HomeMy WebLinkAbout2020-03-03 ResolutionItem Number: 8.a.
INCITY OE IOWA CITY
www.icgov.org
March 3, 2020
Motion approving the appointment of Ryan Longnecker as the Alternate City
Council Liaison from the University of Iowa Student Government (UISG) to
the City Council until May 1, 2020.
ATTACHMENTS:
Description
Austin Wu: New UI SG City Council Alternate Liaison
Kellie Fruehling
From:
Wu, Austin <austin-wu@uiowa.edu>
Sent:
Thursday, February 20, 2020 3:58 PM
To:
Council
Cc:
Kellie Fruehling; Lakadat, Colin J; Longenecker, Ryan J.
Subject:
New UISG City Council Alternate Liaison
AR41SK
Hello there,
Effective immediately, Charlotte Lenkaitis will no longer be serving as the Alternate City Council Liaison for UISG, and
will be replaced by Ryan Longnecker, who is cc'd here, for the remainder of the 2019-2020 academic year,. I would like
to reiterate UISG's thanks for the City's support of the position over the years, as well as the importance of maintaining
this position as part of improving town -gown relations. He has already been appointed into the position by UISG, and
the item for appointment should be ready to be included on the agenda for 3 March.
If anyone has any questions, do not hesitate to reach out.
Thanks,
Austin Wu
(he/him/his)
BA Public Health I University of Iowa '20
City Liaison I UI Student Government
austin-wu@uiowa.edu
Kellie Fruehling
From:
Sent:
To:
Subject:
Dear Iowa City Council Members,
Lenkaitis, Charlotte E <charlotte-lenkaitis@uiowa.edu>
Thursday, February 27, 2020 5:16 PM
Council
Stepping Down from UISG City Liaison Position
g
Late Handouts Distributed
-3._ ---C�
(Date)
I know that Austin has already made you aware of the fact that I will not be continuing in the position of Deputy City
Liaison of UISG, however, I wanted to reach out to you all personally.
Thank you for making me feel so welcome throughout this experience. I am thankful for the opportunity to have gotten
to know each of you and learn how a city government functions. I will always remember walking alongside City Council
in the Homecoming Parade — it was a blast!
I hope that our paths cross again.
Wishing you all the best,
Charlotte
Charlotte Lenkaitis
The University of Iowa
Global Health Studies & Spanish I Class of 2021
Executive Director I Food Pantry at Iowa
charlotte-lenkaitis@uiowa.edu 1515-509-7314
Item Number: 8.b.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution approving and authorizing the Mayor to execute and the City
Clerk to attest a Declaration of Condominium Regime for the 2129-2131
Taylor Drive Condominiums.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Tracy Hightshoe, NDS Director
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Declaration of Condominium Regime
Executive Summary:
As part of the South District Program, the City purchased a duplex located at 2129-2313 Taylor
Drive for the purpose of converting it to 2 condominium units and selling each unit to income
eligible households. The resolution approves the attached Declaration of Condominium Regime,
the legal document that allows for the sale of a condo unit.
Background /Analysis:
The Declaration governs the legal relationship between the 2 owners and identifies what parts
of the property the owners will own individually (i.e., the interior residential space) and what parts
the owners will own in common (e.g., the yard). It also sets forth the maintenance duties of each
owner. The Declaration provides that the units must be owner -occupied for 21 years and can be
renewed by the City for successive 21 year periods in accordance with the Iowa Code.
ATTACHMENTS:
Description
Resolution
Condominium Declaration
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 3565030
RESOLUTION NO. 20-46
Resolution approving and authorizing the Mayor to execute and
the City Clerk to attest a Declaration of Condominium Regime
for the 2129-2131 Taylor Drive Condominiums.
Whereas, the City has purchased a duplex at 2129-2131 Taylor Drive and converted it to a two -
unit residential condominium structure; and
Whereas, the City intends to sell each unit to an income -eligible household as part of its South
District Program; and
Whereas, a Declaration of Condominium Regime must be executed and recorded prior to
completion of a sale; and
Whereas, City staff has prepared and approved the attached Declaration of Condominium
Regime and recommends it be approved and executed.
Now, therefore, be it hereby resolved by the City Council of Iowa City, Iowa, that:
1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and
directed to execute and attest respectively the attached Declaration of Submission of Property to
Horizontal Regime Establishing a Plan for Condominium Ownership of Premises — 2129-2131
Taylor Drive Condominiums.
2. The City Clerk is directed to record said declaration at cost to the City.
3. Upon the direction of the City Attorney and the recommendation of the City Manager, the
Mayor and City Clerk are authorized and directed to execute and attest respectively amendments
to said declaration.
Passed and approved this 3rd day of
Kp
City Attorney's Office
March
r
Attest:
City Clerk
2020.
Resolution No. 20-46
Page 2
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Prepared by & Retum To, Susan Dulek Asst City Attorney, 410E Washington St Iowa City, IA 52240 !3191356-5030
DECLARATION OF SUBMISSION OF PROPERTY
TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF PREMISES
2129-2131 TAYLOR DRIVE CONDOMINIUMS
This Declaration of Submission of Property to the Horizontal Regime is made and
executed in Iowa City, Iowa, the 3rd day of March, 2020, by the City of Iowa City, an Iowa
Municipal Corporation, hereinafter referred to as "DECLARANTS", pursuant to the provisions of
the Horizontal Property Act, Chapter 4998, Code of Iowa (2019), as amended.
WITNESSETH:
WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City,
Iowa, and more particularly described as follows:
Lot 300, Part Five, Hollywood Manor Addition to Iowa City, Iowa
according to the plat thereof recorded in Book 13, Page 18, Plat Records
of Johnson County, Iowa.
WHEREAS, DECLARANTS are the owners of the above-described real estate and
buildings and other improvements built upon said real estate and it is the desire and the intention
of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same
to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to
impose upon said property mutually beneficial restrictions, covenants, and conditions; and
WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the
above-described property and buildings and other improvements constructed thereon, together
with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project.
NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property
described above is held and shall be held and conveyed subject to the following covenants,
conditions, uses, limitations and obligations, all of which are declared and agreed to be in
furtherance of a plan for the improvement of said property and the division thereof into
condominiums and shall be deemed to run with the land and shall be a burden and a benefit to
DECLARANTS, their successors and assigns and any person acquiring or owning an interest in
the real property and improvements, their grantees, successors, heirs, executors, administrators,
devisees and assigns.
ARTICLE I.
DEFINITIONS
1. DECLARANTS. The term "DECLARANTS" shall mean the City of Iowa City, an Iowa
Municipal Corporation, having made and executed this Declaration.
2. DECLARATION. The term "DECLARATION' shall mean this instrument by which
2129-2131 Taylor Drive Condominiums is established as provided under the Horizontal Property
Act.
3. PROJECT. The term "PROJECT" shall mean the entire parcel of real estate property
referred to in this Declaration to be divided into Condominiums, including all structures thereon.
4. UNIT. The term "UNIT" shall mean one or more rooms occupying all or part of a floor
intended for use as a residence and not owned in common with the other owner in the Regime.
The boundary lines of each Unit are the interior surfaces of its perimeter walls, bearing walls,
floors, ceilings, windows and window frames, doors and door frames, and trim, and includes the
portions of the Building so described and the air space so encompassed. The Regime consists
of one Building containing two Units.
5. COMMON ELEMENTS. The term "LIMITED COMMON ELEMENTS" shall have the
meaning as defined in ARTICLE IV. There are no'GENERAL COMMON ELEMENTS"
contemplated for this Project.
B. BUILDING. The term "BUILDING" shall mean the structural improvement constructed
on the real estate described herein as more particularly described on Exhibits A and B. The one
Building constitutes the sole building included in the Regime.
7. CONDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real
property owned by any Owner, consisting of an undivided interest in the Common Elements and
ownership of a separate interest in a Unit.
8. OWNER. The term "OWNER" means any person with an ownership interest in a Unit
in the Project.
9. ASSOCIATION. The term "ASSOCIATION' means 2129-2131 Taylor Drive
Condominiums Owners Association and its successors, a council of co-owners.
10. COUNCIL OF CO-OWNERS. The term "COUNCIL OF CO-OWNERS" means ail co-
owners of the building and is otherwise known and synonymous with the tern "ASSOCIATION'
and/or "HOMEOWNERS ASSOCIATION."
11. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means
this Declaration, and all Exhibits attached hereto including the Bylaws of the Association.
12. PLURAL AND GENDER. Whenever the context so permits or requires, the singular
shall include the plural and the plural the singular, and the use of any gender shall include all
genders.
13. SEVERABILITY. The invalidity of any covenant, restriction, agreement, undertaking,
or other provision of any Condominium Document shall not affect the validity of the remaining
portions thereof.
14. INCORPORATION. Exhibits attached hereto and referred to herein are hereby made
a part hereof with the same force and effect as other provisions of this Document.
ARTICLE II.
DESCRIPTION OF LAND, BUILDING AND UNITS
1. Description of Land. The land submitted to the Regime is located in Iowa City,
Johnson County, Iowa, and is legally described as follows:
Lot 300, Part Five, Hollywood Manor Addition to Iowa City, Iowa
according to the plat thereof recorded in Book 13, Page 18, Plat Records
of Johnson County, Iowa.
2. Description of Building. The Condominium Regime consists of one building which
contains two (2) dwelling Units. It is a one-story building with a full finished walkout basement.
The principal materials of construction are: 2 x 4 wood framing, vinyl siding, concrete
foundation, asphalt shingles, and brick veneer.
The building is constructed to the general specifications as set out in detail in Exhibit "A"
to this Declaration. The building site plan, showing a footprint of the building and the individual
units, is attached as Exhibit "B".
3. Description of the Units. The Condominium Regime consists of two (2) units
locally known as 2129-2131 Taylor Drive, Iowa City, Johnson County, Iowa according to the
specifications set out at Exhibit "A". The plans of the building are attached as Exhibit "A," and the
Engineer's Certificate for the plans is attached as "Exhibit C." Each Unit is an owner of fifty
percent (50%) of the Limited Common Elements as defined in Article IV, and each Unit shall pay
one-half of the common expenses, if any, and each Unit shall be entitled to one (1) vote in the
Association.
ARTICLE III.
OWNERSHIP INTERESTS
1. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled
to exclusive ownership and possession of his or her Unit. Each Owner shall be entitled to an
undivided fifty percent (50%) interest in the Limited Common Elements, as defined in Article IV.
Said percentage of the undivided interest of each Owner in the Limited Common Elements shall
have a permanent character and shall not be altered without the consent of all Owners expressed
in an amended Declaration duly recorded. The percentage of the undivided interest in the Limited
Common Elements shall not be separated from the Unit to which it appertains and shall be
deemed to be conveyed or encumbered or released from liens with the Unit even though such
interest is not expressly mentioned or described in the conveyance or other instrument. Each
Owner may use the Limited Common Elements in accordance with the purpose for which they
are intended, without hindering or encroaching upon the lawful rights of the other Owner.
KI
An Owner shall not be deemed to own the undecorated and/or unfinished surfaces of the
perimeter walls, ceiling, windows and doors bounding his or her Unit, nor shall the Owner be
deemed to own the utilities running through his or her Unit which are utilized for, or serve, more
than one Unit, except as a percentage of an undivided interest in the Limited Common Elements.
An Owner, however, shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise
refinish and decorate the interior surfaces of the walls, floors, ceilings, windows and doors
bounding his or her Unit.
2. Appurtenances. There shall pass with the ownership of each Unit as a part thereof,
whether or not separately described in Article IV(1), all appurtenances to such Unit and no part of
the appurtenant interest of any Unit may be sold, transferred or otherwise disposed of except in
connection with the sale, transfer or other disposition of such Unit itself or of all Units in the
Regime.
3. Undivided Fractional Interest. An undivided interest in the Limited Common
Elements, as defined in Article IV, of the Regime shall be appurtenant to each Unit. The amount
of such undivided interest appurtenant to each Unit is fifty percent (50%).
4. General Common Elements. This Project has no General Common Elements.
5. Limited Common Elements. The exclusive use by Owners of the Limited Common
Elements, as defined in Article IV, shall be deemed an appurtenance of the Unit for which said
elements are reserved, provided such use and enjoyment shall be limited to the uses permitted
by this Declaration and other Condominium Documents.
6. Association Membership and Voting Rights. Appurtenant to each Unit shall be
membership in the 2129-2131 Taylor Drive Condominiums Owners Association and one (1) vote
in the affairs of the Association and of the Regime; provided, however, that the exercise of such
voting and membership rights shall be subject to the applicable provisions of the Bylaws of the
Association and of the other Condominium Documents. The action of such Association shall be
deemed the action of the Owners; and such action, when taken in accordance with the Bylaws of
the Association and this Declaration shall be final and conclusive upon all Unit Owners.
7. Cross -Easements. Appurtenant to each Unit shall be easements from each Unit
Owner to each other Unit Owner and to the Association, and from the Association to the respective
Unit Owners as follows:
(a) For ingress and egress through the common areas and for maintenance, repair, and
replacement as authorized;
(b) Through the Units and common facilities for maintenance, repair and replacement or
reconstruction of Limited Common Elements, but access to Units shall be only during
reasonable hours and upon reasonable notice except in case of emergency;
(c) Every portion of a Unit contributing to the support of a Building is burdened with an
easement of such support for the benefit of all such other Units;
(d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other
facilities for the furnishing of utility or other services to the other Units in the common
areas, but access to Units shall be only during reasonable hours and upon reasonable
notice except in case of emergency; and
(e) For ingress and egress through the exterior front and rear walkways as necessary to
access a Unit.
0
ARTICLE IV.
LIMITED COMMON ELEMENTS
I Definition. The term "Limited Common Elements" shall include all portions of the
Project (land and improvements thereon) not included within any Unit. The term "Limited
Common Elements" as it relates to each individual Unit shall mean and such elements shall
consist of the real estate immediately adjacent to each Unit divided by the same plain which
separates the Units, said plain being extended to meet the front and rear boundary lines of the
lot on which such Unit is located. The Limited Common Elements directly adjacent to each Unit
shall be reserved for the sole and exclusive use by the Owners of the Unit to which said Limited
Common Elements are appurtenant. The Limited Common Elements include but are not limited
to:
a. The land on which the Building is erected.
b. Front, side, and rear yards; trees and plantings.
c. Driveways.
d. The foundations, floors, exterior walls of each Unit and of the Building, ceilings and
roofs, and entrances and exits or communication ways, and in general all devices or
installations existing for common use, except as limited in the next Article.
e. Installations for public utilities, including electric, cable TV, gas and cold water for
common use.
f. All exterior walls of the Building, all walls and partitions separating the two Units, interior
load bearing walls and all other elements which are structural to a Unit are reserved for
that Unit.
g. Air conditioner pads, compressors and equipment.
2. Exception. Notwithstanding the reservations made by this Article, the integrity and
appearance of the Regime as a whole are the common interests of all Owners and, as such, shall
be subject to the terms and restrictions of this Declaration.
3. Right c f Association. The reservation of the Limited Common Elements herein shall
not limit any right the Association and its agents may otherwise have to alter such Limited
Common Elements or enter upon such Limited Common Elements.
ARTICLE V.
DECLARANTS' RESERVED RIGHTS AND POWERS
1. Declarants' Activities. Declarants are irrevocably and perpetually empowered,
notwithstanding any use, restriction or other provision hereof to the contrary, to sell, lease or rent
Units to any person and shall have the right to transact on the Condominium property any
business relating to construction, repair, remodeling, sale, lease or rental of Units, including but
not limited to, the right to maintain signs, employees, independent contractors and equipment and
materials on the premises, and to use Limited Common Elements to show Units. All signs and
all items and equipment pertaining to sales or rentals or construction and any Unit furnished by
the Declarants for sale purposes shall not be considered Limited Common Elements and shall
remain its separate property. Declarants retain the right to be and remain the Owner of any
completed but unsold Unit under the same terms and conditions as other Owners, including
membership in the Association save for its right to sell, rent or lease.
5
2. Easements. Declarants expressly reserve perpetual easements for ingress, egress
and utility purposes as may be required across and under the land submitted hereby.
3. Designation of Association Directors. Declarants shall be the sole member of the
Council of Co -Owners of the 2129-2131 Taylor Drive Condominium Owners Association until
the first Unit of said Association is sold. Thereafter the Council of Co -Owners shall be selected
in the manner specified in the Bylaws of the Association.
4. Terminate. Amend and Modify. After Declarants sell both Units, Declarants'
reserved rights and powers terminate automatically except as set forth herein. After Declarants
sell both Units, Declarants reserve the right without the consent of Unit Owners to amend or
modify the Declaration for the following purposes: (a) To add engineer's certificates indicating
that Buildings have been completed and constructed according to the plans and specifications
which are a part of this Declaration; and (b) To revise the legal description, site plan, building
plans or specifications, or any other portion of this Declaration in order to correct scrivener's or
other non -material errors that do not affect any Owner's interest in his or her Unit or any
appurtenance thereto.
ARTICLE V1.
MANAGEMENT OF THE REGIME
1. Association; Council of Co-owners. The operation of the Condominium shall be by
a membership association. The name of the Association shall be "2129-2131 Taylor Drive
Condominiums Owners Association." A copy of its Bylaws is attached hereto, marked Exhibit "D,"
and incorporated herein. Whenever a vote or other action of Unit owners as a group is required
the mechanics of conducting such a vote or taking such action shall be under the control and
supervision of the Association. The affairs of the Association shall be conducted by a Council of
two (2) co-owners who shall be designated in the manner provide in the Bylaws. The action of
the Association shall constitute the action of the Owners or the Council of Co-owners whenever
such action is permitted or required herein or by Chapter 4998 of the Code of Iowa (2019), as
amended.
2. Compliance. All owners, tenants, families, guests and other persons using or
occupying the Regime shall be bound by and strictly comply with the provisions of the Bylaws of
the Association and applicable provisions of other Condominium Documents, and all agreements,
regulations and determinations lawfully made by the Association and its directors, officers or
agents shall be binding on all such Owners and other persons. A failure to comply with the Bylaws
or the provisions of the other Condominium Documents or any agreement or determination thus
lawfully made shall be grounds for an action to recover sums due for damages on the part of the
Association or any Owner, as applicable, or injunctive relief without waiving either remedy.
3. Powers of Association. Each Owner agrees that the Association has and shall
exercise all powers, rights and authority granted unto it, the Council of Co-owners, and the
Owners as a group by Chapter 499B of the Code of Iowa (2019), as amended, and such as are
more particularly set forth in the Condominium Documents, including but not limited to the making
of assessments chargeable to Owners and the creation of a lien on Units thereof, and to acquire
a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby
waives any rights to delay or prevent such foreclosure by the Association which he or she may
have by reason of a homestead exemption.
4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, if any,
in connection wiTsuch acquisition.
I`l
5. Membership, Voting Rights. The members of the Association shall consist of all of
the record Owners of Units. After receiving the approval of the Association elsewhere required,
change of membership in the Association shall be established by recording in the public records
of Johnson County, Iowa, a deed or other instrument establishing a record title to a Unit, in the
Condominium and the membership of the prior Owner shall be thereby terminated. The members
of the Association shall be entitled to cast one (1) vote for each Unit owned by such member.
6. Restraint upon Assi nment. The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated or transferred in any manner except as an
appurtenance to his or her Unit.
7. Dischar a of Lilabilily. All Owners shall promptly discharge any lien which may
hereafter be filed against his or her Condominium.
8. Limitation on Association's Liability. The Association shall not be liable for any
injury or damage to properly caused by or on the Limited Common Elements or by another Owner
or person in the Project or by any other means unless caused by the gross negligence of the
Association. No diminution or abatement of common expense assessments shall be claimed or
allowed for inconvenience or discomfort arising from the making of repairs or improvements of
the Limited Common Elements or from any action taken to comply with any law, ordinance or
orders of a governmental authority.
9. Arbitration of Differences. In the event any dispute arising that concerns any
matter to be determined by the members of the Association results in a 1 to 1 vote, the members
agree to first engage in good faith negotiations to resolve any such dispute. In the event that they
are unable to resolve any such dispute by negotiating, the owner of each Unit shall choose one
arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of the
majority of all the arbitrators shall be final and conclusive of the questions presented. If either
owner refuses or fails to promptly appoint an arbitrator, the same may be appointed by a judge of
the District Court of Iowa in and for Johnson County. Arbitration shall be in accordance with the
rules of the American Arbitration Association, and the cost thereof shall be shared equally by the
owners.
ARTICLE VII.
MAINTENANCE, ALTERATION AND IMPROVEMENT
1. Definitions. Certain terms used in this Article shall have a meaning as follows,
provided any dispute over meanings shall be conclusively decided by the Board of Directors of
the Association:
(a) "Maintenance" or "repair" shall mean the act of maintaining, restoring, renovating,
reconstructing, replacing, rebuilding and similar work necessary to preserve a Unit or
the property in its original condition as completed.
(b) "Improvement" shall mean the addition of a new structure, element or facility, other
than a structure, element or facility otherwise provided for by this Declaration.
2. Maintenance by Association. The Association shall have no obligation to maintain
a Unit or the Limited Common Elements within the Project.
3. Maintenance by Owner.
(a) Each Unit Owner at his or her own expense shall maintain that portion of the
7
building located within the Unit, including the boundary surfaces of such Unit and its
equipment, shall keep such interior in a clean and sanitary condition, shall do all
redecorating, painting and other finishing which may at any time be necessary to
maintain his or her Unit, and shall be responsible for the maintenance of all personalty
including carpets, furnishings, and appliances within such Unit.
(b) The Owner of each Unit shall be responsible for maintaining the plumbing fixtures
within the Unit and heating and the air conditioning unit serving such Unit and all other
utilities or portions thereof located within the boundaries of his or her Unit. The Owner
shall also, at his or her own expense, keep his or her Unit in a clean and sanitary
condition.
(c) The Unit Owner shall maintain, at his or her expense, any improvement or other
alteration to the Unit made by him or her
(d) The Unit Owner shall maintain, at his or her expense, the Limited Common
Elements appurtenant to his or her Unit, including but not limited to:
(i) Mowing and lawn care as required by the Iowa City City Code.
(ii) Snow removal on the sidewalk as required by the Iowa City City Code.
(iii) The right of way between the curb and property line as required by the Iowa
City City Code.
(iv) The sidewalk squares as required by the Iowa City City Code.
(v) Snow removal on and maintenance to driveway.
4. Alterations or Improvements by Owner. No Unit Owner shall make or permit to
be made any structural alteration to the Building without first obtaining written consent of the
owner of the other Unit if such alteration affects the firewall separating the two Units in the project.
Unit owner shall do no act or work which will impair the structural soundness or integrity of the
Building or safety of the property or impair any easement. The improvement or alteration of a Unit
shall not cause an increase or decrease in the number of ownership interests appurtenant to such
Unit.
5. Destruction. In the event of a destruction of all or any portion of any Unit by fire or
other casualty, the Owner of such Unit shall immediately take whatever precautions may be
reasonably required to preserve and protect an adjoining Unit from further damage. In addition,
in the event of any such destruction, any damaged Unit shall be reconstructed, unless otherwise
agreed by both Unit Owners. The following provisions shall govern exterior replacements,
maintenance and repairs and in reconstruction.
The Owner of a Unit may repair or replace exterior components of such Unit with
components similar to preexisting components and of the same design and color, and may paint
the exterior of such Unit with paint of the existing color or colors, but such Owner may not either
in the course of ordinary replacement, maintenance, repair and remodeling or in the restoration
after damage or destruction, use different siding, roofing or other exterior components, or a
different color scheme, unless the Owner of the adjoining Unit provides prior written consent to
do so. In the event of any dispute arising between the Unit owners concerning a change of siding,
roofing materials, color scheme or any other exterior components, the adjoining Unit Owners
agree to first engage in good faith negotiations to resolve any dispute.
In the event any dispute arising that concerns any matter herein results in a 1 to 1 vote,
the members agree to first engage in good faith negotiations to resolve any such dispute. In the
event that they are unable to resolve any such dispute by negotiating, the arbitration provision of
Article VI.9 shall apply. The arbitrator's decision shall be based upon whether the proposed
E
siding, roofing materials, color scheme or other changes are in harmony with the existing design
of the adjoining Unit.
ARTICLE VIII.
CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT
1. Subjection of the Property to Certain Provision. The ownership, use, occupation,
and enjoyment of each Unit and of the Limited Common Elements, as defined in Article VI, shall
be subject to the provisions of the Bylaws and this Declaration, all of which provisions irrespective
of where set forth or classified shall have equal status and shall be enforceable and binding as a
covenant, condition, restriction, or requirement running with the land and shall be binding on and
enforceable against each and all Units and the Owners thereof and their respective assigns,
lessees, tenants, occupants and successors in interest.
2. Use of Proaertv. The use of the property shall be in accordance with and subject to
the following provisions:
(a) A Unit shall be used or occupied for any use allowed in the Iowa City Zoning Code
(b) No activity shall be allowed which unduly interferes with the peaceful possession
and use of the property by the Unit Owners nor shall any fire hazard or unsightly
accumulation of refuse be allowed.
(c) Nothing shall be done or kept in any Unit or in the common area which will increase
the rate of insurance on the common area, without the prior written consent of the
other Unit Owner. No Owner shall permit anything to be done or kept in his or her Unit
or in the common area which will result in the cancellation of insurance on any Unit or
any part of the common area, or which would be in violation of any law.
(e) No Unit Owner shall install a fence in the front yard as part of the Limited Common
Elements appurtenant to the Owner's Unit without the written consent of the other Unit
owner. Each Unit owner shall be allowed to fence in the portion of the rear yard
designated as part of the Limited Common elements appurtenant to the Owner's Unit
without the written consent of the other Unit owner.
(d) No Unit Owner shall be allowed to install additional parking slabs on any part of
the Property, nor shall parking of any vehicles be allowed except on the driveways.
No Unit Owner, guest or invitee shall block vehicular access to other driveway
reserved for the other Unit by parking vehicles or placing objects within said driveway.
Each Unit Owner's guests or invitees will park their own vehicles only on the driveway
reserved for the Unit, doing the same is such a manner as to not violate the provisions
of this subparagraph.
(e) The Association shall have the authority to adopt rules and regulations governing
the use of the property and such rules shall be observed and obeyed by the Owners,
their guests and invitees.
(f) Agents of or contractors hired by the Association may enter any Unit when
necessary in connection with any maintenance, landscaping, or construction for which
the Association is responsible, provided such entry shall be made with as little
inconvenience to the Owners as practicable.
(g) A Unit Owner shall give notice to the other Owner and the Association of every lien
against his or her Unit other than permitted mortgages, taxes, and Association
assessments, and of any suit or other proceeding which may affect the title to his or
her Unit, within ten (10) days after the lien attaches or the Owner receives notice of
such lien.
(h) A Unit Owner shall be liable to the Association for the expense of any maintenance,
repair, or replacement rendered necessary by his or her act, neglect, or carelessness,
or by that of his or her family, guests, employees, agents, or lessees, which liability
shall include any increase in insurance rates resulting therefrom.
3. No Waiver. Failure of the Association or any Owner to enforce any covenant,
condition, restriction or other provision of Chapter 499B of the Code of Iowa (2019), as amended,
this Declaration, the Bylaws of the Association, or the rules and regulations adopted pursuant
thereto, shall not constitute a waiver of the right to enforce the same thereafter.
4. Owner Occupied Covenants.
(a) No Unit may be rented. The Unit owners must occupy, reside, and live in the Unit.
Notwithstanding any other provision herein, a Unit owner may lease to one person for
a minimum period of 90 days provided the Unit owner occupies, resides and lives in
the Unit throughout the rental period.
(b) The covenants provided for in Article VIII(4)(a) (the "Covenants") shall be
covenants running with the land and shall remain in effect for an initial twenty-one year
period and successive twenty-one year periods in accordance with Iowa Code Section
614.24 (2019), or as provided by an amendment thereto regarding the statute of
limitations regarding the enforcement of use restrictions (the "Survival Period"). The
Covenants shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as otherwise specifically provided in
this Declaration, be binding for said perlod(s), to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by, the City of Iowa City, its
successors and assigns, against the Unit Owners, their successors and assigns, and
any party in possession or occupancy of the Units.
(c) In amplification, and not in restriction, of the provisions of the preceding paragraph,
it is intended that the City of Iowa City and its successors shall be deemed beneficiaries
of the Covenants, both for and in its own right and also for the purposes of protecting
the interests of the community and other parties, public or private, in whose favor or for
whose benefit such Covenants have been provided. Such Covenants shall run in favor
of the City of Iowa City for the Survival Period, during which time such Covenants shall
be in force and effect without regard to whether the City of Iowa City has at any time
been, remains, or is an owner of any land or interest therein to or in favor of which such
Covenants relate. The City of Iowa City shall have the right in the event of any breach
of any Covenant during the Survival Period to exercise all the rights and remedies, and
to maintain any actions or suits at law or in equity or other proper proceedings to enforce
the curing of such breach of Covenant, to which it or any other beneficiaries of such
Covenant may be entitled, and shall be entitled to recover, in addition to its court costs,
a reasonable attorney's fee to be fixed by the court, and such recovery shall include
court costs and attorney's fees on appeal, if any. Further, the City of Iowa City shall
hold all right and authority to agree to or provide any amendment, modification, waiver,
termination or release of the Covenants on behalf of itself and other parties, public or
private, which are beneficiaries thereof.
ARTICLE IX.
INSURANCE AND CASUALTY
1. _Insurance Obligation of Unit Owner. Each Unit owner shall obtain and keep in force
a policy or policies of insurance covering comprehensive general liability, property damage, fire
and other hazard insurance as it relates to each Unit Owner's Unit and Limited Common
Elements, as defined in Article VI, directly adjacent to and appurtenant to each Unit. The fires
and other hazard insurance policy or policies shall provide coverage for the replacement cost of
each Unit and its applicable Limited Common Elements. Such fire and other hazard insurance
shall bear a mortgage clause naming the mortgagee's interest in said property. The policy or
policies shall insure against loss from perils therein covered to all the improvements in the Project
and shall include coverage for fixtures and mechanical equipment located within each Unit and
within the adjacent Limited Common Elements, such as plumbing fixtures, electrical lighting
fixtures, solar panels, kitchen and bathroom cabinets and countertops, air conditioning, heating,
built-in kitchen appliances which are fixtures, and water heater together with additions thereto and
replacements thereof. Such policy or policies shall contain extended coverage, vandalism and
malicious mischief endorsement. The policy or policies shall also cover personal property owned.
Each Unit Owner policy shall include the adjoining Unit Owner as his or her interest appears.
2. Restoration in the Event of a Casual . Restoration of the building located within
each of the Units shall be accomplished in accordance with the terms of this Declaration.
ARTICLE X.
TERMINATION
1. Procedure. The Condominium maybe terminated in the following manner, in
addition to the manner provided by the Horizontal Property Act:
(a) Destruction. In the event it is determined in the manner elsewhere provided that
the Building shall not be reconstructed because of major damage, the Condominium
plan of ownership will be thereby terminated in compliance to the provisions of Section
49913.8 of the Code of Iowa (2019), as amended.
(b) Agreement. The Condominium may be terminated by agreement at any time by
the approval in writing of all of the Owners of the Condominium and by holders of all
liens affecting any of the Units by filing an instrument to that effect, duly recorded, as
provided in Section 499B.8 of the Code of Iowa (2019), as amended. It shall be the
duty of each Unit Owner and his or her respective lien holder to execute and deliver
such instrument and to perform all acts as in manner and form as may be necessary
to effect the sale of the Project when at a meeting duly convened of the Association,
the Owners of 100% of the voting power, and all record owners of mortgages upon
Units in the Regime, elect to terminate and/or sell the Project.
(c) Certificate. The termination of the Condominium in either of the foregoing manners
shall be evidenced by a certificate of the Association executed by all members of the
Association and their respective holders of all liens affecting their interest in the
Condominium, certifying as to facts effecting the termination, which certificate shall
become effective upon being recorded in the office of the Johnson County Recorder
in Iowa City, Iowa.
11
2. Form of Ownership after Termination. After termination of the Condominium, the
Project will be held as follows.
(a) The property (land and improvements) shall be deemed to be owned in common
by the Owners.
(b) The undivided interest in the property owned in common which shall appertain to
each Unit Owner shall be the percentage of undivided interest previously owned by
such Owner in the common area and facilities.
(c) Any liens affecting any of the Condominiums shall be deemed to be transferred in
accordance with the existing priorities to the undivided interest of the Owner in that
property.
(d) After termination, the net proceeds of sale, together with the net proceeds of the
insurance on the property, if any, shall be considered as one fund and shall be divided
among all the Owners in a percentage equal to the percentage of undivided interest
owned by each Owner in the Common Elements; after first paying out of the respective
shares of the Owners, to the extent sufficient for that purpose, all liens on the undivided
interest in the property owned by each Owner.
ARTICLE XI.
MORTGAGEE PROTECTION
(a) Right to Mortgage. Each Unit Owner shall have the right, subject to these provisions,
to grant separate mortgages for his or her Unit together with the respective ownership
interest in the Limited Common Elements, as defined in Article IV. No Unit Owner shall
have the right or authority to make or create or cause to be made or created from the
date hereof any mortgage or other lien on or affecting the Project or any part thereof,
except only to the extent of his or her own Unit and the respective ownership interest in
the Limited Common Elements appurtenant thereto.
(b) Condemnation. If any Unit or portion thereof or the Limited Common Elements of any
portion thereof is made the subject matter of any condemnation or eminent domain
proceeding or is otherwise thought to be acquired by a condemning authority, the
mortgagee of a Unit will be entitled to timely written notice of any such proceedings or
proposed acquisition, and no provisions of the Declaration or any other documents
establishing the Project shall entitle the Unit Owner or other party to priority over such
mortgagee with respect to the distribution of the proceeds of any award or settlement.
Any proceeds from settlement shall be payable to the Owners' Association, for the
benefit of the Unit Owners and the mortgage holders.
ARTICLE XII.
AMENDMENTS AND MISCELLANEOUS
1. Procedure. Except as otherwise provided in this Declaration, this Declaration may be
amended and such amendment shall be made in the following manner;
(a) Notice. Notice of the subject matter of a proposed amendment shall be included in
the notice of any meeting at which a proposed amendment is considered. Holders of
12
a first mortgage of record shall receive notice of such proposed amendment as
provided in the Bylaws of the Association.
(b) Resolution. A resolution adopting a proposed amendment may be proposed by
any member of the Association. Except as provided elsewhere, the resolution must be
adopted by a majority vote of all Owners entitled to vote, in person or by proxy;
provided, however, no amendment effecting a substantial change in this Declaration
or the Bylaws of the Association shall affect the rights of the holder of any such
mortgage recorded prior to recordation of such amendment who does not join in the
execution thereof and who does not approve said amendment in writing.
(c) Bylaws. In the case of an amendment to this Declaration by reason of an
amendment to the Bylaws of the Association, then in the manner specified in such
Bylaws.
