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HomeMy WebLinkAbout2010-04-27 Resolution~~ 5c 9 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 10-122 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: First Avenue Club - 1550 S. First Avenue Loyal Order of Moose - 3151 Highway 6 East Passed and approved this 27th day of April 2010 ~Cfii7_.L ~r- MAYOR Approved by ATTEST: ~ ~ ~ • ~7`~YL'ic~ ~1~-~s^ ~,~1;~~7./~(.~~' -`~ 3., CI CLERK City Attorney's Office ~ (~~~,c} It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Wilburn the AYES: NAYS: ABSENT: g Bailey ~ Champion _ ~ Dickens _ x Hayek g Mims x Wilburn x Wright M.~.., _ _ 5e(1) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 10-123 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2010 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., May 10, 2010, 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 FY2010 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 27th day of April , 20~Q,. MAYOR Approved by ATTEST: ~ ~ '~-I9 - /D CI LERK City Attorney s Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: X _~._ ~_ ~_ -X.- ---~- NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright finadmYasbperbdg410.doc M - ~~ - - 5e(4) Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 10-124 RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 10T" day of May, 2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of April , 2010. .c '9n MAYOR Approved by ATTEST: ~ CIT tERK City Attorney's Office y~i~ I ~ ~ Pweng\res\landfill cell construction.doc Resolution No. 10-124 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- Bailey x Champion ~_ Dickens x Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution-ic.doc ~ ~~-~ 5e(5 Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-125 RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 10T" day of May, 2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of April , 2010. ,~~.~ Mayor ATTEST: /~ `X . City clerk Approved by: City Attorney's Office ~//~~ ~j ~ Resolution No. 10-125 Page 2 It was moved by champion and seconded by Wi 1h,irn the Resolution be adopted, and upon roll call there were: AYES: x x _._X___ ~_ x ~_ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. d oc M-~ 5e 6 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 10-126 RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 10th day of May, 2010, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of April , 2010 ~~ ~~` MAYOR ATTEST: ~ ~~~ ~,_. r~ CIT ~ELERK Approved by City Attorney's Office `~~zd ~i~ pwengVes\Sen iorCenterRoof-setph.doc 4/10 Resolution No. 10-126 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x ~.- ~- ~_ ~_ ~.- x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc 1 04-27-10 5e 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-127 RESOLUTION SETTING PUBLIC HEARING FOR MAY 10, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE. WHEREAS, in 2000, the City allocated FY01 CDBG funds to anon-profit to acquire a child care facility at 1516 Sheridan Avenue; and WHEREAS, in 2005, the child care business failed and the non-profit deeded the property back to the City in lieu of foreclosure; and WHEREAS, after leasing the property for three years, the City listed the property for sale; and WHEREAS, the City now proposes to sell 1516 Sheridan Avenue to an income eligible buyer for the principal sum of $130,000, less a $4,000 roof repair allowance; and WHEREAS, this sale would provide the opportunity for an income-eligible family to obtain ownership of their own home; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1516 Sheridan Avenue, Iowa City, Iowa, also known as Lots 12 and 13, Block 9, Rundell Addition, for the sum of $130,000. 2. A public hearing on said proposal should be and is hereby set for May 10, 2010, 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. It was moved by Chamvion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: Resolution No. 10-127 Page 2 AYES x X ~_ x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this 27th day of April , 2010. . ~9 ., MAYOR ATTEST: ~?~.c~-t.J CITY LERK Approved by City Attorney's Office a~t,~.- { L Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-128 RESOLUTION SETTING A PUBLIC HEARING FOR MAY 10, 2010 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION- PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. ~~~ . !~~ WHEREAS, The North Airport Development Subdivision -Part Two includes commercial lots which have been marketed for sale to the general public; and WHEREAS, City has negotiated a purchase agreement with Van Meter Industrial, Inc., a copy of which agreement is attached, that requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to approve the attached purchase agreement between the City of Iowa City and Van Meter Industrial, Inc. for the above- referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for May 10, 2010 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 27th day of Anril , 2010. ATTEST: a~J ~- ~=~a~ CI--T~~~~ERK ~~ MAYOR Approved by City Attorney's Office Resolution No. 10-128 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc COM~tERCIA,LINt7N•RESIUENTIgi, OFFER FOR REAL I;,STATty (Inrtuding Arceptanee, Arknawledgemont) This form approved by the Iowa Clry Area Association of REAL7'ORS4C '1'iME -...,,,,..,,,. (._.) am (_) ptn SATE 01~ OI'FER t)3/74~1 ~~0 1. CbG~;k utl boxes that apply to this offer. 2. IIYSCIaOStJRE CONFIRMATfUNS. A. AGiriVC$ 8y sighing baluw BUYER and SEI.LFR confirm thot; u. written discloautoa of tsgoncy roprt:scntationwoee provided to them, b. they ut>dorstu>H# sntd roprescntatlan, c, the disclosuros were pmvided pritu to signing this OfTcr for (teal I?state. b, REQUIJ C LET ORM AOCUMENTS. BUYER and SELLER request that BRpKER scku d cu c ~ awed by law, BUYER AA ~'.~' .2 ti~~ «u{~yr~ SCI.C.ER & DA'I'S BUYER 8t AATB SELLER & DATE 3. OFN'ER'i'Q; (hwain designated as SELLF,R}, `17te undersigns: {herein designated as SUYBIi) hereby nffar to buy'Shte real property situated in ~Iohns~n County, Iowa, I,ocatad at, and briefly dest,rlbett towp, and foElowing the Icgal dtscrip- tian cantaintxl iu ttta title dvournent by which the SELLER rtcoivtd dtla to the property, subject to approval of BtNER'S attot,~cy, ar dasc:'ibod as fellows; horcinaRcrdesignatod as "Prppexty" tog0thot`with any aasontents and serviant estates appurtenant thert:ta and subject to zan• ing resirirtians, restrictive cavanat)ts, easoi»onts, anti mineral rasetwatlan, if any, subject. however, to the Boyar's prvpewy in~roatlgtuian rights sct'forth in paragraph fi(g) and provided Buytx, an possession, Ia permkted to mako the P4Aowing use of the Real I:State: l3U~lER agrees to ply Yau fo,r such prapcrty the sure of ~ ( ~ , ), TIC PtJRCti,ASE l'RICS &hall bt: paid as follows: $ x.541).00 (_Thlrty Five Nuttidr~ poga~and n_e ~~5~_ ,) (a ~ held to trust b ""r"""-' (,G,} 3Ek,)i~ER'S (,~„) BtIX~sR'6 f_..l both SEI,LRIt'S and BUXER'S Agent (hereinafter tcfernd to es "Broker' or "Agent'y or (,•J AN CRAW COMPANY, and credited toward the purchase price atriasing, pending dcfivcry of final papot~s and the 6alanee upon delivery of warranty dtted or upon t>xecutian of a real estate contract as hereinnRcr provided. Etu~tcstntoney st:hoduled to be hold in extras of 90 days And ht an amount squat to or exceeding 57,500,04 shall be placed in an tutercSt- ~ ing aae:aunt 4vith intercat accruing in l~avar of (_,,,) tiUYRR {,,, gRI,L~~ 3S~ , or ?;ed ;D#~; -•-•-~-----~ .The ttunt'`Bt'aker" shall also incladc Broker's: affiliated licensees (brokers and sales persons). Tito terms "Ownor" andku "Steller"shall .include Seller or Vendor The tartn "Bt1I'Elt++ she!! include Buyer ar Vendto, Tire tsrtns "sell" and "sate" shall include sale, exchange ar option, 'The haleness of this purchase price sbgil ba pAld as designated below: Cheek fire appropriate boxes, (A) ur (H) or (C) ar (D) (/) A. CASH to be paid an settlement data This offor is net cotst(ngent upan•Bt1YER obtaining f9nancing. SFL.L.ER has the right to receive verification of flsnds. (,....> H. NEW MCtRTtsAG`Et This contract is conti»geal upon the BUYFJR obtaining a banaFidc cosntninncnt for (__) Conventional (~) ARM (,) Other 9UYCR(sl,,,~,~,, and 5t~.,LGR(s) , uckno~v)cdgo they Iwvc rcod this paltu. Pnge I of 7 (1nitlutx) nttintsl TINANCING TERMS: This Agreement is contingent upon the BUYER obtaining a written commitment firr a first coal estate mortgnge far % of the purchase price whit interest on the promissory note secured dtc-tby afoot more than °lo amortized over a term of trot less than years, with a balloon due date of not less than years. BUYER agn:es to pay no more than crb for loan origination fees and points, and to pay in addition ;dl other cus- tomary loan costs. BUYER agrees upon acceptance of this offer to immediately make application for such mortgage with a commercial mortgnge lender and to exercise good Faith efforts to obtain a mortgage commitment as above pro- vided. Upon receiving written loan commitment (supported by the lender's required appraisal), BUYER shall release this contingency in writing. IF BUYER has not obtained a written mortgage loan commitment containing the above terms or other terms acceptable to BUYER, on or before the day of , 20,_ either SELLER or BUYER may declare this Agreement null and void and all payments made hereunder shalE be returned. BUYER shall pay the balance of the purchase price at the time of the closing by combination of BUYER'S personal funds and the net mortgage proceeds. (~,) C. ASSUMPTION OF MORTGAGE OR CONTRACT: see "Addendum to Commercial Real Estate Purchase Agreement" attached and made a part of this contract. (.^) D. INSTALLMENT CONTRACT: see "Addendum to Commercial Real Estate Purchase AgreemenP' attached and made a part of this contract. ~. OTHER TERMSJCO~I'I'Ilht^,ENCIFS/SPECIAI, PROVISIONS (i.e., any subf cct to sate, including inning permits, util- ities, onvironmentai assessments, etc.): Optional Conditions: Provisions a through g, if initialed by BUYER, are included in this Agreement: a. SURVIrY, Upan acceptance of thts offer, BUYER may have the property surveyed by a licensed SatveyUr at the expense of the (_} BUYER, U SELLER. The surveyor shall set and flag nil property pins, to be approved by BUYER before If the survey, certified by a Registered Land Surveyor, shows any encroachment on said property or if any improvements (not excluding landscaping, plant- togs or fencing) located on the subject property encroach on lands of others, such encroachments shall be treat- ed. as atitle defect. b. SOILS TEST. Upon acceptance of this offer, BUYER shall have tlresight to have soils investigations can- ducted 6y a licensed soils engineer, including, but not limited to, percolation tests, to ascertain whether the property is suitable for the improvements which BUYER intends to make. All expeusos for the tests shall be borne by (,~ BUYER, (__) SELLER. BUYER shall be responsible far the repair mrd restoration of any damage to the properly which may be caused by such tests. If in the reasonable opinion of the sails engineer, the property is not suitable for the proposed development, this Agreement, at the option of the BUYER,. may be terminated attd all earnest money shall be refunded. BUYER shall be deemed to have waived this condioon unless wdlten notice to the contrary is delivered to SELLER'S agent within days of acceptance. ~• COVENANTS. SELLER shall provide the BUYER with the covenants within days of acceptance of this offer. BUYER shall then ltavc days from receipt of these covenants to review and provide written approval to SELLER'S agent. If BUYER does net approve covenants, then. this. off€r is null and void and alt earnest money shall be rt`fuudcd. d. WELL WATER TEST.. Upon acceptance of this offer, BUYER may, at Buyer's expense, obtain a water test to determine if the well water meats the safety standards set by the State Hygienic Laboratory, BUYER shall ba deemed to have approved said report unless written notice is delivered to SELLER'S agent within days of acceptance. In the evem of disapproval, BUYER may terminate this agreenteat and all earnest money shall be returned, ar BUYER may elect tt7 proceed with well investigations as rioted below a WELL REPORT. Upon acceptance of this offer, BUYER tnayobtain a wall report of the existing well(s) from a licensed well drilling contractor at the expense of the (,,,,~ BUYER, lJ SELLF,R. BUYER shall be daemecl to trove approved said report unless written notice tv the contrary is delivered to SEI.LBR'S agent with- in days of acceptance. In the event of an unsatisfactory report, amt if the matter cannot be resolved behveen the parties within days of receipt thereof, BUYER may terminate t(tis Agreement acrd all comes( money shall be returned. f. SEPTIC REPORT. If the properly is served by a septic system, BUYER may, at ~ BUYER'S, (.~ SELLER'S, expense, have the system inspected by a qualified inspector to determine if the system is working properly, In the event of an unsatisfactory report, and if the matter cannot be resolved between the parties within clays after receipt thereof, BUYER may temtinate this Agreement and all earnest money slrull be returned. _..._~. PROPERTY INVESTIGATIONS, Within days following acceptance of this offer, BUYER may con- duct independent investigations of the following examples of conditions relating to the property; 6UYGR(s)_,.,t~, and SP.L,I,Ek(s) , ucknowlcdgo they haves read this page. (Initials) (rnitialSl Pagc 2 of 7 (1) Zoning, other ordinances, general plan description, environmentally protected areas, master plans of drainage, dedicadan of land For public use, topography, or other: (2) Flood hazard zones. BUYER has been advised that the property U is, (_„) is not, (____) tnay be, in an,area dtsignated as a flood zone. Plood insurance may be tequirai in order to obtnin financing, BUYER is advised fo consult leader and insurance carrier. (3) Availability of utilities and costs of development. (4} Building Department requirements, fees, and casts of offsita and ottsite improvements. (5) Any easements of -'ecord for public utilities, roads or tughways. Also consider liens, other easements, and interests of others. (6) Any mineral reservations. BUYER shall be deemed to ]rave approved of said investigations unless written notice is delivered to SELLER'S agent within days of acceptance of this Furcltase Agreement. Tn the event of disapproval, BUYER may terminate this Agreement and alJ, earnest money shaA be returned, 5. ABSTRACT AND T1TLE. Within ..].$_days of final acceptance of this offer, S$LLER shall have the abstract for the property continued to and including the date of acceptance of this offer and deliver it to BUYER for examination. $UY1.R shall haveten (10) days from date of receipt ofAbstract to deliver a copy of his nttorney's title opinion to SELLERS, stat- ing any objections to Title and only objections so stated shall be considet•ed. The abstract ahali become the property of BUYER when the purchase price is paid in full and shall show Marketable Title as defined as one that is in compliance with the Town State Bar Association Title Standards. SELLER shall pay costs of additional abstraMing and/or title work due to act or omission of SELLER; or SELLER shall give evidence of title by;he purchase of an Owner's policy of tide insurance for $UXER containing tarots and endorsements satisfactory toBuycr. 6. TRUST PAYMENTS. All funds deposited ns part payments steal t. be held by Broker in trust pending acceptance of this offer, and examination of the abstract anJ delivery ofdeed or formal contract. BUYER authorizes the Lender financing this pur- chase to pay all funds to Broker for the benefit of :SELLER-and SELLER aathorizes Agent to accept andmake payments and disbursements. Attune of settlement, funds ofthe purchaseprice may be used to pay taxes, other Liens, and closing costs to comply with the above requirements, to be handled under supervision of Broker, and subject to approval of BUYER on title questions which may be needed. to produce marketable ti le, Before BUYER sfiall be entitled to refund of Earnest Money, any actual expenses incurred on BUYER'S behnlf shnll be deducted therefrom and paid to the creditors entitled thereto. 7. REAL ESTATIr TAXES. SPECIAL ASSESSMENTS. Rent Estat: Taxes. SELLER shall pay all real estate taxes which are due and payable and consti wte a lien agninst the above described Rea! Estate and. any unpaid real estate taxes for any prior years., Except for the tax proration hereinatler set forth, BUYER. shall pay nil subsequent real estate taus. SELLER shall also_pay a prorated attare of the real estate taxes for the fiscal year ending June 30, 20~,Q_ .and payable in the fiscal year commencing July t, 20 ,.1Q_, based upon one of the fol- ln4ving formulas: Select (A) (B) or (C), (.~} A. vet taxes payable in the current fiscal year in which possession is given to BUYER. (Do not select this nlternative if the cutYent year's taxes arc based upon a vacant lot-or partial constmction assesmmnu. (_} B. Net taxes paid in the current fiscal ycrtr of possession {plusltninus) 85 thereof. (_) C. An amount calculated based upon the assessed valuation, legislative tax rollback. and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payablei» the fiscal year commencing July !, 20 ^, If. lit the time of closing, the tax hate is not certified, then the mast current, certified tax rate shall be used. Spec[a[ Assessments. Select (A) or (B) U A. SELLER shall pay all special assessments which are a lien on the Real Estate as of the date of closing. (,,,.-) B. SELLER shall pay all installments of special assessments which are lien on the Real Estate and, if not paid, would become delnrquent during the calendar year this offer is accepted, and all prior installments ttacreof. All other special n&sessments shall be paid by BUYERS, 8. POSSESSION. Tf BUYER timely performs all obligations, possession for the Real Estate shall be delivered to BUYER on dune 1 20 ~ with any adjustments of rent, taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur aflcr approval of title and vacation of the premises by the SELLER, in the condition ready for BUYER'S possession. Possession . shalt not be delivered to the BUYER anti[ completion of the closing, which shall mean delivery to the BUYER of all title transfer documents and receipt of the purchase price funda then due from BUYER. If by mutual agreement the parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. $UYER(s) ~ ~ ,and SELLfiR(s)_ . ocknativlcdge they love read this page. (rniiluis) (burials) Pagc 3 of 7 4. INSURANCE, SELLER shall bear the risk of lass or damage to property prior to setUcment ar possession, whichever first occurs. SELLER agrees to maintain existing insw•attce and BUYER may also purchase insurance, In the event of substan- tial damage or destruction. prior to closing, this Agreement shad be nttll and void unless otherwise agreed by the panics. BUY1±R, however, shell have the right to complete the closing and receive insurance proceeds regardless of the extent of the damage. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition at or before closing date. 10. INCLUDED PROPERTY (if any). All property that. integrally belongs to, or is specifically adapted to, or is part of dre real estate (except rental items), whether attached or detached, such as wall to wall cerpedng and vinyl, light fixtures and bulbs, ceiling fan(s), mirrors, shelving, shades, rods. blinds, avnings, storm windows, storm doors, screens, plumbing fixtures, sump pump, water heater, water softener, automatic beating equipment, fuel tank, air conditioning equipment except win- drnv), door chimes, alarm devices.. built=in items and electrical service eable/feneing, gantge door ppener and controls}, other attached fixturos, radio and/or attached TV receiving equipment, fencing, trees, bushes, shrubs, plants, appurtenant savctures or egaipmenl, storage buildings, voice/data Fvirutg and ports, pre.wired security systems, electronic cable, fenc- ing, shelving, gates, landscaping, and rural water membership shall be considered a part of rent estate and included io this sale, II. OTIfER INCLUDED ITEMS, INCLUDING MACffiNERYAND EQUIPMENT; valued at $ ( _ purcbau price. ~ }, of rite total EXCLUDED PROPERTY, MACHINERY AND-EQUIPMENT: ~_ I2. PERSONAL PROPERTY AND DEBRIS, SELLER agrees to remove all debris and alt persona! property not included herein from the property by possession date unless there is a prior written agreement by the parties. 