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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 Notary Public - State of lora 14 U11L I UTL BR OR 3 0.812 $ w O 3 � STURAW In F� I �I FAM. jj Rmm UNIT "B" 2131 TAYLOR DR, UNIT"A" 2129 TAYLOR DR. LOWER LEVEL (FINISHED) MA MA CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST, IOWA CITY, IOWA S224D (319) 351282 W W W.MmsconsLiltants.net Pate I Rmftwn 92Y21PA REMSKIN PER ATTY-L5s EXHIBIT "A" UNITS A&B TAYLOR DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 01/10/2020 Des"d Moa book No: JOM vim., ai, sw�e CAK — 0mcked aJ- sheet No. '! KJB 1 pmloc-t Nv IC 0339-268 aP 3 �U I FTI O FTI �rn I I C � C O � z Q ;o c» C, m g C', ;o 0cn 0 ZX b 0 X �(� S �m -Zp -hi fi O c ro O p on y c 2 _ n Z C� D� �ymMIR is N o Cl)m 00-� N g i „f � -. i�_. ,r r -;1-"•+I i+r, 1 :=J)'� `55 it Flr rr F- /o IrnI T' 'I _ o FTI I rn I ' I rn I I F- C r7 pe ""� o z o z oils 1 QQocsZ—� Dz�� m CZX pe ""� Z (0v� 2 a D@ OD CO (n00 s �� Q M82 ;fp-; c moo,= Z maP %-Sz- Pcn a 5 LLI m C F� mZ �Z dim t J —J ~gum v U 1 3 m E a ma �o�Z o m m P� E = WCw Vy � 0 o ya ~ [h er OHO g d �o o W N O 0)— v U) Z L 0 ZZ a0 CU Q wW0 a0 ❑ U m = 00 W Q 1 I ..I c �a ed r :aha -"5 If I zm ,z a$H vim 7d Oy�jK =N �Z Zawo }7OgQ 3� m {mp m g }T � baa\ aof ��+a(�� wqo V9\ OzWzZZ � ql p��R BGaC ppiiaz NFOZ h WZ� O� m0 a�� as9 Um�m4 aomt=ted n 9.130' 9.0D' y}OWV7 G a wmw Op wwmizz Neild No�a. 0 n 42 CL � m �_� r j q Z 777JJJ ��4 p fV (� � �� r]• Z m2w� dmin�O 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 Y m SITE EXHIBIT a TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U) OOf LEGENDU. _ _ ` i � CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z f LL 01 m U X X TEMPORARY PATH CLOSURE tis m 4yT poODODODO a TEMPORARY CONSTRUCTION AREA' 't. f r . N a a 7 W u t6 } ! � Q c tiO u Q _ cl N t z Q— a0 p a n W M o U rn (n � � M W '; i� 7777777 7777777 � �. W O LLJ co N Zco W ca LEASE AREA, U 3 W m w W 0 W Z cn "A 0 300 SNYDER &ASSOCIATE S IA-80 SCALE (FEET) 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 -4- Waterworks Solar — Iowa City 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. -5- Waterworks Solar — Iowa City 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 -7- Waterworks Solar — Iowa City 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. -8- Waterworks Solar — Iowa City 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: -10- Waterworks Solar — Iowa City (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 -11- 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 -12- 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. -13- 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 -14- 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 -15- 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] -16- 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 -17- 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. -18- 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, -19- 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 -20- 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. -21- 