(d) Execution and Recording. An amendment adopted pursuant to (b) or (c) above
shall be executed by an officer specifically delegated to do so with the formalities
required by Chapter 499B of the Code of Iowa (2019), as amended. Upon the
recordation of such instrument in the office of the Johnson County Recorder, the same
shall be effective against any persons owning an interest in a Unit or the Regime.
2. Amendment of Ownership Interest. No amendment shall change the percentage of
ownership in the Limited Common Elements, as defined in Article IV, appurtenant to a Unit, nor
increase the Owner's share of the common expenses unless the record Owner of the Unit
concerned and all record owners of mortgages thereon shall affirmatively join in the adoption of
such amendment.
3. Indemnification. Each Unit Owner shall indemnify and hold harmless the other Unit
Owner from: a) any liability arising out of the Limited Common Elements, as defined in Article IV,
directly adjacent to each Unit which are reserved for the sale and exclusive use by the Owner of
the Unit to which said Limited Common Elements are appurtenant; and b) from any liability arising
out of failure to maintain the right of way and Limited Common Elements as provided in Article
VI 1(3)(d).
IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first
above written.
CITY OF IOWA CITY
r ce Teague, ayor
Atte t:
Kellie K. Fruehling, Ci Clerk
Approve
d -Q6—do
City Attorney's Office
13
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 5r?�8 day of 11 1Qr 2020, before me, the undersigned, a
notary public in and for the State of Iowa, pers nally appeared Bruce Teague and Kellie K.
Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council; and
that the said Mayor and City Clerk as such officers acknowledged that the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Z-A
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LAND SURVEYORS
LANDSCAPE ARCHITECTS
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1917 S. GILBERT ST,
IOWA CITY, IOWA S224D
(319) 351282
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EXHIBIT "A"
UNITS A&B
TAYLOR DRIVE
CONDOMINIUMS
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
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Prepared by: Kelly J.Beckler 1917 S. Gilbert Street 319-351-8282
MMS Consultants, Inc. Iowa City, Iowa 52240 319-351-8476 facsimile
After recording return to:
STATE OF IOWA
Sue Dulek 410 East Washington Street
City of Iowa City Attorney Iowa City, Iowa 52240
EXHIBIT "C"
ENGINEER'S CERTIFICATE
2129 - 2131 Taylor Drive Condominiums
Units: A (2129 Taylor Drive) and B (2131 Taylor Drive)
} ss:
JOHNSON COUNTY
I, Kelly J. Beckler, being duly sworn on oath do depose and state the following:
319-356-5030
319-356-5008 facsimile
1. That I am a Professional Engineer authorized and licensed to practice my profession in the
State of Iowa.
2. That I have examined the Building Plans for 2129 - 2131 Taylor Drive Condominiums, Units A
(2129 Taylor Drive) and B (2131 Taylor Drive), referenced as Exhibit "A." This certificate is
to become an exhibit to the Declaration of Submission of Property to Horizontal Property
Regime for 2129 - 2131 Taylor Drive Condominiums.
3. I hereby certify that I have verified by non-destructive field observations that the above
referenced Building Plans diagrammatically represent Units A (2129 Taylor Drive) and B
(2131 Taylor Drive), of 2129 - 2131 Taylor Drive Condominiums, located therein, and the
common elements that the Declarant has now constructed on the land shown on the attached
Exhibit "B" — Site Plan, insofar as is reasonably possible due to expected carpentry tolerances,
except for the following:
a. None.
T:\0339\0339-269\0339-269G.docx
4. I hereby certify that the attached Exhibit `B" — Site Plan locates Units A (2129 Taylor Drive)
and B (2131 Taylor Drive), of 2129 - 2131 Taylor Drive Condominiums. That as a licensed
Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with
reasonable certainty the location of Units A (2129 Taylor Drive) and B (2131 Taylor Drive), of
2129 - 2131 Taylor Drive Condominiums, and hereby certify that said Building and Units, as
cons ted, are locatvdAi indicated on said Site Plan.
-Azio��02
Ke eckler
Iowa License Number 14624
My biennial license renewal date is December 31, 2020.
Subscribed and sworn to before me by said Kelly J. Beckler this day of
%nG6r 2020.
WismMAN/ilot ublic in and for the State of Iowa. er g2256p EXWRES�
TA03 3 9\03 3 9-269\033 9-269G. docx
EXHIBIT "D"
BYLAWS OF 2129-2131 TAYLOR DRIVE CONDOMINIUMS
OWNERS' ASSOCIATION
These are the Bylaws of the 2129-2129 Taylor Drive Condominiums Owners Association
(Association), an association organized for the purpose of administering 2129-2131 Taylor Drive
Condominiums, a horizontal property regime (condominiums), established pursuant to Chapter
499B of the 2019 Code of Iowa, as amended, located on the following land in the City of Iowa
City, Johnson County, Iowa:
Lot 300, Part Five, Hollywood Manor Addition to Iowa City, Iowa
according to the plat thereof recorded in Book 13, Page 18, Plat Records
of Johnson County, Iowa.
I. MEMBERS AND VOTING RIGHTS
1. The owners of each condominium unit shall constitute the members of the Association
and membership shall automatically cease upon termination of all interests which constitute a
person an owner. Whenever only one spouse is a record titleholder, the other spouse shall be
considered an owner for the purposes of membership, and shall be bound by the provisions of all
condominium documents. Declarants shall be and have the rights of members with respect to
unsold units.
2. An owner of record shall be recognized as a member without further action for so long
as he or she holds an ownership interest. If ownership is acquired but not of record, or if acquired
other than by way of conveyance, or other formal instrument of transfer (such as by death, judicial
act or dissolution), the person acquiring or succeeding to ownership shall present the Council of
Co -Owners of the Association evidence satisfactory to it of facts evidencing lawful ownership
status prior to exercise of any rights of membership in the Association. Failure to provide such
evidence shall not, however, relieve an owner of his or her ownership obligations. A fiduciary or
other official acting in the representative capacity shall exercise all membership rights and
privileges of the owner which he or she represents.
3. If more than one person is the owner of the same unit, all such owners shall be
members and remain jointly and severally liable for all membership obligations. In such cases, or
if more than one fiduciary or other official is acting in the premises, the votes entitled to be cast
by the owners of that unit shall be cast by the person named for that purpose on a certificate
signed by all such owners or fiduciaries or other officials and filed with the Council of Co -Owners
and such person shall be deemed to hold an ownership interest to such for purposes of voting
and determining the representation of such ownership interest at any meeting or for purposes
otherwise provided herein. If such certificate is not executed and filed with the Council of Co -
Owners, such membership shall not be in good standing and the votes for that unit shall not be
considered in considering a quorum or a vote or for any other purposes until this Bylaw is complied
with.
4. The owner of each unit shall be entitled to one (1) vote on all matters to be determined
by the members of the Association either as owners or as units or as contemplated by Chapter
499B of the 2019 Code of Iowa, as amended, pursuant to the Declaration, including any
supplements or amendments thereto, submitting the property to the regime. Votes of a single unit
may not be divided.
5. In the event any dispute arising that concerns any matter to be determined by the
members of the Association results in a 1 to 1 vote, the members agree to first engage in good
faith negotiations to resolve any such dispute. In the event that they are unable to resolve any
such dispute by negotiating, the owner of each Unit shall choose one arbitrator and such
arbitrators shall choose one additional arbitrator, and the decision of the majority of all the
arbitrators shall be final and conclusive of the questions presented. If either owner refuses or fails
to promptly appoint an arbitrator, the same may be appointed by a judge of the District Court of
Iowa in and for Johnson County. Arbitration shall be in accordance with the rules of the American
Arbitration Association, and the cost thereof shall be shared equally by the owners.
II. COUNCIL OF CO-OWNERS
1. The affairs of the Association shall be managed by the Council of Co -Owners
(Council). The Council shall consist of all members of the Association. An officer or designated
agent of a partnership or corporate member shall qualify to serve on the Council.
III. POWERS AND DUTIES OF THE
COUNCIL OF CO-OWNERS
All of the powers and duties of the Association shall be exercised by the Council, including
those existing under the common law and statutes, and the documents establishing the
Condominium Regime, per Article VI of the Declaration of Condominiums. Such powers and
duties of the Council shall be exercised in accordance with the provisions of the Declaration which
governs the use of the land, and in addition to those elsewhere provided, shall include but not be
limited to the following:
1. The enforcement by legal means of the provisions of the Horizontal Property Regime,
the Articles and Bylaws of the Association, Declaration, and the regulations for the use of the
property in the Regime; and to take legal action in the name of the Association and on behalf of
its members.
2. To carry insurance on the property committed to the Regime and insurance for the
protection of unit owners, and occupants and the Association, if authorized by the members.
3. To conduct all votes or determinations of the members other than at a membership
meeting.
4. To do such other acts as are necessary and proper to affect the purpose of the Regime
as stated in the Declaration and these Bylaws provided such acts are not otherwise prohibited.
IV. OFFICERS
1. The officers of the Association shall be the President, a Vice President, and a
Treasurer -Secretary which offices may be filled by one person. All such officers shall be elected
annually by the Council from the members of the Association. Each officer shall have the powers
and duties usually vested in such office, and such authority as is committed to the office by the
Bylaws or by specific grant from the Council, but subject at all times to the provisions of the Bylaws
and to the control of the Council.
2. The President shall be the chief executive officer of the Association. He or she shall
preside at all meetings of the Council.
3. The Vice President shall preside over the Council meetings in the absence or disability
of the President, and shall otherwise exercise the powers and duties of the President in the event
of the absence or disability of the President and shall generally assist the President and exercise
such other powers and duties as are prescribed by the Council.
4. The Secretary and Treasurer, which shall constitute one office, shall keep the minutes
of all proceedings of Council meetings and shall have custody and control of the Minute Book of
the Association and shall keep or be in charge and control of the records of the Association and
additionally as Treasurer have control of the funds and other property of the Association and shall
keep the financial books and records thereof.
5. Any instrument affecting an interest in real property may be executed by the President
or Vice President and one other officer upon authorization of the Council or in such manner as
the Council may otherwise direct.
V.AMENDMENT
1. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the
members at a regular or special meeting of the members upon the affirmative vote of 100% of all
votes entitled to be cast; provided, however, no amendment effecting a substantial change in
these Bylaws shall affect the rights of the holder of any mortgage recorded prior to recordation of
such amendment who does not join in the execution thereof and who does not approve said
amendment in writing.
2. To the extent provided by Section 49913.14 of the 2019 Code of Iowa, as amended, no
modification nor amendment to these Bylaws shall be effective unless set forth in an amendment
to the Declaration, executed and recorded in the manner set forth in the Declaration and an
amendment to these Bylaws shall constitute an amendment to the Declaration as provided for by
law. Upon such recording, said amendment shall be effective against all persons having an
interest in a unit or the Regime regardless of whether said person had such interest at the time
said amendment was adopted.
VI. MISCELLANEOUS PROVISIONS
1. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining
provisions or portions hereof.
2. The Association shall not have and employ a corporate seal.
3. The Association shall promulgate such Rules and Regulations as it deems to be in the
best interests of all owners within the Regime.
4. Each member shall have the obligations as such member as are imposed on him or
her by the Declaration as an owner, and no member shall have any power or authority to incur a
mechanic's lien or other lien effective against the regime property except as the same may attach
only against his or her interest therein.
5. No provision or restriction otherwise void by reason of application of the Rule Against
Perpetuities shall continue for a period longer than the life of the last to survive of the owners or
present officers of the Declarant, and their children in being, at the time of the initial recording of
the Declaration and twenty-one years thereafter.
6. Each owner or lessee of his or her unit, as applicable, shall have a right to use and
enjoy the Limited Common Elements, as defined in Article IV, appurtenant to such unit provided
that such use shall be limited to the uses permitted by the Declaration and other governing
documents of the Regime.
VII. MEMBERS' MEETINGS
1. Meetings of the members of the Association may be called for any purpose by a unit
owner.
2. Written or printed notice stating the place, day and hour of the meeting and the
purpose for which said meeting is called, shall be delivered not less than 7 or more than 60 days
before the date of the meeting, either personally or by mail, by or at the direction of any officer or
any unit owner. If mailed, such notice shall be deemed to be delivered when deposited in the
United States mail, addressed to the member at his or her last known address. This notice
requirement may be waived, in writing, by a unit owner representing each unit.
3. A quorum at a members' meeting shall consist of 2 representatives, either in person
or by proxy, representing each unit.
VIII. DEFINITIONS
Unless the context otherwise requires, the terms used herein shall have the meanings
stated in Chapter 499B of the Code of Iowa, as amended and as follows:
1. Person. The term "person" shall include an individual, a corporation, or other legal
entity or its representative.
2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who
owns or holds an interest in one or more units subject to the Regime provided that the holder of
a leasehold interest in a unit shall not be an owner and further provided that the holder of an
equitable interest shall be an owner.
3. Singular, plural and gender. Whenever the context so permits or requires the use of
the singular shall include the plural, the plural the singular, and the use of any gender shall include
all genders.
CITY OF IOWA CITY
B : ruce Teagu , May
EXHIBIT "E"
RULES AND REGULATIONS
FOR
2129-2131 TAYLOR DRIVE CONDOMINIUMS
1. Parking. Parking of cars, trucks, motorcycles, trailers, boats, campers, recreational
vehicles, and other vehicles is allowed only on the driveways. No Unit Owner, guest or invitee
shall block vehicular access to each Unit's driveway by parking vehicles or placing objects within
the driveway. No Unit Owner shall install additional parking slabs on any part of the Property.
2. Satellite Dish and Antenna. Radio or television antenna, satellite dish, or any
wiring for any purpose may not be installed on the exterior of the Building without the written
consent of both Unit Owners.
3. Noise. No Unit Owner shall make or permit any disturbing noises in the Building which
will interfere with the rights, comforts, or conveniences of t h e other Unit Owner. No
Unit Owner shall playupon or suffer to be played upon any musical instrument or operate
or permit to be operated a radio, television, electronic device, or other loud -speaker in
such Owner's Unit between the hours of 10:00 PM and the following 6:00 AM., if the same
shall disturb or annoy other occupants of the Building.
4. Cleanliness. Each Unit Owner shall keep his or her Unit in a clean and sanitary
condition. Unit Owners shall n o t sweep or throw from the doors or windows any dirt or
other substance, or permit to be swept or thrown therefrom. Unit Owners shall not cause or
permit any unusual or objectionable odors to be produced upon or emanate from their respective
units.
5. Maintenance Responsibilities. As provided in Article VII of the Condominium
Declaration, the Unit Owner shall maintain, at his or her expense, the Limited Common Elements
appurtenant to his or her Unit (essentially the "north half" of the yard for 2129 Taylor Dr. and the
"south half' of the yard for 2131 Taylor Dr.), including but not limited to:
(a) Mowing and lawn care as required by the Iowa City City Code.
(b) Snow removal on the sidewalk as required by the Iowa City City Code.
(c) The right of way between the curb and property line as required by the Iowa
City City Code.
(d) The sidewalk squares as required by the Iowa City City Code.
(e) Snow removal on and maintenance to driveway.
6. Renting. As provided in Article VIII of the Condominium Declaration, no Unit may be
rented. The Unit owners must occupy, reside, and live in the Unit. Notwithstanding any other
provision herein, a Unit owner may lease to one person for a minimum period of 90 days provided
the Unit owner occupies, resides and lives in the Unit throughout the rental period.
7. Fencing. As provided in Article IX of the Condominium Declaration, no Unit Owner
may install a fence in the front yard without the written consent of the other Unit Owner. Each
Unit Owner may install a fence in the portion of the rear yard designated as that Unit's Limited
Common Elements without the written consent of the other Unit Owner.
8. Animals. All animals must be licensed with the Iowa City Animal Care and Adoption
Center as required by the Iowa City City Code.
9. Mailboxes. Exterior name plates and mailboxes must be installed in a manner
uniform and consistent with that of the other Unit and approved by the other unit Owner.
10.Amendment. These Rules and Regulations may be amended, modified or
altered only as provided in the Bylaws of 2129-2131 Taylor Drive Condominiums Owners
Association.
These Rules and Regulations have been approved by the Council of Co -Owners
consisting of all members of 212 9- 213 T a y I o r D r i v e Condominiums Owners Association
on March , 2020.
CITY OF IOWA CITY
By: Bruce Teague, Mayor
Center as required by the Iowa City City Code.
9. Mailboxes. Exterior name plates and mailboxes must be installed in a manner
uniform and consistent with that of the other Unit and approved by the other unit Owner.
10.Amendment. These Rules and Regulations may be amended, modified or
altered only as provided in the Bylaws of 2129-2131 Taylor Drive Condominiums Owners
Association.
These Rules and Regulations have been approved by the Council of Co -Owners
consisting of all members of 2129-2131 Taylor Drive Condominiums Owners Association
on March 3rd 2020.
CITY OF IOWA CITY
B . ruce Teague, May
Item Number: 8.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution establishing a revised schedule of fees and charges for Parks
and Recreation services and programming and rescinding Resolution
Number 19-43 previously establishing said fees and charges.
Prepared By: Brad Barker, Recreation Superintendent
Reviewed By: Juli Seydell Johnson, Director of Parks & Recreation
Sue Dulek, Assistant City Attorney
Dennis Bockenstedt, Director of Finance
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission:
Parks and Recreation Commission Approved on January 8, 2020
Attachments: Resolution
FY21 Parks & Recreation Fee Schedule
Executive Summary:
City Code requires the Parks and Recreation Department submit a schedule of fees and charges
to be adopted by the City Council. The Parks and Recreation Commission annually reviews,
make suggestions and approves fees and charges for all Parks and Recreation Department
services and programs. City Code requires review by the City Council for adoption. The
proposed effective date of change is congruent with first day of summer registration, April 23,
2020.
Background /Analysis:
The City Code requires the Parks and Recreation Department to submit a schedule of fees and
charges every year for approval by the City Council. The Parks and Recreation Commission
annually reviews and approves fees and charges for all Parks and Recreation Department
services and programs.
Staff recommends that user fees for FY21 incur an increase in the 2-5% range. Exceptions to this
are daily admission fees and other anomalies as noted. The reasoning for the variation in
percentages is to round numbers to the nearest dollar in order to simplify the user registration
experience.
Notable variations in the recommended user fees include:
• Farmers Market:
• Advertising Fees will increase to $1 and are incurred on a per daily market basis.
• The only merchandise currently sold at the Market is a $5 thermal -lined canvas bag.
• Aquatics
o Private Swim Parties at City Park Pool was a new addition this past summer and staff
plans to keep this as an option for FY21.
• Adult Sports Programs
o Lowering the minimum price point from $30 to $10 allows for more flexibility in pricing
for individual participants and non-traditional sports leagues/tournaments.
• Field Rentals / Shelter Houses & Other Park -Related Reservations
• A review of current fees found an error in FY19 fees. I n an effort to move fees back to
normal, it is staff's recommendation that these specific fees be updated in FY21 to
reflect the regular fee increases that would have occurred at approximately 3.0% per
increase cycle.
• Staff will establish auditing measures to ensure these fees are assessed accurately in
FY21 and beyond. Staff will verify that the activity guide, website and registration
software properly reflect current rates.
• TTRA / Ashton House/ Garden Plots
o The proposed FY21 fees for these facilities were modified to more accurately reflect
an increase on the fees currently being assessed. Half facilities have been removed at
TTRA due to operational challenges and to improve the quality of customer
experiences.
ATTACHMENTS:
Description
Park Fees Resolution FY21
Parks and Recreation FY21 Fee schedule
Prepared by: Brad Barker, Recreation Superintendent, 220 S. Gilbert St., Iowa City, IA 52240; 319.356.5102
Resolution No. 20-47
Resolution establishing a revised schedule of fees and charges for
Parks and Recreation services and programming and rescinding
Resolution Number 19-43 previously establishing said fees and
charges.
Whereas, Section 10-9-5 of the City Code provides that, "[u]pon recommendation of the Parks
and Recreation Commission, all Parks and Recreation fees shall be established by resolution of
the City Council"; and
Whereas, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented beginning April 23, 2020; and
Whereas, it is in the public interest to review and occasionally revise said fees.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The schedule of fees and charges for parks and recreation services and programming,
as approved by the Parks and Recreation Commission and attached hereto, is
adopted effective April 23, 2020.
2. Resolution Number 19-43 previously establishing said fees and charges is rescinded
effective April 23, 2020.
Passed and approved this 3rd day of march 2020.
ay r
City Attorney's Office
Resolution No.
Page 2
20-47
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Bergus
x
Mims
x
Salih
x
Taylor
x
Teague
x
Thomas
x
Weiner
City of Iowa City
Parks anr♦ P-r-tinn r) n rfrr of
Cost Center
GL / Revenue
Type
2014 Fee
2015 Fee 2016 Fee
2017 Fee
2018 Fee
2019 Fee
2020 Fee
2021 Proposed
1.00
% Change
33.33%
10510214
Farmer's Market
348300
Advertising Fees
0.50
0.50
0.50
0.50
0.75
0.75
0.75
10510214
Farmer's Market
363910
Misc. Sale of Merch
7-12
8-13
8-13
8-13
9-14
9-14
9-14
5.00
SEE MEMO
10510214
Farmer's Market
382100
Vendor Fees
12.50/14.00
12.50/14.00
13.00/15.00
14.00/16.00
14.50/16.50
10.00/17.25
10.00/18.00
10.50-18.50
2.8-5.0%
10520200
Rec. Center Operations
382200
Building/Room Rental
-Mtg Rm/Kitch/Craft Rm
30.00
30.00
30.00
30.00
30.00
32.00
32.00
33.00
3.13%
-Social Hall
70.00
70.00
70.00
70.00
80.00
82.00
82.00
84.00
2.44%
Gymnasium
-Full Gym
75.00
75.00
75.00
75.00
45.00
45.00
45.00
47.00
4.44%
-Half Gym
25.00
25.00
25.00
25.00
26.00
4.00%
10520200
Rec. Center Operations
382400
Locker Rentals
-Daily (coin operation)
.25-.50
.25-.50
.25-.50
.25-.50
0.75
0.75
0.75
0.75
0.00%
-Six Months
45.00
45.00
45.00
45.00
60.00
60.00
60.00
Discontinued
N/A
-Replacement key
30.00
30.001
30.00
30.00
0.00%
10520264
Scanlon Gym
346100
Admissions
-Tot Time
$1.50
$1.50
1.50
1.50
1.50
1.00
1.00
1.00
0.00%
10520264
Scanlon Gym
346700
Special Events
-Birthday Parties
90.00
90.00
80.00-95.00
80.00-95.00
85.00-100.00
88.00-103.00
88.00-103.00
90.00-106.00
2.3-2.9%
10520264
Scanlon Gym
382200
Building/Room Rental
-Gym
45/75
45/75
45/75
45/75
45.00/75.00
45.00/75.00
45.00/75.00
47.00/78.00
4.0-4.4%
-Mercer Mtg. Room
22.00
25.00
25.00
26.00
26.00
27.00
3.85%
-P&G Room
40.00
40.00
40.00
42.50
45.00
46.00
46.00
47.00
2.17%
-Wellness room
25.00
26.00
26.00
27.00
3.85%
-Gym Sporting Event
I
1
1 40/701
40.00/70.00
40.00/70.00
40.00/70.00
41.00/72.00
2.5-2.9%
10520265
Grant Wood Gym
382200
Building/Room Rental
45/75
45/75
25.00-75.00
45/75
45.00
45.00
45.00
47.00
4.44%
-Sport team practice (1/2
court)
25.00
25.00
25.00
25.00
26.00
4.00%
-Parties
85.00-100.00
88.00-103.00
88.00-103.00
90.00-106.00
2.3-2.9%
10520420
Social Programs
346400
Lessons
26.00
26.00
26.00-30.00
26.00-30.00
27.00-31.00
28.00-48.00
28.00-48.00
29.00-50.00
3.6-4.2%
10520420
Social Programs
363910
Misc. Sale of Merch
12.00
12.00
12.00
12.00
12.00-20.00
10520430
Cultural Programs
346400
Lessons
26.00
26.00
26.00-30.00
26.00-30.00
27.00-31.00
28.00-48.00
28.00-48.00
29.00-50.00
3.6.4.2%
10520430
Cultural Programs
346300
Potters Studio Pass
200.00
210.00
210.00
210.00
220.00
4.76%
10520460
Summer Camp
346400
Lessons
150.00
155.00
160-175
160-185
175.00
185.00
185.00
190.00
2.70%
1052020
Aquatics Instruction
346400
Lessons
-Red Cross (Group)
32.00
32.00
32.00
24.00
24.00
25.00
25.00
22.00-26.00
4.00%
-Private
36.00
36.00
36.00
75.00
54.00
56.00
56.00
50.00-58.00
3.60%
-Custom Private
90.00
90.00
93.00
93.00
62.00-96.00
3.22%
-Adult Lessons (Group)
34.00
34.00
34.00
34.00
N/A
N/A
N/A
22.00-26.00
N/A
-Lifeguarding
100.00
100.00
135.00
135.00
165.00
165.00
165.00
170.00
3.03%
-Water Safety Inst. (40 hr)
125.00
125.00
140.00
140.00
175.00
175.00
175.00
180.00
2.86
-Lifeguard Instructor
1
220.001
220.001
225.00
225.00
225.001
230.001
2.22%
10520530
Aquacizing
346200
Punch Pass
70.00
70.00
70.00
70.00
60.00
60.00
60.00
32.00**
10520530
Aquacizing
-Single Admision
4.00
4.00
4.00
4.00
4.50
4.50
4.50
4.00
-11.11%
10520541
Rec Center Pool Oper
346100
Admissions
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
0.00%
10520541
Rec Center Pool Oper
346200
Punch Pass
28.00
28.00
30.00
30.00
30.00
31.00
31.00
32.00
3.23%
10520541
Rec Center Pool Oper
346300
Pool Passes
-Annual Pass
194.00
194.00
208-402
208-402
214.00-414.00
220.00-426.00
220.00-426.00
227.00-439.00
3.1-3.2-%
10520541
-30 Day Pass
16.00
18.00
19.00-36.00
19.00-36.00
20.00-37.00
20.50-38.00
20.50-38.00
21.00-39.00
2.4-2.6%
10520541
Rec Center Pool Oper
382200
Private Swim Party
75.00
75.00
75.00
75.00
75.00
75.00
75.00
78.00
4.00
10520542
Mercer Prk Pool Oper
346100
Admissions
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
0.00%
10520542
Mercer Prk Pool Oper
346200
Punch Pass
28.00
28.00
30.00
30.00
30.00
31.00
31.00
32.00
3.23%
10520542
Mercer Prk Pool Oper
346300
Pool Passes
-Annual
194.00
194.00
208-402
208-402
214.00-414.00
220.00-426.00
220.00-426.00
227.00-439.00
3.1-3.2-%
-30 Day Pass
16.00
18.00
19.00-36.00
19.00-36.00
20.00-37.00
20.50-38.00
20.50-38.00
21.00-39.00
2.4-2.6%
10520542
Mercer Prk Pool Oper
382200
Private Swim Party
75.00
75.00
75.00
75.00
75.00
75.00
75.00
78.00
4.00%
10520543
City Park Pool Oper
346100
Admissions
$2-$4
$2-$4
2.00-4.00
2.00-4.00
2.00-4.00
2.00-4.00
2.00-4.00
2.00-4.00
0.00%
10520543
City Park Pool Oper
346200
Punch Pass
28.00
28.00
30.00
30.00
30.00
31.00
31.00
32.00
3.23%
10520543
City Park Pool Oper
346300
Pool Pass
-Annual Pass
194.00
194.00
208-402
208-402
214.00-414.00
220.00-426.00
220.00-426.00
227.00-439.00
3.1-3.2%
-30 Day Pass
18.00
18.00
19.00-36.00
19.00-36.00
20.00-37.00
20.50-38.00
20.50-38.00
21.00-39.00
2.4-2.6%
10520543
City Park Pool Oper
382200
Private Swim Party
225.00
N/A
10520620
SPI Clubs and Special Events
346500
Entry Fees
13.00
14.00
14.00
14.00
14.50
15.00
15.00
N/A
10520620
SPI Clubs and Special Events
345600
Chartered Bus Trips
N/A
10520620
SPI Clubs and Special Events
346400
Lessons
$7-$22
$8-$23
$8-$23
$8-$23
8.25-24.00
8.50-25.00
8.50-25.00
5.00-26.00
4.00%
10520620
SPI Clubs and Special Events
346700
Special Events
25.00-50.
5.00-26.00
4.00%
10520720
Youth Sports Programs
346400
Lessons
22.00-48.00;22=.0048.00
25.00-50.00
26.00-51.50
110.00-410.00
27.00-53.00
27.00-53.00
28.00--55.00
3.7-3.9%
10520820
Adult Sports Programs
90.00-390.00
.00-400.00
105.00-400.00
=00
00
90.00-410.00
30.00-410.00
10.00-425.00
2.00%
Cost Center
10530200 Parks Ops & Maint
GL I Revenue Type
382100 Land Rental - Garden Plots
22.00
2-2.00
23.90
2590
2575
3399
3399
Pro -posed
17.00-27.00
_'%�
See Memo
10530200 Parks Ops & Maint
382600 Theatre/Stage Rental
25-100/hr
50-100/hr
50-150 hr
50-150 hr
51.50-154.50
67-200/hr
67-200/hr
69.00-206.00
3.00%
10530200 Parks Ops & Maint
382700 Reservations
-Park Shelters (for 4 hours)
14-52
14-52
16-104
16.00-104.00
4630 187.90
22:99 139.00
22.00 :3790
17.00-110.00
5.8-6.3%
- City Park parking
60.00
60.00
60.00
69.90
78.09
73.90
Parking Division
N/A
-walk/event
45999
405.00
40598
Shelter Rate
N/A
-walk/event deposit
409:99
43999
43999
Not Collected
N/A
-disc golf tournament/shelter
65.90
Shelter Rate
N/A
10530200 TTRA
382700 Reservations
-TTRA Lodge
40-1000
50-1500
50-1500
.00-2000.00
702600
702600
111.00-2678.00
See Memo
10530200 Ashton House
382700 Reservations
40-750
40-750
40-750
50.00-500.00
63 659
65 659
67.00-670.00
See Memo
10530211 Ball Diamonds
382100 Tourn. Fees (land rental)
-Out of town
23.00
25.00
30.00
30.00
31.00
49.00
49.08
33.00
6.45%
-Local
14.50
15.00
20.00
20.00
21.00
27.00
27.00
22.00
4.76%
-Lights (per hour)
13.50
13.50
15.00
15.00
16.00
21.00
2198
17.00
6.25%
10530211 Ball Diamonds
382700 Reservations
-Field Rental Local (per hour)
10.50
11.00
15.00
15.00
16.00
21.00
2198
17.00
6.25%
-Field Prep Local
23.00
25.00
30.00
30.00
31.00
4990
4999
33.00
6.45%
-Lights (per hour)
13.50
13.50
15.00
15.00
16.00
21.00
21.00
17.00
6.25%
-Field Rental Out of Town
13.5
13.50
18.00
18.00
19.00
25.09
25..09
21.00
10.53%
-Field Prep Out of town
27.75
29.00
35.00
35.00
36.00
4788
47.00
39.00
8.33
10530212 Soccer
382700 Reservations
-Field Rental Local (per hour)
19.00
19.00
20.00
20.00
21.00
2789
2780
22.00
10.00%
-Out of town/game nontourn
25.00
25.00
25.00
25.00
26.00
34:99
34.00
28.00
12.00%
-Cross Country event
250.00
325.09
325:00
265.00
6.00%
10530212 Soccer
382100 Tourn. Fees (land rental)
-Out of town (per hour)
29.00
29.00
30.00
30.00
31-:00
4999
49030
33.00
10.00%
10530212 Soccer
-Local (per hour)
23.00
25/hr
25.00
25:09
33-W
3390
27.00
8.00%
WE
10530201 Cty Park Rides
34600 Admissions
-Single Ticket
0.75
1.00
1.00
1.00
1.00
1.00
Jot Applicable
Not Applicable
-Punch Pass
6
8.00
8.00
8.00
8.00
8.00
Jot Applicable
Not Applicable
10530221 Dog Parks
346100 Admissions
-Annual Tags
35-115
35-115
40-135
40-135
40-135
52-176
52-176
53.00-181.00
1.9-2.3%
-Daily Tags
5.00
5.00
5.00
5.00
5.00
7.00
5.00
5.00
0.00%
-Special Events
50-95
50-95
65-124
65-124
67.00-128.00
3.1-3.2%
10540100 Cemetery
348890 Charges for Services
80-200
80-200
90-250
90-250
90-250
93-258
93-258
96.00-266.00
3.10%
-Internments
100-1000
100-1000
125-1100
125-1100
125-1100
129-1133
129-1133
133.00-1167.00
3.0-3.1%
392100 Sales of Land
-Lot Sales
200-1600
200-1600
300-1600
300-1600
300-1600
309-1442
309-1442
318.00-1485.00
2.9-3.0%
* Percentage in price change from the last approved AND implemented rate.
■
0
Item Number: 8.d.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Mercer Aquatic Center Pool
LED Lighting Project.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $85,460 available in the Carbon Emissions Reduction Project account #
E4520
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item begins the contracting and construction phase of the Mercer Aquatic Center
Pool LED Lighting Project. The project manual and estimate of cost, prepared by Shive-Hattery,
Inc. of Iowa City, Iowa, were approved at the February 4, 2020 City Council Meeting. The
estimated cost of construction was $155,000. One addendum was issued during the bidding to
provide minor clarifications and to respond to questions from contractors. Two (2) bids were
submitted to the City Clerk prior to the deadline on February 25, 2020:
Bidder Name Total Bid Amount
Advance Electrical Services. Iowa City, IA $132,750.00
Gerard Electric, Inc. Iowa City, IA $85,460.00
Gerard Electric, Inc. of Iowa City, Iowa submitted the lowest responsive, responsible bid of
$85,460.00. Staff recommends awarding the Contract for the Mercer Aquatic Center Pool LED
Lighting Project to Gerard Electric, Inc.
Background /Analysis:
The project involves replacing the original 1986 Pool metal halide ceiling light fixtures with high -
efficient LED light fixtures. The intent of the project is to improve energy efficiency and also to
meet the current Iowa Department of Public Health Pool code for lighting requirements. The new
light fixtures will be indirect lighting in an aluminum housing and are suitable for Natatoriums,
corrosive and wet environments. The most significant benefits are: extremely long lifespans
(50,000 to 100,000 hours or more), very high energy efficiency, extremely high light quality and
little to no maintenance costs.
ATTACHMENTS:
Description
Resolution
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436
Resolution No. 20-48
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Mercer Aquatic Center Pool LED Lighting Project.
Whereas, Gerard Electric Inc. of Iowa City, IA, has submitted the lowest responsible bid of
$85,460.00 for construction of the above-named project; and
Whereas, funds for this project are available in the Carbon Emissions Reduction Project account #
E4520;and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project is hereby awarded to Gerard
Electric, Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3rd day of march 2020
I
a or
roved b
Attest : 2•/d" ?- 8— D
City Jerk / City Attorney's Office
It was moved by Weiner and
adopted, and upon roll call there were:
Ayes:
44
Nays:
by Taylor the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 8.e.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution accepting the work for the Hickory Hill Park Improvements
Project — Phase 1.