13. DUTIES OF PARTIES: a. SfiLLER and BUYER acknowledge and agree that BROKER(S), affiliated licensees and entptayees: (1) must respond. to all questions of the parties; however, they are not required to discover hidden defects or give advice on matters outside the scope of their teal estate license; (2) make no rapresentauons or warranties as to the physical or mechanical condition of the property, its site, value, future value, income potential, whether the basement is waterproof, etc.; SELLER AND BUYER are not relying upon any such rcpresenttuions. (3) are not qualified to advise on questions concerning the condition of the properly, the legal sufficiency, legal effect or tax consequences of this documsnt or transaction, For such matters. SELLER and BUYER are advised ro consult the appropriate professional(s), b. SELLER and BUYER aclatowledge that the SELLER of real property has a legal duty to disclose IvIATERIAL ADVERSE FACTS and MATERIAL DEFECTS of which SELLER lots actual knowledge and which a reasonable inspection by BUYER wrJUld not. reveal BUYER has the right to obtain any inspections, survey and measurements at BUYER'S expense, 14, JOINT TENANCY IN I'ItOC$)aDS AND IN SECURITY RIGHTS. IN REAL ESTATE, If SELLER, immediately pre- ceding this offer,. holds title to the property in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of SELLER, then (lf the proceeds of this Sala, and any continuing and/or recaptured rights-of SELLER in real estate shall be and continua In SELL1lt as joint tenants with rights of survivorship and not as tenants in enmmon; and (2) BUYER in the event of the death of either SELLI~It agrees. to pay any balance of the proceeds of this sale to the survivrng SELLER and to accept deed from such surviving SELLER, I5. CONDITION OF PROPERTY, A. The property as of the dpte of this agiEement including buildings, grounds, and all improvements will be preserved by SELLER in its present condition until possession or closing, whichever takes place first, ordinary wear and tear excepted. B, SELLER warrants them are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or under- , ground storage tanks, and that property is under no governmental scrutiny for these items. C. SELLER assures heating and air conditioning systems, plumbing system, nil appliances and all other mechanical equip- ment, included as pm•t of the purchase price, will be in working condition as of either the date of possession or closing, whichever takes place fast, with lire folIa~viug exceptions (if Wane so state); AUYER(s)~~ , and SELLER(S) , acknowledge they bout read this page. (Initials) {Initials) Page d aC7 U. if this property is sold and purchased in nn "as is" condition, Paragraph 15C, dons not apply to this sale and the prop- erly is sold and purchased without a general warranty, including but not limited to wananty of fitness, freedom tiom defects, suitability of purpose, or that the building or any of its included components including heating, air-condition- ing, ventilating, plumbing, cletarical and other systems therein are in operathtg condilions, The BUYER acknowledges that he has relied on no representations as to the condition or qualify of the properly being sold and purchased herein by either the SELLF_lt nr S T FR~anPnrc and representatives. The I3U1(EYZ shall have no right an the execution of this agreement or subsequent to the delivery of the title transfer documents to lire BUYER to assert any clnitn related to the property at any time thereafter and this provision shall survive delivery of deed to the BU t . It is agreed between the parties that this property !s being sold and purchased in "as is" condition. Buyer's signature Seller's signature 13. BUYER shall be permitted to make a 4valk through inspection of the property prior to possession or closing, whichev- er is sooner, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. Unless it is new construction, tit the time of closing or possession, whichever occurs sooner, 9UYE125 will accept property. in its present wndidon without further warranties or guarantees by SELLERS ar BRO- KER conccrningthe condition of lire property, This, however, shall not relieve the Seller of any liability for any wndi- tions that are defined its latent defects. A talent defect is one which is not apparent to the Buyer upon reasonable, care ful inspection of the. premises and which is known to the Salter and not disclosed as a defect. E New Construction: Tf the improvements on the. subject property are under construttion or are to be constructed, this Agreement shall ba subject to approval of plans and specifications by the parties within days of final accept- ance of this Agreement. This Offer to Purchase is not a construction contract. The contract for construction will be a separate agreement between ttte Contractor and BUYER. which wilt set forth ail of the terms, conditions and specifics- ' lions of the property to be constructed. Broker(s) and employees make no warranties as to the quality of construe lion nr materiels nr any warranty of habtabflity. G, BUYER is advised to have property inspected by professional inspectors, If improvements on the property have been previously occupied, BUYER may choose one of the following alternatives relative to the condition and quality of the property; {1) Within days after lire tinat acceptance date $UYER may, at BUYER'S sole r'xpense, have the prop- erty inspected 6y a qualified person ar persons of BUYER'S choice to determine If there are any sn•uctural, mechanical, plumbing, electrit:al, or environtnenusl deficiencies, including hazardous materials, substances, conditions, or waste.. BUYER to indemnify SELLER for any damage resulting From environmental inves- tigation. Within this same period,.BUYER may notify SELLER in tivriting of any such deficiency, Failure to da so shall bo deemed a waiver of BUYER'S inspection and repair rights and BUYER agrees to accept the property in its present condition. In the event of any claim ar demand by BUYER. as a result of inspections, SELLER shall within 72 hours of notification declare andcommence-one of the following options: (a) mak= ing said items aperatlanal or functional a' otherwise curing the deficiency, or (b) amending ties agreement by giving BIJYBR a credit For the cost of curing the defi;eicacy, or {c) canceling this agreemcntand refund- ing BUYER'S earnest money deposit or any sums paid directly to SE,L.LER. If SELLER does not prompt- lycure all suci- ifefit:iencies in a mannermuiunlly agreeable and confirmed by written addendum, signed by rite parries (either pursuant to parenthetical a rn• b above), then BUYER may declare this offer null and void and shall have the right ro all payments returned. Ifthe.propettp is being sold andpurchased in "as is" con- dition as acknowledged by signatures above, and if the Buyer elects to conduct inspections, said Inspections are for the purpose of determining if the Buyer wishes to continue with the purchase of the property only, The Seiler is under no obligation to remedy any deficiencies and failure to do sa shall eat be a considera- tion for voiding the contract. If the13uyer does not approve of information discovered in the inspection, then this offer is null and void niid all earnest money shall be returned, (2) HUYTR has verified any Euformation that is impnttant to BUYER by an independent investigation and/or independent inspector. Further, BUYER acknowledges that BUYER has made a careful and satisfactory inspection of the property and is purohasing the property in its existing condition. 16. WOOD-DESTROYING PEST 1NSPECT70N. BUYER tnay request a pest control inspection by a licensed pest inspee- torwithin days after acceptance of this Oder, which shall be done at BUYER'S expense (except as othcnvise agreed in writing). Should evidence of termites or wood destroying insects be found, the property and structure(s) may be treated by a licensed pest exterminator in as appropriate manner at SELLER'S option, and shall include ail treatment and repair rea- sonably required by BUYER. BUYER agrees to accept treated and repaired properly, or, prior to lire conrnrencement of l3UVLR(s)~ '~ ,and 5L~1,[-bR(s) , acLnowledgc tI>cy havo mad @us pogo, (Initials) (Initials) Pagc S of 7 treatment turd repairs, shall have the option of deolaring this Agreement null anti void and be entitled to full return of the earnest money, 'T'his provision does not apply to fences, trees, shrubs, or outbuildings other than garages. I7. LEASG TERMINATION. If indicated by "Yes" in the Following space ER at SELLER'S expense to tennlnate all rights of existing tenants so BUYER shallthave sole possession sled atf clns a SELLER shall exhibit evidence sadsfactoryta BUYER of such termination. SBhLER shall furnish copies of a(Ueases and agreements between Tenants and SELLER and this offer („~ is {,) is not subject to BUYER approving said lenses and agreements by (date) 2d~ 18. REME[lIES OF THE PARTIES . FORFEITURE _ FORECLOSURE • REAL ESTATE COMMISSIONS, a, IF SELLER fails to fulfil! thisAgt+eemant, SELLER will pay to Btbkertlta professional service fee (if any) in full ns stated in the Exclusive Listing Agreement nr other written commission agreement corresponding [o the property, and BUYER shall have the right to Gave all payments returned ur to proceed by art action or actions at law or inequity. 6, If BUYER faits to fulfill this agreement, BAYER will pay to Broker the professional service fee (if any) .in full as stated within the BUYER Agency Agreement or other written commission agreement and all payments by BUYER may he fw•feited lard retained by SE[ LER as provided iu the Cade of Iowa, c. In addition to the foregoing remedies. BUYER and SELLER each shall be entittt:d to any and alt other remedies, ar action;; ut law or in equity, intaudiag foreclosure, sad the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 19. CQURT APFROVAL. H the property is an asset of any estate, trust, conservator-ship, or t>rccivership, this contract shall be subject to Court approval, ff necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter nn for h artng for o + approval, In this event, a CaarrOfficer'sDeed shall be used. Tf this contract is not so approved by the day of 2U ,either parry may declare this contract null and void, and all payments made here under shall be returned. 24, DE1;D. Upon payment of purchase price, SELLER shalt convey tide to Buyers or their assignees byWarranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as the instrument othanvise expressly provides, AJl warranties shat! txtend to time of nt>ceptance of this offer, with special warranties ns to acts of SELLER up to time of delivery of decd. 21. GENlvRAL PROV[S[ONS. In ttte perfotmattce of each part of this agreement, time shall be of the essence. This Agreement shut! be binding on and inure to the benefit of the hears, executors, administrators, assigns and successors in interest of the respective parties. This Agreement shall survive [he closing, paragraph headings ere For the converriepce of reference and shall not limit nor affect the meaning of this Agreement. Words and phrases herein,-iatiiuding anyacknowledgement here- of, shell he construed as in the ingutar or plural number, and as tnascu)ine, feminine or neuter gender, according to the con- text. 2Z. NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received either by hand delivery, facsimile, electronic communication or certified mail, Persons designated for receipt of any notice shat! be SELLER{s) and B UYER(s) at the addresses set Earth below or their BROKER or Agent. Electronic or facsimile transmission sent to the other party nr to the appropriate BROKER, followed by alectranic or faxed acknowledgement of receipt, shall constitute delivery of signed dactunent. 23, ENTIRE AGREEMENT This document contains the entire a,reement oi' the parties and supersedes ail prior Offers with respect to the property. This Offer may be modified only by a written agreement signed and dated by both parties. 24. MEDIATION. Ia the event of a dispute, BUYER and SELLER agree to Consider mediation as an alternative to initiating legal action. The mediation wilt be conducted itt accardancc with the rules and procedures of a mutually agreed mediation service. Even when utilizing mediation, parties may stilt seek9egal remedies. 2S, OTHER I'ROVI5IONS. Ali other provisions, if any, shall be by addendum or amendment to this Agreement, 26, INDEMNITY !f a mutual ntisttike regarding the rights and obligations of the parties is discovcted after closing, that mis- takeshall be catrected by a mutual agreement. If the error is a monetary mistake, it is [o be assessed and immediately col- lected fintn the party ot9giaally legally liable. 27. ADDITIONAL PRUWISIONS.~hir ntirrh~sP bra mPnfi is t~hiac-4- t- van nrtpr nrrh,3gp a~YPPmwnt IIUYL•Afs)- ~~, and SGLLHR(s) . ucknowledgo they hove tend this pugs. (Initials) (iniriuls) Pi~gC 6 of 7 28. ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale anti purchase of the above described property and the professiopnl servioe fat(s) shall be due to the Agent(s) in accordance with the T?xclusive Listing Agreement, BUYER Agency Atrreameat ar other -vriucn commission agreemept, bottveeb either party and their Agent(s}, This Offer shall not negate ar change any of the conditions or terms of said Agrcameat(s), which, by thlsraference, sha11 remain in faU force and effect Utruugh ttte closing, Tf this offer is not nett tad b SEL • P y LER nn or bafora_________r_ ~) am or (_) pm .20 , it shell 6ecoma nut! and void and the initial paymeat shall bo repaid. ~~~v"BU ER withou inhility on the part of said Agent(s) to either party. I Y~ ~/slpfKrat•~EL 2. •- d EUYER AADRG55 P,, ,, CITY, STATE. ZIP PHONI: ADDRESS CITY STATE, ZIP PHONE This offer is accepted 20_____~at (A.Ivl., P.M., Naon) f. SGLLGR ADDRESS CITY, STAT[. Z[P PI~ONC 1'OR INFQItMAT10N ONLX SELLER ACl'{NOWLEDGBS RECEIPT' OF THE OFJ~I?R (llA'E'G) Z 5F:LL&R ADDRESS CITY, STATE, ZIp PIfONE (TIM)r) (INfl7At.S) Tlto SCLLER5 in this trnnsactiap ar((c~Irepresented by: (Agent/Bmkernge Names) 11tc B DYERS in this transacGOn are ropresented by; {AgtntlB ro ketage Karnes) Entail; Faz: E-t»sil• Fax: IiUYF;R'S Attorney SELLERS Attorney FaX: Abstract location Mntlgnga ~yith Fax: This is a iagaily biadiug contract. Tf not understood, consult with the Itewyar of your choice, Receipt of a copy of tltls agrcentent is ncknowiedged by the parties hereto. C3UYER(s)_T~~, and 55l.LCR(s) ( nltlals) (Initials) ~ acknntvlcdge they Iruvc road this pogo. Pngc 7 of ? rti'sOr 4/09 Purchase and Sate Agreement Page 1 C(}UNTER-OFFER TO: VAN METER INDUSTRIAL, INC. ("Buyer"}. The City. of Iowa. City, Iowa, a municipal corporation {"City"), makes the. following Counter-Offer to the Comn~erciaUNon-Residential Offer for Real Estate dated March 24, 2010. 1. Change in purchase price: ~13$o+eoo.~'~ D~ 2, Change in possession date: June 15, 2010. 3. Seller (:ontingency: a. This counter-offerand the. City's obligations under this agreemen# are contingent upon formal approval of the City Council for Iowa City, pursuant to Section 364,7 of the Code of Iowa. b. This counter-offer is contingent on Buyer executing an agreement to satisfy the conditions of the FAA,release that allows the City to sell the property. 4. All other terms of the CommerciaUNon-Residential Offer for Aeal Estate dated March 24, 2010 shall remain thc.same. ~3 5. This Counter-Offer shall e~ire at 4:00 p,m. Apri1~2010. Accepted this ~~ day of 7~~~' i L , 2010. ACCEPTANCE The C ' t f ~~ t :': i y o Iowa City ( City') accepts the Buyer's counter j, to the City's counter-offer set forth above. i;: i7 CITY OF IOWA CITY I WA SELLER Date - ; By: f' Da e Hells terim Ci y Manage~•! I a M~ ~ - - 5f 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-129 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA, FOR PROPERTY LOCATED AT 1973 SHERMAN DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on November 10, 2009, and recorded on November 16, 2009, in Book 4527, Page 342 through Page 347, in the Johnson County Recorder's Office covering the following described real estate: Lot 9, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by the proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 27th day of April , 20 1 ~ ~~ MAYOR Approved by ATTEST: ~ Q'~~ CI L-ERK City Attorney's Office Resolution No. 10-129 Page 2 It was moved by Champion and seconded by [ti7i 1 hi~rn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Dickens ~ Hayek ~ Mims X Wilburn ~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Hills. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 53 970, and was executed by Matthew J. Visek, (herein the Owner), dated November 10. 2009, recorded November 16. 2009, in Book 4527, Page 342 through Page 347, Johnson County Recorder's Office, covering the following described real property: Lot 9, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $125,930 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this d'~ day of l~rc- , 20 `~ CITY OF IOWA CITY Mayor FINANCIAL INSTITUTION By ~ )~~ ~ Y 15f~ ~P, L-c~n Uf~erct-i~c>r~~. Attest: ,~ Cit k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this .a7 day of ~P2r~ , 20 !Z7 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .~ 2~ :~: -~-1a ~-- and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. lam- /~~l passed (the Resolution adopted) by the City Council, under Roll Call No. - - ~ of the City Council on the a7 day of APz1~ , 20 its ,and that -N ~ and Marian K. Karr acknowledged the execution of the instrument to be their vo ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. „yaws SONDRAEFORT i .~ Commission Number 159791 r • My Commission Expires ~ ~~ 1 ~~ • ,oW ~ ao ~a Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 22 C~-~ On this J~ ` day of Ill ~(~~~.~ , 20~5,'~before me, the un ersigned, a Notary Public in and for the State of Iowa, personally appeared }~ ~ to me personally know , who being by me duly sworn, did say that he/she is the Imo' ~ ~, 1 1'~ of -N"1l.lJ I~jCtl1LE~I~1,lS~fi ~-, that said instrument was signed on ehalf of said corporation by authority of its Board of Directors; and that said l ~ L ~ ,~~acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Y MEgSIN6ER ~ `S ~~ ~~~~ ~~ ~yq~ Notary Public in and ~r he State of Iowa . ~ ~ My Commission expires: M~ 5f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-130 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 217 BRENTWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on November 20, 2009, and recorded on November 25, 2009, in Book 4532, Page 394 through Page 399, in the Johnson County Recorder's Office covering the following described real estate: Unit 176-U, Mayfield Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3468, Page 74 and the Declaration of Annexation recorded in Book 4446, Page 304, Records of the Johnson County Recorder, and any amendments thereto. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, recorded on December 9, 2009, Book 4536, Page 931, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 27th day of April , 20~_ MAYOR ~~° Approved by Resolution No. 10-130 Page 2 ATTEST: Q~~ ~• `~ CIT LERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Dickens g Hayek ~ Mims X Wilburn x Wright SUBORDiNAT1C'~N AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 47 070, and was executed by Benjamin T. Patience (herein the Owner), dated November 20, 2009, recorded November 25, 2009, in Book 4532, Page 394 through Page 399, Johnson County Recorder's Office, covering the following described real property: Unit 176-U, Mayfield Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3468, Page 74 and the Declaration of Annexation recorded in Book 4446, Page 304, Records of the Johnson County Recorder, and any amendments thereto. WHEREAS, the Financial Institution has loaned the sum of $109,800 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, recorded on December 9, 2009, Book 4536, Page 931, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. S!abordination. The City hereby ccveriarts and agreas with the Fig uncial Institution that the above noted Mortgage; held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~7 day of ~'~ ~ t-. , 20 !!~ CITY OF IOWA CITY By Mayor FINANCIAL INSTITUTION B ~ Donald R Wells/First Vice President Attest: City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS; JOHNSON COUNTY ) On this ____~^ day of Pit , 20 to ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Nta.-l~I,~~ ~J° k _ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di~y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ia--- I.3a passed (the Resolution adopted) by the City Council, under Roll Call No. °-------, of the City Council on the ~.7 day of ~pRs~ , 20 rO ,and that _ __ and !Marian K. Karr aclcnouJledged the executio^ of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~iats SONDRAE FORT S~~- ~~ _ ~ Commission Number 159791 Notary Public in and for the State of Iowa My Commission Facpires ow aoia- LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 30th day of March _ , 2010 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells to me personally known, who being by me duly sworn, did say that he/she is the First Vice President of University of Ia Comm CU ,that said instrument was signed on behalf of said corporation by authority of its Bvard of Directors; and that said Donald R Wells ackno~Nledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by hirn/her voluntarily executed. Notary Public in a' for the State of Iowa ,~k CONNIE J. WELK Connie J Welk o ~. Commission Number 720951 My Commission Expires My CommISSIOn expires: February 14, 2012 ow _ `~ '~$ 5f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-131 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1910 SHERMAN DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on November 19, 2009, and recorded on November 24, 2009, in Book 4531, Page 586 through Page 591, in the Johnson County Recorder's Office covering the following described real estate: Lot 16, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, recorded on December 2, 2009, Book 4534, Page 412, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 27th day of April , 20 l0 ~L ~ _ MAYOR Approved by Resolution No. 10-131 Page 2 ATTEST: ~~~~ /~ CITY CERK ~z-~~ City Attorney's Office It was moved by (:ham~i nn and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens ~_ Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 53 970, and was executed by Ashley Ann and Saul Guerrero (herein the Owners), dated November 19. 