iowa City 6. FINANCING: The City shall bear all costs associated with this construction project 7, EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2017). The City Clerk shall file this Agreement with the Secretary of State at the City's cost. S. DURATION: This agreement shall continue in force until final acceptance of the work by the City. 9. NO THIRD -PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or County's ultimate responsibility for their own right-of-way, including liability for or immunity from third - party claims. Nor is this 28E Agreement intended to create any third -party benefits. 10. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement shall be in accordance with Chapter 28E of the Code of Iowa (2017) and statutes respecting the rights and responsibilities of the political subdivisions. 11. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This agreement was approved by official action of the Johnson County Board of Supervisors in official session on the �_ day of rplrf I 201. Janelle Rettig, Chairperson Johnson County Board of Supervisors ATTEST: CITY OF IOWA CITY This agreement was approved by official action of the City Council of Iowa City in official session on the 18th day of April 20 17 . Jarrks A. Throgmorton, M yor y City of Iowa City ATTEST: ics c� City C estgnee 9trtYwv s t.11!t.e f -L 4 CITY OF IOWA CITY=, -COUNCIL ACTION REPOR April 18, 2017 Resolution authorizing the Mayor to sign and the City Clerk to attest a 28E Agreement between the City of Iowa City and Johnson County for improvements to be made by the City to Hebl Ave. Prepared By: Daniel Scott — Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: None Executive Summary: The reconstruction of Hebl Avenue will include improving the roadway to full depth PCC with rock base and partial curb to improve the drainage system. A new roadway culvert will also be installed for the creek crossing with new guardrails to improve safety. Because Hebl Avenue is a county road, and the City of Iowa City intends to make improvements to the road, a 28E agreement is necessary to outline funding and maintenance responsibilities related to the project. This 28E agreement requires the construction improvements to be funded by the City. The maintenance of Hebl Avenue will also be the responsibility of the City, which is currently the City's responsibility for the existing Hebl Avenue. Background / Analysis: Hebl Avenue is a county road that currently serves as the entrance road to the City Landfill and Recycling Center. The existing roadway is at the end of its useful life due to the majority of traffic being heavy refuse trucks. The current roadway is a 22' wide rural chip and sealcoat roadway with roadway ditches on either side for managing storm water runoff. In addition, the existing creek culvert under Hebl Avenue is in need of repair. The City has designed a project to reconstruct Hebl Avenue, and the project is expected to be completed in 2017. T '), (s / Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)3565416 RESOLUTION NO. 17-118 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE BURLINGTON CLINTON STREET INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the Burlington Clinton Street Intersection Improvements Project ("Project") which includes the construction of new water main and ADA and sidewalk improvements along Clinton Street between Court Street and Burlington Street, the construction of new turn lanes and signal improvements at the Burlington and Clinton intersection, and the restriping of Clinton Street to include a 4 -Lane to 3 -Lane conversion from Jefferson Street to Court Street and the addition of bike lanes from Church Street to Benton Street; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Burlington/Clinton Intersection Imp account # S3840. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Burlington Clinton Street Intersection Improvements Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 17-118 Page 2 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 18th day of April —,20 17 M AWOR oved ATTEST: oyl� �-I3-� 7 Z--v3� CITE City Attorney's Office It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x pwengVmasters\acqu ireprop.doc ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CITY- COUNCIL ACTION REPORT April 18, 2017 Late Handouts Distributed Resolution Authorizing the Acquisition of Property Interests Necessary for Construction of the Burlington Clinton Street Intersection Improves pnt� a Executive Summary: As part of the Burlington Clinton Street Intersection Improvements Project, new traffic signals and ADA curb ramps will be installed at the Burlington Street and Clinton Street intersection. However, the improvements cannot be constructed within the right-of-way due to the necessary layout of the signal and ramps, and numerous existing utilities that run along the Clinton Street corridor. In order to maintain an ADA accessible walkway along Clinton Street and Burlington Street, the City must acquire additional property on the northeast and southeast corners of the Burlington Street and Clinton Street intersection. It is anticipated approximately 50 square feet will be acquired at both corners of the intersection. Background / Analysis: The Burlington Clinton Street Intersection Improvements Project is expected to improve traffic and pedestrian safety and multimodal travel at the Burlington Street and Clinton Street intersection, and throughout the Clinton Street corridor. This project includes the construction of new water main and ADA and sidewalk improvements along Clinton Street, between Court Street and Burlington Street, and the construction of new turn lanes and signal improvements at the Burlington and Clinton intersection. In addition, this project was designed to maximize the use of the existing pavement, and includes the restriping of Clinton Street to include a 4 -lane to 3 -lane conversion from Jefferson Street to Court Street, and the addition of continuous bike lanes on Clinton Street from Church Street to Benton Street. (Date) Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: As part of the Burlington Clinton Street Intersection Improvements Project, new traffic signals and ADA curb ramps will be installed at the Burlington Street and Clinton Street intersection. However, the improvements cannot be constructed within the right-of-way due to the necessary layout of the signal and ramps, and numerous existing utilities that run along the Clinton Street corridor. In order to maintain an ADA accessible walkway along Clinton Street and Burlington Street, the City must acquire additional property on the northeast and southeast corners of the Burlington Street and Clinton Street intersection. It is anticipated approximately 50 square feet will be acquired at both corners of the intersection. Background / Analysis: The Burlington Clinton Street Intersection Improvements Project is expected to improve traffic and pedestrian safety and multimodal travel at the Burlington Street and Clinton Street intersection, and throughout the Clinton Street corridor. This project includes the construction of new water main and ADA and sidewalk improvements along Clinton Street, between Court Street and Burlington Street, and the construction of new turn lanes and signal improvements at the Burlington and Clinton intersection. In addition, this project was designed to maximize the use of the existing pavement, and includes the restriping of Clinton Street to include a 4 -lane to 3 -lane conversion from Jefferson Street to Court Street, and the addition of continuous bike lanes on Clinton Street from Church Street to Benton Street. Secs) Prepared by: Kumi Morris, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240, (319)355-5082 RESOLUTION NO. t 7-t 1g RESOLUTION SETTING A PUBLIC HEARING ON MAY 2, 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK CABIN RESTORATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Parks and Recreation Department City Park Cabin Restoration CIP account #R4187. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of May, 2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April _'20 17 h. MAIYOR ATTEST:%�tV ��_Qt� CITY -CLERK Approved by City Attorney's Office S:\REC\Govemment Buildings and Facilities Management\Projects\City Park Cabin Restoration Project\Front ends and bid documentskRebid June 201715et Public Hearing Project Resolution- City Park Cabin Restoration Project 0418 2017.doc 417 Resolution No. 17-119 Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole x Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA CIT 04-18-17 COUNCIL ACTION REPOR 5e(1) April 18, 2017 Resolution to hold a public hearing on May 2, 2017 for the rebid of the City Park Cabin Restoration Project Prepared By: Kumi Morris - Facilities Manager Reviewed By: Juli Seydell-Johnson - Parks & Recreation Director Geoff Fruin - City Manager Fiscal Impact: The estimated cost for this project is $190,500 and will be funded from a $25,000 State of Iowa REAP Historic Preservation Grant, $11,263 in private donations and $154,237 from the City Park Cabin Restoration CIP account #R4187. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This is a rebid of the City Park Cabin Restoration Project. The City received no bids earlier this spring. The restoration project involves the preservation and rehabilitation of two significantly historic log cabin structures in upper City Park. The project has been repackaged to extend the bidding and construction period and simplified the foundation work. Background / Analysis: The cabins were constructed by the Old Settler's Association of Johnson County, and are both individually listed on the National Register of Historic Places (c.1889 and 1913). They are significant examples of the country's first generation of log houses and a visual reminder of Iowa's pioneering past. The cabins were used for recreation camps and programs from 1976 -2008. The programming stopped at the site due to the deteriorating condition of the cabins. Plans are to offer interpretive historical recreation programs again once the cabins are restored. Since the late 1990s the cabins have remain dormant. The cabins were deemed unfit and unsafe for any programming or even basic interior access, and were officially closed in 2009. The foundation, structure and roofs have deteriorated over time and require specialized restoration following preservation guidelines and rehabilitation to the Secretary of Interior's Standards due to their historic designation. 'r 1 CITY OF IOWA CITY 14 COUNCIL ACTION REPORT The project is also partially supported by a grant from the Historic Resource Development Program; the grant is to restore the roof structures of both cabins. The project will be bid with six separate line items prioritizing the repairs in the project: 1. Roof repairs- structurally repairing or replacing the roof rafters with salvaged old growth boards, felt and split shake shingles. 2. Foundation repairs- requires lifting existing log structures and hand digging the trench footing for the new foundation to shore and square up the existing structures, and to allow the log buildings to have natural air circulation to reduce moisture and further deterioration. 3. Flooring repairs- repairing the rotted floor joists to rehabilitated condition with salvaged old growth boards. 4. Window and Door repairs- windows are currently boarded up and have been augmented, they will be restored. There are as many as six types of window designs on the structures. 5. Log rehabilitation and restoration- the two log cabin structures have different structural constructions and assemblies and will require specialized repair and replacement for each individual building. 6. Concrete and site work. It should be noted, that due to the extent of restoration and costs, all items may not be accomplished under this contract. The intent is to maximize the repairs within the current allocated funds, to expedite the stabilization of the current structures from further deterioration, and plan for future phases. Staff recommends proceeding with approving plans and specifications on May 2, 2017 for the City Park Cabin Restoration Project. s�c�) Prepared by: Jason Reichert, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416 RESOLUTION NO. 17-120 RESOLUTION SETTING A PUBLIC HEARING ON MAY 2, 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON CLINTON STREET INTERSECTION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Burlington/Clinton Intersection Imp account # S3840. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of May, 2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April 20 17 M OR Approved by ATTEST:.�Tn -Sbapuk� CITY -CLERK City Attorney's Office pwengVmasterslsetph.doc 1/11 Resolution No. 17-120 Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CIT COUNCIL ACTION REPOR 5e(7) April 18, 2017 Resolution Setting a Public Hearing on May 2, 2017 on Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of the Burlington Clinton Street Intersection Improvements Project, Directing City Clerk to Publish Notice of Said Hearing, and Directing the City Engineer to Place Said Plans on File for Public Inspection. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $1,100,000 available in the Burlington/Clinton Intersection Imp account #S3840 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Burlington Clinton Street Improvement Project is expected to improve traffic and pedestrian safety and multimodal travel at the Burlington Street and Clinton Street intersection, and throughout the Clinton Street corridor. This project includes the construction of new water main and ADA and sidewalk improvements along Clinton Street, between Court Street and Burlington Street, and the construction of new turn lanes and signal improvements at the Burlington and Clinton intersection. In addition, this project was designed to maximize the use of the existing pavement, and includes the restriping of Clinton Street to include a 4 -lane to 3 -lane conversion from Jefferson Street to Court Street, and the addition of continuous bike lanes on Clinton Street from Church Street to Benton Street. Background / Analysis: Shive-Hattery, Inc. of Iowa City, Iowa was selected to design the project, which included an original concept of constructing turn lanes and other safety improvements at the Burlington and Clinton intersection. During the design process, the City expressed the desire to explore the option of a 4 -lane to 3 -lane conversion for the Clinton Street corridor within and adjacent to the project area. This was also included as part of the Downtown Iowa City Multi -Modal Traffic Modeling Study. In addition, Alta Planning & Design is currently working on a Bicycle Master Plan for the City of Iowa City. In an effort to integrate planning and construction efforts, City staff coordinated with Alta Planning & Design during the project design process to develop a concept that would implement recommendations that are expected to be included within the final Bicycle Master Plan. The plans, specifications, form of contract, and estimate of cost for construction of the Burlington Clinton Street Intersection Improvements Project have been filed in the Office of the City Clerk for public examination. The estimated cost of construction is $1,100,000, and the project is expected to be completed in 2017. Sc (7 Prepared by: Ben Clark, Sr. Civil Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5140 RESOLUTION NO. 17-121 RESOLUTION SETTING A PUBLIC HEARING ON MAY 2, 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERFRONT CROSSINGS PARK, PHASE 1 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Park at Site of North WWT Plant account #R4185 and North Wastewater Plant Demolition account #V3142. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of May, 2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April 2017. MAYOR O Approved by ATTEST: 4 DEIYUTY CITftLERK City Attorney's Office f1 /34-' - Resolution No. Page 2 17-121 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CIT COUNCIL ACTION REPOR 5e(8) April 18, 2017 Resolution setting a public hearing on May 2, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Riverfront Crossings Park, Phase 1 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Juli Seydell Johnson, Parks & Recreation Director Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: The estimated cost for this project is $2,760,000 and will be funded with a State Sales Tax Hazard Mitigation Grant and GO Bonds. Recommendations: Staff: Approval Commission: Park Commission reviewed project and recommended approval on December 14, 2016 Attachments: Resolution, Master Plan Drawing and Phase 1 Drawing Executive Summary: This agenda item begins the bidding process for the Riverfront Crossings, Phase 1 Project. Background / Analysis: Riverfront Crossings Park is located at the site of the City's decommissioned North Wastewater Treatment Plant. In an effort to move critical infrastructure facilities out of the floodplain after the major flood event in 2008, the City secured funding through the Iowa Flood Mitigation Program to decommission and demolish the City's North Wastewater Treatment Plant (WWTP) and convert the area into a new riverfront park. The approximately 25 acre park site is located on the banks of the Iowa River. The City -owned portion of the site (approximately 17 acres) has been cleared of the wastewater treatment plant in preparation for future park development. The goal of the Riverfront Crossings Park is to transform the riverside area into a new flood resilient park that includes walkable/bikeable connections from urban areas to the river and enhance Ralston Creek to become a community asset. Phase 1 includes creation of a 5 acre wetland, grading of the site in preparation for future park amenities, construction of trails in the park with a new connection to Gilbert Street along Highway 6 and a bridge crossing of Ralston Creek at Second Street. A north entrance, parking area and nature play area are being bid as alternates with this project. Project Timeline: Set Public Hearing —April 18, 2017 Hold Public Hearing — May 2 , 2017 Bid Letting — May 25, 2017 Award Date — June 6, 2017 or at the next Council Meeting Construction Start — June, 2017 i a�aHill 0000000000000 m I �0 16-W,,,I C' dr,"4 4-00 All �.�• 6 ,E e • 1 ' y ��a`kl jai• •� �s � • •• j` � • • w - � �' IFCI I • � •Le C rw I x _ �000000®o®00000 � oo®o0 000 - - - - , 3 §$ RESOLUTION NO. 17-122 RESOLUTION OF INTENT TO CONSIDER A PROPOSED DEVELOPMENT AGREEMENT WITH AUGUSTA PLACE, LLC, WHICH INCLUDES TRANSFER OF LAND DESCRIBED THEREIN, AND SETTING A PUBLIC HEARING FOR MAY 2, 2017 THEREON AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City -University Project I Urban Renewal Plan (Project No. IA R-14), which plan has been modified and amended from time to time (said plan, as amended, is hereinafter referred to as the "Plan") for the City -University Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which is on file in the office of the Recorder of Johnson County; and, WHEREAS, among the Plan objectives for the Area are objectives to preserve and protect buildings that, for reason of age, history, architecture or significance are listed or are eligible for listing on the National Register of Historic Places, strengthen the economic well- being of the area and provide residential development for low and moderate income families. WHEREAS, the City Council has adopted certain Economic Development Policies intended to a) attract new residential and commercial development, b) retain the City's existing businesses, and c) encourage business expansion, in order to a) increase economic activity, b) create jobs; c) lower unemployment, d) increase wages; e) increase property values, 1) increase tax revenues, g) increase ownership and entrepreneurial opportunities, h) revitalize underutilized or blighted areas; and i) expand affordable housing; and WHEREAS, the City received a proposal from Augusta Place, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which the property on the north half of the block bordered by Gilbert Street, Iowa Avenue, Van Buren Street, a portion of which is owned by the City and currently used as surface parking lot will be developed with the Development to include, among other things, the Developer's investment of $35,163,653 in development costs to construct certain Minimum Improvements, as defined in the Agreement, on certain real property located within the City -University Urban Renewal Area, as legally described in the Agreement("the Project"); and, WHEREAS, said Project includes the acquisition, restoration and reuse of the historic Unitarian Church for a commercial enterprise and designation as a historic landmark, residential development which includes housing for low and moderate income families and replacement parking sufficient for the City's public safety vehicles. 1 WHEREAS, pursuant to said Policies, the City's consultant made a financial analysis of the proposed Development Agreement, which analysis included an examination of all financing sources for the project, the project costs, with scrutiny of the Developer's return based largely on Developer equity and the maximization of project debt; and WHEREAS, the Developer equity in the project, not including debt, is equal to or greater than the public financing requested; and WHEREAS, in exchange for construction of the Minimum Improvements and the creation of a $14,384,905 minimum assessment value on the project once complete, the City proposes to convey land to the Developer at the appraised value of $3,330,000, and to make certain contributions to the project, including economic development grants in the form of TIF rebates of 100% of the TIF revenue over a maximum 9 years in the maximum amount of $4,020,292 for the commercial and on-site affordable housing components of the project, a forgivable loan in the amount of $650,831, purchase of the improved surface parking lot for $602,843 ,and purchase of six 1 bedroom apartments with Housing Authority funds for use as affordable housing at a total price of $1,080,000; and, WHEREAS, the Project will generate, when complete, an actual minimum taxable value of $14,384,905 of new tax base upon which taxes will be paid to the taxing bodies pursuant to the protected school debt service levy, school physical plant and equipment levy, county debt service levy, city debt service levy, community college debt service levy, and school instructional support levy; and, WHEREAS, the Agreement provides for the execution by Developer of a minimum assessment agreement with the City and the minimum actual value therein of $14,384,905 provides sufficient taxable valuations to permit the collection of incremental taxes to cause the indebtness and other costs incurred by the City with respect to the property being conveyed by the City to Developer to be repayable as to principal within four tax years following the commencement of full operation of the development; and, WHEREAS, the City believes that the Project pursuant to this Agreement aligns with the goals of the City's Comprehensive Plan, including the Downtown and Riverfront Crossings sub district plan which includes the Development property, as the Project provides for preservation of a historic building for commercial use, represents strategic infill development on an under- utilized surface parking lot, is pedestrian oriented by adding to the number of residences in the downtown within walking distance of grocery stores, services, restaurants and retail, brings the active part of the building close to the property line with parking hidden behind and provides 6 units of on-site affordable housing as well as a commitment by the Developer to provide additional off site affordable housing and replace the City owned parking necessary for the public safety departments housed at City Hall; and, 2 WHEREAS, the Economic Development Grants to be provided by City to Developer under this Agreement are for the purpose of acquiring, maintaining and rehabilitating the historic Unitarian Church as a commercial enterprise and the development of housing for low and moderate income families. WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapter, and to levy taxes and assessments for such purposes; 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 to provide economic development grants 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 objectives of the City within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein; and WHEREAS, neither the Urban Renewal Law nor any other Code provision sets forth any procedural action required to be taken before said economic development activities can occur under the Agreement, 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: Section 1. The City Council does hereby declare its intent to consider the proposed Development Agreement with Augusta Place, LLC, which agreement includes the conveyance of the City owned property legally described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO THE CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89021'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00046'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89021'01"E, ALONG THE NORTH LINE OF LOTS 3,2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3 Section 2. A public hearing on said proposal should be and is hereby set for May 2, 2017 at 7:00 P.M. in Emma J. Harvat Hall at City Hall, 410 E. Washington Street, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Section 3. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting. Section 4. The notice of the proposed action shall be in substantially the following form: NOTICE OF PUBLIC HEARING OF THE IOWA CITY CITY COUNCIL ON THE MATTER OF THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AUGUSTA PLACE, LLC, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Iowa City City Council will hold a public hearing on May 2, 2017, at 7:00 p.m. in Emma Harvat Hall, at City Hall, 410 E. Washington Street, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, at which meeting the Council proposes to take action on the proposal enter into a Development Agreement (the "Agreement") with Augusta Place, LLC. (the "Developer"). The Agreement would obligate the Developer to invest $35,163,653 in development costs toward the construction of certain Minimum Improvements as defined in the Agreement on certain real property located within the City -University Urban Renewal Area as defined and legally described in the Development Agreement. Said land is located to the North of City Hall on the North half of Block bordered by Gilbert Street, Iowa Avenue and Van Buren Street and consists of two parcels, one owned by the City of Iowa City and used as a surface parking lot, and the other the site of the historic Unitarian Church and owned by the Developer. The property owned by the City would be conveyed to Augusta Place pursuant to said Development Agreement. The project requires certain Minimum Improvements including the designation of the Unitarian Church as a historic landmark and rehabilitation of the church as a commercial venture, affordable housing both on and off site, a parking facility to include surface parking for 60 City vehicles, 26 townhomes rimming the parking facility and 100 apartments. In exchange for construction of the Minimum Improvements and the creation of a $14,384,905 minimum assessment value on the project once complete, the City proposes to convey land to the Developer for the appraised value of $3,330,000,which land is legally -described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO THE CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00°46'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTH WEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89021'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 0 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00046'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01 "E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The City also agrees to provide annual economic development grants paid through the use of tax increment financing over a maximum 9 years in the maximum amount of $4,020,292 for the commercial and on-site affordable housing components of the project, a forgivable loan in the amount of $650,831, purchase of the improved surface parking lot for $602,843, and purchase of six 1 bedroom apartments with Housing Authority funds for use as affordable housing at a total price of $1,080,000. A copy of the Agreement is on file for public inspection during regular business hours in the office of the City Clerk, City Hall, City of Iowa City, Iowa. At the above meeting the Council shall receive oral or written comments from any resident or property owner of said City, to the proposal to enter into the Agreement with the Developer. After all comments have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Agreement. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 364.6 of the City Code of Iowa. Dated this day of 2017. City Clerk, City of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 18th day of April 2017. ATTEST: L, N1or Approved By: ���-� ��Q City k City Attorney's Office Resolution No. 17-122 Page 6 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton AGREEMENT FOR PRIVATE DEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, and AUGUSTA PLACE, LLC Thursday, April 13, 2017 Page 1 EXHIBITS Exhibit A Map of Urban Renewal Area Exhibit B Legal Description of Urban Renewal Area Exhibit C Legal Description of Development Property C-1 Legal Description of City Property C-2 Legal Description of Church Property Exhibit D Minimum Improvements and Uses Exhibit E Concept Plan Exhibit F Certificate of Completion Exhibit G Crane Swing Easement Agreement Exhibit H Temporary Construction Easement Agreement Exhibit I Opinion of Counsel Exhibit J Promissory Note Exhibit K Minimum Assessment Agreement Exhibit L RESERVED Exhibit M Annual Certification Exhibit N Legal Description of Off-site Affordable Housing Units Exhibit O Memorandum of Agreement Thursday, April 13, 2017 Page 2 INTRODUCTION THIS AGREEMENT FOR PRIVATE REDEVELOPMENT is by and between the City of Iowa City, Iowa ("City"), a municipality, established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Iowa Code Chapters 15A and 403 (2017), as amended, ("Urban Renewal Act") and Augusta Place, L.L.C. ("Developer"), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at Iowa City, Iowa. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City and the Developer for the development of the property in Iowa City located to the North of City Hall in Iowa City, Iowa, legally described in Exhibit C hereto, ("the Property" or "the Development Property") an urban renewal parcel. WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization and economic development of an urban renewal area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City -University Project I Urban Renewal Area (Project No. IA R-14), which area is described in the Urban Renewal Plan approved for such area by Resolution No. 2157 dated October 2, 1969 and amended from time to time with said amendments including those added by Resolution No. 16-230, dated November July 19, 2016; and by Resolution No. dated May 2, 2017; and WHEREAS, the Plan was adopted for the urban renewal area shown on Exhibit A and legally described on Exhibit B ("Urban Renewal Area"); and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of this Agreement has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer has proposed a Project known as Augusta Place for the development of the property on the northern half of the block bordered by Gilbert Street, Iowa Avenue, Van Buren Street and Washington Street, which property is more particularly described in Exhibit "C" attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Property" or `Development Property'); and, WHEREAS, the City has determined that the Project proposed by Developer, as further described in Exhibit D "Minimum Improvements and Uses" and Exhibit E "Concept Plan", on the Development Property, is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws, including but not limited to Iowa Code Chapters 15A and 403; and WHEREAS, the Developer is willing to develop or cause the Property to be developed for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with Thursday, April 13, 2017 Page 3 this Agreement by constructing the Project and incorporating the uses outlined in this Agreement; and WHEREAS, the City is willing to convey to the Developer that portion of the Property it currently owns subject to the use limitations provided for in the Plan, this Agreement, and certain restrictions, covenants, conditions and obligations assumed by the Developer pursuant to this Agreement; and WHEREAS, the parking lot currently on the City Property includes critical parking for the City's public safety functions that are housed in City Hall, and a critical component of the Project and the City's willingness to convey the City Property is the replacement and sale back to the City of a City Parking Condominium Unit with 60 parking spaces; and, WHEREAS, the Project will generate, when complete, an actual minimum taxable value of $14,384,905 of new tax base upon which taxes will be paid to the taxing bodies pursuant to the protected school debt service levy, school physical plant and equipment levy, county debt service levy, city debt service levy, community college debt service levy, and school instructional support levy; and, WHEREAS, the City believes that the Project pursuant to this Agreement aligns with the goals of the City's Comprehensive Plan, including the Downtown and Riverfront Crossings sub district plan which includes the Development property, as the Project provides for preservation of a historic building for commercial use, represents strategic infill development on an under- utilized surface parking lot, is pedestrian oriented by adding to the number of residences in the downtown within walking distance of grocery stores, services, restaurants and retail,. brings the active part of the building close to the property line with parking hidden behind and provides 6 units of on-site affordable housing as well as a commitment by the Developer to provide additional off site affordable housing and replace the City owned parking necessary for the public safety departments housed at City Hall; and, WHEREAS, the Economic Development Grants to be provided by City to Developer under this Agreement are for the purpose of acquiring, maintaining and rehabilitating the historic Unitarian Church as a commercial enterprise and the development of housing for low and moderate income families. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may from time to time be modified, amended or supplemented. Thursday, April 13, 2017 page 4 Augusta Place, LLC TIF ACCOUNT means a separate account within the City -University Project 1 Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements on the Development Property described in Exhibit C. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit F and hereby made a part of this Agreement, provided to the Developer pursuant to Section 6.6 of this Agreement. Church Property means the property owned by Developer and described on Exhibit C-2 attached hereto. City means the City of Iowa City, Iowa, or any successor to its functions. City Property means the property to be sold by City to Developer pursuant to Article IV hereof and described on Exhibit C-1 attached hereto. City Parking Condominium Unit means the condominium unit to be conveyed to the City by Developer pursuant to Section 9.1 hereof, the components of which are described on Exhibit D attached hereto. Code means the Code of Iowa, 2017, as amended. Construction Plans means the plans, specifications, drawings, progress reports and related documents reflecting the construction work to be performed by the Developer with respect to the Minimum Improvements on the Development Property and the other properties upon which the Public Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. Countv means the County of Johnson, Iowa. Developer means Augusta Place, LLC. Development Property means that portion of the City University Project 1 Urban Renewal Area of the City described in Exhibit C hereto, consisting of the "City Property" and "Church Property" described in Exhibits C-1 and C-2 hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article XIII of this Agreement. Event of Default means any of the events described in Section 15.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial Thursday, April 13, 2017 Page 5 institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of a development, together with all related site improvements, detailed in Exhibits D and E hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Off-site Affordable Housing Units the twelve (12) two-bedroom apartments owned by (an affiliate of Developer) located at 104 Westside Drive, Iowa City and legally - described on Exhibit N hereto that will remain affordable in accordance with Section 2.1 of this Agreement. On-site Affordable Housing Units means the six (6) one -bedroom residential condominium units approximately 550 square feet in size as shown on the Concept Plan attached hereto as Exhibit E that will be conveyed by Developer to City pursuant to Section 9.1 hereof for use as housing for low and moderate income families in accordance with Iowa Code Chapter 403. Ordinance means Ordinance Nos. 12-4509 and of the City, under which the taxes levied on the taxable property in the City -University project 1 Urban Renewal Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Proieot shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. City -University Project 1 Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the City - University Project 1 Urban Renewal Plan, as amended. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the City -University Project 1 Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Thursday, April 13, 2017 Page 6 Termination Date means the date of termination of this Agreement, as established in Section 17.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the City -University Project 1 Urban Renewal Plan, as amended, approved in respect of the City -University project I Urban Renewal Area, described in the preambles hereof. ARTICLE II DEVELOPMENT, USE AND OCCUPANCY REQUIREMENTS Section 2.1. Construction and Uses. (a) Minimum Improvements. The Developer shall construct the Minimum Improvements on the Development Property, which will consist of a mixed-use structure described more fully on Exhibit D and conceptually shown in Exhibit E, attached hereto and incorporated herein by reference ("Minimum Improvements"). The Developer hereby commits to a project that includes an approximate total of $35,163,653 in development costs. (b) Affordable Housing. The Developer shall provide 18 affordable housing units. To satisfy this obligation, in part, Developer agrees to sell 6 one -bedroom residential units in the Project to the City pursuant to Section 9.1 hereof, for use as determined by City for low and moderate income housing as defined in Iowa Code Chapter 403 ("On-site Affordable Housing Units") In further satisfaction of this obligation, Developer agrees to rent 12 two-bedroom residential units located at 104 Westside Drive, in Iowa City, IA as affordable rental housing subject to the limitations set forth here. Rental applications for these units shall include the applicant's household income and household size and Developer shall verify that the units are occupied by households with incomes at or less than 60% of median family income as calculated under the HUD Part 5 Annual Income definition for that household (24 CFR 5.609). (Currently, 60% of the HUD -established Area Median Income is $36,300 for a one person household, $41,52 for a 2 -person household, $46,680 for a 3 -person household and $51,840 for a 4 -person household.) Maximum rent shall be calculated based on 40% of area median income, as annually defined by the U.S. Department of Housing and Urban Development. All utilities shall be paid by the Developer. The method to calculate maximum rent for these 12 units is as follows: Thursday, April 13, 2017 Page 7 2 -Bedroom Unit a. Median Income of a two person household $69,200 b. 40% Median Income two person household) $27,680 c. 30% of income available for housing expenses (b *.30 $8,304 d. Monthly housing cost (c/12) — MAXIMUM MONTHLY RENT $692 In order to expand affordable housing opportunities in Iowa City, the Developer shall not accept Housing Choice Vouchers for these reduced rent units. The rent will be adjusted up annually if HUD adjusts the income limits higher than the income limit identified in this Agreement. If the HUD income limits are adjusted by HUD during the rental term (typically one year), the rent need not be changed for the duration of the current lease. If at any time HUD adjusts the income limits lower than the income limit identified in this Agreement, the Developer is not required to decrease the rent below the rents identified in this Agreement. The Developer shall submit an annual tenant housing report which, at a minimum, includes statistics relating to the households being assisted by unit, household size, income, lease dates and rents. The report is due on October 15 annually for the preceding 12 month period (October I through September 30). Income documentation must be maintained by the Developer for the most recent three years, and presented upon request by the City. Tenant income shall be reviewed by the Developer before lease renewal (typically annually). After the initial income determinations, subsequent determinations may be made based on most recent tax forms, income stubs, etc. If the tenant's income exceeds 80% of median income, the tenant must pay 30% of their income for rent and utilities and the maximum rent determined by the formula above will no longer be applicable. For example, upon lease renewal, a three person household's income is now $60,000 (over 80% median income). Their rent would be $1,500 (($60,000*.30)/12). Said Off-site Affordable Housing Units shall be affordable in accordance with the terms hereof for a period of twenty (20) years from the date an occupancy permit is issued for the Project and it is intended and agreed that the requirements of this section with respect to the Off- site Affordable Housing Units (the "Covenants") shall run with the land. The Developer agrees for itself, its successors and assigns that each deed or other conveyance of the Off-site Affordable Housing Units shall contain the Covenants. It is intended and agreed that the City and its successors shall be deemed beneficiaries of the Covenants , both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such Covenants have been provided. Such Covenants shall (and each deed shall so state) run in favor of the City for the applicable 20 year period, during which time such Covenants shall be in force and effect. The City shall have the right in the event of any breach of any Covenant during the applicable 20 year period to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of Covenant, to which it or any other beneficiaries of such Covenant may be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include Thursday, April 13, 2017 Page 8 court costs and attorney's fees on appeal, if any. Further, the City shall hold all right and authority to agree to or provide any amendment, modification, waiver, termination or release of the Covenants on behalf of itself and other parties, public or private, which are beneficiaries thereof (other than Developer, its successors and assigns). Said Covenants shall survive the termination of this Agreement. (c) Staging Plan. Developer acknowledges that the construction site is directly to the North of City Hall which houses the City's critical public safety operations. Prior to the start of construction the City's Director of Public Works must approve the Developer's staging plan and said plan must be designed to minimize the impact of the construction on critical city operations. (d) Use of Right -of -Way: Construction Easements. In the event the Developer requires use or closing of public right-of-way for construction of the Minimum Improvements any such closing is subject to the approval of the Director of Public Works and the execution of a Temporary Use of Right of Way Agreement by the City's Director of Public Works and Developer. Developer anticipates that he will need a Crane Swing easement from the City. The agreement for a Crane Swing Easement shall take a form substantially similar to the Crane Swing Easement attached hereto as Exhibit G. In addition, in order to complete the fire entrance, vestibule, and loading dock improvements included within the City Parking Condominium Unit the Developer will require a temporary Construction Easement from the City. The agreement for said easement rights shall take a form substantially similar to the Temporary Construction Easement Agreement, attached hereto as Exhibit H. ARTICLE III REPRESENTATIONS AND WARRANTIES Section 3.