Prepared By: Jason Reichart, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The Hickory Hill Park Improvements Project — Phase 1 has been completed by Calacci
Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the plans and
specifications prepared by RDG Planning and Design, of Des Moines, Iowa. The Engineer's
Report and Performance and Payment bond are on file with the City Clerk.
• Project Estimated Cost: $306,000.00
• Project Bid Received: $320,032.18
• Project Actual Cost: $320,084.83
Background /Analysis:
A Master Plan was completed for Hickory Hill Park in 2016. Creation of this Master Plan included
input from members of the Friends of Hickory Hill, public comment at a series of public meetings
and online comments. The Hickory Hill Park Improvements Project will implement the highest
priorities of this plan in two (2) phases.
This project included clearing and grubbing; aggregate trail construction; stormwater drainage
improvements, including water bars, subdrain and rip -rap; one (1) new pre-engineered steel
pedestrian bridge and concrete abutments; and new signage and wayfinding throughout the park.
ATTACHMENTS:
Description
Engineer's Report
Resolution
I r 1
:rui W
1 00901®i
CITY OF IOWA CITY
4 l.0 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
ENGINEER'S REPORT
February 25, 2020
City Clerk
Iowa City, Iowa
Re: Hickory Hill Park Improvements Project — Phase 1
Dear City Clerk:
The Hickory Hill Park Improvements Project — Phase 1 has been completed by Calacci
Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the plans and
specifications prepared by RDG Planning and Design of Des Moines, Iowa.
The project was bid as a unit price contract and the final contract price is $320,084.83.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, PE
City Engineer
g e,
Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416
Resolution No. 20-49
Resolution accepting the work for the Hickory Hill Park
Improvements Project — Phase 1
Whereas, the Engineering Division has recommended that the work for construction of the Hickory
Hill Park Improvements Project - Phase 1, as included in a contract between the City of Iowa City
and Calacci Construction Company, Inc. of Iowa City, Iowa, dated March 6, 2019, be accepted;
and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Hickory Hill Park & Trail Redesign &
Development account # R4224; and
Whereas, the final contract price is $320,084.83.
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 3rd day of March , 2020
r
Attest:
It was moved by Weiner and seconded by
adopted, and upon roll call there were:
Ayes:
Nays:
Approved b
.2-te1. -,IL?
City Attorney's Office
for
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 8.f.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution approving, authorizing and directing the Mayor to execute and
the City Clerk to attest an Agreement by and between the City of Iowa City
and Midland GIS Solutions, LLC, of Maryville, MO to provide engineering
consultant services for the Asset Management Project.
Prepared By: Jonathan Durst, Asst. Water Superintendent
Reviewed By: Scott Sovers, Asst. City Engineer
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $429,973.00, available in the Infrastructure Asset Management account
#G4724
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Agreement
Executive Summary:
This agreement authorizes Midland GIS Solutions, LLC (Midland) to provide consultant services,
including the study of existing asset management data and products, assist in the procurement of
products and services, implementation of processes and products, and the collection of asset
inventory data for the Asset Management Project.
Background /Analysis:
Asset management is the combination of asset inventory, history, and analytics built on top of one
another. Therefore, asset inventory — knowing what and where your assets are — is the base for
the asset management system. Asset management has been a growing topic of interest within
communities as new digital resources and products have enabled improved data collection and
utilization. The City desires to make use of these resources and products to improve asset data
collection, and use that data to meet the needs of the community and better allocate finite financial
resources.
The City uses various software products to manage spatially -distributed assets such as Tree
Plotter for right-of-way trees, CUES GraniteNet for sewer main inspection, and Cartegraph for
traffic signs and water distribution assets. Additionally, some spatially -distributed assets have an
asset inventory presence in ESRI ArcGIS with direct or indirect connections to the asset
management program. The version of Cartegraph the City uses is no longer supported by the
company. Other programs are digitally isolated or the assets they attempt to manage are poorly
inventoried. These issues cause inefficiencies through lack of available data, conflicting
processes, and reliance on software that is prone to error.
Midland is tasked with studying the City's existing asset data and systems, assisting in the
procurement of an asset management platform program and services, the implementation of
products and applications, and the collection of asset inventory.
ATTACHMENTS:
Description
Resolution
Agreement
Prepared by: Jonathan Durst, Assistant Water Superintendent, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5169
Resolution No. 20-50
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest an Agreement by and between
the City of Iowa City and Midland GIS Solutions, LLC, of Maryville,
MO to provide engineering consultant services for the Asset
Management Project
Whereas, the City desires to improve asset management capabilities for spatially distributed assets
by procuring and utilizing digital resources; and
Whereas, the City of Iowa City (hereinafter "City') desire the services of a consultant to study,
recommend, and implement solutions to achieve an asset management system for the Iowa City
Asset Management Project (hereinafter "Project"); and
Whereas, the City issued a request for proposals to consultant companies interested in providing
services for the Project; and
Whereas, submittals were received and evaluated by a selection committee; and
Whereas, Midland GIS Solutions, LLC, of Maryville, MO, (hereinafter "Consultant") was selected
based on qualifications and project specific criteria such as project approach, reference projects,
schedule, and fee; and
Whereas, City staff has negotiated a Consultant Agreement to provide said services; and
Whereas, the City Council deems it in the public interest to enter into the negotiated Consultant
Agreement with the Consultant for the Project at a not -to exceed fee of $429,973.00; and
Whereas, funds for this project are available in the Infrastructure Asset Management account
#G4724.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The Consultant's Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
3. The City Manager is authorized to execute amendments to this contract as they may
become necessary.
Passed and approved this 3rd day of march _,2020
reed by
Attorney's Office
gf
Resolution No. 20-50
Page 2
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Consultant Agreement
This Agreement, made and entered into this 3rd day of march
2020 , by and between the City of Iowa City, a municipal corporation (hereinafter,
the "City") and Midland GIS Solutions, LLC, of Maryville, MO (hereinafter, the "Consultant".)
Whereas, the City desires to improve asset management capabilities for spatially distributed
assets by procuring and utilizing digital resources; and
Whereas, the City desires the services of a consultant to study, recommend, and implement
solutions to achieve an asset management system for the Iowa City Asset Management Project
(hereinafter the "Project"); and
Whereas, the City issued a request for proposals to consultant companies interested in
performing the tasks of the Project; and
Whereas, submittals were received and evaluated by a selection committee; and
Whereas, the Consultant was selected based on qualifications and project -specific criteria such
as project approach, reference projects, schedule, and fee; and
Whereas, City staff has negotiated a Consultant Agreement (hereinafter, the "Agreement") to
provide said services; and
Whereas, the City Council deems it in the public interest to enter into the negotiated Consultant
Agreement with the Consultant for the Project at a not -to exceed fee of $429,973.00; and
Whereas, funds for this project are available in the Infrastructure Asset Management account
G4724.
Now Therefore, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. Scope of Services
The Consultant agrees to perform the following services for the City, and to do so in a timely
and satisfactory manner.
PHASE 1 —Study
The Consultant will conduct an assessment and create a plan for the betterment of each asset
class management through the development of asset inventory, history, and analytics. Asset
classes to be included in the study are but not limited to: sanitary sewer, storm sewer, drinking
water, park facilities, trees, trails, City fiber, streets, sidewalks, traffic control, fleet/equipment,
refuse/recycling, parking meters, and City -owned property. The assessment will serve to identify
the quality, completeness, and processes associated with each asset class dataset. The plan
will provide a path to advance all asset classes onto a common asset management platform.
The expectation is that some asset classes will be ready for integration with asset management
software and others will need to develop more robust datasets and processes prior to
integration. Phase 1 will include the following activities:
• Lead and provide minutes for an on-site project kick-off meeting attended by the
project principal and manager
• Conduct interviews with division heads and field staff of the following divisions:
Wastewater, Water, Streets, Parks, ITS, Engineering, Resource Management,
Transit, Equipment, and Building Inspection to review current operations,
maintenance procedures, and digital tools
• Request and the City provide asset data to include record drawings, digital
datasets, and other documents related to the asset classes under study (i.e.
policy or procedures)
• Generate a preliminary report to include:
o An evaluation of each asset class and related information to develop
criteria and grading to assign an overall health of each asset class in
relation to asset management software integration.
o Recommended geodatabase and schema updates
o A plan for each asset class datasets integration into asset management
software
o Itemized costs associated with the steps for each asset class dataset
• Provide an electronic copy of the preliminary report to the City for review
• Update the preliminary report based on feedback from City reviewers and
resubmit electronically to the City for review
• Provide an electronic copy of the 90% draft of report to City for review
• Update the 90% report based on feedback from City reviewers and resubmit
electronically to the City for review
• Generate a final report and associated presentation and provide to the City for
review at least seven (7) business days prior to the final report presentation
• Present the report findings to the City
PHASE 2- Selection
The Consultant will develop the necessary documents for the purchase of products and services
far the Project. The products and services to be specified will be dependent on the results of
Phase 1. Specifications will Include technical support guidelines and training requirements.
The Consultant will attend all vendor meetings, provide minutes and reports as needed, and
serve on the selection committee. Phase 2 will include the following activities:
• Develop technical specifications and other necessary documents for inclusion in
a bid solicitation as determined by Phase 1
• Assist City staff in the development of criteria and ranking documentation for
selection committee
• Assist and participate in the selection and contractor/vendor interview processes
for the top three bidders as determined by the selection process
• Make recommendation to the City for award
• Consult with the City on contract negotiation terms and conditions
PHASE 3- Implementation
The City may or may not wish to advance this project beyond Phase 2. In the event the City
provides written authorization to Consultant to proceed to Phase 3, the Consultant will monitor
contracted services for the Project as specified in the contractor/vendor contract documents.
The Consultant will assist the stakeholders of each asset class and contractor/vendor to
facilitate the implementation of the solutions developed in Phase 1. Upon completion of Phase
3, the asset management systems and procedures will be ready for the City's continued
development of each asset class. Phase 3 will include the following activities:
• Monitor contracted services at key milestones for compliance with contract
documents
o Milestones defined as the initial deployment of the program to field staff in
each division and the completion of the deployment with each division.
• Act as technical liaison between City and contractor
• Provide application development and testing for no more than ten applications
o Application development will be for ESRI products and are assumed to be
ArcGIS Online (AGO) or ArcGIS Enterprise (AGE) applications for asset
management
o Example AGO or AGE apps include: Hydrant Flushing, Storm Water
Sampling, Sewer flushing
• Integrate new AGO / AGE applications and all ESRI resources with the selected
software solution
• Review contractor/vendor training for compliance with contract documents
• Provide training to staff on AGO applications developed by the Consultant
• Work with City staff to develop policies and procedures for maintenance and
future development of asset classes
• Provide recommendation of award for final payment upon completion of
integration
Sanitary Sewer GPS Mapping and GIS Development
The City may or may not wish to advance this project beyond Phase 2. In the event the City
provides written authorization to Consultant to proceed to Phase 3, the Consultant shall provide
all field asset inventory GPS mapping and GIS development services for the City's Sanitary
Sewer System. This will be done using RTK Survey -Grade GPS technology and will include
top -side structure inspections, horizontal and vertical accuracy of t2 centimeters. This will
include the following activities:
• Geodatabase design
• GPS data collection on all sanitary sewer assets
o Invert elevations
o Incoming and outgoing mainlines
o Depth
o Pipe sizes
o Pipe material
o Photograph of the structure
o Flow direction
o Condition rating
o Lining present
o Visible obstructions
o Major structure defects
• Field clean-up
• GIS data creation
• Quality assurance and quality control
• Check plot and City review and approval
• Implementation of final sanitary sewer asset data into the City's asset
management program
Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown. Phase 1 shall be completed prior to the start of Phase 2. Upon completion of
Phase 2, the City will determine whether it wishes to proceed to Phase 3. In the event the City
provides written authorization to Consultant to proceed to Phase 3 and Sanitary Sewer Asset
Inventory Collection services, the following schedule will govern. No work on Phase 3 or Asset
Inventory Collection shall commence without approval from the City.
Phase 1 - Estimated Start Time Frame February 24, 2020
Week 1 - On -Site Project Kick Off Meeting
Week 2 — Review and Assessment— Conduct Interviews
Week 3 — Review and Assessment Continued — Technology Review and Analysis, Data Health
Evaluation
Week 4 — Project Status and Preliminary Report
Week 5 - Preliminary Report Completion and Review, Begin Strategic Plan/Report Development
Week 6-9 — Strategic Plan/Report Development
Week 10 — Delivery and On -Site Presentation of Strategic Plan and Report
Phase 2 - Estimated start time May 1, 2020
Week 1-2 — Develop procurement documentation/solicitation, Formulate Ranking and Selection
Criteria
Week 2-6 — Open Solicitation Period to Potential Vendors, Finalize Ranking and Selection
Criteria
Week 6-9 —Assist and Participate in Vendor Interviews and Selection Committee Meetings
Week 9-10 — Provide Recommendation for potential award and consultation on contract
negotiation.
Phase 3 - Upon Phase 2 completion. Estimated start time July 10, 2020.
Week 1— System overview, analysis, Review Application Needs, Monitor contracted services
Week 2-6 — Application development and testing, Monitor contracted services
Week 7 — Beta Testing, facilitate contracted implementation, Integration, Monitor contracted
services
Week 8-11— Final Roll-out Implementation and Training to all departments
Sanitary Sewer GPS Mapping/GIS Development - Upon Phase 2 completion
Week 1-2 - Geodatabase Design, Including a Project Kick -Off Meeting On -Site
Week 3 — GPS Data Collection and Asset Inventory
Week 4-17 - GPS Data Collection and Asset Inventory, GIS Data Creation
Week 18 — GIS Data Creation, QA/QC
Week 19-20—Field Clean -Up Phase, GIS Data Creation, QA/QC
Week 21-23—GIS Data Creation, QA/QC
Week 24-26 — Check Plot Review
Week 27- QA/QC, Final Data Review
Week 28-29—QA/QC, Final Clean up Phase
Week 30 — Delivery, Implementation and Training
III. Compensation for Services
For the performance of the Agreement by the Consultant, the City shall pay the Consultant as
itemized below for the scope of services and deliverables of this Agreement. Compensation is
structured as not -to -exceed pricing based on the consultant's billing rates listed in the table
below. Each phase is governed by its own not -to -exceed figure and cannot exceed that figure in
the event another phase runs under its figure. Consultant shall not be paid for any Phase 3 or
Asset Inventory Collection work not authorized, in advance and in writing, by the City following
completion of Phase 2.
• Phase 1: S37.953.00
• Phase 2: $18,000.00
• Phase 3: $62,500.00
• Asset Inventory Collection for Sanitary Sewer: $311-520.00
Total: $429.973.00
A per structure rate has been calculated based on the billing rate table to provide the not -to -
exceed pricing for Asset Inventory Collection. Sanitary sewer asset inventory collection
services are based on a $59.00 per structure unit cost. Sanitary Sewer structures would include
all assets where a GPS shot is taken, and asset information is gathered. This can include:
• Manholes
• Lift stations
• Force main valves
• Lamp holes (f present)
The number of structures in the sanitary system was estimated by using a metric of one
structure for every 300 linear feet of sanitary sewer. The City estimates the sanitary sewer
system to contain approximately 300 miles of sewer main; therefore, 5,280 structures were
estimated. The fee is a not -to -exceed amount for the entire system. If additional structures
beyond the 5,280 are inventoried, the cost remains fixed. If fewer than 5,280 structures are
inventoried, then an amendment to the fee based on the unit cost may be applied.
Asset inventory collection services for additional asset classes are quoted below as a per
structure unit cost. This per structure is inclusive of all costs and mobility to perform asset
inventory services and provide GIS development. The unit costs below reflect the level -of -
service for complete asset inventory collection and GIS data creation for each system. A
structure represents an individual GPS location where the Consultant would record and gather
asset information.
Asset class
Per structure unit cost
Structure types
May include manholes, inlets, junction
Storm Water
$37.00
boxes, outfalls, and major detention
basins
Water Distribution
$18.00
May include hydrants and valves
May include PON terminal locations,
City Fiber
$18.00
splicing access points, attachment
points, hand holes
Traffic Signs and Signals
$10.00
Each pole with attached sign(s) and/or
signal(s)
Street and Trail Lights
$10.00
Each post that has lights attached or an
individual ground installed li ht
A structure is defined as an individual asset feature within a municipal asset system. The per
structure prices reflect the average cost per structure in a system. Individual structure price is
variable to the type of structure based on the level of effort involved for the consultant to access,
inventory, and develop GIS data.
Firm Billing and Per Diem Rates
Associate
Project Principal
Hourly Rate
$150.00
_
Project Manager
$141.00
Field Crew Chief
$78.00
Field Crew Tech
$60.00
GIS Tech 1
$45.00
GIS Tech 2
$71.00
GIS Tech 3
$80.00
Project
Administrator
$93.00
Programmer
$125.00
GIS Specialist
$125.00
Process Consultant
$75.00
Expense Rate
Overnight $150 per night/per
Stay/Hotel person
Mileage $.55 per mile
Travel Expenses $50.00 per day/per
(food) person
IV. General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identify, or
sexual orientation.
2. To discriminate against any Individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender Identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall not
be greater than the 'hot -to -exceed" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignmentshall be without the written consent of all Parties
to said Agreement
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an Independent contractor and shall be exclusive,
but the Consulfantshall have the right to employ such assistance as may be required
for the performance of the Project
E. It Is agreed by the City that all records and files pertaining to Information needed by
the Consultant forthe projectshall be available by said City upon reasonable request
to the Consultant The City agrees to furnish all reasonable assistance in the use of
these records and files.
F. It Is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa Ctty, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement Any requests made by the City shall
be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or lmlation as to the use relative
to specific projects covered under this Agreement In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall corhsUtute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement
K. Should any section of this Agreement be found invalid, it Is agreed thatthe remaining
portion shall be deemed severable from the Invalid portion and continue in full force
and effect
L Original contract drawings shall became the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultants own filing use.
M. Fees pail for securing approval of authorities having jurisdiction over the Project will
be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.6 of the
Iowa Code prohibits a City officer or employee from having an Interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an Interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.6.
O. Indemnification.
1. To the full extent permitted by law, Consultant agrees to defend,
Indemnify, and hold harmless the City against any and all claims,
demands, suits, loss, expenses, including attomey s fees, and for any
damages which may be asserted, claimed or recovered against or from
the City by reason of personal injury, including bodily Injury or death, and
property damages, Including loss of use thereof, caused by Consultants
negligent acts, errors or omissions in performing the work andlor services
provided by Consultant to the City pursuant to the provisions of this
Agreement
2. Consultant assumes full responsibility for any and all damage or Injuries
which may result to any person or property by reason of Consultants
negligent acts, errors or omissions In connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement,
and agrees to pay the City for all damages caused to the City s premises
resulting from the negligent acts, errors or omissions of Consuttard.
3. The Consultant's obligation to indemnify the City shall not include the
obligation to Indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attomey fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term '+Consultant' means and
Includes the Consultant, its officers, agents, employees, sub -consultants,
and others for whom Consultant is legally liable, and the term "City"
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
Insurance
1. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultants liability for
the Consultants negligent acts, errors and omissions in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant's
insurer. If the Consultant receives a non -renewal or cancellation notice from
an insurance carrier affording coverage required herein, or receives notice
that coverage no longer complies with the insurance requirements herein,
Consultant agrees to notify the City within five (5) business days with a copy
of the non -renewal or cancellation notice.
Q. Standard of Care.
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances The Consultant shall use reasonable diligence and
professional judgment in the exercise of skill and application of learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any Insurance, either of City or Consultant
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of the
State of Iowa. Any legal proceeding instituted with respect to this Agreement shall
be brought in a court of competentjurisdiction in Johnson County, Iowa. The parties
hereto hereby submit to personal jurisdiction therein and irrevocably waive any
objection as to venue therein, including any argument that such proceeding has
been brought in an inconvenient forum.
Forthe
B>r
TWO: Mayor
Dom: 3/3/2020
Forth:M�
By:
Title:S e, 11 "c e -
Date: Z-' 2,+V " -aa
Approv d by:
C4 Attomeys Offic
7 a7 �o
Date
Item Number: 8.g.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution authorizing the procurement of one (1) new Vermeer Trommel
Screen.
Prepared By: Dan Striegel, Equipment Superintendent
Reviewed By: Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $180,700.00; funds for this purchase are available in Equipment
Replacement fund account
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
At the March 3, 2020 City Council meeting, consideration will be given to a resolution authorizing
the purchase, for replacement and upgrade, of one (1) Vermeer TR5300 Trommel Screen for
Landfill Operations.
Sourcewell cooperative contract #050119-VRM will be utilized for the procurement of the
Trommel Screen from Vermeer of Eastern Iowa in Tipton, IA. Contract price including machine
with listed options, freight and setup is $180,700.00 as per Vermeer Global Account Pricing
quote dated February 17, 2020. Funds are available in the Equipment Replacement fund account.
Background /Analysis:
The Landfill Division utilizes a trommel screen for compost processing at the Landfill. Landfill
staff participated in a demonstration of this model at their site on October 8, 2019 and staff is in
agreement this unit would greatly enhance their composting operation. This new trommel screen
will be replacing the 2006 model year trommel screen currently in the fleet that has reached its life
expectancy and is scheduled for replacement. The current trommel screen will be sold when the
new machine is placed in service.
ATTACHMENTS:
Description
Resolution
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197
Resolution No. 20-51
Resolution authorizing the procurement of one (1) new Vermeer
Trommel Screen.
Whereas, the City's current trommel screen is budgeted for replacement in Fiscal Year 2020; and
Whereas, Sourcewell cooperative contract number 050119-VRM will be utilized for the procurement
of the trommel screen; and
Whereas, the total purchase price of the trommel screen with contract discount is $180,700.00; and
Whereas, the amount exceeds the City Manager's spending authority of $150,000.00, thus requiring
City Council approval; and
Whereas, funds for this purchase are available in the Equipment Replacement fund account; 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 3rd day of march 2020
Ma
oved b
a - ag- as
City Attorney's Office
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 8.h.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the FY20 Wastewater Clarifier
Repairs 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: $245,000 available in the Wastewater Clarifier Repairs account #V3144
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item begins the contracting and construction phase of the FY20 Wastewater Clarifier
Repairs Project. The project manual and estimate of cost, prepared by the Engineering Division,
were approved at the February 4, 2020 City Council Meeting. The estimated cost of construction
was $375,000. One addendum was issued during the bidding to provide minor clarifications and
to respond to questions from contractors. Two (2) bids were submitted to the City Clerk prior to
the February 25, 2020 deadline:
Bidder Name City Total Bid Amount
Fab Tech Wastewater Solutions, Warrenton, MO $245,000.00
LLC
Miron Construction Company, Inc. Cedar Rapids, IA $523,369.00
Fab Tech Wastewater Solutions, LLC, of Warrenton, Missouri submitted the lowest responsive,
responsible bid of $245,000.00. Staff recommends awarding the Contract for the FY20
Wastewater Clarifier Repairs Project. to Fab Tech Wastewater Solutions, LLC.
Background /Analysis:
The four original clarifiers that were constructed circa 1989 were drained and inspected in calander
year 2012 during the design phase of the Wastewater Treatment Facilities Consolidation Project.
The inspection revealed substantial corrosion on significant portions of the mechanisms. Two of
these clarifiers were repaired in fiscal year 2017. This project will repair the remaining two that still
have their original carbon steel mechanisms and which are nearing the end of their useful life.
The project is expected to be completed in the Summer of 2020.
ATTACHMENTS:
Description
Resolution
Prepared by: Ben Clark. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436
Resolution No. 20-52
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
FY20 Wastewater Clarifier Repairs Project
Whereas, Fab Tech Wastewater Solutions, LLC of Warrenton, Missouri, has submitted the lowest
responsible bid of $245,000 for construction of the above-named project; and
Whereas, funds for this project are available in the Wastewater Clarifier Repairs account #V3144;
and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The contract for the construction of the above-named project is hereby awarded to Fab
Tech Wastewater Solutions, LLC subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3rd day of March _,2020
Attest :
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
Mdyjdr
�X roved by �rt�
City Attorney's Office
and s*conded by Taylor the Resolution be
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 8.i.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution of the Iowa City City Council authorizing support for a grant
application by Summer of the Arts for the purpose of receiving benefits from
the Washington County Riverboat Foundation.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission:
Attachments: Resolution
Executive Summary:
The Iowa City Jazz Festival is produced by Summer of the Arts (SOTA). Because the event is
held on public property and because SOTA is applying for grant funding from the Washington
County Riverboat Foundation (WCRF) , the WCRF requires a resolution of support from the City.
Background /Analysis:
SOTA is applying for $5,000 to sponsor the Jazz Festival Friday night headliner, Sammy Miller
and the Congregation, a seven -piece group whose mission is create jazz experiences for its
listeners through "infectious theatricality."
ATTACHMENTS:
Description
Resolution
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 20-53
Resolution of the Iowa City City Council authorizing support for a
grant application by Summer of the Arts for the purpose of receiving
benefits from the Washington County Riverboat Foundation.
Whereas, the Washington County Riverboat Foundation has grant funds available that
target Community Development and Beautification, Economic Development, Arts and
Education, Human and Social Needs, and
Whereas, the Washington County Riverboat Foundation has a grant application cycle
that ends March 15, 2020, and
Whereas, the City of Iowa City is supportive of these targets for improvements to the
community and County, and
Whereas, an application from the Summer of the Arts for a project that will take place on
municipal property will be submitted to the Washington County Riverboat Foundation by
the March 15, 2020 deadline,
Now, therefore, be it resolved by the Iowa City City Council that:
1. The City of Iowa City authorizes the grant application to be submitted to the
Washington County Riverboat Foundation for the Spring 2020 application cycle
for the following project: Iowa City Summer of the Arts for Sammy Miller and The
Congregation - Iowa City Jazz Festival.
Passed and approved this
Approved by
ATTEST:
CLERK
3rd day of March 2020.
YOR
City Attorneys Office
10
F, t
Resolution No.
Page 2
20-53
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Bergus
x
Mims
x
Salih
x
Taylor
x
Teague
x
Thomas
x
Weiner
Item Number: 8.j.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 3, 2020
Resolution authorizing the Mayor to sign and City Clerk to attest a parking
agreement with Iowa City ES Hotel L.L.C., for use by registered Element
Hotel patrons.
Prepared By: Mark Rummel; Associate Director of Transportation Services
Reviewed By: Geoff Fruin; City Manager
Eleanor Dilkes; City Attorney
Darian Nagle-Gamm; Director of Transportation Services
Fiscal Impact: The annual contracted parking revenue from the agreement is $25,500
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Parking agreement
Executive Summary:
This resolution authorizes the execution of a parking agreement between the City of Iowa City and
the Element Hotel allowing for the purchase of 25 parking permits for the use and benefit of hotel
patrons at the hotel operator's expense.
Background /Analysis:
The parking will be valid at the Court Street Transportation Center and charged at the current
permit market rate. No spaces will be designated for this specific use.
The Transportation Services Department has developed a validation system that will allow the
hotel to validate parking ramp tickets for registered guests. The allocation of 25 permits shall
equate to the purchase of 182,000 hours of validated parking per year. This agreement is in line
with similar City of Iowa City hotel parking agreements.
ATTACHMENTS:
Description
Resolution
Parking agreement
Prepared by: Darien Nagle-Gamm, Director of Transportation Services; 1200 S. Riverside Drive, Iowa City, Iowa 52240 319-356-
5156
Resolution No. 20-54
Resolution authorizing the Mayor to sign and City Clerk to attest a parking
agreement with Iowa City ES Hotel L.L.C., for use by registered Element Hotel
patrons.
Whereas, Owner is planning to construct and operate a mixed-use building at 314 S. Clinton
Street, which facility shall consist of a 7 -story mixed use building comprised of residential units,
Class A office space and retail space, and a 7 -story extended -stay hotel, hereinafter referred to
as the "Facility"; and
Whereas, City is the owner of the Court Street Transportation Center and parking ramp located
at Court and Dubuque Streets, in Iowa City, Johnson County, Iowa; legally described as Original
Town of Iowa City, Lots 1,2,3 & 4, excluding the N 37' of E 55' of Lot 1, block 102 (hereinafter
the "Court Street Transportation Center'); and
Whereas, the Facility requires the availability of off-street parking for use of its registered hotel
patrons; and
Whereas, the Iowa City ES Hotel L.L.C. has requested the purchase of 25 parking permits for
Element Hotel patrons which equates to 182,000 annual hours of validated parking per year;
and
Whereas, Staff has considered the parking needs at the Court Street Transportation Center,
determined that adequate parking is available for this allocation, and thus recommends
approval.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached
Parking Agreement with Iowa City ES Hotel L.L.C..
2. The City Clerk is Hereby authorized and directed to certify a copy of this Resolution
and above - referenced Agreement and to record the same in the Johnson County
Recorder's Office.
Passed and approved this 3rd day of March 2020.
Attest:
yor
Approved by:
City Jerk'City Attorney's Office
a �a7�aa>
Resolution No. 70_54
Page 2
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
%
Bergus
%
Mims
x
Salih
x
Taylor
%
Teague
x
Thomas
x
Weiner
Parking Agreement for Registered Guests
Court Street Transportation Center
The Element Hotel
This Agreement is entered into this 3rd day of March 2020 between the City of Iowa
City, Iowa, a municipal corporation, hereinafter referred to as "City', and Iowa City ES Hotel LLC,
a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to
as "Owner'.
Whereas, Owner is planning to construct and operate a mixed-use building at 314 S.
Clinton Street, which facility shall consist of a 7 -story mixed use building, comprised of residential
units, Class A office space and retail space, and a 7 -story extended -stay hotel, hereinafter
referred to as the "Facility"; and
Whereas, the City and Hieronymi Partnership, LLP, Hieronymus Square Developers, LLC,
Iowa City ES Hotel LLC and HS314, LLC entered into an Agreement for Private Development of
314 S. Clinton Street, hereinafter referred to as the "Developer's Agreement", which details certain
minimum improvements the owners and developers must make in constructing and operating the
Facility; and
Whereas, City is the owner of the Court Street Transportation Center and parking ramp
located at Court and Dubuque Streets, in Iowa City, Johnson County, Iowa; legally described as
Original Town of Iowa City, Lots 1, 2, 3, & 4, excluding the N 37' of E 55' of Lot 1, block 102
(hereinafter the "Court Street Transportation Center'); and
Whereas, the Facility requires the availability of off-street parking for the use of its
registered hotel patrons; and
Whereas, the City and Owner have reached an agreement concerning parking availability,
which agreement the parties wish to reduce to writing.
NOW THEREFORE, in light of the good and valuable consideration exchanged herein,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Parkino Permits Provided. The City agrees to allocate to Owner for the use of its
registered hotel patrons 25 parking permits, for vehicles with a maximum clearance of 7 feet, in
the City -owned and operated Court Street Transportation Center located in Iowa City, Iowa, to be
paid at Owner's cost in accordance with Exhibit A, attached hereto and incorporated herein by
this reference. Owner agrees to only allocate the available permit hours to registered hotel patrons
only.
This allocation merely entitles registered hotel patrons the opportunity to seek parking in
the Court Street Transportation Center at Owner's expense. The City makes no representations
about the actual availability of parking spaces. Owner acknowledges that there will be no
individual spaces signed for or otherwise restricted to the exclusive use by hotel patrons.
Additional parking may be provided, if available, to registered hotel guests in any of the City -
owned parking ramps, including, but not limited to, the Capitol Street Parking Ramp, and/or the
Tower Place and Parking Ramp.
-2 -
In the event City no longer owns or uses any parking ramp and/or the parking ramps noted
herein, namely the Capitol Street Parking Ramp, the Court Street Transportation Center and/or
the Tower Place and Parking Ramp, the City agrees to allocate parking permits to Owner for
purchase in accordance with Exhibit A at a location that constitutes a reasonable alternative, and
is in as close proximity to the multi -use structure as reasonably possible and practical. Said
substitute parking permit allocation shall be provided to Owner no later than the cessation of
operation of the above-named parking ramps or other parking ramp. Notwithstanding the
foregoing, in the event City transfers ownership of the above-named ramps or any other parking
ramps, said transfer shall be subject to the transferee assuming City's obligations under this
Agreement.
2. Parking Validation. The City and Owner agree to develop a validation system so
that parking ramp tickets can be validated by Owner and used to fulfill parking ramp ticket
indebtedness upon exiting any of the City -owned parking ramps. Owner agrees to develop
appropriate security systems to ensure that these parking permit hours are only allocated to
registered hotel patrons and to prevent unauthorized use of the parking validation system by any
other user, including employees. The City reserves the right to request documentation necessary
to support a claim for parking validation, including but not limited to reservation records. The City
reserves the right to refuse validation if it determines, in is sole discretion, that anyone other than
a registered hotel patron is attempting to utilize the parking allocated herein. The allocation of 25
parking permits herein shall equate to the purchase of 182,000 hours of parking per year for its
registered over -night guests. Owner shall payfor any hours of parking in excess of these allocated
permits at the rates and at such times as set forth in Exhibit A.
3. Ramp Operation. The City shall be responsible for maintaining ramp operations.
It is agreed that by making this Agreement, the City is neither expanding nor limiting its liability to
Owner or its guests and patrons in connection with the operation of the parking ramp, but rather
such liability shall be the same as to any other person or entity using the parking ramp.
4. Ownership of the Hotel. City and Owner agree that any assignment of this Parking
Agreement by Owner will be subject to City approval, in writing, which approval shall not be
unreasonably withheld. Further, City's consent hereunder may only be withheld based upon the
same reasons the City would deny a liquor license application, namely the failure of the
application's credibility and character to withstand an investigation by the City. Owner shall
submit the name of the assignee of any such proposed assignment to the City in writing via U.S.
Mail "return receipt requested".
5. Agreement Term. This Agreement is contingent upon the parties to the
Developer's Agreement remaining in compliance therewith. In the event that Owner breaches the
Developer's Agreement, this Agreement shall be deemed automatically terminated with no further
force and effect. In the event that Owner does complete and operate the project in accordance
with the Developer's Agreement, however, this Agreement shall have a term of years
commencing as of the date written below, and terminating on a date ninety-nine (99) years
thereafter. This Agreement shall not be terminated by either party, their successors or assigns
during said ninety-nine (99) year term except upon sixty (60) days written notice to the other party,
and only upon good and reasonable cause, and only after written notice of default and the
passage of a period of sixty (60) days thereafter during which the defaulting party is given the
opportunity to cure any default. It is expressly agreed that the City's sole remedy in the event of
a default by Owner shall be the cancellation of said Agreement and the right to maintain an action
for money damages in the amount of parking fees incurred and payable based on actual parking
ramp usage by hotel patrons prior to the effect of such cancellation.
-3 -
DATED at Iowa City, Iowa, on the date given above.
CITY OF IOWA CITY, IOWA
By: C�� 17
ce Teague, Mayor
ATTEST: _ A
0
Iowa City ES Hotel
By:
Mike E. >4961 -
ods , Manager
By:
John A. FJi onymus, Manager
STATE OF IOWA
Approved By
City Attorney's Office �A -7 /,Z,.
