Loading...
HomeMy WebLinkAbout2018-07-17 ResolutionPrepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-2-16 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Whereas, the 420TH Street Industrial Park is a 173 -acre shovel -ready industrial use site, which was recently subdivided and is now known as Iowa City Industrial Campus; Whereas, in Resolution No. 15-229, the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell lots at the Iowa City Industrial Campus; Whereas, in Resolution No. 16-235, the City Council extended the term by one year to July 15, 2017; and Whereas, in Resolution No. 17-244, the City Council extended the term again by one year to July 15, 2018; and Whereas, it is in the best interest of the City to extend the term by one year to July 15, 2019. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Third Amendment to Commercial Listing Agreement. Passed and approved this 17th day of Attest: Deputyits Clerk Approved by S s- City Attorney's Office July 2018. G ZA ayor Resolution No. 18-206 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Botchway Cole Mims Salih Taylor Thomas Throgmorton Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 THIRD AMENDMENT TO COMMERCIAL LISTING CONTRACT WHEREAS, on July 15, 2015, Lepic-Kroeger, Realtors (Broker`) and the City of Iowa City (`Owner') entered into the Commercial Listing Contract (`Agreement') in which Owner authorized Broker to be its exclusive agent in the sale of lots at 420" Street Industrial Park; WHEREAS, 4201^ Street Industrial Park was recently subdivided and is now known as Iowa City Industrial Campus; and WHEREAS, the term of the Agreement was for one-year and the parties extended the term twice for one-year periods by written agreement which expires July 15, 2018; and WHEREAS, the parties wish to extend the agreement for an additional year. THE PARTIES THEREFORE AGREE AS FOLLOWS: The "Expiration Time" in Paragraph 1 of the Agreement is amended by changing the ending date to "July 15, 2019." Exhibit A of the Agreement is deleted and the attached Exhibit A (Final Plat of Iowa City Industrial Campus) is substituted in lieu thereof All other terms and conditions of the Agreement, not inconsistent with this amendment, remain in full force and effect. Dated, this 17 th day of July, 2018. OWNER CITY OF IOWAICITY, IOWA By: go f Fruin City Manager EXHIBIT •� Y .3 �4- 4uL 80 x,11. fl n FINAL PLAT OF IOWA CITY INDUSTRIAL CAMPUS , WA CITY, JOHNSON COUNTY, IOWA i; C� / t' c ---------------------------------------- r _\ 1.' I me t_ �-i- `-- —•'. -l_. ��� Mom - __-_ •. N _'.� " - � �:�1;.�.-�... •,- a a"o,... ' e.... -..a... ate... _ �sy srokh EEL .Ev"�-•�p�.. a.�N9.a�..,•�'..�a i; C� / t' c ---------------------------------------- r _\ 1.' I ' t_ �-i- `-- —•'. -l_. ��� I erg ��=' � 3 � - __-_ •. N _'.� " - � �:�1;.�.-�... •,- a a"o,... ' e.... -..a... ate... _ �sy srokh i; C� / t' c ---------------------------------------- _ — - srokh � r � ®oaf CITY OF IOWA CIT ZE COUNCIL ACTION REPOR 3 July 17, 2018 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus Prepared By: Sue Dulek, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Wendy Ford, Eco. Dev. Coordinator Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: The City owns land off of 420th Street known as the Iowa City Industrial Campus and has since 2014 listed the property to market and promote the lots. In 2015, the City entered into a listing agreement with Lepic-Kroeger Realtors, which was extended twice each for one-year terms. This resolution extends the agreement again until July 15, 2019. Background / Analysis: In 2014, the City Council approved a one-year listing agreement with Binswanger Midwest of Illinois. In 2015, Council approved a one-year agreement with Lepic-Kroeger Realtors with Jeff Edberg as the designated agent. That agreement was extended two times, and expires July 15, 2018. This resolution will extend it to July 15, 2019. The sales commission remains the same at 6%. The 173 -acre shovel -ready industrial site was recently subdivided and is now known as Iowa City Industrial Campus. The sale of Lot 2 (approximately 11.2 acres) to Alexander Lumber, Inc. closed last week. The benefits to the City of having a listing agreement with a real estate company are that commercial realtors are connected to numerous networks that can be helpful in linking prospective buyers with sellers, they can prepare and distribute promotional materials including videos, and they are knowledgeable about the latest market trends. Prepared by Ben Clark, Public Works, 410 E. Washington Sl., Iowa City, IA 52240, (319) 356-5436 Resolution No. 18-207 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the August 22, 2017 Agreement by and between the City of Iowa City and Bolton & Menk, Inc. to provide consultant services for the West Riverbank Stabilization Project. Whereas, the City entered into an agreement with Bolton & Menk, Inc. for Preliminary Design, Final Design, Permitting, Bidding and Construction Services for the West Riverbank Stabilization Project (the "Project"); and Whereas, the Iowa Department of Natural Resources Conservation and Floodplains division is requiring a mussel survey to be conducted as part of the project prior to construction; and Whereas, the City now desires to expand the scope of the Project to include additional ecological investigation and permitting services that were not included in the original agreement; and Whereas, Consultant is willing to perform these additional services in exchange for additional compensation; and Whereas, funds are available in Account # P3981 West Riverbank Stabilization. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Amendment No. 1 to the December 2, 2016 consultant agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 1. Passed and approved this 17th day of July 2018 IZ r Attest: C Deputy City -Clerk Approved by City Attorney's Office I �II t It was moved by trims and seconded by Botchwav the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Botchway —X Cole —X Mims X Salih —X Taylor Thomas X Throgmorton CONSULTANT AGREEMENT AMENDMENT No. 1 THIS AMENDMENT'NO.1 to the August 22nd, 2017 CONSULTANT AGREEMENT for the West Riverbank Stabilization Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Bolton & Menk, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant is made and entered into this 17th day of July , 2018. WHEREAS, the City entered into an agreement with the Consultant for Preliminary Design, Final Design, Permitting, Bidding and Construction Services for the West Riverbank Stabilization Project (the "Project"); and WHEREAS, the Iowa Department of Natural Resources Conservation and Floodplains division is requiring a mussel survey to be conducted as part of the project prior to construction; and WHEREAS, the City now desires to expand the scope of the Project to include additional ecological investigation and permitting services that were not included in the original agreement; and WHEREAS, Consultant is willing to perform these additional services in exchange for additional compensation; and WHEREAS, funds are available in the West Riverbank Stabilization and Trail fund. NOW THEREFORE, it is agreed by and between the parties hereto that the Agreement is hereby amended as follows: I. SCOPE OF SERVICES Consultant agrees to perform the following additional services for the City, and to do so in a timely and satisfactory manner. A. Conduct a quantitative/qualitative mussel survey to determine the potential presence of federal and/or state (Iowa) threatened or endangered mussel species at the proposed river bank stabilization site on the west bank of the Iowa River immediately upstream of the U.S. Hwy 6 bridge, and continuing approximately 625 feet upstream. I. Sampling protocol will be quantitative and qualitative, following that of Miller and Payne (1994). ii. Randomly sample 20 locations distributed throughout the area. Since it is anticipated more mussels may be present near shore, sampling locations will include representative sites near shore as well as throughout the main stream body. Specific sampling points to be determined on site and marked via GPS coordinates. iii. In sampling 20 locations, collect 40 quarter -meter quantitative substrate samples (20 x 2 x .25 m2 = 10 m2). Conduct five-minute qualitative searches at each location (20 x 5 min = 1 hrs, 40 min.). Additional sampling locations may be added as deemed necessary. iv. Each quantitative/qualitative sample shall consist of a cluster of two quarter - meter whole substrate collections. The substrate shall be removed to a depth of 10.2 to 15.2 cm (4 to 6 inches) and brought to the surface where the sample will be sieved through a series of screens, the smallest mesh of which will be 6.35 mm (1/4 inch). Material retained on each screen shall be examined for live mussels. In addition, five-minute qualitative timed search samples shall be collected at each location. V. All mussels encountered shall be identified, enumerated, and measured. All threatened or endangered individuals and representative specimens of other species shall be photographed. Nomenclature will follow Turgeon, et al. (1998). Captured mussels shall be kept in shaded ambient water during sample processing. Ancillary data shall include substrate type, depth, temperature, water clarity, etc. Each sampling location shall be identified by GPS coordinates. vi. Mussels shall be handled in a manner acceptable to the Iowa Department of Natural Resources and shall include guidelines recommended by the US Fish and Wildlife Service for handling endangered species. Both federal and state listed species shall be returned to the location where they were captured. All non -listed mussels collected should be salvaged from the work area and placed in suitable habitat upstream. B. Mussel Survey Report A job completion report shall be prepared for this site location. It shall include methodology, a description of all tasks completed, problems encountered, and pertinent observations. Data shall be processed on computer and shall include a listing of all species encountered, numbers encountered, percent relative abundance, and densities. A cumulative numbers versus species curve shall be developed to show probability of having collected all species present in the area. Color photos shall be incorporated into the report to depict typical views of the site and representative specimens collected. Copies of all original Feld data sheets shall be presented as an appendix in the final report. Typical reports for this type of survey with appendices are usually about 40 to 50 pages and are spiral -bound. ii. One draft of the report shall be presented to the client for review and approval followed by bound copies and an electronic copy of the final report. In accordance with our collecting permit requirements, additional electronic copies of the approved final report shall be distributed to the Iowa Department of Natural Resources and the US Fish and Wildlife Service, Office of Endangered Species in Ft. Snelling; the US Fish and Wildlife Service, Moline Field Office. C. Coordination with Regulatory Agencies The results of the survey shall be discussed in a conference call with the Iowa Department of Natural Resources, US Fish and Wildlife Service, and the US Army Corps of Engineers. D. ADDITIONAL SERVICES If threatened or endangered species are found or sufficient evidence exists to suggest that they will be encountered during construction, additional work will likely be required to coordinate with regulatory agencies, properly document and relocate the mussels and monitor their condition subsequent to relocation. Beyond the mussel relocation, regulatory agencies may require additional mitigation measures including, but not limited to design and construction of avoidance measures, design and construction of habitat, and in -lieu fee. Relocation, monitoring, and mitigation work is not included in this scope of services and for the purposes of this agreement it is assumed that no additional work will be required for the regulatory agencies to a determination of no effect to threatened or endangered species. TIME OF COMPLETION It is anticipated that mussel sampling will take one field day. Sampling must occur when water temperatures are above 40 degrees (preferably above 50 degrees) and when proper flow conditions exist. In order to satisfy temperature requirements, the survey should be completed between May 15 and November 1 of 2018. A revised schedule is attached. III. COMPENSATION FOR SERVICES In consideration for performance of the above-described additional Scope of Services, the Consultant shall be compensated a not -to -exceed lump sum of $28,072.00. The total compensation for services, as herein amended, shall not exceed $87,813. IV. All other provisions of the August 22nd, 2017 Consultant Agreement not specifically amended herein shall remain in full force and effect. FORZ / �1} By: L . Title: mn„" / Date:n7/t7/ t�/��/ t S ATTEST: F R THE CONSULTANT By: e" Title: SGL1't0,— P{p,¢G� �y�tyyyPv Date: 71.5/&O/ B$ Approved by: "_�Ccta A'�-�w , City Attomeys Office Date CITY OF IOWA CIT 07.17-18 COUNCIL ACTION REPO Sd(2) July 17, 2018 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the August 22, 2017 Agreement by and between the City of Iowa City and Bolton & Menk, Inc. to provide consultant services for the West Riverbank Stabilization Project. Prepared By: Ben Clark - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: $28,072.00 available in the West Riverbank Stabilization and Trail fund #P3981. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment Executive Summary: The West Riverbank Stabilization Project will rebuild a severely eroded stretch of river bank on the west side of the Iowa River, north of Highway 6. The Iowa Department of Natural Resources is now requiring a mussel survey to be conducted as part of the project. The survey was not included in the original scope of work. Background / Analysis: High water along the Iowa River, particularly during the 2013 and 2014 flood events, has accelerated bank erosion along the west side of the Iowa River just north of Highway 6. If left unchecked, loss of property will result and will preclude the installation of a long planned recreational trail along that stretch of the Iowa River. The project will generally include grading, installation of rip rap, construction of a retaining wall and other related work that will stabilize the river bank and accommodate a future recreational trail. During the permitting process, the DNR has determined a mussel survey is required. The mussel survey was not included as part of the original contract scope. The negotiated cost for these services is $28,072.00. Prepared by: Kevin Slutts, Water Superintendent, 80 Stephen Atkins Dr., Iowa City, IA 52240 (319) 356-5162 Resolution No. 18-208 Resolution authorizing the procurement of water meters for the City's Water Division for Fiscal Year 2019 Whereas, water meters are necessary to facilitate utility billing for the City of Iowa City; and Whereas, water meters are purchased regularly throughout the fiscal year for new water accounts and to upgrade old or nonfunctional meters; and Whereas, to ensure compatibility between water meters and existing electronic equipment and software used by the Water Division, Staff recommends the purchase of Neptune water meters; and Whereas, Ferguson Waterworks is the only authorized distributor of Neptune water meters in this area; and Whereas, staff recommends award of a purchase contract with Ferguson Waterworks; and Whereas, the budgeted fiscal year 2019 amount for the purchase of water meters is $200,000; and Whereas, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and Whereas, funds for this purchase are available in account # 73730140; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase. Passed and approved this 17th day of July 2018 May r Approved by Deputy City -Clerk I y ttomeys Office Resolution No. 18-208 Page 2 It was moved by Mims and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton r 1 CITY OF IOWA CIT` {��_„_go �` COUNCIL ACTION REPO 3d(3) July 17, 2018 Resolution authorizing the procurement of water meters for the City's Water Division for Fiscal Year 2019 Prepared By: Kevin Slutts - Water Superintendent Reviewed By: Ron Knoche - Public Works Director, Geoff Fruin — City Manager Fiscal Impact: $200,000 available in account #73730140 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City purchases new water meters, which are required for utility billing, on an ongoing basis. The new meters are used to replace old or nonfunctional meters and for new water accounts. The purchase price for the water meters for fiscal year 2019 is $200.000. Background / Analysis: The City purchases new water meters on an ongoing basis for new water accounts and to upgrade old meters. The meters must be compatible with the City's meter reading equipment. Neptune Technology is the City's supplier for meter reading equipment. Neptune water meters are compatible with the Neptune meter reading equipment. Other meters have been tried and are not compatible. Therefore, to maintain compatibility, Neptune meters are required. Ferguson Waterworks is the only authorized distributor for the sale of Neptune water meters in this area. Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 18-209 Resolution accepting the work for the Wetherby Park Improvement Project Whereas, the Engineering Division has recommended that the work for construction of the Wetherby Park Improvement Project, as included in a contract between the City of Iowa City and LL Pelling Company of North Liberty, Iowa, dated April 18, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Parks Maintenance Fund account # R4342; and Whereas, the final contract price is $162,750.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of Ma r Attest: S�,Q = Deputy CI�— July ,2018 Approved by City Attorney's Office It was moved by Mims and seconded by Botchwav the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway % Cole x Mims x Salih x Taylor x Thomas x Throgmorton r 1 CITY O F IOWA C I o7_��-�s COUNCIL ACTION REPO 3d(4) July 17, 2018 Resolution accepting the work for the Wetherby Park Improvement Project Prepared By: Dave Panos - 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: Resolution, Engineer's Report Executive Summary: The project has been completed by LL Palling Company of North Liberty, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 166,235.00 ❖ Project Bid Received: $ 162,750.00 Project Actual Cost: $ 162,750.00 No change orders were required with this project. The Wetherby Park Improvement Project included work at Wetherby Park in Iowa City to install sport court improvements. Work for the project included site grading, HMA pavement installation for the court, fencing, basketball hoops, futsal goals, court surfacing and pavement markings. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT July 10, 2018 City Clerk Iowa City, Iowa Re: Wetherby Park Improvement Project Dear City Clerk: I hereby certify that the construction of the Wetherby Park Improvement Project has been completed by LL Pelling Company of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by Snyder & Associates, Inc. of Ankeny, Iowa. This project was bid as a unit price contract and the final contract price is $162,750.00 No change orders were required on this project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, �:7JJ Jason Havel, P.E. City Engineer 9(<->) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 18-210 Resolution authorizing the Mayor to sign an agreement with Public Access Television, Inc. to provide carriage public access and community programming and to distribute equipment. Whereas, Public Access Television, Inc. (PATV) provides public access and community programming pursuant to an agreement with the City that expires on July 31, 2018; Whereas, under the City's franchise agreement, Mediacom is required to collect public access funds that the City passes through to PATV; Whereas, the City's franchise agreement with Mediacom terminates on August 1, 2018; Whereas, Mediacom will continue to provide access to the cable system for purposes of public access and community programming at no cost to the City; Whereas, the attached agreement provides that PATV will continue to provide public access and community programming but with no financial support from the City; and Whereas, the attached agreement further provides that the City relinquishes all rights to the equipment that PATV has purchased over the years with the pass-through funds. Now, therefore, be in resolved by the City Council of the City of Iowa City, Iowa that: The Mayor is authorized to sign the attached agreement with Public Access Television, Inc. Passed and approved this 17th day of Ma)*r 2018. Approved Attest: Deputy Ci Jerk City Attorney's Office Resolution No. 18-210 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x ` x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton AGREEMENT This Agreement between the City of Iowa City, a municipal corporation ("The City"), and Public Access Television, Inc. ("PATV"), is being entered into in Iowa City, Iowa. WHEREAS, Iowa City and PATV entered into a contract entitled Agreement on May 10, 2015 ("2015 PATV Agreement") for the provision of public access and community programming on cable television by PATV; WHEREAS, the cable franchise agreement between Iowa City and MCC Iowa LCC ("Franchise Agreement") requires MCC Iowa LCC to make a payment by January 1 each year to Iowa City for public access and community programming, and Iowa City, in turn "passes through" the monies to PATV under the terms of the 2015 PATV Agreement; WHEREAS, the Franchise Agreement terminates on August 1, 2018; WHEREAS, pursuant to the 2015 PATV Agreement, all pass-through payments required by the Franchise Agreement should be fully paid to PATV by July 31, 2018; WHEREAS, the 2015 PATV Agreement will terminate on July 31, 2018; WHEREAS, Section 18E of the 2015 PATV Agreement included a list of assets and equipment purchased by PATV with public access funds; WHEREAS, the parties wish to enter into an agreement to address the status of assets and equipment and carriage access as of August 1, 2018 and thereafter. IT IS THEREFORE AGREED that: 1. The City relinquishes all claims to all PATV equipment, including but not limited to the equipment listed in Exhibit A of the 2015 PATV Agreement and to all other equipment held by PATV as of the date of this agreement whether purchased by PATV with City pass through funds since execution of the 2015 PATV Agreement or by contributions to or funds raised by PATV. 2. The City will allow PATV access to carriage on and connection to local cable systems for public access and community programming and continue current program promotional efforts as long as PATV continues to provide adequate public access and community programming services as reasonably determined by the City. Notwithstanding any other provision herein, the City may terminate this agreement if MCC Iowa LCC, its successor, or any other entity charges Iowa City a fee for carriage and/or access to the cable system. 