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 3.2 Covenants, Obligations, Representations and Warranties of Developer. The Developer makes the following representations, commitments and warranties: (a) The Developer is a limited liability company, duly organized under the laws of the State of Iowa, has power to enter into this Agreement and to perform its obligations hereunder, and is not in violation of any provisions of its articles of organization, operating agreement, any other agreement or the laws of the State of Iowa. Thursday, April 13, 2017 Page 9 (b) The Developer has the full power and authority to execute this Agreement and this Agreement shall constitute the legal, valid and binding obligation of the Developer in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by the Developer or the consummation of the transaction contemplated hereby. (c) The making and performance of this Agreement by the Developer and the execution and delivery of the documents to be delivered by the Developer pursuant hereto, have been duly authorized by all necessary action of the Developer, and this Agreement and such documents will be valid and binding obligations of the Developer enforceable in accordance with their terms. (d) The Developer will cause the Minimum Improvements and the Off-site Affordable Housing Units to be constructed, operated and maintained in accordance with the terms of this Agreement, the Urban Renewal Plan, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for minor variances necessary to construct the Minimum Improvements contained in any Construction Plans approved by the City. (e) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The Developer's Architect will work with the City's Design Review Committee on the final designs of the project. The Design Review Committee will ultimately approve or disapprove the exterior design of the building. This agreement is contingent on the Developer and the City's staff Design Review Committee reaching agreement on the exterior design of the building. If the final exterior design substantially deviates from the concept plan shown in Exhibit E, as determined by the City Manager or designee, it shall be subject to approval by Council. (f) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. (g) The Developer will spend enough in construction of the Minimum Improvements, when combined with the value of the Property and related site improvements, to equal or exceed the Assessor's Minimum Actual Value set forth in Section' 8.1 of this Agreement. The Developer estimates that the Assessor's Minimum Actual Value set forth in Section 8.1 of this Agreement is a reasonable estimate of the actual value for ad valorem tax purposes. (h) The Developer has not received any notice from any local, state or federal official that the activities of the Developer with respect to the Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has been Thursday, April 13, 2017 Page 10 notified). The Developer is not aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, State or federal law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute. (i) The Developer shall proceed with due diligence to obtain construction financing commitments, which commitments shall be sufficient to enable the Developer to successfully complete the Minimum Improvements as contemplated in this Agreement. This agreement is contingent upon Developer obtaining financing upon terms and conditions satisfactory to Developer and City, and shall be a condition precedent to the City's conveyance of the Property to Developer in accordance with Section 4.6 herein. 0) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal, public safety or any other problems which may arise in connection with the construction and operation of the Minimum Improvements. (k) In operating the Minimum Improvements upon completion of construction and in performance of the Off-site Affordable Housing Unit obligations and covenants set forth herein, the Developer shall do the following: (i) Maintenance of Properties. The Developer will maintain, preserve and keep the Minimum Improvements and the Off-site Affordable Housing Units in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. (ii) Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with the modified income tax basis of accounting consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. (iii) Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. (iv) Non -Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status, gender identity, presence or absence of dependents or public assistance source of income. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status, gender identity, presence or absence of dependents or public assistance source of income. Thursday, April 13, 2017 Page 11 ARTICLE IV CONVEYANCE OF CITY PROPERTY Section 4.1 Purchase Price. Subject to the terms, covenants, and conditions of this Development Agreement, the City will sell the City Property legally described in Exhibit C-1 to Developer, and the Developer will purchase the City Property from the City and pay therefor the amount of $3,330,000. The purchase price will be paid in the form of $2,679,169 in cash from the Developer and a forgivable loan by City to Developer in the amount of $650,831 pursuant to Section 4.7 hereof. Section 4.2 Form of Deed. The City shall convey to the Developer title to the Property by Warranty Deed ("Deed"). Such conveyance and title shall be, in addition to all conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, subject to all conditions, covenants and restrictions set forth in the Urban Renewal Plan. Section 4.3 Recordation of Deed. The Developer shall properly file the Deed for recordation among the land records in the office of the Johnson County, Iowa Recorder. The Developer shall pay all costs for so recording the Deed, Memorandum of this Agreement, and any necessary easement agreements provided for in this Agreement. Section 4.4 Abstract of Title. The City, at its expense, shall provide an Abstract of Title on the subject property continued through the date of this Agreement, for examination by the Developer. The City shall deliver said Abstract to Developer within 30 calendar days of the date of this Agreement, after which the Developer shall have 30 calendar days to examine same and issue a preliminary title opinion. The Abstract shall become the property of the Developer at the time of delivery of the Deed for the parcel, and such Abstract shall show good and merchantable title in the City in conformity with this Agreement, Iowa law and the title standards of the Iowa State Bar Association, and shall show title free and clear of all taxes, encumbrances, easements, covenants, reservations and restrictions, except as otherwise agreed to herein, which shall be subject to approval of Developer after examination of the abstract of title and review of the specific terms of any easements and restrictions, including, but not limited to, zoning ordinances, existing easements, restrictions or reservations, including, but not limited to, those established by the Urban Renewal Plan. Section 4.5. Time and Place for Closing and Delivery of Deed. If the conditions precedent to closing set forth in Section 4.6 hereof have been satisfied, the City shall deliver the Deed and possession of the City Property to the Developer on or before September 1, 2017, or on such other date as the parties hereto may mutually agree in writing (the Thursday, April 13, 2017 Page 12 "Closing Date"); provided, however, that in the event the conditions precedent to closing have not been satisfied, either the City or Developer may terminate this Agreement or waive or extend the time for satisfaction of such conditions precedent. Delivery of the Deed shall be made at the principal office of the City on the Closing Date and the Developer shall accept such delivery and pay to the City at such time and place. the Purchase Price in immediately available funds. Section 4.6 Conditions Precedent to Conveyance of Property The City's obligation to convey title and possession of the Property to the Developer on the Closing Date, and Developer's obligation to accept title and possession of the Property on the Closing Date shall be subject to satisfaction of the following conditions precedent: (a) The Developer and the City shall be in material compliance with all of the terms and provisions of this Agreement; (b) The Developer shall have submitted to the City, and the City shall have approved, those Construction Plans due within —calendar days from the date of this Agreement pursuant to Article. VI of this Agreement (site preparation and foundation plans). The Developer shall have submitted to the City a certification that the plans are in compliance with the Urban Renewal Plan and this Agreement. (c) The Developer shall have furnished the City with evidence in a form satisfactory to the City (such as a letter of commitment from a bank or other lending institution), that the Developer has firm commitments for construction and permanent financing acceptable to Developer for the Project in an amount sufficient, together with equity commitments, to complete the Project in conformance with the Construction Plans, or the City shall have received such other evidence of the Developer's financial ability as in the reasonable judgment of the City is required; (d) The Developer shall have furnished the City with evidence in a form satisfactory to the City of the acquisition of performance and payment bonds for the Project naming the City as an additional obligee; (e) Execution of the Minimum Assessment Agreements, pursuant to Article VIII of this Agreement; (f) Execution of Temporary Construction Easement Agreement pursuant to Section 2.1 of this Agreement; (g) Execution of a Crane Swing Easement agreement pursuant to Section 2.1 of this Agreement; (h) Execution of a Temporary Use of Right -of -Way Agreement pursuant to Section 2.1 of this Agreement; (i) Receipt of an Opinion of Counsel to Developer as to the subject of and in the form of Exhibit I, attached hereto; Thursday, April 13, 2017 Page 13 (j) Agreement of the Developer and the City's staff Design Review Committee on the exterior design of the building pursuant to 3.2(e) of this Agreement. If such agreement is not reached, Developer has the right, at its option, to terminate this Agreement; and, (k) Rezoning of the Church Property as an historic landmark by the Iowa City City Council. (1) City approval of preliminary plans and specifications for the City Parking Condominium Unit. Section 4.7 Forgivable Loan. On the date of closing, City shall make a loan to Developer in the principal amount of $650,831.00 which loan shall be forgiven upon issuance of a Certificate of Completion for the Minimum Improvements pursuant to Section 6.6 hereof. In the event a Certificate of Completion is not issued in accordance with Section 6.6, the entire principal amount will become immediately due and payable and interest shall accrue at the annual rate of 3.84%. Developer shall execute a Promissory Note in the form attached hereto as Exhibit J and provide the same to City at closing. Section 4.8 Escrow. It is contemplated by this agreement that the City will acquire certain condominium units after the Minimum Improvements are constructed, as detailed in Article IX. At closing, the City shall place $602,843.00 of said purchase price in escrow to be held until the City Acquisition Closing Date, as defined in Section 9.5. On the City Acquisition Closing Date, the City will release these funds, along with any accumulated interest thereon to Developer. The City will, in its sole judgment, secure the best possible interest rate on the escrowed funds. The parties understand that the interest will be minimal in light of the investment options available to the City and the limited time that the funds will be held in escrow. In the event that that the conditions precedent set forth in Section 9.6 are not met, the City will not return any funds or interest to Developer, but rather may use these funds for whatever purpose it deems appropriate. ARTICLE V TIME FOR COMMENCEMENT AND COMPLETION OF MINIMUM IMPROVEMENTS. Section 5.1. The construction of the Project and Minimum Improvements shall commence not later than September 1, 2017, and shall be substantially completed on or before June 1, 2019. Thursday, April 13, 2017 Page 14 ARTICLE VI CONSTRUCTION PLANS: CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION Section 6.1 Plans for Construction of Improvements. Plans and specifications with respect to redevelopment of the Property and the construction of certain improvements thereon, to consist of the Minimum Improvements shown on Exhibit D and as outlined in Section 2.1 hereof, shall be in conformity with the Urban Renewal Plan and this Agreement, and all applicable federal, State and local laws and regulations. As promptly as possible after the date of this Agreement, and, in any event, no later than the time specified therefore in Section 6.2 hereof, the Developer shall submit to the City for design review and approval plans, drawings, specifications, and related documents, and the proposed construction schedule in sufficient completeness and detail to show that such Minimum Improvements and construction thereof will be in accordance with the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes. If the Construction Plans conform to the provisions of the Urban Renewal Plan, this Agreement, and all applicable codes, the City shall approve in writing such Construction Plans and no further filing by the Developer or approval by the City thereof shall be required except with respect to any substantial change. The City will then, upon appropriate showing of compliance with the requirements of the previous sentence, issue the appropriate building permit(s). Failure by the City to identify a code deficiency during plan review does not, however, relieve the Developer from any obligation to comply with all applicable code provisions. Such Construction Plans shall, in any event, be deemed approved unless rejection thereof in writing by the City, in whole or in part, setting forth in detail the reasons therefore, shall be made within the time specified in Section 6.2 hereof. If the City so rejects the Construction Plans in whole or in part as not being in conformity with the Urban Renewal Plan, this Agreement, or all applicable codes, the Developer shall submit new or corrected Construction Plans which are in conformity with the Urban Renewal Plan, this Agreement, and all applicable codes within the time specified in Section 6.2 hereof, after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection, and resubmission of corrected Construction Plans herein above provided with respect to the Construction Plans shall continue to apply until the Construction Plans have been approved by the City: Provided, that in any event the Developer shall submit Construction Plans which are in conformity with the requirements of the Urban Renewal Plan for the Project, this Agreement and all applicable codes, as determined by the City, no later than the time specified therefore in Section 6.2 hereof. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans as approved by the City. Approval of the Construction Plans by the City shall not relieve any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any Thursday, April 13, 2017 Page 15 other City purpose nor subject the City to any liability for the Minimum Improvements as constructed. Section 6.2. Time for Submission and Approval (a) Progress Reports and Time for Submission of Construction Plans Developer 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. Developer agrees to provide to the City schematic design development drawings showing preliminary floor plans, elevations and related information, no later than _ calendar days after the date of this Agreement. No formal response will be required from the City to these design development drawings. The City, however, will alert Developer to any known code violations or other design issues that would impact the acceptance of the Construction Plans. The time within which the Developer shall submit its initial Construction Plans to the City in any event, shall be not later than _ calendar days from the date of this Agreement for the site preparation and foundation plans; _ calendar days from the date of this Agreement for the structural and shell construction plans; and _ calendar days from the 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 Developer under this Agreement. (b) Time for Submission of Corrected Construction Plans Except as provided in Paragraph (c) of this Section, the time within which the Developer shall submit any new or corrected Construction Plans as provided for in Section 6.2(a) hereof shall be not later than thirty (30) calendar days after the date the Developer receives written notice from the City of the City's rejection and recommendations for corrections to the Construction Plans referred to in the latest such notice. (c) Maximum Time for Approved Construction Plans In any event, the time within which the Developer shall submit Construction Plans which conform to the requirements of this Section and are approved by the City shall be not later than sixty (60) calendar days after the date the Developer receives written notice from the City of the City's first rejection and recommendations for corrections to the original Construction Plans submitted to it by the Developer. (d) Time for City Action on Change in Construction Plans The time within which the City may reject any change in the Construction Plans, as provided in Section 6.3 hereof, Section 6.3. Changes in Construction Plans. If the Developer desires to make any substantial change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. Pursuant to Section 3.2, if the final exterior design substantially deviates from the concept plan shown in Exhibit E, as determined by the City Manager or designee, it shall be subject to approval by Council. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section with respect to such previously approved Construction Plans, the City shall approve the proposed Thursday, April 13, 2017 Page 16 change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City unless rejection thereof, in whole or in part, by written notice thereof by the City to the Developer, setting forth in detail the reasons therefore, shall be made within the period specified therefore in Section 6.2(d) hereof. Section 6.4. Commencement and Completion of Construction of Minimum Improvements. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and each deed or other conveyance shall contain covenants on the part of the Developer for itself and such successors and -assigns, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event begin within the period specified in Article V hereof and be completed within the period specified in such Article V. It is intended and agreed, and each deed or other conveyance of the Property or any portion thereof shall so expressly provide, that the construction of the Minimum Improvements shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. Section 6.5. Notice of Delays. Until construction of the Minimum Improvements has been completed, the Developer shall give prompt notice in writing to the City of any adverse development which would materially affect or delay the completion of such construction. Upon such notification and subject to a written agreement with the City Manager, the completion date will be extended accordingly. Section 6.6. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Developer with an appropriate instrument so certifying. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof, or of any obligation under this Agreement other than the obligations to construct the Minimum Improvements. (b) The certification provided for in this Section 6.6 shall be in the form attached hereto as Exhibit F. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) calendar days after written request by the Developer, provide the Developer with a written statement indicating in adequate detail in Thursday, April 13, 2017 Page 17 what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. ARTICLE VII. RIGHTS OF ACCESS TO PROPERTY Section 7.1 Access to Property. The Developer shall permit the representatives of the City access to the Property at all reasonable times which it deems necessary for the purposes of this Agreement including, but not limited to, inspection of all work being performed in connection with the construction of the Minimum Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE VIII MINIMUM ASSESSMENT Section 8.1 Minimum Assessment Agreements. Developer agrees to enter into a Minimum Assessment Agreement in a form in substantial compliance with Exhibit K attached hereto, in order to establish a Minimum Actual Value for the land and Minimum Improvements for this Project. The Developer acknowledges and agrees that it, or the owners of condominium units sold, will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property and Minimum Improvements thereon and further agrees with respect to all the Property, that: (a) it will not seek administrative or judicial review of the applicability of any tax statute determined by any official to be applicable to the Property or the Developer, or the owners of condominium units sold, or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; that (b) it will not seek administrative or judicial review of the constitutionality of any tax statute determined by any official to be applicable to the Property or the Developer or the owners of condominium units sold, or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (c) it will not cause a reduction in the taxable valuation upon which real property taxes are paid with respect to the Project, which consists of a multi -use structure generally consistent with the Minimum Improvements and Uses shown on Exhibit D, below the amount of $14,384,905 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the Property as of January 1, 2020 ("Minimum Actual Value") through: (i) willful destruction of the Property, or any part thereof; Thursday, April 13, 2017 Page 18 (ii) a request to the City Assessor of Iowa City, Iowa to reduce the Minimum Actual Value of the Property; (iii) an appeal to the Board of Review of the City of Iowa City or to the Board of Review of Johnson County to reduce the Minimum Actual Value of the Property; (iv) a petition to the Board of Review of the State of Iowa or to the Director of Revenue and Finance of the State of Iowa to reduce the Minimum Actual Value of the Property below the amount noted above; (v) an action in any District Court of the State of Iowa seeking a reduction in the Minimum Actual Value of the Property below the amount noted above; (vi) an application to the Director of Revenue and Finance of the State of Iowa requesting an abatement of real property taxes pursuant to any present or future statute or ordinance; or (vii) any other proceedings, whether administrative, legal or equitable, with any administrative body within the City of Iowa City, Johnson County, or the State of Iowa or within any court of the State of Iowa or the federal government. (d) With the exception of the City Parking Condominium Unit and the residential units to be owned by the City, it shall not, prior to December 31, 2023, cause or voluntarily permit the Property to become other than taxable property; to be taxable at an amount less than the Minimum Actual Value noted above; to be owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Project Area in its entirety; to be owned by any entity having tax exempt status; or apply for a deferral of property tax on the Property pursuant to any present or future statute or ordinance. (e) it is bound by the applicable Minimum Assessment Agreement attached as Exhibit K, fixing the Minimum Actual Value of the Property as approved by the Assessor and the City as set forth herein and said Minimum Assessment Agreement shall inure to the benefit of and be binding upon the Developer's successors in interest. The Developer shall provide to the City a title opinion showing all lienholders, and all such lienholders shall consent to the Minimum Assessment Agreement. The Developer contemplates that the Project will consist of condominium units and agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa, an attachment to the declaration will be executed by the Developer, the City and the City Assessor allocating a portion of the Minimum Actual Value to each unit. On December 31, 2023, the Minimum Actual Values herein established and the restrictions of this Section 8 shall be of no further force and effect and shall no longer encumber the Property, and the Minimum Assessment