By:
Kevin Dig7nlf �� l4^Managger- -
By: 6�'n1
Bruce Kinseth, Manager
COUNTY OF JOHNSON )
On this 3Pj day of, 2020, before me a Notary Public in and for said
County, personally appeared Bruce Teague and Kellie K. Fruehling, 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 untarily execut d.
���s CHRISTINEOLNEY
_ Commission Number BOe532 Notary Public in and for,"State of Iowa
M Commission ExP
IOV!^4
STATE OF IOWA 1
COUNTY OF JOHNSON )
On this day of� , 2020, by Mikes—H_
nymus and Bruce Kinseth as managers of Iowa City ES Hotel LLC.
asl ELDER oonn
Number 730271My Coission Expires
Au ust 30 2022
-3 -
DATED at Iowa City, Iowa, on the date given above.
CITY OF IOWA CITY, IOWA
By:
AT
By:
Iowa City ES Hotel LC
By:
Mike E. odg • ana
By:
�hn A. Hieronymus,
STATE OF IOWA
COUNTY OF JOHNSON
By: /V09 ___�
Kevin 046ann, Hager
By: /
Bruce Kinse , anager
On this day of 2020, before me a No Public in and for said
County, personally appeared Bruce Teague and Kellie K. Fruehli , o me personally known, who
being duly sworn, did say that they are the Mayor and City C , respectively of the City of Iowa
City, Iowa, a Municipal Corporation, created and existing der the laws of the State of Iowa, and
that the seal affixed to the foregoing instrument is the al of said Municipal Corporation, and that
said instrument was signed and sealed on behalf said Municipal Corporation by authority and
resolution of its City Council and said Mayor a City Clerk acknowledged said instrument to be
the free act and deed of said Municipal( r ration by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA
COUNTY OF JOHNSON
On this it day ofre6c&�,.y2020, O.�A;S., 2 L,„ by Mike E. Hodge,
Kevin Digmann, John A. Hieronymus, and Bawa-4Cmsoth as managers of Iowa City ES Hotel LLC.
�. DENISE ROHM UA�
.� Co mYsslan Number7ZM
MF 1072
-4 -
Notary Public in and for the State of Iowa
EXHIBIT A
REGISTERED HOTEL PATRONS
The monthly fee for the parking permits allocated to Owner by the City is based upon a
computation utilizing the monthly permit rate in effect at the time the calculation is made multiplied
by 25 parking permits. The monthly fee will cover the cost of 15,166 hours of parking per month
for registered hotel patrons.
A. Annual Adjustment of Monthly Fees. Should the actual hours of parking utilized
by hotel patrons exceed 182,000 hours per year (15,166 hrs/month X 12 months), Owner will
annually pay the City for any excess hours of parking, at the hourly rate in effect at the end of the
annual 12 -month period. Any fee for a partial month shall be a prorated portion of the monthly
fee.
B. Actual Hours of Hotel Patron Parking. The City agrees to provide Owner with hotel
patron parking usage figures monthly and a final full year report within 45 days after the end of
the hotel operation year determined by tracking the validated parking tickets received by the City.
Owner shall have the right to audit the hotel guest parking usage figures provided by the City.
C. Computation Formulas:
Monthly fee:
(25 parking permits) X (monthly permit rate in effect at the time calculation
is made) = monthly fee
2. Annual adjustment of monthly fees:
a. (actual hours of hotel patron parking) — (182, 000 hours) = excess
hours of parking.
b. If excess hours of parking is positive:
(Excess hours of parking) X (Hourly rate in effect at end of year) _
Annual adjustment.
D. Payment Due Date. Owner agrees to pay the monthly fee by the 151 of the
following month and the annual adjustment within 45 days after the annual, 12 -month period.
E. Contract Year. City and Owner agree that the contract year shall be consistent
with the City's fiscal year, and shall as of July 1 immediately following the first full month of hotel
operations, run from July 1, to June 30 of the following year, and that the contract year is one and
the same as the 'annual 12 -month period' referred to in this Exhibit A. City shall not increase the
monthly permit rate in effect under this Agreement more often than once every contract year.
IL ALL OTHER HOTEL USERS.
A. No other users of the hotel Facility, besides registered hotel patrons, shall be deemed
beneficiaries of this agreement. Parking for all other users of the hotel Facility shall be allowed to
-5 -
park in any of the City -owned parking facilities as available to the general public at the normal
rates.
Item Number: 9.a.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution fixing date for a meeting on the proposition of the issuance of not
to exceed $11,600,000 General Obligation Bonds of the City of Iowa City,
State of Iowa (for essential corporate purposes) and providing for publication
of notice thereof.
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital
Improvement Program
Recommendations: Staff: Approval
Commission: N/A
Attachments: 2020 General Obligation Bonds Project Schedule by Hearing Type
Resolution setting hearing for 2020 General Obligation Bonds
Executive Summary:
There are two resolutions for the formal City Council meeting on March 3 that are setting public
hearings regarding the issuance of the 2020 General Obligation Bonds. The hearings are being
scheduled for March 24.
Attached is a project schedule by hearing for the 2020 General Obligation Bonds. There are two
hearings required for the 2020 general obligation bond issue.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed
in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2020
capital improvement program on March 24, 2020.
The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions
required based upon the purpose and classification of the bonds being issued. Iowa state code
classifies general obligation bonds as either General or Essential. General obligation bonds
classified as General are limited to $700,000 per project and are subject to reverse referendum
within 30 days of adoption of the resolution. General obligation bonds classified as Essential do
not have a $700,000 project expense cap and are not subject to reverse referendum.
The public hearings for the 2020 General Obligation Bond issue have a total combined issuance
amount of not to exceed $12,300,000 for projects totaling $11,972,340. The difference between the
two amounts is the estimated bond issuance costs
ATTACHMENTS:
Description
Proposed Project List 2020 GO Bond
Resolution setting hearing for 2020 General Obligation Bonds
2020 General Obligation Bonds
Project Schedule by Hearing Type
General
Essential Purpose -
Proj. # Project Name Description Type Purpose Recreation
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
Asset managerment software that
Infrastructure Asset
could be utilized by all city
G4724
Management
departments to manage the physical
GIS Equipment
$ 660,000
assets for planning and management
of current or future projects.
Wetherby Park Restroom,
Replace park shelter, restrooms,
R4349
Shelter, & Playground
playground and signage. Upgrade
Parks
$ 800,000
Replacement
access paths.
Replace Napoleon Park playground
and add paths for increased
accessibility.
R4367
Napolean, Scott, Fairmeadows
Replace Scott Park playground and
parks
$ 520,000
Park Rehabilitation
picnic shelter and add concrete paths
for increased accessibility.
Replace Fairmeadows shelter, park
sign and small child playground.
HVAC and dehumification upgrades to
the Mercer Aquatic Center. Tuck
pointing and masonry repair on the
R4369
Mercer Park Pool -
interior columns of the natatorium.
Recreation
$ 700,000
Dehumidification & Tuckpointing
Address the moisture issues from the
Kalwall skylight system and rusted
lintels around the doors, windows and
above the columns in the courtyard.
Annual appropriation for resurfacing
S3824
Annual Pavement Replacement
roadways and alleys including asphalt,
Streets
$ 800,000
concrete, and brick.
Reconstruct American Legion Road to
American Legion Rd
urban standards from Taft Avenue to
S3854
Reconstruction -Scott Blvd to
Scott Boulevard including an 8'sidewalk
Streets
$ 4,851,340
Taft Ave
and reconstructing the
intersection of Scott Blvd and
Muscatine Avenue.
Improvements to the First Avenue and
First Ave/Scott Blvd Intersection
Scott Boulevard intersection, including
S3944
Improvements
a proposed roundabout, to improve
Streets
$ 1,400,000
traffic movement through the
intersection.
S3946
Court Street Reconstruction
Reconstruct Court Street from
Streets
$ 775,000
Muscatine Avenue to 1st Avenue.
Reconstruction of Rochester Avenue
from First Avenue to the bridge over
S3950
Rochester Ave Reconstruction -
Ralston Creek. The project will include
Streets
$ 650,000
First Ave to Ralston Creek
new street paving, sidewalk, utility
improvements and other associated
work.
Construction of sidewalk along both
S3957
Gilbert Court Sidewalk Infill
the west and east sides of Gilbert
Sidewalks
$ 100,000
Court, north of Highland Avenue.
Z4406
Fire Apparatus Replacement
Replacement of Fire Pumper #351
Fire Equipment
$ 716,000
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
ITEMS TO INCLUDE ON AGENDA
CITY OF IOWA CITY, IOWA
Not to Exceed $11,600,000 General Obligation Bonds (ECP -1)
Resolution fixing date for a meeting on the proposition to issue.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
March 3, 2020
The City Council of the City of Iowa City, State of Iowa, met in regular session, in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above
date. There were present Mayor Teague, in the chair, and the following named Council
Members:
Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
- 1 -
Council Member Weiner introduced the following Resolution entitled "RESOLUTION
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $11,600,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA
CITY, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council
Member Taylor seconded the motion to adopt. The roll was called and the vote was,
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution 20-55
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$11,600,000 GENERAL OBLIGATION BONDS OF THE CITY
OF IOWA CITY, STATE OF IOWA (FOR ESSENTIAL
CORPORATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed $11,600,000, as
authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay
costs of carrying out essential corporate purpose project(s) as hereinafter described; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the
time and place of the meeting at which the Council proposes to take action for the issuance of the
Bonds and to receive oral and/or written objections from any resident or property owner of the
City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
IOWA CITY, STATE OF IOWA:
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 P.M., on the 24th day of March, 2020, for the purpose of
taking action on the matter of the issuance of not to exceed $11,600,000 General Obligation
Bonds, for essential corporate purposes, the proceeds of which bonds will be used to provide
funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-
way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction,
and repairing of any street and streetscape improvements, with related utility work, traffic
control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; the
-2-
rehabilitation and improvement of parks already owned, including facilities, equipment and
improvements commonly found in city parks; equipping the fire department; and the acquisition,
development and improvement of an Infrastructure Asset Management software program
suitable for automated mapping and facilities management.
Section 2. To the extent any of the projects or activities described in this resolution may .
be reasonably construed to be included in more than one classification under Division III of
Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose"
classification and procedure with respect to each such project or activity, pursuant to Section
384.28 of the Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be made
of a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City. The publication to be
not less than four clear days nor more than twenty days before the date of the public meeting on
the issuance of the Bonds.
Section 4. The notice of the proposed action to issue bonds shall be in substantially the
following form:
-3-
(To be published between: March 4, 2020 and March 13, 2020)
NOTICE OF MEETING OF THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$11,600,000 GENERAL OBLIGATION BONDS OF THE CITY
(FOR ESSENTIAL CORPORATE PURPOSES), AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of
Iowa, will hold a public hearing on the 24`s day of March, 2020, at .M., in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the
Council proposes to take additional action for the issuance of not to exceed $11,600,000 General
Obligation Bonds, for essential corporate purposes, to provide funds to pay the costs of the
opening, widening, extending, grading and drainage of the right-of-way of streets, highways,
avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street
and streetscape improvements, with related utility work, traffic control devices, lighting,
sidewalks, and the acquisition of real estate for such purposes; the rehabilitation and
improvement of parks already owned, including facilities, equipment and improvements
commonly found in city parks; equipping the fire department; and the acquisition, development
and improvement of an Infrastructure Asset Management software program suitable for
automated mapping and facilities management.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the City to the above action. After all objections have been
received and considered, the Council will at the meeting or at any adjournment thereof, take
additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds.
This notice is given by order of the City Council of the City of Iowa City, State of Iowa,
as provided by Section 384.25 of the Code of Iowa.
Dated this day of 12020.
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
-4-
PASSED AND APPROVED this Yd day of March, 2020.
ATTEST:
May
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I farther
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 3rd noMar,h,
2020.
City clerk, City of Io t
City, State of Io
(SEAL)
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of
Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City,
I have caused a
NOTICE OF PUBLIC HEARING
(Not To Exceed $11,600,000 General Obligation Bonds) (ECP -1)
of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures
a correct and complete copy, to be published as required by law in the Iowa City Press -Citizen, a
legal newspaper published at least once weekly, printed wholly in the English language,
published regularly and mailed through the post office of current entry for more than two years
and which has had for more than two years a bona fide paid circulation recognized by the postal
laws of the United States, and has a general circulation in the City, and that the Notice was
published in all of the issues thereof published and circulated on the following date:
March 13, 2020.
WITNESS my official signature this 23rol day of f)1�0_CCA-, , 2020.
City Cferk, City of Iowaity, State of Io
(SEAL)
01686919-1\10714-135
CITY CLERK
CITY OF IOWA CITY
]CPO
410 E WASHINGTON ST
IOWA CITY IA522401825
State of Wisconsin
County of Brown, as.:
OE
P CM ac Ea
PRESS -CITIZEN MEDIA
PART OF THE USA TODAY NETWORK
This is not an invoice
# ofAffidavits: 1
AFFIDAVIT OF PUBLICATION
The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly
organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City,
Iowa, the publisher of
Iowa City Press Citizen
newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that
an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed
and published in Iowa City Press Citizen on the following dates:
1 0004096624 3/13/20 0311312020 $43.83 1
Copy of Advertisement
Exhibit "A"
SlkspAbed and sworn to before me by said affiant this
24th day of March 2020
Notary Public
?-'Ps/ 2 3
Commission expires
SHELLY HRA
Notary Public
State of Wisconsin
Item Number: 9.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution fixing date for a meeting on the proposition of the issuance of not
to exceed $700,000 General Obligation Bonds of the City of Iowa City, State
of Iowa (for essential corporate purposes) and providing for publication of
notice thereof.
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital
Improvement Program
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolutions setting hearings for 2020 General Obligation Bonds
2020 General Obligation Bonds Project Schedule by Hearing Type
Executive Summary:
There are two resolutions for the formal City Council meeting on March 3 that are setting public
hearings regarding the issuance of the 2020 General Obligation Bonds. The hearings are being
scheduled for March 24.
Attached is a project schedule by hearing for the 2020 General Obligation Bonds. There are two
hearings required for the 2020 general obligation bond issue.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed
in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2020
capital improvement program on March 24, 2020.
The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions
required based upon the purpose and classification of the bonds being issued. Iowa state code
classifies general obligation bonds as either General or Essential. General obligation bonds
classified as General are limited to $700,000 per project and are subject to reverse referendum
within 30 days of adoption of the resolution. General obligation bonds classified as Essential do
not have a $700,000 project expense cap and are not subject to reverse referendum.
The public hearings for the 2020 General Obligation Bond issue have a total combined issuance
amount of not to exceed $12,300,000 for projects totaling $11,972,340. The difference between
the two amounts is the estimated bond issuance costs.
ATTACHMENTS:
Description
2020 General Obligation Bonds Project Schedule by Hearing Type
Resolution setting hearings for 2020 General Obligation Bonds
2020 General Obligation Bonds
Project Schedule by Hearing Type
General
Essential Purpose -
Proj. # Project Name Description Type Purpose Recreation
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
Asset managerment software that
Infrastructure Asset
could be utilized by all city
G4724
Management
departments to manage the physical
GIS Equipment
$ 660,000
assets for planning and management
of current or future projects.
Wetherby Park Restroom,
Replace park shelter, restrooms,
R4349
Shelter, & Playground
playground and signage. Upgrade
Parks
$ 800,000
Replacement
access paths.
Replace Napoleon Park playground
and add paths for increased
accessibility.
R4367
Napolean, Scott, Fairmeadows
Replace Scott Park playground and
parks
$ 520,000
Park Rehabilitation
picnic shelter and add concrete paths
for increased accessibility.
Replace Fairmeadows shelter, park
sign and small child playground.
HVAC and dehumification upgrades to
the Mercer Aquatic Center. Tuck
pointing and masonry repair on the
R4369
Mercer Park Pool -
interior columns of the natatorium.
Recreation
$ 700,000
Dehumidification & Tuckpointing
Address the moisture issues from the
Kalwall skylight system and rusted
lintels around the doors, windows and
above the columns in the courtyard.
Annual appropriation for resurfacing
S3824
Annual Pavement Replacement
roadways and alleys including asphalt,
Streets
$ 800,000
concrete, and brick.
Reconstruct American Legion Road to
American Legion Rd
urban standards from Taft Avenue to
S3854
Reconstruction -Scott Blvd to
Scott Boulevard including an 8'sidewalk
Streets
$ 4,851,340
Taft Ave
and reconstructing the
intersection of Scott Blvd and
Muscatine Avenue.
Improvements to the First Avenue and
First Ave/Scott Blvd Intersection
Scott Boulevard intersection, including
S3944
Improvements
a proposed roundabout, to improve
Streets
$ 1,400,000
traffic movement through the
intersection.
S3946
Court Street Reconstruction
Reconstruct Court Street from
Streets
$ 775,000
Muscatine Avenue to 1st Avenue.
Reconstruction of Rochester Avenue
from First Avenue to the bridge over
S3950
Rochester Ave Reconstruction -
Ralston Creek. The project will include
Streets
$ 650,000
First Ave to Ralston Creek
new street paving, sidewalk, utility
improvements and other associated
work.
Construction of sidewalk along both
S3957
Gilbert Court Sidewalk Infill
the west and east sides of Gilbert
Sidewalks
$ 100,000
Court, north of Highland Avenue.
Z4406
Fire Apparatus Replacement
Replacement of Fire Pumper #351
Fire Equipment
$ 716,000
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
1:6
ITEMS TO INCLUDE ON AGENDA
CITY OF IOWA CITY, IOWA
Not to Exceed $700,000 General Obligation Bonds (GCP-2)
Resolution fixing date for a meeting on the proposition to issue.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
March 3, 2020
The City Council of the City of Iowa City, State of Iowa, met in regular session, in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above
date. There were present Mayor Teague, in the chair, and the following named Council
Members:
Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
-I-
Council Member Weiner introduced the following Resolution entitled "RESOLUTION
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY,
STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council
Member Taylor seconded the motion to adopt. The roll was called and the vote was,
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution 20-56
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$700,000 GENERAL OBLIGATION BONDS OF THE CITY OF
IOWA CITY, STATE OF IOWA (FOR GENERAL
CORPORATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as
authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay
costs of carrying out general corporate purpose project(s) as hereinafter described; and
WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not exceed $700,000; and
WHEREAS, before the Bonds maybe issued, it is necessary to comply with the
provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue
such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
IOWA CITY, STATE OF IOWA:
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 PM., on the 24`s day of March, 2020, for the purpose of
taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds,
for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay
the costs of improvements to and equipping of the Mercer Park Pool and shall bear interest at a
rate not exceeding the maximum specified in the attached notice.
-2-
Section 2. That the Clerk is hereby directed to cause at least one publication to be made
of a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City. The publication to be
not less than ten clear days nor more than twenty days before the date of the public meeting on
the issuance of the Bonds.
Section 3. The notice of the proposed action to issue bonds shall be in substantially the
following form:
-3-
(To be published between: March 4, 2020 and March 13, 2020)
NOTICE OF MEETING OF THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$700,000 GENERAL OBLIGATION BONDS OF THE CITY
(FOR GENERAL CORPORATE PURPOSES), AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of
Iowa, will hold a public hearing on the 20' day of March, 2020, at M., in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the
Council proposes to take additional action for the issuance of not to exceed $700,000 General
Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine
(9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of
improvements to and equipping of the Mercer Park Pool.
At any time before the date of the meeting, a petition, asking that the question of issuing
such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in
the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section
384.26 of the Code of Iowa.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the City to the above action. After all objections have been
received and considered, the Council will at the meeting or at any adjournment thereof, take
additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds.
This notice is given by order of the City Council of the City of Iowa City, State of Iowa,
as provided by Section 384.26 of the Code of Iowa.
Dated this day of 12020.
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 31 day of March, 2020.
ATTEST:
cY�
City Clerk
Ma or
1910
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 3rd day of March,
2020.
City C erk, City of Io a City, State f owa
(SEAL)
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of
Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City,
I have caused a
NOTICE OF PUBLIC HEARING
(Not to Exceed $700,000 General Obligation Bonds) (GCP-2)
of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures
a correct and complete copy, to be published as required by law in the Iowa City Press -Citizen, a
legal newspaper published at least once weekly, printed wholly in the English language,
published regularly and mailed through the post office of current entry for more than two years
and which has had for more than two years a bona fide paid circulation recognized by the postal
laws of the United States, and has a general circulation in the City, and that the Notice was
published in all of the issues thereof published and circulated on the following date:
March 13, 2020.
WITNESS my official signature this �-3v-rj day of Marc -,L , 2020.
7'J
City Clerk, City of low Tty,
State of Io a
(SEAL)
01686939-1\10714-135
CITY CLERK
CITY OF IOWA CITY
ICPO
410 E WASHINGTON ST
IOWACITY IA522401925
State of Wisconsin
County of Brown, ss.:
crnedooa
PRESS -CITIZEN MEDIA
PARTOF THE USA TODAY NETWORK
This is not an invoice
# ofAffidavils: 1
AFFIDAVIT OF PUBLICATION
The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly
organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City,
Iowa, the publisher of
Iowa City Press Citizen
newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that
an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed
and published in Iowa City Press Citizen on the following dates:
1 0004096629 3/13/20 03/13/2020 $39.73 1
Copy of Advertisement
Exhibit"A"
Subscrlb d and sworn to before me by said affiant this
24th day of March 2020
L
Notary Public
KLrw- a-3
Commission expires
1 �.. SHELLY HORA
Notary Public
State Of Wisconsin
Item Number: 9.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution setting public hearing on amending the FY2020 Operating
Budget.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Fiscal Impact: see memo below
Recommendations: Staff: Approval
C •i1iI•I ►/-1
Attachments: FY2020 Notice of Public Hearing and Related Schedules
Resolution
Executive Summary:
On March 24, 2020, two public hearings are being scheduled: one hearing will be held to take
public input on the proposed amendment of the fiscal year 2020 (FY2020) budget, and one
hearing will be held to take public input on the proposed fiscal year 2021 (FY2021) budget.
Following the first public hearing, a resolution to amend the FY2020 Operating Budget will be
considered. Following the second public hearing, a resolution to adopt the FY2021 Operating
Budget and a resolution to approve the FY2020-2022 Financial Plan and 2020-2024 Capital
Improvement Plan document will be considered. The FY2021 adopted budget must be certified
by the Johnson County Auditor's office by March 31, 2020.
Background /Analysis:
The FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document was
made available to City Council and the general public in December 2019. This document included
the proposed FY2020 amended budget and the proposed FY2021 budget. This document
detailed the proposed and amended budgets as submitted by the City Manager following an
extensive budget process.
The City Council held public work sessions in January and February 2020 to review and discuss
the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. During
these budget work sessions, the City Manager and the department directors presented their
budget proposals and responded to questions from the City Council. The City Council also
clarified and refined their budget priorities during these work sessions.
The Notices of Public Hearing and related schedules for the FY2020 amended budget and the
proposed FY2021 budget represent all of the programs and details that were included in the
FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. The Notices
and related schedules also include any subsequent changes as directed by the City Council as
well as corrections and adjustments identified by City staff. These Notices of Public Hearing and
related schedules will be available to the public on March 13, 2020 and will be published in
accordance with state law to allow for public input.
Fiscal Year 2020 Revised Budget
The FY2020 budget amendment presented for City Council approval is the second budget
amendment of FY2020. This amendment incorporates all of the programs, changes, and updates
presented in the financial plan and capital improvement plan document that was distributed to the
City Council and the general public on December 18, 2019.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and expenditure
projections, transfers between funds, and capital improvement plan changes. I ncreased
expenditures must utilize available fund balance or additional revenue sources, as the State does
not allow amendments to increase property taxes. According to the City's financial policies,
amendments to operating budgets will be made only in the following situations:
• emergency situations
• transfer from contingency
• expenditures with offsetting revenues or fund balance
• carry-over of prior year budget authority for expenses that had not been paid as of the end of
the fiscal year.
Since the distribution of the plan document, no changes and adjustments were made by City
Council and by City staff to the amended FY2020 budget.
The proposed budget amendment to the City's FY2020 budget does not increase property taxes
or change the property tax levy rate and expenditures are funded from increased revenues or
available fund balance.
ATTACHMENTS:
Description
FY2020 Notice of Public Hearing and Related Schedules
Resolution
Jun -19
NOTICE OF PUBLIC HEARING
Form 653.C1 AMENDMENT OF FY2019-2020 CITY BUDGET
The City Council of Iowa City in
will meet at 410 E Washinqton St, City
Hall
JOHNSON
County, Iowa
at 7:00 pm on 3/24/2020
(hour) (Date)
,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2020
I-1
by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given.
Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity.
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Amendments include the review and modification of the 2020 CIP program, the return of a fee in lieu of payment, a
TIF rebate payment moved up a year, correction of the coding of some intergovernmental revenues, land
acquisition, and transfers to Capital Reserve and Facility Reserve funds and Emergency Reserve funds. Additional
detail is on file and available from the Iowa City Finance Department.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling
City Clerk/ Finance Officer Name
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financinq Sources
Taxes Levied on Property
1
60,296,653
60,296,653
Less: Uncollected Property Taxes -Levy Year
2
0
0
Net Current Property Taxes
3
60,296,653
0
60,296,653
Delinquent Property Taxes
4
0
0
TIF Revenues
5
3,450,835
3,450,835
Other City Taxes
6
2,759,321
2,759,321
Licenses & Permits
7
2,073,060
2,073,060
Use of Money and Property
8
3,517,225
-12,570
3,504,655
Intergovernmental
9
42,037,521
4,589,415
46,626,936
Charges for Services
10
46,456,326
178,332
46,634,658
Special Assessments
11
810
810
Miscellaneous
12
2,770,957
44,327
2,815,284
Other Financing Sources
13
14,333,672
-185,000
14,148,672
Transfers In
14
43,529,001
21,622,038
65,151,039
Total Revenues and Other Sources
15
221,225,381
26,236,542
247,461,923
Expenditures & Other Financing Uses
Public Safety
16
26,506,832
244,516
26,751,348
Public Works
17
10,434,208
280,349
10,714,557
Health and Social Services
18
531,500
531,500
Culture and Recreation
19
16,032,415
55,785
16,088,200
Community and Economic Development
20
11,186,436
860,726
12,047,162
General Government
21
10,094,944
501,381
10,596,325
Debt Service
22
13,039,775
8,558
13,048,333
Capital Projects
23
61,808,418
2,612,434
64,420,852
Total Government Activities Expenditures
24
149,634,528
4,563,749
154,198,277
Business Type / Enterprises
25
72,221,133
1,392,711
73,613,844
Total Gov Activities & Business Expenditures
26
221 ,855,661
5,956,460
227,812,121
Transfers Out
27
43,529,001
21,622,038
65,151,039
Total Expenditures/Transfers Out
28
265,384,662
27,578,498
292,963,160
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year
29
-44,159,281
-1,341,956
-45,501,237
Beginning Fund Balance July 1
30
134,084,9341
48,685,117
182,770,051
Ending Fund Balance June 30
311
89,925,6531
47,343,1611
137,268,814
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Amendments include the review and modification of the 2020 CIP program, the return of a fee in lieu of payment, a
TIF rebate payment moved up a year, correction of the coding of some intergovernmental revenues, land
acquisition, and transfers to Capital Reserve and Facility Reserve funds and Emergency Reserve funds. Additional
detail is on file and available from the Iowa City Finance Department.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling
City Clerk/ Finance Officer Name
Form 631 EP1 CITY OF Iowa Ci
RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 1
Department of Management
RE -ESTIMATED Fiscal Year Ending 2020 Fiscal Years
SPECIAL
GOVERNMENT ACTIVITIES GENERAL REVENUE
(A) (B) (C) (D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED ACTUAL
2020 2019
(J) (K)
PUBLIC SAFETY
Police Department/Crime Prevention 1 14,213,298
14,213,298 13,297,882
Jail 2
0 0
Emergency Management 3
0 0
Flood Control 4
0 0
Fire Department 5 8,630,791
8,630,791 8,292,055
Ambulance 6
0 0
Building Inspections 7 1,878,433
1,878,433 1,792,911
Miscellaneous Protective Services 8
0 0
Animal Control 9 1,105,829
1,105,829 775,273
Other Public Safety 10 3,126 919,871
922,997 431,659
TOTAL (lines 1 - 10) 11 25,831,477 919,871
01
26,751,348 24,589,780
PUBLIC WORKS
Roads, Bridges, & Sidewalks 12 4,262,206
4,262,206 4,085,867
Parking - Meter and Off -Street 13
0 0
Street Lighting 14 551,382
551,382 0
Traffic Control and Safety 15 829,889
829,889 1,563,536
Snow Removal 16 452,820
452,820 566,920
Highway Engineering 17 2,807,112
2,807,112 2,105,423
Street Cleaning 18 375,447
375,447 354,070
Airport (if not Enterprise) 19
0 0
Garbage (if not Enterprise) 20
0 0
Other Public Works 21 1,311,097 124,604
1,435,701 1,253,563
TOTAL (lines 12 - 21) 22 4,118,209 6,596,348
01
10,714,557 9,929,379
HEALTH & SOCIAL SERVICES
Welfare Assistance 23
City Hospital 24
0 0
0 0
Payments to Private Hospitals 25
0 0
Health Regulation and Inspection 26
0 0
Water, Air, and Mosquito Control 27
0 0
Community Mental Health 28
0 0
Other Health and Social Services 29 531,500
531,500 300,000
TOTAL (lines 23 - 29) 30 531,500 0
0
531,500 300,000
CULTURE & RECREATION
Library Services 31 6,976,883
6,976,883 6,403,794
Museum, Band and Theater 32
0 0
Parks 33 3,660,957
3,660,957 2,880,956
Recreation 34 4,078,684
4,078,684 3,410,408
Cemetery 35 400,567
400,567 349,747
Community Center, Zoo, & Marina 36
0 0
Other Culture and Recreation 37 971,109
971,109 865,825
TOTAL (lines 31 - 37) 38 16,088,200 0
0
1 16,088,200 13,910,730
Form 631 E P2 CITY OF Iowa City Department of Management
RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 2
RE -ESTIMATED Fiscal Year Ending 2020
Fiscal Years
GOVERNMENT ACTIVITIES CONT.
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED
2020
(J)
ACTUAL
2019
(K)
COMMUNITY & ECONOMIC DEVELOPMENT
Community Beautification
Economic Development
Housing and Urban Renewal
Planning & Zoning
39
40
41
42
352,581
13,048,333
352,581
319,627
1,803,776
1,803,776
2,584,660
3,320,612
3,320,612
3,149,604
1,739,823
1,868,162 1,185,814 820,544
1,739,823
1,338,691
Other Com & Econ Development 43
3,874,520
1,770,540
TIF Rebates 44
955,850
955,850
0
TOTAL (lines 39 - 44) 45
5,764,342 4,506,426 1,776,394
0
12,047,162
9,163,122
GENERAL GOVERNMENT
Mayor, Council, & City Manager 46
1,474,838
1,474,838
1,664,469
Clerk, Treasurer, & Finance Adm. 47
3,492,019
3,492,019
3,177,942
Elections 48
0
0
Legal Services & City Attorney 49
880,104
880,104
751,266
City Hall & General Buildings 50
854,593
854,593
709,704
Tort Liability 51
1,010,458
1,010,458
973,669
Other General Government 52
2,510,543 373,770
2,884,313
1,727,946
TOTAL (lines 46 - 52) 53
10,222,555 373,770 0
0
10,596,325
9,004,996
DEBT SERVICE 54
13,048,333
13,678,214
Gov Capital Projects 55
13,048,3331
64,420,852
64,420,852
39,752,910
TIF Capital Projects 56
0
0
TOTAL CAPITAL PROJECTS 57
01 0 0
64,420,852
0
64,420,852
39,752,910
TOTAL Governmental Activities Expenditures
(lines 11+22+30+38+44+52+53+54) 58
62,556,283 12,396,415 1,776,394
64,420,8521
0
154,198,277
120,329,131
BUSINESS TYPE ACTIVITIES
Proprietary: Enterprise & Budgeted ISF
7,029,985
7,029,985
5,996,581
Water Utility 59
Sewer Utility 60
6,733,448
6,733,448
5,875,768
Electric Utility 61
0
0
Gas Utility 62
0
0
Airport 63
365,273
365,273
381,227
Landfill/Garbage 64
9,314,327
9,314,327
8,384,672
Transit 65
8,371,003
8,371,003
7,446,609
Cable TV, Internet & Telephone 66
0
0
Housing Authority 67
11,703,168
11,703,168
9,775,270
Storm Water Utility 68
715,551
715,551
451,277
Other Business Type (city hosp., ISF, parking, etc.) 69
4,316,160
4,316,160
6,448,791
Enterprise DEBT SERVICE 70
7,623,787
7,623,787
8,464,303
Enterprise CAPITAL PROJECTS 71
17,441,142
17,441,142
7,712,375
Enterprise TIF CAPITAL PROJECTS 72
0
0
TOTAL BUSINESS TYPE EXPENDITURES (lines 56 - 68) 73
73,613,844
73,613,844
60,936,873
TOTAL ALL(lines 58+74)
74
62,556,283
12,396,415
1,776,394
13,048,333 64,420,852
0
73,613,844
227,812,121
181,266,004
Regular Transfers Out
Internal TIF Loan Transfers Out
75
76
9,684,059
15,740,556
37,360,135
62,784,750
46,464,323
107,620 2,258,669
2,366,289
3,079,549
Total ALL Transfers Out
77
9,791,679
15,740,556
2,258,669
0 0
0
37,360,135
65,151,039
49,543,872
Total xpen f ures and Other Fin Uses(lines 73+77T-78,
72,347,962
28,136,971
4,035,063
13,048,333 64,420,852
0
110,973,979
292,963,160
230,809,876
Ending Fund Balance June 30
791
37,364,2891
7,743,5701
511,3401
9,449,8801 560,4041
119,0581
81,520,2731
137,268,814
182,770,051
THE USE OF THE CONTINUING APPROPRIATION IS VOLUNTARY. SUCH EXPENDITURES DO NOT REQUIRE AN AMENDMENT. HOWEVER THE ORIGINAL AMOUNT OF THE CAPITAL PROJECT
MUST HAVE APPEARED ON A PREVIOUS YEAR'S BUDGET TO OBTAIN THE SPENDING AUTHORITY. THE CONTINUING APPROPRIATION CAN NOT BE FOR A YEAR PRIOR TO THE ACTUAL YEAR.
CONTINUING APPROPRIATIONS END WITH THE ACTUAL YEAR. SEE INSTRUCTIONS.