3. PATV acknowledges and agrees that the City is not obligated to provide any funding to support PATV's operations and public access services. 4. This agreement shall automatically terminate if MCC Iowa LCC, its successor, or any other entity does not allow the City access to carriage on and connection to local cable systems for public access. 5. After the termination of the 2015 PATV Agreement, PATV's governing board shall have sole authority to set its policies and services to ensure maximum support throughout the Iowa City area and environs; to contract to provide content for non - cable delivery options; and to engage in other enterprise services as it determines appropriate. PUBLIC ACCESS TELEVISION, INC. By: Ge ' -o Sandoval, Executive Director THE CITY OF IOWA CITY By: 4+n Z. Ja es A. Throgmorton, Mayor �v�pr ved by: t, / �•(')/ 7L City Attorney's Office Attest: D City IClerk 7-iz- -1 a Date 7/17/18 Date 'r 1 CITY OF IOWA CIT -r �", COUNCIL ACTION REPO 3d(5) May 29, 2018 Resolution authorizing the Mayor to sign an agreement with Public Access Television, Inc. to provide carriage public access and community programming and to distribute equipment. Prepared By: Simon Andrew, Assistant to the City Manager Reviewed By: Sue Dulek, Assistant City Attorney Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: The current Franchise Agreement between the City of Iowa City and Public Access Television (PATV) for the provision of public access cable television programming terminates on July 31, 2018. The attached agreement continues PATV's ability to provide public access programming so long as channel access is provided by the cable television provider. The proposed agreement also stipulates that the City will relinquish any ownership claim on equipment purchased by PAN and recognizes that the City does not have future funding obligations for PATV operations and public access services. Background / Analysis: The attached resolution authorizes the Mayor to sign an agreement with PAN to continue access to the private cable television system. The current PAN agreement, approved in 2015, expires July 31, 2018. Under the current agreement, the cable television provider is required to collect public access funds that the City passes through to PATV. Upon the expiration of the City's franchise agreement, these pass-through funds will no longer be collected and available for public access services. The new agreement will continue to allow PATV channel access so long as the cable provider continues to provide the channel at no cost. The agreement will automatically terminate if PAN ceases to provide community programming services as reasonably determined by the City or should the cable provider discontinue access to the local cable system for public access programming. The City may also terminate the agreement if the cable provider charges a fee for access to the cable system. Both parties acknowledge that the City is not obligated to provide any funding to support PAN operations and public access services. In the agreement, the City relinquishes all claims to PAN equipment purchased with pass through funds or funds raised by PAN. Staff recommends approval 0 Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA; 319-356-5240 (CPA18-00001) Resolution No. 18-211 A resolution amending the Comprehensive plan, Annexation Policy, to add a section pertaining to affordable housing. Whereas, the Comprehensive Plan contains policies regarding annexation of land into the city; and Whereas, the Comprehensive Plan contains a goal of providing a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes, and Whereas, the Affordable Housing Action Plan includes a recommendation that consideration be given to an annexation policy that provides for affordable housing contributions, and Whereas, the Planning and Zoning Commission has reviewed an amendment to the Comprehensive Plan pertaining to affordable housing and has recommended approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: IC2030: Comprehensive Plan Update, Annexation Policy, is hereby amended to include the following: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on providing affordable units equal to 10% of the total units in the annexed area with an assurance of long term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option, preference shall be weighted toward options that help achieve better socia -economic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. Passed and approved this 17th day of July , 20 18 4:�� 4 . M or: if Approved by: Resolution No. 18-211 Page 2 v Attest: Csr�s 51, Julie Toparil, Deputy City Clerk r� City Attorney's ffice S:\PCD\Staff Reports\2018\CPA18-00001 Annex.Affordable Housing\Comp plan amendment RESOLUTION-07.19.2018.doc Resolution No. 18-211 Page 3 It was moved by Botchway and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: K4 Botchway Cole Mims Salih Taylor Thomas Throgmorton n;m Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA; 319-356-5240 (CPA18-00001) Resolution No. 18-211 A resolution amending the Comprehensive plan, Annexation Policy, to add a section pertaining to affordable housing. Whereas, the Comprehensive Plan contains policies regarding annexation of land into the city; and Whereas, the Comprehensive Plan contains a goal of providing a fnix of housing types within each neighborhood, to provide options for households ofYaf �pes (singles, families, retirees, etc.) and people of all incomes, and Whereas, the Affordable Housing Action Plan includesrecommendation that consideration be given to an annexa ion policy that providor affordable housing contributions, and Whereas, the Planning and Zoning ommission has renewed an amendment to the Comprehensive Plan pertaining to affordable housing and has recommended approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: IC2030: Comprehensive Plan Update, Annexation Policy, is hereby amended to include the following: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the d v/elopment will support the City's goal of creating and maintaining the supply of dffordable`housing. Such support shall be based on providing affordable units equal to 10°0 of the total units in the annexed area with an assurance of long term affordablity, preferably for a term of not less than 20 years. Income/targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular/circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the Rty or an affordable housing provider; fee -in -lieu p id to the City's affordable housing fund; and/or participation in a state or fed ral housing program. In determining the most desirable option consideration shall be given to the interest of both the City and the Iowa City Community S6hool District in not exacerbating the burdens on neighborhoods and elementary schools experiencing challeng s related to concentrations of poverty./ An agreement committing the Owner eeveloper to the affordable housing obligation, shall be required prior to annexatidy, and shall be further memorialized,/if necessary, in a conditional zoning agreemeit. Passed and approved this day of 20_. Mayor: Kellie Fruehling, City Clerk 0ro7 6_ ag->8 City Attorney's Office r r��CITY OF IOWA CITY 5b MEMORANDUM Date: July 11, 2018 To: Geoff Fruin, City Manager From: Anne Russett, Senior Planner Tracy Hightshoe, Neighborhood & Development Services Director Re: Comprehensive Plan — Affordable Housing Annexation Policy Introduction At the City Council's July 3, 2018 meeting the Council held a public hearing on an amendment to the Comprehensive Plan's Annexation Policy related to affordable housing. During that meeting the Council voted to continue the public hearing on the amendment to July 17 in order to obtain feedback from the Housing and Community Development Commission (HCDC) on the proposed policy. HCDC reviewed the draft policy at their July 10 meeting. In addition, the Mayor provided some feedback on the draft policy. Therefore, this memo outlines the following: 1. The original policy as drafted by staff; 2. Suggested language from the Mayor on revisions to the draft policy; and 3. Recommendations from HCDC on revisions to the draft policy. All revisions pertain to one sentence in the draft policy, which is in bold text below. Original Draft Policy: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on providing affordable units equal to 10% of the total units in the annexed area with an assurance of long term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee - in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option consideration shall be given to the interest of both the City and the Iowa City Community School District in not exacerbating the burdens on neighborhoods and elementary schools experiencing challenges related to concentrations of poverty. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. July 11, 2018 Page 2 Suggested language from the Mayor: Change the line in bold to: In determining the most desirable option preference shall be weighted toward options that help achieve better socio-economic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. HCDC Recommendation: Change the line in bold to: In determining the most desirable optionside•et'nn shall be given to ttie'^.e•e^' not exaGerbating the b .denF; on nei .l ghbOFheeand elernenta Fy GGhGo..neFienninn els Ghallennes preference shall be weighted toward options that support economic, educational, and community building opportunities for all residents and help achieve better socioeconomic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. CITY OF IOWA CITY 4e(1) MEMORANDUM Date: May 3, 2018 To: Planning and Zoning Commission From: Bob Miklo, Senior Planner Re: Comprehensive Plan — Affordable Housing Annexation Policy The City Council has asked the Planning and Zoning Commission to consider an amendment to the Comprehensive Plan's Annexation Policy to add a section pertaining to affordable housing. The proposed policy states: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on providing affordable units equal to 10% of the total units in the annexed area with an assurance of long term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option consideration shall be given to the interest of both the City and the Iowa City Community School District in not exacerbating the burdens on neighborhoods and elementary schools experiencing challenges related to concentrations of poverty. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. The current Annexation Policy is contained on page 17 of the Comprehensive Plan (copy attached — the full Comprehensive Plan can be found at httos:/Iwww.icaov.ora/comoolan). The attached memorandum from Geoff Fruin, City Manager, provides more details regarding the proposed policy. On May 3, the Commission will set a public hearing for May 17 to receive public comment on the proposed amendment. Attachments: 1. February 26, 2018 Memorandum 2. Comprehensive Plan excerpts including current Annexation Policy 3. Map of annexations City of Iowa City MEMORANDUM Date: February 26, 2018 To: City Council From: Geoff Fruin, City Manager Re: Affordable Housing Action Plan — Annexation Policy Background: The Affordable Housing Action Plan includes a recommendation that consideration be given to an annexation policy that provides for affordable housing contributions The City's current annexation policy is found in section 2 of the Comprehensive Plan.(https://www.icgov.org/compplan). Text and maps of interest are found at pp. 16-18 and Sections 10 and 11 (Future Land Use and Fringe Area Map), and are attached. In Iowa City the practice has been to consider only voluntary annexations, i.e. a petition by the owner of the land requesting to be annexed as opposed to an application by the City to involuntarily annex property into the City. Under the City's policy, a voluntary annexation is generally viewed positively when 3 conditions exist: 1) the area under consideration falls within the long-range planning boundary; 2) Development in the area proposed for annexation will fulfill an identified need, without imposing an undue financial burden on the City, and, 3) Control of development is in the City's best interests. The broad parameters of the annexation policy serve the City well for several reasons. First, the City has no obligation to annex property. Its actions need only be reasonable and consistent with the annexation policy found in the Comprehensive Plan. Second, annexations are infrequent. Attached is a map showing the annexations to Iowa City since 2005. Only 7 have been for residential development of more than 10 units. Finally, each annexation presents variable issues that are often the subject of negotiation between the City and the landowner (e.g. infrastructure and public facility needs and costs, sewer and water fees, tax phase in). In researching this issue, City staff has found little in the way of annexation policies from other cities that specifically address affordable housing. For the most part, what is found is express or implicit requirements that any land which is annexed must comply with a city's inclusionary housing ordinance. For example, the City of Boulder has an inclusionary housing ordinance (Chapter 9-13, Boulder City Code) that applies to all residential development but does not address annexations. Staff contacted Boulder's Housing Division and was told by the Deputy Director that while they strive for certain benchmarks they intentionally do not have a written policy on annexations because each annexation is the subject of a negotiated agreement with the city, and each can bring different "community benefits." In crafting a policy, it is important to keep in mind that affordable housing measures that impose restrictions on the income of tenants and/or homeowners require income monitoring and verification. (e.g. Development Agreement with CA Ventures for units at Linn and Court; rental units provided in accordance with the Riverfront Crossings Inclusionary Housing ordinance). While the Developer is responsible for verifying income, oversight by the City is necessary both to educate Developers/Landlords with no experience in affordable housing, and to assure compliance. With the intensification and diversification of the City's affordable housing requirements, we have concerns about staff's ability to effectively provide such oversight with existing staff resources. The 03-01--" IP3 February 26, 2018 Page 2 literature suggests that this is a common concern. In the Lincoln Institute of Land Policy's Working Paper entitled Achieving Lasting Affordability through Inclusionary Housing . (2014) the authors' findings from their nationwide inventory include the following: Stewardship Practice The case study analysis provides unprecedented insight into the ways local jurisdictions handle stewardship as part of their inclusionary housing programs. Monitoring inclusionary housing units and engaging residents, developers, lenders and other partners are essential for ensuring lasting affordability. Despite evidence of best practices from other housing programs, such as CLTs [community land trusts], there is wide variation in local jurisdictions' approaches to stewardship—both the value placed on stewardship and the specific stewardship activities used. A common theme across programs was a lack of sufficient resources to sufficiently monitor and steward properties and homeowners. Local jurisdictions have also seen their inclusionary housing inventory evolve and become more diverse—with more rental units, varying affordability terms, and multiple partners—which makes stewardship more challenging to implement. While many jurisdictions retain monitoring and stewardship activities in- house, trends indicate more programs are partnering with external organizations to provide these services. (p.30) Recommendation: The following parameters have guided staffs development of an affordable housing criteria for annexations: 1. Allow for flexibility in addressing the issues presented by any particular annexation while at the same time giving land owners/developers notice of the basic parameters. 2. Make it consistent with our existing programs (e.g. 10% of units for developments with over 10 units in RFC; 15% TIF requirement; affordable defined as housing affordable to tenants at or below 60% area median income (AMI) and homeowners at or below 80% AMI) 3. Emphasize types of affordable housing contributions that will not require City income monitoring of private developments while allowing the flexibility to consider other options in appropriate situations. 4. A preference for long term affordability that does not require income monitoring by City staff. By providing basic parameters that clearly define affordable housing as a critical component to annexations we can give the City and the developer the flexibility to negotiate based on the variables of each annexation request. In some cases, it may be that fee -in -lieu of is desired, while in others it could be that partnerships with affordable housing providers or the donation of land for a future LIHTC project is most appropriate. Getting too specific with the policy may inhibit otherwise creative approaches to future annexations. With these parameters in mind, staff recommends adding the following to the criteria that must be satisfied in order for annexation to occur: February 26, 2018 Page 3 If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on a goal of providing affordable units equal to 10% of the total units in the annexed area. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary; in a conditional zoning agreement. After direction from Council, any proposed revision to the annexation policy will be presented to the Planning and Zoning Commission for its recommendation and then come back to Council in the form of a resolution amending the comprehensive plan. 15 McCollister Bridge, completed in 2009, is the first new roadway to be constructed over the Iowa River since the early 1960s. The bridge is part of McCollister Boulevard, an east -west arterial that will provide relief for Highway 6 to the north, connecting South Gilbert Street west to Mormon Trek Boulevard. Eventually the road will be extended east to Scott Boule- vard, opening up residential development throughout south Iowa City. Growth and Infrastructure Iowa City's growth policy is an integral part of the Comprehensive Plan in the following ways: • It defines a long-range planning boundary for Iowa City; • It establishes when annexations should occur; and • It establishes where the investment of public funds for infrastructure and improvements should oc- cur (namely roads, water, and sewer). The Growth Boundary defines the city�s potential corporate limits—land that, for the purposes of long- range planning, is projected to serve the city's growth need for 30-40 years. Sanitary sewer and streets are the most expensive items of public infrastructure that must be provided to all new development within the City. Land included in the growth area must have the potential to be connected to the sewer system, which is based on watershed boundaries. Guiding new developments to watersheds that can be served by gravity flow to the City�s sewage treatment plant facility enables the most cost effective provision of this essential City service. The growth boundary is used when making decisions regarding the extension of infrastruc- ture, the approval of subdivisions, the approval of agreements with other governmental jurisdictions re- garding growth, and in response to annexation requests. In addition, the City coordinates with private utili- ties to ensure that areas proposed for development can be fully served. A Public Works land inventory completed in 2006 indicates that Iowa City had more than 1,496 acres of va- cant residential land within city limits, mostly in the South and Northeast District The designated growth area contains an additional 3,095 acres of vacant residential land. Assuming that future residential develop- ment occurs at densities similar to recent development patterns, Iowa City could reach build out capacity in 2034. However, if residential development were to maximize current zoning capacity, Iowa City would not reach build out capacity until 2055. Neither of these assumptions accounts for the potential of infill develop- ment in areas like Riverfront Crossings and Towncrest. Infill development at higher densities would absorb some housing demand, thus conserving farmland and maximizing the use of infrastructure. Prioritization of Investment in Infrastructure When the City prioritizes public investment in infrastructure and public amenities, improvements that serve properties within the corporate limits of Iowa City that further the City's policy of compact and con- tiguous growth, including urban infill development, should be given priority. This policy will guide deci- sion-making for the City's Capital Improvement Program (CIP). The CIP is one of the most effective tools the City has to affect the timing and direction of growth, quality of life, the growth of basic industry, and the cost of housing. Historically the City invested in infrastructure to accommodate moderate growth ra- ther than building infrastructure prior to development In the future, City Council will use the CIP to effec- tively guide the location and timing of growth in the community through an annual review and prioritiza- tion of the CIP prior to the budget process. While continued development of new neighborhoods and employment areas are anticipated in the City's growth area, a significant policy focus for the City is to accommodate growth to the extent possible by fa- cilitating higher density urban infill development, such as in the Riverfront Crossings District, and through stabilization and revitalization efforts in existing neighborhoods and commercial areas, such as Down- town, Towncrest, and Sycamore Mall. Annexation Policy Growth and development outside the corporate boundaries, within the long-range planning area and be- yond, is influenced by the City through annexation and the Iowa City/Johnson County Fringe Area Agree- ment Annexations occur primarily in response to petitions filed by the owners of property requesting to be annexed. Voluntary annexation is generally viewed positively when the following conditions exist: 1. The area under consideration falls with the long-range planning boundary; 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue financial burden on the City; or 3. Control of development is in the City's best interest Annexations will typically be achieved through voluntary means. Involuntary annexations, which are initi- ated by the City against a property owner's wishes, are considered only in extraordinary circumstances. As part of any proposed annexation or development, the City must evaluate the capacity of existing infra- structure, including streets, water, and sewer. 