2009, recorded November 24. 2009, in Book 4531, Page 586 through Page 591, Johnson County Recorder's Office, covering the following described real property: Lot 16, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $125,930 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, recorded on December 2, 2009, Book 4534, Page 412, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortpage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortpage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortpage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~,_ day of .AP2 ~ i-- , 20 J d CITY OF IOWA CITY Mayor FINANCIAL INSTITUTION /~~ sy ~~, Donald RWells/First Vice President Attest: '`~~ City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~'1 day of ap2tt--- , 20 ! D ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared _IV~,,~,a2~ . t1C- and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say th they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /b - !3( passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the d ? day of J~PQ ~ t_ , 20~, and that MattkQ.,~ ~': ~Nc..u~t~ and Marian K. Karr acknowledged the execution of the instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,SW'u SONDRAE FORT S~~ ~~.b o ~, Commission Number 159791 • Mycommissi~ fptres Notary Public in and for the State of Iowa 0 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 15th day of April , 20 10 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells to me personally known, who being by me duly sworn, did say that he/she is the F;,-~+ v; ~P PYPRI C~Pnt of u ofI community Credt uni,o~pat said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. r z~l~~ - . ,~-y -~- ~ ~ - ~~~~. e~~~~_-.---' Notary Public in and fd the State of Iowa ~ CONNIE J. WELK o~ ~ Commission Number 720951 • My Commission Expires My Commission expires: ,~ ~ ~~ " "~~~ ~~ U4-L / -7 U ~''~"~ 5f 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 RESOLUTION NO. 10-132 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS .REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 303 3RD AVENUE, IOWA CITY, IOWA. WHEREAS, on January 31, 2006, the owner executed a mortgage with the City of Iowa City to secure a loan; and WHEREAS, on August 17, 2006, the owner also executed a promissory note; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located 303 3~d Avenue, Iowa City, Iowa from a Mortgage recorded February 6, 2006, Book 3989, Page 260 through Page 265; and from a Promissory Note recorded August 23, 2006, Book 4073, Page 802 of the Johnson County Recorder's Office. Passed and approved this 27th day of Aril , 20._10__• MAYOR Approved by ATTEST: .~~ `~ ~astit/ CICI-~T~RK City Attorney's Office It was moved by Champion and seconded by wi 1 hiirn the Resolution be adopted, and upon roll call there were: Resolution No. 10-132 Page 2 AYES: NAYS: ABSENT: X Bailey ~_ Champion X Dickens x Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagors-: David Stephen Engelstad Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 303 3rd Avenue, Iowa City, Iowa, and legally described as follows: Lot Eleven (11), Dunlap's First Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, David Stephen Engelstad, to the City of Iowa City represented by a Mortgage recorded February 6, 2006, Book 3989, Page 260 through Page 265; and from a Promissory Note recorded August 23, 2006, Book 4073, Page 802, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~~,~ ~ ~~~2%r/y CICI-~ERK STATE OF IOWA ) SS: JOHNSON COUNTY 1 MAYOR Approved by ~°~-,r~ City Attorney's Office On this d ~ day of A P2 t L , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No./b~Zradopted by the City Council on the ~_ day ~P(~l L , 20 !D and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT ((~~ _ ~ Commission Number 159791 ~•~--nc:~'tlt~ t'~ My Commission Expires Notary Public in and for Johnson County, Iowa ow ~ 3 ~ a.~ r M-I~ 4- - 5f 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-133 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA. WHEREAS, on April 11, 2005, the owner executed a Mortgage to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, the City of Iowa City should release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1911 H Street from a Mortgage, recorded April 22, 2005, Book 3866, Page 766 through Page 771 of the Johnson County Recorder's Office. Passed and approved this 27th day of April , 2014_ ~~ MAYOR Approv ~ ~ ~- ~r ~ _. ICS ATTEST: CITY`ELERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion g Dickens x Hayek x Mims x Wilburn ~~ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Tracy L. Daby Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 1911 H Street, Iowa City, Iowa, and legally described as follows: Lot 3 in Block 31, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. from an obligation of the owner, Tracy L. Daby, to the City of Iowa City represented by a Mortgage, recorded April 22, 2005, Book 3866, Page 766 through Page 771 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~ CIT LERK STATE OF IOWA - SS: JOHNSON COUNTY ) ~`r~~ MAYOR Ap prov~i ~~ `~~~~`~G City Attorney's Office On this ~ day of ~-PrL.I L , A.D. 20S O ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.io--~33, adopted by the City Council on the _~ day ~~~r I^ , 20~_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~^rs SONDRAE FORT C _ ~ Commission Number 159791 Ss~r<G- 1 My Commission F-~cpires Notary Public in and for Johnson County, Iowa iow M~8 5f 6 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-134 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AMENDMENT TO TWO AGREEMENTS BETWEEN CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. WHEREAS, the City of Iowa City has entered into two consultant agreements with Stanley Consultants, Inc. to provide flood protection plans and recommendations for the Parkview Terrace and Idyllwild neighborhoods; WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds, must adhere to federal procurement requirements; WHEREAS, FEMA requires that said requirements be incorporated into all contracts for HMGP related services and purchases; WHEREAS, the two consultant agreements do not include the HMGP procurement requirements; and WHEREAS, it is in the best interest of the City to amend both agreements to include the federal procurement requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to two originals of the attached Amendment to Two Consultant Agreements between the City of Iowa City and Stanley Consultants, Inc. Passed and approved this 27th day of April , 2010. ATTEST: .~ CI LERK /~... S~ MAYOR Approved ~ City Attorney's Office Resolution No. _ ~ n-i ~c. Page 2 It was moved by Champion and seconded by Wi 1 hiirn the Resolution be adopted, and upon roll call there were: AYES: x x X X ~- x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossarylresolution-ic.doc AMENDMENT TO TWO CONSULTANT AGREEMENTS BETWEEN CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. THIS is an amendment to two CONSULTANT AGREEMENTS made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, (City) and Stanley Consultants, Inc. (Provider) in Iowa City, Iowa. WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds, must adhere to federal procurement requirements, including 44 CFR 13.36; and WHEREAS, FEMA requires that said requirements be incorporated into all contracts for HMGP related services and purchases; and WHEREAS, the City has contracted with Provider to provide flood protection plans and recommendations for the Parkview Terrace and Idyllwild neighborhoods. NOW THEREFORE, the parties agree as follows: The CONSULTANT AGREEMENTS are amended by adding the following new Paragraph C in Section V in each agreement: V(C). Federal Procurement Regulations Provider agrees to adhere to the following requirements set forth in 44 CFR 13.36(1), as applicable: (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms is set forth in Section III above. (2) The Agreement may be terminated for cause and for convenience by either party as set provided in Section III above. Should the City terminate this Agreement, the Provider shall be paid for all work and services performed up to the time of termination. Provider shall submit any claim for payment within thirty (30) days of termination, and the City shall not be obligated to reimburse Provider for any cost or expense for a claim submitted after thirty (30) days of termination. (3) Provider shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Provider shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Provider shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Provider shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) With respect to the City's pertaining to reporting, Provider's only "report" requirement is as provided herein. (8) The City has no requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) The City has no regulation or requirement pertaining to copyrights and rights in data. (10) Provider shall provide access to the City, FEMA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Provider shall retain all required records for three years after the City makes final payments and all other pending matters are closed. (12) Provider shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) (13) Provider shall comply with the standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). All other terms of the CONSULTANT AGREEMENT shall remain in full force and effect. TA L Y CONSULTANTS, INC. ~' CBI~Y OF IOWAdd~_C.I~~T,Y MAYOR CITY OF IOWA CITY -4'~8 2.01 d Date ATTEST: ~%~~> ~~~ CITY LERK ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this a~ day of ~iz,~ 2010, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. oJ~1~,r SONDRAE FORT Commission Number 159791 z My Commission F~cpires 0 7 a s~~ -~~ Notary Public in and for the State of Iowa Approved by: l `C ~~O City Attorney's Office 2 AMENDMENT TO TWO CONSULTANT AGREEMENTS BETWEEN CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. THIS is an amendment to two CONSULTANT AGREEMENTS made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, (City) and Stanley Consultants, Inc. (Provider) in Iowa City, Iowa. WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds, must adhere to federal procurement requirements, including 44 CFR 13.36; and WHEREAS, FEMA requires that said requirements be incorporated into all contracts for HMGP related services and purchases; and WHEREAS, the City has contracted with Provider to provide flood protection plans and recommendations for the Parkview Terrace and Idyllwild neighborhoods. NOW THEREFORE, the parties agree as follows: The CONSULTANT AGREEMENTS are amended by adding the following new Paragraph C in Section V in each agreement: V(C). Federal Procurement Regulations Provider agrees to adhere to the following requirements set forth in 44 CFR 13.36(1), as applicable: (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms is set forth in Section III above. (2) The Agreement may be terminated for cause and for convenience by either party as set provided in Section III above. Should the City terminate this Agreement, the Provider shall be paid for all work and services performed up to the time of termination. Provider shall submit any claim for payment within thirty (30) days of termination, and the City shall not be obligated to reimburse Provider for any cost or expense for a claim submitted after thirty (30) days of termination. (3) Provider shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Provider shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Provider shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Provider shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) With respect to the City's pertaining to reporting, Provider's only "report" requirement is as provided herein. (8) The City has no requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) The City has no regulation or requirement pertaining to copyrights and rights in data. (10) Provider shall provide access to the City, FEMA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Provider shall retain all required records for three years after the City makes final payments and all other pending matters are closed. (12) Provider shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) (13) Provider shall comply with the standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). All other terms of the CONSULTANT AGREEMENT shall remain in full force and effect. S AN EY CONSULTANTS, INC. By: Date CITY OF OWA CITY By: ~^~ ATTEST: ~~ ~~~ MAYOR CITY OF IOWA CITY ACKNOWLEDGMENT CITY CLERK STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~7 day of ~~~~ 2010, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o cats SONDRAE FORT _ ~ Commission Number 159791 My Commission Expires . iow ~ as s. Approved b _~ City Attorney's Office ~~~ ~~ Notary Public in and for the State of Iowa 2 ~~ 5f 7 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 10-135 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT OVER THE NORTHEASTERLY 10 FEET OF AUDITOR'S PARCEL 2008097, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, E&L Prybil entered into an agreement on January 2, 2009, whereby they agreed to dedicate utility easements if and when such easements became necessary over and across their land north of 420th Street and adjacent to City owned property; and WHEREAS, a utility easement is now necessary over the northeasterly 10 feet of their property, known as Auditor's Parcel 2008097, to allow for the provision of certain utilities to City property currently rented by the Joint Emergency Communications Services Association (JECSA) and upon which a monopole has been erected. WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the attached Underground Utility Easement is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. This Easement shall be recorded in the office of the Johnson County Recorder at the expense of JECSA. Passed and approved this 27th day of April , 2010. ~'~ se MAYOR Approved by ATTEST: ~ ~1it~~ ~~':-r7wZ~7/;~k~~~ CIT CLERK City Attorney's Office ~~' ~ )/ v Resolution No. 10-135 Page 2 It was moved by Chamyion and seconded by Wi lh>>rn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey _ - x Champion ~ ~ Dickens _ ~ Hayek _ x Mims g Wilburn x Wright wpdata/glossary(resolution-ic.doc Prepared by and after recording return to: Sara Greenwood Hektoen 410 E. Washington Street (314) 356-5030 City of Iowa Ciry Iowa City, IA 52240 (3I9) 356-5008 UNDERGROUND UTILITY EASEMENT In consideration of one dollar and other good and valuable consideration, receipt of which is hereby acknowledged, E&L Prybil Limited Partnership f/k/a E&L Prybil General Partnership ("Grantor"), hereby grants and conveys to the City of Iowa pity, and its successors and assigns ("Grantee"), a perpetual easement upon, over, under, along and across the following described real estate ("Easement Area"): The northeasterly 10 feet of Auditor's Parcel 2008097, Plat of Survey recorded in Plat Book 53, Page 305 and revised in Plat Book 54, Page 46 of the Johnson County Recorder's Office, located in the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5`~ P.M., Johnson County, Iowa. Grantor further grants the following rights in connection with the above easement: Grantee shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes and lines, and all other appliance fittings and appurtenances below the surface of the ground as may be necessary for the purpose of serving real estate owned by Grantee immediately east of the Easement Area with electricity, and other similar necessary public utilities, including communication service and electrical controls, and the rights of ingress and egress for such purposes. Grantee shall also have the right from time to time to trim, cut down and clear away all trees, brush, and other debris or impediments within the Easement Area, which may, in the opinion of Grantee, interfere with access, the proper construction, maintenance, operation or removal of said utilities or may interfere with the exercise of Grantee's easement rights in any manner. Grantee shall promptly backfill any trench made by Grantee, and repair any damages -2- caused by Grantee within the Easement Area. Grantee shall be responsible for all costs and expenses of said utility installation. Grantor, and its successors in interest and assigns, reserves the right to use said Easement Area for purposes which will not interfere with Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said Easement Area, except as provided in the $asement Agreement made by Grantor and Grantee's predecessor in interest; which Easement Agreement was recorded January 12, 2009 in Book 4380, at Page 196 and which Easement Agreement was assigned to Grantee, as recorded January 22, 2009 in Book 4383, at Page 847 of the records of Johnson County, Iowa. This easement is granted in conformance with the terms of said Easement Agreement and shall supplement but not modify the terms of that Easement Agreement. The rights, ,terms and conditions of this easement shall run with the land and be binding upon the parties, their grantees, agents, successors in interest and assigns. SIGNED this ~ day of ~L~1___~., , 2010. GRANTOR E&L PRYBIL LIMITED PARTNERSHIP J By: Eldon R. Prybil, Ge eral Partner By: Lawrence D. Prybil, Gene 1 Partner GRANTEE CITY OF IOWA CITY, IOWA By: Matthew J. Hayel , a or Attest: ~ ~' ~LL__ ~Z?