Agreement shall terminate. Thursday, April 13, 2017 Page 19 The Minimum Assessment Agreement shall be certified by the Assessor for the City as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the Johnson County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Property (or part thereof), whether voluntary or involuntary, and such Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage. ARTICLE IX CONVEYANCE OF CITY PARKING CONDOMINIUM UNIT AND ON-SITE AFFORDABLE HOUSING UNITS Section 9.1 Consideration. Subject to the terms, covenants, and conditions of this Development Agreement, the Developer will convey the following real estate to the City: (a) City Parking Condominium Unit. The City shall acquire the City Parking Condominium Unit, as defined in Section 1.1 hereof, for $602,843. On the City Acquisition Closing Date, as set forth below, the City will release to Developer the $602,843 escrowed plus interest pursuant to Section 4.8 of this Agreement, in payment of said purchase price. (b) On-site Affordable Housing Units. The City shall acquire the On-site Affordable Housing Units, as defined in Section 1.1 hereof, for $180,000 each of the six on -bedroom units, for a total purchase price of $1,080,000. Section 9.2 Form of Deed. The Developer shall convey to the City title to the City Parking Condominium Unit and On-site Affordable Housing Units by Warranty Deed ("Deed"). Section 9.3 Recordation of Deed. The City shall, at its cost, properly file the Deed for recordation among the land records in the office of the Johnson County, Iowa Recorder. Section 9.4 Abstract of Title. The Developer, at its expense, shall provide an Abstract of Title on the subject property continued through the date of the recording of the Declaration of Horizontal Property Regime for examination'by the City. The Developer shall deliver said Abstract to City at least 60 calendar days prior to the date of Closing, after which the City shall have 30 calendar days to examine same and issue a preliminary title opinion. The Abstract shall become the property of the City at the time of delivery of the Deed for the parcel, and such Abstract shall show good and merchantable title in the City in conformity with this Agreement, Iowa law and the title standards of the Iowa State Bar Association, and shall show title free and clear of all taxes, encumbrances, Thursday, April 13, 2017 Page 20 easements, covenants, reservations and restrictions, except as otherwise agreed to herein, which shall be subject to approval of City after examination of the abstract of title and review of the specific terms of any easements and restrictions, including, but not limited to, zoning ordinances, existing easements, restrictions or reservations. Section 9.5 Time and Place for Closing and Delivery of Deed. If the conditions precedent to closing set forth in Section 9.6 have been satisfied, the Developer shall deliver the Deed and possession of the City Parking Condominium Unit and the On-site Affordable Housing Units to the City on or before 30 days after the issuance of the date of the Certificate of Completion, 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 such that closing does not occur by the Closing Date the City will retain the escrowed funds in accordance with Section 4.8 of this Agreement and the Developer will be in default of the terms of this Agreement pursuant to Section 15.1(a) of this Agreement. Delivery of the Deed shall be made at the principal office of the City on the Closing Date and the City shall accept such delivery and provide Developer with the consideration described in Section 9.1 above. Section 9.6 Conditions Precedent to Conveyance of Property The City's obligation to accept title and possession of the City Parking Condominium Unit and the On-site Affordable Housing Units on the City Acquisition Closing Date shall be subject to satisfaction of the following conditions precedent: (a) The Developer shall be in material compliance with all of the terms and provisions of this Agreement. (b) City inspection of the completed Parking Condominium Unit and On-site Affordable Housing Units and determination that said units are built in compliance with the final plans and specifications as approved by City. (d) Developer's assignment of warranties and bonds for architectural and construction services to City. (e) Certificates of occupancy. (f) City approval of the Declaration of Submission of Property to Horizontal Property Regime pursuant to Iowa Code Section 499B. ARTICLE X. INSURANCE Section 10.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost Thursday, April 13, 2017 Page 21 and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (b) All insurance required by this Article X to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State of Iowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article X, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article X, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion Thursday, April 13, 2017 Page 22 thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE XI ANNUAL CERTIFICATION Section 11.1. Annual Certification. To assist the,City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; (b) proof of satisfaction of the insurance requirements in Article X; (c) submission of the annual tenant housing report for the Off-site Affordable Housing Units pursuant to Section 2.1(b) of this Agreement; and, (d) certification that such officer has re- examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate, in the form attached hereto as Exhibit M, shall be provided not later than November 1 of each year, commencing November 1, 2019, and ending on November 1, 2027, both dates inclusive. Upon certification by the Developer on or before November 1, 2019, the City will calculate an increment in accordance with the Ordinance, which establishes a base value as of January 1, 2017. ARTICLE XII. ASSIGNMENT AND TRANSFER Section 12.1. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will maintain existence as an adequately -capitalized limited liability company and will not wind up or otherwise dispose of all or substantially all of the Development Property and Minimum Improvements, or assign its interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof, in which case the Developer may be released of its obligations hereunder. Notwithstanding the foregoing, however, or any other provisions of this Agreement, Thursday, April 13, 2017 Page 23 (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by, under common control with or controls Developer or to any entity that acquires all or substantially all of the assets of the Developer or to any successor to Developer by consolidation, merger, or otherwise, and (b) the Developer may (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer of its obligations hereunder, and the City agrees in writing that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third -party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. ARTICLE XIII ECONOMIC DEVELOPMENT GRANTS Section 13.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan and the Urban Renewal Act, the City agrees to make up to nine (9) annual Economic Development Grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article XIII. The annual grants shall commence on June 1, 2021 and end on June 1, 2029, or when the total of all grants is equal to $4,020,292, whichever is earlier. All annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments (unless the total grant amount of $4,020,292 is reached first) collected by the City with respect to the Minimum Improvements on the Development Property pursuant to Section 403.19 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19 and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 11.1 hereof and the City Manager's approval thereof, which will not be unreasonably withheld. Beginning with the November 1, 2019 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 11.1 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June I of the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2019, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2021). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 11.1 is not delivered to the City by November 1 of any year, the Thursday, April 13, 2017 Page 24 Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to the Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be make, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 13. 1, subject to Developer's filing under Section 11.1 and all other provisions of this Article XIII with respect to such grant, it being the intention of the parties to allow up to nine (9) annual Economic Development Grants in an aggregate amount not to exceed $4,020,292, if Developer is in compliance with this Agreement. (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $4,020,292. Each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2019, and on January 1 of each of the following eight (8) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $4,020,292. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $4,020,292. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article XIII and Article XV. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 11.1 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Article XV (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Article XV), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Article XV hereof. Section 13.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the AUGUSTA PLACE, LLC TIF Account of the City. The City hereby covenants and agrees to Thursday, April 13, 2017 Page 25 maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the AUGUSTA PLACE, LLC TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 13.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 13.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 13.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. Upon receipt of such an opinion or decision, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion or decision continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 13.1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with 'respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the AUGUSTA PLACE, LLC TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 13.3. Use of Other Tax Increments. Subject to this Article XIII, the City shall be free to use any and all Tax 'hicremerits collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 13.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE XIV INDEMNIFICATION Section 14.1. Release and Indemnification Covenants. (a) Except for any defect resulting from an action of the City or a third party after the conveyance of the City Parking Condominium Unit and On -Site Affordable Housing Units to the City pursuant to Article IX hereof, the Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article Dom, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties Thursday, April 13, 2017 Page 26 against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer, or its successors or assigns, agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements (except ownership and operation of the City Parking Condominium Unit and On -Site Affordable Housing Units after conveyance of same to the City) or (iii) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations -of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article XIV shall survive the termination of this Agreement. (f) Nothing herein shall waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. ARTICLE XV. DEFAULT AND REMEDIES Section 15.1. Events of Default Defined. The following shall be 'Events of Default" under this Agreement and the term 'Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed, and the City Parking Condominium Unit and On-site Affordable Housing Units to be conveyed to City pursuant to the terms, conditions and limitations of Article II, V, VI and Dt of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article XII of this Agreement; Thursday, April 13, 2017 Page 27 (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) If the holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such 'appointmerit, or if the Developer shall consent to or acquiesce in such appointment; or (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 15.2. Remedies on Default. Whenever any Event of Default referred to in Section 15.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (d) or (e) of said Section 15.1 in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: Thursday, April 13, 2017 Page 28 (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re -pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article XIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 15.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 15.4. No hnpli4 Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the:particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 15.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs under this Article XV and the party not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefor, pay to party not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XVL OPTION TO TERMINATE AGREEMENT Section 16.1. Option to Terminate. Any time prior to the Closing Date established in Section 4.5, this Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Article XV hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within thirty (30) days Thursday, April 13, 2017 Page 29 of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within thirty (30) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 16.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XVI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article XIV hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorney's fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). ARTICLE XVII. MISCELLANEOUS Section 17.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 17.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, to Jesse Allen, Augusta Place, LLC, Iowa City, Iowa 5224_. (b) In the case of the City, to City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 17.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Thursday, April 13, 2017 Page 30 Section 17.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 17.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 17.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. On behalf of the City, the City Manager is hereby authorized to amend, in writing, the timelines set forth in Articles IV, V and VI as may be reasonably necessary in accordance with Section 6.5 herein. Section 17.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17.8. Termination Date. With the exception of the Covenants regarding the Off- site Affordable Housing Units in place for 20 years pursuant to Article II of this Agreement, this Agreement shall terminate and be of no further force or effect on and after June 1, 2029, or upon final payment of the Economic Development Grants, whichever is sooner. Section 17.9 Administration of Agreement by City. The City Manager or designee shall administer the rights and obligations of the City hereunder. Section 17.10 Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement, in substantially the form attached hereto as Exhibit O, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Developer shall pay all costs of recording. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf by AUGUSTA PLACE, L.L.C. (SEAL) ATTEST By: City Clerk AUGUSTA PLACE, LLC By: CITY OF IOWA CITY, IOWA By: Mayor Approved by: City Attorney Thursday, April 13, 2017 Page 31 CITY OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON On this day of 20_, before me a Notary Public in and for said County, personally, appeared James A. Throgmorton and , to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF ) SS: COUNTY OF ) This instrument was acknowledged before me on this day of 2017, by . as manager of AUGUSTA PLACE, LLC. Notary Public in and for the State of Iowa Thursday, April 13, 2017 Page 32 EXHIBIT D MINIMUM IMPROVEMENTS AND USES Developer shall complete the following minimum improvements and uses on the Development Property in accordance with the Development Agreement to which this Exhibit D is attached and as detailed in Exhibit E — Concept Plan dated April 10, 2017 attached hereto and incorporated herein. The project will consist of a building with a height of 7 stories on the interior and 4 stories on the perimeter with the following components: 1. Parking structure. A two level parking structure will provide covered parking for the City's use on the ground level (approximately 60 spaces) and one level of parking above for residential parking (approximately 57 spaces). The structured parking will be cast in- place concrete and have adequate exterior openings, eliminating the requirement to mechanically ventilate this space. All parking areas will be well lit with LED fixtures. Stair and elevator access will be provided at both the east and west side of the parking structure. The City Parking Condominium Unit shall consist of 55 non -compact sized spaces in the parking structure and 5 non -compact sized spaces along the exit drive to Gilbert Street for a total of 60 spaces. The entry and exit to the parking facility will be from the alley on Van Buren Street. The main covered parking area measures approximately 187.5' x 116.25'. An additional access to Gilbert Street will be provided for use by City vehicles only except as otherwise authorized by the City Manager or designee. Changes to the number and location of spaces must be approved by the City Manager or designee. Specifications of improvements, including but not limited to LED lighting, shall be consistent with other City parking facilities and must be approved by the City Manager or designee 2. Townhomes. A total of 26 Townhome-style residential units will provide a visual screen to the parking structure. Townhomes will be two stories each, stacked upon each other for a four story building height lining the parking structure. Each townhome will have its own front door access from the street, and back door access from the parking structure. 3. Apartments. A total of 100 apartments will be built on levels 3 through 7 above the parking structure. There will be 6 one bedroom, 67 two bedroom and 18 three bedroom units. The 6 one bedroom units to be purchased by the City (On-site Affordable Housing Units) shall be approximately 550 square feet. Changes to the unit mix may be approved by the City Manager or designee. 4. Sound Mitigation: Recognizing the proximity to the Iowa City Police and Fire Departments, a sound mitigation strategy must be submitted and accepted by the Building Official. Such strategy should aim to minimize the impact of emergency sirens, including testing of those sirens in the parking facility, to tenants in the apartments and townhomes. 5. Terrace. An outdoor terrace, of approximately 187' by 62' will be constructed above the parking garage on the same level as the lowest floor of apartments and the third level of townhomes. The outdoor terrace will be accessible to all residents of the building and include a well-maintained mix of plant material, and patio amenities such as seating. 6. Preservation of Church. The former Unitarian Universalist Church will be designated as a historic landmark under the City Code. Repair and upgrades to the church shall include: 1) repair of damage done when the connection between the church and the education building was removed; repair shall be of similar building materials and blend seamlessly with the historic building; 2) replacement of the heating, ventilation and air- conditioning systems for entire building; and, 3) making the building accessible by installing an elevator serving each floor and adding accessible restrooms. The Church will ultimately be adapted for reuse by one or more commercial endeavors. 7. Fire station entry and modifications to City Hall. The north side of the Fire Station will require improvements to the Fire Station entrance and to the 2"' floor outdoor balcony for fire station residents. The balcony will have as much useable space (space available for persons not occupied by equipment) as that existing on the current balcony (288 square feet (12 by 24)), and will serve as a covered walk to the entry door from Gilbert Street. Signage indicating the Fire Station entrance will be placed over the walk and be visible from Gilbert Street. Access to the City generator, and any similar equipment that is located on the balcony, must be approved by the City Manager or designee and the final plan for the Fire Station entrance and balcony must be approved by the City's staff design review committee. 8. Utility connections. The developer will be responsible for relocating any City owned infrastructure in the project area that is impacted by the project. This includes, but is not limited to, water, sanitary and storm sewer, electric, communication and fiber optic lines, and radio antennas. 9. Streetscape enhancements. Sidewalks will be relocated slightly northward along the Iowa Avenue frontage to provide more area for planting and to enhance green space in front of each townhome unit. This realignment will require the replacement of street trees between the sidewalk and the curb and additional tree plantings near the townhome entries. The species, location and number of new street trees on Gilbert, Iowa and VanBuren shall be approved by the City Manager or designee. Such trees shall be a minimum 2.5" caliper. Any use of the City right-of-way for planting or otherwise by the residents of the townhomes requires the approval of the City in accordance with City Code. 10. The Developer is exploring the feasibility of the use of solar energy on site and will incorporate solar into the Project if feasible as determined by the Developer and as approved by the City Manager or designee Cow ptuai Renderings View facing southeast from the intersection of Gilbert Street and Iowa Avenue Allen Development 110 S Gilbert I April 10, 2017 Conceptual Renderings View facing city hall from parking garage — New entrance vestibule to fire station A.ia Allen Development 110 S Gilbert I April 10, 2017 Conceptual Plans Overview Level 7 - — --- ------- -- --- Apartments Level 6 __ -- - -- -- - Apartments Level 5 Apartments Level 4 - -- --- - Townhomes & Apartments Level 3 Level - Townhomes & Apartments Level -- --- - Townhomes & Parkin - -------- -- Level 1 Townhomes & Parking IOWA AVENUE I lw FUTURE COMNERCWL ICITY HALL LEVEL 01 - PARKING & TOWNNOMES 1" = S!Y-0'. Allen Development 110 S Gilbert I April 10, 2017 IOWA AVENUE FUTURE COMMERCIAL � • •�, N •® i — CITY HALL fll LEVEL 02 - PARKING & TOW14HOMES 1" = 50'-0" LEVEL 03 - APARTMENTS & TOWNHOMES Allen Development 110 S Gilbert I April 10, 2017 M Nmr, Nam NOM M M go M 0 LEVEL 03 - APARTMENTS & TOWNHOMES Allen Development 110 S Gilbert I April 10, 2017 LEVEL 04 -APARTMENTS & TOWNHOMES 1"= 50'-0" LEVEL 5 - APARTMENTS I" = 50'-0" Allen Development 110 S Gilbert I April 10, 2017 LEVELS - APARTMENTS 1" = 50'-0" LEVEL7-APARTMENTS 1"=50'0" Allen Development 110 S Gilbert I April 10, 2017 CITY OF IOWA CI COUNCIL ACTION REPO 5e(9) April 18, 2017 Resolution of intent to consider a proposed development agreement with Augusta Place, LLC, which includes the transfer of land described therein, and setting a Public Hearing for May 2, 2017 thereon and providing for publication of notice thereof. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Eleanor Dilkes, City Attorney Simon Andrew, Assistant to the City Manager Fiscal Impact: 1. City financial assistance of $4,671,123, which will be paid with $4,020,292 in TIF rebates and $650,831 in a forgivable loan. 2. Sale of City land for $3,330,000, purchase of Affordable Housing units for $1,080,000 and improved surface parking for $602,843. Recommendations: Staff: Approval Commission: N/A Attachments: 1) Request for Financial Assistance from Developer 2) Memo regarding NDC financial analysis of request 3. Resolution of Intent to Consider a Proposed Development Agreement Executive Summary: Allen Homes is proposing a project, Augusta Place, to be built on land that is currently the parking lot north of City Hall. The $35 million project will accomplish several goals including the preservation and rehabilitation of a historic Church for a commercial venture and the commitment of 6 new city -owned affordable apartment units on site and 12 affordable units at another site. Additionally, it will afford the City a covered surface parking lot with a total of 60 spaces to serve our public safety operations. In total, there will be 126 dwelling units on site. The developer is seeking City financial assistance totaling $4.7 million. Background / Analysis: About a year and a half ago, Jesse Allen approached the City with a proposal for the redevelopment of a portion of the block occupied by City Hall. Allen had recently purchased the historic Unitarian Church at the corner of Iowa Avenue and Gilbert Street. He knew the City had expressed interest in finding a way to save the church from demolition and that he would need some additional land to accommodate parts of a larger project he envisioned. In the fall of 2015, he presented an initial concept to the City Council that would require the City to sell the parking lot north of City Hall. In exchange, he would build 3 new drive-through fire truck bays and a parking deck for purchase by the City, 2 floors of office space for lease, 26 townhomes and 3 stories of apartments above the parking facility. Financial analysis determined T ' CITY OF IOWA CITY COUNCIL ACTION REPORT the purchase price of the fire truck bays and the parking structure alone to exceed $15 million and Allen and City staff were encouraged to consider other ideas. Project Description Over the winter of 2016-2017, several new concepts were vetted and the project presented to you in this packet was determined to be mutually agreeable. It is a $35 million multi -use project with a request for $4,671,123 in City financial assistance. The project includes the following features: The former Unitarian Universalist Church will be designated as a historic landmark. Upgrades to the church will include repair of damage done when the connection between the church and the education building was removed; replacement of the heating, ventilation and air-conditioning systems for the entire building; making the building accessible by installing an elevator serving each floor and adding accessible restrooms. The Church will ultimately be adapted for reuse by one or more commercial endeavors. A two-level parking structure will provide covered parking for the City's use at ground level (60 spaces) and one level of parking above for residential parking (57 spaces). The City will purchase its parking lot as a Parking Condominium Unit consisting of 55 non -compact sized spaces in the structure and 5 non -compact sized spaces along the exit drive to Gilbert Street. The main entry and exit to the parking facility will be from the alley on Van Buren Street. The access to Gilbert Street will be provided for use by City vehicles only. The 57 parking spaces on the second floor of the parking facility are for the residents of the building. A parking code amendment eliminating the parking requirement for properties in the downtown planning district, zoned CB -5 and in part, in a historic district overlay is currently under consideration. 26 Townhome-style residential units will be built around and provide a visual screen to the parking structure. Townhomes will be two stories each stacked upon each other for a four story building height lining the parking structure. Each townhome will have its own front door access from the street, and back door access from the parking structure. 100 apartments will be built on levels 3 through 7 above the parking structure and extend to both Gilbert and Van Buren Streets. There will be 6 one bedroom, 67 two bedroom and 18 three bedroom units. The 6 one bedroom units will be purchased by the City satisfying a portion of the required affordable housing. The on-site Affordable Housing Units shall be approximately 550 square feet and will be managed by the Iowa City Housing Authority. There will be an outdoor terrace above the parking garage on the same level as the lowest floor of apartments and the third level of townhomes. The outdoor terrace will be accessible to all residents of the building and include a well-maintained mix of plant material and patio amenities such as seating. Sidewalks will be relocated slightly northward along the Iowa Avenue frontage to provide more area for planting and to enhance green space in front of each townhome unit. This realignment will require the replacement of street trees between the sidewalk and the curb and additional tree plantings near the townhome entries. New trees shall be a minimum 2.5" caliper and meet the City's tree diversity standards. The north side of the Fire Station will require improvements to the Fire Station entrance and to r CITY OF IOWA CITY �r4 COUNCIL ACTION REPORT the 2nd floor outdoor balcony for fire station residents. The replacement balcony will also serve as a cover over the sidewalk to the entry door from Gilbert Street. Signage indicating the Fire Station entrance will be placed over the walk and be visible from Gilbert Street. The developer will also be responsible for relocating any City owned infrastructure in the project area, including water, sanitary and storm sewer, electric, communication, fiber optic lines, and radio antennas. The Developer is also exploring the feasibility of the use of solar energy on site and will incorporate solar into the Project if feasible as determined by the Developer and as approved by the City Manager or designee Financial Analysis The City contracts with the non-profit National Development Council (NDC) to review and assist in the financial analysis of proposed TIF development projects. Karen Garritson, an NDC Director, led the financial analysis of each iteration of the proposed project and a memo detailing her review follows. In summary, total development costs for the project are $35.1 million of which $5.78 million is land acquisition of the church and city parcels, with construction costs of $24.1 million. The cost breakdown is further detailed in the developer's Request for TIF and in Karen Garritson's memo, attached. City Financial Assistance Ms. Garritson's analysis confirms a project gap of $3.8 million which will require City financial assistance totaling $4,671,123 comprised of TIF rebates and a forgivable loan in the form of a discount on the sale price of the land. Because this portion of the urban renewal area does not allow the use of TIF for market rate housing, a large part of the Augusta Place project is not eligible for TIF. In fact, the only parts of the project that are eligible are the church and the on-site affordable housing. The church costs of $3,014,238 plus the financial gap of $149,184 created by the 6 units of affordable housing total $3,163,473. Since the project gap of $3.8 million is greater than the eligible expenses of $3.1 million, staff has proposed a contribution by the City to the price of the land in the form of a forgivable loan to account for the difference, or $650,831. As shown below, the total City financial assistance of $4,671,123 is comprised of TIF eligible expenses of $3.1 million funded by future TIF rebates, which require the developer to take out a loan for $3.1 million to be repaid with TIF rebates using the estimated $437,000 annual TIF rebates over approximately 8 years and a $650,831 forgivable loan. TIF eligible expenses covered by a loan to be repaid by TIF $3,163,473 + Interest on TIF eligible expenses loan 856,819 Total City financial assistance $4,671,123 Sale of City Property The north parking lot parcel was appraised at $3,330,000 in January, 2016. The appraised value less the $650,831 forgivable loan results in $2,679,169 sales proceeds to the City. Using V 1 CITY OF IOWA CITY -rnot vim � COUNCIL ACTION REPORT the sales proceeds, the City will purchase the Parking Condominium unit for $602,843 and the remaining sale proceeds will placed in the City's Parking fund. City Parking Condominium Unit The Developer will convey to the City a City Parking Condominium unit for $602,843 when construction is complete. Because the number of City parking spaces will be fewer upon completion of the project than before the conveyance of the land, staff is working on a plan to move current permit holders to two nearby parking structures and to relocate parking for the City fleet vehicles parked at the east entrance. Affordable Housing The City will also purchase 6 one bedroom apartment units for $180,000 each or a total of $1,080,000. This satisfies 1/3 of the 15% affordable housing required of TIF financed projects. The developer will also provide 12 additional 2 bedroom apartments located at 104 Westside Drive for the remaining 2/3 of his affordable housing requirement. These units will be rented to applicants whose household income is at 60% or less of area median income (AMI), Rents for the twelve off-site units shall be calculated based on a 40% AMI in order to reduce the rent from that which the Developer is currently charging. Recommendation Staff is recommending the approval of the proposed Development agreement because it is aligned with at least two of City Council's strategic planning priorities: • Encourage a vibrant and walkable core • Maintain a solid financial foundation The Project will generate, when complete, an actual minimum taxable value of $14,384,905 of new tax base upon which taxes will be paid to the local taxing entities. Further, it aligns with the goals of the City's Comprehensive Plan, including the Downtown and Riverfront Crossings sub district plan which includes the Development property. The project also provides for preservation of a historic building for commercial use, represents strategic infill development on an under-utilized surface parking lot, is pedestrian oriented by adding to the number of residences in the downtown within walking distance of grocery stores, services, restaurants and retail, brings the active part of the building close to the property line with parking hidden behind and provides 6 units of on-site affordable housing as well as a commitment by the Developer to provide additional off site affordable housing and replace the City owned parking necessary for the public safety departments housed at City Hall. MEMORANDUM Date: April 6, 2017 To: Wendy Ford, Economic Development Coordinator From: Karen Garritson, Director, National Development Council CC: Geoff Fruin, City Manager; Iowa City City Council RE: 10 South Gilbert Street oil At your request, NDC has reviewed the materials submitted by and on behalf of Jesse Allen and Allen Development (hereinafter, "the Developer") in support of a request for City financial assistance of $4,671,123 for the development of the project described below. The project requires the acquisition of a parcel of city land adjacent to City Hall, currently used as a surface parking lot. This parcel will be combined with land already acquired by the developer, contiguous with the city parking lot and including the historic Unitarian Church. IOWA AWiMUE 1[WYMIIOIEB FORMER CHURCH TERRACE WI PA w BELOW C1 W HALL The project on the combined site will include: Residential - Twenty-six (26) residential Townhomes and one hundred (100) residential apartments. Six one -bedroom units, will be sold to the City of Iowa City with Housing Authority funds for affordable housing. The Developer will also be providing 12 units of affordable housing of a period of 20 years off-site at a different Developer -owned property. 10 S. Gilbert Street April 6, 2017 Page 2 Commercial - The second element of the project is the acquisition and renovation of the former Unitarian Church on the corner of South Gilbert Street and Iowa Avenue. The church building was dedicated in 1908 and was recently sold to the Developer. Preserving the historic church, which otherwise would be torn down for redevelopment, is consistent with goals for use of TIF assistance. The renovation plan for the building includes stabilization of exterior elements of the building, freshening the interior, installation of new HVAC, and adding an elevator and accessible restrooms. Once renovated, the space will be leased for a commercial endeavor. • Parking —A total of 117 spaces in a two level parking structure. Sixty-six (60) spaces will be purchased by the City following completion as a condominium unit and fifty-six (57) spaces will serve the residential units. • Fire Station Entrance -As part of the overall redevelopment anew, accessible entrance to Fire Station No.1 will be constructed giving access directly from Gilbert Street. The fire station outdoor deck will be replaced and a new loading dock and trash enclosure, will be provided. NDC and City development and planning staff have met with the Developer and his representatives on multiple occasions since September 2016 and have exchanged questions and updated information by email between on-site visits. The Developer has refined the projections on the project's development costs and operating revenues/expenses as the project's design, specifications and unit mix have been modified in response to City concerns. Given the numerous iterations of the development plan, it is still in the conceptual design stage as described in the developer's most recent submittal to the City for financial assistance. This indicates cost estimates are still preliminary so the project's development budget, revenues, expenses and occupancy levels may change as the project moves toward actual development. Likewise, all of the factors influenced by the final design will impact the amount of senior debt the project can attract. His latest sources and uses estimates project bank financing of $23.5 million at 4.5% interest with a 25 -year amortization. Taken together with the developer's $4.67 million Request for Financial Assistance, the project's sources and uses are projected as follows: 10 S. Gilbert Street April 6, 2017 Page 3 Church Acquisition $ 2,450,000 City Land Acquisition (appraised value) $ 3,330,000 Site Improvements $ 300,000 Construction $24,155,197 Contingency $ 1,222,760 Architecture/Engineering $ 1,956,416 Project & TIF Interest, Soft Costs, DF $ 1,749,280 Total Project Costs $35,163,653 Bank Loan $23,510,530 City Lease -Purchase of Parking & Fire Entry $ 602,000 HA Purchase of 6 AH units $ 1,080,000 City Financial Assistance $ 4,671,123 Required from Developer $ 5,300.000 Total Sources $35,163,653 Due to the nature of the project's TIF District, support of general residential development is not an eligible use of TIF proceeds. However, Affordable Housing and commercial development are. Therefore, project costs eligible for TIF benefits are noted below. Historic Church Preservation and Rehab $3,014,289 Affordable Housing Gap $ 149,184 TIF Eligible $3,163,473 Since not all of the project's $3,814,304 financial gap is supportable through TIF, staff suggest that the balance of the gap be funded with a forgivable loan against the value of the city's land in the amount of $650,831. To cover the TIF eligible expenses in the form of rebates over a period of years, the developer will take out a loan to be paid back using annual TIF rebates. The principal of the eligible $3,163,474 plus interest totals $4,020,292. Based on valuation and property tax estimates, the project would generate annual property tax rebates of approximately $437,461, enabling the developer to repay the TIF eligible expenses in about 7-8 years. In total, the combination of City financial assistance is as follows: TIF eligible expenses with borrowing costs $4,020,292 Forgivable loan S 650.831 Total City financial assistance $4,671,123 10 S. Gilbert Street April 6, 2017 Page 4 The developer has provided the following documentation to support their projections and request for gap financing: • A proforma statement of operating revenue and expenses • Conceptual floor plans for the project's 7 levels produced by Neumann Monson Architects • A development budget based on conceptual designs and construction estimates provided by McComas-Lacina Construction Assuming the appraisal, when ordered, supports the amount of debt the developer is projecting, NDC's analysis of the developer's current projections suggests that total City Financial Assistance including interest of $4,671,123 will be required to bring the project's sources in line with projected uses. 1) Selling the six (6) affordable one -bedroom units to the Housing Authority reduce the project's potential gross income by $76,824 in the first year. The resulting reduction in the project's net operating income reduces its capacity for debt and equity attraction. 2) The cost of acquiring and preserving the historic church are far in excess of the economic benefits to be derived from renting the space over time - and as a result, this aspect of the project would not be undertaken without public sector support 3) A stabilized vacancy rate of 3% on the commercial (church) element of the project, is below what might be anticipated in similar markets. This vacancy rate was accepted for NDC's analysis because it represents a relatively small portion of the project's income and, as noted previously, no market study, appraisal or tenant Letter of Intent has yet been completed to challenge the developer's assumption that he will be able to achieve occupancy of the space. 4) The developer's assumption of the amount of bank debt the deal will be able to attract appears to be maximized given its projected operating proforma and very favorable underwriting criteria: 80% loan to value with no Debt Coverage requirement and a very strong cap rate below 7%. 5) The developer's equity contribution of $5.3 M yields a 9.75% internal rate of return (IRR) given the projected after-tax cash flow and net sales proceeds of the project if held as a rental property for 25 -years. The 9.75% IRR is accepted by NDC as within the norm for purposes of its analysis. In addition, the amount of developer equity required will likely increase as Senior lender requirements for operating reserves etc. are imposed on the project and/or if project costs increase as the project matures. Conclusion: the project as presented demonstrates a need for City Financial Assistance totaling $4,671,123. If the terms of the selected senior debt and updated project costs are substantially different from what the Developer has projected, NDC will review this evaluation as requested by the City. 10 S GILBERT Request for Financial Assistance Allen Development 215 Linn Street I Iowa City, IA 52240 Table of Contents Table of Contents 2 Site 3 Overview 4 Developer 5 Conceptual Renderings 6 Conceptual Renderings 7 Conceptual Plans 8 Summary of Benefits to Iowa City 12 Outline of Characteristics 13 Necessary Financial Assistance 14 Allen Development 110 S Gilbert I April 10, 2017 Page 2 of 14 Site The project site is located on the block southeast of the intersection of Iowa Avenue and South Gilbert Street, and is located on the property to the north of the city alley on that block. The site is currently utilized as a city parking lot and the former Unitarian Universalist Society of Iowa City building occupies the northeast corner of the site. CITY HALL Allen Development 110 S Gilbert I April 10, 2017 i Page 3 of 14 O 7 IOWA AVENUE TOWNHOMES r w w FORMER CHURCH N TERRACE WI PARKING BELOW W m L -...