17 A community cannot grow without major in- vestments In Infrastructure, including water purification and waste water treatment. In 2011, Iowa City's water treatment facility pro- vided an average of 5.54 million gallons of water per day to customers. 18 An aerial view or the eastern edge of Iowa Ory. An important goal of Iowa C ty's Comprehen- sive Plan is to manage urban growth by en- couraging compact and contiguous develop- ment. Contiguous development Is more effi- cient since building on land that Is adjacent to existing development and connecting into existing road and utility networks is cost and resource efficient and ensures that neighbor- hoods are not isolated. This saves money for developers, property owners, and taxpayers. Fringe Area Agreement State enabling legislation permits a city to regulate the subdivision of land within two miles of the Cit,/s corporate boundaries. This area is (mown as the urban fringe area. Counties that enact ordinances control the land uses permitted in this same area through zoning. In the interest of managing growth and development in Iowa City's two-mile fringe area in a mutually ac- ceptable manner, Johnson County and Iowa City have agreed on the appropriate land uses and standards for development As Johnson County considers rezoning applications and Iowa City reviews subdivisions, their decisions will be governed by the Iowa City/Johnson County Fringe Area Policy Agreement The Agreement focuses exurban development in the area north of Iowa City, encourages development in Iowa City�s growth area only upon annexation, and provides some incentive for the preservation of open space and environmentally sensitive features. The agreement has been working well to achieve the goals of both the City and County. Although it will be reviewed periodically for updates, the implementation of the Fringe Area Agreement will likely continue without significant changes. [See Fringe Area Map in the appendix to this document.] Growth and the Environment Iowa City's vision for the future includes environmental protection as a basic tenet This includes strong community support for the Sensitive Areas Ordinance (SAO). Growth and development should be man- aged such that the environmental quality of the community is not sacrificed. Measures should be taken in all private and public projects to ensure that any impacts on regulated environmental features are mini- mized. The City's Sensitive Areas Inventory identifies the general location of woodlands, wetlands, regulated slopes, hydric soils, prairie remnants, stream corridors, and archaeological sites (See the appendix). Based on the information provided in the inventory, an ordinance was adopted in 1995 to provide protections for the identified environmentally sensitive areas. The ordinance requires consideration of environmental features during the development process and encourages construction that respects and protects natural areas. As the City continues to grow and redevelop, natural areas that contribute to the health and charac- ter of the city will be protected. The City should encourage subdivisions that not only preserve environ- mental areas but that incorporate them as assets in the overall development as private or public open space. Res. No 29.7, Res. No 16.7 1.1 awes Res, NO 1443 132 assas J. LVILLE Res No i&M 0 lim ewes 2000-77 1 vkW OiRes. No W95 Oel a 39.6 ams PNW IOWA CITV :5 M MELROSEAVE Res. No 05.148 55 awes 0 0 Ret. No 07-245 I= TER in lea s; Res. No 06-349 AVE E AMR" ST rinal IOWACITY 51.9 ewes HEIGHT AA" MUSCATINEAVE % Russ. No 11-103 12.7 awes i of RMS. No was 10-291 Ras. No 13-334 a.es sues 2 37 a It I Rat No 104H '207 sma R". No 13435 . No 15135 15.14ams 28cres Res, No 86354 179 awas Res. No 14501 185 ams J,h—c,vn�,I�Gls � r 4 Date: July 11, 2018 CITY OF IOWA CITY MEMORANDUM To: Geoff Fruin, City Manager From: Anne Russett, Senior Planner Tracy Hightshoe, Neighborhood & Development Services Director Re: Comprehensive Plan — Affordable Housing Annexation Policy Introduction At the City Council's July 3, 2018 meeting the Council held a public hearing on an amendment to the Comprehensive Plan's Annexation Policy related to affordable housing. During that meeting the Council voted to continue the public hearing on the amendment to July 17 in order to obtain feedback from the Housing and Community Development Commission (HCDC) on the proposed policy. HCDC reviewed the draft policy at their July 10 meeting. In addition, the Mayor provided some feedback on the draft policy. Therefore, this memo outlines the following: 1. The original policy as drafted by staff; 2. Suggested language from the Mayor on revisions to the draft policy; and 3. Recommendations from HCDC on revisions to the draft policy. All revisions pertain to one sentence in the draft policy, which is in bold text below. Original Draft Policy: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on providing affordable units equal to 10% of the total units in the annexed area with an assurance of long term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee - in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option consideration shall be given to the interest of both the City and the Iowa City Community School District in not exacerbating the burdens on neighborhoods and elementary schools experiencing challenges related to concentrations of poverty. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. July 19, 2018 Page 2 Suggested language from the Mayor: Change the line in bold to: In determining the most desirable option r^'^t^^"^ gnngentrations of poverty,preference shall be weighted toward options that help achieve better socio-economic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. HCDC Recommendation: Change the line in bold to: In determining the most desirable option ^^^si^ 'mato^ `h"" be given t^ the of both the Gity and the Iowa Git y (`..w.w unity SGhegl-Distript O not P erbating the hur dpns n neighborhogds and elementary GGhegls experienGing Ghall... ges r^'^t^^' t^ gnngentrations of poverty,preference shall be weighted toward options that support economic, educational, and community building opportunities for all residents and help achieve better socioeconomic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. N Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 18-212 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Wastewater Treatment Facility Influent Channel Modifications Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the WWTF Influent Channel Modifications account # V3152. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 31' day of July, 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 7t' day of August 2018, or at a special meeting called for that purpose. Passed and approved this 17th day of July 2018. �J Maor Approved by Attest: v ct C���-(o-c S' Deputy City 6TBrk — ` City Attorney's Office Resolution No. 18-212 Page 2 It was moved by Mims and seconded by aotchway the Resolution be adopted, and upon roll call there were: Ayes: X x x x x x Nays: Absent: x Botchway Cole Mims Salih Taylor Thomas Throgmorton p22 CITY OF IOWA CITo,_„-,a COUNCIL ACTION REPO July 3, 2018 Resolution setting public hearing on July 17th, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Wastewater Treatment Facility Influent Channel Modifications Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark — Senior Civil Engineer Reviewed By: Tim Wilkey— Wastewater Superintendent Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: The estimated cost for this project is $158,000 and funds are available in the WWTF Influent Channel Modifications account #V3152. Recommendations: Staff: Approval Commission: N/A Attachments: None Executive Summary: This agenda item begins the bidding process for the Wastewater Treatment Facility Influent Channel Modifications Project. Background / Analysis: The Wastewater Treatment Facility has been experiencing grit build-up in the new influent channel that was constructed during the Wastewater Treatment Facilities Consolidation Project. This project will install fillets and weirs to help reduce maintenance and repairs associated with the sediment accumulation. It will also prevent sediment from accumulating and interfering with operations and flow metering. Plans and specifications were prepared by the original Engineer of Record at no extra charge to the City. The construction costs would have been incurred regardless had they been included in the original contract. Prepared by: Tracy Highlshoe, NDS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 1a -_2L3_ Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 16-216. Whereas, the Riverfront Crossings Affordable Housing Requirement set forth in Iowa City Code of Ordinances Section 14-2G-8 establishes an affordable housing requirement for certain projects, which may be met by providing on-site owner -occupied housing, on-site affordable rental housing, or by providing a fee in lieu contribution to an affordable housing fund to be established by the City; and Whereas, in accordance with Section 14 -2G -8F, the in -lieu contribution per dwelling unit shall be determined biennially by resolution of the City Council based on a formula that analyzes the difference between renting a market rate unit and renting a dwelling unit affordable to an income -qualified household; and Whereas, with assistance from the National Development Council, staff has developed a formula that analyzes the difference in project value comparing a market -rate project to a project with a 10% affordability requirement, and used this formula to determine a per-unit fee developers may opt to pay in lieu of providing affordable housing dwelling units; and Whereas, the formula takes into account local market conditions such as rents, vacancy rate, capitalization rate, HOME Fair Market Rents, operation expenses and unit mix; Whereas, using this formula the fee is $94,652 per unit; and Whereas, Resolution No. 16-216 established the current fee. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. In accordance with Section 14 -2G -8F, an owner may contribute to a Riverfront Crossings District affordable housing fund a fee in the amount of $94,652 per Affordable Housing dwelling unit the owner would otherwise be required to provide pursuant to Section 14- 2G-8. The fee applies to all affordable housing agreements entered into after passage of this resolution. 2. Resolution No. 16-216 is rescinded. Passed and approved this 171h day of July, 2018. Attest: Deputy Clty Clerk e__�4 /. ook�_ Ma r (0 City City Attorney's Office W Resolution No. 18-213 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x` x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton CITY OF 1 O WA CIT07-17.18 COUNCIL ACTION REPO July 17, 2018 Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 16-216. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Simon Andrew, Assistant to the City Manager Fiscal Impact: NA Recommendations: Staff: Approval Commission: NA Attachments: Resolution Executive Summary: The Riverfront Crossings Affordable Housing Requirement set forth in Iowa City Code of Ordinances 14-2G-14 establishes an affordable housing requirement for certain projects, which may be met by providing on-site affordable housing or by providing a fee -in -lieu of contribution to an affordable housing fund. The fee must be determined biennially by City Council resolution. In July of 2016, the fee, calculated with assistance by the National Development Council (NDC), was set at $80,872 per unit. The fee for the next two years, also calculated with assistance from NDC, is proposed to be $94,652 per unit. Background / Analysis: In 2016, the National Development Council assisted staff formulate the methodology for calculating a fee in lieu that would be paid by developers in lieu of including affordable housing in Riverfront Crossing developments subject to the affordable housing requirement. It was determined that the most appropriate methodology for arriving at a fee in lieu was to compare the value of a fully market rate development to the value of a development subject to the Riverfront Crossings 10% affordable unit requirement. The difference between these two values would be the fee in lieu since, under the ordinance, developers would be required to either provide the units on-site or pay the fee in lieu. To make the necessary computations, it was determined to use the standard process for valuing rental properties that is employed by the real estate and financial industries. The National Development Council worked with Cook Appraisal, Commercial Valuation Research Group, to prepare a multi -family housing and development study for the Iowa City market. This study serves as the basis for the fee in lieu. The study looks at various data, including number of units by bedroom/unit type, rents and vacancy levels by unit type, trending for rents and vacancy levels, and operating expense information and ratios. The National Development Council worked with Cook Appraisal to review the former methodology and update the data, specifically the capitalization rate (the rate of return of an investment property based on the income the property is expected to generate), vacancy rate, CITY OF IOWA CITY COUNCIL ACTION REPORT expense ratios, unit mix, and rents with 2017 information, the most recent information available. In the 2018 update, there is one change to the methodology used to calculate the fee in lieu. In the original methodology the utility allowance for tenant paid utilities was removed from the HOME Fair Market Rent, the maximum rent charged. In practice, upon signing an Affordable Housing Agreement, owners are allowed to charge up to the full HOME rent limit without subtracting a utility allowance. In the 2018 update, the utility allowance is no longer removed from the maximum rent to be consistent with the allowed rent in the Affordable Housing Agreements. After updating the model based on this recent data, the fee in lieu has been set at $94,652 per unit. ZONE 1 ONLY- NET FNIRs ap Rate 6.50% toancy 7.33% Overall Zone 1 vacancy. Vacancy rate for units built after 2009 is 4.47. panse Ratio 40% Rate recommended by Cook Appraisal pans, Ratio 45% Rate recommended by Cook Appraisal fordability 101. a Rents Per Mkt Study Zone 1 -Tenant paid utilities fordable Rents High HOME Rent ,it Mir, Per Market Study Zone 1 Distribution fordable Unit Mix Pro Rata with Market Units of Value Diff Used for FIL 100% Zone 1 Unit Distribution per Study Type Number Total Units Percent eff 267 3041 8.78% 1 764 3041 25.12'/. 2 1137 3041 37.39'/. 3 468 3041 15 39% 4 317 3041 10.42'/. 5 88 3041 2.89'/. 3041 100.00% 1 764 3041 25.12'/. 2 1137 3041 37.39'/. 3+ 873 3041 28.71/. 3041 100.00% 10% Affordable Type # Mkt Rent Net FMRs Gross Ren Eff 3 $ 734 $ 26,424 1 9 $ 805 $ 86,940 2 14 $ 965 $ 162,120 3 10 $1,450 $ 174,000 4+ 0 $2,077 $ - Eff 1 $ 625 $ 7,500 1 1 $ 723 $ 8,676 2 1 $ 956 $ 11,472 3 1 $ 1,391 $ 16,692 4+ 0 $ 1,684 $ - 40 $ 5,379 $ 493,824 Gross Rent $ 493,824 Vacancy $ 36,197 EGR $ 457.627 Expenses '$ 205,932 Income Approach to Value $ 3,872,226 e Differentialli in Lieu Mkt $ 4,250,833 Affordable $ 3,872,226 Unit $ 94,651.71 of Val Diff for FIL 100% Market Rate Type # Mkt Rent Gross Rent Eff 4 $ 734 $ 35,232 1 10 $ 805 $ 96,600 2 15 $ 965 $ 173,700 3 11 $ 1,450 $ 191,400 4+ 0 $ 2,077 $ - 40 $ 496,932 Gross Rent $ 496,932 Vacancy $ (36,425) EGR $ 460,507 Expenses $ 184,202.75 NOI $ 276,304 Income Approach to Value $ 4,250,833 1 764 3041 25.12'/. 2 1137 3041 37.39'/. 3+ 873 3041 28.71/. 3041 100.00% 10% Affordable Type # Mkt Rent Net FMRs Gross Ren Eff 3 $ 734 $ 26,424 1 9 $ 805 $ 86,940 2 14 $ 965 $ 162,120 3 10 $1,450 $ 174,000 4+ 0 $2,077 $ - Eff 1 $ 625 $ 7,500 1 1 $ 723 $ 8,676 2 1 $ 956 $ 11,472 3 1 $ 1,391 $ 16,692 4+ 0 $ 1,684 $ - 40 $ 5,379 $ 493,824 Gross Rent $ 493,824 Vacancy $ 36,197 EGR $ 457.627 Expenses '$ 205,932 Income Approach to Value $ 3,872,226 e Differentialli in Lieu Mkt $ 4,250,833 Affordable $ 3,872,226 Unit $ 94,651.71 of Val Diff for FIL Julie Voparil From: Kellie Fruehling Sent: Monday, July 16, 2018 6:36 AM To: Julie Voparil ate Handouts Distributed Subject: Fwd: Council and the public should be shown the fee -in -lieu formui3 `1L4L Sent from my iPhone (Date) Begin forwarded message: From: Cheryl <cherylcruise@aol.com> Date: July 15, 2018 at 3:06:33 PM CDT To: council@iowa-city.org Subject: Council and the public should be shown the fee -in -lieu formula 2 years ago this is what happened with the fee -in -lieu formula: Council was never shown the formula but just the "answer". The formula changed after the committee disbanded. NDC used Cook rental survey from Zone 1 as market rate. They used Fair Market Rent as "affordable". They used a mythical building with 30% 3 bedroom units. They used a 5% vacancy rate but did not apply expenses to vacant units. They used an expense ratio of 43% for market rate buildings and 47% for buildings with 30% affordable units. Problems: Council and the public should be shown the formula. Cook rental survey is voluntary and may represent 20% of all rental units. Some buildings are old. Amenities vary. This is not the same as new construction. Fair Market Rent is not the same as the Iowa City definition of affordable housing (paying 30% of income for rent). LIHTC rental tables should be used instead as they are 30% of income. This is what other cities do. Fair Market Rent is volatile. From 2017 to 2018 it goes down 6%. It is not necessary to use a mythical building. Apply the formula to the actual planned building. Vacant units still have expenses. An additional 4% of building gross rent to certify income of a handful of units is inaccurate. Whole buildings are managed year round for 6%. We do not know what changes have been made for the new "answer". Instead of this model we could use a model like Boulder CO where fee -in -lieu is based on type of unit, number of buildings in the development, and sq ft of unit. They recalculate every year and have a nice chart for developers on their public website. Or we could do as Chicago does and just make up a number for fee -in -lieu. Cheryl Cruise Iowa City IA Prepared by: Kirk Lehmann, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 18-214 Resolution adopting the Aid to Agencies process Whereas, the Iowa City Housing and Community Development Commission formed a subcommittee to discuss past and current practices and policies for the Aid to Agencies process of funding public service providers; and Whereas, the Iowa City Housing and Community Development Commission wishes to better balance stable funding for existing agencies with funding for developing agencies and/or agencies that have not historically received funding; and Whereas, the Iowa City Housing and Community Development Commission also wants to improve the Aid to Agencies process itself; and Whereas, the City solicited input from agencies, and held public meetings during which they discussed the Aid to Agencies process; and Whereas, the Aid to Agencies Process Recommendations dated July 10, 2018 is attached hereto as Appendix A; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix A be approved; and Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The Aid to Agencies Process Recommendations dated July 10, 2018, containing changes to the Aid to Agencies process and attached hereto as Appendix A, is hereby approved and adopted. Passed and approved this 171 day of July, 2018. Attest: Deputy C4 Clerk f - Mayor City Attorney's Office 10 Resolution No. Page 2 18-214 It was moved by Botchway and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS x x x' x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton the Appendix A "Emerging" Agency Funding. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. "Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of $15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be. revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. r 1 CITY OF IOWA CIT �r i!•r 07-17-18 COUNCIL ACTION REPO �° July 17, 2018 Resolution adopting the Aid to Agencies process Prepared By: Kirk Lehmann, Community Development Planner Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Director of Neighborhood and Development Services Fiscal Impact: None Recommendations: Staff: Approval Commission: Housing and Community Development Commission (HCDC), approval 8-0 Attachments: Resolution HCDC Memo Aid to Agencies Process Recommendations, dated July 10, 2018 Executive Summary: After its May 24, 2018 HCDC meeting, HCDC reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofits, but it also has funded new and developing agencies. The subcommittee developed recommendations to balance both functions of A2A funds while improving the allocation process. HCDC voted to send the recommendations to City Council for consideration after discussions on June 21 and July 10. Background/ Analysis: The attachment discusses the background, solutions and recommendations made by HCDC regarding the Aid to Agencies process. A summary of the recommendations is as follows: "Emerging" Funding. HCDC will set aside 5% for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds, allocated at a $5,000 minimum increment, will be allocated annually to help agencies develop. Applications will be simplified and separate from the United Way Joint Funding Process. They will be due at the same time as the City's HOME/CDBG funding round. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding (i.e. an agency awarded funds in 2019 could apply for Legacy funds in 2021). "Legacy" Funding. All remaining funds are reserved for "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. These funds, allocated at a $15,000 minimum increment, will be provided each year over two years (though funding may be subject to a prorated change depending on annual funding amounts). Applications will be through use the United Way Joint Funding Process. Regular reports,will be required, as will a minimum standard of performance. Ranking criteria will also be used to make the funding process more transparent and objective. HCDC will aim to apportion 70% / 25% / 5% of funds to High / Medium / Low priorities to spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. � r � ®�mat CITY OF IOWA CITY COUNCIL ACTION REPORT HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. CITY OF IOWA CITY MEMORANDUM Date: July 12, 2018 To: Iowa City City Council From: Housing and Community Development Commission Re: Aid to Agencies Recommendations Introduction: Following the May 24, 2018 Housing and Community Development Commission (HCDC) meeting, a subcommittee reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofit agencies. More recently, it has also provided new and developing agencies flexible funding. The subcommittee developed the following recommendations which seek to balance both functions of A2A funds, as well as improve the allocation process. HCDC voted to send the recommendations to City Council for consideration. History/Background: Several policies have been developed in the past to prioritize agencies for the funding allocation. • Legacy Agencies: In the past, agencies who continually receive funding each year were prioritized in funding allocations. This process provided a consistent source of funding for these agencies, allowing them to retain staff and anticipate budget amounts year-to-year. However, it made it difficult for new agencies to benefit from the program. • Priority Needs: The prioritization of agencies into low, medium, and high based on population served was developed to ensure funds had the greatest impact and is required by CITY STEPS. The current use of these categories in the allocation process tends to be ineffective because nearly all agencies attempt to meet the high priority category. • Minimum Threshold: A minimum funding threshold of $15,000 is set to allow for funding of a half-time or quarter position at an agency. The amount of staff time required to administer each grant and level of community benefit were also considered when the minimum threshold was implemented. An HCDC subcommittee solicited feedback from agencies and met June 7 and June 15, 2018 to identify ways to improve the A2A allocation process. The subcommittee drafted recommendations, which were reviewed by the full committee on June 21 and July 10. Discussion of Solutions: The subcommittee received comments from multiple A2A recipients, many of which echoed previously mentioned feedback. The following themes to improve the process were developed: • Enhance objectivity: Multiple agencies mentioned a desire to increase objectivity in allocating funds. They were supportive of objective criteria in evaluating applications. • Avoid duplication of work: HCDC should be careful about how to fund agencies that are doing the same work because they don't want to duplicate services with limited funds. • More clarity in expectations. Several agencies were confused about the process and exactly how HCDC chose to allocate funds. Understanding was also lacking on which agencies got to present to HCDC. Clearer expectations with agencies need to be set. • Minimum funding: Some saw a minimum funding amount as arbitrary. However, it makes the review process more manageable for HCDC and provides greater certainty for staffing. Based on this feedback, the subcommittee tried to balance stable funding with opportunities for new agencies. Recommendations primarily focus on sustainable funding for agencies, but they also provide funds for new agencies. The following summarizes general recommendations: July 12, 2018 Page 2 "Emerging" Agency Fundinq. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. "Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of $15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). For the first round, funding will be randomly staggered to spread applications between years. Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. Financial Impact: These recommendations will have no fiscal impact on the City. Fiscal impacts for agencies may include more evenly distributed funding around agencies and greater levels of transparency. Recommendation: HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. Io Appendix A er in " Aaencv Funding. HCDC will set aside 5% of A2A funds for "emerging" agencies, defin as a y agencies that have not existed as a legal entity for at least 2 years or have not receive 2A nds in any of the last 5 years. These funds will have ,000 funding minimum and will be to ed annually to help new organizations develop. is source should not be expected to b om permanent. Applications will be separate fr m the United Way Joint Funding Process, to 'ng them to be smaller and more Gusto ized. Applications will be due at the same time as th Ci 's HOME/CDBG funding round in cember, awarding funds closer to the reception of funds. ears from the year they wer funded, an Emerging Agency can apply for Legacy funding, i an agency was awarded merging funds in 2019, they could apply for Legacy funding in 2 Unused Emerging ency funding may be shifted to Legacy Agencies. "Legacy" Agency Funding. All remaini undin will be available to "legacy" agencies, defined as agencies that have existed as a legal t' for at least 2 years and have received A2A funding in any of the last 5 years. This fun is not guaranteed but will provide a minimum of $15,000 each year over 2 years (fundin ay ' subject to a prorated increase or decrease depending on annual funding amoun . For the rpt round, funding will be randomly staggered to spread applications between yea . Legacy agenda will use the United Way Joint Funding Process application and will sub regular reports to VDC to ensure accountability. If an agency does not perform to a inimum standard after its�fi�st year of funding, funds may be revoked. `e, HCDC will strive to app ion funds using the following guidelines: 70°Zo of funds to High priorities, 25% to M ium priorities, and 5% to Low priorities. This wil elp spread funding between priority 9 ups and reduce competition for high-priority designatlb s. Staff will recommend an/envy's priority level based on its central mission, and HCDC ill approve. If HCDC detera priority level does not have appropriate applications, funds y be moved between priroups. Page 2 of 9 Y Prepared by Wendy Ford, Eoon. Dev. Coordinator, 410 E Washington St Iowa City IA 52240 356-5248 Resolution No. 18-215 Resolution Approving an Agreement for Private Development By and Among the City, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City, and Ewing Land Development & Services, L.L.C. for Foster Road and The Vintage Cooperative Senior Living Whereas, Foster Road Developers, L.L.C. ("Developer") submitted a private redevelopment proposal for the Foster Road extension between Dubuque Street and Prairie du Chien and construction of a senior living facility (hereinafter the "Project), and a request for $3,367,000 in financial assistance from the City; and Whereas, on March 20, 2018, the Iowa City City Council adopted Resolution No. 18-75 approving the Faster Road Urban Renewal Plan (hereinafter referred to as the "Urban Renewal Plan" or "Plan") for the urban renewal area shown on Exhibit and legally described on Exhibit B attached thereto ("Urban Renewal Area" or "Area"); Whereas, in exchange for the $3,367,000 in tax increment rebate grant funds, the developers have committed to investing a minimum of $20,167,000 in development costs to construct approximately 3,400 linear feet of public infrastructure to extend Foster Road and an elder apartment housing development, including at least 50 dwelling units; and Whereas, approximately 45% of the tax increment generated from development within the Foster Road Urban Renewal Area will be set aside for low to moderate income housing assistance throughout the city in accordance with Iowa Code Chapter 403; and Whereas. Staff has reviewed the application and proposed Developer's Agreement and recommends approval; and Whereas, the City has determined the Project 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 City believes that the Project and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted; and Now therefore be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. That the Agreement for Private Development by and among the City of Iowa City Iowa, Foster Road Developers, LLC, Vintage Cooperative of Iowa City and Ewing Land Development & Services, LLC is in the public interest of the residents of Iowa City. 2. That said Agreement 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 Book: 5817 Page. 51 Seq:2 vage 3 of s Resolution No. 18-215 Page 2 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City Attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. 4. That the Mayor and City Clerk be and they are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein. 5. That the City Clerk be directed to certify and record the resolution at Foster Road Developers, LLC's expense. 6. That the City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this 17th day of Suly , 2018. l MAYOR Approved by ATTEST: a dew Deputy LERK Qs City Attorneys Office � lllllE3 Book: 5817 Page: 61 Seq:3 Page 4 of 9 Resolution No. —JB -,215 Page 3 It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x' x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton Book: 5817 Page: 51 Seq:4 AGREEMENT FOR PRIVATE DEVELOPMENT By and Among THE CITY OF IOWA CITY, IOWA, FOSTER ROAD DEVELOPERS, LLC, VINTAGE COOPERATIVE OF IOWA CITY, and EWING LAND DEVELOPMENT & SERVICES, L.L.C. Exhibit A Map of Urban Renewal Area Exhibit B Legal Description of Urban Renewal Area Exhibit C Legal Description of Development Property Exhibit D Minimum Improvements and Uses Exhibit E Planned Development Sensitive Areas Development Plan Exhibit F Certificate of Completion Exhibit G Enforceability Opinion Exhibit H Temporary Construction Easement Agreement Exhibit I Memorandum of Agreement for Private Development Exhibit J Annual Certification Exhibit K Certification of Qualified Costs and Expenses Exhibit L Notice of No Tax Abatement Receipt Exhibit M Wage Theft Affidavit Exhibit N Minimum Assessment Agreement THIS AGREEMENT FOR PRIVATE DEVELOPMENT is made by and among the City of Iowa City, Iowa ('City"), a municipality, established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Iowa Code Chapter 15A and 403 (2017), as amended, ('Urban Renewal Act"); Ewing Land Development & Services, L.L.C., a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 161h St., Pella, Iowa, 50219 ("Ewing"); Vintage Cooperative of Iowa City, a housing cooperative organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16`h St., Pella, Iowa 50219 ("Vintage"); and Foster Road Developers, LLC, a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 340 Herky Street, North Liberty, Iowa, 52317 ("Developer"),. WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of certain areas in the City and has undertaken an economic development area in the City; and WIIEREAS, on March 20, 2018, the Iowa City City Council adopted Resolution No. 18- 75 approving the Foster Road Urban Renewal Plan (hereinafter referred to as the "Urban Renewal Plan" or "Plan") for the urban renewal area shown on Exhibit A and legally described on Exhibit B ('Urban Renewal Area" or "Area"); and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of this Agreement has been or will be recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, such Urban Renewal Plan permits the City to respond to development opportunities as and when they may appear; and WHEREAS, Vintage and Developer desire to construct certain public improvements and elder apartment housing within the Urban Renewal Area, as further described in Exhibit D "Minimum Improvements and Uses" and Exhibit E "Planned Development Sensitive Areas Development Plan," (hereinafter, "the Project"); and WHEREAS, on March 6, 2018, the City approved Ordinance 18-4740, a rezoning ordinance that classified portions of the Area OPD/RS-12 in accordance with the Planned Development Sensitive Areas Development Plan, said Ordinance having been recorded in Book 5763, Page 541-563 in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the City has determined the Project 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 City believes that the Project and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted; and WHEREAS, Vintage and Developer are willing to develop or cause the Project to be completed in accordance with the uses specified in the Urban Renewal Plan and in accordance with this Agreement; and WHEREAS, the Project will generate, when complete, a minimum $14,000,000 of new tax base upon which taxes will be paid 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. 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. 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 attachments hereto, as the same may be from time to time modified, amended or supplemented. 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. Code means the Code of Iowa, 2017, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by Vintage and Developer on the Development Property and the other properties upon which the Public Improvements and Elder Apartment Housing will be located; the Construction Plans shall be as detailed in the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Development Property means that portion of the Foster Road Urban Renewal Area described in Exhibit C hereto. Dwelling Units shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used by one household for living, sleeping, cooking and eating meals to be constructed on the Development Property. l Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Section 8.1 of this Agreement. Elder Apartment Housing shall mean that portion of the Minimum Improvements related to the construction of elder apartment housing, as defined in the Iowa City Code of Ordinances, to be constructed by Vintage on the Development Property under this Agreement, as detailed in Exhibit D attached to this Agreement. Event of Default means any of the events described in Section 11.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by Vintage and/or Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Foster Road 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 Urban Renewal Plan. Low or Moderate -income Families means those families, including single person households, earning no more than eighty percent (80%) of the higher of the median family income of Johnson County or the State-wide non -metropolitan area, as determined by the latest United States Department of Housing and Urban Development, Section 8 income guidelines. Minimum Improvements shall mean the construction of the Public Improvements and Elder Apartment Housing, together with all related site improvements, as detailed in Exhibit D hereto. Mortgage means any mortgage or security agreement in which the Vintage and/or Developer have 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 Vintage and/or Developer under a policy or policies of insurance required to be provided and maintained by Vintage and/or Developer pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 18-4747 of the City, adopted on May 1, 2018, under which the taxes levied on the taxable property in the Foster Road Urban Renewal Area shall be divided and a portion paid into the Foster Road Urban Renewal Tax Increment Fund. Public Improvements shall mean that portion of the Minimum Improvements related to the Foster Road pavement, public utilities, sidewalks and associated site development to be completed by Developer on the Development Property under this Agreement which will be dedicated to the City at no cost to the City, as detailed in Exhibit D attached to this Agreement. 5 Qualified Costs and Expenses means the costs and expenses related to the design and constriction ofthe Public Improvements, including the cost for acquisition of land within the right- of-way to be dedicated to City; interest during construction until the substantial completion date as described in Section 3.3 herein and for not more than six months thereafter; costs for demolition, construction, landscaping, grading, drainage, engineering, plans and specifications for the Public Improvements; and legal costs actually incurred in the preparation and adoption of the Urban Renewal Plan and this Development Agreement, as well as the construction of the Public Improvements. Project 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. Tax Increments means those property tax revenues that are divided and made available to the City for deposit in the Foster Road Urban Renewal Tax Increment Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.11 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, acts of terrorism, 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 with respect to the City's obligations). Urban Renewal Plan means the Foster Road Urban Renewal Plan approved with respect to the Foster Road Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. 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. (g) Vintage and Developer will use their best efforts to obtain, or cause to be obtained, in a timely manner, with respect to the Elder Apartment Housing and Public Improvements, respectively, 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. (h) Ewing, Vintage and Developer have not received any notice from any local, state or federal official that the activities of Ewing, Vintage or 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 notified). Ewing, Vintage and Developer are 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 Ewing, Vintage and Developer are 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 with respect thereto. (i) Vintage and Developer have firm commitments for construction or acquisition and permanent financing for their respective obligations under the Project in an amount sufficient, together with equity commitments, to successfully complete the Elder Apartment Housing and Public Improvements, respectively, in accordance with the Construction Plans contemplated in this Agreement and the performance and maintenance bonds required under Section 6.8 hereof relative to the Public Improvements. 0) Vintage and Developer will cooperate fully with the City in resolution of any traffic, parking, and trash removal or public safety problems that may arise in connection with the construction and operation of the Minimum Improvements. (k) There are no actions, suits or proceedings pending or threatened against or affecting Ewing, Vintage or Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of Ewing, Vintage or Developer or which in any manner raises any questions affecting the validity of the Agreement or Ewing's, Vintage's and Developer's ability to perform their obligations under this Agreement. (1) Ewing and Developer would not undertake their obligations under this Agreement without the payment by the City of the Economic Development Grants pursuant to this Agreement. (m) Developer shall dedicate (1) the Public Improvements and (2) all rights-of-way acquired for purposes of constructing and maintaining the Public Improvements, if any, to the City once constructed to the City's satisfaction, at no cost to the City. (n) Vintage and Developer expect that, barring Unavoidable Delays, construction of the Elder Apartment Housing and Public Improvements, respectively, shall be complete on or before December 31, 2019. 8 ( C. 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 only, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Section 2.2 Representations and Warranties of Ewing Vintage and Developer. Ewing, Vintage and Developer make the following representations and warranties; such representations and warranties being limited to each of their respective entities: (a) Ewing 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 certificate of organization, operating agreement, any other agreement or the laws of the State of Iowa. (b) Vintage is a housing cooperative, duly organized under the laws of the State of Iowa, has the power to enter into this Agreement and to perform its obligations hereunder, and is not in violation of any provisions of its articles of incorporation, bylaws, any other agreement or the laws of the State of Iowa. (c) 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 certificate of organization, operating agreement, any other agreement or the laws of the State of Iowa. (d) This Agreement has been duly and validly authorized, executed and delivered by Ewing, Vintage and Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Ewing, Vintage and Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Ewing's, Vintage's and Developer's attorneys shall provide an enforceability opinion in a form in substantial compliance with Exhibit G to be signed concurrently with this Agreement. (e) 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 violation or breach of, the terms, conditions or provisions of the governing documents of Ewing, Vintage and Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Ewing, Vintage and/or Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (f) Vintage will cause the Elder Apartment Housing and Developer will cause the Public Improvements to be constricted, 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). 7 (o) Developer shall obtain from the City the necessary temporary construction easement to allow construction within the existing Foster Road right-of-way, including any rights necessary for the roadway pavement, sidewalk pavement and installation of the associated utilities. The agreement for said easement rights shall take a form substantially similar to the Temporary Construction Easement Agreement attached hereto as Exhibit H and incorporated herein by this reference. (p) Vintage and Developer shall obtain any and all easements or right-of-way necessary to construct and operate the Elder Apartment Housing and Public Improvements, respectively, from any other property owner through private negotiation. (q) Neither Ewing, Vintage nor Developer, nor any person or entity with an ownership interest of more than 25% of Ewing, Vintage or Developer have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. ARTICLE II1. CONSTRUCTION OF IMPROVEMENTS, TAXES AND PAYMENTS Section 3.1 Construction and Uses. (a) Vintage and Developer agree that they will cause the Elder Apartment Housing and Public Improvements, respectively, described in Exhibit D to be constructed on the Development Property in conformance with the Construction Plans submitted to and approved by the City, which shall be in accordance with the Conditional Zoning Agreement and the Planned Development Sensitive Areas Development Plan, attached as Exhibit E for reference. The scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale as detailed and outlined in the approved Construction Plans. (b) Vintage and Developer hereby commit to a project that includes a minimum total of $20,167,000 in development costs, including construction costs, architectural fees, land costs, and financing costs. Vintage and Developer shall provide to the City, on or before November 1, 2019, an engineer's certificate documenting these expenses, and any other documentation as may be requested by the City to demonstrate compliance with this investment requirement. (c) With regard to the obligation to install the Public Improvements set forth in Exhibit D, those Public Improvements shall be constructed in accordance with City specifications, and the obligation shall remain on Developer until completion by Developer and until acceptance by resolution of the City Council, as provided by law. All Public Improvements shall be constructed and installed by Developer according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspection shall not relieve or release Developer from its responsibility to construct said Public Improvements pursuant to the approved plans and specifications. Said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. If the City finds that the Public Improvements have been duly completed in compliance with this Agreement and 9 all City ordinances, policies and procedures, Developer provides the necessary security provided f by Section 6.8, and the City approves the Public Improvements, the City shall accept dedication of the Public Improvements by resolution. If the City determines that the Public Improvements are not acceptable,, or there is any other Event of Default under this Agreement, it shall notify the Developer within ten (10) business days in the form described in Section 3.4 below. Section 3.2 Construction Plans. Vintage and Developer shall cause Construction Plans to be provided for the Elder Apartment Housing and Public Improvements, respectively, which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and regulations. The City shall approve the Construction Plans in writing if: (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (c) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that: (a) any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans arc not as detailed or complete as the plans otherwise required for the issuance of a building permit; (b) approval of the Construction Plans by the City shall not relieve Ewing, Vintage and Developer of 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; (c) approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements as constructed. Section 3.3 Time for Commencement and Completion of Minimum Improvements. Subject to Unavoidable Delays, construction of the Minimum Improvements shall commence immediately upon execution of this Agreement, and shall be substantially completed on or before December 31, 2019. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. Section 3.4. Certificate of Completion. Upon written request of Vintage or Developer after completion of the Elder Apartment Housing and Public Improvements, respectively, the City will furnish a Certificate of Completion, in substantially the form set forth in Exhibit F attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of Ewing, Vintage and Developer to construct the Elder Apartment Housing and Public Improvements, respectively. l0 ( The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at Ewing, Vintage and Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.4, the City shall, within twenty (20) days after written request by Ewing, Vintage or Developer, provide Ewing, Vintage or Developer with a written statement indicating in adequate detail in what respects Ewing, Vintage or Developer failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts it will be necessary, in the opinion of the City, for Ewing, Vintage or Developer to take or perform in order to obtain such Certificate of Completion. Section 3.5. Real Property Taxes. Vintage and Developer and their successors shall pay or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Development Property acquired and owned by them and pursuant to the provisions of this Agreement. Until Vintage and Developer's obligations have been assumed by any other person or legal title to the property is vested in another person, all pursuant to the provisions of this Agreement, Vintage and Developer shall be solely responsible for all assessments and taxes. Vintage and Developer, for themselves and on behalf of their successors and assigns, agree that prior to the Termination Date: (a) They will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Development Property or Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (b) They will not seek any tax exemption deferral or abatement either presently or prospectively authorized under any State, federal or local law with respect to taxation of real property contained on the Development Property prior to the Termination Date. Section 3.6 Contractor Labor Law Compliance. Vintage and Developer will require, in their agreement with their general contractor, that the General Contractor i) comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91 C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91 A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Pair Labor Standards Act, and the Internal Revenue Code; ii) provide to the Developer and the City, no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; iii) demonstrate it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Minimum improvements; iv) provide to the City a certificate by the General Contractor's insurer that it has in force all insurance required with respect to construction of the Minimum Improvements; v) demonstrate that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91 C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. Vintage and Developer shall provide the City with sufficient evidence to establish compliance with this requirement prior to issuance of any building permit. ARTICLE 1V. COMPLETION GUARANTY Section 4.1 Ewing's and Vintage's Guaranty to Complete the Elder Apartment Housing (a) Subject to the terms of this Agreement, Ewing and Vintage unconditionally and absolutely guarantee to Developer: (i) to perform, complete, and pay for the construction of the Elder Apartment Housing in accordance with the Construction Plans, as such Plans have been submitted to and approved by the City, to have construction of the Elder Apartment Housing substantially complete on or before the later to occur of December 31, 2019, or the date that is six months after Developer's completion of the Public Improvements as required by Section 4.2(a)(i) below, and to pay all costs of said construction and all costs associated therewith; (ii) to perform, complete, and comply with the terms and provisions of this Agreement applicable to Ewing and Vintage; (iii) to pay the costs and fees of all contractors, architects and engineers employed by Ewing and/or Vintage to complete the Elder Apartment Housing. (iv) to pay all of Developer's reasonable costs and expenses, including, without limitation, attorney's fees, incurred in the enforcement of this Article IV. (b) Ewing and Vintage agree to indemnify, protect and hold forever harmless Developer, its members, managers, officers, agents, successors and assigns, from and against any liabilities, costs, expenses and losses, including, without limitation court costs and attorneys' fees and expenses, arising out of or resulting from Ewing's and/or Vintage's failure to construct the Elder Apartment Housing or otherwise comply with the terms and conditions of this Agreement. (c) The obligations of Ewing and Vintage hereunder shall be direct and independent of any obligations of Ewing and Vintage to the City and absolute and unconditional irrespective of the validity, legality or enforceability of this Agreement, or any other circumstances (except for those actions of Developer in violation of this Agreement or applicable law) which might otherwise constitute a legal or equitable discharge of a surety or guarantor (including, without limitation, the finding or conclusions of any proceeding under the federal Bankruptcy code or of similar present or future federal or state law), it being agreed that the obligations of Ewing and Vintage hereunder shall not be discharged except by performance as herein provided. (d) No failure or delay on the part of Developer in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 12 such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No amendment, modification, termination, or waiver of any provision of this Article IV nor consent to any departure by Ewing or Vintage therefrom, shall in any event be effective unless the same shall be in writing and signed by Developer, Ewing and Vintage and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice or demand on Ewing and Vintage in any case shall entitle Ewing and Vintage to any other or further notice or demand in similar or other circumstances. Section 4.2 Developer's Guaranty to Provide Access to Lot 3, Forest Hill Estates (a) Subject to the terms of this Agreement, Developer unconditionally and absolutely guarantees to Ewing and Vintage: (i) to perform, complete, and pay for the construction of the Public Improvements to Lot 3, Forest Hill Estates in accordance with the Plans, as such Plans have been submitted to and approved by the City to have the Public Improvements substantially complete on or before December 31, 2019, and to pay all costs of said construction and all costs associated therewith; (ii) to perforin, complete, and comply with the terms and provisions of this Agreement applicable to Developer; (iii) to pay the costs and fees of all contractors, architects and engineers employed by Developer to complete the Public Improvements. (iv) to pay all of Ewing's and Vintage's reasonable costs and expenses, including, without limitation, attorney's fees, incurred in the enforcement of this Article 1V. (b) Developer agrees to indemnify, protect and hold forever harmless Ewing and Vintage, its members, managers, shareholders, officers, agents, successors and assigns, from and against any liabilities. costs, expenses and losses, including, without limitation, court costs and attorneys' fees and expenses arising out of or resulting from Developer's failure to construct the Public Improvements to Lot 3, Forest Hill Estates or otherwise comply with the terms and conditions of this Agreement. (c) The obligations of Developer hereunder shall be direct and independent of any obligations of Developer to the City and absolute and unconditional irrespective of the validity, legality or enforceability of this Agreement, or any other circumstances (except for those actions of Ewing or Vintage in violation of this Agreement or applicable law) which might otherwise constitute a legal or equitable discharge of a surety or guarantor (including, without limitation, the finding or conclusions of any proceeding under the federal Bankruptcy code or of similar present or future federal or state law), it being agreed that the obligations of Developer hereunder shall not be discharged except by performance as herein provided. (d) No failure or delay on the part of Ewing or Vintage in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of 13 any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No amendment, modification, termination, or waiver of any provision of this Article IV nor consent to any departure by Developer therefrom, shall in any event be effective unless the same shall be in writing and signed by Ewing, Vintage and Developer, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice or demand on Developer in any case shall entitle Developer to any other or further notice or demand in similar or other circumstances. Section 4.3 Continuing Guaranties Ewing, Vintage and Developer hereby represent and agree that their respective obligation under this Article IV are continuing guaranties and (a) shall remain in full force and effect until the Minimum Improvements have been constructed and a Certificate of Completion has been received from the City as contemplated hereunder, (b) shall be governed by, and construed in accordance with, the laws of the State of Iowa, (c) shall be binding upon each party, its successors, and assigns, and (d) shall inure to the benefit of and be enforceable by each party its respective successors, transferees and assigns. Section 4.4 Jury Trial Waiver. The Developer, Ewing and Vintage hereby waive any right to jury tial of any claim, cross --claim or counter --claim relating to or arising out of or in connection with this Article IV. Section 4.5 Jurisdiction. For purposes of any actions relating to this Article IV, Ewing, Vintage and Developer consent to the personal jurisdiction of the state and federal courts of the State of Iowa. ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Vintage and/or Developer will provide written proof of and maintain or cause to be maintained at all times during Vintage and Developer's ownership and during the process of constructing the Minimum Improvements (and, from time to time at the request of the City, furnish the City with proof of coverage and/or payment of premiums on): i. Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis", in an amount equal to one hundred percent (100%) of the insurable value of the Public Improvements and Elder Apartment Housing, respectively, at the date of completion, and with coverage available in non -reporting form on the so-called "all risk" form of policy; ii. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and iii. Workers' compensation insurance with at least statutory coverage. 14 (b) Upon completion of construction of the Minimum Improvements and at all times IT prior to the Termination Date, Vintage and Developer shall maintain, or cause to be maintained, at its cost 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 Elder Apartment Housing and Public Improvements, respectively, under a policy or policies covering such risks as are ordinarily insured through property policies by similar businesses, including (without limitation to 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 $100,000. 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 with a deductible of $500,000. iii. Such other insurance, including workers' compensation insurance respecting all employees of Vintage and Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that Vintage and Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (c) All insurance required by this Article V shall be taken out and maintained in responsible insurance companies which are authorized under the laws of the Slate to assume the risks covered thereby. Vintage and 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 V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to Vintage and 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, Vintage and 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 V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Vintage and Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event Vintage and 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. 15 (d) Vintage and Developer agree to notify the City within two (2) days in the case of ( damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to Vintage or Developer, and Vintage and 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, Vintage and Developer will apply the Net Proceeds of any insurance relating to such damage received by the Vintage or Developer to the payment or reimbursement of the costs thereof. (e) Vintage and Developer shall complete the repair, reconstruction and restoration of the Elder Apartment Housing and Public Improvements, respectively, whether or not the Net Proceeds of insurance received by Vintage or Developer for such purposes are sufficient. (1) Notwithstanding anything contrary herein, Developer shall only be required to insure the Public Improvements until acceptance of the Public Improvements by the City and issuance of the maintenance bond. ARTICLE VI. COVENANTS OF VINTAGE AND DEVELOPER Section 6.1. Maintenance of Properties. Ewing and Developer will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Elder Apartment Housing and Public Improvements, respectively, 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. Section 6.2. Maintenance of Records. Vintage and 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 Vintage and Developer relating to this Project in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and Vintage and Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. Vintage and Developer will comply with all state, federal and local laws, rules and regulations relating to the Elder Apartment Housing and Public Improvements, respectively. Section 6.4. Non-discrimination. In the construction and operation of the Elder Apartment Housing and Public Improvements, respectively, Vintage and Developer shall not discriminate against any employee or applicant for employment, home buyer or tenant because of race, creed, color, sex, national origin, gender identity, marital status, sexual orientation, religion, age, disability, familial status, presence or absence of dependents or public assistance source of income. Vintage and Developer shall ensure that applicants for employment, employees, and tenants are considered and treated without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or 1 public assistance source of income origin. 4 16 Section 6.5. Available Information. Upon request, Vintage and Developer shall promptly i provide the City with copies of information requested by City that are related to this Agreement so that City can determine compliance with the Agreement. Section 6.6. LMI Requirements. The City, Ewing; Vintage and Developer acknowledge the statutory requirements of Chapter 403, Code of Iowa specifically with respect to the Low and Moderate Income (LMI) assistance. The current applicable percentage for Johnson County is 45%. The City will set funds aside from the Tax Increment received by the City under the Ordinance to comply with Iowa Code Section 403.22 before any Economic Development Grants are made to Developer. The statutory requirements with respect to LMI assistance may be met by the construction of LMI affordable Dwelling Units as part of the Project, which would decrease the required set aside funds. Section 6.7. Certification of Qualified Costs and Expenses, and Annual Certification. Developer shall certify to the City the amount of all Qualified Costs and Expenses submitted for reimbursement as Economic Development Grants and that such amounts are true and correct. Such certification shall take the form shown in Exhibit K attached hereto and shall be provided no later than November 1 of each year in which Developer incurs Qualified Costs and Expenses. To assist the City in monitoring and performance of Developer hereunder, a duly -authorized officer of Developer shall annually certify to the City: (a) proof that all ad valorem taxes on the Development Property and Minimum Improvements have been paid for the prior fiscal year; (b) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certification, and during the preceding twelve (12) months, 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 certification 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 shall be provided not later than November 1 of each year, commencing November 1, 2019 and ending on November 1, 2030, both dates inclusive. Such Annual Certification shall take the form shown in Exhibit J attached hereto. Developer shall provide additional supporting information for these certifications upon request of the City. Section 6.8. Bonding Requirements. Developer shall obtain, or require each of its general contractors to obtain, one or more bonds that guarantee the faithful performance of this Agreement for, in the aggregate, the anticipated full value of the completed Public Improvements and that further guarantee the prompt payment of all materials and labor. The performance bond(s) for the Public Improvements shall remain in effect until construction of such Public Improvements are complete, at which time a five-year maintenance bond shall be substituted for each performance bond. The bonds shall clearly specify Developer and City as joint obligees. Developer shall also comply with all City requirements for the construction of the Public Improvements. 17 Section 6.9. No Abatement. Homeowners who purchase or rent Dwelling Units within the Development Property are not eligible for tax abatement under any state, federal or local law, and Ewing shall inform prospective buyers of this information in writing prior to the sale to a buyer of any lots or Dwelling Units on the Development Property, and secure a receipt from all buyers that they received such information prior to the sale in the form of Exhibit L. Section 6.10. Minimum Assessment Agreement. Ewing, Vintage and Developer acknowledge and agree that the grant to the Developer provided for in Section 8.1 below contemplates that the property tax revenues generated from Lot 3, Forest Hill Estates, will be at least $14,000,000 once the Elder Apartment Housing described in Exhibit D is complete. Vintage hereby agrees to enter into a Minimum Assessment Agreement in a form in substantial compliance with Exhibit N attached hereto, in order to establish a Minimum Actual Value for the land and Elder Apartment Housing. Vintage acknowledges and agrees that it, or the owners of condominium units or residential cooperative shares sold, will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against Lot 3 and Minimum Improvements thereon. Vintage further agrees that, prior to the payment of the final economic development grant: (a) neither it nor its successors in interest to all or any portion of Lot 3 will seek administrative or judicial review of the applicability of any tax statute determined by any official to be applicable to the property, Vintage, or its successors in interest to all or any portion of Lot 3, or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (b) neither it nor its successors in interest to all or any portion of Lot 3 will seek administrative or judicial review of the constitutionality of any tax statute determined by any official to be applicable to the property, Vintage, or its successors in interest to all or any portion of Lot 3, 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, below the amount of $14,000,000 after taking into consideration any factors such as "roll- backs" which would reduce the taxable value of the Property as of January 1, 2020, ("Assessor's Minimum Actual Value") through: (i) willful destruction of the property, or any part thereof, (ii) a request to the City Assessor of Iowa City, Iowa to reduce the Minimum Actual Value of the property below the amount noted above; (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 below the amount noted above: 18 (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. Vintage and it successors in interest shall not, during the term of this Agreement, cause or voluntarily permit the property to become other than taxable property (except as permitted herein); to be taxable at an amount less than the Minimum Actual Values 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 Urban Renewal 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. Nothing contained herein is intended to, and shall not be construed to, in any way limit Vintage's right to sell condominium units or residential cooperative shares in the Elder Apartment Housing Project at any time subject to the terms of this Agreement and the applicable Minimum Assessment Agreement. Vintage agrees that it and its successors in interest, including owners of condominium units or cooperative housing shares sold, is bound by the applicable Minimum Assessment Agreements attached as Exhibits N, fixing the Minimum Actual Value of the property as approved by the Assessor and the City as set forth herein. Vintage shall provide to the City a title opinion showing all lienholders, and all such lienholders shall consent to the Minimum Assessment Agreement. Vintage contemplates that a portion of the Project will be residential condominium units which will be subject to the property tax "roll -back" referred to previously. Fwing 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 Vintage, the City and the City Assessor allocating a portion of the Minimum Actual Value to each unit. Vintage agrees that the difference between the Minimum Actual Value and the amount allocated to the residential condominium units for the Project will be allocated to the remainder of the Project. The Minimum Actual Values herein established shall be of no further force and effect and the Minimum Assessment Agreements shall terminate when the final economic development grant is paid in accordance with this Agreement. 19 The Minimum Assessment Agreements 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 VII. ASSIGNMENT AND TRANSFER Section 7.1 Representation as to Development. Vintage and Developer represent and agree that their undertakings pursuant to this Agreement are and will be used for the purpose of development of the Property and not for speculation in land holding. Vintage and Developer further recognize: (a) the importance of the development of the Property to the general welfare of the community, (b) the substantial financing and other public aids that have been made available by law and by the City for the purpose of making such development possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Vintage or Developer, or the degree thereof, is, for practical purposes, a transfer or disposition of the Property, and that the qualifications and identity of Vintage and Developer are of particular concern to the community and the City. Vintage and Developer recognize that it is because of such qualifications and identity that the City is entering into this Agreement. Section 7.2. Prohibition Against Transfer of Property and Assignment of Agreement. For the foregoing reasons, as security for the obligations of the Developer under this Agreement, Vintage and Developer represent and agree for themselves, and their successors and assigns, that prior to the Termination Date, Vintage and Developer will not dispose of all or substantially all of their assets or transfer, convey or assign its interest in the Development Property (except for right of way dedicated to the City which is expressly permitted), Public Improvements (except for the dedication of the Public Improvements to the City which is expressly permitted), Minimum Improvements (except the sale of condominium units or an interest in a multiple housing cooperative formed pursuant to Iowa Code Chapter 499A to persons who will occupy a Dwelling Unit as their residence), or this Agreement to any other party unless (i) the transferee partnership, corporation or individual assumes in writing all of the obligations of Ewing, Vintage or Developer (as the case may be) under this Agreement with respect to the portion of the Development Property being transferred and (ii) the City consents thereto in writing in advance thereof, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, however, or any other provisions of this Agreement, Vintage and Developer may pledge any and/or all of its assets as security for any financing of the Minimum Improvements, and the City agrees that Vintage and Developer may assign its interest under this Agreement as collateral for such purpose. The City shall be entitled to require, except for such transfers, assignments, leases, conveyances or sales allowed in this Section 7.2, as conditions to any such approval that: 20 (a) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Ewing, Vintage and Developer (or, in the event the transfer is of or relates to part of the Property, such obligations that relate to such part); (b) Any proposed transferee shall expressly assume, by instrument in writing satisfactory to the City and in form recordable among the land records, for itself, its successors and assigns, and expressly for the benefit of the City, all of the obligations of Ewing, Vintage and Developer under this Agreement and agree to be subject to all the conditions and restrictions to which the Developer is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions that relate to such part), Provided that in the event any transferee or successor in interest to the Property, or any part thereof, does not, for whatever reason, expressly assume or agree to such obligations, conditions and restrictions, such lack of assumption or agreement shall not relieve or except such transferee or successor of such obligations, conditions, or restrictions; nor shall it deprive or limit the City of any rights, remedies or controls with respect to the Property or the construction of the Minimum Improvements unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City. It being the intent that, to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement, no transfer of or change of ownership in the Property, any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights, remedies or controls provided in or resulting from this Agreement that the City would have had, had there been no such transfer or change; (c) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and, if approved by the City, its approval shall be indicated to Ewing, Vintage and Developer in writing; (d) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) of the Property to Ewing, Vintage and Developer (or allocable to the part thereof or interest therein transferred) and the Minimum Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of this Agreement or transfer of the Property (or any parts thereof) for profit prior to the completion of the Minimum Improvements: and (e) Ewing, Vintage and Developer and their transferee or successor shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of a specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve Ewing, Vintage and Developer, or any other party bound in any way by this Agreement or otherwise, of its respective obligations with respect to the construction of the Minimum Improvements, or from any of their ( other obligations under this Agreement. 21 Section 7.3. Information as to Parties in Control. To assist in the effectuation of the ( purposes of this Article VII and the statutory objectives generally, Ewing, Vintage and Developer agree that during the period between execution of this Agreement and completion of the Minimum Improvements as certified by the City, they will promptly notify the City of any and all changes whatsoever with respect to the identity of the parties in control of Ewing, Vintage and Developer. Section 7.4. Prohibition Against Use as Non -Taxable or Centrally -Assessed Property During the term of this Agreement, Vintage and Developer agree that no portion of the Development Property or Minimum Improvements shall be transferred or sold to a non-profit entity or used for a purpose that would exempt said portion of the Development Property from property tax liability. Notwithstanding the prior sentence, Vintage and Developer may convey portions of the Development Property to the City to be used by the City for public infrastructure, parks, trails or other public purposes. During the term of this Agreement, Vintage and Developer agree not to allow any portion of the Development Property or Minimum Improvements to be used as centrally -assessed property (including but not limited to, Iowa Code § 428.24 to 428.29 (Public Utility Plants and Related Personal Property); Chapter 433 (Telegraph and Telephone Company Property); Chapter 434 (Railway Property); Chapter 437 (Electric Transmission Lines); Chapter 437A (Property Used in the Production, Generation, Transmission or Delivery of Electricity or Natural Gas); and Chapter 438 (Pipeline Property)). ARTICLE VIII. CITY CONTRIBUTIONS TO PROJECT Section 8.1. Economic Development Grants. (a) Calculation of Grants. The City agrees to make annual payments to the Developer to reimburse it for the Qualified Cost and Expenses related to that portion of the Public Improvements from Dubuque Street east to Lot 4, Forest Hill Estates, and for 75% of those Qualified Costs and Expenses related to that portion of the Public Improvements adjacent to Lot 4 east to Prairie du Chien, subject to the Developer and Vintage having timely received a Certificate of Completion for construction of the Minimum Improvements in accordance with this Agreement and being and remaining in compliance with the terms of this Agreement, as follows: i. Commencing with the first fiscal year in which Tax Increment is received from the County under the Ordinance, and continuing until the expiration of the allowable time frame for the collection of Tax Increment under the Ordinance, the City agrees to make annual Economic Development Grants equal to 55 % of the "fax Increments, if any, received by the City under the Ordinance to reimburse Developer for Qualified Costs and Expenses (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), but subject to limitation and adjustment as provided in this Article. Such payments shall be referred to collectively as the "Economic Development Grants." For purposes of calculating that portion of the taxes allocated to and, when collected, paid into the Foster Road TIF Fund, the City first certified debt for the original Urban Renewal Area on December 1, 2020, setting the base value on the Area at the assessed value as of January 1, 2019, which shall be a minimum of $2,111,720. The taxes levied each year upon the assessed value of the taxable property in this Urban Renewal Area in excess of this base value shall be allocated to 22 and when collected be paid into the Foster Road TIF Fund, or other fund established by the County Auditor for payment of loans, advances, indebtedness or bonds payable from the division of property tax revenue pursuant to the Ordinance. (b) Maximum Amount of Economic Development Grants. The aggregate amount of the Economic Development Grants that may be paid to the Developer rider this Agreement shall be equal to the sum of the total amount of the applicable percentage ('allowing for the LMI set- aside as provided in Section 8.1 (a) above) of all Tax Increments collected under the Ordinance, but in no case shall exceed a total for all grants of the lesser of: (i) the actual cost of that portion of the Public Improvements as explained in Section 8.l(a) and documented as indicated in Section 8.1(e)or(ii)$3,367,000. It is further agreed and understood that the aforementioned $3,367,000 shall constitute the maximum amount of reimbursement for the Public Improvements. (c) Limitations. Developer acknowledges that each Economic Development Grant payment to be paid to it according to this Article VIII is wholly contingent upon and shall be limited to reimbursement of certain actual costs incurred with respect to construction of the Public Improvements as set forth in Section 8.1(a), and payment shall come solely and only from incremental taxes received by the City under Iowa Code Section 403.19 and the Ordinance. The City makes no assurance that the Developer will receive Economic Development Grants which cover the cost of the Public Improvements or which reach the stated maximum. Developer acknowledges that the increment generated from the Minimum Improvements alone is not anticipated to result in payment of the maximum an7ount of Economic Development Grants described in Section 8.1(b). (d) City Certification. Timing. The time period during which Tax Increment can be collected to pay annual Economic Development Grants shall end no later than ten (10) fiscal years begirming with the second fiscal year after the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the division of the revenue in connection with the Project. If Ewing, Vintage and Developer satisfy all of the terms of this Agreement, the City shall certify to the appropriate County office prior to December 1, 2020 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 County and paid to the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Developer on ,Tune 1 of that fiscal year. As an example, if the Minimum Improvements are built and fully assessed on January 1, 2020, and if Developer files the Certification required by Section 6.7 by November 1, 2020, the City would then review the Certification, and, if approved, and all other terms of this Agreement are satisfied, would certify by December 1, 2020 for the Tax Increment for collection by the County and payment to the City in fiscal year 2021-2022, allowing for an initial grant to be paid to Developer on June 1, 2022, all subject to the terns of this Article and this Agreement. (e) Certification of Qualified Costs and Expenses. The obligation of the City to make any Economic Development Grants shall be subject to and conditioned upon, among other things, the timely filing by Developer of the Certification required under Section 6.7 hereof and the City's approval thereof. Developer must submit accurate and sufficient documentation of the Qualified Costs and Expenses set forth in Section 8.1(a) to the City as part of its Certification. To receive reimbursement, Developer must attach to such Certification receipts and invoices for all Public 23 Improvement costs for the fiscal year for which Developer is requesting an Economic Development Grant that substantiates the amount of Qualified Costs and Expenses being reported. Section 8.2. 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 Foster Road Urban Renewal Area Tax Increment Revenue Fund of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the tern hereof and to apply the incremental taxes collected thereunder to pay the Economic Development Grants, as and to the extent set forth in this Article. 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 8.1 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 a finding from a court of competent jurisdiction to the effect that the use of Tax Increments to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate urban renewal 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, the City shall promptly forward a notice of the same to Ewing, Vintage and Developer. In the event litigation is commenced to challenge the use of Tax Increments to fund an Economic Development Grant to the Developer, the City shall proceed diligently, at its sole cost and expense, to defend such litigation, as it determines is reasonable in the exercise of the City Attorney's professional judgment. If the circumstances or legal constraints continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8. 1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to 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 Ewing, Vintage or Developer so long as the City timely applies the Tax Increments actually collected and held in the Foster Road Urban Renewal Tax Increment Fund (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 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all available Tax Increments in excess of the stated maximum or resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax hrcrements may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to Ewing, Vintage or Developer with respect to the use thereof. Section 8.4. Limitations. The Economic Development Grants are only for the Minimum Improvements described in this Agreement and not any future expansions which, to be eligible for ( Economic Development Grants, would be the subject of an amendment or new agreement, at the sole discretion of the City Council. 24 Section 8.5 Conditions Precedent. Notwithstanding the provisions of Section 8.1 above, the obligation of the City to make an Economic Development Grant in any year shall be subject to and conditioned upon the following as the time of payment: (a) compliance with the terms of this Agreement and payment of property taxes; (b) Execution of the Minimum Assessment Agreement, pursuant Section 6.10 of this Agreement, in a form shown in Exhibit N, attached hereto; (b) timely filing by Developer of the Certifications required under Sections 6.7 and 8.1 hereof and the City's approval thereof, and (c) Developer's execution of the Wage Theft Affidavit attached hereto as Exhibit M. In the event that an Event of Default occurs, the City shall have no obligation thereafter to make any payments to Developer in respect of the Economic Development Grants and the provisions of this Article shall terminate and be of no further force or effect. ARTICLE IX. RESERVED ARTICLE X. INDEMNIFICATION Section 10.1. Release and Indemnification Covenants. (a) Ewing and Vintage release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article X, the "Indemni tied 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 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 Elder Apartment Housing. (b) Developer release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article X, 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 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 Public Improvements (but only until the City accepts said Public Improvements and the maintenance bond has been issued on said Public Improvements). (c) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Ewing, Vintage and Developer agree 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 Ewing, Vintage or Developer against the City to enforce its rights under this 25 Agreement), (ii) the acquisition and condition of the Development Property and the construction, F installation, ownership, and operation of the Minimum Improvements or Public Improvements (but only until the City accepts said Public Improvements and the maintenance bond has been issued on said Public Improvements) or (iii) any hazardous substance or environmental contamination located in or on the Development Property. (d) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Ewing, Vintage and Developer or their officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Public 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. (e) The provisions of this Article X shall survive the termination of this Agreement. ARTICLE XI. DEFAULT AND REMEDIES Section l 1.1. 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 Vintage or Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; (b) Transfer of any interest in this Agreement or the Development Property or the Minimum Improvements in violation of the provisions of this Agreement; (c) Failure by Ewing, Vintage and Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) Prior to the issuance of Certificates of Completion for the Minimum Improvements, 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) Developer shall: i. 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 or ii. make an assignment for the benefit of its creditors; or iii, admit in writing its inability to pay its debts generally as they become due; 26 iv. be adjudicated bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as 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 Public Improvements. or part thereof, shall be appointed in any proceedings brought against Developer, and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (f) Any representation or warranty made by Ewing, Vintage or Developer in this Agreement, or made by Ewing, Vintage or Developer in any written statement or certification furnished by Ewing, Vintage or 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 11.2. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 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 11.1(d) or 11. l (e) of said Section 11.1) the giving of thirty (30) days' written notice by the City to Ewing and 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 (3 0) days and Ewing and Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from Ewing, Vintage and Developer, deemed adequate by the City, that they will cure their default and continue performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City shall be entitled to rescind the Economic Development Grants and recover from Developer all previously paid Economic Development Grants, with interest at the highest amount allowed by law, and the City may take any action, including any legal action it deems necessary, to recover such amounts from Developer; or (e) 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 Ewing, Vintage or Developer, as the case may be, under this Agreement. (f) The City may draw upon any maintenance or performance bond provided to the City pursuant to any of the terms of this Agreement according to its terms. 27 Section 11.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the it 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 11.4. No Implied Waiver. hr 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. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. Ewing, Vintage and Developer agree that, to the best of their knowledge and belief, no member, officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of this Project at any time during or after such persons' tenure. Section 12.2. 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 Ewing and Vintage, is addressed or delivered personally to 909 W. 16s' Street, Pella, Iowa 50219, Attn: Josh Cowman (b) In the case of the Developer, is addressed or delivered personally to 340 Herky Street, North Liberty, IA 52317, Attn: James P. Glasgow and Joseph G. Stiltner; and (b) In the case of the City, is addressed to or delivered personally to the City Manager at City Hall, 410 E. Washington St, Iowa City, Iowa, 52240, or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. 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. 1 Section 12.4. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement, in substantially the form attached as Exhibit I to serve as notice to 28 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. Section 12.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.7. Administration of Agreement by City. The City Manager or designee shall administer the rights and obligations of the City hereunder, and shall have the authority to provide any consent or approval of the City contemplated in this Agreement. Section 12.8. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.9. 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 12.10 No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, homebuyer, contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, landowner. subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. Section 12.11. Termination Date. This Agreement shall terminate and be of no firrther force or effect on and after July I following the tenth fiscal year beginning with the second fiscal year after the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the division of the revenue in connection with the Project, or other cause of termination exists as provided herein. For example, if the City first certifies loans, advances, indebtedness or bonds by December 1, 2019, the tenth fiscal year period ends June 30, 2031 and this Agreement would terminate on July 1, 2031. 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 Ewing, Vintage and Developer have caused this Agreement to be duly executed in its name and behalf by their authorized representative, on or as of the day first above written. [Remainder of this page intentionally left blank. Signature pages to follow.] 