~-~'~ Man n K. Karr, City Clerk CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On M~"~~ ~ 1 ~p~0 before me, JEFF R. KALLMANN, NOTARY PUBLIC ~- ; (Here insert name and title of the otticer) personally appeared -_- I ~'n ~ ' ~r b t ~ who proved to me on the basis of satisfactory evidence to be the person(-~} whose name{ is - subscribed to the within instrument and aclaiowledged to me that 1e executed the same in zis - ' - aLrthorized capacity{-ies~ and that by his •~ si~nattue~s? on the instrument the person{-~}, or the entity upon behalf of which the personFs-} acted, executed the instrlunent. I certily under 1'1=,NALT't' v~ i~>=,i~.i~UkY ~u~der the laws of the StatE of Cahforrtia that the foregoing paragraph is true and correct. WITNESS my hand and official s Signal~(re o'I~NolaAy Pu~llc ADDITIONAL OPTIONAL INFORMATION DESCR[PTION OF THE ATTACHED DOCUMENT (Title or ea ription of attached document) (title or description of attached document continued) Number of Pages 3 Document Date 3"~ ° ~~ (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer JEFF R. KAI.LMANN~N COMM,# 1873162 U1 NOTAR'~ERS DIE COUN1o~N1A ~ MY COMM. EXP. 1AN• 10, 2014 (Notary Seal) (Title) ^ Parh~er(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any uclozomledgnzent completed ira California rmrst contairv ver6iuge exactly a.ti• uppear•,r above irr the rzolary section or a separate acluzoivledgment form nnrst be properly completed mzd attached to that document. The only excep[imz is if a document is to he recar~ded outside of Culifa'rzia. /n such instances, cozy alternative acknorv[edgrnent verbiage us may be printed orv szrch a doczunerzt so long as the verbiage does not require the notary to do something that is illegal fa- cr notary in Cul forma (i. e. cert~ring the authorised capacity of the signer). Please check the document carefully fa~ proper notarial mording cuzd crouch this form if required. • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that [he signer(s) personally appeared which must also be the same date the acl:nowledgment is completed. • The notary public must print his or her name as it appears within his or her conunissien followad by a com^~a al;d then your title (notary public). • Print the name(s) o'f document signer(s) tivho personally appear at the time of Il Otal'IZatl011. • hulicate the correct singular or plural forms by crossing off incorrect forms (i.e. /she/~ is /art) or circling the correct forms. railure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. [f seal impression smudges, re-seal it a sufficient area permits, otherwise complete a different acl:nowled~ment form. • Signature of the notary public must match the signature on the with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate otticer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ZOOS Version CAPA v 12.10.07 500-373-9S(i~ wwvv.NotaryClasses.com STATE OF IOWA ) ss: JOHNSON COUNTY) ~. This instrument was acknowledged before me on this l~, day of 10 by Lawrence D. Prybil, as partner of and on behalf of E&L Prybil Limited Partnership. Cf~A1GN 1ML413` ComnNNion Nwnbrr 7~i433 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~~ day of APFi1- , 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; a municipal corporation; that the seal affixed to the forgoing instrument is the municipal seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council; and that said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 5~~~~ - - - Notary Public in and for said State osa~~s SONDRAE FORT _ ~ Commission Number 159791 My Commission F-~cpires • OW 3 ~/ o7oJ~ i~ ~ ~~ Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 10-136 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2011 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.619852% (approximately $405,489) of Formula Funds From federal operating assistance for transit: $1,085,133; From federal funds for transit in non-urbanized areas and/or for transit serving primarily elderly persons and person with disabilities: $92,341; From state-wide federal capital assistance for transit: $19,598,268; From federal funds from the Job Access/Reverse Commute program: $142,268. We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to. provide required local match for capital projects. and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced monthly as allowed by law, to improve transit system cash flow. Resolution No. 10-136 Page 2 Passed and approved this 27th day of April ~ 20~~ -S~, MAYOR Approved by ATTEST: ;- ~ ~~ ~'-~' ~~-~~° ~GI LERK City Attorney's Office It was moved by Mims and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: X x x x ~- ~_ _~ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright jccogtp/reslsta-app-10.doc Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 10-137 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN THEREFOR. WHEREAS, the Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal are under Iowa law; and WHEREAS, a proposed Moss Green Urban Village Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Plan includes and consists of: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of--Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of--Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of--Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of--Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of--Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; -1- THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less. HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Moss Green Urban Village Urban Renewal Plan;" and WHEREAS, the Iowa statutes require the City Council to submit the proposed Moss Green Urban Village Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation of the Moss Green Urban Village Urban Renewal Plan Area and adoption of the Moss Green Urban Village Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by the reference; and WHEREAS, as the proposed urban renewal area includes land classified as "agricultural land" under Iowa Code Section 403.17(10), written permission of the current owners has been obtained; and WHEREAS, by a resolution adopted on March 23, 2010, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Moss Green Urban Village Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Moss Green Urban Village Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City council and all required responses to the recommendations made by the affected taxing entities, if an, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Moss Green Urban Village Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Iowa City Press Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and -2- WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Moss Green Urban Village Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Moss Green Urban Village Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds that the Moss Green Urban Village Urban Renewal Plan conforms to the general plan for the development of the City as a whole. Section 3. That the Moss Green Urban Village Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Moss Green Urban Village Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Moss Green Urban Village Urban Renewal Plan for the Moss Green Urban Village Urban Renewal Plan Area"; the Moss Green Urban Village Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Moss Green Urban Village Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Moss Green Urban Village Urban Renewal Plan for the Moss Green Urban Village Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Moss Green Urban Village Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Moss Green Urban Village Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 27th day of gpril , 2010. Mayor ATTEST: ~-~~~ Ci Jerk City horn s c:~ Y'c'l -/4 -3- EXHIBIT A Moss Green Urban Village Urban Renewal Plan CITY OF IOWA CITY, IOWA APRIL, 2010 Table of Contents Section 1 -Introduction Section 2 -District Designation Section 3 -Base Value Section 4 -Urban Renewal Plan Objectives Section 5 -Description of Urban Renewal Area Section 6 -Type of Urban Renewal Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Use Policy and Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Amendments Section 12 -Property Acquisition/ Disposition Section 13 -Consent to Include Agricultural Land Section 14 -Effective Period Addendum No.1-Legal Description Addendum No. 2 -Moss Green Urban Village Urban Renewal Project Area Map Addendum No. 3 -Agricultural Land Consents 2 1. Introduction This Urban Renewal Plan has been developed to help local officials promote economic development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in new commercial and industrial development. The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the following, which are also goals included in the Iowa City Comprehensive Plan - 1997, as amended: • Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future industrial and commercial development; • Cooperate with local and regional organizations to promote economic development within Iowa City; • Improve the environmental and economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals. In order to make development sites attractive to new and expanding firms, communities are frequently called upon to provide financial incentives and programs. Other development sites in the region, which already cater to commercial, office, research, light production, and assembly uses, make tax increment financing available to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial, office and research development zoned land in order to provide competitive development sites for commercial, office, research, light production and/or assembly uses. To assist with ensuring that this type of development site is competitive, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Moss Green Urban Village Urban Renewal Plan Area, referred to hereafter in this Plan as the Urban Renewal Project Area or Area. In addition, the City may make available the use of tax increment financing to provide direct grants, loans or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. 3 To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. 2. District Designation With the adoption of this plan, Iowa City will designate this Urban Renewal Area as an economic development district that is appropriate for commercial and industrial development. 3. Base Value If the Moss Green Urban Village Urban Renewal Area is legally established and debt is certified prior to December 1, 2010, the taxable valuation within the district as of January 1, 2009 will be considered the "base valuation'. If the debt is not certified until a later date, the "base value' will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. 4. Urban Renewal Plan Objectives The overall goal of the Moss Green Urban Village Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for uses generally allowed in commercial, office and research park zones. Renewal activities are designed to provide opportunities, incentives and sites for commercial and industrial development. Objectives for development in the Urban Renewal Area include: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To plan for and provide sufficient land for new commercial and industrial development in a manner that is efficient from the standpoint of providing services; • To help finance the cost of constructing street and other infrastructure improvements to support new development; • To stimulate, through public action and commitment, private investment in new commercial and industrial development; • To encourage and support development that will result in job creation; • To encourage the use of green technologies in infrastructure development, land use and new buildings; • To encourage the development of start-up firms and the attraction of new businesses; • To provide for the orderly physical and economic growth of the city; 4 • To enhance the availability of sites to accommodate the construction of industrial, commercial, office, research park and associated uses; • To assist with the provision of infrastructure to enable competitive land prices and lease rates and thereby provide a more marketable and attractive investment climate; • To make public improvements as deemed necessary by the City to support new industrial, commercial, office, research park and associated uses; and • To provide financial incentives and assistance to qualifying businesses. 5. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No.1 -Legal Description. The location and general boundaries of the Moss Green Urban Village Urban Renewal Plan Area are shown on Addendum No. 2 -Location Map: Moss Green Urban Village Urban Renewal Project Area. This area is approximately 243 acres. 6. Types of Urban Renewal Activities To meet the objectives of this Urban Renewal Plan and to encourage the development of the area, the City intends to utilize the powers conferred under Iowa Code Chapters 15A and 403 (2009) and financial incentives, including, but lot limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects though the execution of contracts and other instruments. 2. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. To make loans, forgivable loans, grants, or rebates to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City Council, in its sole discretion. 4. To provide for the installation of infrastructure and roadway improvements. 5. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City. 6. To encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining 5 LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. 7. Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. Private Site Improvements Lot development may include, but is not limited to, design and construction of buildings and building additions, grading for building construction and amenities; paving and parking; landscaping; and on-site utilities. Tax increment financing may be granted to be used by qualifying businesses to finance private site improvements. Businesses incorporating energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification may be eligible for additional tax increment financing, in the sole discretion of the City Council. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, public streets and sidewalks, sanitary sewers, storm sewers, water distribution mains and open space improvements. Tax increment financing may be available to finance the construction of these improvements, at the City Council's discretion. Financial Incentives At the City Council's discretion, tax increment financing may be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in commercial, industrial, office, research park and associated use activities allowed in the Urban Renewal Project Area. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the public and private site improvements. Qualifying businesses and improvements shall be determined by the City Council in its sole discretion. 6 8. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area near the I-80 interchange with Highway 1. The Iowa City Comprehensive Plan states that this area... ...provides one of the few opportunities for office research park development in Iowa City. National Computer Systems (now Pearson) (within the North Corridor Planning District) and ACT (south of I-80 in the North Corridor Planning District) are successful examples of this type of development. With the tone set by these two companies and the advantages of interstate exposure, land around this interchange should continue to be preserved for office research park and research development park opportunities. Iowa City has a general plan for the physical development of the City outlined in both the Iowa City Zoning Ordinance and the Iowa City Comprehensive Plan - 1997, as amended. The goals and objectives of this Urban Renewal Plan are consistent with the goals and land use policy contained in the Zoning Ordinance and Comprehensive Plan, which were identified and adopted as part of the planning process. Current Zoning The Project Area's present zoning designation is ID-ORP, Interim Development -Office Research Park, and is consistent with this Urban Renewal Plan. The proposed zoning, whether Office Research Park (ORP) or Research Development Park (RDP), is also consistent with this Plan. Current and Proposed Land Uses The area is comprised of approximately 243 acres of developable land. The proposed land uses include commercial, industrial, office, research, light production, and/ or assembly purposes, which are consistent with the proposed zoning. 9. Relocation of Families Though the Moss Green Urban Village Urban Renewal Plan does not anticipate the need to relocate families, as there is no current residential area within the Plan, in the event that such needs arise the City will consider provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. 7 10. Financial Data 1. Constitutional Debt Limit: $ 218,695,116 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. It is estimated that the City's cost for initial anticipated projects discussed herein will be in the $10 to $15 million range. 11. Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time to include change in the area, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. 12. Property Acquisition/Disposition Other than easements and right-of-ways, no property acquisition by the City is anticipated. 13. Consents to Include Agricultural Land As the Moss Green Urban Village Urban Renewal Area contains land that is being used for agricultural purposes as defined by Iowa Code Section 403.17(3), the property owners of such land have executed consents to allow the City to include real property defined as "Agricultural Land" within the Urban Renewal Area. These Consents are attached as Addendum No. 3. 8 14. Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. With respect to any property covered by this plan which is included in an ordinance which designated that property as a tax increment area, the use of incremental property tax revenues, or the "division of revenue', as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any grants, loans, advances, indebtedness or bonds which qualify for payment from the incremental property tax revenues attributable to that property. However, the use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. 9 Addendum No.1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. 10 N Moss Green Urban Village - Addendum No. 3 Property Owners' Consents to Include Agricultural Property Within Proposed Urban Renewal Project Area 12 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Neal N. Llewellyn, is the owner of an undivided one half interest in the real estate described as Parcel ID Numbers 0736251001 and 073627600- and legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 403.17(10} of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss- Green Urban Village. Dated this ~ day of .-Qarch, , 2010 . s Neal N. Llewel yn, S`I'A7'F OF IOWA )SS: COUNTY OF JOHNSON ) ri This instrument was acknowledged before me on Ma~~~h ~ 2010 by Dlea'_.. N. Llewellyn. S Notary Public in and for the State of Iowa KATHERINE A. CHRISTENSEN Commission Number 108A32 Commission ~xpir~ ~. Zd/0 EXHIBIT "A" The Southwest Quarter of the Noxtk~west Quartex of sect~.on 36, Township SO North, Range ~ G West of the Fift-h Princa.pal Meridian, Johnson. County, xowa and that portion cif the Southeast Quarter of the Nouthwest Quarter of •Section 36,. Township 80 forth, Range 6 West of the Fifth~Principal Meridan, Johnson County, Towa lying West of Sowa Highway 1 (North Dodge Street) containing 71.35 acx',es, more or less.. S~age~ 1 of 2 EXHZBTT "A". I ~ • t~ i i r i i -~ t k ..,. i IL -~ --~ ~~ ~~ ~~ ~• ~ ~ ~ ..5 ~ ~ ~~ ~~ ~~ ~~. ' Y ~~~~ ~ ~ ~ • sr,~~~r Y~ .. . . m ~~ ~. ~~ ~r - .. 4 gage 2 of 2 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Hills Bank and Trust Company as Trustee of the Otologic Medical Services, PC 401(k) Profit Sharing Plan F/B/0 Guy E. McFarland, is the owner of an undivided one half interest in the real estate described as Parcel ID Numbers 0736251001 and 0736276001 and legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 403.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss- Green Urban Village. ~ ~~~ Dated this ~J day of ~, 2010. HILLS BANK AND TRUST COMPANY, AS TRUSTEE OF THE OTOLOGIC MEDICAL SERVICES, PC 401(K) PROFIT SHARING PLAN F/B/O GUY E. MCFARLAND By: ~~ Brian R. Globokar, Trust Officer ~~ STATE O F I OWA ) o ~,AC ~``s My Com~mtssionExpires COUNTY OF JOHNSON ) ~owi• CommissbnN73o893 A~Or~ l This instrument was acknowledged before me on ~ S , 2010 by Brian R. Globokar as Trust Officer of Hills Bank and Trust Company as Trustee of the Otologic Medical Services, PC 401(Kj Profit Sharing Plan F/B/O Guy E. McFarland. Notary u is in and for the State of Iowa kam/LLC/Eao9Partner/ConsentNills EXHIBIT "A" The Southwest Quarter ox the No~:thwest Quarter of SeCtiion 36, 'township 80 North, Range' 6 West of the ~ifGh Princa.pal. Meridian, Johnson County, xowa and that portion of the Southeast Quarter of the Northwest Quarter of •Section 36,. Township 80 North, Range 6 West of the ~'i~th~Principa~. Meridan, Johnson County, Towa lying west of Tvwa gighwajr 1 (North Dodge Street) containing 71.35 acx'es, more or less.. ~age~ 1 of 2 EXHIBYT Tr~rr ' !~ T i t s e t , i 1 ti ;. i ~~ ~~ ~E !~ ~ ~~ ~- 0 N~krN~oGFSTR~ 8~ _ 4~ ~aBa 2~of 2 , CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Stephen A. Moss and David G. Moss, are the owners of real estate legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 403.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss- Green Urban Village. Dated this ,~Q day of ~` , 2010. Stephen A. oss %`~ Sony Moss STATE OF IOWA ) }SS: COUNTY OF JOHNSON ) This instrument ~'Ylrxc_.2 ~7 _ , 2 010 f ,~~P+ `aF LAUREN E. JAHNS _ ~ Commission Number 759416 My C mmiss'on Aires ~oWP S _~~.:_. )SS: COUNTY OF ~pULiDC`~- } David G. Moss ~~~ Ja et A. Moss was acknowledged before me on Stephen A. Moss. ~~ ~ N~ ry Public in and for the State of Iowa This instrument was acknowledged before me on ~~, ~j~` , 2010 by David G. Moss. 4 •.• '• c ~r~s~ `1 Z~ zoi3 ~:•n10TARY otary Public in and for .,,. the State of Colorado ~ : ~ ~~ ct~ ~•. PUBLIC ~ o 9~F ~F.CO~OQ STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the day of CYiG~~ 2010, by Sonya S . Moss . WUREN E. JAHNS ,g~Commission Num ~~16 oW ~ r. STATE OF COLORADO ) )SS: COUNTY OF Liu\d~-f ) Lary Public and for the State of Iowa This instrument was acknowledged before me on the ~p~'" day of n ( , 2010, by Janet A. Moss . ~V~'~NOTARY'y:~ N~;•., PUBUC 9rFOF C `1~~~ ~ m~ Ccynm ~s Sum ex p~ v~~ . ~ p~k 2 `j rt" , 2C (`3 Notary Public in and for the State of Colorado kam/DSCD/Corp/MossgreenDevelopment/ConsentSteve Exhibit "A" All that part of the east half of the southeast quarter of Section 35, Township 80 North, Range 6 West of the 5~h P.M. lying north of the northerly right-of-way line of Interstate Highway 80. Page 1 of 2 EXfiIBIT "A" f i i I. i i i e 3' t i i •. gage 2'of 2 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Moss Farms, Inc., is the owner of real estate legally described on Exhibit ~~A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 403.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule '~A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss- Green Urban Village. Dated this '~~'day of ~~~ 2010. MOSS F , NC. /~ _i Stephen A. Mos"s, President STATE OF IOWA COUNTY OF JOHNSON )SS. This instrument ~~ 2010 Moss Farms, Inc. 4~, `~F K4A4b~EE°';' a~:T~JPCJ~ELLER = y Cammissian Number 727030 my C 'ss'on Expires oW~ was ackncwledged before me on by Stephen A. Moss as President of ~ f ~ / r j ~ Not ry Public in and for thy` Stat of Iowa EXHIBIT "A" A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four ( 4) , Five ( 5 ) and Ten (10 ) and the South nine ( 9 ) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth. Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of th.e Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West -Half of the Southeast Quarter lying North of the Interstate 80 Right- of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46"East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of- Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731..77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast. Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North Line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal, Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the point of beginning, containing 111.22 acres, more or less. Page 1 of 2 i t i. }_ i . 3 EXIiiBIT "Arr • ~~ 5 op a ~ y ~~ ~ ~ ~~ s~ y o'0 ~~ ~ ~~ ~ $B ~o • .ro w8 .' . ~~R~y ~ Da~~ .~ ~ ~sT~~~ ~~ .o C? ~ 6 ~~ P~ .. ~~ ~~.. ~ _ .~ m gaga 2 of 2 N Moss Green Urban Village - ~,~ni+nr~f D~~n ~ Future Oakdale Boulevard Addendum No. 2 Moss reen Urban Village Urban Ren~wal Project Area Map ~ i ._.: ~ ~ _`~.'. .. •~tr :SFr ...t..:^~~_.-,r ~~:.:_~ '•~ X r •.. ~~:r~R*,ad': ; ~,.•- "'r:. `.~ , i? ::.5:,~:,• ::rya;-. u r ~ . . }..~ ~ `. I i:' ~~ .,ay ,• ..,tip}' 4./ {~+~:fi ~i3 Fjt.":'~'~}S:. 1 '} •~~ 1 r~~• {ice r`` r . r- ' '`° ` ?~. ~,~ ~ ,--. C~i ~~. ~ ~h~~~; ~ C~~D f'. ~ '~i '"'may O iU ~~ '~ 3 ~j '~~ ~'~ 1I ~ I ti•~" Q ~ 41 ~r.,9c!• y ~•. ~ r ,;~ .• a . ~, h~ ~~'. 1 ~~ 11 EXHIBIT A Most, Green Urban illage Urban Ren w 1 Plan CITY OF IpWA CI ,IOWA APRIL, 2010 Table of Contents Section 1-Introduction Section 2 -District Designation Section 3 -Base Value Section 4 -Urban Renewal Plan Objectives Section 5 -Description of Urban Renewal Section 6 -Type of Urban Renewal Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Use Policy an Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Section 12 -Property Acquisition/ isposition Section 13 -Consent to Include Qricultural Land Section 14 -Effective Period Addendum No.1-Legal scription Addendum No. 2 - Mos Green Urban Village Urban Rene al Project Area Map Addendum No. 3 -Agricultural Land Consents 2 1. Introduction ................. . This Urban Renewal Plan has been developed to help local officials j development in Iowa City, Iowa. The prim goal of the plan is to public involvement and commitment, rivate investment in new industrial development. The goals outlined in this Moss Gre Urban Village Urban Renewal following, which are also goals inclu ed in the Iowa City Compreher as amended: • Diversify and increase the prop rty tax base by (1) encc expansion of existing industry nd (2) attracting ind potential and are compatible wit existing businesses; • Increase employment opportuniti consistent with the • Provide and protect areas suita le for future i~ development; • Cooperate with local and regi development within Iowa City; • Improve the environmental and ec efficient use of resources; and • Consider financial incentives and goals. economic ~, through rcial and include the Plan - 1997, the retention and that have growth available labor force; ustrial and commercial to promote economic of the community through the to facilitate achieving the above In order to make development sites ,.~ttrac ve to new and expanding firms, communities are frequently called upon o provi e financial incentives and programs. Other development sites in the regi ,which beady cater to commercial, office, research, light production, and asse ly uses, ma~Ce tax increment financing available to qualifying businesses. As is con~'istent with the'Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial, office and research development zoned land in order to provide competitive development situ for commercial, office; research, light production and/or assembly uses. To assist:' with ensuring that this type of development site is competitive, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within~,khe Moss Green Urban Village Urban Renewal Plan Area, referred to hereafter;%~in this Plan as the Urban Renewal Project Area or Area. In addition, the City npiay make available the use of tax increment financing to provide direct grants, loamor rebates for qualifying businesses planning to locate in the Urban Renewal Project area. 3 To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. 2. Dis With the adoption of this plan, Iowa City economic development district that is app development. Designation (~ 1 designate this Urban Renewal Area as an riate for commercial and industrial 3. Bash Value If the Moss Green Urban Village Urban Renew certified prior to December 1, 2010, the taxable January 1, 2009 will be considered the "base va a later date, the "base value" will be the assess Urban Renewal Area as of January 1 of the calf which the City first certifies the amount of any 4. Urban Renewal The overall goal of the Moss Green Urban and execute a workable program using pu Urban Renewal Project Area for uses gen research park zones. Renewal activities incentives and sites for commercial an development in the Urban Renewal Area ' cl Objectives ;~' rban Renewal Plan is to formulate an private resources to develop the y al owed in commercial, office and desi ed to provide opportunities, .stria development. Objectives for ude: • To encourage and support devel pment that will xpand the taxable values of property within the Urban Renew 1 Project Area; • To plan for and provide su icient land for new commercial and industrial development in a manner that 's efficient from the stand oint of providing services; • To help finance the cos of constructing street nd other infrastructure improvements to support n development; • To stimulate, through p lic action and commitment, pr vate investment in new commercial and industri development; • To encourage and supp rt development that will result in job reation; • To encourage the use f green technologies in infrastructure velopment, land use and new buildings; • To encourage t development of start-up firms and the attraction of new businesses; • To provide for the orderly physical and economic growth of the ci ; Area is legally established and debt is iluation within the'district as of ation". If the debt is not certified until value of the taxable property in the ~ar year preceding the calendar year in 4 • To enhance the availability of sites to accommodate the construction of industrial, commercial, office, research park and associated uses; • To assist with the provision of infrastructure to enable competitive land prices and lease rates and thereby provide a more marketable and attractive investment climate; • To make public improvements as deemed necessary by the City to support new industrial, commercial, office, research ark and associated uses; an • To provide financial incentives and assistance to qualifying busine ses. 5. Description of U ban Renewal Are The legal description of this proposed Urba Renewal Proje Area is included in the Plan as Addendum No.1 -Legal Description. The location and general boundaries of the ] Plan Area are shown on Addendum No. 2 - Urban Renewal Project Area. This area is app Gree rban Village Urban Renewal do ap: Moss Green Urban Village i ly 243 acres. 6. Types of Urban a1 Activities To meet the objectives of this Urban Renew Plan nd to encourage the development of the area, the City intends to utilize the p veers co erred under Iowa Code Chapters 15A and 403 (2009) and financial incenti es, includi g, but lot limited to, tax increment financing. Activities may include: 1. To undertake and carry ut urban renewal projects though the execution of contracts and other ins uments. 2. To make or have m de surveys and plans n cessary for the implementation of the Urban Rene al Plan or specific urban re ewal projects. 3. To make loans forgivable loans, grants, or bates to private persons or businesses fo economic development purpos on such terms as may be determined y the Iowa City Council, in its sole 'scretion. 4. To provicjk for the installation of infrastructure and~roadway improvements. 5. To use,~ny or all other powers granted by the Urbar~Renewal Act to develop and p ovide for improved economic conditions in Io a City. 6. To encourage the incorporation of energy efficient bu ding techniques such as those specified in the Iowa Green Building Standar s, or those attaining 5 LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. 7. Proposed Projects Proposed projects involve activities necessary t facilitate growth in the Urban Renewal Area and provide incentives to encourage ne development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing dir t or indirect financial incentives to private persons or businesses as incentives to locat in the Area. Private Site Improvements Lot development may include, but is not limiter buildings and building additions, grading for bui paving and parking; landscaping; and on-site utilitie granted to be used by qualifying businesses to fi Businesses incorporating energy efficient building tE the Iowa Green Building Standards, or those att. eligible for additional tax increment financing, in the to, desi and construction of ing con truction and amenities; Taxi rement financing may be once rivate site improvements. ni es such as those specified in u LEER certification may be discretion of the City Council. Public Infrastructure Improvements Public infrastructure improvements may inch and sidewalks, sanitary sewers, storm sewers, improvements. Tax increment financing ma these improvements, at the City Council's sc bu are not limited to, public streets Ater istribution mains and open space avail ble to finance the construction of Financial Incentives At the City Council's discretion, taxi crement financin may be available for providing direct grants, loans, or rebates fort ose qualifying busi esses engaged in commercial, industrial, office, research park d associated use ac 'vities allowed in the Urban Renewal Project Area. The funds from the direct grants, oans, or rebates may be used for, but are not limited to, f' ancing the public and private site improvements. Qualifying businesses and imp vements shall be determi d by the City Council in its sole discretion. , 6 S. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part oft -area near the I-80 interchange with Highway 1. The Iowa City Comprehensive Pla~i states that this area... i ...provides one of the few opportunities for office research park d elopment in Iowa City. National Computer Syste s (now Pearson) (wit in the North Corridor Planning District) and ACT outh of I-SO in the orth Corridor Planning District) are successful examples of this type of devel pment. With the tone set by these two companies and the a vantages of inter ate exposure, land around this interchange should continue to e preserved fo office research park and research development park opportunitie . Iowa City has a general plan for the physical develc the Iowa City Zoning Ordinance and the Iowa Ci amended. The goals and objectives of this Urban R. goals and land use policy contained in the Zoning C which were identified and adopted as part of the pla t o the City outlined in both rehensive Plan - 1997, as Plan are consistent with the ice and Comprehensive Plan, process. Current Zoning The Project Area's present zoning designa Research Park, and is consistent with this whether Office Research Park (ORP) or , consistent with this Plan. ID-ORP, terim Development -Office t Renewal Plan. The proposed zoning, °ch Devel ment Park (RDP), is also Current and Proposed Land Uses The area is comprised of approximately 243 acres of develo b1E land uses include commercia)ti'~ industrial, office, research, 1 gh~ assembly purposes, which art"consistent with the proposed zo inl 9. Relocation of Families Though the Moss Green Urban Village Urban Renewal Plan c need to relocate families, as there is no current residential area event that such needs arise the City will consider provisions for th including families;' business concerns and others who could be d: improvements tq'be made in the designated Urban Renewal Project ~.e._.._ land. The proposed production, and/ or es not anticipate the ithin the Plan, in the relocation of persons, anlaced as a result of 7 10. Financial Data 1. Constitutional Debt Limit: $ 218,695,116 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a p oject proposal on a case-by-case basis to determine if it is in the City's be interest to participate. It is estimated that the City's cost for initial anticipate projects discussed herein will be in the $10 to $15 milli n range. 11. Urban Renewal Plan This Urban Renewal Plan may be amended from time ~ area, to add or change land use controls or regulations, renewal activities, or to amend property acquisition an• If the City of Iowa City desires to amend this Urban providing public notice, holding a public hearing or undertaking other required actions, all in conform laws. , i 12. Property Acq~sition,/Dis Other than easements and right-of-ways,/n~ property anticipated. ~~ 13. Consent~t~ Include Agricul include change in the fy goals or types of ition provisions. 1 Plan, it may do so after posed change, and applicable state and local ition by the City is Land As the Moss Green Urban Villa rban Renewal Area coma' land that is being used for agricultural purposes as de d by Iowa Code Section 403.1 (3), the property owners of such land have exe ed consents to allow the City to i clude real property defined as "Agricultural La 'within the Urban Renewal Area. hese Consents are attached as Addendum No ,~. 8 14. Effective Pei This Urban Renewal Plan will become effective Iowa City and will remain in effect as a plan u With respect to any property covered by this 1 which designated that property as a tax incre tax revenues, or the "division of revenue", as the Code of Iowa, is limited to twenty (20) ye r calendar year in which the City first certifies o grants, loans, advances, indebtedness or bon s incremental property tax revenues attributabl tax increment financing revenues (including t indebtedness or bonds which qualify for pay in Section 403.19 of the Code of Iowa) by the C Urban Renewal Plan shall be limited as deeme consistent with all applicable provisions of law. ipon its adoption li the City Council of .1 it is repealed by t e City Council. n which is include in an ordinance ent area, the use of i cremental property hose words are use in Chapter 403 of s from the calenda year following the the County Aud' or the amount of any which qualify f r payment from the to that proper .However, the use of e amount of ants, loans, advances, ent for the ivision of revenue provided ty for act' ities carried out under the appro riate by the Council and 9 Addendum No.1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: ' MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter f Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Jo son County, Iowa, a recorded in Plat Book 1 at Page 11 in the Records of the Johnson ounty Recorder, Jo on County, Iowa, more particularly described as follows: L is Four (4), Five (5 and Ten (10) and the South nine (9) acres of Lot Six (6), and the S uth 12-1/2 acres Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 8 orth, Range 6 West of the Fifth Principal Meridian, Johnson County, I wa, containin 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a p rt of the S theast Quarter of the Southeast Quarter lying North of the Interstate 80 Rig t-of-Way ine and the East 63.75 acres of the West Half of the Southeast Quarter lying orth the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 Nort , Ra e 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more par 'cul rly described as follows: BEGINNING at the East Quarter Corner of Section ,Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson Coun ,Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet t e North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right- -W line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of- ay line f Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,02 .65 feet tot e North line of the Southeast Quarter of said Section 35, Township North, Ran 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said No h line of the Sout east Quarter of Section 35, Township 80 North, Range 6 West of the fifth Principal Meri ian, Johnson County, Iowa, a distance of 2,376.88 feet to the POI T OF BEGINNING, c ntaining 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. L EWELLYN: The Southwest Quarter of the of the N thwest Quarter of Section 6, Township 80 North, Range 6 West of the Fifth rin pal Meridian, Johnson Coun ,Iowa and that portion of The Southeast Quart of e of the Northwest Quarter of ection 36, Township 80 North, Range 6 est the Fifth Principal Meridian, Jo son County, Iowa lying West of Iowa Hig ay (North Dodge Street) containing 1.35 acres, more or less. 10 Addendum No. 2 Moss Green Urban Village Urban Renewal Project Area Map i i ' ' - !'} ~ I•. ..Yt`. N~~~..•5~'~c~*tlr~.:.,ti~ni ~~~r~,' ~ ~~ •1 ~` •: S:(l:r'. _;ly.~.~. .,,fit ~ k 1 •I .r;iy'`,- .,..~ ^~t.••.•` ink •~^ ~ ' IF I~.~J, _ ~'li'~" t' _ ~ _ ,t~ k rr:.:,.. ~ - .••'.S y._.,',`s-ti ~:~.~~_ ='~, pis ; r. ~ T I ?3~ I~ ~ 1( '?.`1 i n a. ~ ~~'~~` 4 ~ ~ N ~ 4 ~ ,I ~ T. 41 ~~ ~•t ;I ~ +3r~ .~- i _ '~" 7:'i ` ~T~+X4 ~ 1 /' +i~• ;fit ''_ `, 11 Addendum No. 3 Property Owners' Consents to Include Agricultural Property Within Prop 12 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Neal N. Llewellyn, is the owner of an undivided one half interest in the real estate described as Parcel ID Numbers 0736251001 and 0736276001 and legally described on Exhibit "A" attached hereto and by this reference incorporated herein, The undersigned, pursuant to the provisions of Chapter 403.17{10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss- Green Urban Village. ~P~-!~, Dated this ~ day of ~, 20 Neal N. Llewellyn, STATE Off' IOWA ) SS: COUNTY OF JOHNSON ) ' This instrument caas~~ acknowledged afore me on 4~ -e~~ h ~ , 2010 by Aleal. N.~Llewellyn. ~~ ~ Notary Public i and for the State o Iowa A. CHRIS'. i Number EXHTBTT "A" The Southwest Quarter of the ] 36, Township 80 North, Range~6 Meridian, Johnson County, xow Southeast Quarter of the Nortx Township 80 North, Range 6 ~ti Meridan, Johnson County, Iowa (North Dodge Street) containing ¢rthwest Qixarter of Section West of the Fift-~ Principal and- that portion ci£ the rest Quarter of ection 36,. st of the Fift ~ Princ~.pai Ping West of To a Highway 1 71..35 acxes, mo a or less.. Page ~ 1 of 2 r i 1~ 1 i i i i i I i. i t .; i• ' ,. EXHIBIT "A". gage 2 of 2 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Hills Bank and Trust Company as Trustee of the Otologic Medical Se vices, PC 401(k) Profit Sharing Plan F/B/0 Guy E. McFarl nd, is the owner o an undivided one half interest in the real estate describ d as Parcel ID Numbers 0736251001 an 0736276001 and 1 Bally described on Exhibit "A" attac ed hereto and by this reference incorporated herein. The undersigned, pursuant to he provision 403.17(10) of the Code of Towa, does hereby inclusion of the real estate described on Sche the Economic Development Urban Rene al Area pur urban renewal plan for the area to be design Green Urban Village. Dated this 5 day of ~i, 2010. HILLS BANK AND TRUST COMPANY, AS TRUSTEE OF THE OTOLOGIC MEDICAL SERVICES, PC 401(K) PROFIT SHARING PLAN F/B/O GUY E. MCFARLAND By: Brian R. Globokar, Trust Off' er s o Chapter c nsent to le "A" in uant to the ed as Moss- STATE OF IOWA ) oP~,Q~> t3 t.~'lot:nts S S : Z ~- ~' must ~ Expttes COUNTY OF JOHNSON ) ~oWn Comm n#73o893 ~,o.,i This instrument wa acknowledged be ore me on t9~re~a S , 2010 by Brian R. lobokar as Trust fficer of Hills Bank and Trust Compan as Trustee of the Otologic Medical Services, PC 401(K) rofit Sharing Plan 8/O Guy E. McFarland. ~\ 1\ Notary u is in a d for the State of Iowa kam/LLC/Eco9Partne=/ConsentHills EX~TBTT "A" The Southwest Quarter of the Northwest Quarter of Section 36, Township 80 North, Range ~ 6 West of the Fift-h Princip Meridian, Johnson County, zowa and that portion of he Southeast Quarter of the Northwest Quarter af•Sectio 36,. Township 80 North, Range 6 West of the Fifth 'p ncipaX Meridan, Johnson County, Iowa lying West of Iowa ighway' 1 (North Dodge Street) containing 71.35 acx~,es, mor or iess.. 1 ~age~ x of 2 .~ ~4 E ' r t i' r r I i i t i 2 y i~ ,~ i EXHIBYT rr~rr ~aHe 2~of 2 ~~ CITY Moss Green Urban Village ,, Plan OWA Table of Contents Section 1 -Introduction Section 2 -District Designation Section 3 -Base V Section 4 -Urban Rene al Plan Objectives Section 5 -Description of an Renewal Area Section 6 -Type of Urban Rene al Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Us olicy nd Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Ame dments Section 12 -Property Acquisition/ D' position Section 13 -Consent to Include A icultural Land Section 14 -Effective Period Addendum No. 1 -Legal Desc iption Addendum No. 2 -Moss Gr en Urban Village Urban Renewal Pr 'ect Area Map Addendum No. 3 - A~ricidltural Land Consents 2 1. Introduction This Urban Renewal Plan has been developed to help local officials promote economic development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in new commercial and industrial development. The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the following, which are also goals included in the Iowa City Comprehensive Plan - 1997, as amended: \ • Diversify and increase th property tax base by (1) encouragi g the retention and expansion of existing in stry and (2) attracting industr' s that have growth potential and are compatibl with existing businesses; • Increase employment oppor ities consistent with the vailable labor force; • Provide and protect areas itable for future dustrial and commercial development; • Cooperate with local and re 'oval organi tions to promote economic development within Iowa City; • Improve the environmental and eco omic h alth of the community through the efficient use of resources; and • Consider financial incentives and pr ms to facilitate achieving the above goals. In order to make development sites ttrac 've to new and expanding firms, communities are frequently called upon o provi e financial incentives and programs. Other development sites in the regi ,which a ready cater to commercial, office, research, light production, and asse ly uses, ma tax increment financing available to qualifying businesses. As is con istent with the 1'pwa City Comprehensive Plan, the City has concluded it is in the in rest of its citizen to encourage the development of commercial, office and resea ch development zoned land in order to provide competitive development site for commercial, office, research, light production and/ or assembly uses. To assis with ensuring that this type of development site is competitive, the City inte ds to make available the use of tax increment financing as a means to finance the nstruction of some of the necessary public infrastructure improvements within the Moss Green Urban Village Urban Renewal Plan Area, referred to hereafte in this Plan as the Urban Renewal Project Area or Area. In addition, the City ay make available the use of tax increment financing to provide direct grants, loa s or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. 3 To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. 2. District Designation With the adoption of this plan, Iowa City will designate this rban Renewal Area as an economic development district that is appropriate for comm rcial and industrial development. 3. Base Value If the Moss Green Urban lage Urban Renewal Area certified prior to December 1, 010, the taxable valuati January 1, 2009 will be conside d the "base valuation a later date, the "base value" wil e the assessed val Urban Renewal Area as of January of the calendar which the City first certifies the amo t of any de s/legally established and debt is ~~ within the district as of . If the debt is not certified until of the taxable property in the ~r preceding the calendar year in 4. Urban Renewal Pjfan Objectives The overall goal of the Moss Green Urban ' lage Urban Renewal Plan is to formulate and execute a workable program using p 'c and private resources to develop the Urban Renewal Project Area for uses g era allowed in commercial, office and research park zones. Renewal activiti are esigned to provide opportunities, incentives and sites for commercial d Indust ial development. Objectives for development in the Urban Renewal Ar include: • To encourage and support dev opment that will ~xpand the taxable values of property within the Urban Rene al Project Area; • To plan for and provide s ficient land for new mmercial and industrial development in a manner that s efficient from the standp 'nt of providing services; • To help finance the cos of constructing street an other infrastructure improvements to support n development; • To stimulate, through pu is action and commitment, priva investment in new commercial and industria development; • To encourage and supp t development that will result in job crea ~on; • To encourage the use green technologies in infrastructure develo ment, land use and new buildings; • To encourage the development of start-up firms and the attraction of new businesses; • To provide for tl~e orderly physical and economic growth of the city; 4 • To enhance the availability of sites to accommodate the construction of industrial, commercial, office, research park and associated uses; • To assist with the provision of infrastructure to enable competitive land prices and lease rates and thereby provide a more marketable and attractive investment climate; • To make public improvements as deemed necessary by the City to support new industrial, commercial, office, research park and associated uses; and • To provide financial incentives and assistance to qualifying businesses. 5. Description of Urban Renewal Area The legal description of this pr~osed Urban Renewal Project Area is included in the Plan as Addendum No.1 -Legal escription. The location and general boundaries f the Moss Gr en Urban Village Urban Renewal Plan Area are shown on Addendum . 2 - Locati n Map: Moss Green Urban Village Urban Renewal Project Area. This area is pproxi tely 243 acres. 6. Types of Urban~Ze~(ewal Activities To meet the objectives of this Urban Renew an and to encourage the development of the area, the City intends to utilize the p wer conferred under Iowa Code Chapters 15A and 403 (2009) and financial incentiv s, incl ding, but lot limited to, tax increment financing. Activities may include: 1. To undertake and carry o urban renew projects though the execution of contracts and other instru ents. 2. To make or have made surveys and plans ne essary for the implementation of the Urban Renewal lan or specific urban ren wal projects. 3. To make loans, fo ivable loans, grants, or re tes to private persons or businesses for ec omic development purposes n such terms as may be determined by th Iowa City Council, in its sole dis etion. 4. To provide for~fhe installation of infrastructure and rdadway improvements. 5. To use any~r all other powers granted by the Urban Renewal Act to develop and prop de for improved economic conditions in Iowa City. 6. To encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining 5 LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. 7. Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. P Private Site Improvements Lot development may include, t is not limited to, design and of buildings and building additions, rading for building construe 'nand amenities; paving and parking; landscaping; an on-site utilities. Tax incre ent financing may be granted to be used by qualifying bu finesses to finance p ' ate site improvements. Businesses incorporating energy efficien building techni es such as those specified in the Iowa Green Building Standards, or those attai g LEED certification may be eligible for additional tax increment finance g, in th ole discretion of the City Council. Public Infrastructure Improvements Public infrastructure improvements may ncludr and sidewalks, sanitary sewers, storm veers, w improvements. Tax increment finan ng may be these improvements, at the City C ncil's discrei but are not limited to, public streets ~r distribution mains and open space Bailable to finance the construction of Financial Incentives At the City Council's des etion, tax increment financing direct grants, loans, o rebates for those qualifying busin industrial, office, research park and associated use acti Renewal Project Area. The funds from the direct grants, 1 for, but are not limited to, financing the public and Qualifying businesses and improvements shall be determi. sole discretion. y be available for providing ses engaged in commercial, Mies allowed in the Urban ns, or rebates may be used ~ ivate site improvements. by the City Council in its 6 8. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area near the I-80 interchange with Highway 1. The Iowa City Comprehensive Plan states that this area... ...provides one of the few opportunities for office research park development in Iowa City. National Computer Systems (n w Pearson) (within the North Corridor Planning District) and ACT (sout of I-80 in the North Corridor Planning District) are successful examples of is type of development. With the tone set by the two companies and the ad antages of interstate exposure, land around this rote hange should continue to e preserved for office research park and research deve ment park opportun' ies. Iowa City has a general plan or the physical evelopment of the City outlined in both the Iowa City Zoning Ordina ce and the I wa City Comprehensive Plan - 1997, as amended. The goals and objecti es of this rban Renewal Plan are consistent with the goals and land use policy containe in th oning Ordinance and Comprehensive Plan, which were identified and adopted a pa t of the planning process. Current Zoning The Project Area's present zoning d signat n is ID-ORP, Interim Development -Office Research Park, and is consistent th this ban Renewal Plan. The proposed zoning, whether Office Research Park ( RP) or Res arch Development Park (RDP), is also consistent with this Plan. Current and Proposed Land ses The area is comprised of a proximately 243 acres of evelopable land. The proposed land uses include comm cial, industrial, office, rese rch, light production, and/or assembly purposes, whic are consistent with the propos d zoning. 9. Relocation of Families Though the Moss Green Urban Village Urban Renewal Plan oes not anticipate the need to relocate families, as there is no current residential area 'thin the Plan, in the event that such needs arise the City will consider provisions for the r ocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. 7 G'~2~ ~~~~"e~/is~al 3~~~ 10. Financial Data 1. Constitutional Debt Limit: $ 218,695,116 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebte ness to be incurred: increment debt to be incurred including direct gr~ indebtedness, or bonds) for pr 'ects over time has City Council will consider each quest for financi~ proposal on a case-by-case basis t determine if it ' participate. It is estimated that the ity's cost for discussed herein will be m the $10 to ~" 11. Urban Renewal This Urban Renewal Plan may be amended from area, to add or change land use controls or regul~ renewal activities, or to amend property acqui t: ~R«R~~-~~~r ~ . ~ ~~y ~sz, 645 C-~tc~ t1tTK»-l ~ea..oo A s ecific amount of tax ant ,loans, advances, n t yet been determined. The assistance or a project in the City's best interest to nitial anticipated projects ange. ndments to time to include change in the to modify goals or types of id disposition provisions. If the City of Iowa City desires to amend thi Urban R ewal Plan, it may do so after providing public notice, holding a public h aring on th proposed change, and undertaking other required actions, all in onformance 'th applicable state and local laws. 12. Property Acquisition/Disp sition Other than easements and right-of- ays, no property acquisit n by the City is anticipated. 13. Consery~s to Include Agricultur As the Moss Green Urban Villa e Urban Renewal Area contains la d that is being used for agricultural purposes as de fined by Iowa Code Section 403.17(3 the property owners of such land have ex uted consents to allow the City to fine de real property defined as "Agricultural La d" within the Urban Renewal Area. Th e Consents are attached as Addendum No. 3. 8 10. Financial Data 1. Constitutional De~t Limit: $136,552,095 2. Current general obligation debt: $ 84,995,000 f / ;~ ,i~ 3. Proposed amount of indebtedness to be incurred: A s~ecific amount of tax increment debt to be incurred (including direct grarkt~s, loans, advances, indebtedness, or bonds) fof: projects over time has,riot yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. It is estimated thati~,the City's cost for initial anticipated projects discussed herein will be in the $~,0 to $15 m,i~lion range. 11. Urban Renewal P~Yan Amendments This Urban Renewal Plan may be amended~~om time to time to include change in the area, to add or change land use controls o~r`regulations, to modify goals or types of renewal activities, or to amend property (acquisition and disposition provisions. If the City of Iowa City desires to amgfid this Urban Renewal Plan, it may do so after providing public notice, holding a p~riblic hearing bn the proposed change, and undertaking other required actions;' all in conformance with applicable state and local i laws. ,' 12. Pxoperty Acquisition~isposition ., ~, Other than easements and right-of-ways, no property acquisition by the City is anticipated. `~ 13,: Consents to Include Agricultural Land As the Moss Green-Urban Village Urban Renewal Area contain~,land that is being used for agricultural purposes as defined by Iowa Code Section 403.1 3), the property owners of such land have executed consents to allow the City to in Jude real property defined as "Aggricultural Land" within the Urban Renewal Area. T se Consents are attached as l~ddendum No. 3. 8 14. Effective Period This Urban Renewal Plan will become effective upon its adop ion by the City Council of Iowa City and will remain in effect as a plan until it is repeal d by the City Council. With respect to any property covered by this plan which is i eluded in an ordinance which designated that property as tax increment area, the se of incremental property tax revenues, or the "division of rev ue", as those words a e used in Chapter 403 of the Code of Iowa, is limited to twenty 0) years from the c lender year following the calendar year in which the City first cert' ies to the County Auditor the amount of any grants, loans, advances, indebtedness orb nds which qu ify for payment from the incremental property tax revenues attribute le to that pr perty. However, the use of tax increment financing revenues (including e amoun of grants, loans, advances, indebtedness or bonds which qualify for paym t for t e division of revenue provided in Section 403.19 of the Code of Iowa) by the Cit for ctivities carried out under the Urban Renewal Plan shall be limited as deemed a priate by the board and consistent with all applicable provisions of law. 9 Addendum No.1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particular described as follows: Lots Four (4), Fi e (5) and Ten (10) and the South nine (9) acres f Lot Six (6), and the South 12-1/2 res of Lot Eight (8), all of the subdivision of North ast Quarter of Section 35, Towns ip 80 North, Range 6 West of the Fifth Principal Meridi n, Johnson County, Iowa, co aining 60.67 acres, more or less; and All of the Northeast Quarter of the So the Southeast Quarter lying North of t 63.75 acres of the West Half of the Sou Right-of-Way line, all of said Section 35, ownshi Principal Meridian, Johnson County, Iowa, being follows: BEGINNING at the East Quarter C ner Range 6 West of the Fifth Principal Meridian, oh THENCE South 00°46'46" East, a distance of 1, of Interstate 80; THENCE South 82°24'15" West, along the N th ] east Quarter, a part the Southeast Quarter of Interstate 80 Right- f-Way line and the East past Quarter lyin orth of the Interstate 80 distance of 646.23 feet; p 80 N th, Range 6 West of the Fifth mor particularly described as of coon 35, Township 80 North, z n County, Iowa; . 4 feet to the North Right-of-Way line -of-Way line of Interstate 80, a THENCE continuing west along the No Right-of- ay line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 et; THENCE North 00°54'55" West, a ' tance of 2,023.65 f et to the North line of the Southeast Quarter of said Sectio 5, Township 80 Nort Range 6 West of the Fifth Principal Meridian, Johnson C nty, Iowa; THENCE South 89°41'57" E ,along said North line of th Southeast Quarter of Section 35, Township 80 North, R ge 6 West of the Fifth Princip Meridian, Johnson County, Iowa, a distance of 2,376 8 feet to the POINT OF BEGIN ING, containing 111.22 acres, more or less; and HILLS BANK & TRU T and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. 10 Addendum No. 2 Moss Green Urban Village Urban Renewal Project Area Map .. :( • ,I; ~~~~^ ~ .. m t ~ <~~ . • .-~.:~- ~~ .... ~•~; :, ~.,;,,.; I '~•~ ~ i~ ll. ! ..-..tu~~~. ~~ may' . ~ a c~ ~ R f`TF/Y- /1 AJ S~ ~ ~_ "'S U C_ (D t 0] ~'~},. ~" 11 Property Owners' Cons Within Proposed ndum No. 3 to Include Agricultural Property ban Renewal Project Area 12 `"~ Prepared by: Mike Moran, Parks and Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR AFFILIATE GROUP'S USE OF PARKS AND RECREATION SERVICES AND PROGRAMS WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS the Parks and Recreation Commission has reviewed affiliate fees and is recommending fees to be implemented beginning January 1, 2011; 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. Non-profit groups affiliated with the City of Iowa City (designated as "Affiliate Groups" by the Parks and Recreation Director) shall be required to pay 10% of the standard usage fee for recreation services and facilities, unless otherwise reduced or waived by the Director pursuant to Iowa City Ordinance 10-9-5. 2. Said payment requirement shall become effective January 1, 2011. Passed and approved this day of MAYOR ATTEST: CITY CLERK 20 Approved by ~.P.r- City Attorney's Office ~,/ ~~ /r~ It was moved by and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the ~ ~~ 15 city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: Ciry Council FROM: Michael Moran, Parks and Recreation Director DATE: Apri121, 20190 RE: Affiliate Fees During the FY 11 budget preparation by the department, we proposed a new affiliate fee to be charged for groups using department facilities but not paying rent. We knew it would be controversial but also knew that we needed to come up with some alternatives to consider as we looked for needed budget reductions. These budget ideas were reviewed by the Parks and Recreation Commission as well. The new fee was not needed in the final budget preparations as the needed cuts were not as bad as initially thought. However, the staff and Commission wanted to continue to look at the affiliate fees as our maintenance budgets were ever increasing with little opportunity for recovery of fees in the past. The Commission was not unanimous in this feeling but a majority wanted to pursue. We started this process in October and staff came up with some ideas for discussion at our October meeting and at a special work session. At the November Commission meeting a proposed policy was discussed. We invited members of the affiliate groups to the December and January Commission meetings for input. As expected, the affiliates groups had some concerns and opposition to the plan. The initial concern for some of them was the amount of money that they had contributed to the City over the many and was not recognized when writing this draft policy. The Commission, after two work sessions, added to the policy a provision that the fee be waived if the group has made an annual contribution equal to or greater than the usage fee for the year. Other items that were discussed included a graduated scale of increase over the next eight years to get to a recovery fee of 40% (which is similar to the self imposed mandate of recovery for Recreation Division fees). This was not enacted on as they felt the current policy would allow for a review process every year. Staff and Commission wish to be proactive rather than reactive to recover some of the ongoing expenses that we are incurring in light of the service provided to these organizations and the ongoing costs to our budget on an annual basis. I have attached the correspondence that we sent the affiliate groups and the policy as proposed that you will be asked to approve April 27th. I will be in attendance at your work session and council meeting April 26`h and 27` for any questions and clarification. PARKS AND RECREATION DEPARTMENT 220 SOUTH GILBERT STREET IOWA CITY IOWA 52240-1632 PHONE (319) 356-5100 FAX (319) 356-5487 www. icgov. org/ pr March 11, 2010 Parks and Recreation Department Affiliate Group: Last December I wrote to each of you concerning a new affiliate group policy that was developed by the Parks and Recreation Commission and staff. I have attached a copy of that policy. This version was passed by the Commission for adoption at its March 10, 2010 Commission meeting. As is the case all fees imposed by the department and recommended by the Commission must be passed by resolution by the City Council. This resolution will be discussed at their work session on April 5th at 6:30 p.m. and regular meeting on April 6th at 7 p.m., if you or any members of your group wish to attend. You will notice one change that has occurred since the first version was sent out to you. Pursuant to City ordinance, I still have the authority to reduce or waive fees for affiliate groups. I will likely waive your group's usage fees for the calendar year in which your group donates money to the Parks and Recreation Department if the donation is in excess of your group's usage fee for that calendar year. We want to appreciate the funding that you have been able to give to the department over the years without penalizing you with an additional fee. The portion of the donation that is attributed to your usage will go to the proper budget to help offset costs while the remainder of your donation will go to the betterment of the facility that you use. In addition the Commission would like to invite each affiliate group to a meeting once a year in order to discuss our commitment to you, your plans for the future and how we can continue with our longstanding relationship. As mentioned in my earlier letter you are encouraged to view our Master Plan and see how this plan and your assistance can help us enhance the viability of what we do for the citizens of Iowa City. Please take a minute to review this plan at www.ic~;ov.or~/pr If you have any questions, please feel free to contact me directly or any of the Commissioners individually. Thank you. Sincerely, Michael E. Moran, CPRP Director, Parks and Recreation cc: Parks & Recreation Commission Terry Robinson, Superintendent of Parks & Forestry Enc. C1TY O~ iOWr~ CITY Affiliate Group Usage Policy Recommended for Approval by the Parks & Recreation Commission on March 10, 2010 Affiliate groups are those groups designated by the Director that provide public recreational opportunities and which are under the sponsorship or co-sponsorship of the parks and recreation department. These groups offer recreational opportunities to the general public that the Parks and Recreation Department would otherwise be unable to provide. Effective January 1, 2011 affiliated private non-profit groups designated as an "Affiliate Group" by the Parks and Recreation Director including 501(c)(3), 501(c)(7), and 501(c)(17) corporations, shall pay 10% of associated rental costs for parks and recreation services and facilities unless otherwise reduced or waived by the Director pursuant to Iowa City Ordinance 10-9-5. Such reduction or waiver is likely for the calendar year in which an Affiliate Group donates money to the Parks and Recreation Department if the donation is in excess of that group's usage fee for that calendar year. THIS ANNUAL POLICY MAY BE REVIEWED BY THE PARKS AND RECREATION COMMISSION ANNUALLY AND AT SUCH TIME THAT THE CITY COUNCIL ADOPTS THE FEE SCHEDULE. AFFILIATE GROUPS Iowa City Kickers Iowa City Boys Baseball Iowa City Girls Softball Iowa City Babe Ruth Iowa City Eels* Ocean Waves Square Dance Club Iowa City Camera Club Project Green Iowa City Aero Hawks Old Capital Chorus Iowa City Community Theater Young Footliters Community Theater Riverside Theater* Iowa City DogPac* Iowa City Community School District* *The City has entered into a contract for the use of City facilities with these groups and thus this policy may not apply until such contracts expire or are re-negotiated. PARKS AND RECREATION DEPARTMENT 220 SOUTH GILBERT STREET IOWA CITY IOWA 52240-1632 PHONE (319) 356-5100 FAX (319) 356-5487 www. icgov. org/ pr March 31, 2010 Parks and Recreation Department Affiliate Group: As a follow up to my March 11, 2010 letter to you, I wanted to give you an update. The Affiliate group policy that will be enacted on by City Council has been moved back on the council agenda to be voted on at their Tuesday Apri127, 2010 meeting. On Monday Apri126, 2010 the policy will also be discussed at City Councils work session. The work session is scheduled for 6:30pm and the regular council meeting on April 27`h is scheduled for 7pm. Both meetings will be held in Harvat Hall. I am including another copy of the policy given to you with the March 11 letter as it was voted on by the Parks and Recreation Commission for your review. I would be happy to attend any board meetings of your group to explain and go over this change or to answer any questions you may have before these dates. I apologize for the change of dates and plans but will work with everyone to accommodate questions as they arise and any other issues you would like me to address. Thanks for your continued cooperation. Sincerely, Michael E. Moran, CPRP Director, Parks and Recreation cc: Parks & Recreation Commission Terry Robinson, Superintendent of Parks & Forestry Enc. ('1TY OF 1 n Wt! CITY Prepared by: Mike Moran, Parks and Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLU ION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES~F'QR PARKS AND RECREATION SERVICES AN[~PROGRAMS WHEREAS, the CI Code provides that, "Upon recommendati n of the Parks and Recreation Co fission, all Parks and Recreation fees s all be established by City Council resol ion"; and WHEREAS the Parks an Recreation Commission has re iewed affiliate fees and is recommending fee to be implemented beginning anuary 1, 2011; and WHEREAS, it is in the public~nterest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RE OLVED BY THE C Y COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1. Non-profit groups affiliated with th City of Iowa Ci (designated as "Affiliate Groups" by the Parks and Recreation Director) all be requi ed to pay 10% of the standard usage fee for recreation services and faciliti ,unless therwise reduced or waived by the Director pursuant to Iowa City Ordinan a 10-9- . 2. Said payment requirement shall becom effe five January 1, 2011. Passed and approved this day of ATTEST: CITY CLERK It was moved by Resolution be adopted, and AYES: MAYOR and seconded by roll call there were: NAYS: 20 Approved by ABS L mpion Dic ens Haye Mims Wilburn Wright ~~ z-LG ~l~f~~ Attorney's Office ~~~~~ ~ a the +(j 1 Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, Iowa 318/356-5030 RESOLUTION NO. 10-138 RESOLUTION ESTABLISHING FEES FOR SOLID WASTE SERVICES FOR ITEMS LEFT ON PUBLIC RIGHT OF WAY. WHEREAS, section 16-1A-56 of the City Code requires the owner or person in control of the property to remove debris promptly from the right of way; WHEREAS, section 16-1A-5B further provides that the City may remove the debris after reasonable written notice to remove the debris and assess the cost against the property; WHEREAS, the City procedure to implement section 16-1A-5B is referred to as the "24 hour tag procedure;" and WHEREAS, the cost to remove the debris should include a fee to offset the actual administrative and inspection costs of such activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The fees for removal of items in the public right of way under section 16-1A-56 of the City Code (a/k/a 24 hour tag procedure) are as follows: Labor fee $20.00 plus $20.00 per hour after the first hour Equipment fee $25.50 plus $25.50 per hour after the first hour Administrative fee $25.00 Re-inspection (call back) fee $25.00 Passed and approved this 27th day of Ayril , 2010. _ ~~ SA MAYOR ATTEST: ~~; C Y CLERK Approved by: ~-d t~ i~ City Attorney's Office Resolution No. 10-138 Page 2 It was moved by hamnion _ and seconded by adopted, and upon roll call there were: Mims the Resolution be AYES: NAYS: ABSENT: X Bailey x Champion x Dickens ~ Hayek _ _ Mims ~_ X Wilburn x Wright wpdata/gtossarylresolution-ic.doc ~~.®~r ~ ,~ ~Tr~l,~~ CITY O F IOWA CITY ~g MEMORANDUM Date: April 22, 2010 To: City Council From: Rodney Walls, Assistant Solid Waste Superintendent Re: Resolution of Fees for Solid Waste Services One of the solid waste services we provide is disposing of miscellaneous and bulky items left at the curb. We are requesting that additional fees be implemented to cover both the administrative and inspection costs associated with such activities. We are requesting that both the administration fee and inspection fee be $25.00 each. These fees would only apply to items for which residents have not called to schedule a pickup. The fees would cover our cost of responding to complaints, researching property owners, making contact, following up to be sure the problem has been resolved and billing. The cost of administration and inspection is currently being absorbed by all rate payers rather than the problem properties. Our existing fees are listed below. The administration and inspection fees would be in addition to these. • Labor fee (1 Hr Min.) - $20.00 • Equipment fee (1 Hr Min.) - $25.50 • Standard per item fees (consistent with our regular bulk item pickup fees) ^ 15' Bulky item - $10.00 ^ Additional Bulky items - $5.00 per item ^ Appliances - $20.00 per appliance I will be happy answer any question you have on this or other solid waste services. ~,1 ._ Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240. (319)356-5044 RESOLUTION NO. 10-139 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT. ~'~ WHEREAS, Aqua Logic, Inc. of Waconia, Minnesota has submitted the lowest responsible bid of $207,250.00 for 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 Aqua Logic, 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. 3. The Director of Parks and Recreation is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 27th day of Agrii , 20i n MAYOR ,~ /' ATTEST: / ~ ~/ CITY ERK It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: .NAYS: x .-Y~- x X ~_ x x s ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright `f-'Z2'/~ Resolution be pweng\res\MercerAquaticAwdCon-10.doc 4/10 U4-L/-7 U 17 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. RE LUTION AWARDING CONTRACT AND AUTHORIZING HE MAYOR TO SIG AND THE CITY CLERK TO ATTEST A ONTRACT FOR CONS UCTION OF THE IOWA CITY MERCER PARK QUATIC CENTER POOL FI TER REPLACEMENT PROJECT. WHEREAS, of as submitted the lowest responsible bid of $ for construction of the above-name project. NOW, THEREFORE, BE I RESOLVED BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the c nstruction of the above-nam d project is hereby awarded to subject t the condition that awardee secure adequate performance and ayment bond, insuranc certificates, and contract compliance program statements. 2. The Mayor is hereby authoriz to sign and a City Clerk to attest the contract for construction of the above-name project, subj ct to the condition that awardee secure adequate performance and payme bond, ins rance certificates, and contract compliance program statements. 3. The Director of Parks and Recreation is become necessary in the construction of Passed and approved this day of _ iorized to execute change orders as they may above-named project. 20 ,YOR by ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: 1 City Attorney's Office and seconded by ~r the Resolution be YS: ABSENT: '~ Baile~, Champit~n Dickens ~~~, Hayek ~ Mims ~~ Wilburn Wright pweng\res\M ercerAquaticAwdCon-10.doc 4/10 Ic.~ NOTICE TO BIDDERS IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 22nd day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27~' day of April, 2010, or at a special meeting called for that purpose. The Project will involve the following: Demolition of existing paddock vacuum sand filter system, furnishing and installing a new fiberglass deck system including supporting masonry and steel structure. Painting will be involved. The installation of new filters, circulation pump and chemical systems and related piping and valves. The contractor will be responsible for providing support for associated plumbing and electrical work. Apre-bid meeting will be held on site at 10:30 a.m. on the 9th of April in the P & G room at Mercer Park Aquatic Center/ Scanlon Gymnasium, located at 2701 Bradford Drive. Free parking is available neighboring the site. All work is to be done in strict compliance with the plans and specifications prepared by Pool Tech Midwest, Inc., of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Start Date: August 2, 2010, Completion Date: September 4, 2010 Liquidated Damages: $250.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa City Reprographics, Iowa City, Iowa, by bona fide bidders. Iowa City Reprographics is located at 114 South Dubuque Street, Iowa City, Iowa, 52240, (319) 338-7872. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Iowa City Reprographics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK i°weng/masters/noticetobidders-mercerfiltration. doc NTB-1 M~ 18 Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 10-140 RESOLUTION DECLARING THE PLATTED ALLEY EAST OF 636 and 638 SOUTH GOVERNOR STREET OPEN TO THE PUBLIC. WHEREAS, the alley right of way east of 636 and 638 South Governor is platted and dedicated to the City of Iowa City; and WHEREAS, the owner of 638 South Governor Street, Brian Vogelgsang, would like to improve and use said alley; and WHEREAS, the City Council deems it in the public interest to declare the dedicated alley right of way open to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The alley east of 636 and 638 South Governor Street is open to the public. 2. The owner of 638 South Governor Street can improve the alley to an all weather driving surface at their cost. Passed and approved this 27th day of April , 20 10 ~~ MAYOR Ap roved by ATTEST: 4~ ~ ~ ~r~~~L CLERK City Attorney's Office y zl'li7 It was moved by Wright and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X ~_ x x X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/S.Gov.OpenToPublic-2010.doc 4110 11 ~, : -,.r November 17, 2009 Brian Vogelgesang 638 South Governor Street Iowa City, Iowa, 52240 213-842-9131 To Whom It May Concern: Please accept this plea for permission to add gravel to the alleyway east of my property on South Governor. The alleyway is already graveled as far south on this block as my neighbor to the north, allowing access to four private homes and one large apartment complex. I too would like to enjoy access to my property from this alley. It would benefit me greatly to be able to pazk in the reaz of my lot and to use this access as a means of loading and unloading tools and removing yazd waste from my lazge Yazd and garden, just as it serves others barely north of myself. A portion of this alleyway beginning just north of me has clearly been left to grow grass for some time. I have lived on South Governor now for seven yeazs, and like others here on this block have enjoyed this unique grassy pathway. However, being able to access the rear of my property carries benefits and conveniences that very dramatically outweigh the small stretch of green grass that extends to the gravel just north of myself. In addition, the section of alley in question often serves as a dumping ground for those two houses located on Summit street, both for soil and yard waste, which they toss over their fences. A city official visited this alley in order to grant me permission to write this letter, and I have no doubt that he/she would attest to the current large sloth of mud in the center of the alley, dumped by one of these Summit homes, and to the yard waste just over their fences. Were I to be allowed to gravel this portion of alley, I believe it would become more cleaz to these occupants that this is inappropriate. It would also allow me to remove such debris should they continue. I have contacted my Governor Street neighbor just to the north, who gave her full blessing in this matter. And, as mentioned above, of the Summit street neighbors adjacent to the portion I wish to gravel, one of them already uses the alley for car traffic, and the other two use if for waste. I therefore feel further justified in this request. In addition, I would Like to assure the city that my purpose in this endeavor is not only to better my quality of life here on Governor street, but to make it easier to continue to beautify my property, and that of the alley itself. Many thanks for your time and consideration. Sincerely„ . ' -, -. Brian Vogelgesang ---~ .~ 4,j MM 0 19 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 10-141 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE REPLACEMENT OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEIC~ [BRM-3715(650) - - 8N-52]. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the design and construction of the Rochester Avenue Bridge over Ralston Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 27th day of April , 2010 MAYOR ATTEST: Cd~~ `7~ CITY LERK Approved by G(i~G~ City Attorney's Office ~ y ~~ It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: ~- ~_ ~- _~_ ~_ X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/rochesterBri dge.doc 4/10 November 2008 IOWA DEPARTMENT OF TRANSPORTATION Federal-aid Agreement for a City Highway Bridge Program Project Recipient: City of Iowa City Project No: BRM-3715(650)--8N-52 Iowa DOT Agreement No: 6-10-HBRR-10 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, provided for the Federally funded Highway Bridge Program, now codified at Section 144 of Title 23, United States Code. This program makes Federal funds available for replacement or rehabilitation of highway bridges on public roads on and off the Federal-aid System. Federal regulations require Highway Bridge Program funds to be administered by the Department. Pursuant to the terms of this agreement, applicable statutes, and 761 Iowa Administrative Code (IAC) Chapter 161, the Department agrees to provide Highway Bridge Program funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the Iowa City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following bridge project: A. FHWA Structure Number: 006330 B. Location: Rochester Avenue over Ralston Creek C. Preliminary Estimated Total Cost: $695,000 4. The eligible project construction limits shall include the bridge plus grading and/or paving to reach a "touchdown point" determined by the Department. Costs associated with work outside the eligible project construction limits are not eligible. Within the eligible project construction limits, eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from Highway Bridge Program funds. The portion of the eligible project costs reimbursed by Highway Bridge Program funds shall be limited to a maximum of 80% of eligible costs or $1,000,000, whichever is less. 6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 7. It is the intent of both parties that no third party beneficiaries be created by this agreement. 8. Responsibility for compliance with the Federal and State laws, regulations, policies, or procedures required by this agreement is not assignable without the prior written consent of the Department. 9. This agreement shall be executed and delivered in two or more copies, each of which shall be deemed to be an original and shall constitute but one and the same agreement. Highway Bridge Program P~*oject Agreement Page 2 10. The project shall be let to contract within 3 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 3 year deadline. 11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below. Recipient: City of Iowa City By /~bc't y.9 Date April 27 , 2010 Title Mayor I, Marian K Karr ,certify that I am the Clerk of the City, and that Matthew .i. Hayek who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 27th day of April , 2010 . Signed 2~.t~~ ~_~~~ City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division Date April 27 2010 By _~~~ ~ S~1L: Date ~i,1yr~ ,~O , ~~~ K nt Ellis, P.E. Local Systems Engineer District 6 November 2008 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Highways 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal-aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.s) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/ publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi-use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan does not include curb ramps, the Recipient shall prepare or modify.its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph The Office of Management and Budget (OMB) Circular A-133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A-133. CFDA #20.205 and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, EXHIBIT 1 Page 2 includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In-House Services. a. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal-aid Participation in In-House Services. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in-house services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require aqualifications-based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal-aid Participation in Consultant Costs. b. If preliminary engineering is Federally funded; and if the "do nothing" alternate is not selected, grid if right-of- way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following . the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, etc. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project maybe eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. EXHIBIT 1 Page 3 6. Right-of-Way. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right- of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right-of-way to the Department. 7. Letting the Project. a. The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified by a Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS&E to the Department. As a condition for the Department to let the project; the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. ~If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. d. If the project is to be accomplished via a .contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids. e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the performance borid, and two copies of the certificate of insurance. 8. Construction. a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. b. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined by the Department. c. The Recipient shall comply with the procedures and responsibilities for materials testing according to Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal policy. The Recipient should use the Department's Construction Manual as a guide for conducting other construction inspection activities. EXHIBIT 1 Page 4 9. Payments. a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been paid in full and completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds: In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close-out. a. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to . the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment /modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. ""'~ 20 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa Ciry, IA 52240 (319)356-5410 RESOLUTION NO. 10-142 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. WHEREAS, Feldman Concrete of Dyersville, Iowa has submitted the lowest responsible bid of $67,066.95 for 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 Feldman Concrete, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 27th day of April , 20 i n ~Z~ ~ MAYOR Approved by ATTEST: ~ ~ ~• / lQrr~ ~" ~'2GS°~~ ~.J CIT LERK City Attorney's Office ~/ as ~~~ It was moved by Wilburn adopted, and upon roll call there were: and seconded by Wright the Resolution be AYES: NAYS: ABSENT: ~ Bailey _ X Champion X Correia X Hayek O'Donnell X X Wilburn ~_ Wright Pwe ng/res/2010 paverepl-awrdcon.doc 4/10 r~ NOTICE TO BIDDERS 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 15'h day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27'h day of April, 2010, or at special meeting called for that purpose. The Project will involve the following: Replacement of 2,944 SF PCC Pavement, 1,044 SF of HMA Pavement, 4,658 SF of 4" Sidewalk, 409 SF of 6" Sidewalk and Curb Ramp, 224 SF of ADA Truncated Domes, and 2,025 SF of Removals. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents: Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: Division I: June 7, 2010 Division II: July 26, 2010 Division III: August 30, 2010 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa Ciry, Iowa. MARIAN K. KARR, CITY CLERK M~~, Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 10-143 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER PROJECT. WHEREAS, Knutson Construction Services Midwest, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $3,784,000.00 for 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 Knutson Construction Services Midwest, 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. 3. The Director of Public Works is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 27th day of April , 20 10 MAYOR Approved by ATTEST: J ~• 7~ 1O` ` CITY CLERK City Attorney's Office y 2~/~Q It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion ~ Dickens _~ Hayek ~, Mims ~ Wilburn ~ Wright -~ , ~~ ,, pweng\res\EastsideRecycling-awrdcon. doc 4110 ~~_,_-r,®~ CITY OF (OWA CITY 21 ~ ~~~~~~~ ®~~-~ RA N D U 1VI MEN[O Date: April 20, 2010 To: Dale Helling, Interim City Manager From: Kumi Morris, Architectural Services Coordinator Re: East Side Recycling Center Project- bids On April 15, 2010, five bids were received and opened for the East Side Recycling Center Project. The Public Works Department is recommending accepting both Bid Package No. 1 and No. 2 with deduct Alternate No. 1., thus awarding the contract to the apparent lowest responsible bidder Knutson Construction Services Midwest, Inc., with $2,514,000 for Bid Package No.1 and $1,433,000 for Bid Package No.2 with Alternate No. 1 deduct in the amount of $163,000; for a total amount of $3,784,000. The Architect's estimate for the total of both Packages was in the amount of $4,441,000. The East Side Recycling Project was bid with two base bid packages and three alternates. The base bid for bid package No. 1 consists of a 20,300 square foot addition to the existing building currently housing Habitat Restore and also includes the renovation and remodeling of the existing building. Bid Package No. 2 consists of a new 2,250 square foot Environmental Education Center and associated sitework. The Environmental Center and associated site are targeted for Platinum LEED Certification. Alternate No. 1 is a deduct in the award of combined Bid Package No. 1 and Bid Package No.2 to the same bidder. Alternates No. 2 and 3 were items to be incorporated and deducted, respectively; in the case that Bid Package No. 2 would not be awarded. S\ENG\ARCHITECTURE FILE\Projects\East Side Reycling Center\2010 Bid Documents and Front Ends\MEMO ESRC Bids to counciLDOC ;~^ ~ X71 NOTICE TO BIDDERS EAST SIDE RECYCLING CENTER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City Iowa, until 2 P.M. on the 15tH day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27th day of April, 2010, or at a special meeting called for that purpose. Apre-bid meeting will be held on site at 2401 Scott Boulevard in the Restore Building on the 23~d of March, 2010 at 10:30 A.M. The Project will involve the following: New construction, additions and renovations to a recycling facility at 2401 Scott Blvd., Iowa City Iowa. Work will be divided among two bid packages. Bid Package No. 1 consists of a 20,300 square foot addition to the existing building currently housing Habitat Restore, renovation and remodeling of the existing building, a motor oil recycling drop off, a wood chip and compost pick-up station, a salt storage building, abulk-water distribution station and associated sitework. Bid Package No. 2 consists of a new 2,250 square foot Environmental Education Center and associated sitework. Bid Package No. 2 will also include LEED documentation activities. The Environmental Education Center and associated site are targeted for Platinum LEED Certification. Both packages include sitework, general building construction, mechanical systems, and electrical systems. Use of aground-source heat pump system, photovoltaic fixtures and wind generated power will be incorporated into the mechanical and electrical packages of the second bid package. All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Construction Start Date: April 26, 2010 Specified End Date -Bid Package No. 1: December 31, 2010 (Buildings and sitework) June 1, 2011 (Plantings) July 1, 2011 (Final Completion) Specified End Date -Bid Package No. 2: December 31, 2011 (Buildings and sitework) June 1, 2012 (Plantings) July 1, 2012 (Final Completion) Liquidated Damages: $750.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa City Reprographics, at 114 South Dubuque Street, Iowa City, Iowa, 52240, phone number (319) 338-7872 by bona fide bidders. A $30.00 non-refundable and $110.00 refundable fee are required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Iowa City Reprographics. Shipping is an extra fee. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK O Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 RESOLUTION NO. 10-144 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING PROJECT. 04-27-10 22 WHEREAS, Gaylord Construction, Inc. of Ft. Madison, Iowa has submitted the lowest responsible bid of $65,660.00 for 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 Gaylord Construction 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 27th day of April , 20 ~ ~ MAYOR Approved by ATTEST: -uJ ~~a ~~-L~a~'c~,c~~' CITY ERK City Attorney's Office y/~/iu It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X ~- x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pwe ng/re sl2010wtrm a i n d i r-awrd co n. d oc 4/10 ,ti .1 rte. NOTICE TO BIDDERS 2010 WATER MAIN DIRECTIONAL BORING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 15th day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27th day of April, 2010, or at special meeting called for that purpose. The Project will involve the following: Furnish labor, supplies and equipment to install PVC water main by directional boring. Directional Bore 6-inch PVC - 1,800 LF Directional Bore 8-inch PVC - 3,040 LF All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Site 1 -Plum Street (Phase 1) Working Days: 7 Specified Start Date: May 17, 2010 Liquidated Damages: $200.00 per day Site 2 - 2"d Avenue and D Street Working Days: 7 Specified Start Date: June 21, 2010 Liquidated Damages: $200.00 per day Site 3 -Plum Street/Euclid Avenue (Phase 2) including Crescent Street Working Days: 7 Specified Start Date: July 26, 2010 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Iowa City Engineer's Office in Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on Ciry projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ~,~ Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 RESOLUTION NO. 10-145 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION PROJECT. 23 WHEREAS, Municipal Pipe Tool Company, LLC of Hudson, Iowa has submitted the lowest responsible bid of $102,192.25 for 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 Municipal Pipe Tool Company, LLC, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 27th day of April , 20 ~ n ~~ MAYOR Approved by ATTEST: 1,~.~cA~r/ 7~ • ~cr~r~ CIT LERK 3 JT 4~ ~l i " "ter iL/ ~..1~ !'T' " City Attorney's Office <~~~~jU It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng/res/2010sanitarysewerrehatrawrdcon.doc `~ NOTICE TO BIDDERS 2010 SANITARY SEWER REHABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 15'" day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27t" day of April, 2010, or at a special meeting called for that purpose. The Project will involve the following: Lining of 1,476 If of 8-inch diameter and 2,239 If of 12-inch diameter sanitary sewer pipe, reinstatement of 11 service laterals, removal of 3 protruding service taps and other associated sewer lining work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by .the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Completion Date: August 16, 2010 Liquidated Damages: $400 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City Engineer, City Hall, Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The Ciry reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK aY DEFEATED 4/27/2010 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID CLEAN-UP OF PROPERTY CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against a certain lot for the actual unpaid abatement costs of cleaning up property in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owner listed in Exhibit A has received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amount listed in Exhibit A for unpaid clean-up property charges as stated in Exhibit A is confirmed and levied against the property listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on May 27, 2010. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until May 27, 2010 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. DEFEATED 4/27/2010 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this day of , 2010. Mayor ATTEST: City Clerk It was moved by and seconded by adopted, and upon roll call there was: AYES: NAYS: ~_ ~- ~- ~_ ~- x Approved by ~~ 3-~~<0 City Attorney/s Office the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright sue\Ord&ResW bateRes.doc m_ x w ~~" ~ i r 1 ~xh _ ~~®~~ ~ni~ ~ .wr®~~~ -.~...~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 February 9, 2010 (319) 356-5009 fAX www. icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on February 16, 2010 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing,. clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5040. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. 24 RECEIVE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ~~AR ~ S 2010 SMALL CLAIMS DIVISION CITY ~rroRNEY's OFFICE SIXTH JUDICIAL DISTRICT CITY OF IOWA CITY, ) NO. CISC071684 ~ ~_ ~= a Plaintiff, ~ -- r~ - _ ~ __. --` --- :: ORDER -~ /- ~ vs. ~- _ M - ~~ 1't KEITH E. YENTER, ) ) 'y ~y^~ ~.../ Defendant. ) The court, having reviewed Plaintiff s Application for Entry of Judgment and the file herein, finds that it should be granted for the reasons stated. IT IS THEREFORE ORDERED that judgment is entered in favor of Plaintiff and against Defendant for $2,475.23 at 0% interest. IT IS FURTHER ORDERED that Defendant shall make monthly payments on the judgment in the amount of $50.00 per month beginning May 1, 2010 and on the first day of each succeeding month until the judgment is paid in full. fi Dated, this / 7 day of ` ~ CiJ~-C~- , 2 10. GE ~-r7-to Copies to: Susan Dulek City Attorney's Office Keith Yenter 734 Oakland Ave. Iowa City, IA 52240 M~~ Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 10-146 RESOLUTION APPROVING, MAYOR TO SIGN AND PROFESSIONAL SERVICES IOWA CITY AND SLAVIN SERVICES IN CONNECTION MANAGER. AUTHORIZING AND DIRECTING THE THE CITY CLERK TO ATTEST A AGREEMENT BETWEEN THE CITY OF MANAGEMENT CONSULTANTS FOR WITH THE SEARCH FOR A NEW CITY WHEREAS, City Council desires to conduct a search in order to identify the best candidate for a new City Manager; and WHEREAS, after requesting qualifications from interested executive search firms and interviewing the same, the Council chose Slavin as its preferred search firm for the City Manager search; and WHEREAS, City staff and Slavin Management Consultants have negotiated an agreement for services to provide assistance in the selection of candidates for the City Manager position through a tailored search process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. It is in the public interest to enter into the attached agreement. 2. The attached agreement is hereby approved as to form and content. 3. The Mayor is authorized to execute and City Clerk to attest the attached agreement in duplicate. 4. The City Clerk shall forward one copy of the fully-executed agreement to Slavin. 25 Passed and approved this 27th day of April _, 2010. /~AO~^ S4 MAYOR ATTEST: ~CIT LERK Ap o ed by ~- -/D City Attorney's Office Resolution No. 10-146 Page Z It was moved by Mims and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion ~_ Dickens _~_ X Hayek x Mims X Wilburn ~- Wright wpdata/glossary/resolution-ic.doc SEARCH SERVICES AGREEMENT This Agreement, made and entered into on this ~ day of April, 2010, by and between the City of Iowa City, Iowa (hereinafter referred to as "Client") and Slavin Management Consultants (hereinafter referred to as "Contractor"), is for the providing of consulting services as set out in the Contractor's proposal dated March 3, 2010. I. The parties hereto agree to the following provisions: A. Services and Compensation (a) Contractor shall provide to Client the consulting services as set forth in Contractor's proposal dated March 3, 2010, which proposal is attached hereto and incorporated herein. (b) For the work outlined in the above-referenced proposal, Client will pay Contractor $14,165.00 for professional fees. (c) Expenses will not exceed 55% of the professional fee ($7,790.75) and will include such items as travel, advertising, telephone, background checks, administrative/ word processing support, supplies, report production and other directly related costs. (d) Contractor will submit three equal monthly invoices of $4,249.50, withholding 10% ($1,416.50) of the total project fees which will be paid within thirty (30) days of satisfactory completion of the project. Actual expenses will also be included as incurred. (e) Contractor guarantees its work and will redo the search if the position is vacated, for any reason, within two years. of the employment date of a candidate selected by the City through Contractor's efforts. If Contractor is unable to redo the search for any reason it shall reimburse Client for all professional fees paid hereunder. (f) Contractor's ability to carry out the work required is heavily dependent upon past experience in providing similar services to others, and Contractor expects to continue to perform such work in the future. The confidential nature of any information received from Client or developed during the work will be preserved in accordance with Contractor's professional standards. (g) Contractor assures employment of the best efforts to carry out the work required. The results obtained, recommendations and any written material provided will represent Contractor's best judgment based on the information available. B. General Terms (a) The Contractor 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 identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. (b) Either party may terminate this agreement in whole or in part by the giving of ten (10) days written notice to the other party, provided that one of the following stipulations are satisfied: 1) If termination is effected by Client, the Client will pay Contractor for all work performed through and including the date of termination; OR 2) If termination is effected by Contractor, the Contractor will complete work for all compensation received and issue a final invoice for services performed through and including the date of termination, which invoice shall be paid by Client within thirty (30) days. (c) This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. (d) It is understood and agreed that the retention of the Contractor by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Contractor shall have the right to employ such assistance as may be required for the performance of the Project. (e) It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. (f) At the request of the City, the Contractor 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 Contractor to assure attendance. (g) The City agrees to tender the Contractor all fees in a timely manner, excepting, however, that failure of the Contractor to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. (h) Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. (i) Upon signing this agreement, Contractor acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. (j) The Contractor agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Contractor's liability for the Contractor's negligent acts, errors and omissions to the City in the sum of $1,000,000. SLAVIN MANAGEMENT CONSULTANTS by: _ ~ ~° ''Robert E. Slavin, President Date /~ ~~ ~ 0~~ THE CITY OF IOWA CITY, IOWA by: ~~..~tr y Matthew J. H k, Mayor Approved by ATTEST: ~~ ~ • ~1~ Mari K. Karr, City Clerk City Attorney's Office Date ~~~~ .~? 20 r o SLAVIN M GEMEN'T CUNS[JL'l'ANTS April 21, 2010 Ms. Marian Karr City Clerk City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Re: City Manager Search Dear Marian, The first phase of the City Manager search process is to develop a recruitment profile which captures the City Council's desires and expectations concerning Iowa City's next City Manager. All I actually need to accomplish this is an hour each of Mayor Hayek's and each Council member's time and some current information about the City, the City government and the City Manager position. Most of this information is on the City's web site. I know, however, that the Council is considering community involvement in the search process. I encouraged this when I spoke before them on April 9t". As I told the Council, I find it valuable to meet with community leaders (and department heads) as we are developing the recruitment profile at the beginning of the search. Although, community involvement frequently occurs again at the end of the search, usually in the form of a "meet and greet" with the finalist candidates, I will discuss this possibility with the Council when we meet. Right now, I need for them to decide if they want community involvement at the beginning of the search and, if so, how they want it to occur. When this is done, often specific community stakeholders are selected by the Council and scheduled to meet with us (individually or in groups) during our first visit to the City. There are obvious planning and scheduling implications to this. The project timetable is about 90 days from the City Council's approval of the recruitment profile until finalists candidates are interviewed by the Council. We will prepare a profile draft and submit it to the Council for approval within two weeks of our initial trip to meet with the Council. The City's specific schedule is dependent on when we can start the project. I know that the Council has some availability issues in mid-May and, as you know, I do too. My first two weeks in May are pretty well scheduled. I understand that the last two weeks in May Council Members have scheduling conflicts. Therefore, it might be best to schedule time in Iowa City on June 3 & 4. Times will be set with individual Council Members. If Council wants us to meet with community members and staff, we could accomplish that earlier in that same week. It is not necessary to meet with Council as a group during this visit unless Council wishes to do so. I know that the Council will consider our contract and discuss the City Manager search at its April 27"' meeting. Let me know if you have questions or need additional information in preparation for their discussion. c~ Cordially, ~~ 0 ~ "°a SLAVIN MANAGEMENT CONSULTANTS ~.,.,; N ~~ -- ,~ / ..~ ~ -=; ~"_ ~ Im. ., .-~ - <~~ w Robert E. Slavin, President ;~-~ .~