Form 631.D CITY OF Iowa City Department of Management
RE -ESTIMATED REVENUES DETAIL
RE -ESTIMATED Fiscal Year Ending 2020 Fiscal Years
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
D
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED
2020
(J)
ACTUAL
2019
(K)
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property
Less: Uncollected Property Taxes - Levy Year
Net Current Property Taxes (line 1 minus line 2)
1
2
3
36,176,002
36,176,0021
12,567,294
12,567,294
11,553,357
11,553,3571
127,253
13,390
140,6431
01
0
9,440
60,296,653
0
60,296,653
0
3,450,835
676,391
976,050
0
0
61,180
1,045,700
0
2,759,321
2,073,060
59,113,344
0
59,113,344
2,059
2,564,840
667,713
964,690
0
0
46,295
1,313,886
0
2,992,584
3,006,074
Delinquent Property Taxes 4 1
TIF Revenues 5
Other City Taxes:
Utility Tax Replacement Excise Taxes 6 410,550 138,588
3,450,835
Utility francise tax (Iowa Code Chapter 364.2) 7 976,050
Parimutuel wager tax 8
Gaming wager tax 9
Mobile Home Taxes 10 36,000 11,790
Hotel/Motel Taxes 11 1,045,700
Other Local Option Taxes 12
Subtotal - Other City Taxes (lines 6 thru 12) 13 2,468,300 150,378
Licenses & Permits 14 2,063,620
Use of Money & Property
15
1,092,107
106,805
10,000
120,370
2,175,373
3,504,655
5,489,441
Intergovernmental:
Federal Grants & Reimbursements
16
215,193
2,086,242
321,689
321,689
5,406,042
5,888,136
4,229,000
15,523,178
11,820,309
3,516,971
38,750
15,376,030
9,333,360
19,527,786
8,426,500
11,397,674
7,274,976
46,626,936
9,333,360
14,152,390
8,820,138
5,022,201
3,273,660
31,268,389
9,672,079
Road Use Taxes 17 8,426,500
Other State Grants & Reimbursements 18 1,279,382 391,496
Local Grants & Reimbursements 19 2,544,350 462,876
Subtotal - Intergovernmental (lines 16 thru 19) 20 4,038,925 11,367,114
0
Charges for Fees & Service:
Water Utility 21
1
107,620
Sewer Utility 22
11,433,056
11,433,056
12,830,871
Electric Utility 23
0
0
Gas Utility 24
0
0
Parking 25 26,210
6,671,922 6,698,132
6,546,854
Airport 26
0
0
Landfill/Garbage 27
9,787,878 9,787,878
9,747,751
Hospital 28
0
0
Transit 29
1,226,980 1,226,980
1,221,289
Cable TV, Internet & Telephone 30 512,750
512,750
0
Housing Authority 31
0
0
Storm Water Utility 32
1,717,010 1,717,010
1,568,019
Other Fees & Charges for Service 33 5,904,492 21,000
1 5,925,492
5,986,855
Subtotal - Charges for Service (lines 21 thru 33) 34 6,443,452 21,000
0 0 0 40,170,206 46,634,658
47,573,718
Special Assessments 35 810
810
0
Miscellaneous 36 1,738,064 327,811
54,525 147,275 547,609 2,815,284
3,364,380
Other Financing Sources:
Regular Operating Transfers In 37 14,171,676 1,867,851
20,052 6,364,804 40,360,367 62,784,750
46,464,323
Internal TIF Loan Transfers In 38 1,166,322
1,059,868 32,479 2,366,289
3,079,549
Subtotal ALL Operating Transfers In
39
15,337,998
1,867,851
107,620
1,079,920
6,397,283
0
40,360,367
65,151,039
49,543,872
Proceeds of Debt (Excluding TIF Internal Borrowing_ 40
200,000
11,972,340
12,172,340
13,375,848
Proceeds of Capital Asset Sales
41
976,332
1,000,000
1,976,332
1,866,243
Subtotal -Other Financing Sources (16-36thru38)
42
16,514,330
1,867,851
107,620
1,079,920
19,369,623
0
40,360,367
79,299,711
64,785,963
Total Revenues except for beginning fund balance
(lines 3, 4, 5, 12, 13, 14, 19, 33, 34, 35, & 39)
431
35,610
26,408,253
3,568,455
13,270,504
35,040,076
0
98,639,025
247,461,923
220,160,792
Beginning Fund Balance Jul 1
44
39,176,641
9,472,288
977,948
9,227,709
29,941,180
119,058
93,855,227
182,770,051
193,419,135
TOTAL REVENUES & BEGIN BALANCE fxnes41+ 21
451
109,712,251
35,880,541
4,546,403
22,498,213
64,981,2561
119,0581
192,494,2521
430,231,974
413,579,927
Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
Resolution No. 20-57
Resolution setting public hearing on amending the
FY2020 Operating Budget.
Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Harvat
Hall, City Hall, 410 East Washington Street, at 7:00 p.m., March 24, 2020, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit
any citizen to be heard for or against the proposed amendment to the FY2020 Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 3rd day of march
P020
Approved by
a a►, _ad
City Attorney's Office
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
x
Bergus
x
Mims
x
Salih
x
Taylor
x
Teague
x
Thomas
x
Weiner
9,t;
Item Number: 9.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution setting a public hearing on March 24, 2020 to discuss the
proposed FY2021 Operating Budget, the proposed three-year Financial
Plan for FY2020 - FY2022, and the five-year Capital Improvement Plan 2020
-2024.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Fiscal Impact: See memo below
Recommendations: Staff: Approval
10TOT171u •I ►%1
Attachments: FY2021 Notice of Public Hearing and related schedules
Resolution
Executive Summary:
On March 24, 2020, two public hearings are being scheduled: one hearing will be held to take
public input on the proposed amendment of the fiscal year 2020 (FY2020) budget, and one
hearing will be held to take public input on the proposed fiscal year 2021 (FY2021) budget.
Following the first public hearing, a resolution to amend the FY2020 Operating Budget will be
considered. Following the second public hearing, a resolution to adopt the FY2021 Operating
Budget and a resolution to approve the FY2020-2022 Financial Plan and 2020-2024 Capital
Improvement Plan document will be considered. The FY2021 adopted budget must be certified
by the Johnson County Auditor's office by March 31, 2020.
Background /Analysis:
The FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document was
made available to City Council and the general public in December 2019. This document included
the proposed FY2020 amended budget and the proposed FY2021 budget. This document
detailed the proposed and amended budgets as submitted by the City Manager following an
extensive budget process.
The City Council held public work sessions in January and February 2020 to review and discuss
the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. During
these budget work sessions, the City Manager and the department directors presented their
budget proposals and responded to questions from the City Council. The City Council also
clarified and refined their budget priorities during these work sessions.
The Notices of Public Hearing and related schedules for the FY2020 amended budget and the
proposed FY2021 budget represent all of the programs and details that were included in the
FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. The Notices
and related schedules also include any subsequent changes as directed by the City Council as
well as corrections and adjustments identified by City staff. These Notices of Public Hearing and
related schedules will be available to the public on March 13, 2020 and will be published in
accordance with state law to allow for public input.
Financial Impact:
Fiscal Year 2021 Proposed Budget On December 18, 2019, the FY2020-2022 Financial Plan
and 2020-2024 Capital Improvement Plan document was delivered to the City Council and made
available to the general public. Since that time, changes and adjustments were made by City
Council and by City staff to the proposed FY2021 budget. The changes to the FY2021 budget
are summarized as follows:
• Final property tax revenue calculations including gas & electric excise taxes and property tax
backfill payments:
$194,167 General Fund revenue
$112,746 Employee Benefits Fund revenue
(681) Emergency Levy Fund revenue
$21,334 Transit Fund revenue
+$1,217 Debt Service Fund revenue
$328,783 Total revenue impact
• Aid to Agencies was increased in the amount of $229,150.
• SSMI D revenue and expense increased in the amount of $12,980.
• Payroll expenditures for Police increased in the amount of $80,208.
The final proposed property tax levy rate for FY2021 is $15.773 per $1,000 of taxable valuation;
this is unchanged from the proposed levy rate presented in December. The FY2021 levy rate
represents a 0.37% decrease from Iowa City's FY2020 levy rate of $15.833 per $1,000 of
taxable valuation. Starting with fiscal year 2013, the City's property tax levy rate has decreased for
nine consecutive years by a total of $2.07 or 11.59%.
ATTACHMENTS:
Description
FY2021 Notice of Public Hearing & Schedules
Resolution
SSMID 4 (A) (B) 37
SSMID 5 (A) (B) 555
SSMID 6 (A) (B) 556
SSMID 7 (A) (B) 1177
SSMID 8 (A) (B) 1185
69 0
565 0
566 0
tma 0
tam 0
Total Special Revenue Levies 39 15,401,123 15,257,198
384.4 AmtNec Debt Service Levy 76.10(6) 40 10,975,871 40 10,872,328 70 2.57846
384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0 71 0
Total Property Taxes (27+39+40+41) 42 66,482,523 42 65,849,136 72 15.77305
COUNTY AUDITOR - I certify the budget is in compliance with ALL the following:
Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction.
i) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) was lawfully published, or posted if applicable, filed proof was evidenced.
2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing.
3) Adopted property taxes do not exceed published or posted amounts.
4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total.
5) Number of the resolution adopting the budget has been included at the top of this forth.
6) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. (coumyaudnor)
7) The long term debt schedule (Form 703) shows sufficient payment amounts to pay the G.O. debt certified by the city to this office.
Fpm 635.1
25
40,101,251
39,715,332
Department of Management
384.1
3.00375 Ag Land
Adoption Budget Certification
4,278- -
City Taxes
52=483
3.00375
of and of
27
40,105,529
39,719,610.
FISCAL YEAR BEGINNING JULY 1, 2020 - ENDING
JUNE 30, 2021
Resolution No.:
20 -
The
City of:
Iowa City County Name:
JOHNSON
Date Budget Adopted:
3/24/2020
1,001,442
991,805
64
0.24000
384.6
AmtNec Police & Fire Retirement
(oare)xxnxnx
The below -signed certifies that the City Council, on the date stated above, lawfully approved the named
resolution adopting
a budget for next fiscal year, as summarized
on this and the supporting pages.
Attached
is Long Term Debt Schedule Form 703 which lists any and all of the debt service obligations of
the City.
4,039,869
0.97758
Rules
AmtNec Other Employee Benefits
31
5,784,706
(319)356-5041
1.38633
Total Employee Benefit Levies (29,30,31)
32
13,954,054
Telephone Number
Signature
3.34415
County Auditor Date Stamp
33
January 1, 2019 Property Valuations
14,811,571
Valuation
With Gas & Electric
Without Gas & Electric
Last Official Census
Regular
28.
------------------------------------------
4,172,675,883 2b
4,132,519,644
67,862
DEBTSERVICE
3a
4,256,753,820 3b
4,216,597,581
66
2.00000
Ag Land
4a
1,424,328
0
67
0
SSMID 3 (A) (B)
36
TAXES LEVIED
0 -
68
0
(A)
(B)
(c)
Code
Dollar
Request with
Property Taxes
Sec.
Limit
Purpose
Utility Replacement
Levied
Rate
384.1
8.10000
Regular General levy
5
33,798,675
33,473,409
43 8.10000
(384)
Non -Voted Other Permissible Levies
12(8)
0.67500
Contract for use of Bridge
6
0
44 0
12(10)
0.95000
Opr & Maint publicly owned Transit
7
3,964,042
3,925,894
45 0.95000
12(11)
AmtNec
Rent, Ins. Maint of Civic Center
8
- -
0 -
46 0
12(12)
0.13500
Opr & Maint of City owned Civic Center
9
0
47 0
12(13)
0.06750
Planning a Sanitary Disposal Project
10
0
48 0
12(14)
0.27000
Aviation Authority (under sec.330A.15)
11
0
49 0
12(15)
0.06750
Levee Impr. fund in special charter city
13
0
51 0
12(17)
Amt Nec
Liability, property & self insurance costs
14
1,211,912
1,200,249.
52 0.29044
12(21)
Amt Nec
Support of a Local Emerg.Mgmt.Comm.
462
0
465 0
(384)
Voted Other Permissible Levies
12(1)
0.13500
Instrumental/Vocal Music Groups
15
0
53 0
12(2)
0.81000
Memorial Building
16
0
54 0
12(3)
0.13500
Symphony Orchestra
17
-
0 -
55 0
12(4)
0.27000
Cultural & Scientific Facilities
18
0
56 0
12(5)
As Voted
County Bridge
19
0
57 0
12(6)
1.35000
Missi or Missouri River Bridge Const.
20
0
58 0
12(9)
0.03375
Aid to a Transit Company
21
-
0
59 0
12(16)
0.20500
Maintain Institution received by gift/devise
22
0
60 0
12(18)
1.00000
City Emergency Medical District
463
0
466 0
12(20)
0.27000
Support Public Library
23
1,126,622- -
1,115,780 -
61 0.27000
28E.22
1.50000
Unified Law Enforcement
24
0 :
62 0
SSMID 4 (A) (B) 37
SSMID 5 (A) (B) 555
SSMID 6 (A) (B) 556
SSMID 7 (A) (B) 1177
SSMID 8 (A) (B) 1185
69 0
565 0
566 0
tma 0
tam 0
Total Special Revenue Levies 39 15,401,123 15,257,198
384.4 AmtNec Debt Service Levy 76.10(6) 40 10,975,871 40 10,872,328 70 2.57846
384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0 71 0
Total Property Taxes (27+39+40+41) 42 66,482,523 42 65,849,136 72 15.77305
COUNTY AUDITOR - I certify the budget is in compliance with ALL the following:
Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction.
i) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) was lawfully published, or posted if applicable, filed proof was evidenced.
2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing.
3) Adopted property taxes do not exceed published or posted amounts.
4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total.
5) Number of the resolution adopting the budget has been included at the top of this forth.
6) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. (coumyaudnor)
7) The long term debt schedule (Form 703) shows sufficient payment amounts to pay the G.O. debt certified by the city to this office.
Total General Fund Regular Levies (5 thru 24)
25
40,101,251
39,715,332
384.1
3.00375 Ag Land
26
4,278- -
4,278
63
3.00375
Total General Fund Tax Levies (25+26)
27
40,105,529
39,719,610.
ooN«Aaa
Special Revenue Levies
384.8
0.27000 Emergency (if general fund at levy limit)
28
1,001,442
991,805
64
0.24000
384.6
AmtNec Police & Fire Retirement
29
4,090,224.
4,050,861
0.98024
Amt Nec FICA & IPERS (if general fund at levy limit)
30
4,079,124
4,039,869
0.97758
Rules
AmtNec Other Employee Benefits
31
5,784,706
5,729,036
1.38633
Total Employee Benefit Levies (29,30,31)
32
13,954,054
13,819,766
65
3.34415
Sub Total Special Revenue Levies (28+32)
33
14,955,496
14,811,571
Valuation
386
As Req With Gas & Elec Without Gas & Elec
SSMID 1 IAI 222,813,569 (B) 222,813,569 34
445,627
445,627
66
2.00000
SSMID 2 (A) (B)
35
0
67
0
SSMID 3 (A) (B)
36
-
0 -
68
0
SSMID 4 (A) (B) 37
SSMID 5 (A) (B) 555
SSMID 6 (A) (B) 556
SSMID 7 (A) (B) 1177
SSMID 8 (A) (B) 1185
69 0
565 0
566 0
tma 0
tam 0
Total Special Revenue Levies 39 15,401,123 15,257,198
384.4 AmtNec Debt Service Levy 76.10(6) 40 10,975,871 40 10,872,328 70 2.57846
384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0 71 0
Total Property Taxes (27+39+40+41) 42 66,482,523 42 65,849,136 72 15.77305
COUNTY AUDITOR - I certify the budget is in compliance with ALL the following:
Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction.
i) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) was lawfully published, or posted if applicable, filed proof was evidenced.
2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing.
3) Adopted property taxes do not exceed published or posted amounts.
4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total.
5) Number of the resolution adopting the budget has been included at the top of this forth.
6) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. (coumyaudnor)
7) The long term debt schedule (Form 703) shows sufficient payment amounts to pay the G.O. debt certified by the city to this office.
Form 631.1 Department of Management
NOTICE OF PUBLIC HEARING
BUDGET ESTIMATE
FISCAL YEAR BEGINNING JULY 1, 2020 - ENDING JUNE 30, 2021
City of IOWA City , Iowa
The City Council will conduct a public hearing on the proposed Budget at 410 E Washington St, City Hall
on 3/24/2020 at 7:00 pm
(Date) xx/xx/xx (hour)
The Budget Estimate Summary of proposed receipts and expenditures is shown below.
Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor,
City Clerk, and at the Library.
The estimated Total tax levy rate per $1000 valuation on regular property .......... $
The estimated tax levy rate per $1000 valuation on Agricultural land is .. ......... $
15.77305
3.00375
At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part
of the proposed budget.
(319) 356-5041 Kellie Fruehling
phone number City Clerk/Finance Officer's NAME
Budget FY
2021
Re -estimated FY
2020
Actual FY
2019
(a)
(b)
(c)
Revenues & Other Financing Sources
Taxes Levied on Property
1
65,849,136
60,296,653
59,113,344
Less: Uncollected Property Taxes -Levy Year
2
0
0
0
Net Current Property Taxes
3
65,849,136
60,296,653
59,113,344
Delinquent Property Taxes
4
0
0
2,059
TIF Revenues
5
2,593,203
3,450,835
2,564,840
Other City Taxes
6
2,958,258
2,759,321
2,992,584
Licenses & Permits
7
2,209,820
2,073,060
3,006,074
Use of Money and Property
8
3,036,906
3,504,655
5,489,441
Intergovernmental
9
35,752,644
46,626,936
31,268,389
Charges for Fees & Service
10
48,039,624
46,634,658
47,573,718
Special Assessments
11
570
810
0
Miscellaneous
12
2,581,239
2,815,284
3,364,380
Other Financing Sources
131
12,772,840
14,148,672
15,242,091
Transfers In
14
47,223,813
65,151,039
49,543,872
Total Revenues and Other Sources
15
223,018,053
247,461,923
220,160,792
Expenditures & Other Financing Uses
Public Safety
16
27,852,394
26,751,348
24,589,780
Public Works
17
11,754,422
10,714,557
9,929,379
Health and Social Services
18
605,000
531,500
300,000
Culture and Recreation
19
16,431,607
16,088,200
13,910,730
Community and Economic Development
20
8,901,519
12,047,162
9,163,122
General Government
21
11,453,509
10,596,325
9,004,996
Debt Service
22
14,519,819
13,048,333
13,678,214
Capital Projects
23
22,705,470
64,420,852
39,752,910
Total Government Activities Expenditures
24
114,223,740
154,198,277
120,329,131
Business Type / Enterprises
25
61,278,675
73,613,844
60,936,873
Total ALL Expenditures
26
175,502,415
227,812,121
181,266,004
Transfers Out
27
47,223,813
65,151,039
49,543,872
Total ALL Expenditures/Transfers Out
28
222,726,228
292,963,160
230,809,876
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out
29
291,825
-45,501,237
-10,649,084
Beginning Fund Balance July 1
30
137,268,8141
182,770,051
193,419,135
Ending Fund Balance June 30
31
137,560,6391
137,268,814
182,770,051
Form 635.2A CITY OF Iowa City
Department of Management
ADOPTED BUDGET SUMMARY
YEAR ENDED JUNE 30, 2021
Fiscal Years
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
Revenues & Other Financing Sources
Taxes Levied on Property
1
39,719,610
15,257,198
2,593,203
10,872,328
0
0
0
0
11,710
1,838,991
65,849,136
0
60,296,653
0
59,113,344
0
Less: Uncollected Property Taxes -Levy Year 2 01 0
0
Net Current Property Taxes 3 39,719,610 15,257,198
10,872,328
65,849,136 60,296,653
59,113,344
Delinquent Property Taxes 4 0 0
TIF Revenues 5
Other City Taxes 6 2,687,089 155,985
0
0
0 0
2,059
2,593,203 3,450,835
2,564,840
15,000
115,184
100,912
0
0
2,958,258 2,759,321
2,992,584
Licenses & Permits 7 2,198,110 0
2,209,820 2,073,060
3,006,074
Use of Money and Property 8 975,6521 106,351
3,036,906 3,504,655
5,489,441
Intergovernmental
9
4,208,517
11,121,322
0
305,674
6,295,860
0
13,821,271
35,752,644
46,626,936
31,268,389
Charges for Fees & Service 10 7,008,678 37,810
2,608,203
0
0
40,993,136
48,039,624
46,634,658
47,573,718
Special Assessments 11 570 0
0
0
0
0
570 810
0
Miscellaneous 12 1,566,912 290,880
56,801
0
666,646
2,581,239 2,815,284
3,364,380
Sub -Total Revenues 13 58,365,138 26,969,546
11,450,899
6,295,860
0
57,331,754
163,021,400 168,162,212
155,374,829
Other Financing Sources:
Total Transfers In
14
14,649,360
2,001,370
165,000
1,021,113
5,180,635
0
24,206,335
47,223,813
65,151,039
49,543,872
Proceeds of Debt
15
400,000
0
0
0
11,871,140
0
0
12,271,140
12,172,340
13,375,848
Proceeds of Capital Asset Sales 16 501,700 0
0
0
0
0
501,700 1,976,332
1,866,243
Total Revenues and Other Sources
17
73,916,198
28,970,916
2,773,203
12,472,012
23,347,635
0
81,538,089
223,018,053
247,461,923
220,160,792
Expenditures & Other Financing Uses
Public Safety
Public Works
18
19
26,899,188
4,893,963
953,206
6,860,459
0
14,519,819
0
27,852,394
26,751,348
24,589,780
0
0
11,754,422 10,714,557
9,929,379
Health and Social Services 20 605,000 0
0
0
605,000 531,500
300,000
Culture and Recreation 21 16,431,607 0
0
0
16,431,607 16,088,200
13,910,730
Community and Economic Development 22 4,119,221 3,542,2691
1,240,029
0
8,901,519 12,047,162
9,163,122
General Government 23 10,184,185 1,269,324
0
0
11,453,509 10,596,325
9,004,996
Debt Service 24 0 0
0
0
14,519,819 13,048,333
13,678,214
Capital Projects 25 0 0
0
22,705,470
0
22,705,470 64,420,852
39,752,910
Total Government Activities Expenditures 26 63,133,164 12,625,258
1,240,029
14,519,819
22,705,470
0
114,223,740 154,198,277
120,329,131
Business Type Proprietray: Enterprise & ISF
27
61,278,675
61,278,675
73,613,844
60,936,873
Total Gov& Bus Type Expenditures
28
63,133,164
12,625,258
1,240,029
14,519,819
22,705,470
0
61,278,675
175,502,415
227,812,121
181,266,004
Total Transfers Out
29
8,767,341
16,331,000
1,092,142
0
0
0
21,033,330
47,223,813
65,151,039
49,543,872
Total ALL Expenditures/Fund Transfers Out
30
71,900,505
28,956,258
2,332,171
14,519,819
22,705,470
0
82,312,005
222,726,228
292,963,160
230,809,876
Excess Revenues & Other Sources Over
(Under) Expenditures/TransfersOut
31
32
2,015,693
14,658
441,032
-2,047,807
642,165
0
-773,916
291,825
-45,501,237
-10,649,084
Beginning Fund Balance July 1
33
37,364,2891
7,743,5701
511,3401
9,449,880
560,404
119,0581
81,520,273
137,268,814
182,770,0511
193,419,135
Ending Fund Balance June 30
34
39,379,9821
7,758,2281
952,3721
7,402,073
1,202,569
119,0581
80,746,357
137,560,639
137,268,814
182,770,051
Form 6316 CITY OF Iowa City Department of Management
The last two columns will fill in once
REVENUES DETAIL the Re -Est forms are completed
Fiscal Year Ending 2021 Fiscal Years
(A)
(B)
GENERAL
C
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property
1
39,719,610
15,257,198
10,872,328
10,872,3281
0
0
11,710
65,849,136
0
65,849,136
0
2,593,203
633,387
964,690
0
0
58,361
1,301,820
0
2,958,258
2,209,820
60,296,653
0
60,296,6531
0
3,450,835
676,391
976,050
0
0
61,180
1,045,700
0
2,759,321
2,073,060
59,113,344
0
59,113,344
2,059
2,564,840
667,713
964,690
0
0
46,295
1,313,886
0
2,992,584
3,006,074
Less: Uncollected Property Taxes - Levy Year 2
Net Current Property Taxes (line 1 minus line 2) 3 39,719,6101 15,257,198
Delinquent Property Taxes 4
TIF Revenues 5
Other City Taxes:
Utility Tax Replacement Excise Taxes 6 385,919 143,925
2,593,203
103,543 0
Utility franchise tax Iowa Code Chapter 364.2 7 964,690
Parimutuel wager tax 8
Gaming wager tax 9
Mobile Home Taxes 10 34,660 12,060
11,641
Hotel/Motel Taxes 11 1,301,820
Other Local Option Taxes 12
Subtotal - Other City Taxes (lines 6 thru 12) 13 2,687,089 155,985
115,184 0
Licenses & Permits 14 2,198,110
Use of Money & Property
15
975,652
106,351
15,000
100,912
1,838,991
3,036,906
3,504,655
5,489,441
Intergovernmental:
Federal Grants & Reimbursements
16
248,165
1,371,516
305,674
305,674
3,245,860
1,438,000
1,612,000
6,295,860
11,954,540
1,827,981
38,750
1 13,821,271
16,820,081
8,820,140
5,252,384
4,860,039
35,752,644
19,527,786
8,426,500
11,397,674
7,274,976
46,626,936
14,152,390
8,820,138
5,022,201
3,273,660
31,268,389
Road Use Taxes 17 8,820,140
Other State Grants & Reimbursements 18 1,209,094 471,635
0
Local Grants & Reimbursements 19 2,751,258 458,031
Subtotal - Intergovernmental (lines 16 thru 19) 20 4,208,517 11,121,322
0
Charges for Fees & Service:
Water Utility
21
-
165,000
9,744,740
9,744,740
9,333,360
9,672,079
Sewer Utility 22
11,632,156 11,632,156 11,433,056
12,830,871
Electric Utility 23
0 0
0
Gas Utility 24
0 0
0
Parking 25 30,750
6,348,010 6,378,760 6,698,132
6,546,854
Airport 26
0 0
0
Landfill/Garbage 27
10,342,230 10,342,230 9,787,878
9,747,751
Hospital 28
0 0
0
Transit 29
1,221,300 1,221,300 1,226,980
1,221,289
Cable TV, Internet & Telephone 30 512,750
512,750 512,750
0
Housing Authority 31
0 0
0
Storm Water Utility 32
1,704,700 1,704,700 1,717,010
1,568,019
Other Fees & Charges for Service 33 6,465,178 37,810
1 6,502,988 5,925,492
5,986,855
Subtotal - Charges for Service (lines 21 thru 33) 34 7,008,678 37,810
0 0 0 40,993,136 48,039,624 46,634,658
47,573,718
Special Assessments 35 570
570 810
0
Miscellaneous 36 1,566,912 290,880
56,801 666,646 2,581,239 2,815,284
3,364,380
Other Financing Sources:
Regular Operating Transfers In 37 14,560,444 2,001,370
20,052 5,178,470 24,206,335 45,966,671 62,784,750
46,464,323
Internal TIF Loan Transfers In 38 88,916
1,001,061 2,165 1,257,142 2,366,289
3,079,549
Subtotal ALL Operating Transfers In
39
14,649,360
2,001,370
165,000
1,021,113
5,180,635
0
24,206,335
47,223,813
65,151,039
49,543,872
Proceeds of Debt (Excluding TIF Intemal Borrowing)
40
400,000
11,871,140
12,271,140
12,172,340
13,375,848
Proceeds of Capital Asset Sales
41
501,700
501,700
1,976,332
1,866,243
Subtotal -Other Financing Sources (lines 38thru40)
42
15,551,060
2,001,370
165,000
1,021,113
17,051,775
0
24,206,335
59,996,653
79,299,711
64,785,963
Total Revenues except for beginning fund balance
(lines 3, 4, 5, 13, 14, 15, 20, 34, 35, 36, & 41)
43
73,916,198
28,970,916
2,773,203
12,472,012
23,347,635
0
81,538,089
223,018,053
247,461,923
220,160,792
Beginning Fund Balance Jul 1
44
37,364,289
7,743,570
511,340
9,449,880
560,404
119,058
81,520,273
137,268,814
182,770,051
193,419,135
TOTAL REVENUES & BEGIN BALANCE frmes42.43
451
111,280,4871
36,714,4861
3,284,543
21,921,892
23,908,039
119,0581
163,058,3621
360,286,8671
430,231,974
413,579,927
Form 631 AP1 CITY OF Iowa lilt/ Department of Management
EXPENDITURES SCHEDULE PAGE 1
Fiscal Year Ending 2021 Fiscal Years
GOVERNMENT ACTIVITIES
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
ROPRIETAR
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
PUBLIC SAFETY
Police DepartmentlCrime Prevention
1
14,664,353
14,664,353
14,213,298
13,297,882
Jail 2
0 0
0
Emergency Management 3
0 0
0
Flood Control 4
0 0
0
Fire Department 5 9,032,037
9,032,037 8,630,791
8,292,055
Ambulance 6
0 0
0
Building Inspections 7 2,196,826
2,196,826 1,878,433
1,792,911
Miscellaneous Protective Services 8
0 0
0
Animal Control 9 1,002,840
1,002,840 1,105,829
775,273
Other Public Safety 10 3,132 953,206
956,338 922,997
431,659
TOTAL (lines 1 - 10) 11 26,899,188 953,206
0
27,852,394 26,751,348
24,589,780
PUBLIC WORKS
Roads, Bridges, & Sidewalks 12 4,489,938
4,489,938 4,262,206
4,085,867
Parking - Meter and Off -Street 13
0 0
0
Street Lighting 14 462,077
462,077 551,382
0
Traffic Control and Safety 15 885,979
885,979 829,889
1,563,536
Snow Removal 16 511,646
511,646 452,820
566,920
Highway Engineering 17 3,117,289
3,117,289 2,807,112
2,105,423
Street Cleaning 18 387,719
387,719 375,447
354,070
Airport (if not Enterprise) 19
0 0
0
Garbage (if not Enterprise) 20
0 0
0
Other Public Works 21 1,776,674 123,100
1,899,774 1,435,701
1,253,563
TOTAL (lines 12 - 21) 22 4,893,963 6,860,459
0
11,754,422 10,714,557
9,929,379
HEALTH & SOCIAL SERVICES
Welfare Assistance 23
City Hospital 24
0 0
0
0 0
0
Payments to Private Hospitals 25
0 0
0
Health Regulation and Inspection 26
0 0
0
Water, Air, and Mosquito Control 27
0 0
0
Community Mental Health 28
0 0
0
Other Health and Social Services 29 605,000
605,000 531,500
300,000
TOTAL (lines 23 - 29) 30 605,000 0
0
605,000 531,500
300,000
CULTURE & RECREATION
Library Services 31 7,092,059
7,092,059 6,976,883
6,403,794
Museum, Band and Theater 32
0 0
0
Parks 33 3,615,755
3,615,755 3,660,957
2,880,956
Recreation 34 4,267,267
4,267,267 4,078,684
3,410,408
Cemetery 35 417,858
417,858 400,567
349,747
Community Center, Zoo, & Marina 36
0 0
0
Other Culture and Recreation 37 1,038,668
1,038,6681 971,1091
865,825
TOTAL (lines 31-37) 38 16,431,607 0
01
16,431,6071 16,088,2001
13,910,730
Form 631 AP2 CITY OF Iowa City Department of Management
EXPENDITURES SCHEDULE PAGE 2
Fiscal Year Ending 2021 Fiscal Years
GOVERNMENT ACTIVITIES CONT.
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
COMMUNITY & ECONOMIC DEVELOPMENT
Community Beautification
39
322,560
1,175,758
1,411,220
1,209,683
4,119,221
1,465,209
3,515,267
867,117
752,633
1,021,248
2,562,711
10,184,185
0
63,133,164
2,263,744
1,278,525
3,542,269
1,269,324
1,269,324
0
12,625,258
662,332
577,697
1,240,029
0
0
1,240,029
14,519,8191
22,705,470
22,705,470
14,519,819 22,705,470
0
0
0
0
7,223,499
7,025,739
367,708
9,377,233
7,988,973
10,139,876
679,879
3,995,631
7,645,487
6,834,650
61,278,675
322,560
352,581
319,627
Economic Development 40
1,175,758 1,803,776
2,584,660
Housing and Urban Renewal 41
2,263,744 3,320,612
3,149,604
Planning & Zoning 42
1,411,220 1,739,823
1,338,691
Other Com & Econ Development 43
3,150,540 3,874,520
1,770,540
TIF Rebates 44
TOTAL (lines 39-44) 45
577,697 955,850
0
8,901,519 12,047,162
9,163,122
GENERAL GOVERNMENT
Mayor, Council, & City Manager 46
Clerk, Treasurer, & Finance Adm. 47
Elections 48
Legal Services & City Attorney 49
1,465,209 1,474,838
1,664,469
3,515,267 3,492,019
3,177,942
0 0
0
867,117 880,104
751,266
City Hall & General Buildings 50
752,633 854,593
709,704
Tort Liability 51
Other General Government 52
TOTAL (lines 46 - 52) 53
1,021,248 1,010,458
973,669
3,832,035 2,884,313
1,727,946
11,453,509 10,596,325
9,004,996
DEBT SERVICE 54
14,519,819 13,048,333
13,678,214
Gov Capital Projects 55
22,705,470 64,420,852
39,752,910
TIF Capital Projects 56
0 0
0
TOTAL CAPITAL PROJECTS 57
22,705,470 64,420,852
39,752,910
TOTAL Government Activities Expenditures
(lines 11+22+30+38+45+53+54+57) 58
114,223,740 154,198,277
120,329,131
BUSINESS TYPE ACTIVITIES
Proprietary: Enterprise & Budgeted ISF
7,223,499 7,029,985
5,996,581
Water Utility 59
Sewer Utility 60
7,025,739 6,733,448
5,875,768
Electric Utility 61
0 0
0
Gas Utility 62
1 0 0
0
Airport 63
367,708 365,273
381,227
Landfill/Garbage 64
9,377,233 9,314,327
8,384,672
Transit 65
7,988,973 8,371,003
7,446,609
Cable TV, Internet & Telephone 66
0 0
0
Housing Authority 67
10,139,876 11,703,168
9,775,270
Storm Water Utility 68
679,879 715,551
451,277
Other Business Type (city hosp., ISF, parking, etc.) 69
3,995,631 4,316,160
6,448,791
Enterprise DEBT SERVICE 70
7,645,487 7,623,787
8,464,303
Enterprise CAPITAL PROJECTS 71
6,834,650 17,441,142
7,712,375
Enterprise TIF CAPITAL PROJECTS 72
0 0
0
TOTAL Business Type Expenditures (lines 59 - 73) 73
61,278,675 73,613,844
60,936,873
TOTAL ALL EXPENDITURES (lines 58+74)
74
63,133,164
12,625,258
1,240,029
14,519,819 22,705,470
0 61,278,675
175,502,415
227,812,121
181,266,004
Regular Transfers Out
75
8,602,341
165,000
16,331,000.