29 (SEAL) CITY OF IOWA Cl FY, IOWA BY: James A. Vhrogmorton, Mayor ff ATTEST: Approved By BY:ILI C Julie VOP -Ail, Deputy City Clerk City Attorney's Office -y`/2 Jry U CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this i P�4� day of July 2018, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Julie Voparil 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. SARA F. G. HEKTOEN Commission Number 737583 MyComm' io Expires 2d. -;Z0 �t v Y'4' 441-x Notary Public in and for the State of Iowa 30 VINTAGE C',CjRATI ` O IOWA CITY BY: ---, G.1,44 6 VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF :170wa )SS COUNTY OF �1.}, •,< ) ai� This instrument was acknowledged before me on this 17 day of "I 2018, by _ ___.;5k a,v�r as DrPs,"c�c�t- of VINTAGE OPERATIVE OF IOWA CITY. R ROBERT A. J � � - a, 47., Notary Public in and fol 1e State of Iowa Comml%on Number 2247!L oue My G�orymlon Expires 31 EWING�L 1 [SLOPMENT & SERVICES, L.L.C. BY: �.-�_----_ Member EWING LAND DEVELOPMENT & SERVICES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON } This instrument was acknowledged before me on this t 7" day of_, ,.Ju % 2018, by J f ewht _ and as Ctu,tec ofEWING LAND DF ELOPMENT & SERVICES, .L.C.. ^(/ ; PROBERNIN-9-11 commissi47.0 Notary Public in and for th tate of Iowa M ComT _, 32 r FOSTER ROAD DEVELOPERS, LLC BY: Z *A1 -c P James asgow, Manager BY: s. ! �:f�Z/ Josep . Stiltner, Manager FOSTER ROAD DEVELOPERS, LLC ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this /% day of July, 2018, by James P. �� � rPERS, LLC. Glasgow an Joseph G. Stiltner as managers of FOSTER ROAD D�ELO........ y �q MICHAEL J PUS Notary Public in�for t tate of Iowa 'f Common Number 175282 aw My Commies" epiiw July 26, 2018 (00246105 3) 33 EXHIBIT A MAP OF URBAN RENEWAL AREA Foster Road Urban Renewal Area wtiuhM a w 5 i � 4 Point of BegInn111A a x U,Wn Renewal Area q+E Parcel Lines 07 Di IMA Cm S 0 150 300 600 OFeel 34 EXHIBIT B LEGAL DESCRIPTION OF URBAN RENEWAL AREA Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100, Page 358; thence following said ROW line to its intersection with the East-West '/a Section line of NW '/, of Section 3, Township 79N, Range 6W; thence East along said Section line to the SE corner of the NE '/4 of the NW `/a of Section 3, Township 79N, Range 6W; thence continuing East along the East-West 1/4 section line to the SW corner of the NE 1/4 of the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re -subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book 253, to the Northwest comer of Lot 25, Conway's Subdivision, Plat Book 4, Page 253; thence northeasterly along the North boundary of Conway's Subdivision to the Northeast comer of Lot 15 and continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly along the eastern ROW line to the Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said line also being the South ROW of interstate 80 as shown in the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and Book 2944, Page 267; thence West along the Southl-80 ROW to the Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said corner being the intersection of the I-80 South ROW line and the East-West line between Section 3, Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along said section line to the Northwest corner of Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46, Page157; thence westerly along the south side of Pine Ridge Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the point of beginning 35 EXHIBIT C LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Lot 3, Forest Hill Estates, according to the amended plat thereof recorded in Book (o l , Page 1_a, in the records of the Johnson County, Iowa Recorder, and all of the Foster Road right-of-way from the centerline of the Dubuque Street right-of- way east to the eastern line of the Prairie du Chien right-of-way. 36 EXIIIBIT D MINIMUM IMPROVEMENTS AND USES Public Improvements Developer shall construct approximately 3,400 linear feet of public infrastructure to extend Foster Road from Dubuque Street to Prairie du Chien Road. Said public infrastructure shall include grading, landscaping in accordance with a City -approved landscaping plan; concrete paving a 36' wide arterial roadway, an 8' wide multi -use path along the north of the roadway, and 5' wide sidewalk along the south of the roadway; installing a 12" water main, storm sewer infrastructure, including piping, curb inlets, and perimeter drains, sanitary sewer, tile lines, drainageways; establishing erosion control measures as required by the City; and installation of fiber optic interconnect ducts. The roadway shall include a 2 -lane cross section with two (2) buffered, dedicated perimeter bike lanes along the entire length of roadway, with a turn lane at the intersection of Foster Road and Prairie du Chien Road. The lane width will be as determined by the City. Landscaping shall be installed according to a landscape plan to be approved by the City Forester, and in accordance with this Agreement and the Iowa City Code of Ordinances. The selection of street trees along the roadway will reflect species recommendations from the ISU Agricultural Extension Department. A mix of deciduous trees will be planted along both the North and South sides of Foster Road and will be located within the City -owned right-of-way. The trees will be planted to avoid utilities. The landscaping between the trees, as well as shoulder areas outside the sidewalks, will be planted with the Iowa DOT urban seed mix. Elder Apartment Housing Lot 3, Forest Hill Estates Subdivision, shall be developed by Ewing with an elder apartment housing development, as defined in the Iowa City Code of Ordinances, Section 14-9A, that includes at least 50 Dwelling Units consisting of a mix of 1 -bedroom, 2 -bedroom, and 3 -bedroom units. Said elder apartment housing development shall be constructed in accordance with the Sensitive Areas Development Plan approved pursuant to Ordinance 18-4740, as shown in Exhibit E hereto. 37 EXHIBIT E PLANNED DEVELOPMENT SENSITIVE AREAS DEVELOPMENT PLAN {00247778; 38 I r 4 r ja Q E W Q w 8 3 oU p o lil\ .l 1 j o � \ u� K� — _ a Z QLu CL O Z � - w w o Owa z O O p o LLJ w o> _ - Z � O W o0 W � 6 d' Z O U I J fq aD Q z w w m O a Q ° =ow LL w ri o < 3 Z Q w o - o �5 O Otr ? o oz a m� °oLLz U W 1— y U�¢ <� z 6$ a i J H fn w a H�a Nil - x� a- w Z W = a p '.-m .om w a_ O W LLI Z _ Q LL fA 1 lir 5 -e i� 3 Hoo .W i 1y`�-h r �a� 3'� d o c _€ 4 8 m e 5 a o c i S N LJ E � P r ire -VV � _ � �a � ggiy a�fls u � z � �� �, �o�� s�°z �� o � °s_ 84 B� i = a I e� x O J i �� I i o�� ea �� � ��� � _ � � ,\ 'i � –�'� _ Ts �'$ $� �s – '1 � � � k' - t� l,. i v o gm _. ,\ i �, \,V - i %', �, v �, , . � �' � �,. � � s�, r, �, .i i b "� ��� ��. � ����� � ��� J � � � �� � _ ��,.� _. � � I. \. �\ Q . r �/' � J \ l �� � � � 4 � � �\. � ��./ � JJJjjj � �.�� �� � ___ i. f � \ 11: ` � , _ `` �1 T ���� 1 �A :i�� �5 1�' ` _ � � I ' / r i II l �' � �� ._ C"3 � - � i� � � I F— / � rl f I I 7 Q I� r a_ �� i �.f ;,�' r i � �i O,, ,I ��� i `�.� , � �,, e ,��,�, � .,,,,� � � ., ,, ., _� . .z .� � �_ �- , ; -- �= I - �" .:_ � �� � .. % 1 _.. i .e ., E s NN z_ �o N N <Owo UI>z_ LLOOI � � N .Woo ZWX, 2 2 Q 0 y LL2aC 6 6 { i\G Jj\ { .,-- �- \\)\\\ \ \- - zm: -R :�� }}}\\}\\\ \ { EXHIBIT F CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City"), Vintage Cooperative of Iowa City ("Vintage"), and Foster Road Developers, LLC. ("Developer"), did on or about the 18th day of Jam, 2018, make, execute and deliver, each to the other, an Agreement for Private Development (the "Agreement"), wherein and whereby the Vintage and Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Lot 3, F orest Hill Estates, according to the amended plat thereof recorded in Book 62 , Page 109 , and all of the Foster Road right-of-way from the centerline of the Dubuque Street right-of-way east to the eastern line of the Prairie du Chien right-of-way. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated Vintage and Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, Vintage and Developer have to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of Vintage and Developer, their successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by Vintage and Developer, and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. [Remainder of this page intentionally left blank. Signature pages to follow.] 39 (SEAL) ATTEST: By: Kelli Fruehling, STATE OF IOWA CITY OF IOWA CITY, IOWA By: 14�6�ce Teague, Mayor ) SS COUNTY OF JOHNSON 5 On this ' .___day of.� t-t���, 2021, before me a Notary Public in and for said State, personally appeared , to me personaDx la]own�who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality 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 Municipality by it voluntarily executed. o s CHRISTINE OLNEY = k" CommissionNumber 806232 r. • • • t My Commission Expires OWA -S"c Notary Public in and for State of Iowa EXHIBIT G ENFORCEABILITY OPINION (to be printed on firm letterhead) City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Development by and among the City of Iowa City, Iowa Ewing Land Development & Services, L.L.C. , and Foster Road Developers, LLC. Dear City Representatives: We have acted as counsel for an Iowa limited liability company (the "Company"), in connection with the execution and delivery of a certain Agreement for Private Development (the "Development Agreement") among the Company, and the City of Iowa City, Iowa (the "City") dated as of 2018. We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the following: (a) The organization and operating agreement of the Company; (b) Resolutions of the Company at which action was taken with respect to the transactions covered by this opinion; (c) The Development Agreement; and such other documents and records as we have deemed relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: 1. The Company was duly organized and validly exists as a limited liability company under the laws of the State of Iowa and is qualified to do business in the State of Iowa. The Company has full power and authority to execute, deliver and perform in full the Development Agreement; and the Development Agreement was duly and validly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Company enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 2. The execution, delivery and performance by the Company of the Development Agreement and the carrying out of the terms thereof, will not result in violation of any provision of, or in default under, the articles of organization and operating agreement of the Company or any 41 indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to which the Company is a party or by which it or its property is bound or subject. 3. There are no actions, suits or proceedings pending or threatened against or affecting the Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Company or which in any manner raises any questions affecting the validity of the Agreement or the Company's ability to perform its obligations thereunder. Sincerely, 42 EXHIBIT H + TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement is made on this 10 day of /-Iw , 2018, by and among the City of Iowa City, Iowa ("City"), a municipality, Vintage Cooperative of Iowa City ("Vintage"), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16`h Street, Pella, Iowa 50219 and Foster Road Developers, LLC. ("Developer"), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 340 Herky Street, North Liberty, Iowa 52317. WHEREAS, Vintage is the fee owner of certain real estate legally described as Lot 3, Forest Hill Estates, according to the amended plat thereof recorded in Book Page LO!j, in the records of the Johnson County, Iowa Recorder ("Development Property"); and WHEREAS, Developer is the fee owner of certain real estate legally described as Lots 1, 2, 4 and 5, Forest Hill Estates, according to the plat thereof recorded in Book 62, Page 54, in the records of the Johnson County, Iowa Recorder; and WHEREAS, the City of Iowa City is the owner of certain real estate legally described as the Foster Road right-of-way from the centerline of the Dubuque Street right-of-way east to the eastern line of the Prairie du Chien right-of-way ("Right -of -Way"); and WHEREAS, Vintage, Developer and the City have entered into an Agreement for the Private Development of said Development Property and Right -of -Way, with a memorandum of said agreement having been recorded with the Johnson County Recorder in BookS"jj , PageS"on - 2018; WHEREAS, Vintage and Developer have requested the City permit the temporary private use of the Right -of -Way for construction of those right-of-way improvements described in the Agreement for Private Development; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public property; and WHEREAS, the Public Works Director has reviewed the requested private use, and finds that the impacts on municipal functions will be manageable, and also finds that such temporary private uses are in the public interest; and WHEREAS, the Director of Transportation Services has reviewed the requested temporary private use of the Right -of -Way, and finds that such request is reasonable. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 43 1. In consideration of the City's permission herein to temporarily close the Right -of -Way during construction of the project detailed in the above-described Development Agreement, Vintage and Developer agree to: a. secure the Right -of -Way against vehicular or pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, by providing adequate signage, and by securing all open excavations from pedestrians, thereby ensuring public safety. 2. In consideration of Vintage's and Developer's promises herein, the City agrees to allow Ewing and Developer to temporarily fence and close the Right -of -Way and to construct those certain improvements described in the Agreement for Private Development on and over the Right -of -Way pursuant to the limitations set forth in this easement agreement and the Agreement for Private Development. 3. Vintage and Developer agree to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. route pedestrians through or around the closed area as approved by the City during construction; b. provide adequate advance warning of such closure; and c. provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 4. Vintage and Developer shall be responsible for the removal, storage, and replacement of items located within the easement which could be damaged during the construction. Items include, but are not limited to, signage, parking gates, benches, bricks, planters, downspouts, lighting and electrical services. 5. Vintage and Developer agree to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of their actions and use of the public property under this Agreement, and those of their contractors, subcontractors, agents, employees and assigns specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Vintage and Developer to temporarily close a portion of public property described herein. Vintage and Developer further agree to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Vintage and Developer shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. Vintage and Developer shall submit a certificate of insurance to the City prior to the commencement of construction. 6. If Vintage and Developer fail to restore the easement area to the City's satisfaction as required in this Agreement, the City may restore the easement area, and the cost thereof shall 44 be billed to Vintage and Developer for payment to City. Upon Vintage and Developer's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property owned by Vintage and Developer described in the preamble hereto and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2017). 7. This Temporary Agreement shall remain in effect until completion of the Project and restoration of the easement area pursuant to Section 6 herein, with an anticipated commencement and completion date as set forth in Section 3. of the Development Agreement described above. 8. Notwithstanding the above, Vintage and Developer agree to cease and desist their temporary use and closure of the easement area and to remove any and all obstructions from said easement area in the event of a breach of this Agreement. 9. Vintage and Developer acknowledge and agree that no property right is conferred by this grant of permission to use the easement area. 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 11. This Agreement for Temporary Construction Easement shall be recorded in the Johnson County Recorder's Office, at Developer's expense. (SEAL) CITY OF IOWA CITY, IOW BY: �� James Al. Throgmorton, Mayor ATTEST: V BYE Juli aril, Deputy City Clerk VINTAGE C "RATI ' . F IOWA CITY BY: - oC ember --� FOSTER ROAD DEVELOPERS, C BY: James P. Glasgow,.Manager BY: Joseph G. Stiltner, Manager 45 be billed to Vintage and Developer for payment to City. Upon Vintage and Developer's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property owned by Vintage and Developer described in the preamble hereto and collected in the same manner as a property tax, as provided in Section 364.12(2)(0), Iowa Code (2017). 7. This Temporary Agreement shall remain in effect until completion of the Project and restoration of the easement area pursuant to Section 6 herein, with an anticipated�7 commencement and completion date as set forth in Section ✓� of the Development Agreement described above. 8. Notwithstanding the above, Vintage and Developer agree to cease and desist their temporary use and closure of the easement area and to remove any and all obstructions from said easement area in the event of a breach of this Agreement. 9. Vintage and Developer acknowledge and agree that no property right is conferred by this grant of permission to use the easement area. 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 11. This Agreement for Temporary Construction Easement shall be recorded in the Johnson County Recorder's Office, at Developer's expense. (SEAL) CITY OF IOWA CITY, IOWA nG,..� BY: ve /IT James A. Throgmorton, Mayofr ATTEST: Julie Voparil, Deputy City Clerk VINTAGE COOPERATI�E'OF IOWA CITY BY: Member ��5� !►�� Jame". Q. lasgow, Manager v BY: 11.r A . Josephp. Stiltner, Manager (00246105 3) 45 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this %'? 4. day of July 2018, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Julie Voparil tome personally known, who being duly sworn, did say that they are the Mayor and Deputy Clerk, respectively of-theCity City, Iowa, a Municipal Corporation, created and existing under the laws of the State o w"va, anu 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. oti CFIRISTINEOLNEY 1Z;01WA'P Commission Number 808232Mw Commission ExpiresNotary Public in and for State of Iowa -S -- VINTAGE COOPERATIVE OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on this day of July, 2018, by as Z' of VINTAGE COOPERATIVE OF IOWA CITY. Notary Public in and for the State of Iowa FOSTER ROAD DEVELOPERS, LLC ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this /A day of July, 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER DEVFhLOPERS, LLC. MICNAEL J PUGH Notary Public in an fort State of Iowa Commission Number 175282 My Commission Expires July 26, 2018 (00246105 3) 46 of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT 61K. WO)WITI 1 COUNTY OF JOHNSON On this 16� day of July 2018, before me a Notary Public in and for said County, red personally appeaJames A. Throgmorton and Julie Voparil tome personally known, who being duly sworn, did say that they are the Mayor and DeputylClerk, respectively of the City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, ana 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 tact and deed of said Municipal Corporation y jt voluntanlftheS�te � d. CHRISTINE OLNEY " Commission Number $06232 a Mac C mis ion Expires Notary Public in alof Iowa VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) w This insVument was acknowlgdged before me on this % 7 day of July, 2018, by Tos� COw'utc v , as 'Tof VINTAGE COOPERATIVE OF IO A CITY. ROBERT 1i.A10.11PUE Fes' G� `r Commission Nurrm+,er 2247 3 �..,.� My om ,' �iDn Lx m �-��-ac+.�c� Notary Public in and for t1fe State of Iowa FOSTER ROAD DEVELOPERS, LLC ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of July, 2018, by James P. Glasgow and Joseph G. Stiltnpr 9 managers of FOSTER ROAD DEVELOPERS, LLC. i' Notary Public in and for the State of Iowa 46 City of lowi Page 5 of 9 EXHIBIT I MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City"), Ewing Land Development & Services, L.L.C. ("Ewing"), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16'h St., Pella, Iowa, 50219, Vintage Cooperative of Iowa City, a housing cooperative organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16" St., Pella, Iowa 50219 ("Vintage"), and Foster Road Developers, LLC. ("Developer"), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 340 Herky Street, North Liberty, Iowa, 52317, did on or about the Iv°* day of July, 2018, make, execute and deliver an Agreement for Private Development (the "Agreement"), wherein and whereby Ewing, Vintage and Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Lot 3, Forest Hill Estates, according to the amended plat thereof recorded in Book Page /��! , and all of the Foster Road right-of-way located from the centerline of the Dubuque Street right-of-way east to the eastern line of the Prairie du Chien right-of-way. WHEREAS, the term of this Agreement shall commence on the %6r'�' day of J 2018 and terminate on the Termination Date, as set forth in the Agreement; and WHEREAS, the City, Ewing, Vintage and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, Iowa. 47 Book: 5817 Page: 51 Seq:5 Pago 6 of 9 IN WITNESS WHEREOF, the City, Ewing, Vintage and Developer have executed this Memorandum of Agreement for Private Development as of the L day of 2018. (SEAL) " ' CITY OF IOWA CITY, IOWA BY: kip James AyFhrogrnorton, Mayor l - ATTEST: l C BY: C r Julie Vo Deputy City Clerk EWING LAND DEVEL MENT & SERVICES, L.L.C. (OPPOM 5N BY. Member VINTAGE COOPERA i nE OF IOWA CITY BY: FOSTER ROAD DEVELOPERS, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this r \ day of July, 2018, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Supe Voparil to me personally known, who being duly sworn, did say that they are the Mayor and Deputy Clerk, respectively of the Catty of Iowr 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 (00246105 3) 48 Book: 5817 Page: 61 Seq:6 Page 7 of 9 resolution of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. C MISTINE OLNEY r COMA" tAgow Boom Notary Public in and for thotate of Iowa **w My can n*" Evka -6- EWING LAND DEVELOPMENT & SERVICES, L.L.C. STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before and & SERVICES, L.L.C. Notary VINTAGE COOPERATIVE OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON this day of , 20_, by of EWING LAND DEVELOPMENT State of Iowa This instrument was acknowledp& before me on this day of 20_, by as of VINTAGE COOPERATIVE OF IOWA CITY. FOSTER ROAD DEVELOPERS, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 1?4 day of July 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVE OPERS, LLC. op MICHAELJPt1t3H Notary Public in and for tietate of Iowa 1'4WMy CoommWon NumYK II oommlamon !ury 2b, 2018 100246105 3) 49 Book: 5817 Page: 51 Seq:7 Page 8 of 9 IN WITNESS WHEREOF, the City, Ewing, Vintage and Developer have executed this Memorandum of Agreement for Private Development as of the , day of 2018. (SEAL) CITY OF IOWA CITY; IOWA co;�oMrEsN BY: James A. ogmorton, Mayor ATTEST: BY:y Julie Vopar`i.l, Deputy City Clerk EWING LAND EVELOPMENT & SERVICES, L.L.C. BY: Member VINTAGE P T1V IOWA CITY BY: FOSTER ROAD BY: James P. Glasgow, BY: _ Joseph CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) COUNTY OF JOHNSON ) , Manager On this I'R PA� day of July, 2018, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Julie voparil tome personally known. who being duly Sworn, did say that they are the Mayor and Deputy Clerk, respectively of City of Iowa City, Iowa, a Municipal Corporation, created and existing unner 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 48 Book: 5817 Page: 51 Seq:8 Page 9 of 9 resolution of its City Council and said Mayor and Deputy Clerk acknowledged said the free act and deed of said Municipal Corporation by it voluntarily executed. oil CHR(STINEpLNEY _ f CanmV6nion Numbx tM4 Notary Public in ano e State of Iowa + • MY Canmisfkn Explru nwa EWING LAND DEVELOPMENT & SERVICES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged JcT' 61-,tivq and & SERVICES, 1.C. eeMM11++e. ROBERTA. JI�Di�4s F ComNeston rx,nt,e�r Y2Ir47 an 1':�Irea instrumentto be )SS before me on this 17i"day of wf 20f by ofEMNG LAND Dt-VELOPMENT Notary Public in and 46r the State of Iowa VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowled before me on this 17day of Jw I �us�tc>� '"A� as , t of VINTAGE COOPERATIVE F 1 CITY. G FOSTER ROAD DEVELOPERS, L.L.C. ACKNOWLED6UEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) 20 4 by This instrument was acknowledged before me on this day of July 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVELOPERS, LLC. Notary Public in and for the State of Iowa 49 Book: 5817 Page, 51 5eq;9 EXHIBIT J ANNUAL CERTIFICATION Date: (due annually no later than November 1) I, , the undersigned, having knowledge of the Developer's Agreement between the City of Iowa City and , dated 2018, and the operations of the Development Property, hereby certify the following; 1. All ad valorem taxes on the Development Property have been paid for the prior fiscal year, as evidenced by the attached documentation; and 2. (A) I have re-examined the terms and provisions of the Development Agreement and can affirm that 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 said 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 this certificate. OR (B) the undersigned has re-examined the terms and provisions of the Development Agreement and that at the date of this certificate, the undersigned is aware that the Developer is in default of the Agreement for the following reasons: that the default has existed since (date); and that the Developer is taking or proposes to take the following action with respect thereto: 3. has invested $ in completing the Minimum Improvements, as evidenced by and has taken all reasonably necessary action to maintain said improvements; By: Date: (Name, title) STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of 2018, by and , as members of Notary Public in and for the State of Iowa 50 EXHIBIT K DEVELOPER CERTIFICATION OF COSTS OF PUBLIC IMPROVEMENTS Foster Road Developers, L.L.C. ("Developer") hereby certifies that the expenses shown on the table below were/are the actual expenses incurred by the Developer for the Public Improvements that are the subject of the Agreement for Private Development entered into the day of , 2018. The Developer certifies that no expenses claimed or shown on this table relate to personal or unallowable expenses. In the event of an overpayment by the City for expenses not actually incurred, or if payment was received from another source for any portion of the expenses claimed, the Developer assumes responsibility for repaying the City in full for those expenses. Project Engineering, Construction Legal Drainage, Cost for Interest during Miscellaneous Cost Plans, Costs Costs Landscaping, ROW construction Category Specifications Grading acquisition and for not more than six months thereafter Invoice description and cost Invoice description and cost Invoice description and cost Invoice description and cost Invoice description and cost Invoice description and cost Invoice description and cost Invoice description and cost Total Cost per category If additional space is needed, please attach another table. Attach actual receipts and invoices [Remainder of this page intentionally left blank. Signature page to follow.] 51 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct to the best of my knowledge and belief. FOSTER ROAD DEVELOPERS, LLC By: u STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this /02 day of July 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVELOPERS, LLC. Notary Public in and for t e Slate of Iowa *M! M (00246105 3) 52 EXHIBIT L NOTICE OF NO TAX ABATEMENT RECEIPT To: By signing this form, you, the homebuyer, acknowledge receipt of this document, which informs you that as a homeowner purchasing the below -described property, you will not be eligible for tax abatement under the City of Iowa City's Urban Revitalization Plan, if any, or any other state, federal or local law. [legal description, property address] Signature: _ Print Name: Date: Address: 53 EXHIBIT M WAGE "THEFT AFFIDAVIT STATE OF IOWA ) ) ss: JOHNSON COUNTY) I, , upon being duly sworn, state as follows: 1. I am the of ("Developer") and have the authority to execute this affidavit on behalf of said Developer and any person or entity with an ownership interest in said Developer of more than 25%. 2. Neither Developer nor any person or entity with an ownership interest of more than 25% of Developer has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. This instrument was acknowledged before me on this day of , by as of Notary Public in and for the State of Iowa 54 EXHIBIT N MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this 19 fl� day of 2018, by and among the CITY OF IOWA CITY, IOWA, ('City"), VINTACiE COOPERATIVE OF IOWA CITY ('Owner"), and the CITY ASSESSOR of the City of Iowa City, Iowa ('Assessor"). WITNESSETH: WHEREAS, it is contemplated that the Owner will undertake or cause the undertaking of development of an area for elder apartment housing within the Foster Road Urban Renewal Area, as established by the Iowa City City Council, in accordance with the Foster Road Urban Renewal Plan and an Agreement for Private Development; and WHEREAS, the City is making a significant grant of funds to the Owner which will allow the Owner to construct the Project; and WHEREAS, the City will be reimbursed for such grant from the property tax revenues generated from the Foster Road Urban Renewal Area; and WHEREAS, pursuant to Iowa Code section 403.6 (2017), as amended, the City and the Redeveloper desire to establish a minimum actual value for the land locally known as Lot 3, Forest Hill Estate, Iowa City, Iowa; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and speci f cations for the Minimum Improvements to be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. As of January 1, 2020, a full assessment shall be made fixing the minimum actual taxable value for assessment purposes for the land and Minimum Improvements to be constructed thereon at not less than $14,000,000 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property ("Minimum Actual Value"). The parties hereto acknowledge and agree that construction of the Minimum Improvements will be substantially completed on or before December 31, 2019. 3. Owner recognizes that the economic development grants made pursuant to the Agreement for Private Development is conditional upon sufficient property taxes being generated by this Project. 4. Owner contemplates that a portion of the Project will be residential condominium units which will be subject to the property tax "roll -back" referred to previously. Owner agrees that at the time of the execution of the declaration required by Chapter 499B Horizontal Property 55 (Condominiums) of the Code of Iowa 2017 an attachment to the declaration will be executed by j the Owner, the City and the City Assessor allocating a portion of the Minimum Actual Value to each unit. 5. Owner agrees that the difference between the Minimum Actual Values (as adjusted pursuant to paragraph 3 hereof) and the amount allocated to the residential condominium units (as set forth in paragraph 4 hereof) will be allocated to the remainder of Lot 3. 6. The Minimum Actual Values (as adjusted pursuant to paragraph 3 hereof) herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate when the final economic development grant is paid in accordance with the Agreement. Nothing herein shall be deemed to waive Owner's rights under Iowa Code section 403.6(19) (2017), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Values (as adjusted pursuant to paragraph 3 hereof) established herein. In no event, however, except as set forth in the first paragraph of this Section 6 shall Owner seek to reduce the actual value assigned below the Minimum Actual Value (as adjusted pursuant to paragraph 3 hereof) established herein during the term of this Agreement. 7. This Minimum Assessment Agreement shall be promptly recorded by the Owner with the Recorder of Johnson County, Iowa, at Owner's cost, such recording 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. 8. Owner has provided a title opinion to the City listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed consents to this Assessment Agreement, which consents are attached hereto and made a part hereof. 9. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement for the Private Development between the City and Owner. 10. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. (SEAL) CITY OF IOWA CITY, IO A By: Janfes A Throgmorton, Mayor ATTEST: oV,��� . JulSulie Vopar 1, Deputy City� Clerk 56 VINTAGE COOPERATIVE F IOWA CITY ("Vintage"), OWNER, I _ Member CITY OF IOWA CITY, IOWA ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this )6f"' day of 1 c , 20 Jo, before me a Notary Public in and for said County, personally appearedg n and . l(&p,-i ( , to me personally known, who being duly sworn, did say that they are the Mayor and Deputy City Clerk respectively of 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. SARA F. G HEkT`)F` ivty . .fes r Commission Nu*r,)-/9 My Com issi .r x ic:a Notary Public in and for the State of Iowa rt ti a�a� VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON } This instrument was acknowledged before me on this 1 76' day ofXoHowa 018 by as member of Vintage Cooperative of Iowa City. 4q, ROBERT A. JP�'� Y?�,5 (�CommissionNumb 012247!8Notary Public in and for th �j-3y .aoScr 57 1� CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements arc to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of Minimum Improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than $14,000,000 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land and Dollars ($ ) the value of the buildings thereon until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Iowa City, Iowa Date STATE OF IOWA ) COUNTY OF JOHNSON ) Subscribed and swom to before me by Assessor for Iowa City, Iowa. Notary Public in and for Johnson County, Iowa 58 r CITY OF 10WA C1 COUNCIL ACTION REPO 11 July 17, 2018 Resolution Approving an Agreement for Private Development By and Among the City, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City, and Ewing Land Development & Services, L.L.C. for Foster Road and The Vintage Cooperative Senior Living Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution & Draft Development Agreement Executive Summary This Development Agreement between the City and developers will result in the construction of Foster Road between Dubuque Street and Prairie du Chien Road and a senior living facility. This project is estimated to cost approximately $20,167,000 and will generate a minimum $14,000,000 of new tax base upon which taxes will be paid. It is located within the newly -created Foster Road Urban Renewal Area (URA). A portion (55%) of the tax increment collected from the URA will be utilized to reimburse Foster Road Developers, LLC up to $3,367,000 in construction costs for the road. The other 45% of the tax increment will be directed to assistance for low and moderate - income family housing, which, over the ten-year life of the URA, is estimated to be $2 - $3 Million. Background Jim Glasgow and Greg Stiltner, representing Foster Road Developers, LLC, approached the City in 2017 about the possibility of working together to build Foster Road between Dubuque Street and Prairie du Chien. Another firm, Ewing Land Development & Services, LLC, had approached the property owners with a proposal to buy land for The Vintage, a multi -family senior living facility. The sale of the land would help fund the road construction, but even after the maximum allowable bank loans, there would still be a financial gap, so Foster Road Developers asked if the City could help using tax increment financing (TIF). Urban Renewal Area The use of tax increment financing to assist with public improvements related to housing and residential development is allowed under state law where the project will include assistance for low and moderate -income family housing as follows: 1) The City must set aside and use 45% of the tax increment to support LMI housing in the community. The City may use the other 55% of the tax increment to provide economic development assistance to the developer. 'r 1 CITY OF IOWA CITY Ar 1 COUNCIL ACTION REPORT Iowa Code Chapter 403 requires that the set aside must be equal to or greater than the percentage of LMI persons in the county, which today in Johnson County is 45%. This LMI set aside can be used to fund initiatives in the Affordable Housing Action Plan that provide housing for households earning no more than 80% AMI (area median income) (for example, $54,400 for a 2 -person household, $68,000 for a 4 -person household). 2) It has a 10 -year life and then ends. This means that the developer will only be reimbursed from 55% of the tax increment generated from the urban renewal area for 10 years. The Project The development agreement obligates the developers to construct the road and the senior living apartments in exchange for certain economic development grants in the form of TIF reimbursement. These minimum improvements shall be constructed in conformance with the Construction Plans submitted to and approved by the City, which shall be in accordance with the Conditional Zoning Agreement and the Planned Development Sensitive Areas Development Plan. It is contemplated that Foster Road Developers will construct the road and Ewing Land Development and Services, LLC will construct the senior living facility on land owned by the Vintage Cooperative of Iowa City. The entire project is anticipated to be completed by December 31, 2019. If completed by then, Foster Road Developers would be eligible to receive certain economic development grants based upon expenses related to the construction of Foster Road. These grants are funded through the tax increment generated by the new senior living housing and any other development within the Foster Road Urban Renewal Area that may subsequently occur during the 10 year life of the agreement. If the tax increment generated is insufficient to cover the maximum economic development grants in the ten-year life of the urban renewal area, then that risk is on the developer. The Vintage The Developers Agreement requires Ewing Land Development & Services and the Vintage Cooperative of Iowa City to build a senior living apartment building with at least 50 units on Lot 3. This building will contain a mix of 1-, 2- and 3- bedroom units. A Minimum Assessment Agreement (MAA) is also part of the Development Agreement, stipulating that upon completion of the building, the full assessment on January 1, 2020 shall not be less than $14 Million. This development agreement provides no economic development assistance to Ewing or Vintage. Foster Road The Developers Agreement requires that Foster Road Developers build and pay for the road and associated public infrastructure. The project extends Foster Road as an arterial street from Dubuque Street to Prairie du Chien Road, a distance of approximately 3,400 linear feet, roughly 2/3 of a mile. It will be 36 feet wide with a 2 -lane cross section and buffered, dedicated perimeter bike lanes in both directions. There will be an 8 -foot -wide multi -use path on the north side of the road and a 5 -foot -wide sidewalk on the south side. The project also includes street trees r ' CITY OF IOWA CITY COUNCIL ACTION REPORT throughout the corridor in accordance with a landscape plan to be approved by the City Forester, an eastbound turn lane on Foster Road at the intersection with Prairie du Chien Road and the extension of water main, storm water, sanitary sewer, drainageways, erosion control, and fiber optic duct placement. The 1997 Comprehensive Plan and the 2001 North District Plan both identified the extension of Foster Road between Dubuque and Prairie du Chien as a future roadway that will provide neighborhood connectivity and access to future development. The 2001 plan noted that the future Foster Road will alleviate cut -through traffic on Kimball and Ridge Roads and Whiting Avenue. Additionally, the extension will provide more efficient access for the Peninsula and Forestview neighborhoods to commercial developments. Preparations for the construction of Foster Road began years ago when the City purchased the necessary right-of-way. The road construction project was in the unfunded Capital Improvement Plan for a time, but was removed from the list when other capital improvements took priority and the decision was made to let private development drive the timeline for its completion. Economic Development Grants The Development Agreement contemplates that the developer may be reimbursed for a maximum of $3,367,000 for certain expenses related to installation of Foster Road. This number was calculated based upon the following: 100% of eligible expenses on the western end of that portion of Foster Road that does not cross property owned by the parties to the agreement (about 40% of the length), and 75% of the eligible expenses associated with the eastern 60% of the road that bisects the developer's property. Expenses eligible for reimbursement related to the design and construction of the Public Improvements include the cost for acquisition of land to be dedicated to City, interest during construction and for not more than six months thereafter, costs for demolition, construction, landscaping, grading, drainage, engineering, plans and specifications for the Public Improvements and the construction of the Public Improvements. The City makes no assurance that the developer will receive economic development grants which cover the cost of the public improvements or which reach the maximum $3,367,000. The increment generated just from the senior living development is not anticipated to result in payment of the maximum amount. Thus development of other land within the URA is necessary for the developer to receive the maximum reimbursement. Affordable Housing initiatives benefit The 45% tax increment LMI set aside is made annually prior to distribution of any annual economic development grant to the developer. If the tax increment generated by development within the URA are high enough to reimburse the full $3,367,000 within the ten year lifespan of the urban renewal plan, this will result in approximately $3,178,000 for Affordable Housing initiatives. 'r 1 CITY OF IOWA CITY ;r40 1 COUNCIL ACTION REPORT This money can be used to support LMI housing anywhere in the City, not just within the URA. It is important to note that the City does not currently have a sustainable affordable housing revenue source and this project would create one for ten years. The development agreement notes that the statutory requirements for LMI assistance may be met by the construction of LMI affordable dwelling units as part of the Project, which would decrease the required set aside funds. The agreement, however, does not obligate the provision of such units. APPLICATION FOR PRELIMINARY PLAT FOREST HILL ESTATES IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA A RESUFFINSION OFFUDITORS PARGELA AN RECORDED IN BOOK 3% PAGE 52, OFTHE RECORDS C FT E OHNSON COUNTY, IOWA RECORDERS OFFICE, AUDITORS PARCEL B AS RECORDED IN BI 3�, PAGE 53, OFTHE RECORDS OFTHEJOHNSON COUNTY IOWA RECORDERS OFFICE, A �ORT ON OFTHE NORTH HADOFTHE NORTHWEST QUARTER OFTHE NORTHEAST QUARTER OF EGTI�� 3, OWNSHIP 79 NORTH, RANGE AWESTATRbANAUb%R PIECE L%YING IN THE NORTH HALF THE� NORTHEAST QUARTER OFTHE NORTHEAST QUARTER OFSECTION ATOWNSHIP 79 EARTH, RANGE 6WESTAND SOUTHEAST QUARTER OFTHESOUTHERST QUARTER OFSECTION GO G�WNSHIP 80 EARTH, RANGE ROBERT, CINGSOUTH OFINTERSTATI EAGEPTTHAT LAND TO �Vl DTO HEITYOFIOWAITYFOR FOSTER ROAD AS RECORDED IN BOOKS o A OF G E I OF WARRANTY DE� ORDED IN BOOK SAFE, PAGE 474 OF THE RECORDS OF THE 0 HNSON GO u NTY, IOWA RECORDERS OFFICE, PART OF SOUTHWEST QUARTER 0 F THE SO UTHEAST STAR �R OF SECTION GO TOWNSHIP 80 NORTH, RANGE 6 WEST USING SOUTH 0 F INTERSTATE PC PART � SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTIO N 3� TOWNSHIP 80 N FELL �Ar� 6 WEST, LYING SOUTH 0 F INTERSTATE 80, PART 0 F SOUTHEAST QUARTER OF THE C w E T QUARTER OF THE SO UTHWEST QUARTER SECTION 3A TOWNSHIP 80 NO OFF RANGE 6 WEST LOS G SO UTH OF INTERSTATE FIT AND ALL 0 CLUB PARCEL DESSR RED IN WAR PARTY DEED AGREE 681 OF THE RECORDS OF THE JOHNSON COU NTY, IOWA RECORDERS OFFICE ALL LOCATED IN THE CITY OF IOWA CITY JOHNSON COUNTY, IOWA CA I D PARCEL CONTAINS 50 15 ACRES , AND IS NUEAECT TO EASEMENTS AND RESTRICTIONS ORRECOND ®®® ®®® ®®®®® ®®® ®®® PROJECT VICWI1 MAP - _ ----70,� �/ ��U., I����AL ry✓as'w al N1 ( c1 LOT ry SUREAUMS1 E5n is /✓!L LF i T A �d "- EGAA /, —..—..—. LOT5� ' DART CAF -FEE LOT ALBEHAO - --T - %t �\..�..- cv - �.. .,. fFOREST HILL ESTN H v - a ry SUREAUMS1 E5n is LF i LOT "- EGAA /, LOT5� ' TO - - %t �\..�..- - �.. .,. fFOREST HILL ESTN H v - a uFu LOT 1 s s fl' 3EGPHIC ­E, w_ � I � � � � � I / 1 / •. 17-0540 LOT4,.T To DRIVE�� �� -------- < .o.rt ro.To� _ rtwl E tart ERE rtx I' FpREST HILLESTNTES rt LOT2 -,..,. / hbk /. SNG)NSEAING o ew errt � � i as x� B I _q. °.wsraRE �._ / a �._ / �.ra+nxuaa oTart�,aa LLo �H��s,�ET I / A , LOT 4 �E, SMERGRRMR / .rw ao LOT3 A .. TT E ur®uxoury ­11uT wa i,,-� T / E�`; I I� 0 F � / T f rtaT € 00 a r