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 -22- 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 -23- 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 -24- 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, -27- 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 -28- 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 Y m SITE EXHIBIT a TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U) OOf LEGENDU. _ _ ` i � CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z f LL 01 m U X X TEMPORARY PATH CLOSURE tis m 4yT poODODODO a TEMPORARY CONSTRUCTION AREA' 't. f r . N a a 7 W u t6 } ! � Q c tiO u Q _ cl N t z Q— a0 p a n W M o U rn (n � � M W '; i� 7777777 7777777 � �. W O LLJ co N Zco W ca LEASE AREA, U 3 W m w W 0 W Z cn "A 0 300 SNYDER &ASSOCIATE S IA-80 SCALE (FEET) Project No: 1190998 ` 'r Sheet 1 of 1 Exhibit E TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FORM (ATTACHED) -31- 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 TEMPORARY CONSTRUCTION AREA (Attached) Ver. 040308 Y m SITE EXHIBIT a TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U) OOf LEGENDU. _ _ ` i � CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z f LL 01 m U X X TEMPORARY PATH CLOSURE tis m 4yT poODODODO a TEMPORARY CONSTRUCTION AREA' 't. f r . N a a 7 W u t6 } ! � Q c tiO u Q _ cl N t z Q— a0 p a n W M o U rn (n � � M W '; i� 7777777 7777777 � �. W O LLJ co N Zco W ca LEASE AREA, U 3 W m w W 0 W Z cn "A 0 300 SNYDER &ASSOCIATE S IA-80 SCALE (FEET) Project No: 1190998 ` 'r Sheet 1 of 1 Exhibit F REST AND EDUCATIONAL AREA LOCATION (ATTACHED) -32- Waterworks Solar — Iowa City 1/14/2020 TWFORINASH S N Y D E R^ 0 150 300 REST AND EDUCATIONAL AREA &ASSOCIATES N 6mmml FEET MIDAMERICAN ENERGY - WATER WORKS SOLAR SITE 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 Isr- a N � N J Q � m Q N r•1 �1 i � r • memo% CITY OF IOWA CITY I enT�' 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 :s I � flit.".�'7Ll��S���■�■�'7■fiiiii�lf 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 SBDIAPER FWSI EARM C-45 6' 1w - u.6' R- $IANQARV WFMj (TY ). `AE+AEM DEW 0" OR NUVEYMY DAOP "a AS APPUCABLE PER PY-102 �PRME WAGE BLFpl K -E PGIMT 15.5 Aa5' STA_ 6+00.07 TO 7+79 SPR- 8+87 7G 9+40.87 scETRAucRcc e• SPEOML COMPACTION OF SEEPALKPCC 4' AT DIH EM'AK PAW RAM SLBCFADE FOR RIC T 12' FCR AS D4tl=T, P_G OGICIEIE 6' WQDFI I � SUBBASE. 6' � a 4-4.5' t6' 14-04.5' VAi ES SHOULDER F"WNB, EARTH. TW fYY50� R 1A iw0 PREM r6' T,#CXWSS TNP ID• X45' _ �T.�YiS' x6' B" TUPS(l BATCm USTP1d sE k-SEgpLEq � S - - STA- 6t90.07 TO 7114 C14STRC SUEWMR STA- 7+98 TO 9+19 SUMMARL pff"ATED FUSTIC PIPE. 51D D4 YIP fcm P'CC P�1ft WAL L 6' DIR. TM BR -301 [LAffi C. Cu4S 3 OU 7Y, S"TYPE1y•�TMR u1SFC><FlCOT � FIL ST i OR L L`MWF W SUMA . 6' dkbwTd �S , ``1Pfr.IPi 49PPAGl r" 9F +KRACE. +x- EAISnNO SIDEWALK NDYE XIO1X5 YARY AT INIiRSECYIOHB BPA. 7+14 TO 7+95 "N SEA. 7+78 TO 9+8T STA- 9+39 To 8+49.27 S S 9TA 8+00.67 70 9+a0.87 A -r4B PQLy K PCC 9' MEfAEl4 PCC 6' At MVE7M S PAD FOR AS GRI DAY, P.0 CONCRETE 6" WoMm SUMA"F r SPECM COWACTION OF SDBWADE FOR RIC TRAIL 127 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 � r r x� 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 A4iiA•V1ir � ��' I ��. 