1,092,142
21,033,330
45,966,671
62,784,750
46,464,323
Internal TIF Loan / Repayment Transfers Out 76
1,257,142 2,366,289
3,079,549
Total ALL Transfers Out
77
8,767,341
16,331,000
1,092,142
0 0
0 21,033,330
47,223,813
65,151,039
49,543,872
Total Expenditures & Fund Transfers Out (ln-75.7e)
78
71,900,505
28,956,258
2,332,171
14,519,819 22,705,470
0 82,312,005
222,726,228
292,963,160
230,809,876
Ending Fund Balance June 30
791
39,379,9821
7,758,228
952,3721'7,402,0731
1,202,5691
119,0581 80,746,357
137,560,6391
137,268,8141
182,770,051
* A continuing appropriation is the unexpended budgeted amount from a prior year's capital project. The entry is made on the Con Approps page that must accompany the budget forms if used. SEE INSTRUCTIONS FOR USE.
Form 703
City Name: IOWA C
Debt Name
(A)
1 2012 GO
2 2013 GO
3 2014 GO
4 2015 GO
5 2016 GO
6 2017 GO
7 201BAGO
8 2019 GO
9 2020 GO (proposed)
10 2012D TIF Revenue Bonds
1111 12016E TIF Revenue Bonds
6 Water Revenue Refunding Bonds
7 Water Revenue Refundina Bonds
LONG TERM DEBT SCHEDULE
GENERAL OBLIGATION BONDS, TIF BONDS, REVENUE BONDS, LOANS, LEASE -PURCHASE PAYMENTS
PAGE 1
GO - TOTAI
NON -GO TOTAI
GRAND TOTAI
Amount Type of Debt
of Debt Resolution
Issue Obligation Number
(B) (C) (D)
7
GO
GO
GO
GO
GO
GO
GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
14-134
18-133
19-116
16-255
16-172
TOTALS
Department of Management
Fiscal Year
2021
10,760,000
1,311,124
12,071,124
3,600
0
1,098,853
10,975,871
6,235,000
899,161
7,134,161
2,800
0
7,136,961
0
16,995,000
2,210,285
19,205,285
6,400
0
8,235,814
10,975,871
Principal
Due FY
2021
(E)
Interest
Due FY
2021
(F)
Total
Obligation
Due FY
2021
(G)
Bond Reg./
Paying Agent
Fees Due FY
2021
=(H)
Reductions due
to Refinancing
or Prepayment
of Certified Debt
=(I)
Paid from
Funds OTHER THAN
Current Year
Debt Service Taxes
=-(J)
Amount Paid
Current Year
Debt Service Levy
=(K)
975,000
42,113
1,017,113
400
60,556
956,957
835,000
45,723
880,723
400
154,096
727,027
950,000
101,075
1,051,075
400
308,599
742,876
785,000
83,000
868,000
400
72,473
795,927
930,000 1
127,150
1,057,150
400
1,057,550
940,000
154,063
1,094,063
400
160,429
934,034
840,000
217,800
1,057,800
400
1,058,200
905,000
173,000
1,078,000
400
1,078,400
3,600,000
367,200
3,967,200
400
342,700
3,624,900
1,985,000
64,545
2,049,545
400
2,049,945
0
0
384,150
384,150
400
384,550
0
1,765,000
90,050
1,855,050
400
1,855,450
0
855,000
167,375
1,022,375
400
1,022,775
0
520,000
27,140
547,140
400
547,540
0
445,000
75,863
520,863
400
521,263
0
665,000
90,038
755,038
400
755,438
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
16,995,000
2,210,285
19,205,2851
6,400
0
8,235,814
10,975,871
Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington St., Iowa City IA 52240 (319)356-5053
RESOLUTION NO. 20-58
Resolution setting a public hearing on March 24, 2020 to
discuss the proposed FY2021 Operating Budget, the
proposed three-year Financial Plan for FY2020 — FY2022,
and the five-year Capital Improvement Plan 2020 - 2024.
Be it resolved by the City Council of the City of Iowa City, Iowa, that a public hearing on said
proposal should be and is hereby set for March 24, 2020, at 7:00 p.m. in Emma J. Harvat Hall of
the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that
the City Clerk be and is hereby directed to cause notice of said public hearing to be published as
provided by law, to permit any taxpayer to be heard for or against the proposed FY2021 Operating
Budget and the proposed FY2020-FY2022 Financial Plan and also the five-year Capital
Improvement Plan 2020 - 2024.
Passed and approved this 3rd day of march _'20 20 .
M 4&r
Clerk
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
finadm\budgerrpubhrgFV21.dm
Nays:
p oved b
a_ aL�ab
City Attorneys Office
seconded by 'Taylor the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
J.J'
Item Number: 9.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution of intent to consider the proposed lease of land at the
Waterworks Prairie Park to MidAmerican Energy Company for a large scale
solar energy system and setting a public hearing thereon for March 24, 2020.
Prepared By: Geoff Fruin, City Manager
Reviewed By: Eleanor Dilkes, City Attorney
Ron Knoche, Public Works Director
Ashley Monroe, Assistant City Manager
Fiscal Impact: The City will receive a initial lease payment of $13,440 with a 3% escalator
each year over the thirty to forty year term. A tree mitigation payment of
$25,000 to $30,000 will also be received by the City.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Site Exhibit
Resolution
Lease Agreement
Executive Summary:
This is a lease of 18.89 acres of land at Waterworks Prairie Park to MidAmerican Energy
Company for the purpose establishing a large-scale solar energy system. The lease term is thirty
years with an additional 10 year option. The annual rental payment will be $13,440 with a three
percent annual escalator. The lease is consistent with the actions called for in Iowa City's Climate
Action and Adaptation Plan.
Background /Analysis:
The City's Climate Action and Adaptation Plan recognizes the importance of partnerships with a
variety of stakeholders. Perhaps most important is the partnership with the community's largest
energy supplier, MidAmerican Energy. The City is in a unique position to partner with
MidAmerican Energy to expand on their commitment to renewable energy in a significant manner.
This lease will enable MidAmerican Energy to install their first large-scale solar project in a
prominent location along Interstate 80 and the popular Waterworks Prairie Park pedestrian trail.
In this lease agreement the City will allow MidAmerican Energy to utilize 18.89 acres of ground to
install a solar energy system that is estimated to generate 3 megawatts of energy. This production
will be tied into the electric grid and generate the equivalent energy consumed by 580 average
Iowa single-family homes. While not tied directly into a City facility, the community will take a
meaningful step forward toward reaching our carbon emission reduction goals through the
expanded use of renewable energy in the MidAmerican Energy service territory.
The ground that is proposed to be leased is non -developable and currently is planted with prairie.
MidAmerican is committing to replacing the existing prairie with low growth perennial vegetation
underneath the solar panels to be approved by the City through a vegetation management plan
submittal prior to the start of operations. I n order to maximize use of the solar energy system, the
lease agreement allows for the removal of trees along the 1-80 Iowa Department of Transportation
right-of-way and, if needed, select trees along the west side of the leased area. MidAmerican
Energy will pay the City a tree mitigation fee of $25,000-$30,000 for these removals. The City will
use these funds for new plantings in the community.
MidAmerican Energy will pay the City an annual rent of $13,440 with a 3% annual escalator. The
term of the lease is thirty years with a ten year extension option for MidAmerican Energy.
MidAmerican Energy is responsible for all costs associated with the construction and
maintenance of the solar energy system.
This project will serve as a highly visible sign of the City's commitment to Climate Action. Not only
will the solar energy system be seen from 1-80, it will also be able to viewed by the trail users at
Waterworks Prairie Park. As part of the project, MidAmerican Energy will pay for signage along I-
80 and also pay for and construct an educational wayside near the solar installation, adjacent to
the park. This shelter and seating area will feature signage describing the solar partnership and
both MidAmerican Energy's and the City's commitment to Climate Action. Through this
educational effort we hope that we can inspire others viewing the installation to consider
renewable energy or other climate actions in their home or business.
City staff views this project as a significant step forward toward our Climate Action goals. It
exemplifies the types of partnerships that will be needed to achieve our goals and creates a
prominently featured example that will serve to educate and inspire further actions in the
community. With Council approval, MidAmerican Energy plans to start work on the installation in
2020.
ATTACHMENTS:
Description
Site Exhibit
Resolution
Lease Agreement
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Project No: 1190998
` 'r Sheet 1 of 1
Prepared by: Eleanor M. Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 20-59
Resolution of intent to consider the proposed lease of land at the
Waterworks Prairie Park to MidAmerican Energy Company for a large-
scale solar energy system and setting a public hearing thereon for
March 24, 2020
Whereas, city staff has negotiated a lease of 18.89 acres of land at Waterworks Prairie Park to
MidAmerican Energy Company for the purpose of establishing a large-scale solar energy system;
and
Whereas, the lease term is thirty years with an option for MidAmerican to extend the term for an
additional ten years; and
Whereas, the lease is consistent with the actions called for in Iowa City's Climate Action and
Adaptation Plan; and,
Whereas, the annual rental payment will be $13,440 with a 3 percent annual indicator, which
represents fair rental value as determined by a review of comparable leases; and
Whereas, it is in the public interest to lease said land to MidAmerican Energy for use as a large-
scale solar facility.
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The City Council does hereby declare its intent to consider the lease of land at Waterworks
Prairie Park to MidAmerican Energy Company for the purpose of establishing a large-scale
solar energy system, as attached hereto, at an annual rent of $13,440 with a 3% annual
escalator.
2. A public hearing on said proposal should be and is hereby set for March 24, 2020, at 7:00
p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public
hearing to be published as provided by law.
Passed and approved this 3rd day of march 2020,
MXZR / Q
roved
-
asap ATTEST:
a -
City Attorney's Office
CITY CLERK
Resolution No.
Page 2
20-59
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
% Bergus
x Mims
x Salih
x Taylor
x Teague
% Thomas
% Weiner
SOLAR LAND LEASE
(Waterworks Solar Project)
THIS SOLAR LAND LEASE (Waterworks Solar Project) (this "Lease") is entered into as of the Effective
Date by and between Lessor and Lessee. Lessor and Lessee are sometimes herein together referred to as the
"Parties" and individually as a "Party". For good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Definitions. The following terms shall have the following meanings when capitalized in this Lease:
1.1 "Lessor" City of Iowa City, Iowa
1.2 "Lessor's Address" City of Iowa City
c/o City Manager
410 E. Washington St.
Iowa City, IA 52240
With Copies to:
City Attorney and City Clerk
410 E. Washington St.
Iowa City, IA 52240
Primary Phone: 319-356-5000
1.3 "Property" That certain real property located in Iowa City (the
"City") in Johnson County, State of Iowa (the
"County"), being approximately 18.89 acres and
described in Exhibit A (attached hereto and
incorporated herein by this reference), as the same
may be modified from time to time as provided by
the Lease.
1.4 "Lessee" MidAmerican Energy Company, an Iowa
corporation
1.5 "Lessee's Address" MidAmerican Energy Company
4299 Northwest Urbandale Drive
Urbandale, Iowa 50322
Attention: Vice President — Generation
Phone: (800) 632-0999
1.6 "Effective Date" .2020.
1.9 "Term" See Section 3
1.10 "Annual Rent" See Section 4
1.11 "Project" The solar generation project commonly referred to
as the "Waterworks Solar Project" and located in
Johnson County, Iowa.
1.12 "Parent Property" That certain real property located in the County and
contains the Property and which is described in
Exhibit B (attached hereto and incorporated herein
by this reference).
-1-
Waterworks Solar — Iowa City
2. Agreement to Lease. Lessor hereby leases to Lessee and its successors and assigns for the Term, as
defined below, the Property for the following rights and purposes:
2.1 The exclusive right for solar energy conversion, for the collection, distribution and transmission of
electric power, and for related and incidental purposes and activities (collectively, "Operations"), including,
without limitation:
(a) conducting studies of solar radiation, solar energy, soils, and other meteorological and
geotechnical data;
(b) constructing, reconstructing, erecting, installing, improving, replacing, relocating and
removing from time to time, and maintaining, using, monitoring and operating, existing, additional
or new (i) individual units or arrays of solar energy collection cells, panels, mirrors, lenses and
related facilities necessary to harness sunlight for photovoltaic energy generation, including without
limitation, existing and/or future technologies used or useful in connection with the generation of
electricity from sunlight, and associated support structure, braces, wiring, plumbing, and related
equipment ("Solar Energy Facilities"), (ii) electrical transmission and distribution facilities,
including without limitation, overhead and underground transmission, distribution or collector lines,
circuit breakers, meters, conduit, footings, towers, poles, crossarms, guy lines, anchors, cabling
and wires, (iii) overhead and underground control, communications and radio relay systems, (iv)
substations, interconnection and/or switching facilities and electric transformers and transformer
pads, (v) energy storage facilities, (vi) meteorological station and solar energy measurement
equipment, (vii) control buildings, control boxes and computer monitoring hardware, (viii) utility
installation, (ix) safety protection facilities, (x) maintenance yards, (xi) roads and erosion control
facilities, (xii) signs and fences, and (xiii) other improvements, fixtures, facilities, machinery and
equipment associated or connected with the generation, conversion, storage, switching, metering,
step-up, step-down, transmission, distribution, conducting, wheeling, sale or other use or
conveyance of electricity (all of the foregoing, including the Solar Energy Facilities, collectively a
"Solar Energy System" or "Improvements";
(c) A non-exclusive right for the development, erection, installation, construction,
improvement, interconnection, reconstruction, enlargement, removal, relocation, replacement and
repowering, and the use, maintenance, repair and operation of, facilities for the storage, collection,
distribution, step-up, step-down, wheeling, transmission and sale of electricity and for
communications in connection with the Solar Energy System, including the following, at such
locations as Lessee shall determine that are developed, constructed and/or operated on the
Property and/or on property to be acquired by leasehold or by fee purchase, by or on behalf of
Lessee: underground and/or overhead distribution, collection and transmission lines; underground
and/or overhead control, communications and radio relay systems and telecommunications
equipment; energy storage facilities; interconnection and/or switching facilities, circuit breakers,
transformers; cables, wires, fiber, conduit, footings, foundations, towers, poles, crossarms, guy
lines and anchors, and any related or associated improvements, fixtures, facilities, appliances,
machinery and equipment to grant access to third parties for transmission access (collectively, the
"Transmission Facilities");
(d) Removing, trimming, pruning, topping or otherwise controlling the growth of any tree,
shrub, plant or other vegetation; dismantling, demolishing, and removing any improvement,
structure, embankment, impediment, berm, wall, fence or other object, on or that intrudes (or upon
maturity could intrude) into the Property that could obstruct, interfere with or impair the Solar Energy
System or the use of the Property intended by Lessee hereunder. Removal of intrusions that are
located on the Parent Property require the written permission of Lessor. In the event that Lessee
removes any trees on the Property or immediately south of the Property within the Iowa Department
of Transportation right of way in connection to the initial construction of the Solar Energy System,
Lessee shall pay a tree removal mitigation fee of $25,000 to Lessor within forty-five (45) days of
the Operations Date (defined below); Lessee will be responsible for obtaining the necessary permit
-2-
Waterworks Solar — Iowa City
from The Iowa Department of Transportation to clear trees to the South of the Property on 1-80 right
of way. In the event that Lessee removes any trees immediately west of the Property on either
side of the current existing bike path in connection to the initial construction of the Solar Energy
System, Lessee shall pay a tree removal mitigation fee of $5,000 to Lessor within forty-five (45)
days of the Operations Date.
(e) A non-exclusive easement for vehicular and pedestrian access, ingress and egress to,
from and over the Property and Parent Property as follows — Access to and from the Property will
be via the Water Plant north parking lot automatic gate with RFID badge access and the manually
operated well field access gate on the west end of the Water Plant north parking lot. Lessor agrees
to provide Lessee with one badge for access via the north parking lot automatic gate and to allow
the manually operated well field access gate to be doubled locked with Lessee provided
padlock. Access to the Property outside of normal working hours (normal working hours are
Monday through Friday from 7 a.m. to 5 p.m.) or extended access to the Property for activities that
last more than one day must be communicated to the Water Plant for security purposes. Provided
however, that Lessor recognizes that exigent circumstances may require Lessee to access the
Property with limited or no notice, and Lessor shall not prevent Lessee from accessing the Property
on the basis that Lessee has provided insufficient notice.
(f) A non-exclusive right to extract soil samples, perform geotechnical tests, and conduct such
other tests, studies, inspections and analysis of or on the Property as Lessee deems necessary,
useful or appropriate; and
(g) undertaking any other lawful activities, whether accomplished by Lessee or a third party
authorized by Lessee, that Lessee determines are necessary, helpful, appropriate or convenient in
connection with, incidental to or to accomplish any of the foregoing purposes.
(h) Notwithstanding anything herein to the contrary, Lessee shall not install any overhead
component or facility without Lessor's approval. Provided however, Lessee shall be allowed to
replace any existing component or facility without approval.
3. Term.
3.1 The term of this Lease (the "Term") begins on the Effective Date and terminates upon the earlier
of: (a) thirty (30) years after the Effective Date or (b) the date this Lease is terminated as permitted herein
or by operation of law. This Lease shall not terminate solely because of abandonment or nonuse except as
provided herein.
3.2 Lessee shall use its best efforts to complete the construction of the Solar Energy System on the
Property. Lessee's interest under this Lease shall terminate and all payments hereunder shall be forfeited
in the event the Operations Date has not occurred on or before the second (2nd) anniversary of the Effective
Date. Such failure shall be considered an event of Default and Lessor shall have available all remedies set
forth herein.
3.3 Lessee shall have the preferential right upon written notice to Lessee, not less than 180 days before
expiration of the initial Term, to extend the Term for an additional period of ten (10) years ("Extended
Term"). Lessee grants Lessor permission to record in the Johnson County records a notice of such
extension.
4. Payments to Lessor.
4.1 Annual Rent. Lessee shall pay Lessor an annual rental payment ("Annual Rent") of Thirteen
Thousand Four Hundred Forty and no/100 Dollars ($13,440.00) which such Annual Rent shall be payable
prospectively on an annual basis as follows: the initial annual payment of the Annual Rent shall be made
by Lessee to Lessor on the Effective Date and subsequent annual payments of the Annual Rent shall be
-3-
Waterworks Solar — Iowa City
paid by Lessee to Lessor on or before the anniversary of the Effective Date for and during the Term and
the Extended Term (if applicable), unless the Lease is terminated earlier by either Party in accordance with
the terms of this Lease. After the end of the term of this Lease, Lessee shall pay to Lessor the Annual Rent
until the Solar Energy System is physically removed in its entirety from the Property in accordance with the
terms of this Agreement.
4.2 Rent Escalation. Commencing on the first anniversary of the Effective Date, such Annual Rent
shall be adjusted upwards by three percent (3%) per year on a compounded basis.
4.3 Operations Date. For purposes of this Lease, the "Operations Date" shall mean the date upon
which net electricity is regularly generated (excluding start-up and testing of the Solar Energy System) by
the Project to purchasers of generated electricity or used as part of the Solar Energy System. This Lease
shall not be construed as imposing upon Lessee any obligation to commence or continue generating any
particular quantity of electricity or derive any particular amount of receipts therefrom at any time.
4.4 Annual Rent Prorations. Lessee agrees that the Annual Rent payments shall not be prorated and
therefore once made, shall not be refundable, in whole or in part, if Lessee elects not to construct or operate
a Solar Energy System on the Property.
4.5 Credits. Lessee shall be exclusively entitled to apply for, collect, receive, and obtain the benefit of
all credits, set -offs, payments or other consideration arising out of the electrical energy generated by the
Solar Energy System and the sale, transportation and distribution of such energy including, without
limitation, (i) federal, state and local production tax credits, governmental subsidies, production incentive
payments and other renewable energy credits, (ii) green pricing programs, green tags, renewable energy
credit trading programs, nor proceeds received from the sale of environmental attributes (e.g., renewable
energy or carbon credits) and (iii) environmental air quality credits, emission credits, greenhouse gas
reduction credits, environmental set -offs and similar benefits (collectively "Credits"). Lessor shall
reasonably assist Lessee in applying for and receiving such Credits.
4.7 Form W-9. Within fifteen (15) days after the Effective Date, Lessor shall deliver to Lessee a fully
completed and executed Form W-9 (Request for Taxpayer Identification Number and Certification) (the
"Form W-9"); provided, further, that Lessor shall deliver to Lessee fully completed and executed updates
to the Form W-9 as may be reasonably requested by Lessee within fifteen (15) days following any such
request.
4.3 Late Payments. If Lessee fails to make any payment to Lessor required of it hereunder when due,
interest shall accrue on the overdue amount, from the date overdue until the date paid, at a rate equal to
the sum of four percent (4%) per annum, provided that in no event shall such interest exceed the maximum
rate permitted by Law.
5. Use of Premises.
5.1 Lessee's Rights to Upgrade Facilities. The Parties agree that solar energy technologies are
improving at a rapid rate and that it is probable that Lessee may from time to time (although Lessee shall
not be required to) replace existing Solar Energy Facilities on the Property with newer model or design
Solar Energy Facilities which have increased energy capture and efficiency. Lessor grants Lessee the right
to replace any existing Solar Energy Facilities on the Property with newer model or design Solar Energy
Facilities which have increased energy capture and efficiency, provided however, that Lessee shall have
no obligation to replace any part of the Solar Energy Facilities on the Property, and provided however that
Lessee shall at all times have the obligation to maintain the Property as set forth in Section 5.16.
5.2 Ingress and Egress. This Lease includes the right of ingress to and egress from the Solar Energy
System over, under, and along the Property and Parent Property by means of any existing roads and lanes
thereon, and, with the written permission of Lessor, by such other route or routes as Lessee may construct
on the Property from time to time, for the benefit of and for purposes incidental to Operations on the Property
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and to Improvements that are developed, constructed and/or operated on the Property, and on other
property to be acquired by leasehold, easement or by fee simple purchase, by or on behalf of Lessee, as a
single integrated Solar Energy System to generate and deliver electrical power to purchasers of such
power, and for the benefit of and for purposes incidental to Operations, activities and projects on lands
other than the Property.
5.3 Exclusive Use. Lessee shall have the sole and exclusive right to convert all of the solar resources
of and to conduct Operations on the Property. Lessor shall not grant any rights in the Property purporting
to permit others to conduct Operations on the Property in derogation of Lessee's sole and exclusive right
to conduct Operations on the Property. Without the prior written consent of Lessee, Lessor shall not (i)
waive any right available to Lessor or grant any right or privilege subject to the consent of Lessor by law or
contract, including without limitation any environmental regulation, land use ordinance or zoning regulation,
with respect to setback requirements, noise limitations or other restrictions and conditions respecting the
placement of Solar Energy Facilities and other equipment ancillary to Operations on parcels adjacent to or
in the vicinity of the Property or (ii) grant, confirm, acknowledge, recognize or acquiesce in any right claimed
by any other person to conduct Operations on the Property whether arising in judicial proceedings or
otherwise and Lessor agrees to give Lessee notice of any such claims or proceeding with respect to such
claims and to cooperate with Lessee in resisting and disputing such claims.
5.4 Security; Lessor's Access. Lessee shall provide an access security gate, a black vinyl coated
perimeter security fence, or some other mutually agreed upon type of perimeter security fence, and all
additional security measures reasonably necessary, in Lessee's opinion, including, if reasonably necessary,
warning signs, closed and locked gates, fencing and other measures appropriate and reasonable to protect
against damage or destruction of Lessee's Solar Energy Facilities and other Improvements or injury or
damage to persons or property on the Property. Lessor or Lessor's agents, representatives, or employees
shall have the right whenever necessary and without notice to enter upon the Property for the purpose of
repairing, maintaining or replacing Lessor's infrastructure located on the Property and repairing, maintaining
or replacing the Parent Property adjacent to or abutting the Property.
5.5 Damages to Property. During the Term, Lessee agrees to repair any physical damage to Lessor's
tangible property located on the Property or Parent Property to the extent such damage is directly caused
by Lessee's construction, installation, operations, maintenance or removal of the Solar Energy System.
Lessor shall promptly notify Lessee in writing of any damage that Lessor claims is Lessee's responsibility
under this Lease, and provide Lessee with reasonable evidence of the cause and extent of such damage.
Upon receipt of such notice, Lessee shall promptly investigate and make the repair to the extent Lessee is
responsible under this Lease. For any repairs required to be made by Lessee under this Lease, Lessee
shall repair such damaged property to substantially the same condition of the property existing immediately
before being damaged. If such repair is not possible, as reasonably determined by Lessor, Lessee will
replace the damaged property.
5.6 Construction Related Access. Lessee shall have the right, after consultation with and approval in
writing by the Lessor, to utilize the Parent Property for temporary storage or staging and to temporarily
restrict public access to certain areas of the Parent Property during the construction, reconstruction,
erection, installation, improvement, replacement, relocation and removal of the Solar Energy System from
time to time. Nothing contained within this section shall restrict Lessor's access or general use of the Parent
Property. The initial temporary construction easement areas and the temporary path closure delineation
shown on the attached Exhibit D are approved by Lessor subject to the execution of a temporary
construction easement agreement which will be substantially similar to Exhibit E.
5.7 Electric Line Easement. Lessee will use its best efforts to obtain the necessary permits from the
Iowa Department of Transportation to cross the interstate with electric and communication lines and
connect to the overhead line along the south side of Interstate 80. In the event that such a connection is
not viable, Lessor agrees to grant Lessee an underground electric line easement, on terms and conditions
agreeable to both Parties, across the Parent Property for the installation, maintenance and use of
underground electric and communication lines.
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5.8 Ground Cover. Prior to the Operations Date, Lessee shall provide Lessor for its approval, which
approval shall not be unreasonably be withheld, a vegetation management plan which will include a plan
for the establishment and ongoing maintenance of low growth perennial vegetation within the Property
where no above ground improvements are located. Once installed, the ground cover shall be maintained
in good condition and appearance and in accordance with the vegetation maintenance program approved
by the Lessor.
5.9 Rest and Educational Area. Lessee shall construct a rest and educational area on the Parent
Property in the location shown on Exhibit F attached hereto or at another location approved by Lessor. The
design and function must be approved in writing by Lessor. After construction by Lessee and acceptance
by Lessor in writing the rest and educational area shall be owned, maintained and controlled by Lessor.
5.10 Signage. All proposed signs, including those on the 1-80 right-of-way must be approved by the
Lessor. Lessee will secure the approval of the Iowa Department of Transportation (IDOT) for any signage
which requires IDOT's approval.
5.11 Lighting. All lighting shall be directed away from adjacent properties and shall be positioned to
eliminate glare on streets and highways. No neon lights, intermittent or flashing lights shall be allowed. Only
shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas. All
lighting must be approved by Lessor prior to installation.
5.12 Restrictions
(a) Prohibited Uses. No use of the Property shall be permitted which is offensive by reason
of odor, fumes, dust, smoke, noise, or other pollution, nor shall any use be permitted which is
hazardous by reason of excessive danger of fire or explosion, which may be injurious to any
property or persons on or about the Parent Property or that is in violation of the applicable laws or
regulations of any governmental authority. Lessor agrees that construction -related odors, fumes,
dust, smoke, or noise shall not be deemed offensive. For purposes of these restrictions, any odor
which is noticeable at the perimeter of the Property and any dust, smoke or other airborne pollutants
visible shall be considered offensive. Any noise shall be considered offensive if audible above 60
decibels (d.b.a.) at the perimeter of the Property.
(b) Wellhead Protection. Lessee's use of the Property and any use of the Parent Property
during construction shall comply with all drinking water wellhead protections required by law,
including those set forth in Iowa Administrative Code 567, Chapter 43, as now existing or
hereafter amended. Lessor acknowledges and agrees that transformers are considered above
ground chemical storage within the meaning of said section of the Iowa Administrative Code and
must be sited more than 200 feet from the nearest wellhead and use 100% food grade non -PCB
oil. Lessee shall use no herbicides. Lessor shall submit a chemical cleanup protocol to the City on
or before the Operations Date. Lessor reserves the right to develop raw water resources to the
extent doing so would not diminish Lessee's rights under this Lease.
(c) Setbacks. Lessee shall not place any Solar Energy Facilities within ten (10) feet of the
existing 10 -inch diameter water main on the Property or within ten (10) feet of the bike path.
5.11 Hazardous Materials. No Hazardous Materials of any kind shall be stored on or disposed of on the
Property. As used herein, Hazardous Materials shall mean:
(a) Any "hazardous waste" as defined by the Resource Conservation and Recovery Act of
1976, as amended from time to time, and rules or regulations promulgated thereunder;
(b) Any "hazardous substance" as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended from time to time, and rules or regulations
promulgated thereunder;
Waterworks Solar — Iowa City
M Any oil, petroleum products, and their byproducts; and
(d) Any substance which is regulated by any federal, state, or local governmental authority or
that is the subject of any law, rule or regulation.
5.12 Nuisances. No act constituting a nuisance as defined under the provision of Chapter 657, Code
of Iowa, the City Code of the City of Iowa City or the common law of Iowa, shall be permitted.
5.13 Construction Site Standards. Construction and the conduct thereof shall comply with all
governmental requirements as to health and safety and shall meet the standards set forth herein and as
set forth by City ordinance. Such standards shall cover, but not be limited to, the restrictions contained
herein and additional regulations concerning erosion control, parking for construction workers, office trailers
on the lot, material storage, location of telephones and vending machines, security design, location and
disposal of sewage during construction, cleaning and policing of the construction site and protection of
streets, street right of ways and property adjoining the building site. Said requirements may vary depending
on size, location and topography of a lot. During the course of construction, Lessee, its agents, and
contractors shall keep mud, dirt, debris and building materials off of all City roads and other lots. No
temporary building, job trailers or the like shall be permitted on the lot except those incident to construction..
When the construction of a project is once begun, work thereon shall be prosecuted diligently and
continuously until full completion.
5.14 Parking. Parking is not permitted on the Property except when associated with the Operations of
the Solar Energy System.
5.15 Surrender of Property. Upon the expiration or earlier termination of this Agreement, Lessee shall
peaceably and quietly leave, surrender and return the Property to Lessor. Lessee agrees and hereby
covenants to dismantle and remove all physical material related to the Solar Energy System owned or
installed by Lessee or its affiliates on the Property to a depth of forty-eight (48) inches below the surface of
the ground and shall be covered with soil, within one hundred eighty (180) days after the date of such
expiration or earlier termination of this Agreement; and Lessee shall have a continuing easement to enter
the Property for such purposes during such one hundred eighty (180) day period. In addition to any other
remedies available to Lessor, should Lessee fail to remove such Solar Energy System within such one
hundred eighty (180) day period, any and all Solar Energy System facilities remaining on the Property
beyond such one eighty (180) day removal period shall be deemed abandoned to Lessor and Lessee
hereby agrees to relinquish any and all rights to the same and free and clear of any liens of mortgages,
deeds of trust, liens of mechanics, laborers or materialmen, and all other liens and encumbrances other
than any such liens and encumbrances incurred by Lessor. No such relinquishment shall cause Lessee to
be released from its obligation to pay for the costs of removal of such property as provided in this Section
5.15.
5.16 Maintenance. Lessee shall, throughout the Term, at its sole cost and expense, maintain the
Property and all buildings and improvements at any time erected thereon, any unimproved portion of the
Property and all Personal Property installed therein, in good repair and in a safe, clean, sightly and sanitary
condition. In the event that Lessee, in Lessor's reasonable judgment, fails to comply with its repair and
maintenance obligations under this Section 6.04, and such failure shall continue and not be cured for a
period of thirty (30) days after written notice by Lessor to Lessee, Lessor may, but shall not be obligated to
perform all repairs and maintenance which in Lessor's reasonable judgment is required to bring the
Property, Lessee's Improvements and Personal Property into compliance with the repair and maintenance
standards of this Section 5.16.
5.17 Compliance with Legal Requirements. Lessee shall, throughout the Term, at its sole cost and
expense, promptly comply with all applicable laws, ordinances and regulations of governmental entities
having jurisdiction over the Property (including, but not limited to all local zoning use restrictions and
requirements), and all policies of insurance applicable to the Property (collectively, "Legal Requirements").
Lessee shall not conduct or permit any person to conduct any unlawful activity on the Property or any use
or activity in violation of (a) any Legal Requirements, including but not limited to zoning or other land use
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laws or ordinances, or (b) any private restrictive covenants applicable to the Real Estate. Furthermore,
Lessee shall not cause or allow any activity which causes air, water, soil or noise pollution, which would
violate any Legal Requirements or which would otherwise constitute a nuisance or reasonably objectionable
intrusion into or interference with the use of any surrounding property.
5.18 Non -Discrimination. Lessee covenants, in consideration of the right to lease property at
Waterworks Prairie Park, that Lessee, its employees, and agents shall not discriminate against any person
in employment or public accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment.
"Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges
and advantages to the public.
6. Lessor's Representations and Warranties.
6.1 Authority and Execution. Each person executing this Lease on behalf of Lessor represents and
warrants that such person is duly and validly authorized to do so and that Lessor has the full right and
authority to enter into this Lease, perform all of its obligations hereunder and grant the interests herein
granted.
6.2 Covenants of Title. Without limiting the obligations set forth in Section 7, Lessor represents and
warrants to Lessee that it owns the Property in fee simple, subject to no liens or encumbrances. Lessor
and Lessee shall record, at Lessee's option, a memorandum of this Lease in the form attached hereto as
Exhibit C in the real estate records of the County.
6.4 Certification That Lessor Not Acting For Terrorist Group. Lessor certifies that it is not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order
or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked
Person," or any other banned or blocked person, entity, nation or transaction pursuant to any law, order,
rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and Lesser is
not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation.
Lesser hereby agrees to defend, indemnify and hold harmless Lessee from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney fees and costs) arising from or related
to any breach of the foregoing certification.
7. Further Assurances; Cooperation. Lessor shall, as it determines reasonable, fully support and cooperate
with Lessee in the conduct of its Operations and the exercise of its rights under this Lease. Within thirty
(30) days after receipt of a written request made from time to time by Lessee, Lessor shall: (i) enter into
any reasonable amendment hereto to correct an error in this Lease or to amend the legal description
attached hereto, including replacing said legal description with a revised description prepared or provided
by Lessee's surveyor or title company; (ii) execute and deliver to Lessee any owner's affidavit reasonably
requested by any title company or attorney reviewing title to the Property; (iii) enter into any reasonable
consent and subordination and non -disturbance agreement with any Lender, as defined in Section 14.1,
stating that Lessor shall recognize the rights of the Lender and not disturb its possession of the Property
so long as it is not in default under this Lease, and stating such other things as such Lender may reasonably
request; and (iv) if because of the nature of this Lease Lessee is unable to qualify for any tax credit or
similar benefit associated with the Solar Energy System or in connection with its Operations, amend this
Lease to assure that Lessee will receive such credits and benefits (but only if such amendment does not
materially adversely affect Lessor's reasonable out-of-pocket expenses incurred by Lessor in connection
with Lessor's cooperation pursuant to the provisions of this Section).
8. Requirements of Governmental Agencies. Lessee shall comply in all material respects with all valid laws
applicable to the Solar Energy System, but shall have the right, in its sole discretion and at its sole expense,
to contest the validity or applicability of any law, ordinance, order, rule or regulation of any governmental
agency or entity. Lessor shall cooperate with Lessee in such contest as Lessor determines reasonable.