— APARTMENTS CITY HALL Allen Development 110 S Gilbert I April 10, 2017 i Page 3 of 14 O 7 Overview The mixed-use development will include a 2 -level parking structure, 5 levels of apartments, and 4 levels of townhome buildings that line the perimeter of the site. The former church building on the site will be repurposed. The surface parking component will be owned and maintained by the City of Iowa City for the City's use. Surface Parking will be covered, by structured parking above owned and maintained by the developer for residential tenants' use. The structured parking will be cast -in-place concrete and designed with adequate exterior openings, eliminating the requirement to mechanically ventilate this space. All parking areas will be well lit with LED fixtures. Stair and elevator access will be provided at both the east and west side of the parking structure with direct access to the public way. The packing structure will not be sprinkled. The parking structure will be screened on the north and east with townhome liner buildings. The apartments on levels 3 through 7 will be primarily 2 -bedroom units, with limited studio, one - bedroom and 3 -bedroom units. The townhome buildings wrapping the parking structure will each consist of (2) 2 -story units with front door access from the street, and back door access from the parking structure. Uses and Square Foot approximations Gross Areas w/o balconies Townhome style liner buildings Pcr4rnn nonanc 30,154 49,792 Apartments 90,753 Terrace 12,343 Total Area Apartments 1 -bedroom unit 2 -bedroom unit 3 -bedroom unit Studio unit 183,042 of 18 9 Total units 100 Townhomes Type A (Lvls 1-2) 16 Typ B (Lvls 3-4) 10 Total units 26 Allen Development 110 S Gilbert I April 10, 2017 Page 4 of 14 Developer Overview With 14 years of experience in developing and constructing residential and mixed-use facilities, Allen Development has built approximately $500 -million in properties in the Iowa City/Coralville/North Liberty market. Allen Development is committed to forming strong relationships with municipal governments and quality partners - Architects, Engineers, and Contractors - to deliver exciting, viable developments that contribute to the economic development of a city and become a destination for the whole community to experience. Our mixed-use developments provide residents easy access to a wide range of amenities and create a diverse, sustainable, and connected community. Experience Residential Developments • Palisades, Iowa City (under construction, $3.5 -million) • Eastbrook Flats, Iowa City (phase II under construction, $17 -million) • Evan Heights, Iowa City (under development, $800,000) • Rochester Ridge, Iowa City ($4.4 -million) • Kempf, Coralville ($2.2 -million) • Burlington Commons, Iowa City ($4 -million) Commercial & Mixed -Use Developments • Northside Commons, Iowa City ($5 -million) • Washington Plaza, Iowa City ($20 -million) • 211 N. Linn Street, Iowa City ($1 -million) • OneParkPlace, Cedar Rapids (under development) Allen Development 110 S Gilbert I April 10, 2017 Page 5 of 14 View facing southeast from the intersection of Gilbert Street and Iowa Avenue Allen Development 110 S Gilbert I April 10, 2017 Page 6 of 14 Conceptual Renderings View facing city hall from parking garage — New entrance vestibule to fire station dock Allen Development 110 S Gilbert I April 10, 2017 Page 7 of 14 Conceptual Plans Overview Level 7 Level 6 Level 5 Level 4 Level 2 Level 1 IOWA AVENUE Apartments Apartments Apartments Townhomes & Apartments Townhomes & Apartments Townhomes & Parking Townhomes & Parking r: FUMtE COMMERCIAL I -C.. • W IMY HAUL rj LEVEL 01 - PARKING & TOWNHOMES 1"= 50'-0" Allen Development 110 S Gilbert I April 10, 2017 Page 8 of 14 lu IOWA AVENUE T WLr FUTURE COMMERCIAL ■ ' w w w w m r z rc w m � m z u ■ _i_ ■ ■ I> ■ „ CITY HALL LEVEL 02 - PARKING & TOWNNOMES 1" = 50'-0" LEVEL 03 - APARTMENTS & TOWNNOMES 1" = 50'-0" Allen Development 110 S Gilbert I April 10, 2017 Page 9 of 14 LEVEL 04- APARTMENTS & TOWNNOMES 1"= 50'_0" Now Win`-___ i E®M LEVELS - APARTMENTS 1"= 50,_0" Allen Development 110 S Gilbert I April 10, 2017 rage I V VT 19 I I I I I I I I LEVEL 6 -APARTMENTS 1" = 50'-0" LEVEL 7 -APARTMENTS 1" = 50'-0" Allen Development 110 S Gilbert I April 10, 2017 Page 11 of 14 Summary of Benefits to Iowa City Increased Property Tax Base Much of the development site currently functions as a parking lot, and generates little property tax. Following construction, the net taxable value of the proposed project is estimated at $14,385,000 for the first year of full assessment, which will increase over time. The project will require little added infrastructure costs to the City, providing a significant gain to the net tax base. Land Proceeds The parking lot land on the development site will be purchased from the City. The City would receive $3.3M in land sale proceeds to be used on other important projects within the City. Repurposed Historic Building The historic Unitarian Universalists Church building will be preserved as a landmark and repurposed to provide a function appropriate for the neighborhood, such as a restaurant. Workforce Housing The project would sell (6) units to the City to be turned over for workforce housing. This would help advance the City of Iowa City's goal to bring more affordable housing to the downtown area. (12) additional units will be provided offsite. Community Building The surrounding neighborhood has always been a transition zone between downtown and the residential areas north and east of downtown. The aim of this project is to play into this transitional concept, providing multiple housing options and amenities while keeping the building scaled appropriately to its context. Bringing a diverse range of tenants to the project will create a sense of community to an underutilized area of the city. Permanent Downtown Residents As is the trend across the country, there is a growing desire to live near the Urban core of American cities. This project will provide a new, quality housing option for those in the workforce income bracket and above. Equipped with convenient parking, and located in downtown, this project will help to pull activity to Downtown District events and businesses. Streetscape Enhancements A revised streetscape along Iowa Avenue will provide an enhanced greenspace along this city corridor. Sidewalks will be revised to provide better alignments with the adjacent walks, providing more direct pedestrian routes. Greenspaces along the townhomes further contribute to the expanded planting areas along Iowa Avenue. A terraced space above the structured parking provides an additional outdoor greenspace for tenants and the community. Enhanced City Parking The new parking structure will provide protected, covered parking for City vehicles and equipment, reducing maintenance and improving response time for emergency vehicles. Allen Development 110 S Gilbert I April 10, 2017 Page 12 of 14 City Hall Modifications A new, accessible entrance to Fire Station No.1 will be provided, directly from Gilbert Street. The fire station outdoor deck will be replaced and a new loading dock and trash enclosure will be provided. Revitalized Land The parking lot on the development site provides a limited use of this land. The proposed development will enhance the property by offering a multi -use solution where parking, housing, and commercial can be accommodated. Energy opportunities The development may be able to support a solar array and opportunities for this integration are being explored. Outline of Characteristics Structure/Exterior • Liner Building - Wood framed structure with fire and acoustic separation • Parking Structure and Mixed -Use Building — Concrete/steel and wood framed structure • ECC compliant insulation at walls and roof • Aluminum -framed windows and doors • Access to structured parking direct from unit Mechanical/Plumbing/Lighting • Recessed and surface -applied track lighting with LED lamps • Low -flow plumbing fixtures selected for minimized water usage Interiors • Daylight -filled interiors with smooth, painted finish on gypsum wall board • Solid surface countertops and decorative plastic laminate cabinets • EnergyStar appliances • Carpet and tile flooring Allen Development 110 S Gilbert I April 10, 2017 Page 13 of 14 Necessary Financial Assistance The project cost of the 10 S. Gilbert project is, at a minimum, $35,163,653. The National Development Council, as consultant to the City of Iowa City, has had full access to all costs associated with this project. Gap financing in the amount of $4,671,123 is required. The independent gap analysis of this project concludes that these funds are necessary and warranted for this project. Use of Funds Laii /1Vqu J,Uu„ v Site Development 300,000 Parking Structure 3,140,000 Townhomes 4,927,520 Apartments 15,348,288 Church Rehab 429,000 Fire station entry and loading dock 310,388 Professional fees (A&E) (80/6) 1,956,416 Construction Contingency (5%) 1,222,760 Developer Fee 84,100 Professional Fees legal 150,000 Interest 1,515,181 Total Project Cost $35,163,653 Source of Funds Developer Equity Proceeds — Sale of HUD Units (6 @ $180,0001 unit) 1,080,000 Proceeds - City Parking Condo Unit 602,000 Other Developer Funds 5,300,000 Total Developer Equity $6,982,000 Other Sources Permanent Financing 23,510,530 GAP 4,671,123 Total Sources $35,163,653.00 Allen Development 110 S Gilbert I April 10, 2017 Page 14 of 14 SCOO Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 RESOLUTION NO. 17-123 RESOLUTION SETTING A PUBLIC HEARING ON MAY 2, 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DAVENPORT BRICK STREET RECONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Davenport Brick Street Reconstruction account # S3850. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of May at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of April 12017 MOOR Approved by ./C11 ATTEST: Va�s� xiYltiy7td 1d T %_Q_P Fk CI LERK City Attorney's Office t✓1 /) 3/ /q S:1ENGTVAResolutionsTroject ResolutionslSetting Public HearinglAsphalt Resurfacing 20151Set Public Hearing Project -Asphalt Resurfacing 2015.dm Resolution No. Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CIT COUNCIL ACTION REPOR 5e(10) April 18, 2017 Resolution setting a public hearing on May 2, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Davenport Brick Street Reconstruction Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Dave Panos - Senior Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: The estimated cost for this project is $990,000, and will be funded with Road Use Tax funds and Water and Stormwater revenues available in the Davenport Brick Street Reconstruction account #S3850. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This project will replace the brick street surface and upgrade storm sewer and water utilities along Davenport Street from Linn Street to Clinton Street. Work on this project also includes replacement of curb and gutter and replacement of curb ramps to current ADA standards. Background / Analysis: Due to severe deterioration of the brick surface of Davenport Street, from Linn Street to Clinton Street, reconstruction of Davenport Street was included in the 2016 Capital Improvement Plan. A request for proposals from engineering firms was conducted in 2016 to complete the design of the project, which resulted in the City hiring McClure Engineering from North Liberty to prepare the final design and construction documents for the project. To gather input from neighborhood property owners, the City held an open house and presentation at Horace -Mann School gymnasium on February 22, 2017. On March 9, 2017, project information, including project limits, design elements, and anticipated schedule, were presented at the Historic District Commission meeting. At this meeting, the commission voted to support moving forward with the current design. The project includes the following design elements: • Salvage and reinstallation of existing brick pavers • 7" concrete base New drainage system under the road including rock drainage layer, new storm sewer intakes and piping, and a new subdrain tile system New 6" concrete curb and gutter. • New curb ramps at Clinton/Davenport, Dubuque/Davenport, and Linn/Davenport intersections to meet ADA compliance New 12" water main from Clinton to Dubuque to replace existing 1900's -1920's water main April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: None Vacant: None -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $153,000 General Obligation Bonds, of the City of Iowa City, State of Iowa, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, including improvements to the Riverfront Crossings District of the City -University Urban Renewal Area, for essential corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Sections 384.24(3)(q), 384.25 and 403.12 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $153,000 GENERAL OBLIGATION BONDS", and moved: ® that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2017, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, _Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-124 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $153,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $153,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, including improvements to the Riverfront Crossings District of the City -University Urban Renewal Area, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $153,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. M or ATTEST: V qb,--Q City 04k CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. �Qt City Ckk,�C�ity of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126111 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 r .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas Throgmorton Absent: Vacant: None -1- ,a The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $6,849,000 General Obligation Bonds, in order to provide funds to pay the costs of: a) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, bridges and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, and pedestrian underpasses and overpasses, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices, and the acquisition of any real estate needed for any of the foregoing purposes; b) improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; and c) acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that o written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,849,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of 2017, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-125 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,849,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $6,849,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of: a) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, bridges and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, and pedestrian underpasses and overpasses, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices, and the acquisition of any real estate needed for any of the foregoing purposes; -3- b) improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; and c) acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $6,849,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. Itis reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. ATTEST: pAe,City Clerk M yor M CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. ap y City Cl City o Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: Vacant: None -I- lfl The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $542,480 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, trails, recreation buildings, juvenile playgrounds, recreation centers and parks, including a park on Lower West Branch Road and the re -development of Hickory Hill Park, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Botchway introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $542,480 GENERAL OBLIGATION BONDS", and moved: 0 that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2017, at this place. Council Member Thomas seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-126 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $542,480 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $542,480 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, trails, recreation buildings, juvenile playgrounds, recreation centers and parks, including a park on Lower West Branch Road and the re -development of Hickory Hill Park, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $542,480 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. Itis reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. L Ma or ATTEST: p v ,� City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. City Clem*ty of Iowa Oily, State of Iowa (SEAL) 01346751-1\10714-12691 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas Throgmorton Absent: Vacant: None -I- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $510,000 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, recreation buildings, juvenile playgrounds, and parks, including the development of Riverfront Crossings Park on the site of the former wastewater plant, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Thomas introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION BONDS", and moved: 0 that the Resolution be adopted. El to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2017, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-127 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $510,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, recreation buildings, juvenile playgrounds, and parks, including the development of Riverfront Crossings Park on the site of the former wastewater plant, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. isle NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $510,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. Itis reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. ATTEST: )N City Clerk Ma or ME CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of ril 2017. City c, City of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas Throgmorton Absent: None Vacant: -1- l� The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $408,000 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation buildings, swimming pools, and recreation centers, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Botchway introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $408,000 GENERAL OBLIGATION BONDS", and moved: ❑x that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of 2017, at this place. Council Member Taylor seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-128 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $408,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $408,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation buildings, swimming pools, and recreation centers, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $408,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. Itis reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. .� M or ATTEST: City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April , 2017. � \ g�p� City Cl ity of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 13 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: None Vacant: None MI! The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $664,000 General Obligation Bonds, in order to provide funds to pay the costs of acquisition, construction, reconstruction, improvement, and equipping of various city and not-for-profit buildings, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Dickens introduced and delivered to the Clerk the Resolution hereinafter set out entitled 'RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $664,000 GENERAL OBLIGATION BONDS", and moved: ❑x that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2017, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-129 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $664,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $664,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition, construction, reconstruction, improvement, and equipping of various city and not-for-profit buildings, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $664,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. yor ATTEST: b City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. City Cle ity of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 l�v April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: None Vacant: None -I- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of designing, constructing, furnishing and equipping portions of a new public works building, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. -2- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: ED that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2017, at this place. Council Member Botchway seconded the motion. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No 17-130 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of designing, constructing, furnishing and equipping portions of a new public works building, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 18th day of April, 2017. M yor ATTEST: 9 e8 City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. e \ \ Q City Cler4 City o Iowa ity, State of Iowa (SEAL) 01346751-1\10714-126#1 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas Throgmorton Absent: None Vacant: None -I- 15' Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,765,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2017A, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Botchway seconded the Resolution to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 17-131 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,765,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2017A, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City is in need of funds to pay costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, including improvements to the Riverfront Crossings District of the City -University Urban Renewal Area, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $153,000 be authorized for said purposes; and WHEREAS, pursuant to notice published as required by Sections 384.24(3)(q) and 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and no petitions for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is also in need of funds to pay costs of: a) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, bridges and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, and pedestrian underpasses and overpasses, storm sewers, sanitary sewers, water service lines, street lighting, and traffic 2 control devices, and the acquisition of any real estate needed for any of the foregoing purposes; b) improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; and c) acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $6,849,000 be authorized for said purposes; and WHEREAS, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is also in need of funds to pay costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, trails, recreation buildings, juvenile playgrounds, recreation centers and parks, including a park on Lower West Branch Road and the re -development of Hickory Hill Park, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $542,480 be authorized for said purposes; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is also in need of funds to pay costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of recreation grounds, recreation buildings, juvenile playgrounds, and parks, including the development of Riverfront Crossings Park, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $510,000 be authorized for said purposes; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is in need of funds to pay costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation buildings, swimming pools, and recreation centers, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $408,000 be authorized for said purposes; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is in need of funds to pay costs of acquisition, construction, reconstruction, improvement, and equipping of various city and not-for-profit buildings, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $664,000 be authorized for said purposes; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the City is in need of funds to pay costs of designing, constructing, furnishing and equipping portions of a new public works building, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purposes; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and 11 WHEREAS, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $9,765,000 (dollar amount subject to change) General Obligation Bonds as hereinafter set forth; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and intemet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That General Obligation Bonds, Series 2017A, of the City of Iowa City, State of Iowa, in the amount of $9,765,000 (dollar amount subject to change), to be issued as referred to in the preamble of this Resolution, to be dated June 15, 2017, be offered for sale pursuant to the published advertisement. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Iowa City Press -Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 2nd day of May, 2017, at 7:00 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:00 A.M. on said date. 5 PASSED AND APPROVED this 18th day of April, 2017. v. MIKyor M4MA 4M fl �p� City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 12017. q) -ke CitkCJ�rk, City of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 1tq. April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 P .M., on the above date. There were present Mayor Throzmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: Vacant: None -1- The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $5,925,000 Sewer Revenue Refunding Bonds, of the City, in order to provide funds to pay costs of refunding outstanding sewer revenue obligations of the City, and that notice of the proposed action to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of the bonds by the City. The Clerk stated that 0 written objections had been filed. Oral objections to the issuance of the bonds were then called for and received and 0 were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 2 The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Botchwav introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,925,000 SEWER REVENUE REFUNDING BONDS," and moved its adoption. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Dickens Mims Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No 17-132 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,925,000 SEWER REVENUE REFUNDING BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $5,925,000 Sewer Revenue Bonds for the purpose of paying costs of refunding outstanding sewer revenue obligations of the City; and the extent of objections received from residents or property owners as to the proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $5,925,000 Sewer Revenue Bonds for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of the bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED this 18th day of April, 2017. ATTEST: City Clerk Mavyor !1 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. fl �e City Cler , Aq1y ofIo a City, tate of Iowa (SEAL) 01346751-1\10714-126#1 0, April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor. Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor Thomas Throgmorton Absent: Vacant: None -1- The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $7,500,000 Water Revenue Bonds, of the City, in order to provide funds to pay costs of: a) extending, improving and equipping the water utility of the City, including water plant roof replacement and water distribution building repairs; and b) refunding outstanding water revenue obligations of the City, and that notice of the proposed action to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of the bonds by the City. The Clerk stated that 0 written objections had been filed. Oral objections to the issuance of the bonds were then called for and received and 0 were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Botchway introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,500,000 WATER REVENUE BONDS," and moved its adoption. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No 17-133 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,500,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $7,500,000 Water Revenue Bonds for the purpose of paying costs of- a) £ a) extending, improving and equipping the water utility of the City, including water plant roof replacement and water distribution building repairs; and b) refunding outstanding water revenue obligations of the City, and the extent of objections received from residents or property owners as to the proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $7,500,000 Water Revenue Bonds for the foregoing purpose. -3- Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of the bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED this 18th day of April, 2017. M yor ATTEST: TI,p,,,�,City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. Q k 1City Mrk, Cityoc ofI waa City, State of Iowa (SEAL) 01346751-1\10714-126tl1 U April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Absent: Vacant: None -I- Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,235,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) SEWER REVENUE REFUNDING BONDS, SERIES 2017B, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Botchway seconded the Resolution to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims Taylor, Thomas, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 17-134 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,235,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) SEWER REVENUE REFUNDING BONDS, SERIES 2017B, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the Issuer is in need of funds to pay costs of refunding outstanding sewer revenue obligations of the City, and it is deemed necessary and advisable that Sewer Revenue Bonds, to the amount of not to exceed $5,925,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.83 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and intemet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That Sewer Revenue Refunding Bonds, Series 2017B, of the City of Iowa City, State of Iowa, in the amount of $5,235,000 (dollar amount subject to change), to be issued as referred to in the preamble of this Resolution, to be dated June 15, 2017, be offered for sale pursuant to the published advertisement. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Iowa City Press -Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 2nd day of May, 2017, at 7:00 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:30 A.M. on said date. PASSED AND APPROVED this 18th day of April, 2017. MI§or ATTEST: D_g R,�� City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April , 2017. Cit , City of Iowa City, State of Iowa (SEAL) 01346751-1\10714-126#1 April 18, 2017 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 P .M., on the above date. There were present Mayor Throgmorton in the chair, and the following named Council Members: Botchway, Cole, Dickens Mims Taylor Thomas Throgmorton Absent: Vacant: Council Member Thomas introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,910,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) WATER REVENUE BONDS, SERIES 2017C, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Botchway seconded the Resolution to adopt. The roll was called and the vote was, AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 17-135 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,910,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) WATER REVENUE BONDS, SERIES 2017C, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the Issuer is in need of funds to pay costs of: a) extending, improving and equipping the water utility of the City, including water plant roof replacement and water distribution building repairs; and b) refunding outstanding water revenue obligations of the City, and it is deemed necessary and advisable that Water Revenue Bonds, to the amount of not to exceed $7,500,000 be issued for said purposes; and WHEREAS, pursuant to notice published as required by Section 384.83 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and 2 WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic intemet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That Water Revenue Bonds, Series 2017C, of the City of Iowa City, State of Iowa, in the amount of $5,910,000 (dollar amount subject to change), to be issued as referred to in the preamble of this Resolution, to be dated June 15, 2017, be offered for sale pursuant to the published advertisement. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Iowa City Press -Citizen, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 2nd day of May, 2017, at 7:00 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 11:00 A.M. on said date. PASSED AND APPROVED this I Sth day of April, 2017. L yor ATTEST: gR�'�� City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 18th day of April 2017. City C e ity of lovh City, tate of Iowa (SEAL) 01346751-1\10714-126#1 A9. Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 17-136 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT TO PROVIDE WATER SERVICE TO LACINA MEADOWS SUBDIVISION. WHEREFORE, the Lacina Meadows Subdivision is located outside of the current growth boundary; WHEREAS, the existing well water sources servicing the Subdivision are contaminated with radionuclides; WHEREAS, the Lacina Meadows Homeowners Association and the Subdivision's twenty-three (23) home owners approached the City about extending water service to the Subdivision; WHEREAS, under the proposed agreement staff has negotiated, the Lacina Meadows Homeowners Association and property owners will pay all the costs to build the infrastructure to extend the water main and will pay a water usage fee of 1.5 times the fee for City residents; and WHEREAS, it is in the interest of the City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Agreement among the City of Iowa City, Iowa, the Lacina Meadows Homeowners Association, and the Owners of the Lots in the Lacina Meadows Subdivision for the Provision of Water Service. Passed and approved this 18th day of April 20 7 M OR ATTEST: Approved �v�� CITY CL K City Attorney's Office Resolution No. 17-136 Page 2 It was moved by Dickens and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Botchway % Cole x Dickens x Mims % Taylor % Thomas % Throgmorton AGREEMENT AMONG THE CITY OF IOWA CITY, THE LACINA MEADOWS HOMEOWNERS ASSOCIATION, AND THE OWNERS OF LOTS IN THE LACINA MEADOWS SUBDIVISION FOR THE PROVISION OF WATER SERVICE This Agreement is entered into in Iowa City, Iowa among the City of Iowa City, Iowa, a municipal corporation, ("CITY"), Lacina Meadows Homeowners Association ("LACINA"), and the owners of record of all buildable lots in the Lacina Meadows Subdivision ("OWNERS"). WHEREAS, the legal description of the Lacina Meadows Subdivision is: Beginning at the southeast comer of Section 29, Township 79 North, Range 6 West of 5t' Principal Meridian, Johnson County, Iowa; thence S89039'29W, along the South line of the Southeast Quarter of said Section 29, a distance of 2653.66 feet, to the South quarter corner of said Section 29; thence N00°18'50"E along the West line of said Southeast quarter 1319.89 feet to the Northwest comer of the Southwest quarter of the Southeast Quarter of said Section 29; thence N89154'33"E, along the North line of the South half of the Southeast Quarter of said Section 29, a distance of 2646.38 feet, to the northeast comer of the southeast quarter of the southeast quarter of said Section 29; thence S00°00'00"E along the east line of the Southeast Quarter of said Section 29, a distance of 1308.22 feet, to said point of beginning. Said tract of land contains 79.94 acres, and is subject to easements and restrictions of record. The plat for the Lacina Meadows, Johnson County, Iowa is recorded at Plat Book 44, Page 276, Plat Records of Johnson County, Iowa ("Subdivision"); WHEREAS, the Subdivision is located outside of the current Iowa City Growth Boundary; WHEREAS, OWNERS are the owners of record of all buildable lots in the Subdivision; WHEREAS, LACINA conducts the business and affairs of the OWNERS with respect to the Subdivision; WHEREAS, the CITY owns and operates a municipal water system; WHEREAS, the existing well water sources servicing the Subdivision are contaminated with radionuclides; and WHEREAS, the Iowa Department of Natural Resources ("DNR") has mandated the removal of said contamination from the water sources within the Subdivision prior to consumption due to the public health concern; and WHEREAS, in pursuit of a solution to the DNR mandate, LACINA approached the CITY to build the necessary infrastructure in order for the CITY to supply water service to the OWNERS, and the CITY has agreed to provide water service to OWNERS pursuant to its authority under Iowa Code Section 384.84 (2017), Iowa Code Chapter 388, and Section 16 -3C -5A of the City Code. NOW, THEREFORE, THE CITY, LACINA, AND OWNERS AGREE AS FOLLOWS: 1. Effective Date This Agreement shall become effective upon execution. 2. Definitions As defined in Section 16-3C-1 of the City Code, the following definitions shall apply to this Agreement: Distribution Water Main: Water pipe owned, operated or maintained by the CITY and used for the purpose of distribution of potable water. AKA Water Main. Service Line: The pipe laid from the distribution water main to the point of service or building served. The service line shall include stop boxes, pipes and valves between the distribution water main and the water meter. Stop Box: A shutoff valve on a service line that can be opened and closed from the surface of the ground. Water Meter: A CITY owned and city furnished device used to measure the volume of water passing through a service line. 3. Extension of Water Main LACINA shall pay all costs associated with building the necessary infrastructure to extend the CITY water main to the OWNERS. LACINA shall design and construct the water main according to CITY standards. Upon the CITY Public Works Director determining that the infrastructure has been designed and constructed according to CITY standards, LACINA shall dedicate the Improvements to the CITY. 4. County Right -of -Way LACINA shall obtain at its sole cost all necessary permits from Johnson County to install the infrastructure in the County right-of-way. 5. Service Lines OWNERS shall install and maintain the service lines at their sole cost, including obtaining a permit from the CITY and approval of the CITY Building Inspector. OWNERS shall apply for connection to the water main as set forth in Section 16-3C-3 of the City Code and shall comply With all requirements set forth therein. 6. Connection Fee LACINA shall pay the CITY $9,130.00 upon execution of this Agreement, which reflects the CITY's one -acre connection fee for each buildable lot in the Subdivision (23 lots x $415.00 = $9,130.00). 7. Water Customers and Usage Fee All OWNERS shall be direct water customers of the CITY. At the time OWNERS establish their water customer accounts, OWNERS shall each pay a deposit of $180.00, which shall be refunded when the account is closed less any monies due the CIN. The CITY shall bill all OWNERS in accordance with the City Code but at one -point -five (1.5) times greater than the water service charge for customers within the corporate limits of the CITY. The water service shall be subject to the City Code provisions regarding water utilities, as amended from time to time, which include but are not limited to the ability for the CITY to: a. Bill and collect for connection and water service; b. Impose fees, liens and charges for nonpayment of water service; and C. Discontinue water service by turning off service at the stop box in the event of nonpayment or other delinquency with respect to water service. All water customers, with the exception of the OWNERS who executed this Agreement, will be required to sign an agreement that substantially complies with Exhibit A, which is attached and incorporated herein, prior to the CITY providing water. 8. Water Meters OWNERS shall install and maintain water meters at their sole cost, which will include a one-time, nonrefundable fee of $200.00, and shall comply with all the requirements set forth in Section 16-3C-4 of the City Code. OWNERS acknowledge that Section 16-3C-4A(1)(d) provides that 'where water meters are located [property owners] are deemed to have consented to the city's right to enter the owner's and/or occupant's property to test water meters where the city has reasonable grounds to believe the water meter is not operating according to performance standards of appropriately installed and operating water meters. If access to the meter is not permitted, the water service may, after written notice to the property owner, be turned off by the city until access is allowed." 9. Hydrant and Water Main Maintenance LACINA and OWNERS shall not be liable for future maintenance costs on the water main and hydrants. The CITY acknowledges that the connection fee and the water service charges are calculated to generate adequate revenue to pay the costs and operation of the water main. Notwithstanding the other provisions of this paragraph, CITY reserves the right to increase the water service charge in the future to prevent the customers within the City of Iowa City from subsidizing the service to the Subdivision upon 180 -day written notice by ordinary mail to OWNERS. The adjusted water service charge must be based on the CITY'S cost to operate and maintain the overall water treatment and distribution system. The CITY reserves the right to shut off the water in the water main at any time for maintenance and installations and as the CITY deems necessary to protect the city water utility system. 10. Stop BOX OWNERS shall be responsible for all costs to install and repair the stop box. 11. Back Flow Prevention Each OWNER shall install a back flow prevention device if required by the City Code and shall comply with all City Code requirements including having a licensed plumber obtain a permit from the CITY for its installation and conduct annual inspections. OWNERS acknowledge that the City Code requires the installation of a back flow prevention device if there is a potential risk of contamination to the CITY water supply and that potential risk factors include a lawn irrigation system, boiler, in floor heating, and yard hydrant. LACINA shall provide the CITY Senior Building Inspector with written confirmation (electronic mail is sufficient) of said risks on each lot within 60 days of execution of this Agreement. Any OWNER who intends to install a lawn irrigation system, boiler, in -floor heating or yard hydrant after 60 days of execution of this Agreement shall promptly inform the CITY Senior Building Inspector of such intent and shall have a licensed plumber obtain a permit from the CITY to install the backflow prevention device. 12. Termination This Agreement shall terminate by mutual agreement of the parties, or on July 1, 2047, ('Termination Date"), whichever first occurs, unless terminated as provided herein. This Agreement shall automatically terminate if the Subdivision is annexed into the CITY. 13. Renewal This Agreement shall automatically renew for additional periods of ten years, unless the CITY and LACINA mutually agree to terminate the Agreement. The CITY shall record the applicable termination or renewal at cost to LACINA. OWNERS have no right to exercise this renewal provision. 4 14. Declaration of Default and Notice In the event that the CITY or LACINA determines that the other has defaulted in the performance of its obligations hereunder, CITY or LACINA may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including but not limited to, termination of this Agreement, an action for specific performance thereof, and action for damages for breach thereof, or an action for alternative relief. OWNERS have no right to declare LACINA or CITY in default of this Agreement. 15. Effect of Termination In the event that this Agreement is terminated, the CITY shall be obligated to provide water utility service as herein provided for not more than two years after termination or as judicially declared, during which time LACINA and OWNERS shall be required to pay the same rates and charges for such services as provided herein. During said two-year period the CITY shall be required to perform only routine maintenance on the water system and LACINA and OWNERS shall be responsible for all repair and replacement services. After said two-year period the CITY shall be entitled to cap its water distribution mains. LACINA and OWNERS shall not make use of any such water mains unless and until either has completed the purchase of the water main servicing the Subdivision. 16. Notice All notices which the parties are authorized or required to give one another pursuant to this Agreement shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Mailed notices shall be deemed to be received by the party to whom directed when they are postmarked. Such notices shall be delivered or mailed to the following persons at the addresses listed: a. Notices to the CITY: City Clerk, 410 E. Washington St., Iowa City, IA 52240 b. Notices to LACINA: % Todd Jacobson 3724 Lacina Drive SW Iowa City, IA 52240 c. Notices to OWNERS: For any notice provided by the CITY to LACINA or by LACINA to the CITY, LACINA shall immediately provide a copy of said notice to each OWNER. The CITY is under no obligation to provide said notice to the OWNERS. Notwithstanding any other provision of this paragraph, CITY shall deliver to OWNERS all notices 5 14. Declaration of Default and Notice In the event that the CITY or LACINA determines that the other has defaulted in the performance of its obligations Areunder, CITY or LACINA may declare that default has occurred and give notice thereof to the de ulting party. Notice of default shall be given in writing, shall specify the nature of the default an the provision of this Agreement involved, and shall specify what action is required of the defaul' g party to correct the default. The defaulting party shall have thirty (30) days from the date of its ceipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursu all lawful remedies, including but not limited to, termination of this Agreement, an action for s\pe performance thereof, and action for damage s. for breach thereof, or an action for alternative relief. OWNERS have no right to declare L A or CITY in default of this Agreement 15. Effect of Termination In the event that this Agreement is terminateT Clshall be obligated to provide water utility service as herein provided for not more thas after termination or is judicially declared, during with time LACINA and OWNERS shired to pay the same rates and charges for such services as provided herein. Dun -year period the CITY shall be required to perform only routine maintenance on em and LACINA and OWNERS shall be responsible for all repair and replace t serr said two-year period the CITY shall be entitled to cap its water distribution ains. LAOWNERS shall not make use of any such water mains unless and until ether has coe purchase of the water main servicing the Subdivision. 16. Notice All notices which t parties are authorized or required toIsai e another pursuant to this Agreement shall to in 'ting and may be personally deliveredt by ordinary mail to the addresses hereafter rovided. Mailed notices shall be deemereceived by the party to 7f3724 n they are postmarked. Such notices shalivered or mailed to the the addresses listed: es to the CITY: City Clerk, 410 E. Washington St., Iowa Ci240 es to LACINA: Todd Jacobson Lacina Drive SW Iowa City, IA 52240 c. Notices to OWNERS: For any notice provided by the CITY to LAby LACINA to the CITY, LACINA shall immediately provide a copynotice to each OWNER. The CITY is under no obligation to provide said notice to the OWNERS. Notwithstanding any other provision of this paragraph, CITY shall deliver to OWNERS all notices 5 required by the City Code to be provided to water customers. 17. Amendment This Agreement is the entire understanding of the parties concerning the subject matter herein, and it may be amended only by LACINA and CITY. All amendments shall be in in writing and recorded by the CITY at LACINA's cost. LACINA shall notify the OWNERS of any amendment, but OWNERS' consent is not required to amend this Agreement. 18. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 19. Assignment Neither LACINA nor the CITY shall assign this Agreement without the consent of the other party. No OWNER'S consent is required for LACINA or the CITY to assign this Agreement. OWNERS shall not assign this Agreement, but their rights and obligations under this Agreement are binding upon their successors in interest as provided herein. 20. Recording The CITY shall record this Agreement at LACINA's cost. 21. Successors in Interest This Agreement shall be a covenant running with the land, shall be perpetual, and shall inure to the benefit of and be binding upon the parties hereto and upon their successors in interest. 22. City Code Except as set forth in this Agreement, Section 16-3C of the City Code, as amended from time to time, shall govern the provision of the water service. If any provision in this Agreement conflicts with a provision in the City Code, the statutory or contractual provision that imposes the greater obligation on LACINA and OWNERS shall control. 