't- � - 40 qp- 17— • - • • ' f = �.t y-uL-..� � � P(;:. ''- I '� °_` _. a ,Ik•i+�'rti. !b'1 ._-S. y f �., .. , r ..sem" �' X 1 rt- ,.-. ■ ■ t • } n � IT F ��� A .:1�`: 33.1 i.'r`. s a4 3.'>�, t ;. i '" .n '�° • • � '{� , �' ; 7 �%.q" '"`. All 73 17 r ` 'mac--.�cfi•'�`� � - �% ��."K`z' { _ � � . y � ^ ,.-.-J°` •.--•�=� N,'+�.�� i �li Y� n _ F .. r H +,, N •'�'� h; 9' Hop �� ��'� I. .�� � �w"'�r''C tl�' - t^5wli�si'°>le!'--"1,61.4- 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 Eaistirg Serace B bilary Q Gm.E Stnape Reserver 0+ Perry SNE. 8 Treabnent Plant Main Diameter (n) <10 - 12-18 I8-20 �u�Wfaga�>rw a C M [5 Iowa City Water System 910 90a- 890. RED. 670 5611 1350 6411 8311 Boa 790-___________________________ EYERALO GROUND _ STOWE RESERVOIR 780 ---------------------- 760 ------ --- 760-_- - - - - - - ____750- 740 7311 CITY DFM IOWA CITY--__-�� M N�SERRVICkE M' 710 E 700 6911 _- ------- Boo Single Pressure Zone ._______ ______________ ______________________ _...... _____----790 ROCHESTER GROUNDRAG STORAGE RESERVOIR 7B0 NhRPUYA�7)Y SH -RE __ _________ ----------- .__770 CSP PS �— SYCAMORE GROUND Q00 I]00 CPM UOMSTORAGE R=1DIR EL -77f PF=74W M4[. V' PFO]I-2C IAC - _750 ------ --------- - ___ _ __ _STCBtlORESSR PS --------- 40 OW GPM MH --------- °te'____________730 ___ SERNCE AREA _ _ - - - - - _. _ J2o PRFSSURE _ZONE - ____________710 5 a seas' iW OM WORM I----- -------------- 700 L -]1T 17 BLOOMINGTON - --------- -- ----------- - - -------- - --_ GROUND STORAGE _ __.$90 RESERVOIR ------------------------- -- -------- Mrv. uvrorr-i.G Mc -68D .__________________________. BLfBAANGTON GSR PS -------------- 1000 GPM WH EI-e7fY fP-b]0' __ IBD tecrv0 e Grantl Storage Reservoir O Pu Sta9on 8 Tmao tPlan Pressure JP j • > 110 199-tt0 tot -105 • M -t00 W-95 Mina aa.re.r f t .10 13.19 19-30 ur�alw. grr•�Arw Higher water pressure areas 1c�xo EM9np SerMce Botmd y Ca d Sb , B•ser Q+ Puna SM. B TreaMmr Plat Prersve Iwil • <20 • z1-0 • M -W • 31-M • W -b ra.r umler f l X10 1z -1e 1e -M Ou�WRgM�>Y� I� MYa 0)5 Lower water pressure areas tcr.�ro FYW Satire Bound y e Grand St , Besamir ou�WRj A o tw oa Two Pressure Zones Two pressure zones ezo______________________________________________________ ]W0_____________________��_______________________ 1 aa Woo GPM F fiOW CPM a-nY no 1300 WPM EACH EL_] _ GROUND STORAGE ......'- -RESERvUR__—_--- us2maFeut- WY CYNCIIY^]D N0 M]l2 ___________ae0 -----------810 RESERVOIR = _7m WACIDW-]]Y ----------- 130 ------]w EMERALD goo------------------------------- GROUND ................_______. STORAGE 790- - - - - - - - - - - - - RESERVOIR-__--__--___— - - MM C.YMCIIT-2D NC ]g0- P2p.ROF]IXI• EMERALD GSR PS ]]o ---------------------- Cblw ]WW ----------------------- --sr-aga'-__--__-- _------- _- -]ao____________________________ ,so ---- _ ____________ 710--- --- -- — —--------- --- — - ]3o--COY_OF_JOWA ---- AIGFLSERVICE-____________________ CITY WTP CLEARWELL #1 & E-#2 no ----- ti^nY-------y a-^ao^e^mti------------- ]W0_____________________��_______________________ 1 aa Woo GPM F fiOW CPM a-nY no 1300 WPM EACH EL_] _ GROUND STORAGE ......'