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9. Liens. Lessor and Lessee shall keep the other's interest in the Property free and clear of all liens and
claims of liens for labor and services performed on, and materials, supplies and equipment furnished in
connection with Lessor's or Lessee's (as applicable) use of the Property, subject to Lessor's and Lessee's
(as applicable) right to contest such liens and claims. If Lessor or Lessee (as applicable) wishes to contest
any such liens or claims, such Party shall, within sixty (60) days after it receives notice thereof, provide a
bond or other security as the other Party may reasonably request, or remove any such liens from the
Property pursuant to applicable law.
10. Indemnity. To the extent not expressly prohibited by law, Lessee agrees to indemnify, save, protect and
hold forever harmless, Lessor, its agents, employees and officials (collectively "Lessor's Indemnities"), from
and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and
reasonable attorney's fees and expenses, which Lessor's Indemnitees, or any of them, may become liable
or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and
damage to, or theft, misappropriation or loss of property occurring in or about the Property or the Property
arising from Lessee's use and occupancy of the Property and/or the conduct of its business; (b) any activity,
work or thing done, permitted or suffered by Lessee in or about the Property, including all liabilities of every
kind or description which may arise out of or in connection therewith; and (c) any breach or default on the
part of Lessee in the payment or performance of any covenant, agreement or obligation on the part of
Lessee to be paid or performed pursuant to the terms of this Lease or any other act or omission of Lessee,
its agents or employees. In case of any action or proceeding brought against Lessor's Indemnitees, or any
of them, by reason of any such claims, Lessee covenants to defend such action or proceeding by counsel
reasonably satisfactory to Lessor and/or any particular Lessor's Indemnitee. To the extent not expressly
prohibited by law, Lessor agrees to indemnify, save, protect and hold forever harmless Lessee, its partners,
agents and employees (collectively "Lessee's Indemnities"), from and against all losses, damages, costs,
claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses,
which Lessee's Indemnitees, or any of them, may become liable or obligated by reason of, resulting from
or in connection with: (a) any injury or death of persons and damage to, or theft, misappropriation, or loss
of property arising from Lessor's infrastructure located on the Property or lessor's repair, maintenance or
replacement or said infrastructure or the Parent Property. (b) any breach or default on the part of Lessor in
the performance of any covenant, agreement or obligation on the part of Lessor to be performed pursuant
to the terms of this Lease or any other act or omission of Lessee, its agents or employees. In case of any
action or proceeding brought against Lessor's Indemnitees, or any of them, by reason of any such claims,
Lessor covenants to defend such action or proceeding by counsel reasonably satisfactory to Lessor and/or
any particular Lessee's Indemnitee.
11. Environmental Conditions
11.1 Definitions. As used in this Lease, the phrase "Environmental Condition" shall mean: (a) any
adverse condition relating to surface water, ground water, drinking water supply, land, surface or
subsurface, strata or the ambient air, and includes, without limitation, air, land and water pollutants, noise,
vibration, light and odors, or (b) any condition which may result in a claim of liability under the
Comprehensive Environmental Response Compensation and Liability Act, as amended, or the Resource
Conversation and Recovery Act, or any claim of violation of the Clean Air Act, the Clean Water Act, the
Toxic Substance Control Act, or any claim of liability or of violation under any federal statute hereafter
enacted dealing with the protection of the environment, or under any rule, regulation, permit or plan under
any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the state in which
the Property are located, or any political subdivision thereof, relating to such matters (collectively
"Environmental Laws").
11.2 Compliance by Lessee. Lessee shall, at all times during the Term, comply with all Environmental
Laws applicable to the Property and shall not, in the use and occupancy of the Property, cause or contribute
to, or permit or suffer any other party to cause or contribute to any Environmental Condition.
11.3 Lessee's Indemnity. Lessee will protect, indemnify and save harmless the Lessor, the partners of
the Lessor, and all of the foregoing's respective partners, agents and employees (collectively "Lessor's
Indemnitees"), from and against all liabilities, obligations, claims, damages, penalties, causes of action,
Waterworks Solar — Iowa City
costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) of whatever
kind or nature, contingent or otherwise, known or unknown, incurred or imposed, based upon any
Environmental Laws or resulting from any Environmental Condition occurring or contributed to during the
term of this Lease. In case any action, suit or proceeding is brought against any of the parties indemnified
herein by reason of any occurrence described in this Section 15.03, Lessee will, at Lessee's expense, by
counsel reasonably approved by Lessor, resist and defend such action, suit or proceeding, or cause the
same to be resisted and defended.
12. Lessee's Insurance. At all times during which Lessee is conducting any activities on the Property, and at
all times during the Term of this Lease, Lessee shall, at its own cost and expense, obtain and maintain in
effect (1) Commercial General Liability insurance, including bodily injury and property damage coverage
with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate and (2) Umbrella Liability Insurance with minimum limits of Five Million Dollars
($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate; (3) Automobile Liability
Insurance (bodily injury and property damage) One Million Dollars ($1,000,000) combined single limit; (4)
worker's compensation insurance as required by Chapter 85, Code of Iowa. In the event Lessee is a
regulated utility, any or all insurance required of Lessee by this provision may be provided by self-insurance
or through a program of self-insurance Lessee shall name the Lessor and the City of Iowa City as additional
insureds. Lessee shall deliver to the Lessor, within thirty (30) days of execution of this lease agreement,
Certificates of Insurance, naming the Lessor and the City of Iowa City, Iowa as additional insureds. Lessee
shall provide thirty (30) days' notice to the Lessor before cancellation of said insurance. Subrogation rights
are not to be waived unless a special provision is attached to this lease.
13. Successors and Assigns. This Lease shall inure to the benefit of, and be binding upon, Lessor and
Lessee, and their respective heirs, successors and assigns. Lessor may sell, mortgage, transfer or lease
the Property to others. However, any such sale, mortgage, lease or transfer by Lessor shall be subject to
this Lease and any modifications or amendments thereof granted to Lessee prior to or after such sale,
mortgage, lease or transfer. Further, any transfer of any portion of the surface rights of the Property shall
automatically transfer with it the right to receive payments under this Lease in direct proportion to the
fraction of the surface rights to the Property that have been transferred, said proportional payments being
without regard to the presence or lack of Solar facilities on the transferred parcel of the Property. Lessee
may not sell, transfer, assign or sublet all or any portion of its interests under this Lease, and may not ell,
assign, lease or transfer any improvements (including Improvements and Transmission Facilities) that it
may install on the Property, without obtaining the consent of Lessor. Any assignment or sublease made by
Lessee without Lessor's consent in violation of this Section 13 shall be voidable at Lessor's option and shall
constitute an Event of Default. Lessor's consent to any one assignment or sublease shall not be deemed a
waiver of this Section 13 with respect to any subsequent assignment or sublease nor consent to any
subsequent assignment or sublease. Absent the Lessor's agreement to the contrary, following assignment,
whether with or without the Lessors' consent, Lessee will remain liable for all Lease obligations.
14. Leasehold Financing.
14.1 Right to Encumber. Lessee, any successor or assignee of Lessee, or any holder of a sublease or
license (each hereinafter sometimes referred to as an "Obligor") may, with Lessor's written consent, which
shall not be unreasonably withheld, mortgage, pledge, or encumber to any entity (herein, a "Lender") all or
any portion of the Obligor's rights and interests under this Lease or such sublease or license.. For purposes
of this Lease, each entity which now or hereafter is the recipient or beneficiary of any such mortgage,
pledge, or encumbrance and whose lien or encumbrance is now or hereafter recorded in the official records
of the County in which the Property is located, shall be referred to in this Lease as a "Lender".
14.2 Covenants for Lenders' Benefit. Lessee and Lessor expressly agree between themselves and for
the benefit of any Lenders, that if an Obligor mortgages, pledges, or encumbers any of its rights and
interests as provided in Section 14.1 above, then notwithstanding any other provision of this Lease to the
contrary:
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(a) Lessor and Lessee will not terminate, suspend, amend or modify, or take any action
causing, consenting to, acquiescing in, or accepting the termination, suspension, amendment or
modification of this Lease, if such amendment or modification would reduce the rights or remedies
of any Lender hereunder or impair or reduce the security for any lien held by such Lender, without
such Lender's consent.
(b) Each Lender shall have the right, at its discretion, to take, or cause to be taken, any action
required to be performed under this Lease by the Obligor that is party to such Lender's mortgage,
pledge or encumbrance, and any such action performed by such Lender shall be as effective to
prevent or cure a default under this Lease and/or a forfeiture of any of such Obligor's rights under
this Lease as if done by such Obligor itself.
(c) The right of a Lender to receive notices and to cure Obligor's defaults pursuant to the
provisions of this Section 14.2 shall be available only to those Lenders which shall have notified
Lessor in writing of their name and address, regardless of whether the specific provision in question
expressly so states. No default which requires the giving of notice to Obligor shall be effective
unless a like notice is given to all Lenders. If Lessor shall become entitled to terminate this Lease
due to an uncured default by Obligor, Lessor will not terminate this Lease unless it has first given
written notice of such uncured default and of its intent to terminate this Lease to each Lender and
has given each Lender at least thirty (30) days after the expiration of the cure period which this
Lease provides to Obligor for curing such default, to cure the default to prevent such termination of
this Lease. Furthermore, if within such thirty (30) day period a Lender notifies Lessor that it must
foreclose on Obligor's interest or otherwise take possession of Obligor's interest under this Lease
in order to cure the default, Lessor shall not terminate this Lease and shall permit such Lender a
sufficient period of time as may be necessary for such Lender and agreeable to Lessor, with the
exercise of due diligence, to foreclose or acquire Obligor's interest under this Lease and to perform
or cause to be performed all of the covenants and agreements to be performed and observed by
Obligor. In the event a Lender shall elect to exercise its rights hereunder, such Lender shall have
no personal liability to Lessor and the sole recourse of the Lessor in seeking enforcement of its
obligations under this Lease or any new lease entered into pursuant to Section 14.2(d) below shall
be to such Lender's interest in this Lease and the Property. Upon the sale or other transfer by any
Lender of its interest in the Lease or Property, such Lender shall have no further duties or
obligations hereunder.
(d) In case of the termination or rejection of this Lease as a result of any default hereunder or
the bankruptcy, insolvency or appointment of a receiver in bankruptcy, Lessor shall provide prompt
notice thereof to the Lenders. Upon written request of the Lender that is the beneficiary of the first
priority security interest in the Lessee's interest under this Lease, made within forty (40) days after
notice to such Lender of such rejection or termination, Lessor shall enter into a new lease
agreement with such Lender, or its designee or assignee, within twenty (20) days after the receipt
of such request. Such new lease agreement shall be effective as of the date of the termination or
rejection of this Lease, upon the same terms, covenants, conditions and agreements as contained
in this Lease for the remaining term of the original Lease before giving effect to such termination or
rejection. Lessor shall have no rights to terminate such new lease based upon defaults occurring
prior to the execution of the new lease. Lessor hereby agrees with and for the benefit of the Lenders
that the provisions of this Subsection shall survive termination, rejection or disaffirmation of the
Lease, whether by default or as a result of the bankruptcy, insolvency or appointment of a receiver
in bankruptcy and shall continue in full force and effect thereafter to the same extent as if this
Subsection were a separate and independent instrument. It is the intent of the Parties hereto that
any such new lease shall have the same priority as this Lease.
(e) There shall be no merger of this Lease, or of the leasehold estate created by this Lease,
with the fee estate in the Property by reason of the fact that this Lease or the leasehold estate or
any interest therein may be held, directly or indirectly, by or for the account of any person or persons
who shall own the fee estate or any interest therein, and no such merger shall occur unless and
until all persons at the time having an interest in the fee estate in the Property and all persons
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Waterworks Solar — Iowa City
(including the Lenders)having an interest in the Lease or in the estate of Lessor and Lessee shall
join in a written instrument effecting such merger and shall duly record the same.
(f) Lessor shall, at Lessee's or a Lender's request, provide to Lessee and such Lender (i)
confirmation that such Lender is a "Lender" for purposes of this Lease, (ii) a consent and estoppels
acknowledging the Lender's mortgage or other lien or encumbrance, confirming the continuing
effectiveness of this Lease, identifying any modifications hereto and any breaches or defaults
hereunder, and containing such other information and agreements as Lessee or such Lender may
reasonable request, and (iii) such other certificates or affidavits as Lessee, such Lender or any title
company selected by either Lessee or such Lender may reasonably request. Lessor shall duly
execute and return same to Lessee and/or Lender within ten (10) days of Lessee's or Lender's
request therefor. Should Lessor fail to timely execute and deliver the consent and estoppel, then
Lessee and/or Lender may rely on the contents thereof and the consent and estoppel shall be
conclusively binding upon Lessor.
15. Taxes. Lessee shall pay any personal property taxes on Improvements and(or) for any such taxes that are
directly attributable to Solar Energy System, and Lessor shall pay all real property taxes and assessments
levied against the Property. Notwithstanding the foregoing, Lessee shall pay any increase in real property
taxes for the Property attributable to the value of Improvements on the Property owned by, or under the
control of Lessee, which Improvements may include the Solar Energy System and any other equipment
owned by Lessee and located on the Property; provided that such increase in the real property taxes
attributable to Lessee's Improvements are assessed for the period from and after the Effective Date until
the end of the Term and only to the extent such increase is caused solely by the Operations. The foregoing
obligation shall not include any recaptured taxes attributable to any period prior to the Effective Date or any
interest or penalties thereon or to any increases in taxes due to reassessment upon a transfer of the fee
interest in the Property by Lessor, and Lessee shall have the right, at its own expense, to appeal or contest
any such increases and to compromise and settle the same and Lessor shall execute such petitions and
agreements and otherwise cooperate with Lessee to the extent reasonably necessary in connection
therewith.
16. Cure Rights. In the event that Lessor is no longer a government entity and Lessor fails to pay the taxes or
any other monetary obligations for which it is responsible hereunder, or otherwise defaults under this Lease,
then, in addition to its other rights and remedies, Lessee shall have the right to pay such taxes and other
obligations, and/or remedy any such default, by any appropriate means; and the cost thereof shall be
reimbursed to Lessee by Lessor within thirty (30) days. Lessee may offset such cost against any amounts
owed to Lessor under this Lease.
17. Tax Credits. If under applicable law Lessee is ineligible for any tax credit, benefit or incentive for alternative
energy expenditure established by any local, state or federal government, then, at Lessee's option, Lessor
and Lessee shall amend this Lease or replace it with a different instrument so as to convert Lessee's interest
in the Property to a substantially similar interest that makes Lessee eligible for such tax credit, benefit or
incentive.
18. Default.
18.1 Events of Default. The following shall constitute "Events of Default":
(a) Monetary: Lessee shall fail to pay Rent at the time required or any other monetary
obligation or payment required under this Lease when due, and such failure shall continue for a
period of fifteen (15) days following written notice from Lessor to Lessee; or
(b) Non-performance: Lessee shall fail to observe or perform any of the other covenants, terms
or conditions contained in the Lease, or a warranty made by Lessee shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after
written notice by Lessor to Lessee, provided that if the default is not reasonably susceptible of being
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Waterworks Solar — Iowa City
cured within thirty (30) days, an Event of Default shall occur only if the Lessee fails to promptly
commence such cure or fails thereafter to diligently pursue such efforts to completion; or
(c) Bankruptcy/Receivership: If (i) Lessee files a petition in bankruptcy or for reorganization or
for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for
the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become
due, or if a petition or answer proposing the adjudication of Lessee as a bankrupt or a
reorganization of Lessee under any present or future federal or state bankruptcy law or any similar
federal or state law is filed in any court and such petition or answer is not discharged or denied
within thirty (30) days after the filing thereof; or (ii) A receiver , trustee or liquidator of Lessee of all
or substantially all of the assets of Lessee or of the Property or any portion thereof is appointed in
any proceeding brought by or against Lessee and is not discharged within thirty (30) days after
such appointment or if Lessee consents to or acquiesces in such appointment.
18.2 Lessor's Rights upon an Event of Default. Upon the occurrence of an Event of Default by Lessee,
or at any time thereafter during the continuance of such Event of Default, Lessor may take any of the
following actions and shall have the following rights against Lessee:
(a) Termination: Lessor may elect to terminate the Lease by giving no less than thirty (30)
days' prior written notice thereof to Lessee, and upon the passage of time specified in such notice,
this Lease and all rights of Lessee hereunder shall terminate as fully and completely and with the
same effect as if such date were the date herein fixed for expiration of the Term and Lessee shall
remain liable as provided in Section 13.02(c).
(b) Eviction: Lessor shall have the immediate right upon Termination of this Lease to bring an
action for forcible entry and detainer.
(c) Lessee to Remain Liable: No termination of this Lease pursuant to Section 13.02(a), by
operation of law or otherwise, and no repossession of the Property or any part thereof pursuant to
Section 15.02(b) or otherwise shall relieve Lessee of its liabilities and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
(d) Damages: In the event of any termination of this Lease or eviction from or repossession of
the Property or any part thereof by reason of the occurrence of an Event of Default, Lessee shall
pay to Lessor the Rent and other sums and charges required to be paid by Lessee for the period
to and including the end of the Term or the Rent for the following three years, whichever is less.
(e) Rights Cumulative, Non -Waiver. No right or remedy herein conferred upon or reserved to
Lessor or Lessee is intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given hereunder or
now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided
in this Lease, Lessor shall be entitled, to the extent permitted by applicable law, to injunctive relief
in case of the violation, or attempted or threatened violation, of any of the covenants, agreements,
conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to
any other remedy allowed to Lessor at law or in equity.
(f) Lessor's Right to Cure. If Lessee fails to pay any utilities charges described in Article IV,
insurance premiums described in Article VIII, the cost of any of the repairs or maintenance required
to be made by Lessee pursuant to the Lease or any other charges, costs or expenses required to
be paid under the Lease, Lessor shall have the right, but not the obligation, to make all such
payments, and in addition to its other remedies under this Article XIII, Lessor shall have the option
of requiring Lessee to repay to Lessor the amount of such payments (which shall be deemed
additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the
"Default Rate"). However, in no event shall the Default Rate be higher than the usury rate
established by the State of Iowa.
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Waterworks Solar — Iowa City
(h) Lessor's Lien. Lessor shall have a lien against Lessee's leasehold estate, Lessee's
Improvements and all property of Lessee located at the Property, to secure any obligations of
Lessee to Lessor arising pursuant to the provisions of this Lease.
18.3 No Implied Waiver. The failure of Lessor to insist upon strict performance of any of the covenants
or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall
not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but
the same shall be and remain in full force and effect. The receipt by Lessor of any Rent or any other sum
payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall
not be deemed a waiver of such breach.
19. Termination by Lessee. Lessee may elect to terminate this Lease, for any reason or no reason, for all or
part of the Property by delivering nine (9) months' advance written notice to Lessor at any time and for any
reason. The portion of the Property remaining after any partial termination of this Lease shall thereafter be
the "Property" for purposes of this Lease and all payment amounts based on acreage shall be adjusted
accordingly." for purposes of this Lease and all payment amounts based on acreage shall be adjusted
accordingly. In the event Lessee terminates this lease within the first fifteen years of the Term, Lessee shall
pay to Lessor the Rent and other sums and charges required to be paid by Lessee for the three (3) years
following the termination.
20. Easements. This Lease and the rights granted to Lessee hereunder are expressly made subject and
subordinate to any and all existing easements on the Property, and Lessee shall not in any way act to alter,
obstruct, disturb or otherwise impair any of said easements nor grant additional easements on or affecting
the Property during the term of this Lease without Lessor's prior written consent.
21. Abandonment. Lessee shall not vacate or abandon the Property at any time during the Term of this Lease;
for purposes of this section, abandonment shall be determined if Lessee fails to generate electricity from
the Solar Energy System during a twelve-month period and is not actively repairing, reconstructing or
repowering the Solar Energy System. If Lessee shall vacate or abandon the Property, the right of
possession shall, at the option of Lessor, revert to Lessor and Lessee shall lose all right to possession of
the Property and Lessee's Improvements; however, Lessee shall otherwise remain liable on this Lease.
Lessor shall then, without further notice, have the remedies provided for in Article XIII herein.
22. Notices. All notices to a Party pursuant to this Lease must be in writing and shall be sent only by United
States Mail (first-class, certified, return -receipt requested); personal delivery; or an overnight courier service
which keeps records of deliveries. For purposes of giving notice hereunder, the addresses of the Parties
are as set forth in Section 1 above. A Party may change its address and/or fax number at any time by giving
written notice of such change to the other Party in the manner provided herein. Notices sent by certified
mail shall be deemed given on the date of delivery or attempted delivery as shown on the return -receipt.
Notices sent by personal delivery or courier service shall be deemed given on the date of delivery or refusal
to accept delivery.
23. Interpretation. Each Party has reviewed this Lease and has been given an opportunity to obtain the
assistance of counsel, and any rule of construction holding that ambiguities are to be resolved against the
drafting Party shall not apply in the interpretation of this Lease. The captions of this Lease are for
convenience and reference only, and shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Lease. A waiver of a breach of any of the
provisions of this Lease shall not be deemed to be a waiver of any succeeding breach of the same or any
other provision of this Lease. Any determination of invalidity or unenforceability of any particular clause or
provision of this Lease shall not affect the validity or enforceability of the remainder of this Lease.
24. Force Majeure. If performance of this Lease or of any obligation hereunder is prevented or substantially
restricted or interfered with by reason of an event of Force Majeure (defined below), the affected Party,
upon giving notice to the other Party, shall be excused from such performance to the extent of and for the
duration of such prevention, restriction or interference. The affected Party shall use its reasonable efforts
to avoid or remove such causes of nonperformance and shall continue performance as soon as such
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Waterworks Solar — Iowa City
causes are removed. "Force Majeure" means: fire, earthquake, flood, tornado or other acts of God and
natural disasters; strikes or labor disputes; war, civil strife or other violence; any law, order, proclamation,
regulation, ordinance, action, demand or requirement of any government agency, or any other act or
condition beyond the reasonable control of a Party.
25. Condemnation. Should title or possession of all of the Property be taken in condemnation proceedings by
a government agency, governmental body or private party under the exercise of the right of eminent
domain, or should a partial taking render the remaining portion of the Property wholly unsuitable for
Lessee's use, then this Lease shall terminate upon such vesting of title or taking of possession. All
payments made on account of any taking by eminent domain shall be made to Lessor, except that Lessee,
at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including
but not limited to: (i) the removal and relocation Lessee's business, (iii) for the loss of goodwill, (iv) lost
profits, (v) the loss and/or damage to any property that Lessee elects or is required not to remove, and (vi)
for the loss of use of the Property by Lessee and Lessor shall have no right, title or interest in or to any
separate award made therefore. It is agreed that Lessee shall have the right to participate in any settlement
proceedings and that Lessor shall not enter into any binding settlement agreement without the prior written
consent of Lessee, which consent shall not be unreasonably withheld.
26. No Partnership. Nothing contained in this Lease shall be deemed or construed by the Parties or by any
third person to create the relationship of principal and agent, partnership, joint venture, co -Lessees or any
other association between Lessor and Lessee, other than the relationship of Lessor and Lessee.
27. Brokerage Commissions. Lessor and Lessee warrant and represent to each other that there are no
brokers' commissions, finders' fees or any other charges due to any broker, agent or other party in
connection with the negotiation or execution of this Lease, or on behalf of either of them. Lessor and Lessee
agree to defend, indemnify and hold each other harmless against all claims, liabilities, losses, damages,
costs and expenses (including reasonable attorneys' fees and other costs of defense) arising out of a
breach of these representations.
28. Governing Law and Jury Waiver. This Lease shall be governed and construed in accordance with the
laws of the State of Iowa. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION
DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT.
EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY
TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED.
29. Entire Agreement. This Lease and the attached exhibits constitute the entire agreement between the
Parties and shall supersede all other agreements, whether written or oral, respecting the subject matter of
this Lease. No addition or modification of any term or provision of this Lease shall be effective unless set
forth in writing and signed by an authorized representative of the Parties.
30. Severability. In the event any provisions of this Lease is held to be unenforceable by a court of competent
jurisdiction, then such provision shall be deemed to be severed from the Lease and the remainder of the
Lease will be deemed to continue in full force and effect.
31. Waiver. Lessor acknowledges and agrees that Lessor will at no time have any ownership interest in or to
all or any portion of the Improvements, the Project or the Facilities; and Lessor hereby waives and releases
any and all lien rights arising hereunder or under applicable law or in equity with respect to the Project, the
Improvements and the Facilities except those lien rights arising due to Lessee's failure to pay the Annual
Rent in accordance with Section 4.
32. Covenants to Run with the Land. All the covenants, agreements, conditions and undertakings contained
in this Lease shall extend and inure to and be binding upon the successors and permitted grantees and
assigns of the respective parties hereto the same as if they were in every case named and shall be
construed as covenants running with the land and wherever in this Lease reference is made to either of the
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Waterworks Solar — Iowa City
parties hereto, it shall be held to include and apply to, wherever and whenever applicable, the successors
and permitted grantees and assigns of such party the same as if in each and every case so expressed.
33. Execution in Counterparts. This Lease may be executed in counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same contract.
[Signature Page Follows]
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Waterworks Solar — Iowa City
IN WITNESS WHEREOF, the Parties have executed this Solar Land Lease (Waterworks Solar Project) as of the
Effective Date.
"LESSOR"
City of Iowa City
By:
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
"LESSEE"
MIDAMERICAN ENERGY COMPANY
By:
Name: Adam Jablonski
Title: Director, Renewable Energy
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Waterworks Solar — Iowa City
Fxhihit A
DESCRIPTION OF THE PROPERTY
A PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST
OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH
89° 20' 05" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 80, A
DISTANCE OF 694.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
89° 20'09" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 971.01 FEET;
THENCE NORTHEAST ALONG A CURVE CONCAVE SOUTHEAST WHOSE RADIUS IS 148.00
FEET, WHOSE ARC LENGTH IS 91.12 FEET AND WHOSE CHORD BEARS NORTH 41' 55,48"
EAST, 89.69 FEET; THENCE NORTH 59° 34'04" EAST, 145.75 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 137.00 FEET, WHOSE ARC
LENGTH IS 137.50 FEET AND WHOSE CHORD BEARS NORTH 30'48'54" EAST, 131.80 FEET;
THENCE NORTH 02° 03' 45" EAST, 159.48 FEET; THENCE NORTH ALONG A CURVE
CONCAVE EAST WHOSE RADIUS IS 343.00 FEET, WHOSE ARC LENGTH IS 214.57 FEET
AND WHOSE CHORD BEARS NORTH 19° 59'02" EAST, 211.09 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 362.00 FEET, WHOSE ARC
LENGTH IS 432.45 FEET AND WHOSE CHORD BEARS NORTH 03'40'56" EAST, 407.19 FEET;
THENCE NORTH 61' 27'07" EAST, 511.78 FEET; THENCE NORTHEAST ALONG A CURVE
CONCAVE SOUTHEAST WHOSE RADIUS IS 458.00 FEET, WHOSE ARC LENGTH IS 220.51
FEET AND WHOSE CHORD BEARS NORTH 75° 14'42" EAST, 218.39 FEET; THENCE SOUTH
02° 03'26" WEST, 1307.63 FEET TO THE POINT OF BEGINNING, CONTAINING 18.89 ACRES
(822,739 S.F.) MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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Waterworks Solar — Iowa City
Fxhihit R
DESCRIPTION OF THE PARENT PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE N00°47'57"E. ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE HIGHWAY NO. 80, AND WHICH POINT
IS THE POINT OF BEGINNING; THENCE S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 39.32 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY
RAIL FOUND WHICH IS 150.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF SAID
HIGHWAY CENTERLINE AT STATION 899+00; THENCE N89°57'52"W, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, 871.31 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND,
WHICH IS 220.00 FEET NORMALLY DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE
AT STATION 890+00; THENCE S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG
SAID NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION
WITH THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US INTERSECTION
WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE MEANDERING ALONG
SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING COURSES:
N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00 FEET, TO
AN IRON PIN SET; THENCE N09°06'41"W, 715.22 FEET, TO AN IRON PIN SET; THENCE
NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82 FEET, TO AN
IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET; THENCE
N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59"E, 219.68 FEET, TO AN
IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET; THENCE
N56'45'1 1"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99 FEET, TO AN
IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET; THENCE
S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71 °51'07"E 180.42 FEET, TO AN
IRON PIN SET; THENCE S65'1 3'40"E, 207.15 FEET, TO AN IRON PIN SET; THENCE S61'43'01
"E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN
SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE NORTHWESTERLY CORNER OF THE
PARCEL, CONVEYED BY WARRANTY DEED RECORDED IN BOOK 399, AT PAGE 348, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S14°40'37"W,
104.94 FEET, TO THE SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E, 152.65 FEET ALONG THE SOUTHERLY LINE OF SAID CONVEYED PARCEL;
THENCE S45°44'53"E, 38.00 FEET TO A POINT WHICH IS 78.00 FEET NORMALLY DISTANT
NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
NO. 218, NOW KNOWN AS DUBUQUE STREET, AT THE SOUTHEASTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37"E ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO ITS INTERSECTION WITH SAID
SOUTHERLY TOP OF BANK OF THE IOWA RIVER, AT THE NORTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET,
TO AN IRON PIN SET AT ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
OF NORTH DUBUQUE STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL
ACQUIRED BY CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY,
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Waterworks Solar - Iowa City
IOWA, AND RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, 81.58 FEET; THENCE N81 °57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY
LINE. 25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
20.00 FEET; THENCE N88°39'10,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23
FEET; THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION
PARCEL, 45.11 FEET; THENCE S81 °57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET,
TO ITS SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID
NORTH DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE S49°54'47"E
ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION WITH THE EAST
LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE SOUTHEASTERLY,
312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A 2342.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT CHORD BEARS S55°20115"E;
THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 109.03 FEET;
THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4.58 FEET, TO THE
NORTHEAST CONER OF THE PARCEL, THE PLAT OF SURVEY OF WHICH IS RECORDED IN
PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY LINE OF SAID SURVEYED PARCEL,
23.45 FEET, TO AN IRON PIN FOUND; THENCE S40°44'44"E ALONG SAID EASTERLY LINE,
123.47 FEET, TO AN IRON PIN FOUND; THENCE S03°15'44"E, ALONG SAID EASTERLY LINE,
46.82 FEET, TO AN IRON PIN FOUND; THENCE S40°26'16"W, ALONG SAID EASTERLY LINE,
254.19 FEET, TO AN IRON PIN FOUND; THENCE S05°42'36"W, ALONG SAID EASTERLY LINE,
138.07 FEET, TO AN IRON PIN FOUND; THENCE S65°31'26"W, ALONG SAID EASTERLY LINE,
288.13 FEET, TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF SAID
SURVEYED PARCEL; THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON SAID EAST LINE OF
THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57" W, ALONG SAID EAST LINE, 537.33 FEET, TO THE POINT OF BEGINNING.
AND
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY
TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID TOP OF BANK, 1.82
FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN SET;
THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO THE NORTHWESTERLY
CONER OF THE PARCEL, CONVEYED BY WARRANTY DEED, RECORDED IN BOOK 399, AT
PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, WHICH
POINT IS THE POINT OF BEGINNING; THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK,
23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E, ALONG SAID TOP OF BANK, 162.15
FEET, TO THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL, WHICH IS 78.00
FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-
WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE STREET; THENCE
S14°40'37"W, ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 123.00
FEET, TO THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF SAID CONVEYED PARCEL, 38.00
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Waterworks Solar - Iowa City
FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE SOUTHWESTERLY CONER OF SAID
CONVEYED PARCEL; THENCE N14°40'37" E, 104.94 FEET, TO THE POINT OF BEGINNING.
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Waterworks Solar — Iowa City
Fxhihit C
MEMORANDUM OF SOLAR LAND LEASE
(Waterworks Solar Project)
Recorder's Cover Sheet
Preparer Information:
Jamie Baker
4299 Northwest Urbandale Drive
Urbandale, Iowa, 50322
Phone: (515) 242-3980
Return Document To:
Attn: Right of Way Services
MidAmerican Energy Company
P.O. BOX 657
Des Moines, IA 50303-0657
Lessor: City of Iowa City, Iowa
Lessee: MidAmerican Energy Company
Legal Description: See Exhibit A to Memorandum
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Waterworks Solar — Iowa City
MEMORANDUM OF SOLAR LAND LEASE
(Waterworks Solar Project)
THIS MEMORANDUM OF SOLAR LAND LEASE (this "Memorandum") is made and
entered into as of 2020, by and between the City of Iowa City,
Iowa ("Lessor"), and MidAmerican Energy Company, an Iowa corporation ("Lessee").
WHEREAS:
A. Lessor is the owner of a parcel of real property located in Johnson County, Iowa
as legally described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); Lessor is the owner of a parcel of real property located in Johnson County, Iowa which
contains the Property and is legally described in Exhibit B attached hereto and incorporated herein
by this reference (the "Parent Property");
B. On or about the date hereof, Lessor and Lessee entered into a Solar Land Lease
(the "Lease") which by its terms grants to Lessee a lease for the exclusive right of solar energy
conversion, for the collection, distribution and transmission of electric power, and for related and
incidental purposes and activities across the Property.
C. The term of the Lease commences on the date hereof and may continue for a
period of up to forty (40) years in accordance with the terms of the Lease, unless earlier terminated
as provided in the Lease.
D. The Parties desire to enter into this Memorandum, which is to be recorded, in order
that third parties may have notice of the interests of Lessee in the Property and Parent Property
and of the existence of the Lease and of certain easements and rights granted to Lessee in the
Property and Parent Property as part of the Lease.
E. Capitalized terms used and not otherwise defined herein shall have the meaning
ascribed to such terms in the Lease.
NOW, THEREFORE, in consideration of the Lease and the payments and covenants
provided in the Lease to be paid and performed by the Parties, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. Grant of Lease. In accordance with the Lease, Lessor grants to Lessee a lease,
on, over, under and across the Property, on the terms and conditions set forth in the Lease. Except
as otherwise provided in the Lease, the lease is irrevocable and exclusive and include, without
limitation: the Solar Energy Facilities, Transmission Facilities and a Solar Energy System.
2. Incorporation of Lease. All of the terms, conditions, provisions and covenants of
the Lease are hereby incorporated into this Memorandum by reference as though fully set forth
herein, and the Lease and this Memorandum shall be deemed to constitute a single instrument or
document. The Lease contains the entire agreement of the Parties with respect to the subject
matter thereof, and any prior or contemporaneous agreements, discussions or understandings,
written or oral (including any options or agreements for easements previously entered into by the
Parties with respect to the Property), are superseded by the Lease and shall be and hereby are
released, revoked and terminated and shall be of no further force or effect for any purpose
whatsoever.
3. Interpretation. The Memorandum is not intended and may not be construed to
modify or alter in any way the terms and conditions of the Lease. In the event of a conflict or
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Waterworks Solar — Iowa City
inconsistency between the provisions of this Memorandum and the terms and conditions of Lease,
the Lease shall control for all purposes.