23. Indemnification/Hold Harmless Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason 6 of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The CITY shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the CITY's control. 24. Waiver The waiver by either CITY or LACINA of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 25. Entire Agreement This Agreement sets forth all of the covenants, promises, agreements, and conditions Pujaniong4fie*, parWie§;:;4nd there are no other covenants, promises, agreements or conditions, either'6ral br inrritferfI among them. This Agreement may not be modified or amended in any manner except as provided herein. Dated this 18th day of April 2017 CITY OF IOWA CITY By: ayor Attest: zp 1__� City CrbTk` STATE OF IOWA JOHNSON COUNTY On this I d ' " — day of &2r I � , 2017, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James A. Throgmorton andjQhria- a -Lie to me personally known, who being by me duly sworn, did say that they are the Mayor ©i and Ci eAl c i espectively, 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. otary Public in and fo a State of Iowa My Commission expi a KELPIE K. FRUEHLIN 9 My com issi Expires IOW LACINA MEADOWS HOMEOWNERS ASSOCIATION W. Jacobson, President STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on CZ'yf urG�! ZOV'01 , 2017 by Todd W. Jacobson as President of Lacina Meado emec ners As t' n. JANERHEA AXI N ry IIC in ant e State of (o 2�Comm16i10, Number 776928 ommission expires: My�om elo x s �aw� (l�- OWNERS �l W Michael W. Kelly, 3770 a Street SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on Michael W. Kelly. EJANE RHEA AXT ^*]j1A1t ission Number 776328NotaryIc in and fo a State of I a Commisslo Ex I os -clot YAW My Cchfmission expires: I Z-37—Zot& - 'L� ' I Teresa J. Kell , 3770 Osagiptreet SW STATE OF IOWA JOHNSON COUNTY 2017 by This instrumentwas acknowledged before me on2017 by Teresa J. Kelly- 776328 Notary griilillic in and fovthe State of Street STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on �� " �( 2017 by Keith J. Hemann. Notary c in and for the State of. - -• ; Ev JANE RHEA AXT My Cc, fission expires: [Z - ?f[' zi%Lsl . commission Number 776328 . My cQgrvs n Ex Ire g s , & M - 9:rn� Rosell. Hamann, Osage Street SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Rose M. Hamann. JANE RHEA AXi commission Number 776928 m �isJs�,mn Numb r Ir rt before me on 2017 by Notayy P}}++ Ic in and fofl6e State of Iowa M bomissionexpires: 12'31-W/ i Kevin G. Moores, 3761 Osage Street SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on /' `t-ve 4 2 0A , 2017 by Kevin G. Moores. No ublic in for the S to of Iowa JANE RHEA AXt , M mmission expires: /Z a1 - Ut 241 C My It11on Num^ E 7 6928 Y P g Cheryl WL Moores, 3761 Osage Street SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Cheryl A. Moores. E AXT coymyission Numberr 716928u _1r� IT before me on IA44 1'1 Z d yr 2017 by Notary is in and for a State of Iowa My C ission expires: !ti' 3l1- ZOle 10 Stephen H. Greene, 3757 Osage Street STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on W4Wr.G7 7ifJ 2017 by Stephen H. Greene. 1-� _ _ Notary lic in and or the JANE RHEA AXT My Commission expires:_ A�^ Commission Number 1>6320 ruwr ntv%�m.491S_,jr�} Barbara ,GGr6rfe, 3757 Osage Street STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on o0� f 2017 by Barbara J. Greene. p JANE RHEA AXT �COMMISSIon Number rY6348 Nota blic in and for the State of Iowa My c I'Sion EapheX low s /�-ai-aa/4 My mission expires: 'Lz-3l-a01� Axt, STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on Gordon E. Axt. / f- 2017 by JANE RHEA AXT Notary P in and for a State of Iowa � 1 ' Commission Humber 776328 My Co Ission expires: 17, -ZD 9 MY MCOmmlUlon E plr 5 11 t .w� Jane gMfip(Axt, 3763 Lacina Drive SW STAIYOF IOWA JOHNSON COUNTY This instrument was acknowledged before me on Amid 2017 by Jane Rhea Axt. ` Notary PV c In a d fort tate of Iowa Oak Ir TIA M PEREI',oPjFP1 My Comfnission expires: k-0- 1 J? i� Comycommission Number xpS res s . 109rJune 02,2018 Francis X. C40(neyer III, 3759 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Francis X. Cretzmeyer III. S. Cretzmeyer, STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Linda S. Cretzmeyer. JANE RHEA AXT II &h Commission Number 776328 lotMy C ms m on EgpJ rows lli before me on ( Ll 2017 by Notary P,6y1c in and for tKe State of Iowa My ConWhission expires: /a ,:?I -z 6 SW before me on `E' , `/ 2017 by Niotar7yy6lic in and fa he State of Iowa Mycoffimission expires:' 12 JANE RHEA AXT Commission Number 776328 My om Iaalonq �VI(g s nE S. Cretzmeyer, STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Linda S. Cretzmeyer. JANE RHEA AXT II &h Commission Number 776328 lotMy C ms m on EgpJ rows lli before me on ( Ll 2017 by Notary P,6y1c in and for tKe State of Iowa My ConWhission expires: /a ,:?I -z 6 SW before me on `E' , `/ 2017 by Niotar7yy6lic in and fa he State of Iowa Mycoffimission expires:' 12 A- rty PL Halvorsen, 3755 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before meyn j8^rr%f 4 t v 7 2017 by Jerry A. Halvorsen. 1r ) 7_1_-, E JANE RHE AXT Notary Kub.Wjin and for the State of Iowa Commlubn Nslon E 776a2e My CgficTrfssion expires: M% 3 1�jt10 p � 2/ Clanne S. Halvorsen, 3755 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before n f'{ / � 2017 by Clanne S. Halvorsen. JANE RHEA AXT Commlaslon Number 776328 Notary cin and f0 State Vila 6� M Igsl s My Co ission dxpires: /Z'3/ - ZO<� rows Benjamin P: Fish, 3745 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on 2017 by Benjamin P. Fish. Nota lic in and fo a State of Iowa--' ,fur JANE RHEA AXT My mission expires: `Z-87-ZPlZ � '>k^ Comml161cm Number 776328 iow� MY/C i 0 X 6 13 Drive SW MTE OF IOWA JOHNSON COUNTY M This instrument was acknowledged before me on QV/4� ;?98"7 , 2017 by Jennifer L. Fish. JANE RHEA AXT Commission yN/umbberr 77766328 MY`GmJf iok 8 s Craig A. Welt, 3741 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY Notary blic in and foj-tk6 State of Iowa MyCtkfimissiori expires: 31-449/8' This instrument was acknowledged before me on C— G &"k ze , - / 2017 by Craig A. Welt. JANE RHEA AXT No ublic in an r the State of Iowa Commlislon Number 776328 MY Cyr,8 1 �. WOommission expires: %Z n5/ - 00 /eWP AmyX Welt, 3741 Lacina Drive SW C -11-r S + STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on �/8 2017 by Amy.R. Welt. 9- �gJac JANE RHEA AXT �,Comml��eposlon Number 776328 roWP "!!&' 'L' n 1 KA0 Noj4Xblic in &ndWthe State of Iowa WO -Commission expires: '17 ZOl Fi 14 yl� Stephen K. Hunter, 3735 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on r l/ 2017 by Stephen K. Hunter. JANE RHEA AXT Commission Number �7�76326 Notary P is i and for the S of Iowa row► My=' �I- My Co i on expires: jLorenet4nter735;Li�dnnDeive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on —tn1 2nC1P !ti 2017 by Lorene Hunter. 1-i JANE RHEA AXT NotaA&lic in and for � commission Number 776328 tf Ie State of Iowa fiaw� My/G m I aio � My Flpffimission expires:; J"L �al - l 3731 Lacina Drive STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on 2017 by Gabriel Farias. JANE RHEA AXT Notary7P,efblic in and foFthe State of low Number Commission Numbei 776328 My mission expires: My Commission Ex&If '- Ximena Campos, 3731 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Ximena Campos. 'gwJANE 'yCommissionNumber EA �776328 $ ,^ My c mr�lsalon E_ XpiI S 16011. _L��� GrfJ�a Lacina Drive SW STATE OF IOWA JOHNSON COUNTY before me on 2017 by -'er-0-AL A NotapPublic in and for the State of Iowa My ommission expires: / Z` 3/ t 90 f This instrument was acknowledged before James Bell. JANE RHEA AXT Commission Number 776328 Notaryis in and .. MY&T mml slon 4x t ,6 ► , , _ 3 j _ ��p� My C6thmission exp Bell, 3727 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY 0 2017 by This instrument was acknowledged before me on 2017 by JoAnn Bell. Lt Comm! Commission NuNE Emberr776328 My QmmlsslonIr INotiryrXlic in and tof the -State of Iowa' My Co mission expires: ? {2 -3/ �2Q/y- 01 16 ? .....,_. e.... ., . . 74.114-1 t r^/�. Ak_ Thaddeus P. Wunder, 3423 Lacing Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on ?i(/ 2017 by Thaddeus P. Wunder. ow JANE RHEA AXT Notary blic in and for the State of Iowa o� C My les�n N"mbe%77es My Co mission expires: lzr/- o/ �F=2? STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before on �� Z$ 2017 by Shelly M. Wunder. / —,-i/ „ JANE RHEA AXT Not ublic in and fofffie State of Iowa a*At Commission �Number slon Exy7776328 MyM;jeryemission expires.' dZ 3f=2Q Todd W. ZWobsOn, 3724 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instnyment was acknowledged before me on _ C74Aw -P? Ze 2017 by Todd W. Jacobson. JANE RHEA AXT R` t:M1 sion Number 776328 Not ;ublicc in andMr r the State of Iowa /GWSomPion Ex i My ommission expires:_ /Z—e3/- ZIJI 17 �Fvv "m Lisa R. Jac son, 3724 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on lam/ , 2017 by Lisa R. Jacobson. JANE RHEA AXT NotWAIic in and for the State: of Iowa C Mmisimf�Number 77766a28 My mission expires: a-, a140f ' IOWI. & S/' !l/7S ' on L Warren, 3730 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Jason L. Warren. JANE RHEA AXf commission Number 77r�63�28 104 R. STATE OF IOWA JOHNSON COUNTY before me on `�� zoo' 2017 by Nota blic in and f e State of Iowa My mission expires: �2"3� �T�PJ9 Lacina Drive This instrument was acknowledged Elizabeth R. Warren. V' slmoI ualrT Commisn RHEA jM328 obxn r* q 017 by ,VtA A)�"n Mar J.narl d, d\Lacina Dri a SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me J. Renard. / JANE RHEA AXT Notary P 1' in and for e A& Commission Number 776328 z My Cpml�ealoaE res My Co ssion expires IOWA �:+}i %OI lene V. Sundberg R�anard, 3734 ina Drive SW STATE OF IOWA JOHNSON COUNTY 2017 by Mark This instrument was acknowledged before me on Lf v r i 2017 by Jolene V. Sundberg Ranard. JANE RHEA. AXT Notary t u c in and for thetate of Iowa Commission Number 776328 My ission expires: � ..� M o- salon s rOWA Benjamin Gil. Loll*n, 3738 Lacina Drive STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before, me on l �/ , 2017 by Benjamin M. Logsdon. JANE RHEA AXT -OW.At Commission Number 776328 �. My JQm�l Ion Expires rows Notary P c in and for the State of Iowa ' My Go ission expires: /?i a7 -ZOlRI 19 N.AA VN 4,, m lnmAm J fifer M. VQbsdon, 3738 LacinA Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me Jennifer M. Logsdon. JANE RHEq AXT z �U commission Number 77692E NOtary ,�, My�Co in "Mr, My Cod rOWA lG _ G[J Vfirr in and for *6 State of :)n expires:!!, !Z 2017 by Josh rewster, 3744 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on CtAi 61P? 0410'01 2017 by Joshua Brewster. low JANE RHEA AXT. Not ublic in and r the State of Iowa A Commission Number 77692E OmmISSIOn expires: My o I,!I Ex s 100 Amy P. 3744[ Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on • r/ , 2017 by Amy P. Brewster. Notary lic in and ford e,State of Iowa �7 JANE RHEA AM ber 776326 (N C mission expires: '" % Z' ✓-Lal B IIr commission MY C�spm 361mop E�I y 20 . Curtis M. Tomas, 3748 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on (/� � 17 by Curtis M. Tomas. JANE RHEA AXT o p1 Commission Number 776328 Nota lic in and for the State of Iowa 16Wl, MvtCspmmi�IobEgs11J8s My mission expires:_ /Z-377012 Waneta L. Tomas, 3748 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me Waneta L. Tomas. NVY 2100 Dennis Notary NuEmbelr776326 My Col STATE OF IOWA JOHNSON COUNTY 0.7A This instrument was acknowledged before Dennis Moore. / JANE RHEA AXT Notary ' Commission Number 776328 My COI My C mm s Ion x Ir /OWE 21 and for and for the State of Iowa expires: l !Z --31 -W/ff 2017 by 2017 by 4e0lel� Denise Moore, 3752 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY Q�( This instrument was acknowledged before Denise Moore. $' aJANE RHEA AXT Commission Number 776328 Notanr ubli nand for the tate of Ir ' MY Lo I;cion Exr�Se, My Cirrhission expires: r6w� G 2� Douglas M/Y)6ung, 3703 Lacina STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before Douglas M. Young. JANE RHEA AM IMy C6rfimi: �commisaon Number 776328 My Commission Expires` rows /2 3l-2Ut g 3703 STATE OF IOWA JOHNSON COUNTY 2017 by , 5 on 7zl4*T* 01�`4 2017 by in and for -Ke State m exniresc f 17't This instrument was acknowledged before me on 2017 by Jo Ann Young. JANE RHEA AXT No ry u Ic in and foroffie State of Iowa -. . A Commission Number 7176328 My CO fission expires: jX7-3t-7W1O $ P8 My m s on �Ap - r6w► sv7 22 �, 60 nbert Lee Eickhorst, 3712 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged Robert Lee Eickhorst. JANE RHEA AXT E Cmisoon Number E 777663328 _ /G 3/ -7 !7i before me on 2017 by C:24- NotagKPyKlic in and for gwttate of Iowa My o mission expires: LTi -3/ -ZOIY 7um StinEickhorst, 3712 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on Kum Sun Eickhorst. . 2017 by JANE RHEA AXT Not P lic in and for a State of Iowa `,& Commlttlon Number 776328 My mission expires: A,W g r� a %- l Christopher C. Sawin, M8 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on 2017 by Christopher C. Sawin. WyfPublic in a r the State of Iowa JANE RHEA. AXT ommission expires: Sit Commissiorn�Number M32611011" M%2TP-A 23 Q� Katherine L. M. Sawin, 3708 Lacina Drive SW STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on ` 4,r k &5m , 2017 by Katherine L. M. Sawin. Notary P096 in and for the State of low JANE RHEA Axi My Com Sion expires: lbx—nk commlaalon Number 776928 My C m 1010 plr a #04 24 EXHIBIT A AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AN OWNER OF A LOT IN THE LACINA MEADOWS SUBDIVISION FOR THE PROVISION OF WATER SERVICE This Agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation, ("the City"), and an owner of a lot in the Lacina Meadows Subdivision ("Owner/Customer'). WHEREAS, the City provides water service to the Lacina Meadows Subdivision; and WHEREAS, because the Lacina Meadows Subdivision is not within the corporate limits of the City of Iowa City, a written agreement is needed to set forth the duties and responsibilities of the City and Owner/Customer with respect to the provision of water service. NOW, THEREFORE, THE CITY AND OWNER/CUSTOMER AGREE AS FOLLOWS: 1. Effective Date and Termination This Agreement is effective upon execution and shall terminate upon discontinuance of water service by the City to Owner/Customer. 2. Master Agreement Owner/Customer acknowledges that it may request a copy from the City of the Agreement among the City of Iowa City, the Lacina Meadows Homeowners Association, and the Owners of Lots in the Lacina Meadows Subdivision for the Provision of Water Service dated 2017 and recorded _, 2017 in Book _, Page _ in the office of the Johnson County Recorder ("Master Agreement") Owner/Customer further acknowledges that the Master Agreement is available on the website of the Johnson County Recorder. The Master Agreement shall govem the rights and obligations of the provision of water service by the City to Owner/Customer, and Owner/Customer shall have all the rights and obligations of OWNERS in the Master Agreement. 3. Amendment The City may amend this Agreement at any time upon providing Owner/Customer 30 - day written notice by ordinary mail. Dated this day of 20 Public Works Director 25 Owner/Customer CITY OF 1 O WA C I T 04-111-1 COUNCIL ACTION REPOR 22 April 18, 2017 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement to provide water service to Lacina Meadows Subdivision Prepared By: Ron Knoche, Public Works Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Location Exhibit Executive Summary: This resolution authorizes the Mayor to sign an agreement between the City of Iowa City, the Lacina Meadows Homeowners Association and the owners of the lots in the Lacina Meadows Subdivision. Background / Analysis: In 2003, the construction of Lacina Meadows Subdivision, a 23 -lot Johnson County subdivision, began. The subdivision is located on an 80 -acre site located approximately one mile south of the Iowa City corporate boundary between Naples Avenue and Dane Road. The subdivision is located outside of the current Iowa City Growth Boundary. In 2008, the Iowa DNR required a preliminary engineering report be prepared to outline needs and options for the water supply system improvements for the Lacina Meadows public water supply system. The Iowa DNR cited the water supply system for Gross Alpha and Combined Radium maximum contaminant level violations. The EPA established the maximum contaminant levels due to an increased risk of getting cancer by people who consume the water over many years. In 2008, the approved option was to install an Ion Exchange treatment system to remove the Gross Alpha and Combined Radium. Lacina Meadows was unable to obtain the required National Pollutant Discharge Elimination System permit for proper disposal of the water treatment residuals. In 2016, the Iowa DNR approved an amended preliminary engineering report identifying the preferred option of connecting to the Iowa City system. The route of the water main is shown on the attached exhibit. The project estimate to complete the connection is $725,000. Due to the public health concern and the location of the existing subdivision outside the current growth boundary, Staff feels this option is viable and will have no impact on the Water Division's ability to provide water for current and future development with in the Corporate Boundaries. Per the agreement, the Lacina Meadows Homeowners Association and lot owners will be responsible for construction of the water main extension project and connecting to the new distribution system. They are required to pay one acre of water main extension fee per lot totaling $9,130. The lot owners will pay a rate 1.5 times the current City residential rate. The City will own, operate and maintain the distribution system after acceptance of the project. This agreement does not allow any other subdivisions to tie on to this system without approval by the City Council. The estimated service life of this distribution system is 100 years. Over the life of the system, we expect to have two water main breaks to repair. On the average, it costs the City $1,900 to make the repair for water main located outside of pavement. The water main extension fee paid will cover the repairs when they occur. Over the life of the system, the estimated revenue is $5.5 million. The replacement cost at the end of its useful life is estimated to be $3.8 million. The Iowa DNR set the following requirements for two key project milestones: 1. Plans, specifications, and water supply engineering permit application schedules must be submitted by July 3, 2017. 2. Construction must be complete by July 2, 2018. The current plan is the water distribution system will be installed and ready for use between September 2017 and May 2018. Aerial Photograph Lacina Meadows HOA Water Project Near Iowa City, IA North (j State Revolving Fund 502 East 91h Street Des Moines, IA 50319-0034 3 Aerial Photograph Lacina Meadows HOA Water Project Near Iowa City, I.A 0 North r, State Revolving Fund 502 East 9"' Street Des Moines, IA 50319-0034 23. Prepared by: Ashley Monroe, Assistant City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5012 RESOLUTION NO. 17-137 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION AND RESOURCE MANAGEMENT DEPARTMENT BY DELETING ONE ASSOCIATE DIRECTOR - RESOURCE MANAGEMENT POSITION, IN THE PUBLIC WORKS DEPARTMENT BY ADDING ONE RESOURCE MANAGEMENT SUPERINTENDENT POSITION, AND AMENDING THE ADMINISTRATIVE PAY PLAN BY ADDING THE POSITION RESOURCE MANAGEMENT SUPERINTENDENT. WHEREAS, Resolution No. 17-71, adopted by the City Council on March 7, 2017 established positions in the Transportation and Resource Management and Public Works Departments; and WHEREAS, Resolution No. 15-96, adopted by the City Council on April 7, 2015, established a classification/compensation plan for Administrative employees for Fiscal Year 2018; and WHEREAS, Resolution No. 17-14, adopted by the City Council on January 3, 2017, established a classification/compensation plan for Administrative employees for Fiscal Years 2019-2021; and WHEREAS, the duties, responsibilities and requirements of the Resource Management Superintendent position have been evaluated and grade 30 of the Administrative pay plan has been determined to be the appropriate classification; WHEREAS, the current operational needs of landfill and resource management will be suitably met and fulfilled by the Public Works Department. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Transportation and Resource Management Department be amended by deleting one full-time Associate Director - Resource Management position. 2. The budgeted positions in the Public Works Department be amended by adding one full- time Resource Management Superintendent position. 3. The Administrative pay plan be amended by adding the position of Resource Management Superintendent to grade 30. Passed and approved this 18th day of April '20 17 . ��� 4��2vzt=_ M OR \` Ap oved by ATTEST: v 4�� h y CITY CL City Attorneys Office Resolution No. 17-137 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton X ' CITY OF IOWA CIT �r �o COUNCIL ACTION REPO 23 April 18, 2017 Resolution amending the budgeted positions in the Transportation and Resource Management and Public Works Departments and amending the Administrative Pay Plan by adding the Resource Management Superintendent Prepared By: Ashley Monroe, Assistant City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Approximately $11,000 split between Landfill & Refuse Collection Funds Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The proposed resolution will authorize the amendment of budgeted positions in the Transportation and Resource Management Department and Public Works Department as well as authorize an amendment to the Administrative Pay Plan. With this resolution, the Associate Director Resources Management position will be removed from the FY18 Transportation and Resource Management Department budgeted positions and a Resource Management Superintendent will be added to the FY18 Public Works Department budgeted positions. The current Administrative Pay Plan will be amended to add the Resource Management Superintendent as a grade 30 position. Background / Analysis: On March 7, 2017, City Council approved Resolution 17-71 authorizing the budgeted positions for Fiscal Year 18. The approved Administrative Pay Plan included an Associate Director - Resource Management in the Transportation and Resource Management (TRM) Department. The proposed resolution will remove the Associate Director Resource Management position from TRM budgeted positions and add the Resource Management Superintendent position to the FY18 Public Works budgeted positions. Additionally, Resolution 15-96 established pay plans for administrative employees in 2018 and Resolution 17-14 established pay plans for administrative employees from 2019 through 2021. The Resource Management Superintendent position will be included in the amended Administrative pay plan as grade 30. As enhanced services are increasingly provided by the Resource Management Division, it will be advantageous to have a specialized supervisor dedicated to the Division. Responsibilities of this position include supervising daily operations of the landfill and refuse collection services. If approved, City staff will commence with recruitment activities to fill the Superintendent position prior to the start of FY18.