- -RESERvUR__—_--- us2maFeut- WY CYNCIIY^]D N0 M]l2 ___________ae0 -----------810 RESERVOIR = _7m WACIDW-]]Y ----------- 130 ------]w 4 3 Water Distribution Ima stats eo -- " East Pressure Zone Project O Site Locations _ o a Virginia Dr � Scon Blvd. Foster Rd r. v Q N Kimball Rd HerUen Hppver.Hwy Va Q Tudor Dr n o > .. Rochester Ave Llr rl est Branch Rd S - p Princeton Rd � -.:1•---_p; &5.-a.�, ,'; EWashington St -s 1 1 Burlington St s -a . -Mayfield Rd� Amercan Lepion Rd ag, Court St P9� P �- - srrinxt carr Sol J Friendship it v m - Muscalice A., Kirkwood Ave HvJyi 4scd 0 Q s c� p 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 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: 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^ Sandwich Panels l NA Roof Color I Green ""� FA r 1 m - 3 � o Z W H � W K LL � Q a — U � O z N O m W J Q O O cet 2 yy _ z W k' t> N aZ y H S NYE R w9 Moo rCeTel I W PoM �, : I Fw, M i w s i v T MTN r: f _ F.:'..w ii s i 9 i � � W \ I O _ 3 U ❑ z w rn w a 5 � a a a Ip o v O 2 Z y ❑ � y W o J y ❑ K qf' a Z u o w H w p O o Y U ¢ Z N z (n y SNYRASSODER name Fairmeadows Park — Play Equipment CUNNINGHA�RECREATION Fairmeadows Park - Option -3 Iowa City, IA k 1 Design • Build • PLAY! Alt 4 w`<,{�*� SNYDER 14 &ASSOCIATES 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 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 R BASSO D E Summer 2020 Park Renovation Project Locations 1 .t d r W%Nc.:. . yr A &e_ 1 A �SNYDER 6ASSOCI �s f I x S �W �a I 2 U � tq ° Y W M J / \ c N Cl m fq i$NYDER W Ym �SNYDER 6ASSOCI 'oogle Ea" Napoleon Park Existing Condition SNYDER 6AEEOCI w K N W Q LL d 2 OuJ U a O ! N E N S 6 N D N 5 I i SNYDER xx.� SNYDER 6AEEOCI i r �� r �� •gw Ep �` '\ - I �SNYDER SASSO D ES < i °a J K a S=Z U o � W � u Q S p Z O u N 21 a g $ � m w k � p o > u N 5 SNY�F�P �SNYDER SASSO D ES �SNYDER BASSO D ES 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 Z) U) CO Celtis occidentalis COMMON HACKEBERRY B & B ocnw O Lu QB Quercis rubra NORTHERN RED OAK B & B `U C) ~ TC Tillia cordata 'Greenspire' 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. 0 10 FEET Cl) H Z W 2W O a Y Q a m W 2 H W co m U cn cn O z Q ~ o o 0 Q N � N m N U � Yr F-- a� a� O U � � � N fn 0 0 Z D O V Z '0'^ V+ Z 0 F— U a 0 W H w w H U) W W z w ira wl 0 N M 0 U 0 M 0 N U LO Cu Q L � 0 O U O co LO I? M V Z S N Y D E R &ASSOCIATES Project No: 119.0513.01 Sheet C200 U z Q ~ o o O N � m N w � Yr a� a� O U � M LO 0 T- Z moco L: N Cu Z o z w U F-- O a- 0 0 Z D O V Z '0'^ V+ Z 0 F— U a 0 W H w w H U) W W z w ira wl 0 N M 0 U 0 M 0 N U LO Cu Q L � 0 O U O co LO I? M V Z S N Y D E R &ASSOCIATES Project No: 119.0513.01 Sheet C200 Wetherby Park �SNYDER BASSOCIATES Wetherby Park Existing Conditions SNYDER 6ASSOCI i31 SII i d d <s A ■ � N W a � o u a g w ❑ N ! SNYDER SNYDER 6ASSOCI • 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 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