4. Binding Effect. All provisions contained in this Memorandum shall be binding
upon, inure to the benefit of, and be enforceable by, Lessor and Lessee and, as provided in the
Lease, their respective successors and assigns.
IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date set
forth above.
"LESSOR"
City of Iowa City, Iowa
By:
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
ACKNOWLEDGMENT
STATE OF , COUNTY OF , ss:
This record was acknowledged before me on 2020, by
Bruce Teague as Mayor of the City of Iowa City, Iowa.
Notary Public in and for said State
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Waterworks Solar — Iowa City
"LESSEE"
MIDAMERICAN ENERGY COMPANY
By:
Name: Adam Jablonski
Title: Director, Renewable Energy
ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF POLK, ss:
This record was acknowledged before me on , 2020, by
Adam Jablonski as the Director, Renewable Energy of MidAmerican Energy Company.
Notary Public in and for said State
-25-
Waterworks Solar — Iowa City
Fxhihit A
DESCRIPTION OF THE PROPERTY
A PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST
OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH
89° 20' 05" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 80, A
DISTANCE OF 694.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
89° 20'09" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 971.01 FEET;
THENCE NORTHEAST ALONG A CURVE CONCAVE SOUTHEAST WHOSE RADIUS IS 148.00
FEET, WHOSE ARC LENGTH IS 91.12 FEET AND WHOSE CHORD BEARS NORTH 41° 55,48"
EAST, 89.69 FEET; THENCE NORTH 59° 34'04" EAST, 145.75 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 137.00 FEET, WHOSE ARC
LENGTH IS 137.50 FEET AND WHOSE CHORD BEARS NORTH 30'48'54" EAST, 131.80 FEET;
THENCE NORTH 02° 03' 45" EAST, 159.48 FEET; THENCE NORTH ALONG A CURVE
CONCAVE EAST WHOSE RADIUS IS 343.00 FEET, WHOSE ARC LENGTH IS 214.57 FEET
AND WHOSE CHORD BEARS NORTH 19° 59'02" EAST, 211.09 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 362.00 FEET, WHOSE ARC
LENGTH IS 432.45 FEET AND WHOSE CHORD BEARS NORTH 03'40'56" EAST, 407.19 FEET;
THENCE NORTH 61' 27'07" EAST, 511.78 FEET; THENCE NORTHEAST ALONG A CURVE
CONCAVE SOUTHEAST WHOSE RADIUS IS 458.00 FEET, WHOSE ARC LENGTH IS 220.51
FEET AND WHOSE CHORD BEARS NORTH 75° 14'42" EAST, 218.39 FEET; THENCE SOUTH
02° 03'26" WEST, 1307.63 FEET TO THE POINT OF BEGINNING, CONTAINING 18.89 ACRES
(822,739 S.F.) MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
-26-
Waterworks Solar — Iowa City
Fxhihit R
DESCRIPTION OF THE PARENT PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE N00°47'57"E. ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE HIGHWAY NO. 80, AND WHICH POINT
IS THE POINT OF BEGINNING; THENCE S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 39.32 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY
RAIL FOUND WHICH IS 150.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF SAID
HIGHWAY CENTERLINE AT STATION 899+00; THENCE N89°57'52"W, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, 871.31 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND,
WHICH IS 220.00 FEET NORMALLY DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE
AT STATION 890+00; THENCE S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG
SAID NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION
WITH THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US INTERSECTION
WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE MEANDERING ALONG
SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING COURSES:
N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00 FEET, TO
AN IRON PIN SET; THENCE N09°06'41"W, 715.22 FEET, TO AN IRON PIN SET; THENCE
NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82 FEET, TO AN
IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET; THENCE
N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59" E, 219.68 FEET, TO AN
IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET; THENCE
N56'45'1 1"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99 FEET, TO AN
IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET; THENCE
S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71 °51'07"E 180.42 FEET, TO AN
IRON PIN SET; THENCE S65'1 3'40"E, 207.15 FEET, TO AN IRON PIN SET; THENCE S61'43'01
"E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN
SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE NORTHWESTERLY CORNER OF THE
PARCEL, CONVEYED BY WARRANTY DEED RECORDED IN BOOK 399, AT PAGE 348, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S14°40'37"W,
104.94 FEET, TO THE SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E, 152.65 FEET ALONG THE SOUTHERLY LINE OF SAID CONVEYED PARCEL;
THENCE S45°44'53"E, 38.00 FEET TO A POINT WHICH IS 78.00 FEET NORMALLY DISTANT
NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
NO. 218, NOW KNOWN AS DUBUQUE STREET, AT THE SOUTHEASTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37"E ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO ITS INTERSECTION WITH SAID
SOUTHERLY TOP OF BANK OF THE IOWA RIVER, AT THE NORTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET,
TO AN IRON PIN SET AT ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
OF NORTH DUBUQUE STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL
ACQUIRED BY CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY,
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Waterworks Solar - Iowa City
IOWA, AND RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, 81.58 FEET; THENCE N81 °57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY
LINE. 25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
20.00 FEET; THENCE N88°39'10,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23
FEET; THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION
PARCEL, 45.11 FEET; THENCE S81°57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET,
TO ITS SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID
NORTH DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE S49°54'47"E
ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION WITH THE EAST
LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE SOUTHEASTERLY,
312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A 2342.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT CHORD BEARS S55°20115"E;
THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 109.03 FEET;
THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4.58 FEET, TO THE
NORTHEAST CORNER OF THE PARCEL, THE PLAT OF SURVEY OF WHICH IS RECORDED
IN PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY LINE OF SAID
SURVEYED PARCEL, 23.45 FEET, TO AN IRON PIN FOUND; THENCE S40°44'44"E ALONG
SAID EASTERLY LINE, 123.47 FEET, TO AN IRON PIN FOUND; THENCE S03'1 5'44"E, ALONG
SAID EASTERLY LINE, 46.82 FEET, TO AN IRON PIN FOUND; THENCE S40°26'16"W, ALONG
SAID EASTERLY LINE, 254.19 FEET, TO AN IRON PIN FOUND; THENCE S05°42'36"W, ALONG
SAID EASTERLY LINE, 138.07 FEET, TO AN IRON PIN FOUND; THENCE S65°31'26"W, ALONG
SAID EASTERLY LINE, 288.13 FEET, TO AN IRON PIN FOUND AT THE SOUTHWESTERLY
CORNER OF SAID SURVEYED PARCEL; THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON
SAID EAST LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION
33; THENCE S00°47'57" W, ALONG SAID EAST LINE, 537.33 FEET, TO THE POINT OF
BEGINNING.
AND
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY
TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID TOP OF BANK, 1.82
FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN SET;
THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO THE NORTHWESTERLY
CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED, RECORDED IN BOOK 399,
AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE,
WHICH POINT IS THE POINT OF BEGINNING; THENCE S74°11'04"E, ALONG SAID TOP OF
BANK, 23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E, ALONG SAID TOP OF BANK,
162.15 FEET, TO THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL, WHICH IS
78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE STREET; THENCE
S14°40'37"W, ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 123.00
FEET, TO THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
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Waterworks Solar - Iowa City
N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF SAID CONVEYED PARCEL, 38.00
FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE SOUTHWESTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37" E, 104.94 FEET, TO THE POINT OF BEGINNING.
-29-
Waterworks Solar — Iowa City
Exhibit D
INITIAL TEMPORARY CONSTRUCTION EASEMENT AREAS AND THE TEMPORARY PATH
CLOSURE DELINEATION
(ATTACHED)
-30-
Waterworks Solar — Iowa City
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Exhibit E
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FORM
(ATTACHED)
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Waterworks Solar — Iowa City
TEMPORARY CONSTRUCTION AGREEMENT AND EASEMENT
THIS TEMPORARY CONSTRUCTION AGREEMENT AND EASEMENT (this "Agreement") is made
and entered into this _ day of , 2020 (the "Effective Date") by and between the
undersigned (hereinafter "Grantor"), and MidAmerican Energy Company, its successors and assigns
(hereinafter "MidAmerican").
WHEREAS, Grantor is the owner of certain real estate in Johnson County, Iowa, as shown
on Exhibit A (hereinafter referred to as the "Property");
WHEREAS, MidAmerican is intending to develop and construct a solar energy conversion
project in Iowa City, Iowa (the "Project") and parts of the Project are expected to be located near or
adjacent to the Property; and MidAmerican desires to obtain permission from Grantor to use a portion
of the Property during the construction of the Project as a general construction site over which
MidAmerican and its contractors would be allowed to utilize as a staging and laydown area, operate
vehicles and other equipment, store solar parts, equipment and materials, store job site trailers, and
any other need related to support the Project.
WHEREAS, MidAmerican desires to obtain permission from Grantor for ingress and egress
to the Project and, due to the concern of public safety, temporarily restrict public access to certain
areas of the Property;
WHEREAS, Grantor desires to grant MidAmerican this Agreement over and across the
Property;
NOW THEREFORE, in consideration of the payment to be to Grantor and other good and
valuable consideration, Grantor and MidAmerican hereby agree as follows:
Grant of Temporary Construction Agreement and Easement. Grantor hereby grants and conveys
to MidAmerican a temporary easement on and over the Property for a temporary general
construction and staging area for purposes related to or associated with the Project which without
limitation shall allow MidAmerican, its contractors and agents to (a) operate vehicles, trucks, and
other construction equipment, (b) place job trailers, (c) store all types of materials including fuel
and (d) any other need which supports the Project. Such temporary easement is depicted on
Exhibit B. MidAmerican shall also have the right to temporarily restrict public access to those
certain areas also depicted on Exhibit B.
2. Grant of Temporary Ingress and Egress. Easement. Grantor hereby grants and conveys to
MidAmerican a temporary easement for vehicular and pedestrian access, ingress and egress to,
from and over the Property to and from the Project on those certain areas depicted on Exhibit B.
3. Term. The rights granted in this Agreement shall begin on the Effective Date and shall terminate
on December 31, 2020.
4. Indemnification. MidAmerican shall indemnify, defend and hold harmless the Grantor and its
directors, officers, employees, agents and representatives from and against all claims, liabilities,
damages, losses and expenses (including reasonable attorneys' fees and expenses) that arise
out of or in connection with the activities of MidAmerican, its contractors or agents on the
Property. In no event shall MidAmerican have any liability to Grantor for special, exemplary,
indirect, incidental or consequential losses or damages; except with respect to damages as
provided below.
5. Damage to Property. MidAmerican agrees to repair any physical damage to Grantor's tangible
property located on the Property to the extent such damage is directly caused by MidAmerican's
Ver. 0403,08
activities. Grantor shall promptly notify MidAmerican in writing of any damage that Grantor claims
is MidAmerican's responsibility under this Agreement, and provide MidAmerican with reasonable
evidence of the cause and extent of such damage. Upon receipt of such notice, MidAmerican
shall promptly investigate and make the repair to the extent MidAmerican is responsible under
this Agreement. For any repairs required to be made by MidAmerican under this Agreement,
MidAmerican shall repair such damaged property to substantially the same condition of the
property existing immediately before being damaged. If such repair is not possible, as reasonably
determined by Grantor, MidAmerican will replace the damaged property.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date and year first above written.
MIDAMERICAN ENERGY COMPANY
0
Name: Adam Jablonski
Title: Director, Renewable Energy
ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF POLK, ss:
This record was acknowledged before me on , 2020, by
Adam Jablonski as the Director, Renewable Energy of MidAmerican Energy Company.
Notary Public in and for said State
Ver. 0403,08
CITY OF IOWA CITY, IOWA
M
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
ACKNOWLEDGMENT
STATE OF . COUNTY OF , ss:
This record was acknowledged before me on 2020, by
Bruce Teague as Mayor of the City of Iowa City, Iowa.
Notary Public in and for said State
c.040;08
Fxhihit A
DESCRIPTION OF THE PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE
SOUTH LINE OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
N00°47'57"E. ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO
ITS INTERSECTION WITH THE NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE
HIGHWAY NO. 80, AND WHICH POINT IS THE POINT OF BEGINNING; THENCE
S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 39.32 FEET, TO AN IRON
RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W, ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND WHICH IS 150.00 FEET,
RADIALLY DISTANT NORTHWESTERLY OF SAID HIGHWAY CENTERLINE AT STATION
899+00; THENCE N89°57'52"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 871.31
FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND, WHICH IS 220.00 FEET NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE AT STATION 890+00; THENCE
S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY DISTANT
NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG SAID
NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION WITH
THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US
INTERSECTION WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE
MEANDERING ALONG SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING
COURSES: N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00
FEET, TO AN IRON PIN SET; THENCE N09°06'41 "W, 715.22 FEET, TO AN IRON PIN SET;
THENCE NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82
FEET, TO AN IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET;
THENCE N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59", 219.68
FEET, TO AN IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET;
THENCE N56°45'11"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99
FEET, TO AN IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET;
THENCE S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71°51'07"E1 180.42
FEET, TO AN IRON PIN SET; THENCE S65°13'40"E, 207.15 FEET, TO AN IRON PIN SET;
THENCE S61'43'01 "E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85
FEET, TO AN IRON PIN SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE
NORTHWESTERLY CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED
RECORDED IN BOOK 399, AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S14°40'37"W, 104.94 FEET, TO THE SOUTHWESTERLY
CORNER OF SAID CONVEYED PARCEL; THENCE S73°57'48"E, 152.65 FEET ALONG THE
SOUTHERLY LINE OF SAID CONVEYED PARCEL; THENCE S45°44'53"E, 38.00 FEET TO A
POINT WHICH IS 78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER
WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE
STREET, AT THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
N14°40'37"E ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE,
123.00 FEET, TO ITS INTERSECTION WITH SAID SOUTHERLY TOP OF BANK OF THE IOWA
RIVER, AT THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET, TO AN IRON PIN SET AT ITS
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF NORTH DUBUQUE
Ver. 040308 4
STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL ACQUIRED BY
CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY, IOWA, AND
RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, 81.58 FEET; THENCE N81°57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE.
25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 20.00
FEET; THENCE N88'39'1 0,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23 FEET;
THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION PARCEL,
45.11 FEET; THENCE S81°57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET, TO ITS
SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID NORTH
DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE
S49°54'47"E ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION
WITH THE EAST LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF
SECTION 33; THENCE S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE
SOUTHEASTERLY, 312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A
2342.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT
CHORD BEARS S55°20'15"E; THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, 109.03 FEET; THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, 4.58 FEET, TO THE NORTHEAST CORNER OF THE PARCEL, THE PLAT OF SURVEY
OF WHICH IS RECORDED IN PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY
LINE OF SAID SURVEYED PARCEL, 23.45 FEET, TO AN IRON PIN FOUND; THENCE
S40°44'44"E ALONG SAID EASTERLY LINE, 123.47 FEET, TO AN IRON PIN FOUND;
THENCE S03°15'44"E, ALONG SAID EASTERLY LINE, 46.82 FEET, TO AN IRON PIN FOUND;
THENCE S40°26'16"W, ALONG SAID EASTERLY LINE, 254.19 FEET, TO AN IRON PIN
FOUND; THENCE S05°42'36"W, ALONG SAID EASTERLY LINE, 138.07 FEET, TO AN IRON
PIN FOUND; THENCE S65°31'26"W, ALONG SAID EASTERLY LINE, 288.13 FEET, TO AN
IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF SAID SURVEYED PARCEL;
THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON SAID EAST LINE OF THE WEST ONE-
HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE S00°47'57" W, ALONG
SAID EAST LINE, 537.33 FEET, TO THE POINT OF BEGINNING.
_►o
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE
SOUTH LINE OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE
OF THE EAST ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH
THE SOUTHERLY TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID
TOP OF BANK, 1.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO
AN IRON PIN SET; THENCE S74'11 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO
THE NORTHWESTERLY CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED,
RECORDED IN BOOK 399, AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, WHICH POINT IS THE POINT OF BEGINNING; THENCE S74'11 1'04"E,
ALONG SAID TOP OF BANK, 23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E,
ALONG SAID TOP OF BANK, 162.15 FEET, TO THE NORTHEASTERLY CORNER OF SAID
CONVEYED PARCEL, WHICH IS 78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF
THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN
Ver. 040308
AS DUBUQUE STREET; THENCE S14°40'37"W, ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO THE SOUTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF
SAID CONVEYED PARCEL, 38.00 FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE
SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE N14°40'37" E, 104.94
FEET, TO THE POINT OF BEGINNING.
Ver. 040308 6
Exhibit B
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Ver. 040308
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Project No: 1190998
` 'r Sheet 1 of 1
Exhibit F
REST AND EDUCATIONAL AREA LOCATION
(ATTACHED)
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Waterworks Solar — Iowa City
1/14/2020 TWFORINASH
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Item Number: 13.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution approving project manual and estimate of cost for the
construction of the Prentiss Street Bridge Replacement Project (BROS-
3715(663)--8J-52), 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.
Prepared By: Melissa Clow, Special Project Administrator
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,370,000, available in the Prentiss Street Bridge Replacement account
#S3935
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
The Prentiss Street Bridge Replacement Project includes the removal and replacement of the
existing triple corrugated metal pipe culverts with new reinforced concrete box culverts, as well as
roadway, utility and other associated improvements. Roadway improvements on Prentiss Street
begin approximately 100 feet east of South Linn Street and extend to South Dubuque Street.
Improvements on South Linn Street extend 200 feet north of Prentiss Street. Storm sewer on
Prentiss Street is being replaced to increase capacity and reduce surcharging during large rainfall
events. The project also includes improvements to ADA sidewalk ramps, creek slope protection
and water main.
Background /Analysis:
The City contracted with IIW, P.C. of Dubuque, IA in May, 2018 for consulting services. Final
design plans will be submitted to the Iowa Department of Transportation (I DOT) on February 3,
2020 for the April 21, 2020 bid letting. The project will be bid through the I DOT, but construction
administration and inspection will be performed by the City.
Final design plans were previously submitted to the I DOT for the January 22, 2020 bid letting.
However, during the bidding period, a number of deficiencies were discovered. The I DOT
determined that the necessary changes would be considered redesign, not appropriate for an
addendum and recommended that the City withdraw the project from the scheduled letting. This
item begins the bidding process with the revised plans, and the plans, specifications and estimate
of cost for construction of the Prentiss Street Bridge Replacement Project have been filed in the
Office of the City Clerk for public examination.
The estimated cost of construction is $1,370,000. Funding will be provided by the Highway
Bridge Program (80% reimbursement of eligible costs up to $1,000,000) and General Obligation
Bonds. The project is expected to be completed by fall 2020.
ATTACHMENTS:
Description
Location Map
Resolution
2018 Iowa City Construction Projects
tPr;oject Location
PRENTISS
A fio
M
W
Prentiss St Bridge Replacement N
A
STAFF PRESENTATION TO FOLLOW:
1 r I
C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Prentiss Street Bridge Replacement Project
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CITY OF IOWA CITY
I
enT�'
10/IAIhTER �� -
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Overall
• Bridge reconstruction with triple 8'-8" x 13'-0" reinforced concrete box culverts
• Replacement of Prentiss Street from S. Dubuque Street to just east of Ralston Creek
• Increase capacity of storm sewer to reduce surcharging during large rain events
• Sidewalk and ADA access Improvements at Prentiss St. and Linn St. Intersection
:s
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10/IAIhTER �� -
a._
Overall
• Bridge reconstruction with triple 8'-8" x 13'-0" reinforced concrete box culverts
• Replacement of Prentiss Street from S. Dubuque Street to just east of Ralston Creek
• Increase capacity of storm sewer to reduce surcharging during large rain events
• Sidewalk and ADA access Improvements at Prentiss St. and Linn St. Intersection
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Prentiss Street Bridge Reconstruction
Estimated Project Costs & Schedule
Estimated Prosect Costs
• Construction
Urban Bridge Fund
Local Funds
• ROW & Easements
• Engineering
• Observation & Admin.
Total
�:VlIr�:m 17-1
• Design Development
• ROW Acquisition
• Private Utility Relocations
• Bid Letting
• Construction
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CITY OF IOWA CITY
$920,000
$450,000
$ 25,700
$147,500
$150,000
$1,693,200
May 2018 — Sept 2019
May — Nov 2019
March — May 2020
April, 21 2020
May 26 — Nov 2020
Construction
• Constructed in 2 phases to allow access to
adjacent properties
• Complete closure of the roadway during
construction
• Pedestrian and vehicular detour will be directed
to E. Court Street
STAFF PRESENTATION CONCLUDED
� r
rrM as � h
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
r.
Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565413
Resolution No. 20-60
Resolution approving project manual and estimate of cost for the
construction of the Prentiss Street Bridge Replacement Project
(BROS-3715(663)--8J-52), 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 project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, this project will be bid by the Iowa Department of Transportation (DOT); and
Whereas, bids will be accepted on April 21, 2020 at 10:00 a.m. by the DOT, Office of Contracts in
Ames, Iowa; 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 Prentiss Street Bridge Replacement account #
53935.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The project manual and estimate of cost for the above-named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the form and amount prescribed in the bidding proposal.
3. The City Clerk is hereby authorized and directed to 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. Bids for the above-named project are to be received by the DOT, Office of Contracts, 800
Lincoln Way, Ames, Iowa, before 10:00 a.m. on the 21St day of April, 2020. Thereafter, the
bids will be opened and announced by the DOT, and thereupon referred to the City
Council of the City of Iowa City, Iowa for action upon said bids at its next regular meeting,
to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5t"
day of May, 2020, or at a special meeting called for that purpose.
j3
Resolution No. 20-60
Page 2
Passed and approved this 3rd day of Mar
It was moved by Mims
adopted, and upon roll call there were:
Ayes:
x
x
&V�
Mayor
2020
proved by
J �-2L^fib
City Attorneys Office
and seconded by 'Thomas the Resolution be
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 14.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution approving project manual and estimate of cost for the
construction of the Water Distribution East Pressure Zone 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.
Prepared By: Jon Durst, Asst. Water Superintendent
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $240,000, available in the Water Distribution Pressure Zone Improvements
account #W3301
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This project generally includes the construction of water distribution system infrastructure to create
an east pressure zone. These activities will occur at multiple locations throughout the City to
remove water main connections, as well as install fire hydrants, valves, water main, and check
valves.
Background /Analysis:
The Iowa City water distribution system contains approximately 270 miles of water main, four
ground storage reservoirs (GSR), and the treatment facility. Pressures in the eastern region of
the City need to be higher to allow for continued development. A study of the system and
subsequent project recommendations was completed in 2018. The recommended course of
action is to create a separate pressure zone on the east side of the City and elevate the pressure
set points of the single GSR in this zone to accommodate development. The project
recommended to create this zone is spatially distributed and generally includes the installation of
check valves and pressure reducing valves, and the need to dead-end or loop water main.
ATTACHMENTS:
Description
Location Iviap
Resolution
FvWater Distribution
MOD--- -°
East Pressure Zone Project
0 Site Locations
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STAFF PRESENTATION TO FOLLOW:
1 r I
C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Water Pressure Zoning
Improvements Project
Jonathan Durst, P.E.
Assistant Superintendent - Water
LEGEbo
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._______
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Water Distribution
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East Pressure Zone Project
O Site Locations
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Foster Rd
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Timeline
• 2020 Water Distribution East Pressure Zone Improvements Project
• Establishing boundary locations
• Work to occur between the months of April and August
• Estimated cost of construction is $240,000
• 2021 Create pressure reducing valve station & implement zone
• Future System Improvements
• Rochester Ground Storage Reservoir pumping capacity as more development
occurs and increases the water demand in the east pressure zone
• System pipe network projects to reduce velocity headloss to west service area
• Additional storage
STAFF PRESENTATION CONCLUDED
� r
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CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
Prepared by: Jonathan Durst, Asst. Water Superintendent, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5169
Resolution No. 20-61
Resolution approving project manual and estimate of cost for the
construction of the Water Distribution East Pressure Zone
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 project manual 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 Water Distribution Pressure Zone
Improvements account #W3301.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual 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 19th day of March,
2020. 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 24'" day of March, 2020, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of March 2020
T, f^ ¢-
vorr i
l/�� roved by
' a-aL -aU
City Attorney's Office
14
Resolution No. 20-61
Page 2
It was moved by Salih
adopted, and upon roll call there were:
Ayes:
and seconded by Weiner the Resolution be
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 15.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution approving project manual and estimate of cost for the
construction of the Scott, Napoleon, and Fairmeadows Park Improvements
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.
Prepared By: Jason Reichart, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: The estimated cost for this project is $395,000 and will be funded by the
Napoleon, Scott, Fairmeadows Park Rehabilitation account # R4367
Recommendations: Staff: Approval
Commission: Parks Commission reviewed this project at their December 11,
2019 meeting and recommended approval.
Attachments: Schematic Drawings and Plan Sheets
Resolution
Executive Summary:
Base bid scope of work for this project includes the removal of existing structures, play
equipment, pavements, and utilities, and construction of open shelters, play equipment, sidewalks
and accessibility improvements. This project also includes drainage and landscaping
improvements.
Background /Analysis:
The Scott Park playground and shelter were installed in 1999 and are nearing the end of their
serviceable life. The play area also lacks accessible paths and safety surface. The 2017 Park
Master Plan recommends replacement of the playground and shelter in 2020. This project will
also include new safety surfacing and additional concrete paths for increased accessibility. A
public meeting was held on August 8, 2019 to collect public input on playground design, color
palette, and other general comments concerning park use and needs. Play equipment and colors
were selected based on input collected at this meeting.
The Napoleon Park playground was originally installed in 2001 and is nearing the end of its
serviceable life. The 2017 Park Master Plan identified accessibility issues and maintenance
concerns and recommends replacement of the playground, improving site drainage, and
installation of concrete paths for increased accessibility.
Project alternates include the following:
• Add Alternate #1: The additional work and cost for a proposed 18' x 18' open shade
structure at Napoleon Park.
• Add Alternate #2: The additional work and cost for a proposed 24' x 24' open shade
structure at Napoleon Park.
The 2017 Park Master Plan identified the Fairmeadows Park playground as being in fair/poor
condition with accessibility concerns. The shelter also needs renovation due to maintenance
concerns and increased use from splash pad users. This project will replace the shelter, signage,
and small child playground, and include an accessible path from the street to the play area. A
public meeting was held on August 15, 2019 to collect public input on playground design, color
palette, and other general comments concerning park use and needs. Play equipment and colors
were selected based on input collected at this meeting.
Project Timeline:
Hold Public Hearing —
Bid Letting —
Award Date —
Construction Start —
Final Completion —
ATTACHMENTS:
Description
Scott Park Schematic
Scott Park Plan
Napoleon Park Schematic
Napoleon Park Plan
Fairmeadows Park drawing
Fairmeadows Park Plan
Resolution
March 3, 2020
April 1, 2020
April 7, 2020
April 20, 2020
October 30, 2020
•
mark — Plav Eau-IDMe
Iowa City - Scott Park Color Selection
Pasts l Iced Coffee Post Caps I Spring Green
ST90C:TOFF P082079-009 Metals lBrown Docks IBrown
Plastics) Spring Green Table FramzsjWA SUPERIOR
Panels l Green TahleTopl Seats j NIA •nom^
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&ASSOCIATES
STAFF PRESENTATION TO FOLLOW:
1 r I
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CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Parks &
Recreation
City Council Meeting
Tuesday, March 3, 2020
Juli Seydell Johnson, Director of Parks & Recreation
Napoleon, Scott &
Fairmeadows Park
Rehabilitation
R4367
(Formerly 3 Projects)
�SNYDE
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Summer 2020
Park Renovation
Project Locations
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Project Timeline
• Public Hearing
• Bid Letting
• Award Date
• Construction Start
• Final Completion
March 3, 2020
April 1, 2020
April 7, 2020
April 20, 2020
October 30, 2020
STAFF PRESENTATION CONCLUDED
� r
rrM as � h
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416
Resolution No. 20-62
Resolution approving project manual and estimate of cost for the
construction of the Scott, Napoleon, and Fairmeadows Park
Improvements 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 project manual 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 Napoleon, Scott, Fairmeadows Park
Rehabilitation account # R4367.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual 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 2:00 p.m. on the 1st day of April
2020. 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 7th day of April 2020, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of march 2020.
Attest: C
City Jerk l
City Attorney's Office
Resolution No. 20-62
Page 2
It was moved by Bergus and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 16.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 3, 2020
Resolution approving project manual and estimate of cost for the
construction of the Wetherby Park Improvements 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.
Prepared By: Jason Reichart, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: The estimated cost for this project is $585,000 and will be funded by the
Wetherby Restroom, Shelter & Playground Upgrades account # R4349.
Recommendations: Staff: Approval
Commission: Parks Commission reviewed this project at their December 11,
2019 meeting and recommended approval.
Attachments: Schematic Drawings and Plan Sheets
Resolution
Executive Summary:
Base bid scope of work for this project includes the removal of existing structures, play
equipment, pavements, and utilities, and construction of an open shelter, restroom, play
equipment, sidewalks and accessibility improvements.
Background /Analysis:
The 2017 Park Master Plan identified Wetherby Park playground as being in fair/poor condition
with accessibility concerns. The shelter also needs renovation due to maintenance concerns and
increased use from splash pad users. This project will replace the shelter, restroom, playground,
signage, and additional concrete paths for increased accessibility.
Project alternates include the following:
• Add Alternate #1: Rubberized surface for the swing area
A public meeting was held on August 15, 2019 to collect public input on playground design, color
palette, and other general comments concerning park use and needs. Play equipment and colors
were selected based on input collected at this meeting
Project Timeline:
Hold Public Hearing —
March 3, 2020
Bid Letting —
April 1, 2020
Award Date —
April 7, 2020
Construction Start —
April 20, 2020
Final Completion —
October 30, 2020
ATTACHMENTS:
Description
5cnematic urawing
Plan Sheet
Resolution
abw
RAIN
9
GENERALNOTES
A. ITEMS SHOWN TO BE REMOVED ON DEMOLITION PLAN HAVE BEEN
REMOVED FROM THIS PLAN FOR CLARITY OF PROPOSED IMPROVEMENTS.
SITE LAYOUT PLAN CONSTRUCTION NOTES
1. PAVEMENTS, PROVIDE THE FOLLOWING:
A. 6" DEPTH PCC.
B. 5" DEPTH PCC.
2. PLAYGROUND, PROVIDE THE FOLLOWING:
A. PLAYGROUND AREA. INSTALL PLAY EQUIPMENT, SUBDRAIN, AND
ENGINEERED WOOD FIBER SURFACING.
B. SWINGS AREA. INSTALL SWINGS, SUBDRAIN, AND ENGINEERED WOOD
FIBER SURFACING. ENGINEERED WOOD FIBER IS BASE BID.
C. LINE SHOWN IS APPROXIMATE SAFETY ZONE FOR PLAY EQUIPMENT.
CONTRACTOR TO VERIFY SAFETY ZONE LIMITS MEETS REQUIREMENTS.
D. ADD ALTERNATE 1: PROVIDE POURED -IN-PLACE RUBBERIZED PLAY
SURFACE. COLOR: RED
3. BUILDINGS, PROVIDE THE FOLLOWING:
A. ROMTEC RESTROOM WITH PCC FLOOR. RESTROOM DOOR ORIENTED
TOWARD PARKING LOT. SEE DETAILS.
B. ROMTEC SHELTER; CENTERED IN PCC SLAB. SEE DETAILS.
4. TEMPORARY FENCING FOR CONSTRUCTION IMPROVEMENTS, PROVIDE THE
FOLLOWING:
A. PROVIDE 6' HIGH CHAIN LINK FENCE FOR CONSTRUCTION FENCING WITH
TOP RAIL. PROVIDE GATES WITH LOCKS. ADJUST LOCATIONS AS
NECESSARY DURING CONSTRUCTION.
5. FUTURE SITE FURNISHINGS BY OWNER (NOT IN CONTRACT)
A. GRILL.
B. BENCH.
C. BIKE RACK.
6. ELECTRICAL IMPROVEMENTS, CONTRACTOR TO PROVIDE THE FOLLOWING,
UNLESS OTHERWISE NOTED:
A. ELECTRIC SERVICE LINE IN CONDUIT. CONNECT TO NEW SHELTER AND
RESTROOM.
B. ELECTRIC PEDESTAL; SUPPLIED AND INSTALLED BY CONTRACTOR.
COORDINATE WITH MIDAMERICAN ENERGY.
C. ELECTRIC METER CONNECTED TO PEDESTAL. SUPPLIED AND INSTALLED
BY MIDAMERICAN. COORDINATE WITH MIDAMERICAN ENERGY.
D. FIELD VERIFY EXISTING DISCONNECTED ELECTRIC SERVICE LINE AND
CONNECT TO NEW PEDESTAL. COORDINATE WITH MIDAMERICAN
ENERGY.
E. APPROX. LOCATION OF EXISTING SERVICE LINE FROM EXISTING
TRANSFORMER/ ELECTRIC BOX ((NOT SHOWN) NORTH OF EXISTING
PARKING LOT.
7. STORM SEWER IMPROVEMENTS, SEE GRADING PLAN.
8. SANITARY SEWER IMPROVEMENTS, PROVIDE THE FOLLOWING:
A. CONTRACTOR TO LOCATE AND REMOVE EXISTING SANITARY SEWER
SERVICE LINE FROM EXISTING BUILDING IN APPROXIMATE LOCATION
SHOWN AND INSTALL CLEANOUT.
B. PROVIDE 6" PVC SANITARY SEWER SERVICE LINE TO NEW RESTROOM
BUILDING AS NECESSARY.
C. ANY DAMAGE TO EXISTING SERVICE OR NECESSARY IMPROVEMENTS
ARE INCIDENTAL TO BUILDING CONSTRUCTION.
PLANT SCHEDULE
TYPE
KEY
SCIENTIFIC NAME
COMMON NAME
NOTES
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B & B
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GREENSPIRE LINDEN
B & B
* HYDRO -SEED ALL AREAS DISCTURBED BY CONSTRUCTION BY USING BONDED FIBER
MATRIX WITH TYPE 1 PERMANENT LAWN SEED MIX. SEE SUDAS 9010.
** ADD 6' DIA. SHDEDDED HARDWOOD MULCH RINGS AROUND ALL NEW TREES ON
PROJECT. MAX. 3" DEPTH.
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• Public Hearing
• Bid Letting
• Award Date
• Construction Start
• Final Completion
March 3, 2020
April 1, 2020
April 7, 2020
April 20, 2020
October 30, 2020
z
Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416
Resolution No. 20-63
Resolution approving project manual and estimate of cost for the
construction of the Wetherby Park Improvements 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 project manual 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 Wetherby Restroom, Shelter & Playground
Upgrades account # R4349.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that
The project manual 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 2:00 p.m. on the 1st day of April
2020. 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 7th day of April 2020, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of March
Attest:
401er_k�
2020.
\ City Attorney's Office
IYA
i�
Resolution No. 20-63
Page 2
It was moved by 'Thomas and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner