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Home My WebLink About2010-06-15 Resolution06-15-10 rf' ,k ~ 2c 7 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 10-303 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this ~ 5th day of June , 20 10 /~~- ~1~ MAYOR Approved by -~ ~ iU ATTEST:. ~ ~fi ~ ~~ ~~ -~~~ti~z--1z CI CLERK City Attorney's Office . ~ ~ ~,t, 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 g Dickens _~ Hayek g Mims ~_ Wilburn ~ Wright CIGARETTE PERMITS PRINTED 21-APR-10 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~BI~KMART 85 00140 01053 C LK-MART CORPORATION 08 00068 00101 C C- ORE THE LLY STUCKER `C~Y' S GENERAL STORE #2761 'j~„~,$u,Q1.t,E ~,E-~- 07 00073 00102 C 1 ASEY'S MARKETING COMPANY C Y' S GENERAL STORE #2781 tnltu~w ~IZE.EI<-~ILIvJ 07 00074 00103 C ASEY'S MARKETING COMPANY ~C RETTE OUTLET #18 05 00007 00104 C IGARETTE OUTLET INC `~B CAR THE 08 00070 00105 C SUZSTER INC C KSIDE MARKET 03 00005 00106 C ECTOR INC FORMERLY: T & M MINI MART C~ /PHARMACY # 8 5 3 9 C,Lt ~~(•p /~1 ~~.'~~ 0 6 0 0 0 7 4 0 010 7 C OWA CVS PHARMACY LLC ~/PHARMACY #8547 ' - N ~E k~ A 06 00075 00108 C ~ i 1 ,~ OWA CVS PHARMACY LLC MUSCq N F D 'S SHORT STOP CORPORATION 86 00022 00109 C ANIEL J GLASGOW D WOOD 85 00092 01010 V GER ENTERPRISES D I MART #1 87 00013 01011 C ELIMART PROPERTIES INC '~l~Ay l l~~Sr • D I MART # 2 ~wF~ IV~K.ycA-tt 1~, `~vA~ 8 7 0 0 018 01012 C LI T PROPERTIES INC . D I MART #3 N J ~ t 98 00014 01013 C 4Dl2~npa LI T PROPERTIES INC (2~1 D I MART # 5 ~~1T0/J S?2~)^~j' 9 9 0 0 0 0 6 01014 C ELIMART PROPERTIES INC ' D HE 00 00017 01015 C OUTHERN DISCOUNT DEN CIGARETTE PERMITS PRINTED 21-APR-10 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE D LIN UNDERGROUND THE 93 00001 01016 V UBLIN UNDERGROUND INC E ASO THE MEXICAN STORE 05 00001 01017 C L PASO TIENDA Y TAQUERIA INC ~EWAY STORES #034 ~Mnn~2CE. ~~--v~ 03 00007 01018 C ~ FAREWAY STORES INC REWAY STORES #950 td)~STI.t~1N4S ~~~~~ 95 00006 01019 C FAREWAY STORES INC HIV STARS FOOD MART 10 00057 SBY' S #1 C~ti.f3E2T S~'R~~"~ 08 00074 01020 C LB BAUER INC --Q VE..~1 ~~ ~~ ' O S 0 0 0 7 5 010 21 C - S# 4 ~~(~}T?! G BY B BAUER INC iH~TIG DRUG STORE #10 98 00001 01022 C ~ARTIG DRUG COMPANY INC `~AD HUNTERS GLASS INC 08 00071 01023 C VHEAD HUNTERS GLASS INC -VEE DRUGSTORE 85 00013 01024 C Y-VEE INC H VEE FOOD STORE #1 ~,~~~N.,~. 'D7LI~X 85 00009 01025 C Y-VEE INC -VEE FOOD STORE #2 ~~Q,g-~- ..QVEN~~ 85 00010 01026 C Y-VEE INC -VEE FOOD STORE #3 1~, ~0 46E ~2~&r(' 85 00011 01027 C Y-VEE INC H~VEE GAS (#1) 03 00004 01028 C Y-VEE INC 08 00064 01029 C I. PIT STOP C PIT STOP LLC UGLYS 07 00070 01030 C PUB GAL INC E'S PLACE 08 00072 01031 C SAMCO OF IOWA CITY INC CIGARETTE PERMITS PRINTED 21-APR-10 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE JO 'S GROCERY, INC. 85 00054 01032 C HN'S ROCERY INC K EXION THE 08 00069 01033 C MOKERS UNLIMITED ~: M & GO #422 ~t~3E2.StA~- ~~ilv~ 85 00025 01034 C ~ KUM & GO LC ~~__~ & GO # 51 E , a i.c2j..~ N Coll) A> J''~ ~Z" O 1 010 8 7 010 3 5 C UM & GO LC K & GO # 5 2 ~. '[.~~,Q,~ N !e j 'v /J .S~"R~6~' O 1 010 8 8 010 3 6 C UM & GO LC K & GO # 5 3 MUi2/Y~ON l 2 6.T~ O 1 010 8 9 010 3 7 C & GO LC M MIGHTY SHOP, INC. 85 00045 01038 C & M MIGHTY SHOP INC L OR DOWNTOWN 07 00072 01039 C ASON CAYLOR QUOR HOUSE LTD 03 00008 01040 C LIQUOR HOUSE LTD NO DODGE EXPRESS O1 01090 01041 C EXPRESS INC. ~H DODGE SINCLAIR 10 00056 01056 C `/~ ORTH DODGE INC O THE GO CONVENIENCE STORES 00 00002 01042 C ON THE GO CONVENIENCE STORES INC R POPPY 06 00070 01044 C AKSHI H MEARS 'Z EXPRESS 07 00075 01045 C Z LLC HW / ~[JSS' NORTHSIDE SERVICE 05 00005 01055 C RUSS'NORTHSIDE SEVICE SA 09 00060 01046 C AUCE INC CIGARETTE PERMITS PRINTED 21-APR-10 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE SC BLVD HAWKEYE CONVENIENCE STORE 00 00007 01047 C WKEYE OIL CO INC ~SU RBAN BP AMOCO 97 00007 01048 C BURBAN INVESTORS LC S RBAN BP AMOCO KEOKUK STREET 98 00012 01049 C UBURBAN INVESTORS, L.C. 'T ACCO BOWL 91 00009 01050 C ISSISSIPPI VALLEY TOBACCO T ACCO OUTLET PLUS #.537 97 00008 01051 C KWIK TRIP INC MART #1721 92 00012 01054 C AL- RT STORES INC GREEENS #5077 85 00029 01052 C ~ ALGREEN COMPANY TOTAL CIGARETTE PERMITS: 55 M~~ C~ ,Tune 15 , 2010 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, ht Absent: None ******* -1- 2d 1 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn was called and the vote was, seconded the motion to adopt. The roll AYES: Bailey, Champion, Dickens, Hayek, Mims, NAYS Wilburn, Wright None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-304 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, Series 2010, to the amount of not to exceed $5,405,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the tune and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock p .M., on the 12th day -2- of July , 2010, for the purpose of taking action on the matter of the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010, for an essential corporate purpose of the City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses, pedestrian overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right-of--way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and civil defense department and the acquisition and improvement of real estate for cemeteries, and the construction, reconstruction and repair of receiving vaults, mausoleums and other cemetery facilities. Section 2. To the extent any of the projects or activities described in this resolution inay be reasonably construed to be included in snore than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. Section 4. The notice of the proposed action to issue the bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City of Iowa City, State of Iowa, will hold a public hearing on the 12th day of July, 2010, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010 ,for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses, pedestrian overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right-of--way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and civil defense department and the acquisition and improvement of real estate for cemeteries, and the construction, reconstruction and repair of receiving vaults, mausoleums and other cemetery facilities. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of bonds or will abandon the proposal to issue bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 24th day of June, 2010. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 15th day of .7une , 2010. /,~~~ ~ v- Mayor ATTEST: ~. City rk -5- ~~..-.', 2d 2 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, NAYS Wilburn Wright None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-305 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue General Obligation Bonds, Series 2010, to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not snore than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 3 84 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: -6- Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P .M., on the 12th day of July , 2010, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2010, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction and improvement of Fire Station #4 and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF BONDS Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 12th day of July, 2010, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2010, (for a general corporate purpose), bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of the construction, reconstruction and improvement of Fire Station #4. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, may be filed with the City Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated this 24th day of June, 2010. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 15th day of June , 2010. /•~'~~_ 2SIn Mayor ATTEST: City erk ' -9- ~J^ ~? 2d 3 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey Champion Dickens Hayek. Mims. Wilburn, Wr NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-306 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue General Obligation Bonds, Series 2010, to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: -10- Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P .M., on the 12th day of July , 2010, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2010, the proceeds of which bonds will be used to provide funds to pay costs of the construction of a new public works fuel facility and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF BONDS Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 12th day of July, 2010, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation. Bonds, Series 2010, (for a general corporate purpose), bearing interest at the rate of not to exceed 9 per centuin per annum, the bonds to be issued for the purpose of providing funds to pay costs of the construction of a new public works fuel facility. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, may be filed with the City Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated this 24th day of June, 2010. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 15th day of ,Tune , 2010. /~1~. ~ Mayor ATTEST: City rk -13- 2d 4 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $66,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright NAYS:. None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-307 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $665,000 OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue General Obligation Bonds, Series 2010, to the amount of not to exceed $665,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Wilburn seconded the motion to adopt. The -14- Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P .M., on the 12th day of Tull , 2010, for the purpose of taking action on the matter of the issuance of not to exceed $665,000 of General Obligation Bonds, Series 2010, the proceeds of which bonds will be used to provide funds to pay costs of the renovation, improvement and equipping of recreation grounds, including soccer field renovation; elevator improvements to a recreation center; construction of a city owned evidence storage facility and miscellaneous improvements to City Hall and other departments and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -15- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $665,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF BONDS Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 12th day of July, 2010, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of tot to exceed $665,000 of General Obligation Bonds, Series 2010, (for a general corporate purpose), bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of the renovation, improvement and equipping of recreation grounds, including soccer field renovation; elevator improvements to a recreation center; construction of a city owned evidence storage facility and miscellaneous improvements to City Hall and other departments. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, may be filed with the City Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated this 24th day of June, 2010. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 15th day of June , 2010. Mayor ATTEST: City rk -17- ~~ 2d~5u Council Member Chau~ion introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Wi 1 bairn seconded the Resolution to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, NAYS: Wilburn, Wright None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-308 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses, pedestrian overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right-of--way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and civil defense department and the acquisition and improvement of real estate for cemeteries, and the construction, reconstruction and repair of receiving vaults, mausoleums and other cemetery facilities, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $5,405,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, this Council has ordered that notice be published as required by Section 384.25 of the City Code of Iowa, of a public meeting and hearing to be held on July 12, 2010, upon the proposal to institute proceedings for the issuance of the Bonds for -18- the aforesaid essential corporate purpose and it is deemed necessary that the Bonds be advertised for public sale to be held following the hearing in the event that this Council shall determine to proceed with the issuance of $5,355,000 of the Bonds; WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the construction, reconstruction and improvement of Fire Station #4, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, this Council has ordered that notice be published as required by Section 384.26 (5) of the City Code of Iowa, of a public meeting and hearing to be held on July 12, 2010, upon the proposal to institute proceedings for the issuance of General Obligation Bonds for the aforesaid general corporate purpose and it is deemed necessary that the bonds be advertised for public sale to be held following the hearing in the event that no petition is filed in the manner provided by Section 362.4 of the City Code of Iowa, and the Council shall determine.to proceed with the issuance of the bonds; WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the construction of a new public works fuel facility, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, this Council has ordered that notice be published as required by Section 384.2b (S) of the City Code of Iowa, of a public meeting and hearing to be held on July 12, 2010, upon the proposal to institute proceedings for the issuance of General Obligation Bonds for the aforesaid general corporate purpose and it is deemed necessary that the bonds be advertised for public sale to be held following the hearing in the event that no petition is filed in the manner provided by Section 362.4 of the City Code of Iowa, and the Council shall determine to proceed with the issuance of the bonds; WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the renovation, improvement and equipping of recreation grounds, including soccer field renovation; elevator improvements to a recreation center; construction of a city owned evidence storage facility and miscellaneous improvements to City Hall and other departments, a general corporate purpose project, and it is deemed necessary and - 19- advisable that the City issue General Obligation Bonds for such purpose to the amount of $665,000, as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City has a population of snore than 5,000 but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on July 12, 2010, upon the proposal to institute proceedings for the issuance of $665,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of $665,000 Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; WHEREAS, pursuant to Section 3 84.28 of the City Code of Iowa, it is deemed appropriate that the various general obligation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth. WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in Iowa City Press- Citizen, alegal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the -20- 12th day of July, 2010, at 7:00 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at 10:30 o'clock A.M. on said date. The notice shall be in substantially the following form: -21- NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2010B, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa (the "Issuer") at 10:30 o'clock A.M. (CT), on the 12th day of July, 2010. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2010B, in the amount of $7,420,000, to be dated August 2, 2010 (the "Bonds") Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY`' competitive bidding system. Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. (CT). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 -Telephone: (319) 356-5053, or the Issuer's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue, Suite 214, Des Moines, Iowa 50312, -Telephone: (515) 243-2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, State of Iowa. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 15th day of June , 2010. ~_ Mayor ATTEST: `~~~ ~- ~~ City Clerk -24- CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and co>plete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each >ne>nber of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 16th day of June , 2414• City ,City of Iowa City, State of Iowa (SEAL) MMCGINLE/657656.1 /MSWord10714.101 M-G~ 2d 6 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. i n-309 RESOLUTION SETTING A PUBLIC HEARING FOR JULY 12, 2010, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.3% to adequately finance operational costs and will take effect with the first full billing sent after the adoption and publication of said ordinance; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing on an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5, entitled, "Solid Waste Disposal," of the City Code to increase Residential Solid Waste Collection fees, is to be held on the 12~' day of July, 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. 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. Passed and approved this 15th day of June , 2010. MAYOR Approved by ATTEST: ° ~~ ~~~4 ~;'A.~~l~U~ltizj ~~~>~~+~-, CIT ERK City Attorney's Office ~ I~Ii~ fi nadmVes\sol idwaste.doc Resolution No 10-309 Page 2 It was moved by champion and seconded by Wilburn 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. doc ~~a id i Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. i ~-~ i n RESOLUTION SETTING A PUBLIC HEARING ON JULY 12, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY 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: 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 12th day of July, 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 ~ 5th day of Tune . 20.4.--• ~~- ~'/ n MAYOR Approved by ATTEST: CIT LERK (14(4 ~~Z~?~lt;ul;'bi~ ~I~~~(~~1L ''~ City Attorney's Office ~'~j~~p pweng\res\Parksdpt-setph-2010. doc Resolution No. 10-310 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 v x X .~_ x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc M-I Prepared by: Kim Sandberg, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. ~ n-~ i i RESOLUTION ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 2 WHEREAS, the Engineering Division has recommended that the work for construction of the Community Disaster Grant Demolitions Project -Contract 2, as included in a contract between the City of Iowa City and Kelly Demolition of Mt. Vernon, Iowa, dated April 19, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $65,757.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of June ATTEST: ~• CI Y ERK 20 10 MAYOR Approved by ~.~ ~ ~-~o City Attorney's Office It was moved by Champion and seconded by wiiburn 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/commdis2-acptwork.doc 6/10 ^~®~ CITY OF IOWA CITY 2e 1) ~ ~~~~~~~ ®~~~ A N D U M E 1VI O R M Date: June 7, 2010 To: Dale Helling From: Kim Sandberg'~~ Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the June 15th Council meeting: 1) Community Disaster Grant Demolitions Project -Contract 2 Contractor: Kelly Demolition • Project Estimated Cost: $ 95,000.00 • Project Bid Received: $ 65,757.00 • Project Actual Cost: $ 67,757.00 2) 404 Hazard Mitigation Property Acquisition Demolitions Project -Contract 2 Contractor: CAJ Enterprises • Project Estimated Cost: $ 80,000.00 • Project Bid Received: $ 57,988.38 • Project Actual Cost: $ 58,538.03 3) Community Disaster Grant Demolitions Project -Contract 1 Contractor: Kelly Demolitions • Project Estimated Cost: $ 45,000.00 • Project Bid Received: $ 32,969.00 • Project Actual Cost: $ 31,320.55 2e(2) Prepared by: Kim Sandberg, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-312 RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT -CONTRACT 2 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Demolitions Project -Contract 2, as included in a contract between the City of Iowa City and CAJ Enterprises of West Branch, Iowa, dated December 4, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $58,538.03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of ATTEST: ,~~ C TY -ERK 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 ~- x X X ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright June 2010 MAYOR Approved by Pweng/res/404hazm it2-acptwork.doc 6/10 ~~ ~'~^'~ U6-15-10 ` 2e 3 Prepared by: Kim Sandberg, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-313 RESOLUTION ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 1 WHEREAS, .the Engineering Division has recommended that the work for construction of the Community Disaster Grant Demolitions Project -Contract 1, as included in a contract between the City of Iowa City and Kelly Demolition of Mt. Vernon, Iowa, dated April 15, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $31,320.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of June , 20~_ ~'^~'~ MAYOR Approved by ATTEST: CITY -ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x -~ x x ~_ x X City Attorney's Office Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/commdis 1-acptwork.doc 6/10 ` 2e 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-314 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 2449 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on January 6, 2006, the owners executed a Resale Agreement with the City of Iowa City to secure a loan; and WHEREAS, the owners are reselling the home to a eligible income homebuyer; and WHEREAS, the purchase price meets the affordability requirements; and WHEREAS, it is the City of Iowa City's responsibility to 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 2449 Aster Avenue, Iowa City, Iowa from a Resale Agreement, Book 3983, Page 193 through Page 194 of the Johnson County Recorder's Office. Passed and approved this 15th day of June , 20 l0 l~'1... MAYOR ATTEST: ~'-tit/ CIT LERK Ap roved by ~t ~ ~--( -/C~ City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Wilburn the AYES: NAYS: ABSENT: ~ Bailey _ x Champion x Dickens _~ _ 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 Mortgagorls): Mahana Bashir and Fardos Sheikh Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 2449 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 7, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owners, Mahana Bashir and Fardos Sheikh, to the City of Iowa City represented by a Resale Agreement, Book 3983, Page 193 through Page 194 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. `~_ MAYOR Approved ~ ~=~ ~ ~ - ~ 1 i o ATTEST: CITY ERK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ~) On this ~_ day of 'slur ~E , A.D. 20 / 0 ,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 xhe corpora~n by authority of its City Council, as contained in Resolution No. /~ 3! ,adopted by the City Council on the /~ day Junl~ , 20 !O 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. ~~~s SONDRAE FORT c. ° ~ Commission Number 159791 lr~n~ r My Commission Expires . OW 3 o7a12~ Notary Public in and for Johnson County, Iowa rh-~~ o _ . 2e(5) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-315 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, HILLS, IOWA FOR PROPERTY LOCATED AT 237 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 30, 2009, and recorded on December 2, 2009, in Book 4534, Page 605 through Page 610, in the Johnson County Recorder's Office covering the following described real estate: Unit 178-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, 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 a 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 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; 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 sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Hills, Iowa. Resolution No. 10-315 Page 2 Passed and approved this 15th day of June , 20 l0 r<~-6-~ MAYOR ATTEST: ~C CI LERK Approved by 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 ~ Champion _ x Dickens x Hayek ~ Mims _ X Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company, 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 47 070, and was executed by Corey M. Homewood, (herein the Owners), dated November 30. 2009, recorded December 2. 2009, in Book 4534, Page 605 through Page 610, Johnson County Recorder's Office, covering the following described real property: Unit 178-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 $109,830.00 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 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. 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 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 15thday of June , 20 to CITY OF IOWA CITY By ~~ Mayor FINANCIAL INSTITUTION 1.----_ ` 4 Attest: 7C City C erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this I5 ~~ day of ~ NF, , 20 ro ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ma ff~.~~ ~, ~l~~~K _ 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. i~ ° 3 ~ 5 passed (the Resolution adopted) by the City Council, under Roll Call No. ~----- of the City Council on the ~5 ~~` day of 'J ~,v c , 20 i y ,and that 1, ~T, ~f ~ and Marian 6:. Karr acknowledged the execution of the instrument to be their v untary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~ ~s SONDRAE FORT S ~~e ~~ Commission Number 159791 n" • My Commission Expires Notary Public in and for the State of Iowa OW ~~ J ~~~ LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~-~L~ day of < ~~{ , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~(~~~~~ 1 ~ ~~~ ~l~t/~l ~ to me personally known, who being by me duly sworn, did say that he/she is the Sf ~ I ~~.~(CSl(,~(1't ~,DCIi~ a~~ of~~~;~, I ~ C7.t1~1 ~ - ~ ~ V~LS~ ~C~ ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~~ ~ (,1.1 ~ t~1t~ j acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. KIM9ERLY MESSINGER Notary Public i~ d for the State of` owa ~nfaslon Number~~7!!59~~783 ~ ow~ ~ •° ~se~~~1:~_ My Commission expires:~~r~~ ~ ~ ~- ~'~~,.~ r ~. - 5_ ' 2e(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-316 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 101 LINDEMANN 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 April 18, 2008, and recorded on April 23, 2008, in Book 4289, Page 622 through Page 626 in the Johnson County Recorder's Office covering the following described real estate: Lot 114, Lindemann Subdivision Part Three, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 77, Plat Records of Johnson county, Iowa. WHEREAS, MidWestOne Bank is refinancing a mortgage for $145,000 to Lauren D. Bentler and Jason W. Bentler 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 MidWestOne Bank, secured by the proposed mortgage in order to induce MidWestOne Bank to make such a loan; and WHEREAS, MidWestOne Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; 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 MidWestOne Bank, Iowa City, Iowa. Passed and approved this 15th day of June , 20~_. MAYOR Approved by Resolution No. Page 2 10-316 ATTEST: ~ CITY RK 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 ~_ Champion x Dickens x Hayek ~_ Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, 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 122 000, and was executed by The Housing Fellowship. (herein the Owners), dated April 18. 2008, recorded April 23, 2008, in Book 4289, Page 622 through Page 626, Johnson County Recorder's Office, covering the following described real property: Lot 114, Lindemann Subdivision Part Three, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 77, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $145,000 on a promissory note to be executed by the Financial Institution and Lauren D. Bentler and Jason W. Bentler, 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 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. Subordination. The City hereby covenants and agrees with the Financial Institution That the above noted Mortgaqe 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 1 th day of June , 20 10 CITY OF IOWA CITY By Attest: • ~+,~... Mayor City irk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION ' ~~~. k On this 5 day of ~u,~E , 20 Id ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J. 1~1 t~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ' 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. j0--.31~ passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /~ ~~- day of ~i ~.~r e , 20 ~a ,and 'ii'iat C,~ a ~ a ~ (L and Marian r. Karr acknowledged the execution of the instrument to be their volunt act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~~^~ SONDRAE FORT ~n~nr~ ~~ o ~~ Commission Number 159791 = My Commission Expires Notary Public in and for the State of Iowa ow ~ - avia, LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~~ day of `~ ~'~'~~-' , 20~, beforem~,le, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ ('-~ T ~ J (';~'l f ~>/,l~C r to me personally known, who being by me duly sworn, did say that he/she Is the ,~~ " - ~ ~(~'~ i ~~' of ~`~ ~(~ ~~~~-~~t~,, 1~'1~. ,that said instrument was signed on bGha.. ~f said corporation by authority of its Eoard of Ciractors; and that said 5 (~c~fi~ JC~Zf e~ ~~;~U' acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: ~ ~_ U ~ l2~ ~ 2.- aP~,a[ s~ NICOLE E HOUCK o y Commission Number 760338 ~ _~ My Commission Expires SOW P ~~ ~ 7/~ ~~~I~ Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 (SU610- 00005) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. WHEREAS, the owner, Moss Green Development Corporation, filed with the City Clerk an application for approval of the preliminary plat of Moss Green Urban Village, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Moss Green Urban Village, Iowa City, Iowa, is hereby approved. 2. The Mayor and, City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 1St day of June, 2010. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: and seconded by NAYS: Ap roved by Grp' City Attorney's Office ~ /a~/~o ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be M ~ ~, 7 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 10-317 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420T" STREET IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named. project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 8th day of July, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12 day of July, 2010, or at a special meeting called for that purpose. Passed and approved this 15th day of June , 20 to MAYOR Approved by ATTEST: (~ CIT LERK City Attorney's Office pwengUnastersVes appp&s-42UthStreet.doc 6/10 Resolution No. 10-317 Page 2 It was moved by Bailev and seconded by M; ms _ 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.doc ~~~~ s Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. ~ n-~~ R RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 8th day of July, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12 day of July, 2010, or at a special meeting called for that purpose. Passed and approved this 15th day of June 20 10 ATTEST: ~. Cr.~L~L' CIT ERK ~ ~ -, MAYOR A proved by 1(1 ~ ~.~'Kl ttfi~ 7L"f ~ ~'~~~.~-.~ City Attorney's Office pweng\res\rPeninsulaFloodMitigation2010.doc 6110 Resolution No. 10-318 Page 2 It was moved by Wilburn and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x X ~- x ~_ ~- X NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~~,- Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-319 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT-SUMMIT STREET TO CLARK STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Uti-7 5-7 U 9 WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall,. before 2:30 p.m. on the 8th day of July, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12th day of July, 2010, or at a special meeting called for that purpose. Passed and approved this 15th day of June , 20 l0 ~~. ~( _ MAYOR Approved by ATTEST: ~ r.J _ ~ „/ ~ f,L~~1'~'t1~1'ill,(;t?lrlil.~ ~~~ ~~- CITY RK City Attorney's Office ~, ~ / pweng\res\BoweryBrick-appp&s.doc 6/10 `~ Resolution No. 10-319 Page 2 It was moved by Bailey and seconded by n;_~kPnG the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~- x x -~ x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic. doc Prepared by: Wendy Ford, 410 E: Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE WHEREAS, by Resolution No. 10-137, adopted on April 27, 2010, the City Council approved and adopted an urban renewal plan for the area designated as the "Moss Green Urban Village Urban Renewal Plan Area"; with stated objectives including the revitalization and development of an economic development area in the City of Iowa City; and ~~a WHEREAS, the City has received a proposal from Moss Green Development Corporation (the Developer), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Moss Green Urban Village Urban Renewal Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the agreement as the "Development Property"), and upon completion of said Minimum Improvements, the Developer will be eligible for a Economic Development Grants; and WHEREAS, the Agreement further proposes that the City provide up to twenty (20) consecutive annual Economic Development Grant payments, the total, aggregate amount not to exceed the lesser of $13,700,000, fifty percent (50%) per fiscal year of the Tax Increments collected by the City on the Development Property or the actual evidenced costs of said minimum improvements, commencing no later than June 1, 2015 and ending on June 1, 2034, pursuant to Section 403.9 of the Urban Renewal Act, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, the Economic Development grants will be funded by placing 50% of the tax increment proceeds generated within the urban renewal area into an account specifically designated for those grants and the City will retain 50% of the tax increment proceeds for future incentives to businesses wishing to locate within the urban renewal area; and WHEREAS, the Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, as amended. Resolution No. Page 2 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 Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and Moss Green Development Corporation, which is attached hereto and made a part thereof. Passed and approved this day of June, 2010. MAYOR Ap roved„by' .%` .~' r'~ ' i ATTEST: CITY CLERK ity Att rney's fiic ~ Z~ ~0 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND MOSS GREEN DEVELOPMENT CORPORATION FOR DEVELOPMENT IN THE CITY OF IOWA CITY, IOWA -1- AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT (the "Agreement"), is entered into this day of , 2010, by and ~~ ~~ between the City of Iowa City, Iowa, a political subdivision (the City) established pursuant to the Code of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2009, as amended, (hereinafter called the "Urban Renewal Act") and Moss Green Development Corporation, an Iowa corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization and development of an economic development area in the City of Iowa City, Iowa, and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Moss Green Urban Village Urban Renewal Plan Area, which area is described in the Moss Green Urban Renewal Plan, approved for such area by Resolution No. 10-137 on April 27, 2010; and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer is willing to cause certain infrastructure and other improvements to be constructed on the Development Property and thereafter to cause the same to be administered in accordance with this Agreement; and WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this -2- Agreement are in the vital and best interests of the City and in accord with the public purposes and applicable provisions of State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means one or more certifications in the form of the certificate attached hereto as Exhibit C provided to the Developer pursuant to Section 3.4 of this Agreement. City means the City of Iowa City, Iowa. Code means the Code of Iowa, 2009, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the city engineer and/or building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Moss Green Development Corporation, an Iowa Corporation, and its successors and assigns to the extent permitted in this Agreement. -3- Development Property means that portion of the Urban Renewal Area of the City described in Exhibit A attached hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of the sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, extension of Oakdale Boulevard and Moss Place, together with storm sewer and other related site improvements as outlined in Exhibit "B" attached hereto and incorporated herein. Minimum improvements shall include the Developer's legal, engineering and design expenses to facilitate the development and the costs of financing the construction of said Minimum Improvements. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Moss Green Development Corporation -Moss Green TIF Account No. 1 means a separate account within the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited 50% of the Tax Increments received by the City with respect to the Development Property described in Exhibit A. Moss Green Urban Village Urban Renewal Area Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, indebtedness or grants, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance, in whole or in part, projects undertaken pursuant to the Urban Renewal Plan for the Development Property.. -4- Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. of the City, under which the taxes levied on the taxable property within the Development Property shall be divided and a portion paid into the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City of Iowa City. Project means the construction and administration of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property added since the date of this Agreement that are divided and made available to the City by the Johnson County Auditor for deposit in the Moss Green Urban Village Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.9 of this Agreement. Unavoidable Dela r~s means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Moss Green Urban Village Urban Renewal Plan, as amended, approved in respect of the Moss Green Urban Village Urban Renewal Plan of the City, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES -5- Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State of Iowa and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2 Covenants Obligations Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a corporation duly organized and validly existing under the laws of the State of Iowa and has all requisite power and authority to occupy and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Attached hereto and incorporated herein as Exhibit F is the opinion of Developer's counsel confirming this covenant. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the Articles of -6- Incorporation and Bylaws of the Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of this Agreement or the Developer's ability to perform its obligations under this Agreement. (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all applicable local, State and federal laws and regulations, except for permitted variances necessary to construct the Minimum Improvements. Subject to unavoidable delay, construction of said Minimum Improvements shall be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2, or, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. All construction plans for the Minimum Improvements shall be approved by the City in accordance with City construction standards prior to commencement of construction of same. The Developer acknowledges and agrees that Moss Place shall continue to be held by Developer as a private street, and the Developer shall continue to maintain such street unless and until Moss Place is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for Moss Place. However, the Developer shall grant to the City, on behalf of the City and the general public at large, a public, emergency and -7- service vehicle access easement over Moss Place, the general terms of which shall be in the form of Exhibit E attached hereto. The Developer also acknowledges and agrees that certain outlots as indicated on the approved preliminary plat shall be held by Developer as private open space, and the Developer shall continue to maintain such open space unless and until the open space is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for any private open space. (f) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. (g) The Developer represents that the Minimum Improvements, with the exception of Moss Place and the storm sewer serving Moss Place, all Stormwater Management Basins, wetlands and outlots to be held as private open space, shall be dedicated to the City subject to the terms of this Agreement, and shall exercise its best efforts to accomplish same in a timely manner. (h) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (i) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction of the Minimum Improvements. -8- (j) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. (k) As a covenant running with the land, the Developer shall not, prior to the expiration of this agreement, cause or voluntarily permit the Development Property and/or Minimum Improvements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as taxable or as located within the Development Property, bYbeing owned by any entity having tax exempt status or by applying for or seeking a deferral abatement or exemption from property tax pursuant to any present or future statute or ordinance. Developer agrees to memorialize this requirement as a covenant and restriction within any deed issued for any real estate contained, in whole or part, within the Development Property. Said deed restriction shall take the form of the language outlined in this paragraph. (I) Upon completion of the Minimum Improvements or a portion thereof, and after the City has issued a Certificate of Completion, the Developer will provide the City with a deed to convey the rights for said public improvements and related rights of way free and clear of all liens pursuant to section 2.2(e). (m) In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 2.2 hereof, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the City, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. ARTICLE III. CONSTRUCTION AND DEVELOPMENT REQUIREMENTS -9- Section 3.1 Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements and all related site improvements, as more fully described on Exhibit "B" attached hereto, to be constructed on the Development Property in conformance with the Construction Plans submitted to, and approved by, the City. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale thereof as detailed and outlined in Exhibit "B" and the Construction Plans, as so approved. Section 3.2. Construction Plans. The Developer shall present the Construction Plans for the Minimum Improvements to the City for approval and shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and regulations. The City's approval of said Construction Plans shall be signified by the City issuing a building permit; and the City shall approve the Minimum Improvement Construction Plans contemporaneously with its approval of the Final Plat for the Moss Green Urban Village Subdivision. The Construction Plans shall (a) conform to the terms and condition of this Agreement; (b) conform to the terms and conditions of the Urban Renewal Plan; (c) conform to all applicable federal, State and local laws, ordinances, rules and regulations, and (d) shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Improvements. Provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City for any other purpose, including but not limited to, any building, fire, zoning or other ordinances or regulations. Approval of the Construction Plans by City shall not relieve the Developer of any obligation to comply with the remaining terms and provisions of this Agreement, or the provisions of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes under this section of this Agreement, and shall not constitute approval for any other City purpose or subject the City to any liability for the Minimum Improvements or Minimum Improvements as constructed. . Section 3.3 Commencement and Completion of Construction of Minimum Improvements. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be undertaken and completed in conformity with the Construction Plans approved by the applicable City building officials or any amendments thereto as may be approved by City building officials, -10- with construction of said Minimum Improvements to be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2. However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. The Developer agrees that it shall permit designated representatives of the City, upon reasonable notice to the Developer (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements in order to inspect such construction and the progress thereof. However, such inspection shall not relieve or release the Developer from the responsibility to construct said Minimum Improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City to ensure construction of said improvements in accordance with said plans and specifications. Upon notice of completion of the Minimum Improvements, or any portion thereof then being dedicated to the City by the Developer, the City shall inspect the Minimum Improvements and determine whether they have been completed in accordance with this Agreement. If the City finds that the applicable portion of the Minimum Improvements has been duly completed and acceptance is in the best interests of the City, the City shall accept dedication of those completed Minimum Improvements. If the City determines that the Minimum Improvements are not acceptable, it shall notify the Developer within ten (10) days in the form described in Section 3.4 below. Section 3.4. Certificate of Completion for Minimum Improvements. Upon written request of the Developer, after completion of any or a portion of the Minimum Improvements, the City shall inspect, and if satisfied, shall accept said Improvements, and, after acceptance, furnish the Developer with a Certificate of Completion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants anal conditions of this Agreement solely with respect to the obligations of the Developer to construct the applicable portion of the Minimum Improvements. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development -11- Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate. of Completion in accordance with the provisions of this Section 3.4, the City shall, within twenty (20) days after written request by the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the applicable portion of the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such Certificate of Completion. ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Insurance During Construction. Developer will provide and maintain (or cause to be maintained in the case of construction by another entity) at all times during the process of constructing the Minimum Improvements, at its sole cost and expense (prior to acceptance of dedication of any applicable portion by City) (and, from time to time at the request of the City, furnish the City with proof of payment of premiums on) insurance as follows: ~~~ Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the -12- request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, contractual liability and personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the development property) with limits against bodily injury and property damage of at least $1,000,000 per occurrence and for each year. The City shall be named as an additional insured for the City's liability or loss arising out of or in any way associated with the project and arising out of any act, error, or omission of Developers; Developers' directors, officers, shareholders, contractors and subcontractors or anyone else for whose acts the City may be held responsible (with coverage to the City at least as broad as that which is provided to Developers and not lessened or avoided by endorsement). The policy shall contain a "severability of interests" clause and provide primary insurance over any other insurance maintained by the City. (~~) Worker's compensation insurance, with statutory coverage. (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State of Iowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which -13- event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep the Development Property and the Minimum Improvements in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. This duty shall cease as to any Minimum Improvements dedicated to or conveyed to and accepted by the City, and/or upon a permitted sale of any Minimum Improvements. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all applicable laws, rules and regulations relating to the Development Property. -14- Section 6.4. Non-Discrimination. In constructing the Minimum Improvements and selling lots within the Development Property, the Developer shall not discriminate against any person because of race, creed, color, sex, national origin, age, gender identity, marital status, religion, disability or sexual orientation. The Developer shall ensure that applicants, employees, potential purchasers and tenants are considered and are treated without regard to their race, creed, color, sex, national origin, age, gender identity, marital status, religion, physical disability, sexual orientation or familial status Section 6.5 Reserved. Section 6.6. Reserved. Section 6.7. Annual Certification. To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City for each phase of the project the following: (a) a written statement from the County Auditor showing the amount of estimated Tax Increments (as defined in Section 1.1 of this Agreement) in respect of each phase of the project (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property due and payable by Developer or other third parties have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and, to the best of that officer's knowledge and belief at the date of such certificate, and during the preceding twelve (12) months, the Developer was not in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the given of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and actions taken to correct any such default; (d) receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for construction of the Minimum Improvements with a corresponding spreadsheet in both hard-copy and electronic format. Such statement, proof and certificate described above, shall be provided to the City for each phase of the Project not later than November 1 of each year, commencing November 1, 2011. -15- ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the Termination Date, the Developer will maintain its existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all or substantially all of the Minimum Improvements and Development Property, or assign, participate, or otherwise act in such manner as to convey to any third party any interest in this Agreement to any other party unless (i) the transferee, partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this agreement and (ii) the City consents thereto in writing in advance thereof, which consent shall not be unreasonably denied, delayed or withheld. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may (1) pledge any and/or all of its assets and real estate as security for any financing of the Minimum Improvements or construction of other improvements on the Project to a commercial lender, or; (2) sell one or more individual lots in the Development Property to third parties after approval of a final plat containing the Minimum Improvements or a portion thereof in accordance with the terms of any Subdivider's Agreement for said final plat. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Development propertyand the Urban Renewal Act, the City agrees to make up to a maximum of twenty (20) annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. Such annual grants will commence once the developer requests to certify debt, which must occur no later than November 1 of 2013 (the Developer may certify debt in advance of this deadline). If the Developer wishes to certify debt and the City certifies debt to the County Auditor per section 6.7, the Developer shall receive the first economic development grant on June 1 following the fiscal year after such certification (for example, if the City shall certify to the County prior to December 1 of the year of -16- Developer's request, it shall be eligible for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of that fiscal year. (Example: if Developer and the City each so certify in November 2012, the first Economic Development Grant would be paid to Developer on June 1, 2014. ) Such economic development grants shall cease when the total of all grants is equal to the lesser of $13,700,000, the total amount of certified expenditures on the Minimum Improvements or twenty (20) years from the date of the first certification of debt. All annual grants shall be equal to fifty percent (50%) per fiscal year of the Tax Increments or the total of receipts, invoices and any other proof of payment or expense for which it seeks reimbursement (whichever is less) for construction of the Minimum Improvements per section 6.7 (unless the total grant amount of $13,700,000 or twenty (20) years from the date of certification is reached first) collected by the City with respect to the Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve month period in respect of the Development Property and Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to .make an Economic Development Grant to the Developer in any year shall be subject to and conditioned upon the terms of this Article and timely filing by the Developer of the annual statement, proof and certification required under Section 6.7 hereof. Beginning with the first November 1 certification, if such annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City approves of the same, the City shall certify to the appropriate County office prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the County as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer pursuant to 8.1(a). (For example, if the -17- Developer and the City each so certify on November and December 2012, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2014). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular meeting with respect thereto) to the Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing under Section 6.7 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow twenty (20) annual Economic Development Grants if Developer is in compliance with this Agreement. (d) The total aggregate amount of all Economic Development Grants that may be paid to the Developer under this Agreement shall be equal to the lesser of: (a) 50% of the Tax Increments collected with respect to the assessments imposed on the Development Property as of January 1 after the date of first certification of debt and on January 1 of each of the following nineteen (19) years; (b) the actual cost of the Minimum Improvements for which bills and proof of payment have been submitted to the City as of the date of any payment, but constructed by the Developer; or c) Thirteen Million, Seven Hundred Thousand Dollars ($13,700,000). It is understood -18- and agreed by the parties hereto that no Economic Development Grant will be paid to the Developer unless and until Developer provides to the City bona fide copies of receipts, invoices and any other proof of payment or expense for each amount for which Developer seeks reimbursement as defined in Exhibit "B" of this Agreement. Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. The parties recognize that the total aggregate amount set forth above is a maximum amount only and that the actual amount of each Economic Development Grant will be determined after the Minimum Improvements are completed and valuations of the Development Property with the improvements thereon, have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Article X (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Article X), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Article X hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the Moss Green Development Corporation-Moss Green TIF Account No. 1 of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and, subject to Developer compliance and annual appropriation by the City Council, to apply the incremental taxes collected in respect of the Development Property and allocated to the Moss Green Development Corporation- Moss Green TIF Account No. 1 to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner -19- by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City fails to appropriate funds into the Moss Green Development Corporation- Moss Green TIF Account No. 1, or receives an opinion from its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax increments resulting from the Development Property to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. The right of non-appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future Economic Development Grants shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by the City shall be deemed to have occurred as a result thereof: If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City, its agents, governing body members, attorneys, employers, successors or assigns, in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the Moss Green Development Corporation-Moss Green TIF Account No. -20- 1 (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property or any other properties within the Urban Renewal Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, attorneys, servants and employees thereof (hereinafter, for purposes of this Article IX, the "Indemnified Parties") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any claim, demand, lawsuit, loss or damage to any person in connection with the Minimum Improvements, the Development Property or this Agreement. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and administration of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. -21- (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, attorney, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed within ten (10) years of the execution of this agreement and pursuant to the terms, conditions and limitations of this Agreement; However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. (b) Transfer of any interest (either directly or indirectly) in this Agreement or the Development Property and minimum improvements in violation of the provisions of Article VII of this Agreement; -22- (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) If the holder of any Mortgage on the Development Property owned by Developer, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default by Developer under the applicable Mortgage documents; (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or State law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Development Property or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement which shall be proven to have been incorrect, incomplete or misleading and such misstatement was known by Developer at the time it was made, in any material respect on or as of the date of the issuance or making thereof. -23- Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City as specified below, may take any one or more, or a combination, of the following actions after (except in the case of an Event of Default under subsection (d) or (e) of said Section 10.1, in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold a Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to recover damages or to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, as amount equal to all Economic Development Grants previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power -24- accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and either party shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement herein contained, the party in default agrees that it shall, on demand therefor, pay to the other party the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by them in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Developer's Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to appropriate under Section 8.2(b) hereof, or fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure within ninety (90) days of receipt of such notice, or, if such action cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such action will be cured as soon as reasonably possible. Section 11.2. City's Option to Terminate. This Agreement may be terminated by the City if (i) the City is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof (with the exception of nonappropriation under Section 8.2(b)); and (ii) the Developer fails to complete all of the Minimum Improvements outlined in Exhibit "B" within ten (10) years of the execution of this agreement and fails to provide an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of -25- remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, or (iii) Developer fails to comply with any material term of this Agreement, and, after written notice by the City of such failure, the Developer has failed to cure within ninety (90) days of receipt of such notice, or, if such action cannot reasonably be cured by the Developer within ninety (90) days of receipt of such notice, the Developer has not provided assurances reasonably satisfactory to the City that such action will be cured as soon as reasonably possible. Section 11.3. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and administration of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer, agent, attorney or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision- making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be -26- sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 with a copy to Developer's attorney addressed to Mark C. Danielson, Leff Law Firm, L.L.P., 222 South Linn Street, Iowa City, Iowa 52240. (b) In the case of the City, is addressed to or delivered personally to the City at the City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Attn: City Clerk, with a copy to the City Attorney at the same address; or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit B, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Developer shall pay all costs of recording. Section 12.7. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. -27- Section 12.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.9. Termination Date. Unless terminated earlier, this Agreement shall terminate and be of no further force or effect on and after December 31, 2034. [Remainder of this page intentionally left blank. Signature pages to follow.] -28- IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor of the City and its seal to be hereunto duly affixed and attested by the Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf by its President, all on or as of the day first above written. (SEAL) ATTEST: By: Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President ATTEST: By: Title: -29- STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. Notary Public in and for the State of Iowa, STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa -30- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: 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 A-1 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. A-2 EXHIBIT B MINIMUM IMPROVEMENTS Minimum Improvements shall consist of the installation of streets, street lighting, sanitary sewers, storm sewers, sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, waterlines, sidewalks, extension of Oakdale Boulevard and Moss Place together with other related site improvements, public utilities, public utility extensions and the lands thereunder, as well as all design, engineering, inspection, construction supervision, legal and financing costs, within the Development Property directly related to the Minimum Improvements which are outlined and depicted on the Moss Green Urban Village Master Plan, approved Sensitive Areas Development Plan, approved Overlay Planned Development, the approved Preliminary Plat and as described in the Construction Plans to be submitted and approved by the City under Article III, all of which are incorporated by reference herein. The Developer shall submit copies of actual receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for the Minimum Improvements as required by Section 8.1(d). It is anticipated that actual construction costs of the Minimum Improvements will be: MOSS GREEN URBAN VILLAGE Oakdale Boulevard Item Amount Unit Unit Cost Total $ $ Paving 35640 S.Y. 60.00 2,138,400 $ $ Trail 6072 S.Y. 25.00 151,800 $ $ Sidewalk 3036 S.Y. 20.00 60,720 $ $ Water Main 5400 L.F. 25.00 135,000 $ ~ Water Main Encasement 675 L.F. 75.00 50,625 $ $ Bridges 39550 S. F. 70.00 2,768,500 $ $ Road Fill/Pond Excavation 270,000 C.Y. 4.00 1,080,000 $ $ Storm Water Chambers 300 E.A. 530.00 159,000 $ $ 15" Storm Sewer 5900 L.F. 30.00 177,000 $ $ Storm Sewer Intake 20 EA. 2,500.00 50,000 $ $ Street Lighting 1 L.S. 300,000.00 300,000 A-3 s Unforseen/Incedentals 10% $ 7,071,045 707,105 7,778,150 Moss Place $ $ Paving with Trails, Porous Pavement, Parking 24000 S.Y. 60.00 1,440,000 $ $ Water Main 5200 L.F. 25.00 130,000 $ $ Water Main Encasement 225 L.F. 75.00 16,875 $ $ Bridge 9000 S. F. 70.00 630,000 $ $ Road Fill/Pond Excavation 30,000 C.Y. 2.50 75,000 $ $ Storm Water Chambers 660 E.A. 530.00 349,800 $ $ 16" Storm Sewer 4800 L.F. 30.00 144,000 $ $ Storm Sewer Intake 34 EA. 2,500.00 85,000 $ $ Street Lighting 1 L.S. 200,000.00 200,000 Unforseen/Incedentals 10% $ 3,070,675 307,068 3,377,743 Sanitary Sewer New System $ $ 24" San. Sewer 6300 L.F. 360.00 2,268,000 $ $ 6" Force Main 6300 L.F. 18.00 113,400 $ $ 8" San. Sewer 4238 L.F. 26.00 110,188 $ $ Lift station 180 TDH @ 200 gpm 1 L.S. 300,000.00 300,000 Unforseen/Incedentals 10% $ 2,791,588 279,159 3,070,747 Fees Engineering, Legal, Accounting and others 906,000 Interest on Construction Loan(assumed 8 year return) 2,100,000 TOTAL PROJECT ESTIMATE 13,632,639 A-4 Prepared By: Return To: EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and Moss Green Development Corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer"), did on or about the day of , 2010, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: 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, C-1 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. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement 'with respect to the construction of the Minimum Improvements on the Development Property. C-2 All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) By: ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) SS COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew Hayek and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa C-3 EXHIBIT D MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, City of Iowa City, Iowa, (the "City")and Moss Green Development Corporation (the "Developer") did on or about the day of June 2010, make, execute and deliver an Agreement for Private Development (the Agreement) wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and more particularly 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 C-4 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. WHEREAS, the terms of this Agreement shall commence on the day of June, 2010, and terminate on or about the 31St day of December, 2032, as set forth in the Agreement; and WHEREAS, the City and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the Office of the City Clerk, City Hall, Iowa City, Iowa. C-5 IN WITNESS WHEREOF, the City and the Developer has executed this Memorandum of Agreement for Private Development as of the day of June, 2010. (SEAL) CITY OF IOWA CITY, IOWA By: ATTEST: By: Marian K. Karr, City Clerk Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President ATTEST: By: Title: C-6 STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and ~ to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C-7 EXHIBIT E FORM OF PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT Prep'd by: Sarah E. Holecek, 1st Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319)356- 5030 PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT FOR MOSS GREEN URBAN VILLAGE THIS AGREEMENT made and entered into by and between Moss Green Development Corporation, an Iowa Corporation, hereinafter referred to as Developer, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Developer hereby grants and conveys to the City, an easement which includes the right of public, emergency and City service access to the areas designated as Moss Place , as shown on the Final Plat of Moss Green Urban Village, Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. This Public, Emergency and Service Vehicle Access Easement (hereinafter "Public Access Easement") provides the City, City service vehicles and the general public with a means of ingress, egress and passage over the private street designated as Moss Place on said plat, whether by vehicle or other means. With regard to the above-described Public Access Easement over the private street designated as Moss Place, the Iowa City Police Department is hereby authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the private street in violation of the parking laws of this City and State. This agreement shall serve as appropriate notice for such authorization to the Iowa City Police Department under the Code of Iowa, as amended. The Developer and its assigns hereby also agree to release, indemnify and hold harmless the City, its officers, employees, elected officials and agents from any damages, claim of damages or liability resulting from any ticketing or towing as authorized under the preceding paragraph. Additionally, the Iowa City Fire Department and other departments of the City are hereby granted an easement with the right of access over and across the above- described Public Access Easement on the private street designated as Moss Place on C-8 the final plat of Moss Green Urban Village, Iowa City, Iowa. Said right of access also includes the right of non-emergency and service vehicle access and the right to post signage for the purposes of enforcing traffic laws and Fire Safety Standards underthe Uniform Fire Code, as amended. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining Moss Place or the easement area. The Developer reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Developer shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area. Nothing in this Agreement shall be construed to impose a requirement on the City to install the private improvement known as Moss Place at issue herein. Nor shall the Developer be deemed acting as the City's ageht during the original construction and installation of said improvement. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Developer until completion by the Developer. The Developer hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. CITY OF IOWA CITY, IOWA By: ATTEST: By: Marian K. Karr, City Clerk Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President C-9 ATTEST: By: Title: STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C-10 EXHIBIT F FORM OF LEGAL OPINION City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Development by and between the City of Iowa City, Iowa and Moss Green Development Corporation Gentlemen: As counsel for Moss Green Development Corporation (the "Developer"), and in connection with the execution and delivery of a certain Development Agreement (the "Development Agreement") between the Developer and the City of Iowa City, Iowa (the "City") dated as of 2010, we hereby render the following opinion: We have examined the original, certified copy, or copies otherwise identified to our satisfaction as being true copies of such documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: The Development Agreement has been duly and validly authorized, executed and delivered by Moss Green Development Corporation, and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Very truly yours, C-11 Publish 5/14 ADVERTISEMENT FOR BIDS LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT /~ .. Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:30 A.M. on the 8'" day of June, 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 15tH day of June, 2010, or at a special meeting called for that purpose. The Project will involve the following: 625,000 cubic yards of excavation, 700,000 square feet of HDPE liner, 3500 feet of HDPE Pipe, 1200 feet of Concrete Pipe, 70 acres of seeding and other related landfill cell construction work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane SW, Cedar Rapids, Iowa, 52409, 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 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion 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 com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: August 5, 2011 Liquidated Damages: $3000 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 Howard R. Green Company, 8710 Earhart Lane SW, PO Box 9009, Cedar Rapids, Iowa, 52409-9009, by bona fide bidders. A $100 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 Howard R. Green Company. A pre-bid conference will be held at 9:00 am on May 26, 2010 at the landfill site. Attendance at the pre-bid conference is highly encouraged but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. 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. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. 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. R-1 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 R-2 ,M ~~,~ 12 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 10-320 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL STAGE 1 CELL CONSTRUCTION PROJECT. WHEREAS, Connolly Construction Inc. of Peosta, Iowa has submitted the lowest responsible bid of $4,690,386.48 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 Connolly 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 1 5th day of June , 20 10 ~~l MAYOR Approved by ATTEST: ~ ~ G litr,~ ~ G ^'Vl~l,i'~ m7~ ~~'~ t~Zv CITY ERK City Attorney's Office ~ (~ ~ ~~~ It was moved by Wi 1 burn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey g -Champion x Dickens ~_ Hayek x Mims g Wilburn g Wright pweng\res\awrdcon-landfil Istage 1. doc 6/10 Publish 5/14 ~ 1 NOTICE TO BIDDERS ~'`- SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS MEMBRANE 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 10tH day of June, 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 15th day of June, 2010, or at a special meeting called for that purpose. The Project will involve the following: Removing and replacing roof membrane on the Senior Center. The work will also involve masonry repairs and cleaning coping caps, balustrades and brick masonry on parapet walls. The project will require the provision and installation of new roof deck insulation and 60 mil adhered PVC membrane. The contractor will be responsible for providing support for associated plumbing and electrical work. A pre-bid meeting will be held on the 25th of May at 10:30 a.m. in Room 208 at the Senior Center located at 28 South Linn Street. Ramp parking is available to the north of the facility, and limited metered parking is available neighboring the building. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, 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: Specified Start Date: June 21, 2010 End Date: October 29, 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 VJ Engineering, 2570 Holiday Road, Coralville, Iowa, 319-338-4939, by bona fide bidders. A $30.00 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 VJ Engineering. 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 M-~- Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 10-321 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT 2010. ~l,~Q. WHEREAS, Jim Giese Commercial Roofing, Inc. of Dubuque, Iowa has submitted the lowest responsible bid of $122,800.00 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 Jim Giese, Commercial Roofing, 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 Senior Center Coordinator is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this~h day of June , 2010 ~~ MAYOR Approved by ATTEST: - ~ CITY ERK City Attorney's Office It was moved by Mims and seconded by Champion 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 pweng\res\SeniorCtrRoof-awrdcon.doc 6110 13 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. RESOLUTION A ARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND TH CITY CLERK TO A EST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER B ILDING ENVELOPE ROOF REPAIRS AND M BRANE REPLACEMENT PRO CT 2010. WHEREAS, of has submitted the lowest responsible bid of $ for construction of the abov -named project. NOW, THEREFORE, BE Il~ RESOLVED BY THE CIT~ COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 1. The contract for the construction of the a adequate performance aid payment bo program statements. \ 2. The Mayor is hereby autP construction of the above- adequate performance and program statements. 3. The Senior Center Coord become necessary in the ~' Passed and approved this imed project is hereby awarded to to the condition that awardee secure certificates, and contract compliance sign and the City Clerk to attest the contract for roject, subject to the condition that awardee secure bond, insurance certificates, and contract compliance is authorized to execute change orders as they may ;tion of the above-named project. of 20 YOR Approved by \ City Attorney's Office ATTEST: :' CITY CLERK It was moved~by and adopted, and" upon roll call there were: ~' AYES: by NAYS: ABSENT: Bailey Champion ~. Dickens .Hayek Mims Wilburn Wright the Resolution be pweng\res\SeniorCtrRoof-awrdcon. doc 6/10 ~ ~, Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 10-322 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A SHORT TERM LEASE AGREEMENT WITH THE HORACE MANN BEFORE AND AFTER SCHOOL PROGRAM (BASP) FOR THE USE OF 435 SOUTH LINN STREET FOR THEIR SUMMER PROGRAM. WHEREAS, Horace Mann Summer Program is in need of space in which to operate due to construction at Horace Mann School; and WHEREAS, Iowa City owns the subject property, and intends to demolish it in anticipation of construction of a new facility, but does not intend to do so until at least fall of 2010; and WHEREAS, the City of Iowa City sees the value to the community in allowing the use of the subject property for the Horace Mann Summer Program, WHEREAS, the City of Iowa City sees the value to the community in allowing the use of the subject property as an alternate facility for the Horace Mann Summer Program while the roof at Horace Mann is being repaired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this ~ 5th day of .Trine _, 200_• 1. The Lease, attached hereto and made a part hereof, is approved as to both form and content. 2. The Mayor and the City Clerk are hereby authorized to execute and attest said Lease in duplicate. 3. The Interim City Manager is hereby authorized to execute any subsequent renewal, as provided in the attached Lease. ~'k~i.~-- 50 ~~r MAYOR Approved by ATTEST: .~~.~~ ~~L2~ CITY ERK City Attorney's Office wpdatarccoghs/reslstpatslease.doc Resolution No. 10-322 Page 2 It was moved by sailey and seconded by n; ckPnG the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x _~._ _~_ X ~- x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc LEASE AGREEMENT This Lease Agreement is made and entered into by and between the City of Iowa City (hereinafter "Laxxdlorcl") whose address is 410 E. Washington Street, Iowa City, Iowa, 62240 and Horace Mann Summer Program., (hereinafter called "Tenant"}. V~rIiEREAS, Horace Mann Summer Program is in need of space in which to operate due to construction at Horace Mann School; and WHEREAS, Iowa City owns tlxe subject property, and intends to demolish it in anticipation of construction of a ne~v facility, but does not intend to do so until at least fall of 2010; and WHEREAS, the City of Iowa City sees the value to the community in allowing the use of the subject property for the Horace Mann Summer Program, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby aclcnowledged, the parties do hereby agree as follows: 1. Prenises and Term. Landlord is the owner of certain real estate in Johnson County, Iowa, containing a building locally known as the St. Patrick's Parish Hall and an adjacent parking lot. Tenant hereby rents and leases from Landlord according to the terms and provisions herein, the upper level of the Parish Hall located upon the following described real estate, situated in Johnson County, Iowa, to wit: Lots 1, 2, 3, and 4 in Block 1 County Seat Addition, Iowa City, Iowa (hereinafter "Leased Premises"), for a term cozntnencing Monday, June 14, 2010 and terminating on August 6, 2010 (hereinafter "lease termination date"), upon the condition that the Tenant pays rent and otherwise performs as provided in this lease. Tenant has no rights to the lower level of the Parish Hall, shall not enter the lower level of the Parish Hall, and twill actively prevent any and all clients o£ the Horace Mann Summer Program from entering the lower level of the Parish Hall. Landlord is separately leasing out the parking spaces adjoining the Leased Premises, so no parizixig spaces are provided as part of this lease. 2. Rent. As consideration for this lease, Tenant agrees to pay to Landlord as rent $1 for the rental term. 3. Possession. Tenant shall be entitled to possession of the upper level of the Parish Hall (hereinafter "Leased Premises") upon t-he commencement of the lease and shall yield possession to the Landlord at the time and date of the termination of this lease. Landlord shall retain the right to possess any and all remaining parking spaces in the parking lot not otherwise rented to Tenant and to perform such maintenance and repair to the parking structure as may be necessary without prior approval from Tenant. Landlord also reserves the right to enter the leased premises between the hours of G:00 p.m, and 6:00 a.m. for purposes of maintenance, or at any time in the event of an emergency. 4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and occupy the Leased Premises solely for purposes of operating Tenant's Summer Program. ri. Care and Maintenance o£ Leased Premises. 2 a. Tenant takes the Property, Building and Leased Premises in their present condition. b. Landlord shall have no maintenance obligations with regard to the interior of the leased portion of the Parish Hall. It shall be Tenant's obligation to keep the interior of the Leased Premises in good repair at Tenant's own expense. This includes, but is not limited to, HVAC, electrical, and plumbing, all of which will be Tenant's responsibility. a Tenant shall, after taking possession of the Leased Premises and until the termination of this lease, at Tenant's own expense, care for and maintain the Leased Premises in a reasonably safe, serviceable and habitable condition. Tenant will not permit or allow said Leased Premises to be damaged by any act of negligence of the Tenant, its employees, agents, volunteers, invitees or clients. cl. Tenant shall make no unlawfiil use of said Leased Premises and agrees to comply with all valid regulations of the Board of health, City ordinances, the laws of the State of Iowa and the Federal government with respect to the Propez•ty, Building and Leased Premises. This provision shall not be construed, however, as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to acciunulate in the area or to the front, side, or rear thereof, and it will remove same from the premises at its own expense. G. Utilities and Services to Leased Premises. Landlord shall be responsible for the reasonable costs of all utilities supplied to Leased Premises, including electric, gas, water/sewage, heating services, and snow removal during the term of this Lease agreement. No waste removal services shall be provided, so Tenant will be responsible for properly disposing of any trash created on site. 7. Taxes. Although the parties fully contemplate that the property will remain tax exempt, in the event that the City Assessor unposes any real estate tax or special assessment against the leased premises, Tenant shall be responsible for all such taxes and special assessments accrued during the lease term. 8. Property and Occupancy at Risk of Tenant. All property of any kind which znay be brought upon or within the Leased Premises by Tenant, its employees, agents, volunteers, invitees, and clients during the term hereof, shall be at the sole risk of Tenant, and Landlord shall not be liable to Tenant or to any other person for any injury, loss oz• damage to any person or property in or upon the Leased Premises, and Tenant agrees to assume all liability for or on account of such injury, loss or damage. The parties do not intend for this lease to create any third-party beneficiaries. 9. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that upon the termination of this lease it will surrender and deliver the Leased Premises to Landlord. Tenant may, prior to the expiration of the term of this lease if not in default hereunder, remove any fixtures or equipment which Tenant has installed in the Leased Premises. 10. Holding Over. In the event Tenant desires to continue possession beyond the lease termination date, an extension of this lease may be negotiated at that time. Tenant will not holdover unless Lancllord first agrees to sign a written extension agreement. 11. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the Leased Premises without the prior written consent of Landlord. 2 3 12. Insurance. Tenant covenants and agrees that it will, at its own expense, procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b. Excess Liability $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) clays' notice to the Landlord before cancellation of said insurance. 13. Indemnity. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage, or injury of any nature ~vl~atsoever sustained by Tenant, its employees, agents, volunteers, invitees, or clients during the terns of this Leaso, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Lancllord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 14. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant shall have the right to file any mechanic's lien against the Property, Building or Leased Premises. Tenant shall give notice in advance to all contractors and subcontractors who may fitrnish or agree to fiunish any material, service or labor of any kind. 15. Default, Notice of Default and Remedies, Failtn~e to pay rent when due or failure to perform any other duty of Tenant under the terms of this lease agreement, abandonment of the tenancy by failing to engage in its usual and customary business activities on the premises for more than ten consecutive business days, anti/ot• institution of bankruptcy proceedings by or against Tenant or any assignment for the benefit of creditors or appointment of a receiver for the property or affairs of Tenant, shall constitute default by Tenant. In the event of default by Tenant, Landlord shall give Tenant a written notice specifying the default and giving Tenant ten days in which to correct the default. In the event Tenant has not remedied a default in a timely manner following a notice of default, Landlord may proceed with all available remedies at larv or in equity including but not limited to texinination of this lease agreement. In the event of such termination, Landlord shall give Tenant a written notice of such termination. Tenant shall vacate the Property, Building and Leased Premises and be responsible to Landlord for all 3 4 expenses of Landlord in terminating the lease and regaining possession of the premises, including attorney fees and court costs. 1G. Landlord's Lien and Security Interest. Landlord shall have in addition to the lien given by lacy a security interest as provided by the Uniform Commercial Code upon all personal property and all substitutions thereof kept and used on the premises by the Tenant. Landlarcl may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent or for termination of this lease because of Tenant's defazzlt in its performance. 1.7. Rights Cumulative. The various rights, powers and remedies of either party provided in this lease shall be construed as cumulative and no one of them as exclusive of the others. 1.8. Notices and Demands. Notices as provided for in this lease shall be given to the respective parties hereto at their respective addresses designated in this lease agreement. 19. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. 20. Changes to be in Writing. This lease agreement shall be in any manner modified, waived or abandoned except by a ~vi~itten instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. IN WITNESS WHE EOF, the parties hereto have duly executed this lease in duplicate on this ~ day of , 2010. HORACE MANN SUMMER PROGRAM CITY OF IOWA CITY, LANDLORD, LANDLORD ,' ~---- B By; Y~ IZut Alle~~der, Director Y~ / Sophie J~OIy, MANN P Board of Directors Matthew Hayelc, ayor Attest: ~~-~~J ~ 7~~ Maria-I~.I~arr Cit Clerk Y Approved by: i~~ ~~ ~' ` ~ ~`~ City Attorney's Office TENANT ACHIVOWLEDGEMENT STATE OF IOWA } } ss: JOHNSON COUNTY ) On this 1 ~l~day of 1 u.a~ , 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rtatlz Allender and Sophie Joly, to zne personally known and after being duly sworn by zne, did say that they are the Director and Board of Directors Member, respectively, of said corporation executing the within and foregoing 4 5 instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board; and that the said Director, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execu ci. ' otary Public in and for the State of Iowa LANDLORD ACKNOWLEDGEMENT ~ ~~~,d ~e n51WW00 A~J STATE OF IOWA ) ~'~~01 d ~ lO1V ss: ~-A~~l lla ~ ~11~N(l JOHNSON COUNTY ) On this IS ~~' day of uNF ,2010, before zne, the undersigned, a Notary Public in azul for the State of Iowa, personally appeared Matthew Hayek and Marian I{. Karr, to me personally known, and who, being by me duly sworn, dicl say that they are the Mayor and City Clerl~, 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; and that Matthew Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. - Ste, ~.. ~.~-b ,39~"<s SONDRAE FORT ' _ ~ Commission Number 159791 Notary Public in and for the State o£ Iowa • My Commission Expires aai~ 5 ~/.3b LEASE AGREEMENT This Lease Agreement is made and entered into by and between the City of Iowa City (hereinafter "Landlord") whose address is 410 E. Washington Street, Iowa City, Iowa, 52240 and Horace Mann Summer Program., (hereinafter called "Tenant"). ~ WHEREA Horace Mann Summer Program is in need of space in whit to operate due to construction Horace Mann School; and WHEREAS, Iowa ty owns the subject property, and intends to de olish it in anticipation of construction of a~nc~v facility, but does not intend to do so until least fall of 2010; and WHEREAS, the City of owa City sees the value to the Comm nity in allowing the use of the subject property for th Horace Mann Summer Program, NOW THEREFORE, in light of the mutual conside ation exchanged herein, the receipt and sufficiency of hich is hereby acknowled ed, the parties do hereby agree as follows: 1. Premises and Term. La~ County, Iowa, containing a and an adjacent parking according to the terms and located upon the following d to wit: 2 3. 4. 5. ~ is the owne of certain real estate in Johnson ling locally k own as the St. Patrick's Parish Hall Tenant her y rents and leases from Landlord visions her in, the upper level of the Parish Hall ib~ed real tate, situated in Johnson County, Iowa, Lots 1, 2, 3, and 4 in Block `~ (hereinafter "Leased Premises"), for a terminating on August 6, 2010 (her condition that the Tenant pays rent lease. Tenant has no rights to the to lower level of the Parish Hall, and w Horace Mann Summer Program orr Landlord is separately leasing Premises, so no parking spaces a Rent. As consideration for this e for the rental term. Possession. Tenant shall be ntitled Hall (hereinafter "Leased Pre ises") yield possession to the Landl rd at th Landlord shall retain the r' ht to po the parking lot not otherw se rented and repair to the parking ructure as Tenant. Landlord also r erves the r hours of 6:00 p.m. and 6. 0 a.m. for event of an emergency. Use of Premises. Ten and occupy the Lease Program. Care and Mainten ce gf Leased C ity Seat Addition, Iowa City, Iowa commencing Monday, June 14, 2010 and ;er "lease termination date"), upon the otherwise performs as provided in this el of the Parish Hall, shall not enter the ti ely prevent any and all clients of the ri the lower level of the Parish Hall. agr es to pay to Landlord as rent $1 ing spaces adjoining the Leased t of this lease. to possession the upper level of the Parish upon the comme ement of the lease and shall e time and date of e termination of this lease. ssess any and all r aining parking spaces in to Tenant and to p rform such maintenance may be necessary w' hout prior approval from fight to enter the leased premises between the purposes of maintenance, or at any time in the nt covenants and agrees during the term of this lease to use Premises solely for purposes of operating Tenant's Summer Premises. out the par provided as p ase, Tenant 2 a. Tenant takes the Property, Building and Leased Premises in their present condition. b. Landlord shall have no maintenance ligations with reg d to the interior of the leased portion of the Parish Ha It shall be Tenant's bligation to keep the interior of the Leased Premises in good repair at Tenant' own expense. This includes, but is not limited to, VAC, electrical, and plu ing, all of which will be Tenant's responsibility. c. Tenant shall, after taking p ssession of the Leased remises and until the termination of this lease, at enant's own expense, c e for and maintain the Leased Premises in a reaso ably safe, serviceable and habitable condition. Tenant will not permit or allo said Leased Premise to be damaged by any act of negligence of the Tenant, its mployees, agents, v unteers, invitees or clients. d. Tenant shall make no unlawf 1 use of said Le sed Premises and agrees to comply with all valid regulatio s of the Board f Health, City ordinances, the laws of the State of Iowa and the Federal overnment with respect to the Property, Building and Leased P~emises. Th' provision shall not be construed, however, as creating any duty liy Tenant to members of the general public. Tenant will not allow trash of any ind to ccumulate in the area or to the front, side, or rear thereof, and it will emo same from the premises at its own expense. 6. Utilities and Services to Leased Pr ses. Landlord shall be responsible for the reasonable costs of all utilities supplie to Leased Premises, including electric, gas, water/sewage, heating services, and n w removal during the term of this lease agreement. No waste removal se vice shall be provided, so Tenant will be responsible for properly disposing o any t sh created on site. 7. Taxes. Although the parties full contem late that the property will remain tax exempt, in the event that the C' y Assesso imposes any real estate tax or special assessment against the leased remises, T nant shall be responsible for all such taxes and special assessments ccrued durin the lease term. 8. Property and Occupancy t Risk of Ten nt. All property of any kind which may be brought upon or ithin the Leased remises by Tenant, its employees, agents, volunteers, invitee ,and clients during he term hereof, shall be at the sole risk of Tenant, and Land rd shall not be liable Tenant or to any other person for any injury, loss or da age to any person or roperty in or upon the Leased Premises, and Tenant grees to assume all liabilit for or on account of such injury, loss or damage. The arties do not intend for thi lease to create any third-party beneficiaries. 9. Surrender of Pre 'ses and End of Term-Remov 1 of Fixtures. Tenant agrees that upon the ter ination of this lease it will surre der and deliver the Leased Premises to Lan rd. Tenant may, prior to the expirati of the term of this lease if not in default h reunder, remove any fixtures or equ ment which Tenant has installed in the eased Premises. 10. Holding Over In the event Tenant desires to continue pos ession beyond the lease termination d e, an extension of this lease may be negotiate at that time. Tenant will not holdo er unless Landlord first agrees to sign a written xtension agreement. 11. Assignmen and Subletting. Tenant may not assign this ease agreement or sublet the L ased Premises without the prior written consent of Landlord. 2 3 12. Insurance. Tenant covenants and agrees that it will, at its own expense, procure and maintain general insurance in a company o co panies authorized to do business in the State of Iowa, in the following am nts: a. Comprehensive General Liability (1) Bodily Injury & Property 13 14 15. b. Excess Liability c. Worker's Compensation Ins Tenant's insurance carrier shall be A name the Landlord as an additional it within thirty (30) days of execution ~ copies of said policies, naming the Lar provide fifteen (15) days' notice to the I Indemnity. Landlord hereby disclaim from any and all liability, whether in negligence) for any loss, damage or i ; Tenant, its employees, agents, volun E Lease, including, but not limited to, os that may be located or stored in t e P~ caused by the Landlord's gross egli~ parties hereby agree that unde no ci indirect, consequential, specia or exec (including strict liability and egligenc nr anticipated profits or oth r damage Aa~regate 000, 000 $ 2, 000, 000 $1, 000, 000 $1, 000, 000 as req~ired by Chapter 85, Code of Iowa. rated o better by A.M. Best. Tenant shall cured. enant shall deliver to the Landlord, F thi Lease, Certificates of Insurance and llor as an additional insured. Tenant shall in ord before cancellation of said insurance. ,, and Tenant hereby releases the Landlord ntract or tort (including strict liability and ury of any nature whatsoever sustained by °s, invitees, or clients during the term of this damage or injury to the property of Tenant ~mises, unless such loss, damage or injury is once or intentional willful misconduct. The umstances shall the Landlord be liable for ~ lary damages, whether in contract or tort such as, but not limited to, loss of revenue r lated to the leasing of the Premises under this Lease. Mechanics' Liens. Neit er Tenant no anyone claiming by, through or under Tenant shall have the fight to file an mechanic's lien against the Property, Building or Leased Pre ises. Tenant shall five notice in advance to all contractors and subcontractors wh may furnish or ag ee to furnish any material, service or labor of any kind. Default, Notice of efault and Remedie .Failure to pay rent when due or failure to perform a other duty of Tenant un r the terms of this lease agreement, abandonment oft tenancy by failing to a gage in its usual and customary business activities 'on the premises for more th n ten consecutive business days, and/or institution of bankruptcy proceedings by or against Tenant or any assignment for th' benefit of creditors or appointm nt of a receiver for the property or affairs of Ten nt, shall constitute default by Ten nt. In the event of default by Tenant, Landlor shall give Tenant a written note e specifying the default and giving Tenant to -irr which -to correct the default. In the event Tenant has not remedied a default in a timely manner following a noti of default, Landlord may proceed with all available remedies at law or in equity including but not limited to termination of this lease agreement. In the event of such termination, Landlord shall give Tenant a written notice of such termination. Tenant shall vacate the Property, Building and Leased Premises and be responsible to Landlord for all 3 4 16. 17 18. 19. 20 expenses of Landlord in terminating the lease and regaining possession of the premises, including attorney fees and court costs. Landlord's Lien and Security Interest. Landl shall ave in addition to the lien given by law a security interest as provided y the Unif m Commercial Code upon all personal property and all substitute s thereof k t and used on the premises by the Tenant. Landlord may proceed t law or in equity with any remedy provided by law or by this lease for the recove y of rent or fc~r termination of this lease because of Tenant's default in its perform nce. Rights Cumulative. The various ri hts, p veers and re edies of either party provided in this lease shall be constr ed as cumulative aid no one of them as exclusive of the others. Notices and Demands. Notices as pro 'ded for in this 1 ase shall be given to the respective parties hereto at their resp ctivQ addresses designated in this lease agreement. Provisions to Bind and Benefit Su ces ors, As gns, Etc. Each and every covenant and agreement herein containe s ;all exte to and be binding upon the respective successors, heirs, administrat rs, ~ execut rs and assigns of the parties hereto. Changes to be in Writing. This lease ag eeme t~shall be in any manner modified, waived or abandoned except by a written in tru~ient duly signed by the parties and delivered to the Landlord and Tenant. This 1 se contains the whole agreement of the parties. IN WITNESS WHEREOF, the parties hereto ha this day of , 2010. / HORACE MANN SUMMER PROGRAM By: By: Ruth Allender, Director Sophie Joly, MANN BASP Board of Directors STATE OF IOWA JOHNSON COUNTY By: executed this lease in duplicate on OF IOWA CITY, LANDLORD, (LORD Matth~w Hayek, Mayor / Attest: Appro~ City A 1T ACKNOWI,EDG] ss: arian K. Karr, City Clerk I hv_ ~ lC / !,~ s Office On this day of 2010, before me, the undersign d, a Notary Public in and for the State of Iowa, pers ally appeared Ruth Allender and S phie Joly, to me personally known and after being duly sworn by me, did say that they ar the Director and Board of Directors Member, respectively, of said corporation executing he within and foregoing 4 5 instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board; and th t he said Director, as such officer, acknowledged the execution of said instrument t be he voluntary act and deed of said corporation, by it and by them voluntarily executed Notary LANDLORD AC STATE OF IOWA ) ss: JOHNSON COUNTY On this day of Public in and for the State of Iowa, personally Karr, to me personally known, and who, being Mayor and City Clerk, respectively, of the Ci the foregoing instrument is the corporate seal was signed and sealed on behalf of the torpor t Matthew Hayek and Marian K. Karr ack o~ their voluntary act and deed and the volunt ry ; it and them voluntarily executed. and for the State of Iowa 20 ,before me, the undersigned, a Notary ap eared Matthew Hayek and Marian K. b me duly sworn, did say that they are the f Iowa City, Iowa; that the seal affixed to of the corporation, and that the instrument io , by authority of its City Council; and that vle ged the execution of the instrument to be pct and deed of said municipal corporation, by Public i~ and for the State of Iowa 5 ~-~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-323 RESOLUTION AUTHORIZING THE CITY MANAGER AND THE MAYOR TO EXECUTE, AND THE CITY CLERK TO ATTEST, ALL DOCUMENTS NECESSARY TO PURCHASE TWO HOMES IN THE PARKVIEW TERRACE SUBDIVISION WITH COMMUNITY DISASTER GRANT FUNDS. WHEREAS, the City Council has a flood mitigation strategy that includes attempting to purchase all residential property in the Parkview Terrace Subdivision; WHEREAS, in 2009 the State of Iowa in House File 64 established a disaster recovery program entitled the "Community Disaster Grants" to provide funds to local governments; WHEREAS, the City applied for and was awarded a Community Disaster Grant and has used the funds for a variety of flood mitigation and recovery purposes; WHEREAS, there is approximately $250,000 remaining in the grant, which must be used by June 30, 2010; WHEREAS, the City finds that said funds should be used to purchase two properties, and if two properties cannot be purchased with the available funds, purchase one property and put the remaining funds toward business assistance and home repair assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the City Manager and Mayor are authorized to execute, and the City Clerk to attest, to all documents necessary to purchase one or two properties in the Parkview Terrace Subdivision. 2. The remaining grant funds, if any, should be used for business assistance, and if funds still remain after assisting businesses, the grant funds should be used for home repair assistance. Passed and approved this 15th day of June 2010. ~~A ~ MAYOR ATTEST: ~• `~~ CI ERK Approved b City Attorney's Office `t !.3 ~.. Resolution No. 10-323 Page 2 It was moved by ~ WriQht and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~.- ~- ~_ x x x X Bailey Champion Dickens Hayek. Mims Wilburn Wright wpdata/glossarylresolution-ic.doc