Loading...
HomeMy WebLinkAbout2010-07-12 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 10 -324 RESOLUTION TO ISSUE DANCING PERMIT 4c 18 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his /her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: The Mill Restaurant -- 120 E. Burlington Street Passed and approved this 12th day of Jul MAYOR Approved by 20 to ATTEST: c r i,�j CI CLERK rCity Attorney's Office ((,o It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion x x Dickens x Hayek -- - Mims x x Wilburn —x— Wright x N.lc� 07-12- 4f(l) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. i o -3 S RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 207 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 19, 2009, and recorded on November 24, 2009, in Book 4531, Page 574 through Page 579 in the Johnson County Recorder's Office covering the following described real estate: Unit 175 -U, Mayfield Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3468, Page 74 and the Declaration of Annexation recorded in Book 4446, Page 304, Records of the Johnson County Recorder, and any amendments thereto. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 12th day of July , 2010 i -• . .( Resolution No. 10 -325 Page No. 2 ATTEST: Nje64;a2 CIT LERK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion Dickens x Hayek x Mims x _ Wilburn x x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $50,070, and was executed by Megan C. Hunger, (herein the Owner), dated November 19, 2009, recorded November 24, 2009, in Book 4531, Page 574 through Page 579, Johnson County Recorder's Office, covering the following described real property: Unit 175 -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 $108,830 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 la day of , 20 /D CITY OF IOWA CITY ELVA Attest: City bierk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By i Amy Henderson' /Vice President On this /a�� day of J , 20 /o , before me, the undersigned, a Notary Public in and for the State of 4bwa, personally appeared Mme. -411 ew-: Aa 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 (Qfd#aac ®) (Resolution) No. /c 3a5 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 1a '"I day of - V I.LL1 2010 and that 1�c� I i e -T �+,s k and Marian K. Karr ackn wledged the execution of the instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,TR���s sONDRAE FORT _ � Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa iow 8 �o i.,S LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 21st day of June , 20 10 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Amy Henderson to me personally known, who being by me duly sworn, did say that he /she is the Vice President of University of IA Comm Cu_, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Amy Henderson 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 th6/Siate of Iowa Conniej-Welk CONNIE J. WELK M Commission expires: is' V / L o i Commission Number 720951 My p My commission Expires M +� 07-12-10 4f(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10-12 6 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3 THISTLE COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on November 20, 2009, and recorded on November 25, 2009, in Book 4532, Page 400 through Page 405 in the Johnson County Recorder's Office covering the following described real estate: Lot 153, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 19 t--h— day of July . 201_ � mil. Resolution No. 10 -326 Page 2 - rove b ATTEST:_ CITY LERK City Attorney's Office It was moved by ('hemp; on and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion Dickens _x _ x_ Hayek X Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $54,000, and was executed by Adam C. Yack, (herein the Owner), dated November 20, 2009, recorded November 25, 2009, in Book 4532, Page 400 through Page 405, Johnson County Recorder's Office, covering the following described real property: Lot 153, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 126,000.00 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 Id 44 day of , 20 1v CITY OF IOWA CITY Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION Donald R Wells /First Vice President On this /a 4' day of "I-i—LI14 . 20 iD , before me, the undersigned, a Notary Public in and for the State of I wa, personally appeared M c,41,e "r—d 14 a and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sag 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 (Gf4irr t3ce) (Resolution) No. i o- 3) G passed (the Resolution adopted) he City Council, under Roll Call No. ----- of the City Council on the /a ' day of ,j L" , 20 /c , and that �1 IS, i �u� and Marian K. Karr ackno ledged the execution of the instrument to be their voluntai act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. sONDRAE FORT ' o 'r commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa IOW 3 a0 /a LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 17th day of June , 20 to , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells , to me personally known, who being by me duly sworn, did say that he /she is the First vice President of university of Ia Comm Cu , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. CONNIE J. WELK o i Commission Number 720951 My Co mission E� ir2es_ ow Notary ublic in and fort a State of Iowa My Commission expires: t-,2-IV -1 2— Mly 4f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -327 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 2440 TOWNCREST 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 July 1, 2009, and recorded on July 2, 2009, in Book 4468, Page 590 through Page 594, in the Johnson County Recorder's Office covering the following described real estate: Auditor's Parcel No. 2009041, a portion of Lot 8, Block 2, Towncrest Addition to Iowa City, Iowa, according to the Plat of Survey recorded in Book 54, Page 91, Plat Records of Johnson County, Iowa. ( "the Property ") 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. Passed and approved this 12th day of TL1 3Z 3 20_10- o. MA- 1 ILYA Resolution No. 10 -327 Page 2 ATTEST: -AL) CITN?` -CLERK Approved by City Attorney's Office It was moved by champiQn and seconded by pirkAns the Resolution be adopted, and upon roll call there were: AYES: x X x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 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 $90,772, and was executed by Iowa City Free Medical Clinic, (herein the Owners), dated July 1, 2009, recorded July 2, 2009, in Book 4468, Page 590 through Page 594, Johnson County Recorder's Office, covering the following described real property: Auditor's Parcel No. 2009041, a portion of Lot 8, Block 2, Towncrest Addition to Iowa City, Iowa, according to the Plat of Survey recorded in Book 54, Page 91, Plat Records of Johnson County, Iowa. ( "the Property ") WHEREAS, the Financial Institution has loaned the sum of $ 0/00)000.W 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: 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 l OL day of V ut , 20 ID CITY OF IOWA CITY By Mayor Attest: AM CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By AA - �ace. IJ • C�, ice r On this is day of J L- , 20 , before me, t^ undersigned, a Notary Public in and for the State of to a, personally appeared Ma44-ew J. 4-1a �-k' _ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say That they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; 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 (Gf itftance) (Resolution) No. i0— 3,97 passed (the Resolution adopted) b the City Council, under Roll Call No. of the City Council on the ��r� day of I- , 20 jC2 , and that Ma-++ ,gvj` �T. a,4 k and Marian K. Karr ackno ledged the execution of the instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. elAt SONDRAE FORT i � Commission Number 159791 Notary Public in and for the State of Iowa My Commis�n �Pires iow LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1 s� day of S,Aly , 2010 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tar-e- 1 J • &.16Ax, , to me personally known, who being by me duly sworn, did say that he /she is the Co�wc cc�o.� 1�;,r•i O ;cur of N,))5 %o -Ao.►o I -m --eL Co • , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said :ace. M • a1 acknowledged the execution of said instrument t voluntary act and deed of said c oration, by it and by hirj /her voluntarily executed. ANGELA D. YODER Commisslon Nu 5,01 My Comm. Exp. Notary dub and for the St Wf Iowa My Commission expires: /2 1 � / 2-- M +) =4ff Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -328 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2035 WESTERN ROAD, IOWA CITY, IOWA. WHEREAS, on September 19, 2002, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the owners have paid off the loan; 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 Mortgage for recordation, whereby the City does release the property located 2035 Western Road, Iowa City, Iowa from a Mortgage, Book 3386, Page 179 through Page 183 of the Johnson County Recorder's Office. Passed and approved this 12th day of July , 20 io ATTEST: CITY €RK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey -_ Champion X Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Vernon Reddout and Edith Reddout Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2035 Western Road, Iowa City, Iowa, and legally described as follows: Lot 17, Block 4, Fair Meadows Addition Third Unit to the City of Iowa City, Johnson County, Iowa from an obligation of the owners, Vernon Reddout and Edith Reddout, to the City of Iowa City represented by a Mortgage, Book 3386, Page 179 through Page 183 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CIT LERK STATE OF IOWA ) SS: JOHNSON COUNTY ) • i- Approved by City Attorney's Office On this fa day of A.D. 20 /0 , before me, the undersigned, a Notary Public in and for said County, in said State, personally Mpeared 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 ofrt e corpor n by authority of its City Council, as contained in Resolution No. ia-:33R, adopted by the City Council on the /3 day �- 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. _ lA( SONDRAE FORT S,-C aj- z° �� Commission Number 159791 Notary Public in and for Johnson County, Iowa My C mmi sio 0 Expires low S May r74f 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 10 -329 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA. WHEREAS, on March 20, 2007, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the owners have paid off the loan; 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 Mortgage for recordation, whereby the City does release the property located 718 Walnut Street, Iowa City, Iowa from a Mortgage, Book 4139, Page 215 through Page 220 of the Johnson County Recorder's Office. Passed and approved this 12th day of July , 20 10 ATTEST: a" CIT LERK Approved by p'n-x� City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Jon P. Thayer and Sharon K. Thayer Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 718 Walnut Street, Iowa City, Iowa, and legally described as follows: Lot Six (6) in Block One (1), on Borland Place, an addition to Iowa City, Iowa, according to the recorded plat thereof. Subject to easements and restrictions of record. from an obligation of the owners, Jon P. Thayer and Sharon K. Thayer, to the City of Iowa City represented by a Mortgage, Book 4139, Page 215 through Page 220 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:�2� CITY CLERK STATE OF IOWA 1 ) SS: JOHNSON COUNTY ) Approved by City Attorney's Office A On this l�_ day of L- , A.D. 20 /D ,before me, the undersigned, a Notary Public in and for said County, in said State, personally ap ared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. %0-34 , adopted by the City Council on the J 9"�k day u Lm 20 / o and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execf said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT c ° Commission Number 159791 = M Commission Expires My p Notary Public in and for Johnson County, Iowa pow M� L 07-12-1 4f 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. o- 3o RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE, A REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 416 DOUGLAS COURT, IOWA CITY, IOWA. WHEREAS, on September 30, 1987, the owner executed a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, on August 2, 1991, the owner executed a Rehabilitation Agreement and a Statement of Life Lien for another loan; and WHEREAS, the home has been sold and the loans paid off; 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 416 Douglas Court from a Promissory Note, dated September 30, 1987 and recorded October 6, 1987 in Book 981, Page 307; a Rehabilitation Agreement, dated August 2, 1991, recorded September 19, 1991 in Book 1280, Page 308 through Page 311 and a Statement of Life Lien recorded in Book 1280, Page 312 of the Johnson County Recorder's Office.. Passed and approved this 12th day of July , 20 jo . ATTEST: CITY ERK Approved by 1 G `d4 1 City Attorney's Office Resolution No. 10 -330 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens x x Mims Wilburn X Wright X Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Marian E. Bragg Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 416 Douglas Court, Iowa City, Iowa, and legally described as follows: Lot Thirty Two (32) Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. Subject however to easements and restrictive covenants of record. from an obligation of the owner, Marian E. Bragg, to the City of Iowa City represented by a Promissory Note, Book 981, Page 307; a Rehabilitation Agreement, Book 1280, Page 308 through Page 311; and a Statement of Life Lien, Book 1280, Page 312 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CIT ERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) APProved � \� City Attorney's Office On this Id day of n Lq, , A.D. 20_Li)_, before me, the undersigned, a Notary Public in and for said County, in said State, personally a0peared 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 . e corporation by authority of its City Council, as contained in Resolution No. /D•- 530, adopted by the City Council on the 0 day Jug 20 10 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executill of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily exf o� SONDRAE FORT z Commission Number 159791 Myy Commission Expires f . iow 3 ' 7 9-013 Se, r�'L, , n4 Notary Public in and for Johnson County, Iowa M Jr� 4f(7 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10 -331 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on July 12, 2006, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $21,750 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the loan was fully paid on June 18, 2010; WHEREAS, the owner also executed a Resale and Occupancy Agreement on July 18, 2006; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2409 Aster Avenue, Iowa City, Iowa from the Second Mortgage recorded on July 20, 2006, at Book 4057, Page 917, at the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation, together with the attached Release of Lien, said recording costs to be paid by the Seller. Passed and approved this 12th day of July '2010. ATTEST: 9 CITY ERK Approved b- City Attorney's Office Resolution No. 10 -331 Page 2 It was moved by champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x _ x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2409 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 2, 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 property owner, Aisha B. Seals, to the City of Iowa City in the principal amount of $21,750 represented by a Second Mortgage recorded on July 20, 2006, at Book 4057, Page 917, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Aisha B. Seals, to the City of Iowa City contained in the Resale and Occupancy Agreement for Property Located at 2409 Aster Avenue. These obligations have 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 documents. CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, N ayor By: &4�- Man K. Karr, City Clerk Approved by City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY) On this 9 Irb day of �u t- , 2010, before me, the undersigned, a Notary Public in and for said County and State, personall appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. sidAt s SONDRAE FORT ? Commission Number 159791 Im My Commission Expires Notary Public in and for the State of Iowa ia�a 3 , 0l M19 4f 8 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 1 n -,iig RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 18, 2010, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $27,500 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the home; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached Resale and Occupancy Agreement. Passed and approved this 12 1 day of n�� 12010. MAYOR ATTEST: CI ERK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA This Agreement is made between Blanca M. Zambrano Ruiz, a married individual (hereinafter 'Buyer "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City "). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein she offered to purchase from Amber L. Port the following- described real property located in Johnson County, Iowa: Lot 2, Whispering Meadows Subdivision Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa, with a street address of 2409 Aster Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on July 8, 2005, the City sold the property to Amber L. Port through the Affordable Dream Home Ownership Program; and WHEREAS, as a condition of said sale, Amber Port and the City entered into a Resale and Occupancy Agreement whereby Amber Port agreed that the property would be sold to an income - eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, on July 12, 2006, Amber Port sold the property to Aisha B. Seals, and the City entered into a Resale and Occupancy Agreement with Aisha B. Seals whereby she agreed that the property would be sold to an income - eligible household if it was sold within the same 15 year period under the agreement with Amber Port which expires July 8, 2020; and WHREAS, Aisha B. Seals is now selling the property to Buyer; and WHEREAS, the City will provide Buyer with a $27,500.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as an income - eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low- income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyer hereby agrees and covenants that the property shall be owner occupied by Buyer until at least July 8, 2020, (15 years from the date of the first sale) or until such time as 2 the property is resold. If the property is resold, Buyer hereby agrees and covenants that she shall comply with the remaining provisions of this agreement. 2. If Buyer pays off the second mortgage to the City in full prior to July 8, 2020, the property shall remain owner occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 3. Prior to July 8, 2020, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $27,500.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to July 8, 2020, the property must be sold to an income - eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income - eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to July 8, 2020, Buyer must immediately notify the City of her intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to July 8, 2020, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years Buyer occupied the property prior to resale according to the schedule attached hereto as "Exhibit A ". 9. If resale of the property occurs prior to July 8, 2020, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 3 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. 11. If resale of the property occurs prior to July 8, 2020, Buyer acknowledges that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until July 8, 2020. 12. This Agreement shall be an "obligation" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. �k �' Signed this Q day of J uL 2010. BUYER By6Blan C .,e.a VCGu ambrano Ruiz CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor Attest: MarianK. Karr, City Clerk 0 EXHIBIT A PERCENTAGE OF APPRECIATED YEARSOLD VALUE EARNED BY BUYER 1 5 2 10 3 10 4 10 5 10 6 50 7 50 g 70 9 70 10 100 r M4i Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. t n - ,3-u RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Demolitons, as included in a contract between the City of Iowa City and D.W. Zinser Company of Walford, Iowa, dated September 4, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $120,646.93. 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 12th day of July , 20 10 MAYOR Approved by ATTEST: CITY'CtERK City Attorney's Office 7 �io It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pweng /res /404hazmitdemo- acptwork.doc 7/10 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 6, 2010 City Clerk City of Iowa City, Iowa Re: 404 Hazard Mitigation Property Acquisition Demolitions Project Dear City Clerk: I hereby certify that the 404 Hazard Mitigation Property Acquisition Demolitions Project has been completed by D.W. Zinser Company of Walford, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $120,646.93 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer CITY OF IOWA CITY MEMORANDUM Date: July 7, 2010 To: Dale Helling From: Kim SandbergN\ --, Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the July 12th Council meeting: 1) 404 Hazard Mitigation Property Acquisition Demolitions Project Contractor.- D. W. Zinser Company ❖ Project Estimated Cost: $ 270,000.00 ❖ Project Bid Received: $ 83,521.00 ❖ Project Actual Cost: $ 120,646.96* * The demolition of 3 additional homes were added to the contract by change order 2) Salt Storage Facility Oakland Cemetery Project (Competitive Quotation) Contractor.- Apex Construction Company ❖ Project Estimated Cost: $ 66,800.00 ❖ Project Bid Received: $ 79,953.00 ❖ Project Actual Cost: $ 79,953.00 4 0 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 10 -334 RESOLUTION ACCEPTING THE WORK FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Salt Storage Facility Oakland Cemetery, as included in a contract between the City of Iowa City and Apex Construction Company of Iowa City, Iowa, dated November 2, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the Engineering Division office; and WHEREAS, the final contract price is $79,953.00. 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 12th day of Jul 2010 C14 MAYOR Approved by ATTEST: d 201J IJA rZ CITY °tERK City Attorney's Office (LO f l u It was moved by Champion and seconded by adopted, and upon roll call there were: Dickens the Resolution be AYES: NAYS: ABSENT: X_ Bailey X_ Champion X Dickens Hayek Mims X Wilburn —X- Wright Pweng /res /A C PT W R K- saltsto rag eoa kla nd. doc + r 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org June 28, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Salt Storage Facility Oakland Cemetery Project - Dear Honorable Mayor and Councilpersons: I hereby certify that Apex Construction, Inc., of Iowa City, Iowa has completed the construction of the Salt Storage Facility Oakland Cemetery Project in substantial accordance with the plans and specifications prepared by Henneman Engineering, Inc., of Iowa City, Iowa. The required performance and payment bond is on file in the Engineering Division. The final contract price is $79,953.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer S. \ENG\ARCHITECTURE FILE\Projects \Oakland Cemetary Salt Storage Facility \Engineer's Report_Oakland Cemetery Salt Storage Facility Projectdoc Mfil� Prepared by: Rick Fosse, Public Works Director, 410 E. Washington Street, Iowa City, IA 52240; (319) 356 -5141 RESOLUTION NO. cam- RESOLUTION AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNITED WAY OF JOHNSON COUNTY. WHEREAS, the City desires the services of the United Way of Johnson County to operate an Emergency Volunteer Center during or immediately following a major emergency or disaster; and WHEREAS, the City of Iowa City has negotiated a Memorandum of Understanding for said volunteer coordination services with the United Way of Johnson County; and WHEREAS, it is in the public interest to enter into said Memorandum of Understanding with the United Way of Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Memorandum of Understanding attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Memorandum of Understanding. Passed and approved this 12thday of July , 2010. ATTEST: G2 . i a� CI LERK /^ llx MAYOR Approved b td - Io City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright United Way of Johnson County 11505 th Street Suite 290 Coralville, IA 52241 (319) 337 -8657 Memorandum of Understanding City of Iowa City & the United Way of Johnson County United Way of Johnson County This Memorandum of Understanding is entered into by and between the City of Iowa City and the United Way of Johnson County. Purpose The purpose of the Memorandum of Understanding is to define a cooperative working relationship between the City of Iowa City and the United Way of Johnson County for the purpose of the Emergency Volunteer Center (EVC). This Memorandum will outline how The United Way of Johnson County's Emergency Volunteer Center will render assistance registering and referring convergent or spontaneous, unaffiliated volunteers in preparation for, during or immediately following a major emergency or disaster. (Unaffiliated volunteers are those not previously trained by and affiliated with voluntary organizations active in disaster, such as the American Red Cross, Salvation Army or others.) The Role of the Emergency Volunteer Center When activated, the EVC has one distinct role in disaster response in Johnson County, as outlined in the Johnson County Multi- Hazard Disaster Plan. Through the disaster response plan, the EVC will manage a coordinated system for deploying volunteers to government and nonprofit organizations working closely with the municipal jurisdictions and the county through Johnson County Emergency Management. The EVC will consider any governmental request to activate in the preparation, response and recovery periods of a major disaster. The Mayor and /or City Manager may request the EVC to activate. The EVC executive staff will determine activation capabilities based on assessment of available staff and resources. The EVC will activate within 24 hours from the time of request. The EVC will act as a referral agent only and will not be responsible for extensive screening of volunteers and will not assume liability for volunteers placed for disaster response. Methods of Cooperation If the Emergency Volunteer Center is activated, a walk -in Emergency Volunteer Center and /or a Call Center system will be implemented to meet these needs throughout Johnson County. The EVC Call Center will be located in the United Way office at 1150 5th Street Suite 290, Coralville. Based on the scope and location of the disaster, the EVC may set up mobilized locations to meet the needs of different regions in the county. The EVC will work with the City of Iowa City to determine appropriate locations for the mobilization of volunteers. This coordination between the City of Iowa City and the EVC does not impose any administrative authority by government or its emergency organizations over the Emergency Volunteer Center, its policies, volunteers or employees; nor does it empower the Emergency Volunteer Center to encroach upon, invade, or substitute for United Way of Johnson County local government statutory obligations to plan, prepare for and respond to, disaster situations within its jurisdictions. Term of Memorandum This Memorandum of Understanding will be in effect as of the date below and shall remain in effect for one (1) year or thirty (30) days after written notification from either party that they desire to terminate the MOU. Amendments to the terms and conditions of this MOU shall be effective only upon mutual agreement in writing by the parties hereto. Insurance Each party shall maintain its own insurance coverage, through commercial insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this MOU. Notices All notices required to be given pursuant to this MOU shall be in writing and shall be delivered in person, delivered by electronic facsimile, or deposited in the United States mail, addressed to the parties as set forth below: Matthew J. Hayek Mayor City of Iowa City 410 E Washington Street Iowa City, Iowa, 52240 Tel 319 - 356 -5000 Fax 319 - 356 -5007 Christine Scheetz President & CEO United Way of Johnson County 11505 th Street Suite 290 Coralville, IA 52241 Tel 319 - 337 -8657 Fax 319 - 339 -7337 United Way of Johnson County Entered into agreement by: City of Iowa City Matthew J. Hayek Mayor City of Iowa City Marian K. Karr City Clerk Date United Way of Johnson County Volunteer Center of Johnson County- Emergency Volunteer Center Christine- SCliee�z L—,11 President & CE1jO United Way of Johnson County Date App. City Atte M� 07 -12 -10 4f(13) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. n_-j3g RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City desires to place a fiber optic conduit along Iowa Avenue; and WHEREAS, a portion of the conduit will be located across Cedar Rapids and Iowa City Railway Company property; and WHEREAS, the City of Iowa City has negotiated a license agreement with the Cedar Rapids and Iowa City Railway Company for the installation and maintenance of the fiber optic conduit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The License Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached License Agreement. Passed and approved this 12th day of July , 2010. MAYOR ATTEST: �S CIT LERK prove by: AA ity Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright LICENSE AGREEMENT FOR OCCUPATION OF RAILWAY CORRIDOR THIS LICENSE AGREEMENT, made this day of 2010 (hereinafter called "License "), between CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "CRANDIC "), an Iowa corporation, and THE CITY OF IOWA CITY (hereinafter called "Licensee "), having a principal place of business in Iowa City, Iowa, WITNESSETH: In consideration of the following rights and obligations and the sum of one dollar and other valuable consideration, receipt herein acknowledged, CRANDIC hereby grants Licensee the right to specific and limited use of certain premises (hereinafter referred to as "Premises "), situated in the County of Johnson, State of Iowa, more specifically described as follows: From existing electrical hand hold located approximately 32' East of the centerline the CRANDIC Iowa Avenue overpass track and approximately .8' north of the existing sidewalk along Iowa Avenue; thence south, underneath said sidewalk, to a point approximately 1.0' south of the existing sidewalk; thence westerly to the western boundary of the CRANDIC Iowa Avenue overpass right-of- way in accordance with the attached plat, marked Exhibit A, hereby incorporated by this reference. 1. PURPOSE: Licensee's use of the Premises shall be for the sole purpose of the following activities: Constructing, inspecting, repairing, maintaining, replacing and removing a fiber optic line in a 2" conduit (hereinafter referred to as "Facility "), in accordance with the License to Construct Questionnaire, Exhibit B, hereby incorporated by this reference. CRANDIC reserves the right to use, occupy and enjoy its tracks, Premises and right -of -way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed. If any such use shall necessitate any change in the location or burial of said Facility, or any part thereof, such changes as may be reasonable, may be made by CRANDIC or at its direction, at the expense of Licensee, upon demand of CRANDIC, and said CRANDIC shall not be liable to said Licensee on account thereof, or on account of any damage growing out of any use which CRANDIC may make of its tracks, Premises and right -of -way. CRANDIC shall have the right at any time by giving ninety (90) days notice in writing to Licensee to require Licensee at its expense, to relocate or modify the Facility so as to conform to reasonable changes CRANDIC may desire to make in its track grade, track location or any other uses CRANDIC may desire to make of its Premises. 2. TERM: Except as provided to the contrary herein, Licensee shall be permitted to use the Premises in accordance with the terms of this License, for the sole purpose of constructing, inspecting, repairing, maintaining, replacing and removing Licensee's facilities located thereon, or the removal thereof, at the will of Licensee. CRANDIC hereby permits the uses herein specified without divesting CRANDIC of the rights to use and enjoy said Premises, subject only to the right of Licensee to use the same for the purposes herein expressed. Should Licensee or its representatives violate any of the terms or conditions hereof, or use or attempt to use said Premises for any other or different purpose than that above specified, then CRANDIC may, at its option, immediately revoke this License. CRANDIC may terminate this License at any time and without cause by providing Licensee with 90 (ninety) days written notice. Upon any termination of this License, Licensee shall promptly remove the Facility in a manner satisfactory to said CRANDIC, and leave said Premises in the same condition in which they were before the installation of the same as nearly as may be practicable. Upon default of Licensee so to do, CRANDIC may perform the work and restore the Premises and Licensee shall promptly pay to CRANDIC the cost of so doing. 3. INSTALLATION: A. Installation and maintenance of the Facility shall be in compliance with all applicable American Railway Engineering and Maintenance of Way Association (AREMA) requirements. Licensee shall submit detailed drawings and other documentation prior to entry on the Premises showing compliance with same. B. Licensee shall bear the cost of all reasonable protection which CRANDIC may require for its tracks or Premises during installation and maintenance hereby authorized and of all reasonable repairs, changes, additions or betterments to said CRANDIC's tracks or Premises made necessary on account of same. If in the reasonable judgment of CRANDIC it shall be necessary to provide support for its tracks during the work of construction or maintenance CRANDIC will provide such support, and the entire cost of said protection, support, etc., will be paid by Licensee promptly upon receipt of a bill therefor. Installation and maintenance protection and support shall include, but not be limited to, Licensee's obligation to bear cost and responsibility for flagging which the CRANDIC may, but is not obligated to require for protection of its tracks or Premises during installation and maintenance hereby authorized. C. Unless agreed to the contrary, Licensee shall provide CRANDIC at least 48 hours written notice in advance of entering upon CRANDIC's Premises for the purposes set out herein. D. Clearance: Licensee agrees not to construct or permit to exist any obstruction over any railway track or tracks on said Premises, less than twenty -five (25) feet above top of rail, or alongside of track or tracks less than twenty -five (25) feet from center of track, with the necessary additional clearance on curves. Reduced clearances from those herein specified may be allowed if approved in writing by CRANDIC prior to installation. 4. NOTICE: Any written notice given by CRANDIC to Licensee shall be deemed to be properly served if the same be delivered to Licensee or if mailed, postpaid, addressed to Licensee at the address listed below. Any written notice given by Licensee to CRANDIC shall be deemed properly served if the same be delivered to CRANDIC, or if mailed, postpaid, addressed to CRANDIC at the address listed below. CRANDIC Attention: Land Management 2330 12" St SW Cedar Rapids, Iowa 52404 City of Iowa City Public Works Director 410 East Washington St Iowa City, IA 52240 5. ASSIGNMENT: This License shall not be assigned or in any manner transferred by Licensee, nor shall said Premises be used or occupied by Licensee for any purpose other than that specified herein, without the written consent of CRANDIC. 6. ABANDONMENT: The failure of Licensee to occupy or use said Facility for the purpose herein mentioned for sixty (60) days at any one time shall be deemed an abandonment thereof. An abandonment of said Premises by Licensee shall, at the option of CRANDIC, operate as an absolute and immediate termination of this License without notice. Should any discontinuance or cessation of use of said Facility be due to any damages by fire, lightning, flood or earthquake, or by the abandonment of work by employees of Licensee during a general strike, or by Licensee's inability after due diligence to obtain necessary materials for repairs or rebuilding, then the said time of sixty (60) days shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. 7. LAWS AND REGULATIONS: Licensee on behalf of itself, its employees, agents, contractors or subcontractors performing activities on the Premise shall, without cost to CRANDIC, comply with all applicable laws, rules, regulations and ordinances of competent authorities affecting said Premises. The parties agree that this License shall be governed by the laws of the State of Iowa. 8. LIABILITY: Licensee, on behalf of itself, its employees, and any contractors or subcontractors accessing or performing activities on the Premises, agrees to indemnify CRANDIC and save it harmless from any and all claims and expenses, including reasonable attorneys' fees, that may arise or may be made for death or injury to employees of CRANDIC, or loss or damage to the Premises, or to third parties or their property, by reason or in consequence of Licensee's occupancy or use of said Premises pursuant to this Agreement. 9. SAFETY: Licensee shall comply with all hazard communication requirements of the Occupational Safety and Health Administration (OSHA), as codified at 29 C.F.R. 1910.1200. Licensee shall provide Materials Safety Data Sheets for any hazardous chemicals brought onto the Premises by Licensee, its employees, agents, contractors or subcontractors. In addition, Licensee shall provide the necessary information in training to its employees, agents, contractors and subcontractors on each hazardous chemical to which they may be exposed. Suggestions for appropriate protective measures in handling those hazardous chemicals shall also be exchanged between CRANDIC and Licensee, at Licensee's request. Licensee shall ensure that its employees, agents, contractors and subcontractors use protective equipment such as hard hats, safety glasses, at all times while on the Premises. 10. RESTRICTIONS ON LICENSEE: HAZARDOUS SUBSTANCES Licensee shall not cause or permit any Hazardous Substance other than fluids located inside of vehicles required for vehicle operation (i.e., gasoline, diesel fuel, oil, anti - freeze) to be used, stored, generated, or disposed of on or in the Premises by Licensee, Licensee's employees, agents, contractors or subcontractors, without first obtaining CRANDIC's written consent, which may be withheld at the CRANDIC's sole and absolute discretion. If Hazardous Substances are used, stored, generated, or disposed of on or in the Premises by Licensee, its agents or assigns, or if the Premises become contaminated in any manner due to the actions or omissions of Licensee, its employees, agents, contractors or subcontractors, Licensee shall indemnify, defend, and hold harmless CRANDIC from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses (including, without limitation, a decrease in value of the Premises or any improvements thereon, damages because of adverse impact on marketing of the Premises, and any and all sums paid for settlement of claims, attorneys', consultants', and experts' fees) arising during or after the License term and arising as a result of such contamination. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the Premises or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision, specifically including costs incurred pursuant to the Comprehensive Environmental Response, Compensation, & Liability Act ( "CERCLA" or "Superfund ") 42 U.S.C. § 9601 et seq. where the Licensee is liable for such contamination. In the event that the Licensee or any of its employees, agents, contractors or subcontractors causes any spills or releases of any Hazardous Substances into the environment which require reporting and remediation under local, state and /or federal law, the Licensee shall be responsible for ensuring timely and adequate compliance with reporting and remediation requirements, and will immediately provide CRANDIC with the details, status, and compliance efforts associated with the spill or release and will coordinate all compliance activities with CRANDIC's Safety Specialist. In addition, if Licensee, its employees, agents, contractors or subcontractors causes or permits the presence of any Hazardous Substance on the Premises and this results in contamination, Licensee shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing before the presence of any such Hazardous Substance on the Premises, provided, however, that Licensee shall first obtain CRANDIC's approval for any such remedial action. Notwithstanding the foregoing, in the event that during its activities Licensee or any of its employees, agents, contractors or subcontractors discovers any existing contamination, all work shall stop upon the Premises and CRANDIC's Safety Specialist shall be contacted for instructions on how to proceed. In no event is the Licensee, its employees, agents, contractors or subcontractors authorized to share any information or results associated with its activities with third parties absent express written permission of CRANDIC or unless required to do so by federal, state, or local law. As used herein, "Hazardous Substance" means and includes asbestos or any substance containing asbestos, polychlorinated biphenyl's, any explosives, radioactive materials, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum- derived waste or product or related materials and any items defined as hazardous, special or toxic materials, substances, or waste under any Hazardous Substance Laws. "Hazardous Substance" also includes any and all material or substances which are defined as "hazardous waste," "hazardous material," "hazardous substance," or an "extremely hazardous substance" pursuant to state, federal, or local governmental law. "Hazardous Substance Laws" collectively means and includes any present local, state or federal law relating to public health, safety or the environment including without limitation, the Resource Conservation and Recovery Act, as amended ( "RCRA "), 42 U.S.C. §6901 et se q., the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA "), 42 U.S.C. §9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ( "SARA "), the Clean Air Act, as amended, 42 U.S.C. §7401 et sec.., the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq., the Clean Water Act, 33 U.S.C. §1251 et seg., the Toxic Substances Control Act, 15 U.S.C. §2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §300f et sec.., the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136 et sec.., the Emergency Planning and Community Right -to -Know Act, 42 U.S.C. §11001 et seq., and the amendments, regulations, orders, decrees, permits, licenses or deed restrictions now or hereafter promulgated thereunder. 11. INSURANCE: Licensee as well as any agents, contractors or subcontractors performing activities on the Premises shall also maintain commercial general liability insurance coverage throughout the term of this License and any extensions thereof. In addition, such insurance shall contain limits not less than $2,000,000 per occurrence for bodily injury and property damage. Prior to accessing the Premises, Licensee shall notify CRANDIC'S contact person or designee in Article 4 of the names and contacts of any agents, contractors or subcontractors who will be performing activities on the Premises and shall provide, or arrange to be provided, certificates of insurance for the required coverage for itself and each such agent, contractor and subcontractor. Licensee's failure to meet this insurance requirement shall not relieve said party of its responsibilities under this License. 12. INSOLVENCY OR BANKRUPTCY: If Licensee at any time during the continuance of this License should become insolvent or bankrupt, or if Licensee's affairs should be placed in the hands of a Receiver, then this License, at the option of CRANDIC, shall terminate and CRANDIC shall have the right to resume and retake possession of said Premises without any accountability whatsoever to Licensee or to Licensee's estate. 13. PASSAGEWAY AND ASSUMPTION OF RISK: In the event it is necessary for Licensee, its agents, contractors or subcontractors to pass over other lands and railway tracks of CRANDIC to gain access to and /or from said Premises, all such persons shall make use only of the way indicated by CRANDIC for that purpose. CRANDIC hereby agrees to indicate a passageway that is free of defect and safe for passage. Licensee hereby expressly assumes all the risk of accident, injury or loss to such persons and their property having access to said Premises in connection with Licensee's business, except to the extent caused solely by the negligence of CRANDIC, its agents or assigns. Licensee does hereby indemnify CRANDIC and shall defend it against all claims, suits, costs and charges made by or resulting from Licensee's agents or assigns, by reason or in consequence of any other accident, injury or loss arising from the passage over other lands and railway tracks of CRANDICas provided above. 14. CONTRACTING AND SUBCONTRACTING: During the performance of any activity pursuant to this License, Licensee shall be at all times solely responsible for itself, as well as its employees, agents, contractors and subcontractors as to workmanship, accidents, injuries, wages, supervision and control. Licensee shall employ only competent workers and supervisors. Prior to utilizing an agent, contractor, or subcontractor to perform activities on the Premises related to this License, Licensee shall obtain CRANDIC's written permission, such permission not to be unreasonably withheld. If permission is given to use an agent, contractor or subcontractor, Licensee shall remain solely responsible for all activities performed, and shall incorporate the terms and conditions of this License into its agreement with any agent, contractor, or subcontractor. Notwithstanding the foregoing, CRANDIC may, at its option, require Licensee to remove any of its employees, agents, contractors or subcontractors, from the Premises, or prevent access thereto, by advising Licensee orally or in writing. CRANDIC is not required to state a reason for requesting such removal. 15. PERMITS AND APPROVALS: Licensee agrees to procure all permits, licenses and other approvals necessary or required by any statute, ordinance, rule or regulation for carrying out any activity provided for in this License. 16. PRIOR AGREEMENTS The parties hereto, by the execution of this License, hereby terminate any prior licenses between the instant parties on the Premises. 17. SEVERABILITY: Any provision of this License which conflicts with any law, rule, regulation or ordinance of competent authorities affecting said Premises, shall be suspended and shall be inoperative so long as such law or ordinance remains in effect. In the event there is no prohibition against any provision of this License, any such provisions shall remain in full force and effect during the term of this License. Invalidity of any partial or whole provision or section shall not invalidate the remaining provisions or sections. This License shall not be recorded. IN WITNESS WHEREOF, the parties hereto have executed in duplicate this License on the day and year first above written. CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (CRANDIC) By: 'it11•KJ �_. 6 Title: i'�S t CITY OF IOWA CITY (Licensee) By: /vital Title: Mayor ))1211117'd � City clerk Exhibit A DESCRIPTION OF PREMISES Drawings, images or other documents necessary to adequately describe the Premises are attached hereto. O C3 179 tzd 20 ry-I C� CR Back Wall PCC Pa proposed cond rit ndhold Y TYPI 9-■ SCALE: 1 Proposed Conduit Locations DRAWN: JEH FILE #: 10 WA CITY Crandic Railroad Bridge DATE: April 2010 ENGINEERING DIVISION Over Iowa Avenue DRAWING: SHEET: 1 From existing electrical hand hold located approximately 32't, East of centerline of Railway Company's track and approximately 0.8' ±, north of the existing sidewalk along Iowa Avenue; thence south, underneath said sidewalk, to a point approximately 1.0'± south of the existing sidewalk; thence westerly back under Iowa Avenue overpass beyond Railway Company's right -of -way line, per the attached plat and made part of this agreement. Exhibit B LICENSE TO CONSTRUCT QUESTIONNAIRE (See Attached) OCEDAR RAPIDS AND IOWA CITY RAILWAY CO: An All iant Energy Ira nsportat!on Company LICENSE TO CONSTRUCT QUESTIONNAIRE EXHIBIT B Questionnaire to be used in making application for license to construct and maintain water lines, sewer lines, or other facilities that will cross under, over, or parallel tracks of the Cedar Rapids and Iowa City Railway. Name of Applicant (Wpartnership, name ail partners) City of Iowa City Address of Applicant 410 E. Washington Street, Iowa City, Iowa 52240 Check one ❑ Individual ❑ Corporation ® Municipality Location of Facility: Mile Post 24 plus 8 feet (If parallel) to Mile Post plus feet Near (Name of City, Town, Village) City of Iowa City Will facility be in right -of -way of dedicated street or highway? ® Yes ❑ No There must be a definite grade or grade- separation crossing of tracks, and the actually right -of -way of street or highway must be shown on location sketch. Commodity to be transmitted in facility: Fiber Optic Options: steam, air, water, gasoline or other petroleum product, chemical (specify natural orartificia /gas), sewer (identifyas to force orgravity tine), sanitary storm, or chemical waste (specify chemical waste) Maximum operating pressure in facility: n/a (psi bygauge) Hydrostatic pressure carrying pipe will be tested before using: n/a psi Pipe Information Carrying Pipe Casing Pipe Inside diameter (nominal): 211 None Wall thickness: Material: PVC Conduit ASTM Spec. (include grade or class): Minimum yield point of material: Type of joint: Depth of top of casing pipe below base of rail: 24" below top of Iowa Avenue curb line feet Length of casing pipe: n/a feet Will casing pipe be vented? ❑ Yes ❑ No Size: n/a Will casing pipe be cathodically protected? ❑ Yes ❑ No Will casing pipe have a protective coating? ❑ Yes ❑ No Method of installing casing pipe: ® Simultaneous Dry Bore and Jack ❑ Tunnel Open cut with permission only. Wet boring will not be permitted. Attach print of sketch that indicates the following: 1. Plan and profile of crossing 2. North point of compass 3. Proposed location of applicant's facilities, giving distances to nearest rail 4. Location of existing facilities on transportation company right -of -way 5. Clearance over or under the rails 6. Angle of crossing with main track, if not at right angle 7. Show proposed facility to actual profile of ground and tracks 8. Provide proper legal description of proposed facilities FM -0784 ECRM242594 09108 ma y 74i137 Prepared by: Marcia Bollinger, Associate Planner, 410 E. Washington St., Iowa City, IA 52240, 356 -55237 RESOLUTION NO. 10 -337 RESOLUTION ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ANTON CHEKHOV AND ANNA AKMATOVA AS A GIFT FROM HOWARD HORAN AND STEPHEN DEWEY TO THE CITY OF IOWA CITY, IOWA. WHEREAS, Mary Elizabeth Godfrey -Dewey and Lee G Dewey commissioned Valery Kovalev to create two wood - carved sculptures of Anton Chekhov and Anna Akmatova in 1996; and WHEREAS, the sculptures are currently located in the family home at 123 Ferson Ave; and WHEREAS, Howard Horan and Stephen Dewey, sons of the Deweys, wish to donate the art work to the City of Iowa City; and WHEREAS, the Public Art Advisory Committee recommended at their July 1, 2010 meeting that the City accept the gift of the two sculptures and relocate the works to the Black Springs Circle Park for public display. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City hereby accepts the donation of the Kovalev sculptures from Howard Horan and Stephen Dewey subject to the terms of the attached agreement, which is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement. Passed and approved this 12th day of Jules , 2010. 111 in-to] Approved by: ATTEST: Z ' � � � �� City rk City Attorney's Office -I / -7 / C) N eig h bor/res/hora n-d eweyscul p. res Resolution No. 10 -337 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x X- wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR THE CITY'S ACCEPTANCE OF TWO CARVED WOODEN SCULPTURES OF ANTON CHEKHOV AND ANNA AKHMATOVA SCULPTED BY VALERY KOVALEV THIS AGREEMENT is made on this �C� "day of LA ) V , 2010, by and among the City of Iowa City (hereinafter "Owner"), and Howard Horan and Stephen bewey (hereinafter "Contributors "). WHEREAS, on the recommendation of the Iowa City Public Art Advisory Committee, Owner desires to accept as a gift the sculptures of Anton Chekhov and Anna Akhmatova sculpted by Valery Kovalev (hereinafter "Artist"), presently installed in the back yard of 123 Ferson Avenue, Iowa City, Iowa, hereinafter referred to as Art Work. A photograph of said sculptures is attached hereto as Exhibit «A',. WHEREAS, Owner intends to install said Art Work for public display at the Black Springs Circle Park upon execution of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and undertakings cgntained herein, the parties agree as follows: 1. Contributors hereby convey all of their rights, title and interest in the Art Work to Owner as a donation. Contributors acknowledge that they will not be compensated by Owner for such donation. 2. Within 30 days of execution of this Agreement, Contributors shall furnish the Director of the Department of Planning and Community Development or his/her designee (hereinafter "Owner's Representative ") the following: a. Digital photographs documenting the process and development of the Art Work from beginning fabrication through completion, if Contributors are in possession of any such photographs; b. Written instructions, if any, for appropriate maintenance and preservation of the Art Work; c. Written records of any and all maintenance and preservation actions performed by Contributors, their designee or agent for the care and preservation of the Art Work for the period Contributors owned the Art Work. 3. Owner hereby agrees to remove the Art Work from its present location at 123 Ferson Avenue, Iowa City, Iowa, within 30 days of execution of this Agreement and to install it at Black Springs Circle Park. 4. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributors until Owner removes Art Work from 123 Ferson Avenue and the Owner shall take such measures as are necessary to protect the Art Work from loss or damage said removal. 5. Warranties of Title: Contributors represent and warrant that, to the best of their knowledge: (a) the Art Work is unique and original and does not infringe upon any copyright; (b) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (c) the Art Work is free and clear of any liens from any source whatever. 2 6. Warranties of Quality and Condition: Owner takes the Art Work as is and Contributors warrant that they know of no inherent defects in the Art Work and have not committed any act that would materially affect the quality, durability or longevity of the Art Work. 7. Copyright Disclosure: Contributors affirmatively state that they are not aware of whether the Art Work has been registered on the Register of Copyrights or otherwise copyrighted. 8. Contributors' Recognition. Upon installation at Black Springs Circle Park, or any future relocation of the Art Work, the Owner shall, at its expense, prepare and install at the site a plaque identifying the Artist, Contributors, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 9. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the Contributors. Owner shall take reasonable steps to assure that the Art Work is properly maintained and protected. Owner reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art Work from public display. 11. Permanent Record. Owner's Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work.. 12. Entire g er ement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Con Owner r ward Horan Matthew I Hayek, Mayor Attest:�� Dewey Marian K. Karr , City Clerk Approved by: a'eoD�S'� City Attorney's Office Exhibit A f. Anna 17 ro, N. VIIL ,1, f (1 3 ) CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR THE CITY'S ACCEPTANCE OF TWO CARVED WOODEN SCULPTURES OF ANTON CHEKHOV AND ANNA AKHMATOVA SCULPTED BY VALERY KOVALEV THIS AGREEMENT is made o is day of 2010, by and among the City of Iowa City (hereinafter " wner "), and Howard Horan and Step en Dewey (hereinafter "Contributors "). WHEREAS, on the recom ndation of the Iowa City Public Art Advisory Committee, Owner desires to accept as a gift a sculptures of Anton Che ov and Anna Akhmatova sculpted by Valery Kovalev (hereinaft "Artist "), presently inst ed in the back yard of 123 Ferson Avenue, Iowa City, Iowa, herein fter referred to as Work. A photograph of said sculptures is attached hereto as Exhibit "K\,� WHEREAS, Owner intends to inst I said Art rk for public display at the Black Springs Circle Park upon execution of this Ag ement. NOW, THEREFORE, in consideratio of a mutual promises and undertakings contained herein, the parties agree as follows: 1. Contributors hereby convey all of their rights, t' a and interest in the Art Work to Owner as a donation. Contributors acknowledge that they wi I not be compensated by Owner for such donation. 2. Within 30 days of execution of this Agre ment, C ntributors shall furnish the Director of the Department of Planning and Commu ity Develop ent or his /her designee (hereinafter "Owner's Representative ") the following - a. Digital photographs docume0f g the process an development of the Art Work from beginning fabrication through Completion, if Contribu rs are in possession of any such photographs; b. Written instructions, if any, for appropriate maintenance nd preservation of the Art Work; c. Written records of any and all maintenance and pre rvation actions performed by Contributors, their designee or agent for the care and prese ation of the Art Work for the period Contributors owned the Art Work. 3. Owner hereby agrees to remove the Art Work from its present cation at 123 Ferson Avenue, Iowa City, Iowa, within 30 days of execution of this Agreement and to install it at Black Springs Circle Park. 4. Risk of Loss. The fisk of loss or damage to the Art Work shall be borne by the Contributors 2 until Owner removes Art Work from 123 Ferson Avenue and the Owner shall take such measures as are necessary to protect the Art Work from loss or damage said removal. 5. Warranties of Title: Contributors represent and warrant that, to the best of their knowledge: (a) the Art Work is unique and original and does n ringe up any copyright; (b) that the Art Work, or a duplicate thereof, has not been cepted for sale else here; and (c) the Art Work is free and clear of any liens from any sour whatever. 6. Warranties of Quality and Conditio Owner takes the Art ork as is and Contributors warrant that they know of no inherent d fects in the Art Work a d have not committed any act that would materially affect the quality, d rability or longevity of e Art Work. 7. Copyright Disclosure: Contributors affi matively state that t ey are not aware of whether the Art Work has been registered on the Regi ter of Copyrights otherwise copyrighted. 8. Contributors' Recognition. Upon insta ation at Black prings Circle Park, or any future relocation of the Art Work, the Owner sh I, at its expe se, prepare and install at the site a plaque identifying the Artist, Contributors, th title of th Art Work, and the year of completion; and shall reasonably maintain such notice to t e exte as may be practicable. 9. Maintenance. Except as provided for herein th Owner agrees that it will not intentionally damage, alter, modify or change the Art Wo without the prior written approval of the 1 Contributors. Owner shall take reasonable step to assure that the Art Work is properly maintained and protected. Owner reserves/( he ri ht to alter the location of the Art Work, relocate the Art Work and remove the Art Work from ublic display. 11. Permanent Record. Owner's Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the A Work. 12. Entire Agreement. This writing ephbodies the entire a reement and understanding between the parties hereto, and there are no other agreements an understandings, oral or written, with reference to the subject matter hereof that are not merged h rein and superseded hereby. Contributors Owner Howard Horan Stephen Dewey Matthew J. Hay,ek, Mayor Attest: Marian K.-Karr, I Approved by: City Attorney's Office 1 /7 %� i`fCI3� 4f 14 Prepared by: Marcia Bollinger, Associate Planner, 410 E. Washington St., Iowa City, IA 52240, 356 -55237 RESOLUTION NO. 10 338 RESOLUTION ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ARTHUR AND MARY JO SMALL AND FAMILY AS A GIFT FROM ARTHUR SMALL TO THE CITY OF IOWA CITY, IOWA. WHEREAS, Arthur and Mary Jo Small commissioned Valery Kovalev to create two wood - carved sculptures of themselves and their children in 1996; and WHEREAS, the sculptures are currently located at 20 Rocky Short Drive Ave; and WHEREAS, Arthur Small wishes to donate the art work to the City of Iowa City; and WHEREAS, the Public Art Advisory Committee recommended at their July 1, 2010 meeting that the City accept the gift of the two sculptures and relocate the works to the Black Springs Circle Park for public display. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the City. accept the donation of the Kovalev sculptures from Arthur Small subject to the terms of the attached agreement, which is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement. Passed and approved this 12th day of July 2010. /Voq,4 "'y MAYOR Approved by: ATTEST: 7 •ti City tterk City Attorney's Office , h /� L) Neighbor /res /horan- deweysculp.res CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR THE CITY'S ACCEPTANCE OF TWO CARVED WOODEN SCULPTURES OF ARTHUR AND MARY JO SMALL AND CHILDREN SCULPTED BY VALERY KOVALEV THIS AGREEMENT is made on this _,� day of ' 3 1- , 2010, by and among the City of Iowa City (hereinafter "Owner'), and Arthur A. Small 4einafter "Contributor "). WHEREAS, on the recommendation of the Iowa City Public Art Advisory Committee, Owner desires to accept as a gift the two sculptures featuring Arthur and Mary Jo Small and children sculpted by Valery Kovalev (hereinafter "Artist "), presently installed in the yard at 20 Rocky Shore Drive, Iowa City, Iowa, hereinafter referred to as Art Work. A photograph of said sculptures is attached hereto as Exhibit "A "; WHEREAS, Owner intends to install said Art Work for public display at Black Springs Circle Park upon execution of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: 1. Contributor hereby conveys all of his rights, title and interest in the Art Work to Owner as a donation. Contributor acknowledges that he will not be compensated by Owner for such donation. 2. Within 30 days of execution of this Agreement, Contributor shall furnish the Director of the Department of Planning and Community Development or his /her designee (hereinafter "Owner's Representative ") the following: a. Digital photographs documenting the process and development of the Art Work from beginning fabrication through completion, if Contributors are in possession of any such photographs; b. Written instructions, if any, for appropriate maintenance and preservation of the Art Work; c. Written records of any and all maintenance and preservation actions performed by Contributor, his designee or agent for the care and preservation of the Art Work for the period Contributor owned the Art Work. 3. Owner hereby agrees to remove the Art Work from its present location at 20 Rocky Shore Drive, Iowa City, Iowa, within 30 days after execution of the Agreement and to install it at Black Springs Circle, Iowa City after completion of refurbishment of the Art Work. 4. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributor until Owner removes Art Work from 20 Rocky Shore Drive and the Owner shall take such 2 measures as are necessary to protect the Art Work from loss or damage said removal. The Contributor shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once the Owner removes the Art Work from 20 Rocky Shore Drive. 5. Warranties of Title: Contributor represents and warrants that, to the best of his knowledge: (a) the Art Work is unique and original and does not infringe upon any copyright; (b) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (c) the Art Work is free and clear of any liens from any source whatever. 6. Warranties of Quality and Condition: Owner takes the Art Work as is and Contributor warrants that he knows of no inherent defects in the Art Work and has not committed any act that would materially affect the quality, durability or longevity of the Art Work. 7. Copyright Disclosure: Contributor affirmatively state that he is not aware of whether the Art Work has been registered on the Register of Copyrights or otherwise copyrighted. 8. Contributors' Recognition. Upon installation at Black Springs Circle Park, or any future relocation of the Art Work, the Owner shall, at its expense, prepare and install at the site a plaque identifying the Artist, Contributor, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 9. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the Contributor. Owner shall take reasonable steps to assure that the Art Work is properly maintained and protected. Owner reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art Work from public display. 10. Permanent Record. Owner's Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. 11. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Contributor Owner q, '� 'A- rthur A. Small Matthew J. Hayek, or Attest:����% Pit 9. -mot% Marian K. Ka City Clerk Approved by: _0,( c�i. •C /d u- 7��tll y City Attorney's Office CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR THE CITY'S ACCEPTANCE OF TWO CARVED WOODEN SCULPTURES OF ARTHUR AND MARY JO SMALL AND CHILDREN SCULPTED BY VALERY KOVALEV THIS AGREEMENT is made on this day of I , 2010, by and among the City of Iowa City (hereinaft "Owner "), and Arthur A. Small (herein ter "Contributor "). WHEREAS, on th recommendation of the Iowa City Publi Art Advisory Committee, Owner desires to accept a gift the two sculptures featuring A ur and Mary Jo Small and children sculpted by Valery Kovalev (hereinafter "Artist "), pres ntly installed in the yard at 20 Rocky Shore Drive, Iowa Cit Iowa, hereinafter referred to Art Work. A photograph of said sculptures is attached hereto a Exhibit "A "; WHEREAS, Owner inte ds to install said Art ork for public display at Black Springs Circle Park upon execution of this Agreement. NOW, THEREFORE, in onsideration f the mutual promises and undertakings contained herein, the parties agree s follows: 1. Contributor hereby conveys all of is rig s, title and interest in the Art Work to Owner as a donation. Contributor acknowledges In he will not be compensated by Owner for such donation. 2. Within 30 days of execution of thi A eement, Contributor shall furnish the Director of the Department of Planning and C muni Development or his /her designee (hereinafter "Owner's Representative ") the fol wing: a. Digital photographs doc enting the rocess and development of the Art Work from beginning fabrication thro gh completion, Contributors are in possession of any such photographs; b. Written instructions, ' any, for appropriate m intenance and preservation of the Art Work; c. Written records any and all maintenan and preservation actions performed by Contributor, his de $ gnee or agent for the care nd preservation of the Art Work for the period Contributor,bwned the Art Work. 3. Owner hereby agrees to remove the Art Work from s present location at 20 Rocky Shore Drive, Iowa City, Iowa, within 30 days after execution of th Agreement and to install it at Black Springs Circle, Iowa City after completion of refurbishment o e Art Work. 4. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributor until Owner removes Art Work from 20 Rocky Shore Drive and the Owner shall take such 2 measures as are necessary to protect the Art Work from loss or damage said removal. The Contributor shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once the Owner removes the Art Work from 20 ocky Shore Drive. 5. Warranties of Title: tributor represents and warrants th t, to the best of his knowledge: (a) the Art Work is unique nd original and does not infringe up n any copyright; (b) that the Art Work, or a duplicate thereof, as not been accepted for sale el ewhere; and (c) the Art Work is free and clear of any liens from y source whatever. 6. Warranties of Qualit and C dition: Owner takes th Art Work as is and Contributor warrants that he knows of no inher nt defects in the Art ork and has not committed any act that would materially affect the qualit durability or longe ty of the Art Work. 7. Copyright Disclosure: Contributor a firmatively state hat he is not aware of whether the Art Work has been registered on the Regis r of Copyrig s or otherwise copyrighted. 8. Contributors' Recognition. Upon ins Ilation at lack Springs Circle Park, or any future relocation of the Art Work, the Owner s all, at i expense, prepare and install at the site a plaque identifying the Artist, Contributor, t e titl of the Art Work, and the year of completion; and shall reasonably maintain such notice to t extent as may be practicable. 9. Maintenance. Except as provided for her in, the Owner agrees that it will not intentionally damage, alter, modify or change the A ork without the prior written approval of the Contributor. Owner shall take reasons a st s to assure that the Art Work is properly maintained and protected. Owner res rves the right to alter the location of the Art Work, relocate the Art Work and remove the rt Work fro public display. 10. Permanent Record. Owner's R presentative s all maintain on permanent file a record of this Agreement and the location a disposition of th Art Work. 11. Entire Agreement. This writi embodies the entir agreement and understanding between the parties hereto, and there ar no other agreements d understandings, oral or written, with reference to the subject matt hereof that are not merge herein and superseded hereby. Contributor % Owner Arthur A. Small Matthew J. FNyek, Mayor Attest: \ Marian K. Karr, City Clerk Approved by....16Z City Attorney's Office Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10 -339 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT WITH THE IOWA DEPARTMENT OF HUMAN SERVICES FOR A SUMMER SUBSIDIZED EMPLOYMENT PROGRAM AT THE ANIMAL CONTROL AND ADOPTION CENTER. WHEREAS, the Iowa Department of Human Services (DHS) operates a summer subsidized employment program for eligible youth; WHEREAS, DHS and Division of Animal Services staff would like to have two or three youths participate in the program; WHEREAS, DHS pays the wages and all related expenses; and WHEREAS, the City Council finds that the City should participate in said program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign a Memorandum of Agreement with the Iowa Department of Human Services for the Division of Animal Services to participate in "Summer Jobs Program TANF 2010." Passed and approved this 12th day of July, 2010. = -1 MA RM ton' ATTEST: c2� CITY -ERK City Attorney's Office P^ -( k Resolution No. 10 -3*39 Page 2 It was moved by ' rhamni nn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x X x___— wpdata/glossary /resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pf" V4. ti Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319- 356 -5251 (SUB10- 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. ATTEST: CITY CLERK ►l KNOW It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: Ap ved by ro City Attorney's Office 3- /a aho ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be July 12 22010 The Finance Director of the City of Iowa City, State of Iowa, met at City Hall, 410 E. Washington, Iowa City, Iowa, at 10:30 o'clock A M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7: 00 o'clock P M. on the above date. The following persons were present: Kevin O'Malley, Marian Karr, Tionna Pooler, Cyndi Ambrose -I - This being the time and place for the opening of bids for the sale of $7,420,000 General Obligation Bonds, Series 2010B, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Morgan Keegan & Co, Inc. Memphis, TN Stifel Nicolaus & Com, Inc. Denver, CO Robert W. Baird & Co, Inc. Milwaukee, WI BMO Capital Markets Chicago, IL UMB Bank, N.A. Kansas City, MO Piper Jaffray Minneapolis, MN Wells Fargo Bank, National Assoc. Charlotte, NC Hutchinson, Shockey, Erley & Co. Chicago, IL M &I Bank Milwaukee, WI UBS Financial Services Inc. New York, NY 4. The best bid was determined to be as follows: Name & Address of Bidder: Morgan Keegan & Co. Inc. of Memphis, TN True Interest Rate: 2.180299 1 % Net Interest Cost: $ 882,699.45 All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- July 12 12010 The City Council of the City of Iowa City, State of Iowa, met in regi,l ar session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7-00 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, Absent: -3- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $5.405,000 General Obligation Bonds, Series 2010, 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, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of the bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of the bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) ME The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2010, in order to provide funds to pay costs of the construction, reconstruction and improvement of Fire Station 44; a general corporate purpose; and that notice of the proposal to issue the bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. closed. Whereupon, the Mayor declared the hearing on the issuance of the bonds to be - 5 - The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2010, in order to provide funds to pay costs of the construction of a new public works fuel facility; a general corporate purpose; and that notice of the proposal to issue the bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. closed. Whereupon, the Mayor declared the hearing on the issuance of the bonds to be The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $665,000 of General Obligation Bonds, Series 2010, in order 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; a general corporate purpose; and that notice of the proposal to issue the bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. closed. Whereupon, the Mayor declared the hearing on the issuance of the bonds to be -7- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Wilburn introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010 ", and moved: ® that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M., on the day of , 2010, at this place. Council Member Wright seconded the motion. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 10 -340 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010, for the essential corporate purpose of paying 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, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $5,405,000 General Obligation Bonds, Series 2010, for the foregoing essential corporate purpose. PASSED AND APPROVED this 12th day of July , 2010. ATTEST: City erk /%I1 Mayor 8 Whereupon, Council Member Bailey introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010 ", and moved: ❑ that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 2010, at this place. Council Member Wilburn seconded the motion. The roll was called and the vote was, AYES: Champion, Dickens, Hayek, Mims, Wilburn Wright, Baile NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No. 10 -341 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010 WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010, for a general corporate purpose, in order to provide funds to pay costs of the construction, reconstruction and improvement of Fire Station #4, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: N[IN Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, Series 2010, for the foregoing general corporate purpose. PASSED AND APPROVED this 12th day of July 12010. ATTEST: City erk Mayor - 11 - C 9 Whereupon, Council Member Wright introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010 ", and moved: © that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 2010, at this place. Council Member Mims seconded the motion. The roll was called and the vote was, AYES: Dickens, Hayek, Mims, Wilburn, Wright, NAYS: Whereupon, the Mayor declared the measure duly adopted. Resolution No. 10 -342 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010 WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010, for a general corporate purpose, in order to provide funds to pay costs of the construction of a new public works fuel facility, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: arm Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, Series 2010, for the foregoing general corporate purpose. PASSED AND APPROVED this 12th day of July , 2010. ATTEST: City erk Mayor - 13 - N1 �J 07-12-10 10 Whereupon, Council Member Bailey introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010 ", and moved: ® that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 2010, at this place. Council Member called and the vote was, Wilburn seconded the motion. The roll was AYES: Hayek, Mims, Wilburn, Wright, Bailey, NAYS Champion, Dickens None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 10 -343 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010 WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $665,000 General Obligation Bonds, Series 2010, for a general corporate purpose, in order 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 no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: -14- Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $665,000 General Obligation Bonds, Series 2010, for the foregoing general corporate purpose. PASSED AND APPROVED this 12th day of July , 2010. ATTEST: Z f . ys�2.4A2 City Jerk 444A . `�► Mayor - 15 - Mjq iii Council Member Bailey introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B," and moved its adoption. Council Member Wright seconded the motion to adopt. The roll was called and the vote was, AYES: Mims, Wilburn, Wright, Bailey, hamnion Dickens, Hayek. NAYS: No Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 10 -344 RESOLUTION DIRECTING SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B: Bidder: Morgan Keegan & Co, Inc. of Mpmphis, TN the terms of said bid being: Purchase Price: $ 7,452,200.9 True Interest Rate: 2.180299 % Net Interest Cost: $ 882,699.45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. -16- Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 12th day of July , 2010. ATTEST: City C erk 444.E "kl Mayor -17- sea.- CITY OF IOWA CITY ,, � M �..-� A N D u M EMOR DATE: July 12, 2010 TO: City Council FROM: Kevin O'Malley, Finance Directo RE: 2010 General Obligation Bond Issue Ten bids were received this morning in connection with the sale of $7,420,000 in General Obligation Bonds. The following is a list of the bidders and interest rates they offered: Entity Morgan Keegan & Co, Inc. Stifel Nicolaus & Co, Inc. Robert W. Baird & Co, Inc. BMO Markets UMB Bank N.A. Piper Jaffray Wells Fargo Bank, National Association Hutchinson, Shockey, Erley & Co. M &I Bank UBS Financial Services Inc. Interest Rate 2.180299 2.215479 2.221767 2.222060 2.242947 2.243915 2.251339 2.269575 2.277889 2.363416 As you can see, we had a large number of very competitive bids. I am recommending that we accept the bid from Morgan Keegan & Co. out of Memphis, Tennessee. Please contact me with any questions regarding the sale. TABULATION OF BIDS City of Iowa City, Iowa $7,420,000 General Obligation Bonds, Series 2010B Award: MORGAN KEEGAN & CO., INC. RATING: Moody's Investors Service: `Aaa' SALE DATE: July 12, 2010 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE MORGAN KEEGAN & CO., INC. Memphis, Tennessee STIFEL NICOLAUS & COMPANY, INC Denver, Colorado FIRST SOUTHWEST Dallas, Texas SUNTRUST CAPITAL MARKETS Atlanta, Georgia KEY BANC CAPITAL MARKETS Chicago, Illinois OPPENHEIMER &CO., INC. New York, New York M ,' The PFM Group Public Financml Management, Inc. PFM Asset Management LLC PFM Advisors 2.00% 2.25% 2.50% 2.75% 2.00% 2.25% 2.50% 2.70% 3.00% 2011 -2017 2018 2019 2020 2011 -2015 2016 2017 2018 2019 -2020 $882,699.45 2.1802% $906,289.49 2.2154% $7,452,200.90 $7,546,489.70 2600 Grand Avenue, Suite 214 Des Moines, Iowa 50312 (515) 243 -2600 $7,420,000 General Obligation Bonds, Series 2010B City of Iowa City, Iowa Monday, July 12, 2010 Page 2 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE ROBERT W. BAIRD & CO., INC. Milwaukee, Wisconsin C.L. KING & ASSOCIATES New York, New York COASTAL SECURITIES, INC. Houston, Texas DAVENPORT & CO., LLC Richmond, Virginia KILDARE CAPITAL Philadelphia, Pennsylvania LOOP CAPITAL MARKETS, LLC New York, New York FTN FINANCIAL CAPITAL MARKETS Memphis, Tennessee RBC CAPITAL MARKETS Minneapolis, Minnesota COUNTRY CLUB BANK Prairie Village, Kansas SAMCO CAPITAL MARKETS, INC. Houston, Texas WEDBUSH MORGAN SECURITIES Phoenix, Arizona CREWS & ASSOCIATES Little Rock, Arkansas JACKSON FINANCIAL ADVISORS Scottsdale, Arizona CRONIN & CO., INC. Minneapolis, Minnesota BMO CAPITAL MARKETS Chicago, Illinois UMB BANK, N.A. Kansas City, Missouri Hills Bank and Trust 2.00% 2.50% 3.00% 2.00% 2.50% 2.75% 3.00% 1.05% 1.35% 1.65% 1.90% 2.20% 2.40% 2.60% 2.75% 2011 -2014 2015 2016 -2020 2011 -2014 2015 2016 -2018 2019 -2020 2011 -2013 2014 2015 2016 2017 2018 2019 2020 $915,262.75 2.2217% $912,391.52 2.2220% $905,480.71 2.2429% $7,629,783.50 $7,594,389.00 $7,385,396.85 $7,420,000 General Obligation Bonds, Series 2010B City of Iowa City, Iowa Monday, July 12, 2010 Page 3 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE_] PIPER JAFFRAY Minneapolis, Minnesota WELLS FARGO BANK, NATIONAL ASSOCIATION Charlotte, North Carolina 2.00% 2011 3.00% 2012 -2019 3.25% 2020 2.00% 2011 2.50% 2012 3.00% 2013 -2020 HUTCHINSON, SHOCKEY, ERLEY & CO. 2.00% 2011 -2014 Chicago, Illinois 2.50% 2015 3.00% 2016 -2020 M &I BANK Milwaukee, Wisconsin 2.00% 2011 -2013 2.50% 2014 3.00% 2015 -2016 3.50% 2017 3.75% 2018 4.00% 2019 -2020 $929,055.20 2.2439% $929,581.28 2.2513% $933,391.30 2.2695% $959,736.92 2.2778% UBS FINANCIAL SERVICES INC. 2.00% 2011 -2015 $961,444.92 New York, New York 2.50% 2016 -2018 J.P. MORGAN SECURITIES 3.00% 2019 -2020 2.3634% New York, New York $7,711,637.20 $7,684,949.00 $7,611,654.95 $7,836,116.80 $7,489,921.40 M©ODY'S INVESTORS SERVICE New Issue: MOODY'S ASSIGNS Aaa RATING TO IOWA CITY (IA) $7.42 MILLION GO BONDS, SERIES 2010B Global Credit Research - 02 Jul 2010 Aaa RATING APPLIES TO $82.5 MILLION IN POST -SALE GOULT DEBT Municipality IA Moodys Rating ISSUE RATING General Obligation Bonds, Series 2010B Aaa Sale Amount $7,420,000 Expected Sale Date 07/12/10 Rating Description General Obligation, Unlimited Tax Opinion NEW YORK, Jul 2, 2010 -- Moody's Investors Service has assigned a Aaa rating to the City of Iowa City's (IA) $7.42 million General Obligation Bonds, Series 2010B. In conjunction with the rating assignment, Moodys has affirmed the Aaa rating on the city s outstanding general obligation debt affecting $82.5 million post -sale. Proceeds from the sale of bonds will finance street, parks and public safety and various other capital improvement projects. Debt service payments are secured by the city's general obligation unlimited tax pledge. Assignment and affirmation of Moody's highest rating is based on the city s large and stable economy anchored by the state's flagship higher education institution; long history of favorable financial operations supported by healthy reserve levels and revenue raising flexibility; and manageable, albeit somewhat elevated for the Aaa- rating category, debt profile with annual borrowing planned for the medium term. LARGE ECONOMYANCHORED BY FLAGSHIP UNIVERSITY We expect the city's economy to remain stable and continue a relatively robust pace of growth due to planned commercial development underway and the substantial presence of the University of Iowa (revenue bonds rated Aa1) and the University of Iowa Hospitals and Clinics (revenue bonds rated Aa2 /stable outlook). Located in eastern Iowa approximately 45 minutes south of Cedar Rapids (Aaa), Iowa City is home to the state's flagship public institution and associated hospital and clinics. Together the institutions employ over 28,000 people (41 % of the city s estimated population of 67,831) and enrollment at the University has reached a new record with 27,500 FTEs (fall 2009). In addition to private development underway, the University is in the process of building and/or renovating facilities that sustained $750 million in damage as a result of the June 2008 floods in central Iowa. A recently complete $70 million recreation center will open soon for students, which is located downtown, creating demand for retail service establishments. Other projects underway at the University include relocation and reconstruction of the Hancher Auditorium and ongoing facility improvements to support student enrollment growth. The sizable institutional presence as well as a stable and diverse mix of governmental, healthcare and manufacturing employers, the city's unemployment of 3.9 % in March 2010 remains low and far below the state (7.4 %) and national (10.2 %) levels during the same time period. The employment and economic stability afforded the city bolsters tax base expansion with the 2009 full value estimated at $4.45 billion, which has grown a healthy 7.2% on average annually between 2004 and 2009. Going forward, officials expect the tax base will expand as several projects underway come to fruition. Hieronymus Square, a $40 million mixed -use development project, was previously on hold as the national economy waned and credit became difficult for developers to obtain. However, the Universitys College of Music is pursuing occupation of a portion of the site, complementing a planned, 12 -story structure for commercial and residential use. In addition, Aviation Commerce Park North, which encompasses 37 acres for industrial development has six of the 14 sites sold. Other development includes ongoing single - family residential construction and streetscape improvements throughout the downtown area. Favorably, despite the significant student population, resident income statistics are on par with national averages with per capita and median family income at 94% and 115 %, respectively. LONG TREND OF FAVORABLE FINANCIAL OPERATIONS; REVENUE RAISING FLEXIBILrrYACREDff POSITIVE We expect the city's financial position will remain stable due to the presence of sound reserves supported by favorable management practices and revenue raising flexibility. Between fiscal years 2003 and 2007, the city annually posted healthy General Fund surpluses totaling $9.2 million over the five -year period. As a result, fiscal 2007 ended with a solid $19.1 million in the General Fund reserve (39% of General Fund revenues). However, in fiscal 2008, based on the philosophy of the Council in place at that time that believed it prudent to reduce the financial cushion, the city drew down its General Fund by approximately $4.2 million to address one -time capital expenditures. Therefore, at fiscal year -end 2008 the reserve remained healthy but declined to $15 million or 33.3% of General Fund revenues. In fiscal 2009, due to one -time capital expenditures related to the June 2008 floods and lower interest income revenue, officials originally projected a subsequent draw on the General Fund liquidity of $3 million. However, due to delayed funding for flood related projects, a positive variance resulted and audited results show a nearly $1.0 million surplus, restoring the reserve to nearly $16.0 million or 32.4% of revenues. Due to capital expenditures related to the new fire station construction, the fiscal 2010 General Fund operating results are expected to show a $565,000 deficit while the fiscal 2011 budget is essentially balanced. Favorably the city enjoys several mechanisms for revenue raising flexibility including access to the $0.27 Emergency Fund levy in fiscal 2011. In fiscal 2010 the city levied nearly the entire Emergency Fund levy amount and has used this tool sporadically on a historical basis. In addition, the state legislature revised state law in 2009 to allow cities to levy up to a 5% franchise fee on utility providers. In fiscal 2011 the city will implement a 1% franchise fee on gas and electric providers estimated to generate $1.1 million in new revenue annually. This amount is slated to finance increased public safety positions for the police department and to offset staffing costs for the new fire station. Finally, voters passed the 1 % local option sales tax levy on May 5, 2009, which is expected to generate $9 million annually. Officials have earmarked the revenue to pay for flood related capital projects including elevation of Dubuque Road and relocation of the North Wastewater Treatment Plant. MANAGEABLE DEBT POSITION WITH ANNUAL BORROWING PLANNED OVER THE MEDIUM TERM Inclusive of the current offering the city s direct and overall debt ratios trend slightly higher than its peers in the Aaa -rating category where median debt ratios reflect 0.7% and 1.9 %, respectively. Iowa City's debt ratios are slightly more leveraged at 1.9% direct and 2.6% overall. Going forward, officials anticipate annual general obligation borrowing of between $9 million and $10 million annually over the next three years to finance infrastructure and street improvements. Other projects possibly include a new parking structure that would be financed with net revenues of the parking enterprise fund and flood related projects financed with revenues from the local option sales tax levy. Despite the city's borrowing plans, with aggressive principal repayment at 96% in ten years and projected tax base growth, we expect the debt position to remain affordable. All of the city s debt is in fixed rate and the city does not have any exposure to derivative or swap agreements. KEY STATISTICS 2009 population (estimate): 67,831 ( +9.0% since 2000 Census) 2009 full valuation: $4.45 billion 2009 full value per capita (estimate): $65,602 1999 Median family income as % of US: 115% 1999 Per capita income as % of US: 94% Iowa City unemployment (March 2010): 3.9% (7.4% IA; 10.2% US) Overall debt burden: 2.6% (1.9% direct) Principal amortization (10 years): 96% Fiscal 2009 General Fund balance: $15.9 million (32.4% of General Fund revenues) Post -sale general obligation debt outstanding: $82.5 million PRINCIPAL METHODOLOGYAND LAST RATING ACTION The principal methodology used in assigning the rating was Moody's "General Obligation Bonds Issued by U.S. Local Governments," published in October 2009, and available on www.moodys.com in the Rating Methodologies sub - directory under the Research & Ratings tab. Other methodologies and factors that may have been considered in the process of rating this issuer can also be found in the Rating Methodologies sub - directory on Moody's website. The last rating action with respect to the City of Iowa City, Iowa GOULT rating was on April 28, 2009, when a rating of Aaa was assigned to the city's General Obligation Capital Loan Notes, Series 2009C, General Obligation Capital Loan Notes, Taxable Series 2009D, and General Obligation Refunding Capital Loan Notes, Series 2009E. The ratings were subsequently recalibrated to Aaa on April 23, 2010. Analysts Nora W ittstruck Analyst Public Finance Group Moody's Investors Service Emily Robare Backup Analyst Public Finance Group Moody's Investors Service Contacts Journalists: (212) 553 -0376 Research Clients: (212) 553 -1653 MOODY'S INVESTORS SERVICE © Copyright 2010, Moody's Investors Service, Inc. and /or its licensors including Moody's Assurance Company, Inc. (together, " MDODY'S "). All rights reserved. CREDIT RATINGS ARE MOODY'S INVESTORS SERVICE, INC.'S ( "MIS ") CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT -LIKE SECURITIES. MIS DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL, FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT. CREDIT RATINGS DO NOT ADDRESS ANY OTHER RISK, INCLUDING BUT NOT LIMITED TO: LIQUIDITY RISK, MARKET VALUE RISK, OR PRICE VOLATILITY. CREDIT RATINGS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. CREDIT RATINGS DO NOT CONSTITUTE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS ARE NOT RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. CREDIT RATINGS DO NOT COMMENT ON THE SUITABILITY OF AN INVESTMENT FORANY PARTICULAR INVESTOR. MIS ISSUES ITS CREDIT RATINGS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE. ALL INFORfvIA ION CONTAINED HEREIN IS PROTECTED BY IAA, INCLUDING BUT NOT LIMITED TO. COPYRIGHT LAW, AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED. DISSEMINATED, REDISTRIBUTED OR RESOLD. OR STORED FOR St IBSEO UENT USE FOR ANY SUCH PURPOSE IN'VVHOLF_ OR IN PART. IN ANY FORM OR I\AANNER OR BYANY MEANS aAJHATSOEVER, BY ANY PERSON WITFIOIJC P00ODY'S PRIOR WRITTEN CONSENT All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, all information contained herein is provided "AS IS" without warranty of any kind. Under no circumstances shall MOODY'S have any liability to any person or entity for ('a) any loss or damage in whole or in part caused by, resulting from, or relating to. any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers. employees or agents in connection with the procurement, collection, compilation. analysis, interpretation. communication. publication or delivery of any such information, or (b) any direct. indirect, special, consequential. compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the posslb�lity of such damages, resulting from the use of or inability to use, any such information. The ratings. financial reporting analysis. projections, and other observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities Each user of the information contained herein must make its owrn study and evaluation of each security it may consider purchasing, holding or selling. NO WARRANTY EXPRESS OR IMPLIED. AS TO THE ACCURACY. TIMELINESS, COMPLETENESS. MERCHANTABILITY OR FITNESS FOR ANY PARTICULAP, PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORW- ION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR NIIANNER WHATSOEVER. MIS, a wholly - owners credit rating agency subsidiary of MOODY S Corporation ( "MCO "), hereby discloses that most is$uers of debt securities (including corporate and municipal bonds, debentures, notes and conimercial paper) and preferred stock rated by MIS have. f)rior to assignment of any rating, agreed to pay to MIS for appraisal and rating services rendered by it fees ranging from $1.500 to approximately $2,500,000 MCO and MIS also maintain policies and proc.edure.s to addrF ss tire independence of MIS'-, ratings and rating processes. Information regarding certain affiliations that may exist hetween directors of P'ICO and rated entities, and between entities who hold ratings from MIS an(] have also publicly reported loth(,- SEC; an ownership interest in PAC'O of snore than is posted annually,at www.moody5.com undo, the heading Shareholder Relations - Corporate Governance Director and Shareholder Affiliation Policv" Any publication into Australia of this Docurnenl is by Pi00DY'S affiliate MOODY'S Investors Service Pty Limited ABN 61 003 399 657. which holds Australian Financial Services License no. 336969. This document is intended to be provided only to wholesale clients (within the meaning of section 761G of the Corporations Act 2001). By continuing to access this Document from within AUstralla, you represent to I\ADODY'S and its affiliates that you are, or are accessing the DOGUnlent as a representative of, a wholesale client and that neither you nor the entity you represent will directly or indirectly disseminate this Document or its contents to retail clients (within the meaning of section 7616 of the Corporations Act 2001). r77477 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, YES: NAYS: Whereupon, the MaNr declared the following Resyfution duly adopted: RESOLUTION qIRECTING SALE OF 7,420,000 GENERAL OBLAjjATION BONDS, ERIES 2010B WHEREAS, pursuant to no 'cc as requi d by law, bids have been received at public sale for the bonds described a follow and the best bid received is determined to be the following: $7,420,000 GENE7%0f GATION BONDS, SERIES 2010B: Bidder: the terms of said bid being: Purchase Price: $ True Interest Ra Net Interest C st: $ NOW, TH REFORE, BE IT RESOLVED BY 1 CITY OF IOW CITY, STATE OF IOWA: Section 1. That the bid for the bonds as above set the best and most favorable bid received and, said bonds said bid. -16- CITY COUNCIL OF TI IF' is hereby determined to be Oereby awarded based on r 12 Council Member champion moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Bailey seconded the motion. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek,Mims, NAYS Wilburn, Wright None Council Member Wright moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Dickens seconded the motion. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, NAYS: Wilburn, Wright None Council Member Mims introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B, AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Champion seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 10 -345 -18- RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer 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, and it is deemed necessary and advisable that General Obligation Bonds to the amount of $5,405,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $5,405,000 said Bonds, and the Council is therefore now authorized to proceed with the issuance of $5,355,000 Bonds; and WHEREAS, the City is in need of funds to pay costs of the construction, reconstruction and improvement of Fire Station #4, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of $700,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of $700,000 Bonds thereof, and -19- WHEREAS, the City is in need of funds to pay costs of the construction of a new public works fuel facility, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of $700,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of $700,000 Bonds thereof; and WHEREAS, the City 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, and it is deemed necessary and advisable that General Obligation Bonds to the amount of $665,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of $665,000 Bonds thereof, and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $7,420,000 Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: SME NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof ♦ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ♦ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ♦ "Bonds" shall mean $7,420,000 General Obligation Bonds, Series 2010B, authorized to be issued by this Resolution. ♦ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ♦ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ♦ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ♦ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. ♦ "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. ♦ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ♦ "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties -21- prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ♦ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ♦ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ♦ "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ♦ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. ♦ "Resolution" shall mean this resolution authorizing the Bonds. ♦ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ♦ "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Lem and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: -22- AMOUNT* FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $948,200* 2010/2011 $814,075 2011/2012 $815,675 2012/2013 $816,975 2013/2014 $812,975 2014/2015 $813,775 2015/2016 $819,275 2016/2017 $824,375 2017/2018 $832,163 2018/2019 $837,413 2019/2020 *A levy for fiscal year 2010/2011 has been included in the budget previously certified.and will be used, together with available city funds, to pay the principal and interest of the Bonds coming due in 2010/2011. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2009 will be collected during the fiscal year commencing July 1, 20 10) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2,of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2010 NO. 1" (the "Bond -23- Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $7,420,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 201013", be dated August 2, 2010, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2010, and semiannually thereafter on the lst day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. -24- The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1 st $815,000 2.00% 2011 $670,000 2.00% 2012 $685,000 2.00% 2013 $700,000 2.00% 2014 $710,000 2.00% 2015 $725,000 2.00% 2016 $745,000 2.00% 2017 $765,000 2.25% 2018 $790,000 2.50% 2019 $815,000 2.75% 2020 (b) Redemption. Bonds maturing after June 1, 2018, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal -25- amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi- annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) -26- provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery. Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the -27- Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. -28- (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -29- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6) (�) (1) (6) (g) (2) (3) 1 (4) (5) (9) (9a) (10) (Continued on the back of this Bond) (11)(12)(13) 1 1 (14) FIGURE 1 (Front) -30- (15) (10) (16) (Continued) FIGURE 2 (Back) -31- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= "STATE OF IOWA" Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer "), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2010, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the City Code of Iowa, for the purpose of paying 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 -32- "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "SERIES 201013" "CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: August 2, 2010 Item 5, figure 1= CUSIP No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer "), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2010, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the City Code of Iowa, for the purpose of paying 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 -32- 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, the construction, reconstruction and repair of receiving vaults, mausoleums and other cemetery facilities; the construction, reconstruction and improvement of Fire Station #4; the construction of a new public works fuel facility and 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, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ( "DTC "), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2018, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. -33- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 3 84.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax - exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of the City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure I = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar 0 Authorized Signature Item 13, figure I = Registrar and Transfer Agent: City Controller Paying Agent: City Controller -34- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF IOWA CITY, STATE OF IOWA By: (facsimile signature) Mayor ATTEST: By: (facsimile signature) City Clerk Item 16, figure 1 = (Assignment Block) (Information Required for Registration) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) -35- IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) _ Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the naives of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the -36- Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel -37- (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Qualified Tax - Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax - Exempt Obligations pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax - exempt obligations and represents that the reasonably anticipated amount of tax - exempt governmental obligations which will be issued during the current calendar year will not exceed Thirty (30) Million Dollars. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 1 7th day of July , 2010. ATTEST: City Jerk Mayor -38- 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 complete copy of the action taken by the Council with respect to the hatter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (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 19th day of July , 2010. City k, City of Iowa City, State of Iowa (SEAL) 658584.1 /MSWord10714.101 *A levy for fiscal y ar 2010/2011 as been included in the budget previously certified a d will be sed together with available city funds to pay the princi al and i terest of the Bonds coming due in 2010/2011. i` (NOTE: For example the levy be%made and certified against the taxable valuations of January 1, 2009 *11 e collected during the fiscal year commencing July 1, 2010) (b) Resolution to File With County Auditor. A certified copy of this Resolution should be file ft1th the \ba uditor of Johnson County, State of Iowa, and said Auditor is by ins and for each of the years as provided, to levy and as s the tax thorized in Section 2 of this Resolution, in like ma r as other evied and assessed, and such taxes so levied in and fo r eao of the yeard be collected in like manner as other taxes of the City are d llected, and cted be used for the purpose of paying principal and / nterest on saisued in anticipation of said tax, and for no other purpos whatsoever. (c) Ad tional City Funds Available. incipa' and interest coming due at any time whe ff "the proceeds of said tax on han hall be insufficient to pay the same shall be p bmptly paid when due from Curren funds of the City available for that purpose a d reimbursement shall be made from ch special fund in the amounts thus 4dvanced. Section 3. rNERAL d Fund. Said tax shall be collected each yet the same time and in the same manner nd in addition to, all other taxes in and for th City, and when collected they sh e converted into a special fund within the Debt Service Fund to be known as the "G OBLIGATION BOND FUND 2010 NO. 1" (the "Bond -23- FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT* YEAR OF COL ECTION $ * 10/2011 $ 011/2012 $ 2012/2013 $ 2013/2014 $ 2014/2015 $ 2015/2016 $ 2016/2017 $ 2017/2018 $ 2018/2019 $ 2019/2020 *A levy for fiscal y ar 2010/2011 as been included in the budget previously certified a d will be sed together with available city funds to pay the princi al and i terest of the Bonds coming due in 2010/2011. i` (NOTE: For example the levy be%made and certified against the taxable valuations of January 1, 2009 *11 e collected during the fiscal year commencing July 1, 2010) (b) Resolution to File With County Auditor. A certified copy of this Resolution should be file ft1th the \ba uditor of Johnson County, State of Iowa, and said Auditor is by ins and for each of the years as provided, to levy and as s the tax thorized in Section 2 of this Resolution, in like ma r as other evied and assessed, and such taxes so levied in and fo r eao of the yeard be collected in like manner as other taxes of the City are d llected, and cted be used for the purpose of paying principal and / nterest on saisued in anticipation of said tax, and for no other purpos whatsoever. (c) Ad tional City Funds Available. incipa' and interest coming due at any time whe ff "the proceeds of said tax on han hall be insufficient to pay the same shall be p bmptly paid when due from Curren funds of the City available for that purpose a d reimbursement shall be made from ch special fund in the amounts thus 4dvanced. Section 3. rNERAL d Fund. Said tax shall be collected each yet the same time and in the same manner nd in addition to, all other taxes in and for th City, and when collected they sh e converted into a special fund within the Debt Service Fund to be known as the "G OBLIGATION BOND FUND 2010 NO. 1" (the "Bond -23- The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount' Interest Rate Maturity June 1 st $815,00 % 2011 $670,000 % 2012 $685,000 % 2013 $700,000 % 2014 $710,000 % 2015 $725,000 % 2016 $745,000 % 2017 $765,000 % 2018 $790,000 % 2019 $815,000 _% 2020 (b) Redemption. Bonds ma Vinh r June 1, 2018, may be called for redemption by the Issuer and paid berity on said date or any date thereafter, from any funds regardless of source, or from time to time in par t, in any order of maturity and within an annual maturiThe terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redempti n sha 1 be given by ordinary mail to the registered owner of the Bond. Failure to gives ch noti by mail to any registered owner of the Bonds or any defect therein shall n t affect th validity of any proceedings for the redemption of the Bonds. All bon s or portion thereof called for redemption will cease to bear interest after the specifie redemption d te, provided funds for their redemption are on deposit at the place of p yment. If selection by lot wi in a maturity is requ ed, the Registrar shall designate the bonds to be redeemed by r ndom selection of the n mes of the registered owners of the entire annual maturity u it the total amount of bon 4s to be called has been reached. Section 7. IssuaAce of Bonds in Book -Entry Fdrm; Replace (a) Notw' hstanding the other provisions oft is Resolution regarding registration, owne hip, transfer, payment and exchange f the Bonds, unless the Issuer determines to persfnit the exchange of Depository Bonds r Bonds in the Authorized Denominations„ Ahe Bonds shall be issued as Depository B nds in denominations of the entire principay'amount of each maturity of Bonds (or, if a p rtion of said principal -25- M� 07 12- 14__ Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 10 -346 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY 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 2:00 p.m. on the 12th day of August, 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 17th day of August, 2010, or at a special meeting called for that purpose. Passed and approved this 12th day of July 12010 I •: / proved by J� ATTEST: �Ld/ IG CITY CLERK City Attorney's Office pweng \res \res appp &s- parksmaintfacility.doc 6/10 l Resolution No. 10 -346 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x X _x x x x x wpdata/g I ossa ry/resolution -ic. doc NAYS: Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright U Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10 -347 CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 10 -4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE ", WHICH IS CURRENTLY TWENTY -ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE GENERAL ELECTION ON NOVEMBER 2, 2010. WHEREAS, a referendum petition pursuant to Article VII of the Home Rule Charter of Iowa City seeking to repeal Ordinance No. 10 -4388, which amended the bar entry age from nineteen (19) years of age to the "legal age ", which is currently twenty -one (21) years of age, was presented to the City Clerk and was certified sufficient on June 25, 2010; and WHEREAS, in the absence of Council repeal of the referred measure, Article VII of the City's Charter requires that the referred measure be submitted to the voters of the City; and WHEREAS, the City Council has declined to repeal the referred measure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next general election on November 2, 2010: Shall the following public measure be adopted? Yes No Be it resolved that Ordinance No. 10 -4388, which amended the bar entry age from nineteen (19) years of age to the "legal age ", which is currently twenty -one (21) years of age, be repealed. Passed and approved this 12th day of July , 2010. ATTEST: Al Cl-M,CLERK Eleanor /res/Legal Age Measure 21.doc oved by ? 7- 7 - tv City Attorney's Office Resolution No. 10 -347 Page 2 It was moved by 'Mims and seconded by W rkpnq the Resolution be adopted, and upon roll call there were: AYES: x _ x x x x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright M Prepared by: Sara Greenwood Hektoen, Asst. City Attorney 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10 -348 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY AND RITA'S RANCH OFF -LEASH DOG PARKS. WHEREAS, the City and Johnson County DogPAC, a private non - profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, have cooperated in the construction and maintenance of two off -leash dog parks and have previously negotiated a shared maintenance and fee - sharing agreement which has now expired; and WHEREAS, in order to ensure public compliance with the rules and regulations of the parks, including dog registration requirements, the City now desires to provide staffing at the parks; and WHEREAS, in order to recover the cost of this additional staffing expense, the parties now wish to modify the prior fee - sharing arrangement such that the City will deduct the actual staffing costs from the dog registration revenue before compensating DogPAC for their efforts to maintain and enhance the parks; and WHEREAS, the Parks and Recreation Commission has voted to support this revenue sharing agreement; and WHEREAS, the City Council finds it is in the public interest to enter into the attached agreement for the maintenance of and sharing revenue generated from the dog park, in a form approved by the City Attorney's Office and the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to execute and attest the attached Agreement. Passed and approved this 12th day of July , 2010 ATTEST: CITY"C-LERK AtUlegal /sara/res /62010dogpac- agtres. doc Ap roved by n -/City Attorney's Office 1 !I Resolution No. 10 -348 Page 2 It was moved by Wright and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/gl os sary/resolutio n4c. doc NAYS:' ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY AND RITA'S RANCH OFF -LEASH DOG PARKS WHEREAS, Johnson County DogPAC, Inc. (hereinafter referred to as "DogPAC ") is a non -profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Iowa City (hereinafter referred to as "City ") is the owner of the Thornberry Off - Leash Dog Park, located within Peninsula Park, and Rita's Ranch, located within Scott Park, and WHEREAS, DogPAC has been instrumental to the City in raising funds for said dog parks; and WHEREAS, DogPAC and the City desire to set forth in writing their agreement regarding the maintenance of said dog parks, the sharing of revenues collected from fees for use of the parks, and the parties' respective rights and obligations with respect thereto. NOW, THEREFORE IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Intent: The intent of this agreement is for the City and DogPAC to cooperatively provide a dog park within Peninsula Park for use by the general public. Further, the intent is to cooperatively maintain the facility for maximum benefit of both entities. Use: The dog park will be available for use by the general public, and will be open during regular park hours as established by City Code. DogPAC shall have priority rights for scheduling special events and activities in the dog park. Said events and activities shall be approved in advance by the City. Maintenance: Except as provided in this agreement, the City shall assume full responsibility and all costs for maintenance and repair of the dog parks and associated facilities, including routine mowing, snow removal and hauling away litter and the provision of park attendants. DogPAC shall be responsible for maintaining any specialized equipment owned by them and placed on the premises with City approval, for policing the areas on a routine basis to pick up dog feces and other litter, and for placing same in receptacles provided by the City. DogPAC may also, from time to time, organize volunteer activities to assist with maintenance and development of the dog parks. 4. Utility costs: The City shall pay all utility costs in connection with said dog parks. 5. Codes and Rules: DogPAC agrees to follow and observe all local and state codes, rules and regulations and obtain all necessary permits as may be required in conjunction with its activities.. Fund Raising: It is understood and agreed that, from time to time, DogPAC may conduct appropriate fund raising activities at the dog parks, with proceeds to benefit DogPAC and /or the dog parks. Said activities shall be scheduled through the City. Fees: DogPAC, as an organization, shall not be required to pay any fees to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the dog parks will be established by joint effort of the City and DogPAC and shall be approved by the City Council upon recommendation of the Parks and Recreation Commission, as provided in the City Code. 8. Sharing and Use of Fees Collected: Fees for use of the dog parks shall be collected by the City and deposited with the City Finance Department. The City shall pay DogPAC 90% of the net proceeds. Said net proceeds shall be calculated by subtracting the City's actual cost of administration and maintenance incurred in performance of its obligations contained herein and required by code, from the collected user fees. On a quarterly basis, the City shall provide DogPAC an accounting of such collected fees and actual costs, as well as a check for the amount due to DogPAC. DogPAC shall use the money received pursuant to this paragraph to directly benefit the off -leash dog parks and activities held at said parks, as agreed upon by the City. 9. Liability Insurance: DogPAC agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to its fund raising and other events in the dog parks. DogPAC may be required to provide and pay for liability insurance with respect to its use of said dog parks in an amount established by the City, and, if required, shall provide proof of said liability insurance to the City. The City shall provide hazard insurance at its expense with respect to fixed assets located at the dog parks. 10. Amendments: The terms of this agreement may be amended at any time by mutual written agreement between the City and DogPAC. 11. Term & Termination of Agreement: This agreement is in effect for one (1) year from the date it is executed by both parties, and may be renewed by mutual written consent of the parties for an unlimited number of renewal terms of one (1) year each. Either the City or DogPAC may terminate this agreement at any time for good cause. Such termination must be in writing with at least ninety (90) days notice. Termination may also occur upon mutual written agreement of both parties so long as neither party is in default of any of the provisions of this agreement. DATED this 12th day of Jul CITY OF IOWA CITY By: A-V / _ MAYOR / J Attest: Naaz fT CITY--CLERK Approved by:�ZaIG ��� City Attorney Office %�7//D 2010. JOHNSON COUNTY DogPAC By: 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 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 i ATTEST: CITY CLERK ity Att rney's ffic 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 UN -01 MOSS GREEN DEVELOPMENT CORPORATION FOR DEVELOPMENT IN THE CITY OF IOWA CITY, IOWA de 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 "). W ITNESSETH: 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. Cit 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 VI I I 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.. ME 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 Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, 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 Eel 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. (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, by being 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 In 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 and 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: 0) 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. (ii) 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 W1021 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 ISM 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; -29- (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.] PI-011 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: IN Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA in Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION in Stephen Moss, President ATTEST: in 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 IN11 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. FEW 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 i 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 15" 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/Incedentols 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/Incedentols 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 i 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 88 011'05" 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 89 041'57" 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) CITY OF IOWA CITY, IOWA : ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 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 82 024'15" 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 88 011'05" 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 31 st 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 - s 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) ATTEST: Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION 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. CityAtty., 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 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 agent 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. ATTEST: Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA MOSS GREEN DEVELOPMENT CORPORATION Stephen Moss, President C -9 Matthew J. Hayek, Mayor 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 .■ H : W2 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 CITY OF IOWA CIT 21 NP � . � =..� MEMORANDU Date: June 29, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator Re: Proposed Agreement with the National Development Council On your July 12 meeting agenda is a proposed contract with the National Development Council (NDC). NDC is the oldest national non - profit community development organization in the United States. Since their founding in 1969, their mission is to increase the flow of capital to underserved urban and rural areas for job creation and community development. At their meeting on June 15, the City Council Economic Development Committee voted 3 -0 in favor of recommending the proposed contract for City Council approval. Several areas in Iowa City have recently been identified for redevelopment, specifically the Towncrest neighborhood, Riverfront Crossings and the St. Patrick's development site. The City will be working with existing owners and encouraging developers to invest in these areas to revitalize the neighborhoods and ultimately increase property values. It is our hope that by promoting investment in these areas it will create economic opportunity, job creation, small business development, mixed housing (affordable and market rate) and revitalization. Staff is excited about the opportunity to work with community partners to meet those goals; however the task ahead of us is complex, necessitates the coordination of diverse interests and requires enormous financial resources. NDC has experience working with cities and communities in all 50 states to help them create, design, finance and execute their housing, economic and community development projects. They have deployed over $2 billion of investment capital to develop property. Development Assistance (sometimes called Technical Assistance) is NDC's core service. Staff contacted three cities /counties that utilize their services and each community stated that NDC has a history of getting projects financed and built in their community. Specifically, NDC will assist the City by working with existing owners and new developers to package financing that will enable projects to proceed. NDC has experience working with and obtaining funding through the Economic Development Administration (EDA), SBA 7(A) loans, New Market Tax Credits, CDBG and HOME programs, Federal Home Loan Bank Community Investment Program and several others. NDC will meet with owners, lenders, development professionals, and government agencies to ensure their continued support throughout each project. Key aspects of their services include: • propose, design and organize new programs (financial incentives), or review and update existing ones • evaluate sponsor /developer capacity • review finances and structuring, cost assumptions, capital budgets, and operating statements • advise on equity sources and structuring • Identify and secure other funding sources as needed • assist with development issues during predevelopment and development phases, • negotiate with investors, lenders and developers • advise on regulatory and administrative issues. June 29, 2010 Page 2 Attached for your review is the contract proposed by NDC. The City would enter a 12 month agreement that allows the City to cancel the contract anytime with a 30 day notification. The fee is $6,000 per month not to exceed $72,000. The NDC Foundation will provide $500 per month ($6,000) in assistance to augment the City's funds. In addition to off -site technical assistance via email, phone or other means, NDC staff will provide a minimum of two days per month of on -site technical assistance. While the City would focus their efforts to the aforementioned areas, NDC services may be used for any proposed development in Iowa City. Staff will be available at your July 12 meetings to answer any questions. cc: Dale Helling Jeff Davidson Steve Long Tracy Hightshoe AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT This Agreement is made and entered into this day of 2010, by and between the CITY OF IOWA CITY, An Iowa municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa 52240 (the "Client ") and NATIONAL DEVELOPMENT COUNCIL ( "NDC" or the "Contractor "), a New York non - profit corporation, which is a tax - exempt organization under Section 501(c) (3) of the Internal Revenue Code, whose address is 708 Third Avenue, Suite 710, New York, New York 10017, WITNESSETH THAT: WHEREAS, the Client desires to receive professional services from NDC to develop and assist in the implementation of the Client's community and economic development programs; WHEREAS, NDC is willing to provide, on such terms and conditions as are hereinafter provided, technical assistance to the Client utilizing its expertise in economic and community development activities and housing. NOW THEREFORE, in consideration of the above - mentioned premises and of the mutual covenants contained herein, the parties hereto agree as follows: I. SCOPE OF SERVICES The Client acknowledges that NDC regularly performs services for various governmental agencies and public benefit corporations located across the United States. The purpose of this Agreement is to set forth the terms upon which NDC will provide the Client with assistance it has requested, which is generally described as Exhibit A attached hereto. NDC agrees to perform such services as are requested by the Client and to provide such services, as it deems necessary to accomplish the goals requested. Exhibit A attached hereto fully describes the services to be offered to the Client by NDC. In performing the requested services, NDC shall consult with officers and employees of the Client and shall meet, as appropriate, with such representatives or other entities when necessary, including, without limitation, State and Federal officials and other local organizations. II. DURATION, TERMINATION NDC agrees to commence work for the Client effective July 15, 2010, and shall continue providing technical assistance until July 14, 2011. This agreement may be extended by mutual consent for a period of not greater than 24 months from the date of expiration. Either party may, at any time, terminate this Agreement with or without cause by sending written notice to the other party, in which event this Agreement shall be terminated effective 30 days after receipt of such notice. III. COMPENSATION NDC shall be compensated for performance of services described in the Scope of Services above in the total amount of seventy -eight thousand dollars ($78,000.00) ( "base fee amount ") paid according to the following: seventy -two thousand dollars ($72,000) payable in monthly installments of six thousand dollars ($6,000.00) for the first twelve months from the City and six thousand dollars ($6,000) payable in monthly installments of five hundred ($500.00) by the NDC Foundation. The NDC Foundation payments will be made directly to NDC and the Client has no responsibility for the collection or disbursement of these funds. The maximum payments by the City to NDC during the first twelve months of this Agreement shall not exceed seventy two thousand dollars ($72,000). The base fee amount includes all of NDC's time, travel expenses, supplies, postage, telephone, and other similar expenses. As an independent contractor, NDC is responsible for all taxes and other benefits of the employees of NDC and nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between the Client and the NDC. Payment by the Client for services rendered under this Agreement evidences the Client's acceptance of such services in accordance with the terms of this Agreement. Upon extension the parties may consider an adjustment in the fee paid by the City in an amount not to exceed 5% of the current fee. IV. MISCELLANEOUS PROVISIONS 4.1 Confidentiality of Reports. NDC shall keep confidential all reports, information and data given to, prepared or assembled by NDC pursuant to NDC's performance hereunder and Client designates in writing as confidential. Such information shall not be made available to any person, firm, corporation or entity without first obtaining the prior written consent of Client, unless otherwise mandated by applicable law. 4.2 Equal Opportunity. NDC shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identify, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identify, or sexual orientation. 4.3 Conflicts of Interest. No board member, officer or employee of Client or its designees or agents, and no other public official who exercises any functions or responsibilities with respect to any requested technical assistance, shall be permitted to financially benefit from this Agreement or have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. 4.4 Notices. All notices shall be sent by certified mail, hand - delivery or over night mail and in all events with a written acknowledgment of receipt to the address set forth at the beginning of this Agreement. 4.5 Responsibility for Claims - Mutual Indemnification. NDC agrees to indemnify and save harmless Client, their agents, officials, and employees from any liability, damage, expense, cause of action, suit, claim, judgment or expenses (including attorneys' fees) arising from injury to person, including death or personal property or otherwise, caused by or resulting from the activities in furtherance of the work described herein. Client agrees that such indemnity shall not apply to any actions, claims or damages arising as a result of Client's bad faith, willful misconduct or gross negligence. 4.6 Release of News Information. No news release, including photographs, public announcements or confirmation of same, or any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Client. 4.7 Compliance with Laws. NDC agrees to comply with all applicable federal, state and local laws in the conduct of the work hereunder. This Agreement shall be construed, interpreted and the rights of the parties determined, in accordance with the laws of the State of Iowa. 4.8 Assignment. Neither this Agreement nor any rights, duties or obligations described herein may be assigned by either party without the prior expressed written consent of the other party. 4.9 Severability. A determination that any part of this Agreement is invalid shall not invalidate or impair the force of the remainder of this Agreement. 4.10 Acknowledgement. The Client expressly acknowledges that all opinions and advice (written or oral) given by NDC to the Client in connection with NDC's engagement are intended solely for the benefit and use of the Client considering the financing and the Client agrees that no such opinion or advice shall be used for any other purpose or reproduced, disseminated, quoted or referred to at any time without the prior consent of NDC. 4.11 Disclaimer. The Client is a sophisticated business enterprise and has retained NDC for the purposes set forth in this Agreement and the parties acknowledge and agree that their respective rights and obligations are contractual in nature. Each party disclaims an intention to impose fiduciary agency rights or obligations on the other by virtue of the engagement hereunder. 4.12 General Terms. Exhibit B, attached hereto, contains additional General Terms to this Agreement. Any conflict between other terms of this Agreement and the General Terms in Exhibit B will be decided in favor of the General Terms 4.13 Entire Agreement. This Agreement contains the final agreement between the parties regarding the matters covered and supersedes any and all other agreement, either oral in writing, regarding the matters contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. \ CITY OF IOWA CITY, IOWA: Matthew J. Hayek, Mayor ATTEST: Marian K. Karr, City Clerk Approved by:.)rl,( o / (,kAF d IdeiJ� City Attorney 11121 ( b, NATIONAL DEVELOPMENT CO`I\NCIL: By' i, Robert W. avenport, resident NATIONAL DEVELOPMENT COUNCIL ACKNOWLEDGEMENT STATE OF N &) 0A COUNTY OF _�Lo IJQ This instrument was acknowledged before me on this 3 — day of StAl 2010 by Robert W. Davenport, as President of the National Development Council. -r� LINDA TSOI NOTARY PUBLIC (Name) (Title)�NO 6230618YORK (Stamp or Seal) QUAUMD IN QUEENS COI CONMSSION EXPIRES 2 -25 -2 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA: COUNTY OF JOHNSON: This instrument was acknowledged before me on this day of , 2010 by Matthew J. Hayek, as Mayor and Marian K. Karr, as City Clerk of the City of Iowa City, Iowa. Notary Public EXHIBIT A SCOPE OF SERVICES The Scope of Services describes the assistance available under this Technical Assistance Agreement during the specified contract period. The Client and NDC, by mutual agreement, may revise this Scope of Services from time to time. The assistance within this Scope of Services includes: A. NDC shall provide a minimum of two (2) days per month of on -site technical assistance to the Client in the areas defined in this Exhibit. Off -site technical assistance will be made available to the Client as requested via email, phone, facsimile or other means. B. NDC shall provide technical assistance to the Client in the design, implementation, and monitoring of the financing elements of the. Client's economic, housing and small business development plans for the Towncrest, St. Patrick's, Riverfront Crossing and other redevelopment areas as identified by the Client. C. At the Client's request, NDC will review and evaluate projects being considered by the Client for community and economic development assistance. This technical assistance may include, but is not be limited to: 1. Evaluating developer experience and capacity. 2. Financial review of the sources and uses, operating proformas, and financial statements for proposed projects. 3. Structuring of deals with available public sector economic, housing and small business development programs. 4. Review of appraisals, cost assumptions, capital budgets, operating statements, marketing data and other funding commitments. 5. Advising on tax credit equity sources, requirements and structuring 6. Identifying other funding sources for the range of commercial, industrial, and residential real estate and business credit deals prioritized by the Client. 7. Assisting with development issues during pre - development and development phases. 8. Advising on program regulations issues. D. NDC will provide technical support and financial analysis to the Client with 01 respect to its existing and proposed economic and housing development programs. Such assistance and analysis may include, but is not limited to: 1. Reviewing program compatibility with other private and public financing programs. 2. Recommending revisions to the program to increase its ability to leverage additional private, federal, state and philanthropic resources. 3. Identifying issues associated with the application, review, underwriting and compliance monitoring on programs that could improve their effectiveness in meeting the Client's development goals and objectives. E. NDC will provide technical assistance and advocacy in the Client's efforts to seek funding or to leverage existing resources through federal, state and local governmental programs including, but not limited to: 1. Community Development Block Grant (CDBG) program 2. HOME Investment Partnership program 3. HUD Section 108 loans, including Brownfields Economic Development Initiative (BEDI) grants 4. U.S. Department of Commerce Economic Development Administration (EDA) 5. U.S. Environmental Protection Agency (EPA) Brownfields Program, including Targeted Assessments, Supplemental Pilot Program, and Brownfields Revolving Loan Fund 6. U.S. Small Business Administration 7(a), 504, and Microenterprise programs 7. New Markets Tax Credits Program 8. Federal Home Loan Bank Community Investment Program 9. Rehabilitation Tax Credits (Historic Tax Credits) 10. Low - Income Housing Tax Credits (LIHTC) F. The Contractor shall provide additional assistance to the Client when requested to: 1. Attend meetings with developers, private lenders, Federal and State officials and others. 2. Work with State and Federal officials to insure their continued support and assistance to the City's programs and projects. 3. Assist in modification of grant agreements and loan documentation as well as work to insure approval of such modifications by authorizing agencies. 4. Assist in the negotiations of terms and repayments on financing programs. 5. Inform staff of changes in Federal and State programs in a timely fashion. 2 G. Technical Assistance is defined to also include training in the development of financing tools, financing analysis skills, loan programs and packaging requirements in both housing and economic development with the goal of building the capacity of the Client's staff to analyze projects and utilize public and private financing tools. H. Assistance to the Client in marketing, developing and maintaining the commitment of lending institutions, developers, federal state and local government officials and community groups to the Client's redevelopment plans and /or specific projects. Assistance shall include but not be limited to the following, upon request: 1. Attend briefings with lending institutions and potential applicants to explain the Client's economic development, small business and housing financing programs. 2. Make formal presentations to professional organizations of lending institutions, lawyers, accountants, architects, developers, etc. 3. Attend other meetings and conduct other presentations (including preparation of necessary presentation materials) as requested by the Client. Where applicable and upon request by the Client, NDC shall make available to the Client, and /or developers selected by the Client, programs and associated financial products administered by NDC. NDC may assess additional fees for such programs if it is NDC's policy to charge such fees. Such programs may include, but are not limited to: 1. SBA 7(a) loan Guarantee Program (Grow American Loan Fund) 2. Low Income Housing Tax Credit syndication services (Corporate Equity Fund) 3. Rehabilitation (Historic) Tax Credit syndication services (Corporate Equity Fund) 4. New Markets Tax Credits (Housing and Economic Development Corp.) 5. Renewable Energy Production Tax Credit and Loan Guarantee Program 6. Distressed Properties Program J. At a minimum every six months, and as requested by the Client, NDC shall provide a report summarizing its technical assistance activities on behalf of the Client and the accomplishments associated with these services. 3 EXHIBIT B GENERAL TERMS A. NDC shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. It is agreed by the Client that all records and files pertaining to information needed by NDC for the project shall be available by said Client upon reasonable request to NDC. The Client agrees to furnish all reasonable assistance in the use of these records and files. C. NDC agrees to furnish, upon termination of this Agreement and upon demand by the Client, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by NDC pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, NDC shall not be liable for the Client's use of such documents on other projects. D. The Client agrees to tender NDC all fees in a timely manner, excepting, however, that failure of NDC to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Client to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. E. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a Client officer or employee from having an interest in a contract with the Client, and certifies that no employee or officer of the Client, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. F. NDC agrees at all times material to this Agreement to have and maintain professional liability insurance covering NDC's liability for NDC's negligent acts, errors and omissions to the Client in the sum of $1,000,000. M ,� Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 10 -349 RESOLUTION APPROVING A CONTRACT WITH THE NATIONAL DEVELOPMENT COUNCIL (NDC) FOR SERVICES TO BETTER ENABLE ECONOMIC DEVELOPMENT PROJECTS IN IOWA CITY. WHEREAS, the City Council has adopted a set of Strategies and Policies guiding the economic development activities for the city; and WHEREAS, three of the four adopted objectives in the Economic Development Strategies and Policies support retaining and attracting new business or entrepreneurial endeavors, and improving the safety and attractiveness of our business neighborhoods; and WHEREAS, the City desires to retain the services of the National Development Council to further these objectives by facilitating negotiations and pursuing financing packages that would enable redevelopment of key economic development areas in Iowa City, including but not limited to, Towncrest, Riverfront Crossings and the former St. Patrick's Parish Hall site; and WHEREAS, the improvement of those economic development areas will serve to increase the commercial property tax base, retain and attract new business and entrepreneurial endeavors and improve the safety and attractiveness of our business neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached contract with the National Development Council is hereby approved and the Mayor is hereby authorized to sign and the City Clerk to attest said contract. Passed and approved this 12th day of Jul MAYOR ATTEST: CITY CLERK 20 10 Ap roved by -41 Q . 7 City Attorney's Office -�/-71i0 Resolution No. 10 -349 Page 2 It was moved by ' Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x X x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT This Agreement is made and entered into this /a day of uL- 2010, by and between the CITY OF IOWA CITY, An Iowa municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa 52240 (the "Client ") and NATIONAL DEVELOPMENT COUNCIL ( "NDC" or the "Contractor "), a New York non - profit corporation, which is a tax - exempt organization under Section 501(c) (3) of the Internal Revenue Code, whose address is 708 Third Avenue, Suite 710, New York, New York 10017, WITNESSETH THAT: WHEREAS, the Client desires to receive professional services from NDC to develop and assist in the implementation of the Client's community and economic development programs; WHEREAS, NDC is willing to provide, on such terms and conditions as are hereinafter provided, technical assistance to the Client utilizing its expertise in economic and community development activities and housing. NOW THEREFORE, in consideration of the above - mentioned premises and of the mutual covenants contained herein, the parties hereto agree as follows: I. SCOPE OF SERVICES The Client acknowledges that NDC regularly performs services for various governmental agencies and public benefit corporations located across the United States. The purpose of this Agreement is to set forth the terms upon which NDC will provide the Client with assistance it has requested, which is generally described as Exhibit A attached hereto. NDC agrees to perform such services as are requested by the Client and to provide such services, as it deems necessary to accomplish the goals requested. Exhibit A attached hereto fully describes the services to be offered to the Client by NDC. In performing the requested services, NDC shall consult with officers and employees of the Client and shall meet, as appropriate, with such representatives or other entities when necessary, including, without limitation, State and Federal officials and other local organizations. II. DURATION, TERMINATION NDC agrees to commence work for the Client effective July 15, 2010, and shall continue providing technical assistance until July 14, 2011. This agreement may be extended by mutual consent for a period of not greater than 24 months from the date of expiration. Either party may, at any time, terminate this Agreement with or without cause by sending written notice to the other party, in which event this Agreement shall be terminated effective 30 days after receipt of such notice. III. COMPENSATION NDC shall be compensated for performance of services described in the Scope of Services above in the total amount of seventy -eight thousand dollars ($78,000.00) ( "base fee amount ") paid according to the following: seventy -two thousand dollars ($72,000) payable in monthly installments of six thousand dollars ($6,000.00) for the first twelve months from the City and six thousand dollars ($6,000) payable in monthly installments of five hundred ($500.00) by the NDC Foundation. The NDC Foundation payments will be made directly to NDC and the Client has no responsibility for the collection or disbursement of these funds. The maximum payments by the City to NDC during the first twelve months of this Agreement shall not exceed seventy two thousand dollars ($72,000). The base fee amount includes all of NDC's time, travel expenses, supplies, postage, telephone, and other similar expenses. As an independent contractor, NDC is responsible for all taxes and other benefits of the employees of NDC and nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between the Client and the NDC. Payment by the Client for services rendered under this Agreement evidences the Client's acceptance of such services in accordance with the terms of this Agreement. Upon extension the parties may consider an adjustment in the fee paid by the City in an amount not to exceed 5% of the current fee. IV. MISCELLANEOUS PROVISIONS 4.1 Confidentiality of Reports. NDC shall keep confidential all reports, information and data given to, prepared or assembled by NDC pursuant to NDC's performance hereunder and Client designates in writing as confidential. Such information shall not be made available to any person, firm, corporation or entity without first obtaining the prior written consent of Client, unless otherwise mandated by applicable law. 4.2 Equal Opportunity. NDC shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identify, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identify, or sexual orientation. 4.3 Conflicts of Interest. No board member, officer or employee of Client or its designees or agents, and no other public official who exercises any functions or responsibilities with respect to any requested technical assistance, shall be permitted to financially benefit from this Agreement or have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. 4.4 Notices. All notices shall be sent by certified mail, hand - delivery or over night mail and in all events with a written acknowledgment of receipt to the address set forth at the beginning of this Agreement. 4.5 Responsibility for Claims - Mutual Indemnification. NDC agrees to indemnify and save harmless Client, their agents, officials, and employees from any liability, damage, expense, cause of action, suit, claim, judgment or expenses (including attorneys' fees) arising from injury to person, including death or personal property or otherwise, caused by or resulting from the activities in furtherance of the work described herein. Client agrees that such indemnity shall not apply to any actions, claims or damages arising as a result of Client's bad faith, willful misconduct or gross negligence. 4.6 Release of News Information. No news release, including photographs, public announcements or confirmation of same, or any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Client. 4.7 Compliance with Laws. NDC agrees to comply with all applicable federal, state and local laws in the conduct of the work hereunder. This Agreement shall be construed, interpreted and the rights of the parties determined, in accordance with the laws of the State of Iowa. 4.8 Assignment. Neither this Agreement nor any rights, duties or obligations described herein may be assigned by either party without the prior expressed written consent of the other party. 4.9 Severability. A determination that any part of this Agreement is invalid shall not invalidate or impair the force of the remainder of this Agreement. 4.10 Acknowledgement. The Client expressly acknowledges that all opinions and advice (written or oral) given by NDC to the Client in connection with NDC's engagement are intended solely for the benefit and use of the Client considering the financing and the Client agrees that no such opinion or advice shall be used for any other purpose or reproduced, disseminated, quoted or referred to at any time without the prior consent of NDC. 4.11 Disclaimer. The Client is a sophisticated business enterprise and has retained NDC for the purposes set forth in this Agreement and the parties acknowledge and agree that their respective rights and obligations are contractual in nature. Each party disclaims an intention to impose fiduciary agency rights or obligations on the other by virtue of the engagement hereunder. 4.12 General Terms. Exhibit B, attached hereto, contains additional General Terms to this Agreement. Any conflict between other terms of this Agreement and the General Terms in Exhibit B will be decided in favor of the General Terms 4.13 Entire Agreement. This Agreement contains the final agreement between the parties regarding the matters covered and supersedes any and all other agreement, either oral in writing, regarding the matters contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF IOWA CITY, IOWA: By: ?!la4 Matthew J. Hayek, Mayor ATTEST: =ify Marian K. Kar It Approved by:, 41 G, City Attorney • j 11;1-I110 NATIONAL DEVELOPMENT NCIL: sue" CO Robert W, avenport, resident NATIONAL DEVELOPMENT COUNCIL ACKNOWLEDGEMENT STATE OF NPR) 0A COUNTY OF Ofi i 'LK This instrument was acknowledged before me on this 4 LL—dayof 11 e 2010 by Robert W. Davenport, as President of the National Development Council. C._ti;. LINDA TSOI NOTARY PUBLIC (Name) (Title) srxrNO NEW YORK (Stamp or Seal) QUALMDIN QUEENS COi COb,WSSION EXPIRES 2.25-2 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA: COUNTY OF JOHNSON: This instrument was acknowledged before me on this 61 day of j�t , 2010 by Matthew J. Hayek, as Mayor and Marian K. Karr, as City Clerk of the City o Iowa City, Iowa. S R-,-A Notary Public *0W SONDRAE FORT Commission Number 159791 My Commission Expires 3�id EXHIBIT A SCOPE OF SERVICES The Scope of Services describes the assistance available under this Technical Assistance Agreement during the specified contract period. The Client and NDC, by mutual agreement, may revise this Scope of Services from time to time. The assistance within this Scope of Services includes: A. NDC shall provide a minimum of two (2) days per month of on -site technical assistance to the Client in the areas defined in this Exhibit. Off -site technical assistance will be made available to the Client as requested via email, phone, facsimile or other means. B. NDC shall provide technical assistance to the Client in the design, implementation, and monitoring of the financing elements of the. Client's economic, housing and small business development plans for the Towncrest, St. Patrick's, Riverfront Crossing and other redevelopment areas as identified by the Client. C. At the Client's request, NDC will review and evaluate projects being considered by the Client for community and economic development assistance. This technical assistance may include, but is not be limited to: 1. Evaluating developer experience and capacity. 2. Financial review of the sources and uses, operating proformas, and financial statements for proposed projects. 3. Structuring of deals with available public sector economic, housing and small business development programs. 4. Review of appraisals, cost assumptions, capital budgets, operating statements, marketing data and other funding commitments. 5. Advising on fax credit equity sources, requirements and structuring 6. Identifying other funding sources for the range of commercial, industrial, and residential real estate and business credit deals prioritized by the Client. 7. Assisting with development issues during pre - development and development phases. 8. Advising on program regulations issues. D. NDC will provide technical support and financial analysis to the Client with 1 respect to its existing and proposed economic and housing development programs. Such assistance and analysis may include, but is not limited to: 1. Reviewing program compatibility with other private and public financing programs. 2. Recommending revisions to the program to increase its ability to leverage additional private, federal, state and philanthropic resources. 3. Identifying issues associated with the application, review, underwriting and compliance monitoring on programs that could improve their effectiveness in meeting the Client's development goals and objectives. E. NDC will provide technical assistance and advocacy in the Client's efforts to seek funding or to leverage existing resources through federal, state and local governmental programs including, but not limited to: 1. Community Development Block Grant (CDBG) program 2. HOME Investment Partnership program 3. HUD Section 108 loans, including Brownfields Economic Development Initiative (BEDI) grants 4. U.S. Department of Commerce Economic Development Administration (EDA) 5. U.S. Environmental Protection Agency (EPA) Brownfields Program, including Targeted Assessments, Supplemental Pilot Program, and Brownfields Revolving Loan Fund 6. U.S. Small Business Administration 7(a), 504, and Microenterprise programs 7. New Markets Tax Credits Program 8. Federal Home Loan Bank Community Investment Program 9. Rehabilitation Tax Credits (Historic Tax Credits) 10. Low - Income Housing Tax Credits (LIHTC) F. The Contractor shall provide additional assistance to the Client when requested to: 1. Attend meetings with developers, private lenders, Federal and State officials and others. 2. Work with State and Federal officials to insure their continued support and assistance to the City's programs and projects. 3. Assist in modification of grant agreements and loan documentation as well as work to insure approval of such modifications by authorizing agencies. 4. Assist in the negotiations of terms and repayments on financing programs. 5. Inform staff of changes in Federal and State programs in a timely fashion. 4 G. Technical Assistance is defined to also include training in the development of financing tools, financing analysis skills, loan programs and packaging requirements in both housing and economic development with the goal of building the capacity of the Client's staff to analyze projects and utilize public and private financing tools. H. Assistance to the Client in marketing, developing and maintaining the commitment of lending institutions, developers, federal state and local government officials and community groups to the Client's redevelopment plans and /or specific projects. Assistance shall include but not be limited to the following, upon request: 1. Attend briefings with lending institutions and potential applicants to explain the Client's economic development, small business and housing financing programs. 2. Make formal presentations to professional organizations of lending institutions, lawyers, accountants, architects, developers, etc. 3. Attend other meetings and conduct other presentations (including preparation of necessary presentation materials) as requested by the Client. Where applicable and upon request by the Client, NDC shall make available to the Client, and /or developers selected by the Client, programs and associated financial products administered by NDC. NDC may assess additional fees for such programs if it is NDC's policy to charge such fees. Such programs may include, but are not limited to: 1. SBA 7(a) loan Guarantee Program (Grow American Loan Fund) 2. Low Income Housing Tax Credit syndication services (Corporate Equity Fund) 3. Rehabilitation (Historic) Tax Credit syndication services (Corporate Equity Fund) 4. New Markets Tax Credits (Housing and Economic Development Corp.) 5. Renewable Energy Production Tax Credit and Loan Guarantee Program 6. Distressed Properties Program J. At a minimum every six months, and as requested by the Client, NDC shall provide a report summarizing its technical assistance activities on behalf of the Client and the accomplishments associated with these services. 3 EXHIBIT B GENERAL TERMS A. NDC shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. It is agreed by the Client that all records and files pertaining to information needed by NDC for the project shall be available by said Client upon reasonable request to NDC. The Client agrees to furnish all reasonable assistance in the use of these records and files. C. NDC agrees to furnish, upon termination of this Agreement and upon demand by the Client, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by NDC pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, NDC shall not be liable for the Client's use of such documents on other projects. D. The Client agrees to tender NDC all fees in a timely manner, excepting, however, that failure of NDC to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Client to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a Client officer or employee from having an interest in a contract with the Client, and certifies that no employee or officer of the Client, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. F. NDC agrees at all times material to this Agreement to have and maintain professional liability insurance covering NDC's liability for NDC's negligent acts, errors and omissions to the Client in the sum of $1,000,000. Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 10 -350 RESOLUTION RESCINDING THE 2007 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM WHEREAS, federal law mandates alcohol and controlled substance testing programs for commercial drivers be developed; and WHEREAS, Resolution No. 07 -35, adopted by the City Council on February 6, 2007, established the existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol; and WHEREAS, the Program has been updated to reflect changes required as a result of a review by the Federal Transit Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol established by Resolution No. 07 -35 is hereby rescinded. 2. The Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol attached to this resolution and by this reference made a part hereof is hereby established and adopted. Passed and approved this 12th day of July 20 to ATTEST: CITY tEERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X humanrel /res/cdl program 2007.doc AVqoved by 2It- City Attorney's Office Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL TABLE OF CONTENTS SECTIONS APPENDICES A City of Iowa City Substance Abuse Policy B Safety Sensitive Positions Subject to Drug and Alcohol Testing Under 49 CFR Part 382 (FMCSA) and Part 655 (FTA) C Contact Names D Substance Abuse Professionals E Support Groups and Resources F Federal Drug Testing Custody and Control Form G Breath Alcohol Testing Form H Drugs and Alcohol Fact Sheets 1 1 Introduction /Purpose ...................................................................... ............................... 2 Applicability ............................... 1 .................................................................................. 1 3 Effect of Use, Refusal or Failure ...................................................... ............................... Safety- Sensitive Functions ............................... 2 4 ............................................................... 2 5 Prohibited Conduct ......................................................................... ............................... 6 Types of Drug Testing ............................... 4 ..................................................................... 9 7 Drug Testing Procedures ................................................................. ............................... 11 8 Alcohol Testing Procedures .......................................................... ............................... 14 9 Information and Education ............................................................ ............................... 10 Employee Referral, Evaluation and Treatment ............................... ............................... 14 11 Consequences of a Drug or Alcohol Positive Test .......................... ............................... 16 12 Recordkeeping and Access to Facilities and Records ..................... ............................... 17 APPENDICES A City of Iowa City Substance Abuse Policy B Safety Sensitive Positions Subject to Drug and Alcohol Testing Under 49 CFR Part 382 (FMCSA) and Part 655 (FTA) C Contact Names D Substance Abuse Professionals E Support Groups and Resources F Federal Drug Testing Custody and Control Form G Breath Alcohol Testing Form H Drugs and Alcohol Fact Sheets SECTION 1. INTRODUCTION /PURPOSE This document describes the City of Iowa City's Substance Abuse Prevention Program for personnel required to hold a Commercial Drivers License. The purpose of the program is to establish proce- dures for the administration of the Department of Transportation (DOT) substance abuse prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, 49 CFR, Part 382 and Part 655. These regulations require employers to implement substance abuse prevention programs if they employ safety- sensitive personnel who operate commercial motor vehicles and who are required to have commercial drivers' licenses. This program will be administered in accordance with 49 CFR Part 40, Part 382 and Part 655 and in a manner which respects the integrity and privacy of employees to the greatest extent possible. The designated employer representative (DER) for this policy is found in Appendix C. Chapter 1 SECTION 2. APPLICABILITY The City has employees who drive commercial motor vehicles and who are required to have a commercial drivers' license. A list of safety- sensitive positions subject to drug and alcohol testing is attached as Appendix B. Employees and prospective employees shall be tested in accordance with requirements of 49 CFR Part 40, Part 382, and Part 655. For the purposes of this program, commercial motor vehicles include: a. A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed unit with a gross weight of 10,000 pounds; or b. A motor vehicle designed to transport 16 or more passengers, including the driver; or C. A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR Part 172, subpart F). In the event of a conflict between this program and the provisions of 49 CFR, Part 382 or Part 655, the provisions of the federal regulations will prevail. SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE All employees covered by this policy will be subject to urine drug testing and breath alcohol testing as a condition of employment in accordance with 49 CFR Part 655. Any person applying for a position with the City who refuses or fails a pre - employment drug test will not be hired. Any employee covered by this policy who has engaged in prohibited drug and /or alcohol use will not be allowed to perform safety- sensitive functions. Any employee covered by this program who refuses or fails an alcohol or drug test will immediately be removed from performing safety- sensitive functions and referred to a substance abuse professional. Any employee covered by this program who refuses or fails an alcohol or drug test will receive disciplinary action, up to and including termination, in accordance with the consequences listed in Section 11. CDL Policy 1 -1 Rev. March 2010 SECTION 4. SAFETY- SENSITIVE FUNCTIONS Safety- sensitive functions under Federal Motor Carrier Safety Administration (FMCSA) Guidelines include: a. Waiting to be dispatched, unless the City has relieved the employee from duty; b. Inspecting, servicing, or conditioning any commercial motor vehicle at any time; C. Driving time; d. Time in or on any commercial motor vehicle; e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle, or remaining in readiness to operate the commercial motor vehicle; f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; Under Federal Transit Authority (FTA) Guidelines, safety- sensitive function means any of the follow- ing duties: a. Operating a revenue service vehicle, including when not in revenue service; b. Operating a non - revenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; C. Controlling dispatch or movement of a revenue service vehicle; d. Maintaining a revenue service vehicle or equipment used in revenue service. SECTION 5. PROHIBITED CONDUCT 5.1 Prohibited Employee Conduct. Employees who engage in the following conduct will be removed from safety- sensitive functions and will be subject to disciplinary action up to and including discharge. a. Alcohol Concentration. Report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of .04 mg/liter or greater. b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while pos- sessing alcohol. C. On -duty Use. Consume alcohol while performing safety- sensitive functions. d. Pre -duty Use. Consume alcohol in the four hours prior to reporting for duty. e. Post - accident Use. Consume alcohol in the 8 hours following an accident or until undergoing a post- accident test. CDL Policy 1 -2 Rev. March 2010 f. Refuse to Test. Refuse to submit to an alcohol or drug test. Refusal to test is classified as a positive test and subject to the consequences of a positive test. Refusal to test includes, but is not limited to, such behavior as: 1. Failure to report in a timely manner to a collection site (except for a pre- employment test). Once notified an employee is to immediately go directly to the testing site. 2. Failure to remain at the testing site until the testing process is complete (except for a pre - employment test). 3. Failure to provide a urine specimen for any drug test required by this part or DOT agency regulations (except for a pre - employment test). 4. In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of your provision of a specimen. 5. Failure to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Failure or decline to take a second test the City or collector has directed you to take. 7. Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the City as part of the procedures for situations in which an employee does not provide a sufficient amount of urine to permit a drug test. In the case of a pre - employment drug test, the employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment. If there was no contingent offer of employee, the MRO will cancel the test; or 8. Failure to cooperate with any part of the testing process (e.g., refusal to empty pockets when so directed by the collector, behaving in a confrontational way that disrupts the collection process) or verbal or written refusal to provide a required urine /breath specimen. 9. For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there are any types of prosthetic or other devices that could be used to interfere with the collection process. 10. Possess or wear a prosthetic or other device that could be used to interfere with the collection process. 11. Admit to the collector or MRO that the specimen was adulterated or substituted. 12. The refusal to take a non -DOT drug or alcohol test or sign a non -DOT form is not a refusal to take a DOT test. 13. Failure to sign the certification at Step 2 of the Alcohol Test Form g. Use drugs. Report for duty or remain on duty requiring the performance of safety - sensitive functions when the driver has used illegal drugs. h. Test Positive for Drugs. Report for duty, remain on duty, or perform a safety- sensitive function if tested positive for illegal drugs. CDL Policy 1 -3 Rev. March 2010 5.2 Prohibited Employer Conduct. The City, if having actual knowledge that an employee is engaging in any of the conduct listed above, will not allow the employee to drive or perform any other safety- sensitive function. The City will not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process including corrections, laboratory testing, MRO and SAP services. 5.3 Other Prohibited Conduct. An employee whose test results indicate an alcohol concentration of .02 or greater, but less than .04, will not be allowed to perform safety- sensitive functions until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following the alcohol test if under FHWA regulations or not less than 8 hours if under FTA regulations. SECTION 6. TYPES OF TESTING Covered employees are subject to six types of drug and alcohol testing under the substance abuse prevention program. Employees must have a verified negative to pass a drug test. 6.1 Pre - employment Testing. A pre - employment drug test will be conducted as follows: a. A pre - employment drug test will be conducted when an individual is hired for a posi- tion covered in this program. This requirement applies to both new employees and current employees who transfer to a safety- sensitive position within the City. An em- ployee who is subject to random testing will be removed from the City of Iowa City's testing pool while on a lengthy leave of absence including, but not limited to seasonal layoff, extended worker's compensation leave or ma- ternity leave. Any leave of absence that extends beyond 90 days will re- quire the employee to be tested before returning to work. All job offers are contingent upon passing the pre - employment drug test. b. Drug Specific Requirements: 1. The City will not hire any individual unless the covered employee /applicant has taken a drug test with a verified negative test result. 2. If a covered employee /applicant has previously failed or refused a DOT pre- employment drug test administered under this part, the covered employee /applicant must provide the City proof of having successfully completed a referral, evaluation and treatment plan as described in Section 655.62. 3. If a covered employee has not performed a safety sensitive duty for 90 consecutive days or more regardless of the reason, and the employee has not been in the City's random selection pool, the covered employee must take a pre - employment drug test with a verified negative result before returning to safety sensitive duties. 4. The City will notify the covered employee /applicant of the results of a drug test if the covered employee /applicant requests the results within 60 calendar CDL Policy 1 -4 Rev. March 2010 days of being notified of . the City's decision regarding the covered employee /applicant's employment application. 5. If the Medical Review Officer (MRO) cannot contact the covered employee /applicant to advise them of a positive test result, the MRO will notify the DER. The DER will make reasonable efforts to contact and request each covered employee /applicant who submitted a specimen under the City's drug testing program to contact and discuss the results of the drug testing program with the MRO. The DER will also immediately notify the MRO that they have notified the covered employee /applicant to contact the MRO within 24 hours. 6. Failure of a pre - employment drug test will disqualify an applicant from employment in a safety- sensitive position for a period of at least one year. 6.2 Post - accident Testing. Under FMCSA and FTA regulations, when an accident involving a commercial motor vehicle occurs, the City will require a drug and alcohol test on the operator who was performing safety- sensitive functions with respect to the vehicle if the accident involved the loss of human life. "Accident" under the FMCSA is further defined as an incident where the driver receives a citation under State or local law for a moving traffic violation arising from the accident if the accident involved: (1) a fatality occurs, or (2) bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (3) one or more motor vehicles incurred disabling damage as the result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. The FTA further defines an accident as an occurrence in which: (1) a fatality occurs, or (2) an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident, or (3) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van or automobile, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. Regulations further state that the employer shall test each covered employee operating the mass transit vehicle at the time of the accident unless the City determines, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. Such a decision will be documented in detail by the City, including the decision - making process used to reach the decision not to test. The employer shall also test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. CDL Policy 1 -5 Rev. March 2010 All employees subject to this program will be tested as follows: a. Drug Specific Requirements 1. The employee will be tested as soon as practicable, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not re- main in the body for extended periods of time, testing will be conducted as soon as possible. If the drug test is not administered within 32 hours after the accident, the City will cease attempts to administer the drug test and will prepare and maintain records stating why the City did not administer the tests promptly. All reasonable steps will be taken to obtain a urine sample from the employ- ee after an accident. In case of a conscious but hospitalized employee, the City will request the hospital or medical facility to obtain a urine sample and if necessary, reference will be made to the DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure then a sample will not be obtained. If an employee who is subject to post- accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as an employee covered by this policy. b. Alcohol Specific Requirements If the alcohol test is not administered within 2 hours post- accident the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours post- accident the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. C. An employee who is subject to post- accident drug and alcohol testing will remain readily available for such testing. Any employee who fails to remain available for drug and alcohol testing, or who otherwise leaves the scene of the accident without appropriate authorization will be deemed to have refused to submit to testing. However, the employee is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary to obtain assistance in responding to the accident. d. The City will provide employees with necessary information, procedures and instruc- tions so that employees will be able to comply. e. The City may use drug and alcohol (breath or blood) test results taken by Federal, State, or local officials if such test results conform to applicable requirements and the City obtains the results. CDL Policy 1 -6 Rev. March 2010 6.3 Random Testing. All employees subject to this program are subject to unannounced drug and alcohol testing based on random selection. Random testing will be conducted as follows: a. The City will ensure that random drug and alcohol tests are unannounced and spread reasonably throughout the calendar year. b. The City will maintain two selection pools based on the governing regulations: one pool for FMCSA employees and one pool for FTA employees. The City will conduct a sufficient number of completed tests to equal an annual rate not less than the minimum annual percentage rate for random testing. 1. Drug Specific Requirement. For drug testing, the number of employees to be tested under FTA regulations will be equivalent to at least 25 percent (25 %) of the selection pool of employees every twelve (12) months. For drug testing of employees to be tested under FMCSA regulations, the number of employees to be tested will be equivalent to at least fifty percent (50 %) of the selection pool of employees every twelve (12) months Alcohol Specific Requirement. For alcohol testing, the number of employees to be tested under FTA regulations will be equivalent to at least ten percent (10 %) of the selection pool of employees every twelve (12) months. For alcohol testing of employees to be tested under FMCSA regulations, the number of employees to be tested will be equivalent to at least twenty -five percent (25 %) of the selection pool of employees every twelve (12) months. The percentage of employees to be tested for alcohol misuse can be adjusted by the FMCSA or FTA Administrator to an amount between 10% and 50% of all drivers based on violation rates for the industry. All employees will be subject to random testing on each random testing date and will have an equal chance of being tested each time selections are made. The random selection procedure will employ a computer -based random number generator. As a result of the random selection process, an employee may be tested more than once or not at all during the calendar year. d. An employee selected for random drug or alcohol testing will immediately proceed directly to the test site. Failure to proceed directly to the test site will result in disciplinary action, up to and including discharge. e. The City will administer a random alcohol test to an employee only just before, while, or just after the employee performs a safety- sensitive function. f. The City may administer a random drug test to an employee at any time during on- duty hours. 6.4 Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an employee covered by this program is using a prohibited drug, or is using alcohol in a prohibited manner, the City will require the employee to take a drug and /or alcohol test (whichever is appropriate) as follows: A decision to test must be based on specific contemporaneous, articulable observa- tions concerning the appearance, behavior, speech or body /breath odors of the employee. CDL Policy 1 -7 Rev. March 2010 b. The required observations for reasonable suspicion drug or alcohol testing must be made by a trained supervisor or a trained City official. C. The City will make a written record within 24 hours of the observations leading to a reasonable suspicion test or before the results of the test are released, whichever is earlier. The supervisor or City official who made the observations must sign this record. d. Alcohol Specific Requirements 1. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test may not conduct the alcohol test. 2. The observations must be made just before, while, or just after the employee performs safety- sensitive functions. 3. If the test is not administered within 2 hours following the supervisor's obser- vation and determination that a reasonable suspicion of alcohol violations exists, the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. 4. The City will not permit an employee to perform or continue to perform safety- sensitive functions if the City has a reasonable suspicion the employee is using alcohol in a prohibited manner until: (a) An alcohol test shows the employee's alcohol concentration as less than .02; or (b) 24 hours have elapsed following the determination of reasonable suspicion. 5. Other than requiring an employee to take an alcohol test, the Commercial Driver's License regulation (49 CFR Part 382 and 655) does not authorize the City to take any action against the employee based solely on the driver's behavior and appearance with respect to alcohol use until the employee takes, or refuses to take, an alcohol test. However, the City will impose other . discipline as appropriate and lawful. 6.5 Return -to -Duty Testing. Any employee who has engaged in prohibited drug or alcohol use must undergo a drug or alcohol test before returning to duty requiring the performance of safety- sensitive functions. The drug test must indicate a verified negative result for drug use. The alcohol test must indicate an alcohol concentration of less than .02 immediately prior to performing safety- sensitive functions. 6.6 Follow -up Testing. An employee returned to duty in accordance with subsection 6.5 is subject to follow -up testing: a. Following a determination by a substance abuse professional that an employee needs assistance in resolving drug or alcohol abuse problems, the City will administer unannounced follow -up drug or alcohol testing as directed by a substance abuse professional. At least 6 tests are required in the first 12 months following the em- CDL Policy 1 -8 Rev. March 2010 ployee's return to duty. The substance abuse professional may require the employee to undergo additional controlled substances and alcohol testing for up to 60 months. b. The City will conduct follow -up alcohol testing just before, while, or just after the employee performs safety- sensitive functions. C. The City may administer a follow -up drug test at any time during on -duty hours. SECTION 7. DRUG TESTING PROCEDURES 7.1 General Guidelines. The collection site for the drug testing portion of these procedures is listed in Appendix C. The following testing procedures will be followed in conducting tests under this program: a. When an employee /applicant arrives at the site, a staff person shall ensure that the employee /applicant is positively identified by use of a picture I.D. (driver's license, City I. D.) or identification by the employer's representative. b. Drug testing will be performed utilizing urine samples. A split sample method of collection will be used. C. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per - formed. d. An applicant who is offered a position covered by this policy will be required to report to the site for a scheduled test and provide a specimen of his /her urine. e. Upon notification that a drug test is required, an employee will report immediately to the site, and provide a specimen of his /her urine. The time allowed for employees to report for drug testing after receiving notice will be travel time. f. In the event of post- accident drug testing, employees will report to the site as soon as possible, but no later than 32 hours after an accident has occurred. If the site is closed the employee will report to the alternate site noted in Appendix C. g. If the test result of the primary specimen is positive, the MRO will, if requested by the employee within 72 hours after being notified of the test result, direct a DHHS- certified laboratory to test the split specimen. The result of the second test will be provided to the MRO. If the result of the second test fails to confirm the drugs found in the primary sample, the test will be cancelled. A cancelled test is neither a positive nor a negative test. h. Privacy/Test Procedures The staff person shall ask the employee to remove any outer garments that might conceal items that could be used to adulterate the employee's urine specimen. Unless there is a reason to believe that a particular employee may alter or substitute the specimen, procedures for collecting urine specimens will allow individual privacy. Whenever possible a collection site representative and the DER will review and agree in advance of any decision to obtain a specimen under the direct observation of a same gender collection site person. CDL Policy 1 -9 Rev. March 2010 The following circumstances are grounds to believe the individual may tamper or has tampered with a specimen and justify the use of monitoring procedures or direct observation of the donation of the urine specimen: 1. The specimen falls outside the normal temperature range. 2. The last urine specimen provided by the employee did not meet the federal regulations for specific gravity and creatinine concentration. 3. The collection site person observes conduct clearly and unequivocally indi- cating an attempt to substitute or adulterate the sample. 4. In the case of follow -up testing, the employee has previously been deter- mined to have used a controlled substance without medical authorization. If there is reason to believe that the employee has altered or substituted the specimen, a second specimen will be obtained as soon as possible under the direct observation of a same gender staff person. Any employee who adulterates a sample will be subject to disciplinary action. j. The employee will be asked to read and sign a statement on the custody and control form. If specified by DOT agency or required by staff or the laboratory, the employee may be required to sign a consent or release form authorizing the collection and analysis of the specimen and release of the results. Appendix F The employee may not be required to waive liability with respect to negligence on the part of any person participating in the collection, handling or analysis of the specimen or to indemnify any person for the negligence of others. Dilute Negative Tests. If the laboratory notifies,the MRO that the results of a test are a dilute negative, the employee will be required to immediately undergo a non - observed recollection. The results of the second test will stand as the results of record. M. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Program. In the event of a conflict between this program and the federal regulations, the federal regulations shall prevai I. 7.2 Collection Agencies (For Urine Specimens). The collection site for this program is listed in Appendix C. The site will comply with all methods and procedures of 49 CFR Part 40 and will provide required reports. 7.3 Medical Review Officer (MRO). The MRO for this policy is listed in Appendix CB. The MRO will comply with all methods and procedures set forth in 49 CFR Part 40 and will maintain records and provide reports as required. CDL Policy 1 -10 Rev. March 2010 Test Results. Negative: no action Negative - dilute: retest* Positive: rule violation Positive — dilute: rule violation Test Refusal: rule violation Insufficient Volume (medical explanation): cancelled test/no action Insufficient Volume (no medical explanation): test refusal /rule violation *Requires an immediate recollection under direct observation if the creatinine concentration was greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL. 7.5 Testing Laboratory. The testing laboratory for this program is listed in Appendix C. The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing compliance. In the event that the designated laboratory is unable to satisfactorily perform services required under this program, the City will designate an alternative laboratory. 7.6 Records. Any employee who has undergone a drug test will, upon making a written request, have access to any records relating to the employee's drug test and any records relating to the results of any relevant certification, review, or revocation of certification proceedings. SECTION 8. ALCOHOL TESTING PROCEDURES 8.1 General Requirements. The alcohol- testing portion of these procedures will be administered by the site listed in Appendix C who will act as an authorized agent for the City and will provide testing services and certified Breath Alcohol Technicians (BAT). The general require- ments for alcohol testing under this program are as follows: a. Alcohol testing will be performed using breath samples. Upon notification that an alcohol test is required, an employee will report for alcohol testing and provide a breath specimen. The time allowed for employees to report for alcohol testing after receiving notice will be travel time. C. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR Part 40. 8.2 Testing Sites (for alcohol breath tests). The testing site for this program is listed in Appendix C. The site will comply with all methods and procedures of 49 CFR Part 40 and will provide required reports. The testing site, acting as the City's agent, will document compliance with all requirements of 49 CFR Part 40 regarding EBT quality assurance. 8.3 Screening Tests. Alcohol screening tests will be conducted in accordance with the following procedures: a. Only evidential breath testing devices (EBTs) will be used. b. The Breath Alcohol Technician (BAT) and the employee will complete sections one and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If the CDL Policy Rev. March 2010 employee refuses to sign this certification, the employee will be considered to have refused to take the alcohol test. C. An individually - sealed mouthpiece will be opened in front of the employee and the BAT and will be attached to the EBT. The BAT will tell the employee to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. d. If the result of the test is an alcohol concentration of less than .02, the BAT will date and sign the certification in Step 3 of the Breath Alcohol Testing Form. The employee will sign the certification and fill in the date in Step 4 of the form. If the employee does not sign Step 4 of the form, the BAT will note such failure in the "Remarks" section of the form. The employee's failure to sign Step 4 of the form does not constitute a refusal to be tested. e. If a test result printed by the EBT does not match the result displayed on the EBT, the BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing Form. Both the employee and the BAT will initial the notation. In such a case, the test is invalid and the BAT will inform the City and the employee that the test is invalid: An invalid test is neither a positive nor a negative test. If the test result is an alcohol concentration of less than .02, no further testing is autho- rized for that particular test session. The Breath Alcohol Technician will transmit the results to the DER in a confidential manner and the DER will store the test results. 8.4 Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater, another alcohol test will be completed to confirm the results. The confirmation test will be administered as follows: Waiting Period The BAT will wait at least 15 minutes, but no longer than 20 minutes, (FTA 30 minutes) after the completion of the initial test before administering the confirmation test. 2. The BAT will instruct the employee not to eat, drink, put any object or substance in his or her mouth, and not to belch during the waiting period before the confirmation test. The BAT will explain to the employee that the reason for the waiting period and the restrictions on the employee's activities during that time is for the employee's benefit to prevent any accumulation of mouth alcohol leading to an artificially high reading. 4. The BAT will also explain to the employee that the test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction regarding the limitation of activities during the waiting period. 5. If the BAT becomes aware that the employee has not complied with the waiting period instruction, the BAT will so note in the "Remarks" section of the Breath Alcohol Testing Form. CDL Policy 1 -12 Rev. March 2010 b. A new mouthpiece will be used for the confirmation test and the same procedures will be used for administering the test as were used in administering the initial test. C. If the initial and confirmation test results are not the same, the confirmation test result is considered to be the final result upon which any action in regard to the employee wi I I be based. 8.5 Problems With Testing. The following is a list of procedures to be followed in the event of testing problems: a. Refusals to test and uncompleted tests Refusal by an employee to complete and sign the Breath Alcohol Testing Form Step 2, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test, will be noted by the BAT in the "Remarks" section of the Breath Alcohol Testing Form. The BAT will end the testing process and will immediately notify the DER. 2. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT will, if practicable, begin a new test using a new Breath Alcohol Testing Form. 3. If the employee refuses to cooperate with the collection process, the collection site person will inform the DER and will document the non - cooperation on the drug testing custody and control form. b. Inability of Employee to provide an adequate amount of breath If an employee claims an inability, because of a medical condition, to provide an amount of breath sufficient to complete a breath test, the following procedures will be foI lowed: Breath Alcohol Technician (a) The BAT will tell the employee to try to provide an adequate amount of breath. If the employee refuses to make the attempt, the BAT will immediately inform the DER. (b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the "Remarks" section of the Breath Alcohol Testing Form and immediately inform the DER. 2. City (a) The DER will tell the employee to obtain, as soon as practical after the attempted provision of breath! evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. (b) If the physician determines as a reasonable medical judgment that a medical condition has prevented the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will not be considered a refusal to take the test. CDL Policy 1 -13 Rev. March 2010 (c) If the physician is unable to determine that a medical condition has prevented the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will be considered a refusal to take the test subject to disciplinary action. (d) The physician will provide the employer a written statement of the basis for the physician's conclusion. 8.6 Breath Alcohol Technician (BAT). BATs under this program shall meet all requirements of 49 CFR Part 40. The BAT will transmit all test results to the DER in a confidential manner. If the results require the City to prevent the employee from performing a safety- sensitive function the BAT will ensure the results are transmitted immediately. Such transmission may be in writing, in person, by phone or electronically. If the initial transmission of test results is not in writing, the BAT will follow the initial transmission by providing the DER with a copy of the Breath Alcohol Testing Form. 8.7 Employer Responsibilities. The City will designate one or more designated employer representatives (DER) for the purpose of receiving and handling alcohol testing results in a confidential manner. All communications by BATs concerning alcohol test results will be to a DER. The DER and alternates are listed in Appendix C. SECTION 9. INFORMATION AND EDUCATION Every employee covered by this program will receive a copy of this policy at the time of hire. Drug or alcohol counseling and /or rehabilitation is available for permanent employees through the Employee Assistance Program listed in Appendix E; information about such assistance is also displayed in the work area. Additional information is available through the agencies listed in Appendix E. SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT 10.1 Employees Engaged In Prohibited Drug or Alcohol Use. An employee who has engaged in prohibited conduct (as listed in Section 5.1) will be: a. Immediately removed from the performance of safety- sensitive functions. b. Advised by the City of resources available to the employee in evaluating and resolv- ing drug or alcohol abuse problems including name, address, and phone number of substance abuse professionals (SAP), see Appendix D. C. Evaluated by a SAP to determine what treatment is necessary and follow all recommendations of the SAP. If the levels of drugs do not decrease in a timely manner the SAP will report this to the DER and the employee will be subject to disciplinary action. d. Subject to return -to -duty drug and alcohol tests. The SAP will notify the City when the employee is ready to take a return -to -duty test. For drugs, the employee must have a negative test result before being allowed to perform safety- sensitive functions. For alcohol, the employee must have a test result of less than .02 before being allowed to CDL Policy 1 -14 Rev. March 2010 perform safety- sensitive functions. A positive on a return -to -duty test will be considered a second positive and subject to disciplinary action. 10.2 Employees Completing Treatment. An employee completing treatment will be: a. Evaluated by a substance abuse professional (SAP) to determine that the employee has successfully completed the treatment program; b. Subject to unannounced follow -up drug or alcohol tests under the following guide- lines: 1. The number and frequency of follow -up tests will be determined by a SAP and will consist of at a minimum of six tests in the first twelve months; 2. The City will direct the employee to undergo follow -up drug or alcohol tests as determined by the SAP; 3. The SAP may require testing beyond the first twelve months, however, follow -up testing will not exceed 60 months from the date of the employee's return -to -duty; and 4. The SAP may end testing after the first six tests if they determine that such tests are no longer necessary. 10.3 Testing, Evaluation and Treatment Costs. The following shall apply to evaluation and treat- ment services provided under this program: a. Evaluation and rehabilitation must be performed by a substance abuse professional (SAP); see Appendix D. The cost of evaluation by the SAP is the responsibility of the employee. The cost of any required treatment is also the responsibility of the employee. b. The cost of drug and alcohol tests will be paid by the City for pre - employment, post - accident, random and reasonable suspicion tests. If an employee requires return -to- duty or follow -up testing, such costs shall be paid by the employee. C. Sick leave accrual or other applicable accruals may be used for work time spent in required counseling sessions if satisfactory documentation of attendance is provided. Sick leave may not be used for time away from work for a SAP evaluation or while an employee is waiting to take a return -to -duty test. 10.4 Scope. The policies governing the referral, evaluation and treatment of individuals do not apply to applicants who refuse to submit to pre - employment tests or to applicants having a verified positive pre - employment drug test result. CDL Policy 1 -15 Rev. March 2010 SECTION 11. CONSEQUENCES OF A DRUG OR ALCOHOL POSITIVE TEST 11.1 Permanent Employees. a. Violations of this policy resulting in personal injury, injury to another employee or member of the public or violations resulting in damage to public or private property may result in termination on the first offense. b. Drug Test. Except for cases involving injury or damage to property, the first time that a drug test is reported by the MRO as a positive test the employee will be referred to a Substance Abuse Professional (SAP) for an evaluation and treatment recommendation. The employee may not return to work until they have completed the treatment program recommended by the SAP and have successfully passed a return -to -duty drug test. During this period of time the employee will be required to use applicable accruals. If an employee runs out of applicable accruals before they are released to return to work they may request an unpaid leave of absence (subject to terms and conditions of the City Personnel Policies, applicable Collective Bargaining Agreement or applicable City policy) for a limited time until the employee has successfully completed the recommended treatment program. In either case, an employee who cannot be at work and perform assigned duties will receive disciplinary action in the form of a written warning for inability to perform their assigned duties. If an employee fails to contact/meet with a Substance Abuse Professional (SAP) or fails to communicate with-the employer's representative as directed, continues to use a controlled substance while being treated by a SAP or fails to comply with the recommended treatment the employee will be subject to disciplinary action up to and including discharge. It is expected that the amount of a controlled substance will decrease on subsequent tests given under the direction of the SAP. Following return to work, the second time an employee cannot perform their assigned duties because they test positive for illegal drugs or have an alcohol concentration of .02 or greater the employee will be terminated. If an employee is tested for drugs as a result of reasonable suspicion, the employee will be sent home following the test. If the test results are positive, the employee will be charged with use of applicable accruals for this time and will be subject to the gui- delines and discipline described above. If the tests results are negative, the employee will be paid for time spent awaiting the results of the test and no accruals will be used. C. Alcohol Test. An employee who tests positive for alcohol by having an alcohol concentration of .04 or greater will be subject to the same guidelines listed above for positive drug tests. An employee who has an alcohol concentration of .02 (or greater) but less than .04 will be sent home and not allowed to return to work until the appropriate time has passed per the regulations (8 hours for FTA, 24 hours for FMCSA). While at home the employee will be required to use applicable accruals. CDL Policy 1 -16 Rev. March 2010 Any employee who is unable to perform their assigned duties will receive disciplinary action in the form of a written warning the first time. Following return to work, the second time an employee cannot perform their assigned duties because they have an alcohol concentration of .02 or greater or they test positive for drugs, the employee will be terminated. 11.2 Temporary /Seasonal Employees. If a temporary/seasonal employee has a reported positive drug test their employment will be terminated immediately. Per City of Iowa City policy, if a temporary /seasonal employee has a reported alcohol concentration of .02 or greater, this will also be cause to terminate employment immediately. SECTION 12. RECORDKEEPING AND ACCESS TO FACILITIES AND RECORDS The City agrees to maintain all records in accordance with 49 CFR Part 40, Part 382, and Part 655. The City will not release employee information that is contained in drug or alcohol program records except as required by law or expressly authorized by the employee. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of drugs or alcohol, including any test records. The City will give these records to the employee and will not make access to the records contingent upon payment for records other than those specifically requested. The City will release information regarding an employee's records as directed by the specific, written consent of the employee authorizing the release of the information to an identified person and only in accordance with the terms of the employee's consent. The City may provide information to an employee or decision maker when a grievance or other proceeding has been initiated by or on behalf of the employee which arises from the results of a drug or alcohol test given by the City, or from the City's determination that the employee engaged in prohibited conduct. Such proceedings may pertain, but are not limited, to workers compensation, unemployment compensation or other benefits sought by the employee. The City will provide records to subsequent employers upon written request from an employee or former employee and only as expressly authorized by the terms of the employee or former employee's request. A copy of 49 CFR Part 40, Part 382, and Part 655 is on file and available for review in the office of the DER (see Appendix C.). They are also available on the internet: 49 CFR Part 40 — http: // transit- safety.volpe.dot.gov/ safety /datesting /regulations /pdf /49cfr40.pdf 49 CFR Part 382 — http://www.fmcsa. dot. gov /ru/esregs/fmcsr/regs/382,htm 49 CFR Part 655 — http: // transit - safety.volpe.dot.gov / safety /datesting /regulations /pdf /49cfr655.pdf CDL Policy 1 -17 Rev. March 2010 APPENDIX A THE CITY OF IOWA CITY Substance Abuse Policy 1.0 POLICY The City of Iowa City is dedicated to providing safe, dependable, and economical services to our citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek profes- sional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2.0 PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited drugs while balancing respect for individual privacy. This policy is also intended to comply with all applicable Federal regulations governing workplace anti -drug and alcohol programs, including the federal Drug Free Workplace Act of 1988. 3.0 APPLICABILITY This policy applies to all City employees including volunteers, contract employees and contractors when they are on City property or when performing any City - related business. This policy applies to off -site lunch periods or breaks when an employee is scheduled to return to work. Compliance with the terms and requirements of this policy is a condition of employment for all employees. Nothing herein relieves employees subject to the City of Iowa City Commercial Driver's License Policy of their responsibilities under the Commercial Driver's License Policy. 4.0 PROHIBITED SUBSTANCES /BEHAVIORS 4.1 Illegally Used Controlled Substances or Drugs Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Substance Abuse Policy Rev. March 2010 Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally obtained prescription drugs. 4.2 Misuse /Abuse of Legal Drugs The appropriate use of legally prescribed drugs and over - the - counter medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought by the employee, as appropriate, before performing work - related duties. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be carried in their original container with a label which includes the patient's name, the name of the substance, quantity /amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing City business is prohibited. The City reserves the right to take appropriate action (including relieving the employee from work) if the use of a prescribed or over - the - counter medication is impairing or is deemed likely to impair the employee's faculties or work performance. 4.3 Alcohol City employees are prohibited from consuming alcoholic beverages and from possessing containers of alcoholic beverages with a broken seal while on City premises or on duty. 5.0 PROHIBITED CONDUCT 5.1 Manufacture, Trafficking, Possession, and Use City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on City premises, in City vehicles, in uniform, or while on City business, or from reporting to work following use of a prohibited substance. Employees who violate this provision will be subject to disciplinary action up to and including termination of employment. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.2 Alcohol Use No employee shall report for duty or remain on duty when his /her ability to perform assigned duties is impaired by alcohol. No employee shall use alcohol while on duty, or during the hours that they are on call. City employees are prohibited from consuming alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited and subject to disciplinary action up to and including termination of employment. 5.3 Treatment The City recognizes that drug dependency is an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety and security problem. All employees are encouraged to use the Employee Assistance Program (EAP) for treatment of drug or alcohol misuse and /or illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with City requirements for treatment, after care, or return to duty shall be Substance Abuse Policy Rev. March 2010 subject to disciplinary action, up to and including termination of employment. Employees will be allowed to use accumulated sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program. The EAP provides a constructive way for employees to deal with alcohol or drug - related problems before they interfere with continued employment. However, an employee must continue to comply with City policies, meet attendance, job performance, and safe and sober behavior standards. 5.4 Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any criminal drug statute conviction for a violation occurring in the workplace or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinary action and /or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinary action, up to and including termination of employment. 5.5 Proper Application of the Policy The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination of employment. 6.0 TESTING PROCEDURES 6.1 Pre - Employment Drug Testing All applicants for positions covered by Federal regulations governing workplace anti -drug and alcohol programs shall undergo urine drug testing following an offer of employment. Receipt by the City of a negative drug test result is required prior to employment. Failure of a pre- employment drug test will disqualify an applicant for employment for a period of one year. City employees not currently in a position covered by Federal regulations governing workplace anti -drug and alcohol programs who apply for a position covered by said Federal regulations must pass a urine drug test following the offer of a transfer into a position covered by Federal regulations governing workplace anti -drug and alcohol programs. 6.2 Unfit for Duty /Impaired Employees are expected and required to report to work on time in an appropriate mental and physical condition. Any employee who is reasonably suspected of being impaired, under the influence of a prohibited substance, or not fit for duty shall be relieved of job duties pending an investigation and verification of condition. Employees found to be impaired prohibited substances or employees who fail to pass a drug or alcohol test administered under federal or state regulations shall be removed from duty and be subject to disciplinary action, up to and including termination of employment. 6.3 Reasonable Suspicion Testing The City reserves the right to test employees when there is reasonable suspicion that their work performance or on- the -job behavior has been affected in any way by drugs or alcohol. Substance Abuse Policy Rev. March 2010 Reasonable suspicion testing is drug or alcohol testing based upon the evidence that an employee is using or has used alcohol or other drugs in violation of this policy. This evidence is drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in the light of experience. For the purposes of this policy and procedure, facts and inferences may be based upon, but not limited to, any of the following: 1. Direct observation of alcohol or drug use or abuse. 2. Physical symptoms or manifestations of being impaired while at work due to alcohol or other drug use such, but not limited to, the smell of alcoholic beverages or drugs emanating from the individual, reddened eyes, dilated or constricted pupils, flushed or pale complexion, extensive sweating or skin clamminess, unfocused /blank stare, disheveled clothing, unkept grooming, runny or bleeding nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or nystagmus (involuntary jerky eye movement) deterioration of work performance, errors and irregularities in work performance. 3. Unexplained changes in behavior or personality such as, but not limited to, hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a lackadaisical attitude. 4. Unexplained changes in speech such as, but not limited to, slurred /slowed, loud /boisterous, quiet/whispering, incoherent/nonsensical, repetitious /rambling, clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation or cursing /inappropriate speech. 5. A report of alcohol or other drug use while at work provided by a reliable and credible source. 6.. Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred illicit drugs or consumed alcoholic beverages while at work for the City, or while operating City vehicles, machinery or equipment. 6.4 Post Accident Testing. The City reserves the right to test employees for drugs and alcohol after a work - related accident when one or more of the following conditions are present: ➢ a fatality in which a City employee was involved; ➢ any individual suffers bodily injury known at the time of the accident; ➢ one or more vehicles incur disabling damage and require towing /removal from the scene; ➢ the accident results in cumulative property damage of $5,000 or greater as reasonably estimated at the time of the accident;* or ➢ the City employee receives a citation for a moving violation.* If none of the above conditions are present, and the employee involved in the accident would like to be tested voluntarily for drugs and alcohol, the employee may submit to testing at the City's expense. Following an accident, the employee will be tested as soon as possible, but not to exceed eight (8) hours for alcohol and thirty -two (32) hours for drugs. An employee subject to post- accident testing shall remain readily available or may be deemed by the employer to have refused to submit to testing. *Employees subject to FTA guidelines are subject to the 6.2 post- accident testing section of the CDL Policy. Substance Abuse Policy Rev. March 2010 6.5 Refuse to Test. Refuse to submit to an alcohol or drug test. Refusal to test is classified as a positive test and subject to the consequences of a positive test. Refusal to test includes, but is not limited to, such behavior as: • Failure to report in a timely manner to a collection site (except for a pre - employment test). Once notified an employee is to immediately go directly to the testing site. • Failure to remain at the testing site until the testing process is complete (except for a pre - employment test). • Failure to provide a urine specimen for any drug test required by this part or DOT agency regulations (except for a pre - employment test). • In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of your provision of a specimen. • Failure to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. • Failure or decline to take a second test the City or collector has directed you to take. • Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the City as part of the procedures for situations in which an employee does not provide a sufficient amount of urine to permit a drug test. In the case of a pre - employment drug test, the employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment. If there was no contingent offer of employee, the MRO will cancel the test; or • Failure to cooperate with any part of the testing process (e.g., refusal to empty pockets when so directed by the collector, behaving in a confrontational way that disrupts the collection process) or verbal or written refusal to provide a required urine /breath specimen. • For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there are any types of prosthetic or other devices that could be used to interfere with the collection process. • Possess or wear a prosthetic or other device that could be used to interfere with the collection process. • Admit to the collector or MRO that the specimen was adulterated or substituted. • The refusal to take a non -DOT drug or alcohol test or sign a non -DOT form is not a refusal to take a DOT test. • Failure to sign the certification at Step 2 of the Alcohol Test Form Substance Abuse Policy Rev. March 2010 7.0 CONSEQUENCES FOR POLICY VIOLATIONS Violations of this policy resulting in personal injury, injury to another employee or member of the public or violations resulting in damage to public or private property may result in termination on the first offense. 7.1 Positive Test Results. An employee who is in his /her initial probationary period and receives a positive drug and /or alcohol test result will have his /her employment terminated. A non - probationary employee's first confirmed positive drug or alcohol test will result in a requirement that the employee be evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure to comply with the treatment plan will result in termination of employment. 7.2 Second Positive Test Results. If an employee who has previously tested positive under the City's drug or alcohol testing program tests positive on a second occasion, the employee will be terminated. 7.3 Refusal Consequences An employee who refuses to submit to a reasonable suspicion or post- accident drug /alcohol test will be treated as if the employee had a positive test result. The employee shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action up to and including termination of employment. 7.4 Follow -Up. Once returned to duty, employees may be required to undergo unannounced follow -up testing. Such testing will take place just before job duties are performed, during job duties, or just after the employee performed job duties. The frequency and duration of the follow -up testing will be recommended by the EAP counselor or treating entity. 7.5 Invalid Drug Tests. The result of a urine drug test is considered invalid if it contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. 7.6 Violations Violations of this policy will result in disciplinary action, up to and including termination of employment. / "I Dale Helling, r g ity Mana 7//d j0 Date Substance Abuse Policy Rev. March 2010 Appendix B DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SAFETY SENSITIVE POSITIONS 49 CFR, Part 382 EQUIPMENT: Mechanic I Mechanic II Mechanic III — Days Mechanic III — Eve Shop Supervisor Equipment Superintendent CEMETERY: MW III — Cemetery FORESTRY: MW II — Forestry MW III — Forestry Sr. MW — Forestry CBD: MW II — CBD PARKS: MW II — Parks MW III — Parks Sr. MW — Parks Sr. MW — Turfgrass Parks & Forestry Superintendent WASTEWATER: Electrician — WW Electronics Technician - WW Maintenance Operator — WW MW I — WW Treatment MW II — WW Treatment MW III — WW Treatment Sr. MW — WW Collection Sr. MW — WW Plant Sr. TPO — WW TPO — WW LANDFILL: Landfill — Operator MW III — Landfill Sr. MW — Landfill Asst. Landfill Supt. SOLID WASTE: MW I — Refuse MW II — Refuse MW III — Refuse Asst. Solid Waste Superintendent STREETS: MW I — Streets MW II — Signs MW II — Streets MW III — Streets Sr. MW — Streets Asst. Streets Superintendent Streets Superintendent TRAFFIC ENGINEERING: Electrician — TE Electronics Tech — TE WATER: Maintenance Operator — Water MW I Customer Service MW II Water Service MW III Water Service Sr. MW — Water Plant Sr. TPO — Water Utilities Technician — Water WATER DISTRIBUTION: MW II — Distribution MWIII — Distribution Sr. MW — Distribution49 CFR, Part 655 TRANSIT: Body Repair Mechanic Mass Transit Operator Mechanic II - Transit Mechanic III -Transit MW II —Transit Transportation Services Operations Supervisor Transportation Services Director Transportation Services Assistant Director All employees working in temporary positions requiring a CDL CDL Policy Rev. March 2010 Appendix C DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM CONTACT NAMES DESIGNATED EMPLOYER REPRESENTATIVE (DER) Personnel Administrator 410 E. Washington Street Iowa city, IA 52240 (319) 356 -5025 (319) 356 -5027 (FAX) Alternate (if Personnel Administrator is not available) Personnel Generalist 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5028 (319) 356 -5027 (FAX) COLLECTION SITE FOR DRUG AND ALCOHOL TESTS Mercy Occupational Health or successor 540 E. Jefferson Street Iowa City, IA 52240 Alternate site (if Occupational Health is not open) Mercy Hospital Emergency Room or successor 500 E. Jefferson Street. Iowa City, IA 52240 (Emergency Room entrance is on Bloomington Street) DRUG TESTING LABORATORY Quest Lab or successor 8915 Lenexa Drive Overland Park, KS 66214 MEDICAL REVIEW OFFICERS (MRO) Theadore A. Koerner, M.D. or successor Mercy Occupational Health 540 E. Jefferson, Suite 205 Iowa City, IA 52240 CDL Policy Rev. March 2010 Appendix D DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SUBSTANCE ABUSE PROFESSIONALS (SAP) Synchrony Employee Assistance Program 438 Southgate Avenue Iowa City, IA 52240 (319) 351 -9072 Employee and Family Resources Substance Abuse Services 5055 1h Avenue, Suite 600 Des Moines, IA 50309 (515) 2434200 Anchorpoint Counseling and Consultation 642 10`h St. Marion, IA 52302 (319) 377 -0480 CDL Policy Rev. March 2010 Appendix E DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SUPPORT GROUPS AND RESOURCES City of Iowa City Employee Assistance Program — 351 -9072 AI- Anon /Alateen — 338 -9111 Alcoholics Anonymous — 338 -9111 (answered 24 hrs.) Crisis Center — 351 -0140 (Crisis Line) — 351 -2726 (Business Line) Dept. of Veterans Affairs Medical Center — 338 -0581 Dept. of Veterans Affairs Medical Center, Outpatient Substance Abuse Treatment Program — 338 -0581, x5447 Dept. of Veterans Affairs Medical Center, Psychiatric Unit — 338 -0581, x5409 Iowa Substance Abuse Information Center — (319) 398 -5133 Mental Health Institute (Chemical Dependency) (319) 385 -7231 Mid - Eastern Council on Chemical Abuse (MECCA) 3514357 Mid - Eastern Iowa Community Mental Health Center - 338 -7884 Narcotics Anonymous — 338 -6704 Sedlacek Treatment Center (Substance Abuse) — (319) 398 -6226 Chemical Dependency Services; University of Iowa Hospitals and Clinics - 384 -8765 TOLL FREE NUMBERS Alcohol Abuse — 1- 800 - 344 -2666 Alcohol and Drug Information Referral Line — 1- 800 - 252 -6465 American Council on Alcoholism Hot Line — 1- 800 - 356 -9996 Center for Substance Abuse Treatment — 1- 800 - 662 -4357 Mothers Against Drunk Driving (MADD) — 1- 800438 -6233 National Cocaine Hot Line — 1- 800 - 262 -2463 National Institute on Drug Abuse Hot Line — 1- 800 - 662 -HELP (4357) Substance Abuse Information Center — 1- 800 - 247 -0614 CDL Policy Rev. March 2010 Appendix F FEDERAL DRUG TESTING CUSTODY AND CONTROL FORM (IIIIII iI 1IIII I II IIIIII (III III SPECIMEN ID NO. 1 234567 LAS ACCESSION NO. STEP 1: COMPLETED BY COLLECTOR OK A. Employer Name, Address, I.D. No. C. Donor SSN or Employee I.D. No B. MRO Name, Address, Phone and Fax No. D. Reason for Test: ❑ Pre - employment ❑ Random ❑ Reasonable Suspicion /Cause ❑ Post Accident ❑ Return to Duty Follow -up ❑ Other (specify) E. Drug Tests to be Performed: ]THC, COC, PCP, OPI, AMP ❑THC & COC Only ❑ Other (specify) F. Collection Site Address: Collector Phone No Collector Fax No STEP 2: COMPLETED BY COLLECTOR Read specimen temperature within 4 minutes. Is temperature between 901 and 100° F? I, Yes ❑ No, Enter Remark Specimen Collection: ❑ Split ❑ Single ❑ None Provided (Enter Remark) El Observed (Enter Remark) REMARKS STEP 3: Collector affixes bottle seal(s) to Daniels). uonector sates seags). uunur nnunia srnysl, u — ­P­­ � 11, — Fy t ^ •� rrr STEP 4: CHAIN OF CUSTODY - INITIAI W hSY t;L)LLIzt IVK ANU wmrLc I eu P! LrtovrvirvMT I certify that the specimen given to me by the donor identified in the certification section on Copy 2 of this form was collected, labeled, seated and released to the Delivery Service noted in accordance with applicable Federal requirements. AM SPECIMEN BOTTLES) RELEASED TO: X PM Signature of Collector Time of Collecdon , (PRINT) Collects Name (First, MI, Last) Date (Mo,/Day/Yr,) ► Name of Delivery Service Transferring Specimen to Lab RECEIVED AT LAB: Primary Specimen SPECIMEN BOTTLE(S) RELEASED TO: X Bottle Seal Intact Signature of Amessioner C!'kS (PRINT) Accessloners Name (First, MI, Last) Da (Mo.IDay/Yr.) ❑ No, Enter Remark Below :TFP - rnMPI FT;=n RV nr)NnR I certify that 1 provided my urine specimen to the collector; that 1 have not adulterated it in any manner; each specimen bottle used was sealed with a tamper - evident seal in my presence: and that the information provided on this form and on the label affixed to each specimen bottle is correct. X Signature of Donor (PRINT) Donors Name (First, MI, Last) Date (Mo, / Day / Yr.) Daytime Phone No. ( ) Evening Phone No. ( ) Date of Birth Mo. Day Yr. Should the results of the laboratory tests for the specimen identified by this form be confirmed positive, the Medical Review Officer will contact you to ask about prescriptions and over- the - counter medications you may have taken. Therefore, you may want to make a list of those medications for your own records. THIS LIST IS NOT NECESSARY. If you choose to make a list, do so either on a separate piece of paper or on the back of your copy (Copy 5). —DO NOT PROVIDE THIS INFORMATION ON THE BACK OF ANY OTHER COPY OF THE FORM. TAKE COPY 5 WITH YOU. cTFP a• CnMPI FTFn RY MFnICAI_ REVIEW OFFICER - PRIMARY SPECIMEN In accordance with applicable Federal requirements, my determination /verification is: ❑ NEGATIVE ❑ POSITIVE El TEST CANCELLED ❑ REFUSAL TO TEST BECAUSE: ❑DILUTE CIADULTERATED 0, SUBSTITUTED REMARKS Signature of Medical Review Officer (PRINT) Medical Review Officer's Name (First, M1, Last) Date (Mo. /DayfYr.) ;TEP 7: COMPLETED BY MEDICAL REVIEW OFFICER - SPLIT SPECIMEN In accordance with applicable Federal requirements, my determination /verification for the split specimen (if tested) is: ❑ RECONFIRMED C FAILED TO RECONFIRM - REASON X Signature of Medical Review Officer (PRINT) Medical Review Officers Name (First, MI, Last) Date (Mo.IDayNr.) COPY 2 - MEDICAL REVIEW OFFICER COPY CDL Policy Rev. March 2010 Appendix G U.S. Department of Transportation (DOT) Alcohol Testing Form (The instructions for completing this form are on the back of Copy 3) Step 1: TO BE COMPLETED BY ALCOHOL TECHNICIAN A: Employee Namc_ (Print) (First, M.L, Last) B: SSN or Employee ID No. C: Employer Name Street City, ST ZIP DER Name and Telephone No. DER Name DER Phone Number D• Reason for Test: _ Random 7 Reasonable Susp D Post - Accident - Return to Duty CFollow -up ❑Re -employment STEP 2: TO BE COMPLETED BY EMPLOYEE I certify that I am about to submit to alcohol testing required by US Department of Transportation regulations and that the identifying information provided on the form is true and correct. Signatu of Employee Date Moat6 Day Year re STEP 3: TO BE COMPLETED BY ALCOHOL TECHN'IC:IAN (If the technician conducting the screening test is not the same technician who will be conducting die confi rmationtest, each technician must complete their own form.) I certify that I have conducted alcohol testing on the above named individual in accordance with the procedures established in the US Department of Transportation regulation,49 CFRPatt 40, that I am qualified to operate the testing device(s) identified, and that the results are as recorded. TECHNICIAN: BAT -- STT DEVICE: ❑ SALIVA BREATH* 15- Minute Wait: =Yes No SCREENS NG TEST: (For BREATH DEVICE* write in the space below only if'the testing device is not designed to Tint. est esting Device Name evice 'eria R of ap ate Activation Lime —Re—a -(Ting Time Refit CONFIRMATION TEST: Results MUST be affixed to each copy of this farm or, printed directly onto the form: REMARKS: Alcohol Technician's Company Company Street Address (PRINT) Alcohol Technician's Name (First, M.I., Last) Company City, State, Zip Phone Number Signature of Alcohol Technician Date Month nay Year STEP 4: TO BE COMPLETED BY EMPLOYEE IF TEST RESULT IS 0.02 OR HIGHER I certify that I have submitted to the alcohol test, the results of which are accurately recorded on this form. Iundetstand that I must not drive, perform safety - sensitive duties, or operate heavy equipment because the results are 0.02orgreater. Signature of Employee Date Month Day Year OMB No. 2105 -0529 COPY 1— ORIGINAL — FORWARD TO THE EMPLOYER CDL Policy Rev. March 2010 ------------------- Afftx Or Print Screening Results Here Aff- With Tamper Evident Tap, i ! i i ----------------- Affix Or Print Confirmation Results ! Here i i Affix With Tamper Evident Tape i i A[Mr i Or 1 Print ; Additional Results ; Here i Affix With Tamper Evident i Tape i i i i Appendix H Substance Abuse Prevention Program For Drugs and Alcohol Fact Sheets Drug Detection Periods Detection periods vary; rates of metabolism and excretion are different for each drug and use. Detection periods should be viewed as estimates. Cases can always be found to contradict these approximations. Drug Detection Period Alcohol 12 -24 hours Amphetamines Amphetamine 2 -4 days Methamphetamine 2 -4 days Cocaine Benzoylecgonine 12 -72 hours Cannabinoids (Marijuana) Casual Use 2 -7 days Chronic Use Up to 30 days Opiates Codeine 2 -4 days Hydromorphone (Dilaudid) 2 -4 days Morphine for Heroin 2 -4 days Phencyclidine (PCP) Casual Use 2 -7 days Chronic Use Up to 30 days CDL Policy Rev. March 2010 Alcohol Fact Sheet Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation dur- ing social gatherings. However, when consumed primarily for its physical and mood - altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions. Signs and Symptoms of Use • Dulled mental processes • Lack of coordination • Odor of alcohol on breath • Possible constricted pupils • Sleepy or stuporous condition • Slowed reaction rate • Slurred speech (Note: Except for the odor, these are general signs and symptoms of any depressant substance.) Health Effects The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards: • Decreased sexual functioning • Dependency (up to 10 percent of all people who drink alcohol become physically and/or men- tally dependent on alcohol and can be termed "alcoholic ") • Fatal liver diseases • Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma • Kidney disease • Pancreatitis • Spontaneous abortion and neonatal mortality • Ulcers • Birth defects (up to 54 percent of all birth defects are alcohol related) Social Issues • Two- thirds of all homicides are committed by people who drink prior to the crime. • Two to three percent of the driving population is legally drunk at any one time. This rate is dou- bled at night and on weekends. CDL Policy Rev. March 2010 • Two- thirds of all Americans will be involved in an alcohol- related vehicle accident during their lifetimes. • The rate of separation and divorce in families with alcohol dependency problems is 7 times the average. • Forty percent of family court cases are alcohol problem related. • Alcoholics are 15 times more likely to commit suicide than are other segments of the population. • More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. The Annual Toll • 24,000 people will die on the nation's highways due to the legally impaired driver. • 12,000 more will die on the nation's highways due to the alcohol - affected driver. • 15,800 will die in non - highway accidents. . • 30,000 will die due to alcohol- caused liver disease. • 10,000 will die due to alcohol- induced brain disease or suicide. • Up to another 125,000 will die due to alcohol - related conditions or accidents. Workplace Issues • It takes one hour for the average person (150 pounds) to process one serving of an alcoholic bev- erage from the body. • Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. • A person who is legally intoxicated is 6 times more likely to have an accident than a sober per- son. CDL Policy Rev. March 2010 Amphetamine Fact Sheet Amphetamines are central nervous system stimulants that speed up the mind and body. The physical sense of energy at lower doses and the mental exhilaration at higher doses are the reasons for their abuse. Al- though widely prescribed at one time for weight reduction and mood elevation, the legal use of amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely manufactured in crude laborato- ries. Description • Amphetamine is sold in counterfeit capsules or as white, flat, double- scored "mini - beanies." It is usu- ally taken by mouth. • Methamphetamine is often sold as a creamy white and granular powder or in lumps, and is packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be taken orally, injected, or snorted into the nose. • Trade /street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin, Speed, Meth, Crank, Crystal, Monster, Black Beauties, and Rits. Signs and Symptoms of Use • Hyperexcitability, restlessness • Dilated pupils • Increased heart rate and blood pressure • Heart palpitations and irregular beats • Profuse sweating • Rapid respiration • Confusion • Panic talkativeness • Inability to concentrate • Heightened aggressive behavior Health Effects • Regular use produces strong psychological dependence and increasing tolerance to the drug. • High doses may cause toxic psychosis resembling schizophrenia. • Intoxication may induce a heart attack or stroke due to spiking of blood pressure. • Chronic use may cause heart and brain damage'due to severe constriction of capillary blood vessels. • The euphoric stimulation increases impulsive and risk - taking behaviors, including bizarre and violent acts. • Withdrawal from the drug may result in severe physical and mental depression. Workplace Issues • Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness because of unusual overtime demands or failure to get rest. • Low -dose amphetamine use will cause a short-term improvement in mental and physical func- tioning. With greater use or increasing fatigue, the effect reverses and has an impairing effect. Hangover effect is characterized by physical fatigue and depression, which may make operation of equipment or vehicles dangerous. CDL Policy Rev. March 2010 Cocaine Fact Sheet Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation. Description . • The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of northern South America. • Cocaine Hydrochloride - "snorting coke" is a white to creamy granular or lumpy powder that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or in- jected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per "line" (about 60 to 90 milligrams). Common paraphernalia include a single -edged razor blade and a small mir- ror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded paper packet containing the cocaine. • Cocaine Base - a small crystalline rock about the size of a small pebble. It boils at a low tem- perature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and the vapor is inhaled. The effect is felt within 7 seconds. Common paraphernalia includes a "crack pipe" (a small glass smoking device for vaporizing the crack crystal) and a lighter, alcohol lamp, or small butane torch for heating. • Trade /street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow. Signs and Symptoms of Use • Financial problems • Frequent and extended absences from meetings or work assignment • Increased physical activity and fatigue • Isolation and withdrawal from friends and normal activities • Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls • Unusual defensiveness, anxiety, agitation • Wide mood swings • Runny or irritated nose • Difficulty in concentration • Dilated pupils and visual impairment • Restlessness • Formication (sensation of bugs crawling on skin) • High blood pressure, heart palpitations, and irregular rhythm • Hallucinations • Hyperexcitability and overreaction to stimulus • Insomnia • Paranoia • Profuse sweating and dry mouth • Talkativeness CDL Policy Rev. March 2010 Health Effects • Research suggests that regular cocaine use may upset the chemical balance of the brain. As a re- sult, it may speed up the aging process by causing irreparable damage to critical nerve cells. The onset of nervous system illnesses such as Parkinson's disease could also occur. • Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure. In ad- dition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to ruptured vessels causing strokes or heart attacks. • Strong psychological dependency can occur with one "hit" of crack. Usually, mental dependency occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest mental dependency of any known drug. • Treatment success rates are lower than for other chemical dependencies. • Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is rapid. The fatal effects of an overdose are not usually reversible by medical intervention. The number of cocaine overdose deaths has tripled in the last 4 years. • Cocaine overdose was the second most common drug emergency in 1986 - up from 11 `h place in 1980. Workplace issues • Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction. • Lapses in attention and ignoring warning signals greatly increase the potential for accidents. • The high cost of cocaine frequently leads to workplace theft and/or dealing. • A developing paranoia and withdrawal create unpredictable and sometimes violent behavior. • Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed assign- ments. CDL Policy Rev. March 2010 Cannabinoids (Marijuana) Fact Sheet Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use mari- juana for the mildly tranquilizing and mood- and perception - altering effects it produces. Description • Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to light tan. The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly pointed end. Less prevalent, hashish is a compressed, sometimes tarlike substance ranging in color from.pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. It may also be sold in any oily liquid. • Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and in- cense. • Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are com- monly used. Smoking "bongs" (large bore pipes for inhaling large volumes of smoke) can easily be made from soft drink cans and toilet paper rolls. • Trade /street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold, Sin - semilla, Thai Sticks, Hash, and Hash Oil. Signs and Symptoms of Use • Reddened eyes (often masked by eyedrops) • Slowed speech • Distinctive odor on clothing • Lackadaisical "I don't care" attitude • Chronic fatigue and lack of motivation • Irritating cough, chronic sore throat Health Effects General • When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema - like conditions. • One joint causes the heart to race and be overworked. People with undiagnosed heart conditions are at risk. • Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious respiratory tract and sinus infections. • Marijuana smoking lowers the body's immune system response, making users more susceptible to infection. The U.S. government is actively researching a possible connection between mari- juana smoking and the activation of AIDS in positive human immunodeficiency virus (HIV) carriers. CDL Policy Rev. March 2010 Pregnancy Problems and Birth Defects • The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in marijuana concentrate in the ovaries and testes. • Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which can lead to temporary sterility. Occasionally, the onset of female sex characteristics including breast development occurs in heavy users. • Chronic smoking of marijuana in females causes a decrease in fertility and an increase in tes- tosterone. • Pregnant women who are chronic marijuana smokers have a higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life. • In test animals, THC causes birth defects, including malformations of the brain, spinal cord , forelimbs, and liver and water on the brain and spine. • Offspring of test animals who were exposed to marijuana have fewer chromosomes than nor- mal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are concluding that the use of marijuana by either or both parents, especially during pregnancy, leads to spe- cific birth defects of the infant's feet and hands. • One of the most common effects of prenatal cannabinoid exposure is underweight newborn ba- bies. • Fetal exposure may decrease visual functioning and causes other ophthalmic problems. Mental Function Regular use can cause the following effects: • Delayed decision - making • Diminished concentration • Impaired short-term memory, interfering with learning • Impaired signal detection (ability to detect a brief flash of light), a risk for users who are oper- ating machinery • Impaired tracking (the ability to follow a moving object with the eyes) and visual distance measurements • Erratic cognitive function • Distortions in time estimation • Long -term negative effects on mental function known as "acute brain syndrome," which is char- acterized by disorders in memory, cognitive function, sleep patterns, and physical conditions. CDL Policy Rev. March 2010 Acute Effects • Aggressive urges • Anxiety • Confusion • Fearfulness • Hallucinations • Heavy sedation • Immobility • Mental dependency • Panic • Paranoid reaction • Unpleasant distortions in body image Workplace Issues The active chemical, THC stores in body fat and slowly releases over time. Marijuana smoking has a long -term effect on performance. •. A 500 to 800 percent increase in THC concentration in the past several years makes smoking three to five joints a week today equivalent to 15 to 40 joints a week in 1978. • Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect, in- creasing the impairing effect of both the depressant and marijuana. CDL Policy Rev. March 2010 Opiates (Narcotics) Fact Sheet Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions, and when taken in large doses, cause a strong euphoric feeling. Description • Natural and natural derivatives - opium, morphine, codeine, and heroin. • Synthetics - meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Percodan) • May be taken in pill form, smoked, or injected, depending upon the type of narcotic used. • Trade /street names include Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and China White. Signs and Symptoms of Use • Mood changes • Impaired mental functioning and alertness • Constricted pupils • Depression and apathy • Impaired coordination • Physical fatigue and drowsiness • Nausea, vomiting, and constipation • Impaired respiration Health Effects • IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of needles. • Narcotics increase pain tolerance. As a result, people could more severely injure themselves or fail to seek medical attention after an accident due to the lack of pain sensitivity. • Narcotics' effects are multiplied when used in combination with other depressant drugs and alco- hol, causing increased risk for an overdose. Social Issues • There are over 500,000 heroin addicts in the United States most of whom are IV needle users. • An even greater number of medicinal narcotic - dependent persons obtain their narcotics through prescriptions. • Because of tolerance, there is an ever - increasing need for more narcotics to produce the same ef- fect. • Strong mental and physical dependency occurs. • The combination of tolerance and dependency creates an increasing financial burden for the user. Costs for heroin can reach hundreds of dollars a day. Workplace Issues • Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place the legitimate user and abuser at higher risk for an accident. • Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause impairment of physical and mental functions. CDL Policy Rev. March 2010 Phencyclidine (PCP) Fact Sheet Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects pre- vented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant and a hallu- cinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood - altering effects. Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to exci- tation and agitation. Larger doses may produce a coma -like condition with muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or physical chocks may cause a "freak out" in which the person has abnormal strength, extremely violent behavior, and an inability to speak or comprehend com- munication. Description • PCP is sold as a creamy, granular powder and is often packaged in one -inch square aluminum foil or folded paper "packets." • It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine, a local anesthetic, and sold as imitation cocaine. • Trade /street names include Angel Dust, Dust, and Hog. Signs and Symptoms of Use • Impaired coordination • Severe confusion and agitation • Extreme mood shifts • Muscle rigidity • Nystagmus (jerky eye movements) • Dilated pupils • Profuse sweating • Rapid heartbeat • Dizziness Health Effects • The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. • PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an overdose reaction. • Misdiagnosing the hallucinations as LSD induced, and then treating with Thorazine, can cause a fatal reaction. • Use can cause irreversible memory loss, personality changes, and thought disorders. • There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to 3 days and can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and dis- tance perception are common. The second phase, which does not always follow the first, is a toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The third phase is a drug- induced schizophrenia that may last a month or longer. The fourth phase is PCP - induced depression. Suicidal tendencies and mental dysfunction can last for months. Workplace Issues • PCP abuse is less common today than in recent years. It is also not generally used in a workplace setting because of the severe disorientation that occurs. CDL Policy Rev. March 2010 r CITY O F IOWA CITY 22 � , MEMORANDUM Date: July 6, 2010 To: City Council From: Karen Jennings, Personnel Administrator Re: Revised CDL and Substance Abuse Policy The City's Commercial Driver's License (CDL) Substance Abuse Prevention Program for Drugs and Alcohol and the Substance Abuse Policy have been revised following a review by the Federal Transit Authority. The changes recommended and incorporated into the revised CDL policy include the following: • Clarification of behaviors that may constitute refusal to submit to random drug and /or alcohol testing • Requirement for pre - employment drug testing prior to return to work when an employee has been on a leave of absence that exceeds ninety days • Addition of fatality to the list of conditions that require post- accident drug and alcohol testing • Clarification that post- accident testing will not be conducted if the employee is unconscious or otherwise unable to consent to the test • Addition to language regarding the consequences of a positive drug or alcohol test stating that incidents resulting in injury or damage to private or public property may result in termination of employment on the first offense The changes recommended and incorporated into the revised Substance Abuse Policy (included as an appendix to the CDL policy) include the following: • Expansion and clarification of the description of conditions that may warrant reasonable suspicion drug and /or alcohol testing • Update of language regarding refusal to submit to drug and /or alcohol testing to mirror the CDL policy refusal to test language Please feel free to contact me with any questions. Thank you. Prepared by: Sarah Holecek, 1st Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. i n --i s i RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COMMERCIAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT SERVICES, LLC FOR THE LEASE AND OCCUPATION OF PROPERTY LOCATED AT SUITE 1067 HIGHWAY 6 EAST (PEPPERWOOD PLAZA), IOWA CITY, IOWA FOR THE PURPOSE OF INSTALLING AND OPERATING AN IOWA CITY POLICE DEPARTMENT SUBSTATION WHEREAS, the property manager of Pepperwood Plaza, Southgate Development Services, LLC, and the Iowa City Police Department have negotiated a commercial property lease agreement wherein the City will lease a 1485 square foot suit in the mall building, rent free, for the purpose of installing and operating an Iowa City Police Department substation; and WHEREAS, Under the terms of the lease, the Police Department will occupy the space rent free, will remodel the space for its use and pay for maintenance and association dues; and WHEREAS, the proposed agreement outlines the terms, conditions, rights and responsibilities of the parties with respect to the property and the City's occupation thereof; and WHEREAS, it is in the public interest to execute this lease agreement for the purpose of establishing a police substation in the Pepperwood Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Commercial Lease Agreement between the City of Iowa City, Iowa, and Southgate Development Services, LLC. Passed and approved this 12th day of ,rule , 201Q. 4V,Z,., MAYOR ATTEST: CF-Y CLERK Approved by City Attorney's Office Resolution No. 10 -351 Page 2 It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: " ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/g I ossary/resolution -ic. d oc Iowa Commercial Lease Agreement This Commercial Lease Agreement ( "Lease ") is made and effective August 1, 2010, by and between Kobrin Development Company Inc. ( "Landlord ") and the City of Iowa City, Iowa ( "Tenant "). Landlord is the owner of land and improvements commonly known and numbered as Pepperwood Plaza, located at Highway 6 East in Iowa City, Iowa. Landlord makes available for lease a portion of the Building designated as Suite 1067 Highway 6 East within the Pepperwood Plaza (the "Leased Premises "). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning August 1, 2010 and ending July 31, 2012. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended term of two (2) years. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at a rental rate to be negotiated prior to the initiation of that term and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of $0 per year, as Landlord is donating the leased premises to the City free of rent for public use as an Iowa City Police Department substation. Tenant shall be responsible for payment of Association Dues, Maintenance, Taxes and Insurance on the leased premises. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be at a rental rate negotiated prior to the initiation of the renewal term. 3. Use The parties acknowledge and agree that the Tenant shall utilize the leased premises for an Iowa City Police Department substation. The parties also acknowledge and agree that the Tenant shall be responsible for making all improvements to and remodeling of the leased premises for its intended use. Landlord has granted to other tenants in the Shopping Center certain exclusive use rights or has prohibited certain uses in the Shopping Center, and Landlord reserves the right to grant such rights to other tenants of the Shopping Center in the future. Tenant agrees not to use the Leased Premises in a manner which would conflict with the exclusive use rights of other tenants or the uses prohibited. 4. Sublease and Assignment. Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, and such consent shall not to be unreasonably withheld or delayed. 5. Repairs During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment, fiber -optic communication line, signage and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures, signage and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord, with the exception of the fiber -optic communication line. Tenant shall have the right to remove the other property and temporary installations at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes. Tenant shall pay all taxes assessed on its merchandise, trade fixtures and equipment located in or upon the Premises and also general license and franchise taxes, and Rent taxes, if any, which may be required for the conduct of Tenant's business. Tenant shall pay all real estate taxes and special assessments assessed or imposed upon the Premises which accrue during the lease term. All taxes and special assessments assessed prior to but payable in whole or in installments after the effective date of the lease term, and all taxes and special assessments assessed during the term but payable in whole or in installments after the lease term, shall be adjusted and pro rated, so that the Landlord shall pay its prorated share for the period prior to and for the periods subsequent to the lease term and the Tenant shall pay its pro rated share for all taxes that accrue during the lease term. In Iowa taxes accrue on a fiscal year basis from July 1 through June 30 of the following year. Taxes are then paid in that following fiscal year. It is the intent of this provision that Tenant pay all taxes that accrue during the term of this Lease, irrespective of the actual payment dates; and that Landlord be responsible for all taxes accruing before and after the term of this Lease, irrespective of the actual payment dates. The real estate taxes and special assessments, pursuant to the above formula, shall be payable in advance on the first day of each month during the term of this Lease term and any extensions thereof with final adjustments to be made on or before January 1 of each year after the actual taxes have become known. The monthly payments for real estate taxes shall be based upon 105% of the taxes assessed for the prior fiscal year. In the event that the Premises have not heretofore been fully assessed, the monthly payment shall be based on a reasonable sum determined by the Landlord. If the Premises are not separately assessed, Tenant's share of any taxes or assessment shall be computed on the pro rata basis of the proportion which the square foot area of the Premises bears to the total leasable square foot area of all buildings in the Shopping Center. Subject to adjustment from time to time, Tenant's initial share is as specified on Schedule "A ". Landlord shall make available for inspection by Tenant, upon request, all statements received by Landlord for the taxes and assessments due from Tenant along with other information reasonably necessary to determine Tenant's share. Tenant shall have the right to contest all real estate taxes and special assessments at Tenant's expense in the name of the Landlord, provided that Tenant shall post any necessary bond or other undertaking required 2 by the taxing authorities to insure that Landlord's property is in no way impaired by reason of Tenant's contest. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate, and Tenant shall reimburse Landlord for the cost of such insurance upon the presentation of appropriate invoices. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant shall, at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to its respective activities in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. 10. Signs. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. Tenant shall install signage, of Tenant's design and approved by Landlord, on the west side of the Leased Premises identifying the Leased Premises as a Police Substation. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours upon twenty -four (24) hours notice to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the non - exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Building Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 13A. Association Obligations. The Leased Premises are subject to obligations to two Associations: Pepperwood Plaza Association and Pepperwood Southeast Building Association. The Pepperwood Plaza Association operates and maintains the common elements throughout the Shopping Center, principally the parking areas, pole lighting, and landscaping. The Pepperwood Southeast Building Association operates and maintains the common elements of the Building within which the Leased Premises are located. Tenant agrees to pay its prorata share (based upon square footage) of sums due to each of those Associations during the term of this Lease. 14. Damaae and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 15. Default. If default shall at any time be made by Tenant in the payment of Association dues when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16A. Hazardous Substances. The term "Hazardous Substances ", as used in this Lease, shall include, without limitation, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. Landlord recognizes that Police Officers may have firearms, ammunition, chemicals M and /or other explosive materials associated with their duties on the Leased Premises from time to time and this shall be an explicit exception to the general prohibitions in this paragraph 16. Tenant's Restrictions. Tenant shall not cause nor permit to occur: (a) Any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under, or about the Premises, including, but not limited to soil, air and ground water conditions; or (b) The use, generation, release, manufacture, refining, production, processing, storage, or disposal or any Hazardous Substances on, under, or about the Leased Premises, or the transportation to or from the Premises of any Hazardous Substance. Environmental Clean -up. (a) Tenant shall, at Tenant's own expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ( "Laws "). (b) Tenant shall, at Tenant's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental and regulatory authorities (the "Authorities ") under the Laws. (c) Should any Authority or any third party demand that a cleanup plan be prepared or that a clean -up or other remedial action be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Lease, at or from the Premises, or which arises at any time from Tenant's use or occupancy of the Premises, then Tenant shall, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial assurances and carry out all such clean -up plans or other required or appropriate remedial action. (d) Tenant shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Substances that is requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 16A within a reasonable time, Landlord may do so and, in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Laws to the Leased Premises and Tenant's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant's obligations hereunder Tenant's Indemnity. (a) Tenant shall indemnify, defend and hold harmless Landlord from all fines, suits, procedures, claims, settlements and actions of every kind, and all costs associated therewith (including attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Lease at or from the Leased Premises, or which arises at any time from Tenant's use or occupancy of the Leased Premises, or from Tenant's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws. 17. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for and sums due and owing as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such 5 liens as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney -in -fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates by which any other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require. 19. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Kobrin Development Company,lnc Attention: Joseph T. Braverman, President 755 Mormon Trek Blvd. Iowa City, Iowa 52246 If to Tenant to: City of Iowa City, Iowa Attention: City Manager and City Attorney 410 E. Washington St. Iowa City, Iowa 52240 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 20. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 21. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect on any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 23. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 24. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 25. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 26. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of sums payable hereunder until Tenant shall have been fully reimbursed for such expenditures. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance to Tenant on demand. 27. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 28. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 29. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Iowa. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. 7 CITY OF IOWA CITY, IOWA A Dated this � day of 0 2010. By: /�.V t Matthew J. Hayek, Mayor Attest: Tian K. Karr, City Clerk KOBRIN DEVELOPMENT COMPANY, INC Jo h 1.Af ifverm'an, President SCHEDULE "A" Pepperwood Plaza CAM Estimate Size: 1485 sf Management Fee $ 121.00 Building Maintenance $ 434.00 Monument sign repair $ 19.00 Service Agreements $ 109.00 Ground Maintenance $ 555.00 Lawn Care $ 197.00 Snow Removal $ 541.00 Trash Removal $ 613.00 Phone $ 72.00 Utilities $ 373.00 Supplies $ 27.00 Insurance $ 789.00 Miscellaneous $ 4.00 Total $ 3,856.00 Pepperwood Plaza East Building Property Taxes Tax Payment Parcel # 39721 Pepperwood Plaza Association Taxes 1022108003 43303 1022108002 1132 1022108009 4360 1023243002 2389 Total PWP Taxes 54072 East Building % 24% 13201.96 Directly attributable to East Building 1023243001 48600 Total taxes East Building 61801.96 Building size: 54000 Suite size 1485 sf Estimated property taxes for suite 1707.75 INTER - DEPARTMENT MEMO TO: Mr. Dale Helling FROM: Chief Sam Hargadine � U RE: S.E. Side Police Sub - Station DATE: June 23, 2010 12-1 F1 23 Discussions with residents, neighborhood associations, realtors and commercial business owners have stressed the need to revitalize the South East side of Iowa City. As you are aware we discussed this last year with members of the Iowa City Realtor's Association over the potential of setting up a sub - station in the old Pizza Hut on Keokuk Street. The Southgate Development Services, LLC has made us an offer that is appealing in many ways. The offer is for an office suite located in the Pepperwood Mall located at 1067 Highway 6 East. This particular suite is on the North end and is the most visible of all of the empty spaces available. The proposed space is 1485 Square Feet. The present rate for leasing in this building is $11.50 per square foot (per year). Southgate is proposing a donation of $34,155 for two years worth of rent. Their hope is that if this sub - station is successful that the City would release in year three and beyond. Expenses that the City would be responsible for are: Southgate Development Services; Association Dues, Maintenance, Taxes, Insurance -Per Year $4,800.00 City IT & Qwest Phones, Computers, Printer, Fiber build out from Hwy 6 $35,175.00 (One time expense) Freeman Lock & Alarm Cameras, Door systems, Alarms and monitoring equipment that ties in to the same system as the evidence storage system $12,460.00 (One time expense) Furniture Folding conference tables $8000.00 Seating for 20 -30 $3800.00 Work Stations X3 $4000.00 Shelving & display tables $1000.00 (One time expense) Signage Iowa City Police Sub - Station w/ Logo $2500.00 (One time expense) Remodeling expenses $10,000.00 Total one time expenses $81,735.00 Total recurring yearly expenses $4,800.00 Project total for two years $86,535.00 We have been notified by the DOJ that the 2011 JAG /BYRNE grant award will be for $32,469 and those funds will be available probably between September and December of 2010. The Housing Authority has pledged $30,000 towards the police sub - station since it directly impacts Iowa City neighborhoods and their "Good Neighbors- Strong Neighborhoods" initiative. The HA would utilize the facility for Family Self- Sufficiency workshops and seminars. It should be noted that the Asset Seizure Fund cannot be used for buildings however it can be utilized for furniture, IT, Alarm system, etc. Project funding would come from the following areas: JAG /BYRNE GRANT $32,469 Housing Authority $30,000 Drug Seizure Fund $24,066 If approved I am requesting that City Legal finalize the agreement with Southgate Development Services. A potential target date for occupancy is August 1, 2010. ! J Iowa Commercial Lase Agreement This Commercial Lease Agreement ( "Lease ") is made an effective August 1, 2010, by and between Southgate Development Services L.L.C. ( "Landlord ") and t e City of Iowa City, Iowa ( "Tenant "). Landlord is the owner of land and improvements commonly k ow located at Highway 6 East in Iowa City, Iowa. Landlord makes available for lease a portion of the Building des within the Pepperwood Mall (the "Leased Premises "). Landlord desires to lease the Leased Premises to Tenant, and T from Landlord for the term, at the rental and upon the covenants, THEREFORE, in consideration of the mutual promises herein, cc consideration, it is agreed: 1. Term and numbered as Pepperwood as Suite 1067 Highway 6 desires to lease the LeaseA Premises tions and provisions herqfn set forth. and other good a96 valuable A. Landlord hereby leases the Leased Premises to Tenant, and Tenant ereb eases the same from Landlord, for an "Initial Term" beginning August 1, 2010 and ending Jul 31 012. Landlord shall use its best efforts to give Tenant possession as nearly as possAninety begi g of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shr th eriod of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended term oars. nant shall exercise such renewal option, if at all, by giving written notice to Landlord not leety (9 ) days prior to the expiration of the Initial Term. Th e renewal term shall be at a rental rate to ted pri r to the initiation of that term and otherwise upon the same covenants, conditions and proprovide in this Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initi erm rental of $0 per yea as Landlord is donating the leased premises to the City free of rent for p is use as an Iowa City Polic Department substation. Tenant shall be responsible for payment of Ass oci ion Dues, Maintenance, Taxes and Insurance on the leased premises. B. The rental for any renewal lease negotiated prior to the initiation of,)l 3. Use ,m, if created as permitted under this renewal term. The parties acknowledg nd agree that the Tenant shall utilize the leased Department substation The parties also acknowledge and agree that the' making all improvem is to and remodeling of the leased premises for its i 4. shall be at a rental rate es for an Iowa City Police shall be responsible for J use. Tenant shall of sublease all or any part of the Leased Premises, or assign t is Lease in whole or in part without La lord's consent, and such consent shall not to be unreasonably w hheld or delayed. 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense I- necQssary repairs to the Leased Premises. Repairs shall include such items as routine repai of floors, wall ceilings, and other parts of the Leased Premises damaged or worn through normal occu ncy, except for ajQr mechanical systems or the roof, subject to the obligations of the parties otherwise s forth in this Lease. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right folio, make additions, improvements and replacements of a to time as Tenant may deem desirable, provided the s good quality materials. Tenant shall have the right to E equipment, fiber -optic communication line, signage ar Leased Premises, and fasten the same to the premise fixtures, signage and temporary installations, whether Lease term or placed or installed on the Leased Prem property free and clear of any claim by Landlord, with Tenant shall have the right to remove the other propel term of this Lease provided that all damage to the Lea repaired by Tenant at Tenant's expense. 7. Property Taxes. Tenant shall pay, prior to delinquency, all general real e coming due during the Lease term on the Leased Premi Tenant's personal property, if any, on the Leased Premi personal property taxes with respect to Landlord's persc 8. Insurance. ng Landlord's consent to r model, redecorate, and I to all or any part of the L ased Premises from time ne are made in a workm like manner and utilizing ice and install personal rp operty, trade fixtures, other temporary installa ions in and upon the All personal property, quipment, machinery, trade .quired by Tenant at t e commencement of the s by Tenant therea er, shall remain Tenant's exception of the f er -optic communication line. and temporary i tallations at any time during the d Premises ca ed by such removal shall be o t es and installments of special assessments d all personal property taxes with respect to andlord shall be responsible for paying all property, if any, at the Leased Premises. A. If the Leased Premises or any other part of the uilding 's damaged by fire or other casualty resulting from any act or negligence of Tenant or any of T Want's ag nts, employees or invitees, Tenant shall be responsible for the costs of repair not covered y insuranc . B. Landlord shall maintain fire and extende coverage insu ance on the Building and the Leased Premises in such amounts as Landlord shall deem ppropriate. Tena t shall be responsible, at its expense, for fire and extended coverage insurance on a of its personal pro erty, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, eac at its own expense, m� general liability insurance with re pect to the respective ac thereon fully paid on or before a date, issued by and bin Landlord, such insurance to a ord minimum protection of r coverage of bodily injury, pr erty damage or combination insured on Tenant's policy r policies of comprehensive ge Landlord with current Ce ficates of Insurance evidencing Landlord shall not be re ired to maintain insurance again Building. 9. Utilities. stain a policy or policies of comprehensive cities of each in the Building with the premiums ng upon some insurance company approved by t less than $1,000,000 combined single limit iereof. Landlord shall be listed as an additional eral liability insurance, and Tenant shall provide Want's compliance with this Paragraph. thefts within the Leased Premises or the Tenant sh/pa all charges for water, sewer, gas, electricity, �elephone and other services and utilities used by TenanLeased Premises during the term of this Lea a unless otherwise expressly agreed in writing by d. In the event that any utility or service provided to the Leased Premises is not separately metered, d shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. hall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased P are designed to provide standard office use electrical facilities and standard office lighting. 10. Signs. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inapprop ate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tena in obtaining any necessary permission from governmental authorities or adjoining owners and occ ants for Tenant to place or construct the foyegoing signs. Tenant shall repair all damage to the Leased Pr mises resulting from the removal of signs jnstalled by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased emises at reasonable houon twenty -four (24) hours notice to inspect the same, provided Landlord sha not thereby unreasonabe with Tenant's business on the Leased Premises. 12. Parkin . During the term of this Lease, Tenant shall have the non- clusive use ' K common with Landlord, other tenants of the Building, their guests and invitees, of the no - reserved ommon automobile parking areas, driveways, and footways, subject to rules and regulations f r the us thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parki g are in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Building Rules. Tenant will comply with the rules of the Building cause all of its agents, employees, invitees and Landlord to Tenant in writing. 14. Damage and Destruction. f and altered by Landlord from time to time and will to do o; all changes to such rules will be sent by Subject to Section 8 A. above, if the Lease Premises or any damaged by fire, casualty or structural de cts that the same Tenant shall have the right wi/rials y 90) days following da terminate this Lease as of the uch damage. In the ev Premises, and if such damagf render the Leased Pr Landlord shall promptly repaiage at the cost of the L this paragraph, Landlord shalble for any delays resul inability to obtain necessary r labor or other matters Landlord. Tenant shall be reli paying rent and other c that the Leased Premises ar 1. noperable or unfit for occupancy purposes. Rentals and oth charges paid in advance for any s ensuing payments, if any, ut if no further payments are to be r refunded to Tenant. The/provisions of this paragraph extend n( any occurrence whichA which ' beyond Tenant's reasonable control a any appurtenance th reto, inoperable or unfit for occupancy or purposes. ; 15. Default. A thereof or any appurtenance thereto is so nnot be used for Tenant's purposes, then cage to elect by notice to Landlord to t of minor damage to any part of the Leased nises unusable for Tenant's purposes, andlord. In making the repairs called for in ing from strikes, governmental restrictions, which are beyond the reasonable control of iarges during any portion of the Lease term or use, in whole or in part, for Tenant's ich periods shall be credited on the next lade, any such advance payments shall be ! only to the matters aforesaid, but also to d which renders the Leased Premises, or pse, in whole or in part, for Tenant's If default sha at any time be made by Tenant in the payment of ssociation dues when due to Landlord as herein provided, and if said default shall continue for fifteen (15) ays after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in y of the other covenants or conditions to be kept, observed and performed by Tenant, and such default sh II continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof hen having been commenced and thereafter diligently prosecuted, Landlord may declare the term of is Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord a in addition to the remedy above provided, any other right or remedy available to Landlord o account of y Tenant default, either in law or equity. Landlord shall use reasonable efforts to miti ate its damage 16. Quiet Possession. Landlord covenants and warrants that up performance by Te ant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusiv quiet, peaceable an undisturbed and uninterrupted possession of the Leased Premises during the term o this Lease. 17. Condemnation. If any legally, constituted authority condem s Premises unsuitable for leasing, this Lease Landlord and Tenant shall account for and s without prejudice to the rights of either party t loss or damage caused by the condemnation. the other by the condemning authority. 18. Subordination. the Building or ch part thereof which shall make the Leased hall cease when the public authority takes possession, and ms due and o ing as of that date. Such termination shall be recover co ensation from the condemning authority for any Neither part shall have any rights in or to any award made to Tenant accepts this Lease subject and subordi existing or hereafter arising upon the Leased P refinancing and extensions thereof, but Tenant time to subordinate such mortgage, deed of tru such conditions as such mortgagee may deem vested with full power and authority to subordir now existing or hereafter placed upon the Le demand to execute such further instruments L liens as Landlord may request. In the event hE any mortgage, deed of trust or other lien presently ,es, or upon the Building and to any renewals, as that any such mortgagee shall have the right at any other lien to this Lease on such terms and subject to opriate in its discretion. Landlord is hereby irrevocably is Lease to any mortgage, deed of trust or other lien mises of the Building, and Tenant agrees upon i ating this Lease or attorning to the holder of any such i t should fail to execute any instrument of subordination herein required to be execu d by Tena t promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fa c to execute ch instrument in Tenant's name, place and stead, it being agreed that such power is one co led with an i erest. Tenant agrees that it will from time to time upon request by Landlord execute and eliver to such rsons as Landlord shall request a statement in recordable form certifying that this Le a is unmodified nd in full force and effect (or if there have been modifications, that the same is in full orce and effect as o modified), stating the dates by which any other charges payable under this Lease h ve been paid, statin that Landlord is not in default hereunder (or if Tenant alleges a default stating th nature of such allege default) and further stating such other matters as Landlord shall reasonably require 19. Notice. Any notice required or permi ed under this Lease shall be United States certified mail, eturn receipt requested, addr If to Landlord to: Joseph T. Braverma Southgate Develo ent Services, LLC 755 Mormon Trek Blvd. Iowa City, lows( 52246 ad sufficiently given or served if sent by as follows: If to Tenant to: City of Iowa City, Iowa Attention: City Manager and City Attorney 410 E. Washington St. Iowa City, Iowa 52240 Landlord and Tenant shall each have the under this paragraph by written notice tht 20. Brokers. from time to time to change the ploce notice is to be given to the other party. Tenant represents that Tenant was not shown t Premises by any real tate broker or agent and that Tenant has not otherwise engaged in, any activit which could form the asis for a claim for real estate commission, brokerage fee, finder's fee or other s ilar charge, in con ection with this Lease. 21. Waiver. No waiver of any default of Landlord or Tenant here der shat a implied from any omission to take any action on account of such default if such default persi is or is//repeated, and no express waiver shall affect any default other than the default specified in the expr ss iver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tea shall not be construed as a waiver of a subsequent breach of the same covenant, term or con on. 22. Memorandum of Lease. i The parties hereto contemplate that this Lease should not thereof, at the request of either party, Landlorq'and Tenan recorded for the purpose of giving record notit;e of the app 23. Headings. The headings used in this Lease are,for convenience of the interpreting the meaning of any provision of this Lease. 24. Successors and shall not be filed for record, but in lieu shall execute a Memorandum of Lease to be priate provisions of this Lease. es only and shall not be considered in The provisions of this Lease, shall extend to and be binding upon andlord and Tenant and their respective legal representatives, successors and assigns. \ 25. Consent. \ Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. i 26. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of sums payable hereunder until Tenant shall have been fully reimbursed for such expenditures. If this Lease terminates prior to Tenant's receiving full reimbursement, Land l shall pay the unreimbursed balance to Tenant on demand. 27. Compliance with Law. Tenant shall comply with all laws, orders, ord ances and other public requir ments now or hereafter pertaining to Tenant's use of the Leased Pre ises. Landlord shall comply th all laws, orders, ordinances and other public requirements now or herea r affecting the Leased Premi es. 28. Final Agreement. This Agreement terminates and supersedesll prior understandings fir agreements on the subject matter hereof. This Agreement may be modified only by a further writing th t is duly executed by both parties. 29. Governing Law. This Agreement shall be governed, constrL of Iowa. IN WITNESS WHEREOF, the parties have CITY OF IOWA CITY, IOWA Dated this day of By: Mayor Attest: City Clerk Approved as to form: City Attorney and interpreted by, through and under the Laws of the State Lease as of the day and year first above written. 2010. SOUTHGATE,)EVELOPMENT SERVICES LLC Dated this / day of an seph Braverman, A 2010. L3 Iowa Commercial Lease Agreement This Commercial Lease Agreement (" L se ") is made and effective Augu 2010, by and between Kobrin Development Company Inc. (" aendlor ') and the City of Iowa City, Iowa ( "Ten Landlord is the owner of land and imp ovements commonly known and numbered a Pepperwood Plaza, located at Highway 6 East in Iowa City, Iowa. Landlord makes available for lease a po ion of the Building designated as Suite 1067 ighway 6 East within the Pepperwood Plaza (the "Lease Premises "). Landlord desires to lease the Leased Premi es to Tenant, and Tenant desires to lea the Leased Premises from Landlord for the term, at the rental and pon the covenants, conditions and pro isions herein set forth. THEREFORE, in consideration of the mutual plfomises herein, contained and oth r good and valuable consideration, it is agreed: 1. Term A. Landlord hereby leases the Leased Premises t Tenant, and Tenan ereby leases the same from Landlord, for an "Initial Term" beginning August 1, 010 and ending J y 31, 2012. Landlord shall use its best efforts to give Tenant possession as nearly as ossible at the ginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, re t shall abate r the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended terrl option, if at all, by giving written notice to Landlord not Initial Term. The renewal term shall be at a rental rate otherwise upon the same covenants, conditions and g 2. Rental. oo (2) years. Tenant shall exercise such renewal )s than ninety (90) days prior to the expiration of the e negotiated prior to the initiation of that term and Ivisions as provided in this Lease. A. Tenant shall pay to Landlord during the Ini ' I Term ren al of $0 per year, as Landlord is donating the leased premises to the City free of rent for blic use as aq Iowa City Police Department substation. Tenant shall be responsible for payment of Ass o ' tion Dues, Mai tenance, Taxes and Insurance on the leased premises. B. The rental for any renewal lease Xrm, if created as permitted under this Lease, shall be at a rental rate negotiated prior to the initiation of a renewal term. 1 3. Use The parties acknowledge d agree that the Tenant shall utilize a leased premises for an Iowa City Police Department substation. a parties also acknowledge and agree that the Tenant shall be responsible for making all improvemen to and remodeling of the leased premisek for its intended use. Landlord has grant96 to other tenants in the Shopping Center certai exclusive use rights or has prohibited certain uses in th Shopping Center, and Landlord reserves the right o grant such rights to other tenants of the Shopping Center in the future. Tenant agrees not to use the Leas d Premises in a manner which would conflict with tho exclusive use rights of other tenants or the uses prohi 'ted. 4. Sublea" and Assignment. s� Tenant shall not sublease all or any part of the Leased Premises, or assign his Lease in whole or in part without Landlord's consent, and such consent shall not to be unreasonably withheld or delayed. J 5. Repairs During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occu ancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwis et forth in this Lease. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the rig t following Landlord's consent to remodel, redecorate, and make additions, improvements and replaceme s of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provide the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the ri t to place and install personal property, trade fixtures, equipment, fiber -optic communication line, signs a and other temporary installations in and upon the Leased Premises, and fasten the same to the pr mises. All personal property, equipment, machinery, trade fixtures, signage and temporary installations, wh her acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased emises by Tenant thereafter, sliall remain Tenant's property free and clear of any claim by Landlord, 'th the exception of the fiber- tic communication line. Tenant shall have the right to remove the other pro erty and temporary installa 'ons at any time during the term of this Lease provided that all damage to the L ased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes. Tenant shall pay all taxes assessed on its merchandise trade fixtures /And equipment located in or upon the Premises and also general license and franchise taxes, nd Rent taxes, if any, which may be required for the conduct of Tenant's business. Tenant shall pay all real estate taxes and special assess ents �sessed or imposed upon the Premises which accrue during the lease term. All taxes and special ss sments assessed prior to but payable in whole or in installments after the effective date of the lease t m, and all taxes and special assessments assessed during the term but payable in whole or in install ents after the lease term, shall be adjusted and pro rated, so that the Landlord shall pay its prorated shar f r the period prior to and for the periods subsequent to the lease term and the Tenant shall pay i pr rated share for all taxes that accrue during the lease term. , In Iowa taxes accrue on a fiscal year basis from Ju 1 throug June 30 of the following year. Taxes are then paid in that following fiscal year. It is the inte t of this pro sion that Tenant pay all taxes that accrue during the term of this Lease, irrespective of the ctual paymen dates; and that Landlord be responsible for all taxes accruing before and after the term of is Lease, irresp ctive of the actual payment dates. The real estate taxes and special assessm nts, pursuant to the bove formula, shall be payable in advance on the first day of each month during the rm of this Lease term nd any extensions thereof with final adjustments to be made on or before Ja uary 1 of each year after the actual taxes have become known. The monthly payments for real estate t xes shall be based upon 1 5% of the taxes assessed for the prior fiscal year. In the event that the Pre " es have not heretofore been fully assessed, the monthly payment shall be based on a reasonable su determined by the Landlord. If the Premises are not separatel assessed, Tenant's share of any t es or assessment shall be computed on the pro rata basis of the pro ortion which the square foot area of t Premises bears to the total leasable square foot area of all buildin in the Shopping Center. Subject to a ustment from time to time, Tenant's initial share is as specified o Schedule "A ". F i Landlord shall make avail `ble for inspection by Tenant, upon request, al statements received by Landlord for the taxes and assesients due from Tenant along with other informa 'on reasonably necessary to determine Tenant's shame. Tenant shall have the right to contest all real estate taxes and special asse sments at Tenant's expense in the name of the Landlord, provided that Tenant shall post any necessary b d or other undertaking required by the taxing authorities to insure that Landlord's property is in no way impaired by reason of Tenant's contest. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended c verage insurance on the Building and the Le sed Premises in such amounts as Landlord shall deem appr priate, and Tenant shall reimburse Landlor for the cost of such insurance upon the presentation of appr priate invoices. Tenant shall be responsib , at its expense, for fire and extended coverage insurance on a of its personal property, including rem able trade fixtures, located in the Leased Premises. C. Tenant shall, at its own expense, maintain a p licy or policies of comprehens' a general liability insurance with respect to its respective activities i the Building w/app mi s thereon fully paid on or before due date, issued by and binding upon some surance comr ved by Landlord, such insurance to afford minimum protection of not less th n $1,000,00d single limit coverage of bodily injury, property damage or combination thereof. Land rd shall be an additional insured on Tenant's policy or policies of comprehensive general liability ins ance, anhall provide Landlord with current Certificates of Insurance evidencing Tenant's co pliance aragraph. Landlord shall not be required to maintain insurance against thefts within the L sed Pr the Building. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, elect - ity, le hone and other services and utilities used by Tenant on the Leased Premises during the term oft s Leas unless otherwise expressly agreed in writing by Landlord. In the event that any utility or seryfce provid d to the Leased Premises is not separately metered, Landlord shall pay the amount due and s9oarately invo a Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fio6en (15) days invoice. Tenant acknowledges that the Leased Premises are designed to provide stancj6rd office use eledtrical facilities and standard office lighting. 10. Signs. Following Landlord's conse/which t s all have the right to place on the Leased Premises, at locations selected by Tenant, any sig a permitted by applicable zoni g ordinances and private restrictions. Landlord may refuse conseproposed signage that is in Landl rd's opinion too large, deceptive, unattractive or otherwise int with or inappropriate to the Leas d Premises or use of any other tenant. Landlord shall assisperate with Tenant in obtaining an necessary permission from governmental authorities or g owners and occupants for Tenan to place or construct the foregoing signs. Tenant shall repair a to the Leased Premises resulting om the removal of signs installed by Tenant. Tenant shall install , of Tenant's design and approved bY Landlord, on the East side of the Leased Premises identifyir�q the Leased Premises as a Police Substatio . 1 11. Entry. Landlord shall h/ect ight to enter upon the Leased Premises at reaso ble hours upon twenty -four (24) hours notice to ie same, provided Landlord shall not thereby unre sonably interfere with Tenant's business on the Premises. 12. Parking/ During the erm of this Lease, Tenant shall have the non - exclusive use in co mon with Landlord, other tenants of he Building, their guests and invitees, of the non - reserved commo automobile parking areas, driveways and footways, subject to rules and regulations for the use thereof s prescribed from time to time by Land[ . Landlord reserves the right to designate parking areas in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Building Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 13A. Association Obligations. The Leased I Pepperwood Plaza Association and Pepperwor Association operates and maintains the comm( parking areas, pole lighting, and landscaping. and maintains the common elements of the Bu agrees to pay its prorata share (based upon sq during the term of this Lease. 14. Damage and Destruction. ses are subject to obligations to two Associations: Southeast Building Association. The Pepperwood Plaza elements throughout the Shopping Center, principally th, e Pepperwood Southeast Building Association operates ng within which the Leased Premises are located. Ten r re footage) of sums due to each of those Associatio Subject to Section 8 A. above, if the Leased Pre ises or any part thereof or any appurtena a thereto is so damaged by fire, casualty or structural defects th t the same cannot be used for Tenant's urposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice t Landlord to terminate this Lease as of the date of such damag . In the event of minor damage to ny part of the Leased Premises, and if such damage does not render the eased Premises unusable for Want's purposes, Landlord shall promptly repair such damage at the st of the Landlord. In makin the repairs called for in this paragraph, Landlord shall not be liable for any d lays resulting from strike governmental restrictions, inability to obtain necessary materials or labor or oth r matters which are be nd the reasonable control of Landlord. Tenant shall be relieved from paying rent a d other charges dur' g any portion of the Lease term that the Leased Premises are inoperable or unfit for o upancy, or use, . whole or in part, for Tenant's purposes. Rentals and other charges paid in advance Nr any such pe ' ds shall be credited on the next ensuing payments, if any, but if no further payments arekto be made ny such advance payments shall be refunded to Tenant. The provisions of this paragraph r any occurrence which is beyond Tenant's reasonable any appurtenance thereto, inoperable or unfit for occu purposes. 15. Default. not o y to the matters aforesaid, but also to an which renders the Leased Premises, or use, in whole or in part, for Tenant's If default shall at any time be made by Tenant in th payment)p herein provided, and if said default shall continue or fifteen (1 been given to Tenant by Landlord, or if default all be made i be kept, observed and performed by Tenant, d such default thereof in writing to Tenant by Landlord with t correction there thereafter diligently prosecuted, Landlord ay declare the term Tenant written notice of such intention, a d if possession of the Landlord may reenter said premises. L dlord shall have, in ad other right or remedy available to Lan ord on account of any T Landlord shall use reasonable effort to mitigate its damages. 16. Quiet Possession. Association dues when due to Landlord as days after written notice thereof shall have any of the other covenants or conditions to hall continue for thirty (30) days after notice f then having been commenced and Athis Lease ended and terminated by giving L ased Premises is not surrendered, lit n to the remedy above provided, any �n t default, either in law or equity. Landlord covenants and warp6nts that upon performance by Tenant o its obligations hereunder, Landlord will keep and maintain Ten nt in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises d ring the term of this Lease. 16A. Hazardous Sub stances. The term "Hazardous Substances ", as sed in this Lease, shall include, without limitation, fl*mables, explosives, radioactive materials, asbesto polychlorinated biphenyls (PCBs), chemicals mown to cause cancer or reproductive toxicity, polluta ts, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum prdoucts, and substances declared to be hazardou! 'or toxic under any law or regulation now or hereafter enact 4d or promulgated by any governmental authority. Landlord recognizes that Police Officers may have firearms, ammunition, chemicals and /or other explosive materials associated with their duties on the Leased Premises from time to time and this shall be an explicit exception to the general prohibitions in this paragraph 16. Tenant's Restrictions. Tenant shall not cause nor permit to occur: (a) Any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under, or about the Premises, including, but not limited to soil, air and ground water conditions; or (b) The use, generation, release, m nufacture, refining, production, processing, storage, or disposal or any Hazardous Substances on, under, r about the Leased Premises, or the transportation to or from the Premises of any Hazardous Substance. Environmental Clean -up. (a) Tenant shall, at Tenant's own exp nse, comply with all laws regulating the use.,, generation, storage, transportation, or disposal of H ardous Substances ( "Laws "). (b) Tenant shall, at Tenant's own expe se, make all submissions to, provide a Orin formation required by, and comply with all requirements of all g ernmental and regulatory authoritie (the "Authorities ") under the Laws. (c) Should any Authority or any third pa demand that a cleanup plan prepared or that a clean -up or other remedial action be undertaken becau of any deposit, spill, dl ge, or other release of Hazardous Substances that occurs during the term of th Lease, at or from the Pr mises, or which arises at any time from Tenant's use or occupancy of the Pr es, then Tenant shalt, Tenant's own expense, prepare and submit the required plans and all related bon sand other financia ssurances and carry out all such clean -up plans or other required or appropriate reme ial action. (d) Tenant shall promptly provide all inform a is transportation, or disposal of Hazardous Substances that is r, any duty imposed under this Section 16A within a reasonab Tenant shall cooperate with Landlord in order to prepare all appropriate to determine the applicability of the Laws to the for compliance therewith, and Tenant shall execute all docun such action by Landlord and no attempt made by Landlord to constitute a waiver of any of Tenant's obligations hereunder i regarding to use, generation, storage, quested by andlord. If Tenant fails to fulfill time, La lord may do so and, in such case, )cumero Landlord deems necessary or ease Premises and Tenant's use thereof, and ant romptly upon Landlord's request. No ' rn gate damages under any Law shall Tenant's Indemnity. (a) Tenant shall indemnify, defend and ho har procedures, claims, settlements and actions of every k' d, and attorneys' and consultants' fees) arising, of or in a way co other release of Hazardous Substances that occurs uring the tE Premises, or which arises at any time from Tenan use or occu Tenant's failure to provide all information, make I submissions, under the Laws and all other environmental la S. 17. Condemnation. If any legally, constituted authority cc Premises unsuitable for leasing, this Landlord and Tenant shall account without prejudice to the rights of e' h loss or damage caused by the c de the other by the condemning a hori 18. Subordination. Tenant accepts this existing or hereafter refinancing and exte time to subordinate such conditions as s vested with full po now existing or he e demand to execut ss Landlord from all fines, suits, costs associated therewith (including acted with any deposit, spill, discharge, or n of this Lease at or from the Leased ancy of the Leased Premises, or from nd take all steps required by all Authorities demns the Building or such art thereof which shall make the Leased case shall cease when the p blic authority takes possession, and and sums due and owing as f that date. Such termination shall be party to recover compensatit from the condemning authority for any ination. Neither party shall ha a any rights in or to any award made to :as I subject and subordinate to any mortgage, de d of trust or other lien presently #ng upon the Leased Premises, or upon the Buil 'ng and to any renewals, • Ons thereof, but Tenant agrees that any such mortgagee shall have the right at any ch mortgage, deed of trust or other lien to this Lease on such terms and subject to ;h mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably and authority to subordinate this Lease to any mortgage, deed of trust or other lien ter placed upon the Leased Premises of the Building, and Tenant agrees upon ch further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney -in -fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it willfrom time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or' there have been modifications, that the same is in full force and eff t as so modified), stating the dat by which any other charges payable under this Lease have been pai , stating that Landlord is not in de ult hereunder (or if Tenant alleges a default stating the nature of su alleged default) and further stati g such other matters as Landlord shall reasonably require. 19. Notice. Any notice required or permitted under this United States certified mail, return receipt r If to Landlord to: Kobrin Development Company,lnc Attention: Joseph T. Braverman, President 755 Mormon Trek Blvd. Iowa City, Iowa 52246 If to Tenant to: City of Iowa City, Iowa Attention: City Manager and City 410 E. Washington St. Iowa City, Iowa 52240 Landlord and Tenant shall under this paragraph by wr i tenant was not shown the Premises by any rest estate broker or agent and that e engaged in, any activity which could form the basis for a claim for real estate fee, finder's fee or other similar charge, in connection with this Lease. 20. Brokers. Tenant represents Tenant has not ott commission, broke 21. Waiver. shall be deemed ad, addressed as have the right from time to time to notice thereof to the other party. given or served if sent by the place notice is to be given No waiver of any Oefault of Landlord or Tenant hereunder shall be implied from any omission to take any action on account such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 23. Headings. The headings used in this Lease are for conven interpreting the meaning of any provision of this 24. Successors. The provisions of this Lease shall extend to and be legal representatives, successors and assigns. 25. Consent. Landlord shall not unreasonably withhold or delay its consent is required or desirable under this Lease. 26. Performance. of the parties only and shall not be considered in upon Landlord and Tenot and their respective with respect/fo any matter for which Landlord's If there is a default with respect to any of Landlord's covenants, Varranties or representations under this Lease, and if the default continues more than fifteen (15) days r notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without ect g any other remedy hereunder, cure such default and deduct the cost thereof from the next accr ng in allment or installments of sums payable hereunder until Tenant shall have been fully reimbursed f such a enditures. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall ay the unr 'mbursed balance to Tenant on demand. 27. Compliance with Law. Tenant shall comply with all laws, orders, pertaining to Tenant's use of the Leased and other public requirements now or her 28. Final Agreement. This Agreement terminates and su hereof. This Agreement may be m 29. Governing Law. dices and other public rec� ;es. Landlord shall comply affecting the Leased Prem es all prior understandings or agreem only by a further writing that is duly e) cents now or hereafter all laws, orders, ordinances on the subject matter ad by both parties. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Iowa. IN WITNESS WHEREOF, t; a parties have executed this Lease as of the day and year first above written. CITY OF IOWA CITY, IOWA Dated this day of , 201 By: _ Attest: Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Approved as to form: City Attorney SOUTHGATE DEVELOPMENT SERVIQt�S LLC Dated this day of 4201 By: Kobrin Development Compare Inc Joseph T. Braverman, President SCHEDULE "A" Pepperwood Plaza CAM Estimate Pepperwood Plaza Association Taxes Total PWP Taxes East Building % i k 9 f Directly attributable to Easf Building Total taxes East Building Building size: 54000 i Suite size 1485 sf r Estimated property taxes for suite Pep rwo d Plaza Ea Buildi g P operty T xes Parcel # 1022 08003 1022108002 10221 8009 10232 3002 1023243 01 1707.75 Tax Payment 39721 43303 1132 4360 2389 54072 24% 13201.96 48600 61801.96 Size: 1485 sf Management Fee $ 121.00 Building Maintenance $ 434.00 Monument sign repair $ 19.00 Service Agreements $ 109.00 Ground Maintenance $ 555.00 Lawn Care $ 197.00 Snow Removal $ 541.00 Trash Removal $ 613.00 Phone $ 72.00 Utilities $ 373.00 Supplies $ 27.00 Insurance $ 789.00 Miscellaneous $ 4.00 Total $ 3,856.00 Pepperwood Plaza Association Taxes Total PWP Taxes East Building % i k 9 f Directly attributable to Easf Building Total taxes East Building Building size: 54000 i Suite size 1485 sf r Estimated property taxes for suite Pep rwo d Plaza Ea Buildi g P operty T xes Parcel # 1022 08003 1022108002 10221 8009 10232 3002 1023243 01 1707.75 Tax Payment 39721 43303 1132 4360 2389 54072 24% 13201.96 48600 61801.96 Prepared by: Sarah Holecek, 1s' Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR CLERK TO ATTEST A COMMERCIAL PROP BETWEEN THE CITY OF IOWA CITY AND S( SERVIC LLC FOR THE LEASE AND OC LOCATED T SUITE 1067 HIGHWAY 6 EPy IOWA CITY, IOWA FOR THE PURP OPERATING A IOWA CITY POLICE DEP R- TO IGN AND THE CITY :R LEASE AGREEMENT U HGATE DEVELOPMENT PATION OF PROPERTY T (PEPPERWOOD MALL), OF INSTALLING AND MENT SUBSTATION WHEREAS, the owner of PeRperwood Mall, So thgate Development Services, LLC, and the Iowa City Police Depall ent have gotiated a commercial property lease agreement wherein the City will ease a 14 square foot suit in the mall building, rent free, for the purpose of instal li and perating an Iowa City Police Department substation; and WHEREAS, Under the terms of the le s the Police Department will occupy the space rent free, will remodel the space for is u and pay for maintenance and association dues; and WHEREAS, the proposed agr ment the s the terms, conditions, rights and responsibilities of the parties w' h respect to t property and the City's occupation thereof; and WHEREAS, it is in the public interest to execute this I� establishing a police substavon in the Pepperwood Mall. NOW, THEREFORE, BE /IT RESOLVED BY THE CITY IOWA CITY, IOWA, AS FOLLOWS: agreement for the purpose of NCIL OF THE CITY OF The Mayor is q�thorized to sign and the City Clerk to ttest the attached Commercial Lease Agreement between the City of low City, Iowa, and Southgate Development Services, LLC. Passed and approved this day of 120 MAYOR ATTEST: /' City A"ey's Offi* �-- CITY CLERK ( 7-Z-/6 24 Prepared by: Sarah Holecek, 1st Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. i o - -m RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRANSFER AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA) FOR THE TRANSFER OF ACCRUED VACATION AND SICK LEAVE OF FORMER IOWA CITY EMPLOYEES WHEREAS, the Joint Emergency Communications Center (JECC) has gone "live" as of June 29, 2010; and WHEREAS, to facilitate a seamless transition for employees originating from the separate City emergency communications center to a unified center, JECSA desires to have vacation and sick leave benefits that are currently accrued under the City collective bargaining agreement with AFSCME transferred to JECSA, based on each employee's election; and WHEREAS, the City and AFSCME have executed a side letter of agreement to allow employees to elect transfer of vacation accruals from the City to JECSA instead of mandatory payout under the current collective bargaining agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Transfer Agreement between the City of Iowa City, Iowa, and the Joint Emergency Communication Services Association of Johnson County. Passed and approved this 12th day of ju1X , 2OLQ• e. ATTEST: h zL C TY CLERK A -4 L... Resolution No. 10 -352 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: " ABSENT: x Bailey x Champion x_ Dickens x Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution - ic.doc TRANSFER AGREEMENT This Transfer Agreement (this "Agreement ") is entered into on July /, 2010 (the "Effective Date ") between The City of Iowa City, Iowa ( "Iowa City ") and the Joint Emergency Communication Services Association of Johnson County ( "JECSA "). RECITALS (A) Johnson County and Iowa City have provided 911 emergency dispatching services within Johnson County. (B) Pursuant to the 28E Agreement, Johnson County, Iowa City, the City of Coralville, Iowa, the City of North Liberty, Iowa, and the Johnson County Emergency Management Commission, formed JECSA to provide joint emergency response communications and facilities to the citizens of Johnson County. (C) The parties wish to ensure that employees of Iowa City who will be affected by the creation of JECSA are treated with respect and dignity during the creation and transition process. (D) It is the desire of the parties to provide a seamless transition for the employees of Iowa City to become employees of JECSA and in doing so, Iowa City, and JECSA hereby agree to the following terms and conditions. TERMS (1) On June 29, 2010, at three o'clock in the morning, (the "Transfer Date ") certain dispatchers who are currently employees of Iowa City will become employees of JECSA (the "Transfer Employees "). JECSA will employ the Transfer Employees pursuant to the Initial Terms of Employment and Employee Handbook, as approved by the Policy Board on May 17, 2010. (2) Iowa City shall pay, discharge, and be responsible for (i) all wages arising out of or relating to the employment of the Transferring Employees not later than the next regular pay day for the pay period in which the wages were earned following the Transfer Date; (ii) any benefits arising under employee benefit plans and programs relating to claims incurred or events that took place on or before the Transfer Date, including benefits with respect to claims incurred before the Transfer Date, but reported after the Transfer Date, excluding accrued, but unused, vacation and sick leave hours; and (iii) worker's compensation claims, damages, expenses, liabilities, or administrative responsibilities of any kind whatsoever, arising on or before the Transfer Date related to a specific incident which occurred in the scope of the Transfer Employee's duties before the Transfer Date, but was reported after the Transfer Date. (3) JECSA shall pay, discharge, and be responsible for (i) all wages arising out of or relating to the employment of the Transferring Employees after the Transfer Date; (ii) any benefits arising under the JECSA employee benefit plans and programs relating to claims incurred or events that took place after the Transfer Date; and (iii) except as provided in the paragraph above, worker's compensation claims, expenses, liabilities or administrative responsibilities of any kind whatsoever reported after the Transfer Date. (4) For all Transfer Employees, Iowa City hereby assigns and JECSA assumes all responsibilities for and liabilities related to the Transfer Employees' accrued, but unused, vacation and sick leave hours, except for vacation and sick leave hours that will be paid out by Iowa City pursuant to their respective collective bargaining agreements or any side Memoranda of Agreement thereunder. Transfer Employees who will be paid accrued vacation and sick leave hours upon termination of employment with Iowa City will have that amount of vacation or sick leave hours subtracted from the bank of vacation and sick leave transferred to JECSA. This carry -over of unused vacation and sick leave hours must be utilized consistent with the JECSA Initial Terms of Employment. (5) Before July 13, 2010, Iowa City shall provide written notice to JECSA of the amount of the Transferring Employees' accrued vacation and sick leave balances which may be assumed by JECSA. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the day and year first above written. CITY OF IOWA CITY, IOWA Dated this !ate day of ui- , 2010. By: �Mayor Attest: City Clerk Approved as to JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION Dated this _ day of I ANC , 2010. By: , ha 6Cr.�n LeH A-' u n� L , %lr Attest: Attorney M� Prepared by: Dale Helling, Acting City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5013 RESOLUTION NO. 10 -353 RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2010 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d /b /a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, by cover letter dated May 28, 2010 Mediacom proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2010 and enclosed an FCC Form 1240 dated May 28, 2010 supporting a requested rate of $13.03 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated May 28, 2010 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's FCC Form 1240 was properly developed and supports the proposed rate for basic cable programming services and that Mediacom's FCC Form 1205 was properly developed and supports the revised rates for equipment installations and rentals; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: (1) The FCC Form 1240 filed with the City on May 28, 2010 is accepted and the Maximum Permitted Rate of $14.22 per subscriber per month [exclusive of FCC regulatory charges] determined thereby for basic tier cable programming service to be effective for period of August 1, 2010 through July 31, 2011 is approved. Mediacom shall utilize the Maximum Permitted Rate and its components of this FCC Form 1240 when performing the true -up calculation on its next FCC Form 1240. (2) A rate of $13.03 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective as requested on billings rendered after August 1, 2010. This rate will be represented on subscribers' bills in the two components of $12.95 for programming service and $0.08 for the FCC regulatory charge. (3) The FCC Form 1205 filed with the City on May 28, 2010 is accepted and the Maximum Permitted Rates determined thereby for basic service equipment rentals and installations to be effective for period of August 1, 2010 through July 31, 2011 are approved. Resolution No. 10 -353 Page 2 (4) The rates proposed for basic service equipment rentals and installations filed with the City on May 28, 2010 are approved to become effective as requested on billings rendered after August 1, 2010. Passed and approved this 12rt, day of July 12010 ATTEST: Na -� �C CITY CILERK Approved by City Attorney's Office It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mimms x Wilburn x Wright City of Iowa City cable television administrator July 1, 2010 07 25 -12 -10 TO: The City of Iowa City City Council FM: Robert Hardy, Cable Administrator RE: Annual Rate Review, Mediacom Communications Corporation Cable Division staff has completed the annual review of FCC Forms 1240 and 1205 submitted to the City of Iowa City by Mediacom Communications Corporation and related to the City's regulation of basic cable television tier rates and equipment rental and service charges. These rates are to be used for the period from August 2010 to July 2011. FCC Form 1240 allows cable operators to adjust rates for the basic tier once per year to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of regulated channels that are projected for the upcoming period. The operator is also allowed to "True -up" for any overestimates and /or underestimates from the previous period. Based on Form 1240 calculations, Mediacom ' s new maximum permitted rate" for the basic tier was determined to be $14.22. But, consistent with FCC rules, Mediacom has selected to charge an "operator- selected rate" of $13.03. Though less than permitted, the new rate represents a $2.09 increase beyond the $10.94 operator - selected rate currently being used. Information available on Mediacom's Form 1240 indicates that this rate increase is due to increased local broadcast television retransmission fees. FCC Form 1205 calculates allowable equipment and maintenance rates including converters, remotes, installations and home wiring. It should be noted that the Form 1205 submitted by Mediacom utilizes financial data that includes all Mediacom systems and for this reason would require a very lengthy and large -scale audit to verify this information. But Mediacom has, for several years, opted for operator- selected rates well below the approved maximum permitted rates for all categories of equipment and services. Requested 2011 rates would be the same as 2009 rates. Staff believes the suggested rates are acceptable. Staff recommends approval of the attached Resolution that permits changes to Mediacom's regulated rate structure. cc: Dale Helling 410 E. Washington Street, Iowa City, IA 52240 Ph: 319.356.5047 rohardy @citychannel4.com Prepared by: David Purdy, Comm. & Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5489 RESOLUTION NO. 10 -354 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A LEVEE BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE WEST SIDE OF THE IOWA RIVER. WHEREAS, this spring, the Iowa Legislature in SF 2389 ( "the Act ") created the (- Jobs II Grant Program, initially called the I -Jobs Smart Growth Planning Grant Program; WHEREAS, the program allows cities and counties to apply for disaster prevention grants; WHEREAS, a levee between McCollister Boulevard and the Crandic Railroad tracks along the west side of the Iowa River would protect businesses and two mobile home parks; WHEREAS, the I -Jobs II grant requires a local match of approximately 50 %; WHEREAS, staff proposes to use funds from the payback of a Supplemental Disaster CDBG construction loan for the local match, but a decision on the use of the funds cannot be made until a 30 -day public comment period runs; WHEREAS, City Council has set a public hearing for August 17, 2010 on a proposed amendment to the FY11 Annual Action Plan to use said CDBG funds for the local match; WHEREAS, SF 2389 also created new chapter 18B of the Iowa Code, which provides, inter alia, that local governments shall consider and may apply certain planning principles, denominated by the Act as Smart Planning Principles during the deliberation of all appropriate planning, zoning, development, and resource management decisions; WHEREAS, pursuant to Section 88 of the Act, only cities and counties that apply "smart planning principles and guidelines pursuant to sections 188.1 and 188.2, ..., may submit an application to the Iowa Jobs board for financial assistance for a local infrastructure competitive grant for an eligible project under the program "; WHEREAS, the City's current Comprehensive Plan likely already includes the smart growth planning principles which will be required by the state; and WHEREAS, it is in the City's best interest to apply for an Wobs II grant to build a levee between McCollister Boulevard and the Crandic Railroad tracks along the west side of the Iowa River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is authorized to sign an application for the I -Jobs 11 grant Resolution No. 10 -354 Page 2 and is designated as the authorized representative in said agreement, if approved. 2. The City shall promptly perform a review to determine whether it is necessary to amend its Comprehensive Plan to comply with the Smart Growth Planning Principles of the Act. 3. In the event that the City is awarded one or more grants under the Iowa Jobs II local infrastructure competitive grant program pursuant to the Act, the City shall complete the amendment of its Comprehensive Plan, if any, utilizing smart planning principles in conformance with new chapter 18B within three years of the award of such grant(s). Passed and approved this 12th day of July, 2010. MAYOR / l ATTEST: ,:,U AS CITY-CLERK City Attorney's Office Resolution No. 10 -354 Page 3 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x .x X _ x _ x x x wpdata /glossarylresolution- ic.doc NAYS:' ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r CITY OF IOWA C 1 TY 26 � :m�ir. M E M 0 RA N D U M Date: July 7, 2010 To: City Council From: Jeff Davidson, Director of Planning & Comm nity Development David Purdy, Flood Recovery Specialist Re: Authorizing Resolution for West Side Levee l -JOBS II funding application On your July 12 meeting agenda is a resolution authorizing an application to the I -JOBS II grant program. The project for which we are requesting funding is to construct a levee along the west side of the Iowa River between McCollister Boulevard and the CRANDIC railroad. This levee would protect the Baculis and Thatcher mobile home parks as well as the Commercial Court area. Because of the vulnerability of people living in the Baculis and Thatcher mobile home parks, we have already used community disaster grant funds to design this levee. The estimated expense is $3.8 million. The I -JOBS II Program The I -JOBS II program was created by the Iowa Legislature this past year. It sets aside $30 million for a competitive grant program. We have already received I -JOBS grants through the initial program, for Fire Station 4, relocating the North Wastewater Treatment Plant, and the UniverCity Neighborhood Partnership Program. A priority of the I -JOBS program is to get funds circulating in the economy as quickly as possible. The economic stimulus aspect of the program is a very important priority established by the Governor's office. Because project design has been completed, we believe the West Side Levee is a good candidate for I -JOBS II funding. The I -JOBS II program has several differences from the original I -JOBS program. The focus for I -JOBS II is disaster prevention. There is also a Smart Growth initiative. It requires cities and counties that receive funds to pass a resolution that they will review their Comprehensive Plan and consider changing it so that it incorporates Smart Growth planning principles. The state's Smart Growth planning principles are being developed by a committee established by the legislature. We believe that our Comprehensive Plan already includes the Smart Growth planning principles which will be advocated by the state. The resolution on your July 12 agenda stipulates that we will consider Smart Growth planning principles in our Comprehensive Plan. Local Match The other major change from the original I -JOBS program pertains to local match requirements. The original I -JOBS program required a 75/25 match for disaster recovery projects and a 50/50 match for other projects. The I -JOBS II program will pay 90% of the project costs up to $500,000 and 50% of the costs thereafter. This results in our project having a $2.1 million (55 %) / $1.7 million (45 %) split between I -JOBS II and local match. This is the minimum match requirements for I -JOBS ll. If a city contributes additional funds, they would receive a higher score in the leveraging section of the application. July 7, 2010 Page 2 The local match considerations in applying for I -JOBS II funds also fit the West Side Levee project. We have no local funds budgeted at this time for any levee projects. Since the West Side Levee will help protect the low and moderate - income people living in Baculis and Thatcher mobile home parks, CDBG funds may be used as local match. CDBG funds require that the project benefit persons of low to moderate income. In May 2011, Iowa City will be receiving $2.9 million in CDBG funds as part of a payback of the construction loan for the Aniston Village project. Aniston Village is a low- income housing tax credit project on Aniston Street in south Iowa City. We are proposing to use at least $1.7 million of these funds as local match for the West Side Levee. In addition to protecting the Baculis and Thatcher mobile home parks, the project will protect 20 businesses on Commercial Court. To approve CDBG funding for this purpose, the City Council must approve a City of Iowa City FY11 Action Plan amendment following a 30 day public comment period. The Housing and Community Development Commission (HCDC) reviewed this project at their June 30 meeting. The Commission did not recommend funding for this project. Commission members stated a concern that the mobile home parks may not remain residential in the long term and expressed interest in what other projects could by addressed with these funds. The HCDC meeting minutes are included in your July 12 meeting packet. Other Levee Projects We also have two additional levee projects for which we eventually hope to find funding. The other two levees are the east side levee, which would extend from U.S. Highway 6 south to Napoleon Park and protect the Hills Bank/Stevens Drive area; and the Taft Speedway /No Name Road levee, which would protect the Idyllwild condominium area. All three levee projects are important flood recovery efforts in Iowa City. The West Side Levee is the best fit for I -JOBS 11 funding because it is already designed and we can implement it immediately, and we can use CDBG funds for the local match requirement. We want to emphasize that consistent with the City Council's past decision making, acquiring funds for the other two levees is still a priority. You may also consider local funding of the other two levees when you are prioritizing CIP projects this winter. Summary To summarize, on July 12 we are recommending that you consider approving the submittal of a grant application to construct the West Side Levee. It is proposed to be funded with up to $2.1 million of I -JOBS II funds and at least $1.7 million of supplemental CDBG funds. We will be required to consider Smart Growth planning principles for our Comprehensive Plan, the exact verbiage of which is still being developed by the state. We will be present at the July 12 City Council meeting to answer any questions. cc: Dale Helling Rick Fosse Ron Knoche Steve Long w /ppddi r /mem/W estS ideLevee -7 -2010. doc Prepared by: David Purdy, Comm. & Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5489 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A LEVEE BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE WEST SIDE OF THE IOWA RIVER. WHER S, this spring, the Iowa Legislature in SF 2389 created the I -Job II Grant Program, itially called the I -Jobs Smart Growth Planning Grant Progra ; WHEREA the program allows cities and counties to apply for dis ter prevention grants; ,\ WHEREAS, allpvee between McCollister Boulevard and th randic Railroad tracks along the west si a of the Iowa River would protect busine es and two mobile home parks; WHEREAS, the I -Jobs II grant requires a local mateli of approximately 50 %; WHEREAS, staff proposes to use funds fro the payback of a Supplemental Disaster CDBG construction loan f9r the local m,4fch, but a decision on the use of the funds cannot be made until a 30 -da public copriment period runs; WHEREAS, City Council has se a ublic hearing for August 17, 2010 on a proposed amendment to the FY11 7- Action Plan to use said CDBG funds for the local match; and WHEREAS, it is in the Cit ' best inter t to apply for an Wobs II grant to build a levee between McCollister Boul and and the C ndic Railroad tracks along the west side of the Iowa River. / NOW, THEREFORE, BE I RESOLVED BY THE Cl COUNCIL OF THE CITY OF IOWA CITY, IOWA, TH The City Manage is authorized to sign an application fo the I -Jobs II grant and is designat as the authorized representative in sai greement, if approved. Passed and Oproved this day of July, 2010. ATTEST: YOR CITY CLERK City Attorney's Office PUBLISH 6/4 NOTICE TO BIDDERS 2010 SIDEWALK INFILL PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 1st day of July, 2010. Sealed propos- als 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 12th day of July, 2010, or at special meeting called for that purpose. The Project will involve the following: Mobilization, Clearing and Grubbing, 862 LF of Fence Removal, Traffic Control, 135 SY of Removals, 44 LF of P.C. Concrete Curb Grinding, 1,160 SY of 6" P.C. Concrete Sidewalk and Curb Ramp, 851 SY of 4" P.C. Concrete Sidewalk, 96 SY of 6" P.C. Concrete Driveway, 79 CY of Combined P.C. Concrete Sidewalk and Retaining Wall, 100 SF ADA Detectable Warning Truncated Domes, 4 TON of Hot Mix Asphalt Wedge for Driveway, 370 LF of Field Fence, 474 SQ of Sodding, and 4,082 LF of Filter Sock. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF -1 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: September 30, 2010 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 non - refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 M� Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO, 10 -355 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 SIDEWALK INFILL PROJECT. i WHEREAS, Feldman Concrete of Dyersville, Iowa has submitted the lowest responsible bid of $152,926.00 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 Feldman Concrete, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 12th day of July , 2010 MAYOR ATTEST: C ERK It was moved by Bailey and seconded by adopted, and upon roll call there were: Approved by 4� � ,/P ", City Attorney's Office -7 1 -7 1 U Dickens . the Resolution be AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright pweng \res \awrdcon2010sidewalki nfill.doc 7110 ADVERTISEMENT FOR BIDS FY 2011 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the 30th 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 12th day of July, 2010, or at a special meeting called for that purpose. The Project will involve the following: 11,697 tons of asphalt cement concrete, 14,700 sq. yards of crack and seat PCC pavement, 49,627 sq. yards of pavement milling, 2,331 feet of PCC curb and gutter replacement, 63,348 sq. yards of chip sealing, 45 ft of 48" RCP, 204.9 sta. of durable pavement marking and related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the AF -1 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 completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Liquidated Damages (all Divisions): $800 /day Calendar Day Count shall start on July 19th, 2010 and continue thru the completion of all work for the project on October 8, 2010. Milestone 1: Work on Jefferson Street and Dodge Street shall be completed on or before August 13, 2010 to reduce the impact on traffic. Jefferson Street shall be open to normal traffic on August 14, 2010. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $50 non - refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA. 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. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- AF -2 quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 M J 287 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 10 -356 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT. WHEREAS, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest responsible bid of $2,199,318.22 for construction of the above -named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The contract for the construction of the above -named project is hereby awarded to L.L. Pelling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 12th day of July 12010. Ap roved by: y�,, l ATTEST: —1 �Art City Clerk City Attorney's Office Resolution No. Page 2 10 -356 It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS:' ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn X Wright wpdata/glossary/resolution - ic.doc NOTICE TO BIDDERS PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8th day of July, 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 12th day of July, 2010, or at special meeting called for that purpose. The Project will involve the following: For four of the City's water supply well facilities elevate exterior electrical equipment on a new compacted earth fill berm at two facilities; harden and floodproof the well house building at two facilities; elevate electrical equipment inside the well house building at four facilities; and construct one new portable generator terminal site. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, of Johnston, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen r. (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: July 26, 2010 Completion Date: December 31, 2010 Liquidated Damages: $1,000 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, 5525 Merle Hay Road, Ste. 200, Johnston, Iowa 50131, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. 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 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5139 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT. WHEREAS, responsible bid of $ NOW, THEREFORE, BE IT R CITY, IOWA, THAT: 1. The contract for the of has submitt the lowest construction of the above -named project. LVED BY THE CITY COUNCIL,1: THE CITY OF IOWA adequate performance and pa program statements. of the above -na ed project is hereby awarded to subje to the condition that awardee secure bond, insur ce certificates, and contract compliance 2. The Mayor is hereby authorized t sigh and the City Clerk to attest the contract for construction of the above -named pVject, subject to the condition that awardee secure adequate performance and payment ond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to exec in the construction of the above -named Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: change orders as they may become necessary MAYOR and seconded by 20 Approved by City Attorney's Office AYES: NAYS: BSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng \res\awrdcon -pen insu laflood mit. doc 7/10 the Resolution be 29 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5139 RESOLUTION NO. t o 357 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT. WHEREAS, Price Industrial Electric of Hiawatha, Iowa has submitted the lowest responsible bid of $737,130 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 Price Industrial Electric, 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 12th day of July , 20 io ATTEST: CITY CttRK Approved by 2 City Attorney's Office It was moved by wi 1 birr,n and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: X X_ X X X_ X pweng \res \awrdcon- peninsulafloodmit. doc 7/10 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright -_�� �i NOTICE TO BIDDERS BOWERY STREET BRICK REPAIR PROJECT SUMMIT STREET TO CLARK STREET Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8th day of July, 2010. Sealed propos- als 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 12th day of July, 2010, or at special meeting called for that purpose. The Project will involve the following: 995 SY of Brick Paver Installation with 7" PCC Base, 139 SY of 3" HMA Pavement with 7" PCC Base, 434 SY of 3" HMA Pavement, Removing and Replacing 547 LF of Curb and Gutter, 32 SY of 6" PCC Driveway Approach, 52 SY of 6" PCC Sidewalk and Curb Ramp, 44 SY of 4" PCC Sidewalk, 112 SF ADA Detectable Warning Truncated Domes, 1,300 SY of 6" Granular Subbase, 12.7 STA of Durable Crosswalks and Stop Bar, 267 SY of Pavement, Driveway, Curb Ramp, and Sidewalk Removals, 434 SY of Pavement Milling, and other related work. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF -1 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: September 13, 2010 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 non - refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 L � Z�— 30 i Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. RESOLUTION AWARDING ONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OWERY STREET BRICK REPAIR PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ for c nstruction of the above -name project. NOW, THEREFORE, BE IT RESOL ED BY THE CITY COON IL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construc 'on of the above -na ed project is hereby awarded to subject o the condition that awardee secure adequate performance and pay ent bond, insuran a certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign construction of the above -named roject adequate performance and payme bon program statements. a d the City Clerk to attest the contract for ubject to the condition that awardee secure insurance certificates, and contract compliance 3. The City Engineer is authorized to x cute change orders as they may become necessary in the construction of the above- me project. Passed and approved this _,day of ATTEST: CITY CLERK It was moved by adopted, and upon II call there were A '/ES: pweng \res \awrdcon- bowery brick. doc 7/10 20 MAY Approved by City Attorney's Office and seconded NAYS: BSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be J Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. 1 n --iss RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT. :�L 3o WHEREAS, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible. bid of $192,410.00 for construction of the above -named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to All American Concrete, 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 12th day of July 120 10 MAYOR Approved by ATTEST: 7 CITY C RK City Attorney's Office It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright pweng \res\awrdcon- bowerybrick. doc 7110 d, 1' ADVERTISEMENT FOR BIDS 420th Street Corridor Improvements From US Hwy 6 to City Limits Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 8th day of July, 2010, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat at 7:00 P.M. on the 12th day of July, 2010, or at such later time and place as may then be scheduled. The Project will involve the following: The reconstruction of 420th Street from US Highway 6 to the City Limits and the extension of a trunk sanitary sewer from Sioux Avenue to 420th Street. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 36,688 CY of excavation and embankment, 21,287 SY of 10" PCC roadway pavement, 109 SY of 4" and 2,421 SY of 6" PCC sidewalk pavement, 7,885 LF of subdrain, 6,770 LF of storm sewer, 42 storm sewer structures, pavement markings, 5,810 LF of sanitary sewer, 350 LF of directional boring with steel casing pipe, 20 sanitary sewer structures, erosion control, seeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC. of Cedar Rapids, 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 insuring 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 ADVERTISEMENT FOR BIDS AF -1 retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: August 2 "d, 2010 Completion Date: August 31 , 2011 Liquidated Damages: $800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 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: Treasurer of the City of Iowa City, Iowa. 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 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 ADVERTISEMENT FOR BIDS AF -2 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 ADVERTISEMENT FOR BIDS AF -3 'Z —t2°� 31 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 4201h STREET IMPROVEMENT PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ N 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 th construction of the above -named oject is hereby awarded to subject t e condition that awardee secure adequate performance \aut payment bond, insuran certificates, and contract compliance program statements. 2. The Mayor is hereby onzed to si and the City Clerk to attest the contract for construction of the abamed pr 'ect, subject to the condition that awardee secure adequate performance and ym bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is auth Ize to execute change orders as they may become necessary in the construction of th above- amed project. Passed and approved thi�/ da of , 2010. /r i� MAYOR Approved by ATTEST: It was CLERK loved by and upon roll call there were AYES: Pweng /res /420thi mprov- awrdcon.doc 6/10 City Attorney's Office and sec(�nded by NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be ,4& 3 / Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. 10 -359 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 4201h STREET IMPROVEMENT PROJECT. WHEREAS, Minger Construction, Inc. of Chanhassen, MN has submitted the lowest responsible bid of $4,455,234.80 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 Minger 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 12th day of July , 2010. 4.11._ - A� MAYOR Approved by ATTEST. CI RK City Attorney's Office It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Pweng /res /420thimprov- awrdcon.doc 7/10 M �9 �2 32 Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 10 -360 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT. WHEREAS, the CITY of Iowa City, Johnson County, and City of Coralville desire to improve the safety for pedestrian and bicycle travel along North Dubuque Street; and WHEREAS, the construction of the separated pedestrian bridge and included trail will connect the trail systems between Iowa City and Johnson County; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Butler Bridge Pedestrian Trail Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shoemaker & Haaland Professional Engineers to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shoemaker & Haaland Professional Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultants Agreement. Passed and approved this 12th day of July 12010. OF Appr ved by: ATTEST: City Jerk City Attorney's Office -71 i /iv Resolution No. 10 -360 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: " ABSENT: X Bailey x Champion Dickens X Hayek x Mims _x_ Wilburn x Wright wpdata/glossary/resolution -ic. doc Section IV CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this iJ day of July , 2010 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and _Shoemaker & Haaland Professional Engineers , of Coralville, Iowa hereinafter referred to as the Consultant. WHEREAS the CITY desires to contract with the CONSULTANT to assist with the design and construction of a shared use path from the Water Works Park Trail Head Parking to the east entrance of the River Products Conklin Quarry hereinafter refer to as the Project. The project will include the design of the extension of the shared use path on the Butler Bridge over the Iowa River along with an at grade shared use path on the north and south end of the Bridge. The total length of the project is estimated as 1,260 lineal feet. The trail and associated bridge widening will meet state and local guidelines for pedestrian and bicycle users. The Project will also include bridge maintenance work including replacement of existing neoprene expansion joints, and bridge approach slabs. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. Scope of Preliminary Design Services: Preliminary design will include data collection, study and presentation phases and concept statement. A. PROJECT MANAGEMENT SERVICES 1. Project Scoping Phase Meeting: The CONSULTANT shall schedule and hold a project meeting to discuss the project scope including general and project specific items with concerned City Departments including Engineering, Traffic Engineering, Johnson County Secondary Roads and the Iowa Department of Transportation. 2. Coordination with Utilities: The CONSULTANT shall schedule and hold a utility coordination meeting to discuss the project. The CONSULTANT shall follow up with utility issues and take into consideration the individual utility's concerns when developing the design plans. 3. Property Owner Input: The CONSULTANT shall meet with adjacent landowner for review of project (included in preliminary phase budget) and attend one public informational meeting (if determined to be necessary) to review the preliminary plans. -2- Section IV 4. Coordination with Sub Consultants: CITY and CONSULTANT will mutually agree on the need for sub - consultants. Once the need for sub - consultants has been determined, CONSULTANT will contract with required sub - consultant. CONSULTANT will coordinate with sub - consultants. Sub - consultants anticipated at this time include geotechnical, archeological, and environmental. CONSULTANT has included fees for geotechnical and environmental subconsultants. At this time it is believed archeological review will be provided by the State at no charge. 5. Project Update meetings: The CONSULTANT will conduct monthly meetings with the CITY and Iowa Department of Transportation as required to review the project design and management issues. B. DATA COLLECTION PHASE 1. Coordinate "One Call" to locate and mark utilities; gather data on sizes and approximate depths in the project area. 2. Conduct Topographic Design Survey including: a. Survey Project Area: The survey and mapping area will include: • A 150 foot wide Corridor west from the center line of Dubuque Street from the Water Works Park Trail Head Entrance south to the east entrance of the River Products Conklin Quarry, excluding the Channel of the Iowa River. b. Survey and Mapping Scope: The site survey and mapping will include existing roadways, shoulders, the bridge structure, top of bank, toe of bank, found property corners, fences, driveways, storm sewers and manholes, culverts and appurtenances, buried gas mains, overhead power poles and lines, communication lines buried and overhead, trees and hedges and any other pertinent man -made improvements. The mapping will show the floodway and 100 year floodplain limits based on the City's floodplain mapping data. Utility locations will be based on field information. C. Utility Survey and Mapping: Survey verification of buried utility locations marked by the respective utility companies. d. Property Survey: Property line locations will be shown based on recorded plat information and evidenced by corner pins found during the survey. This survey will not include a legal boundary, or boundary retracement survey of adjacent properties, but will provide property line locations with sufficient accuracy to show proposed construction easements if required. 3. Review CITY provided plats, easements, and property descriptions for coordination with survey. 4. Review CITY and/ or COUNTY provided plans for bridge roads and other improvements available for incorporation into base map. 5. Coordinate and have Geotechnical investigation for shared use path performed. 6. Coordinate and have Archeological investigation and wetlands determination performed. -3- Section IV 7. Prepare site topographic /elevation base map showing the trail corridor as referenced above. C. STUDY PHASE This phase will present design options based on existing site conditions and constraints and alternates with additional right of way, to compare cost - effectiveness of each. Based on field data and utilizing design guidelines of Iowa City, Iowa DOT and AASHTO preliminary layouts will be made to satisfy project goals. If standards cannot be met an explanation for variance for review by owner and funding group will be provided. 1. Be available for one public meeting to receive citizen input on the project. 2. Conduct a meeting with adjacent land owner (River Products) for input on items relative to their property. 3. Analyze existing bridge for anticipated loading from the new structure and determine impacts to geometry and structure type. 4. Bridge widening design shall include provisions for a 10, 12 or 14 foot wide shared use path on the west side, based on federal guidelines and existing capacity. 5. The study phase will include a shared use path at or below grade of Dubuque St, north of river and two alternates for connection to shared use path at Water Works Park. 6. Two shared use path bridge alternates will be evaluated: a pre - engineered truss and a steel girder. 7. Aesthetics and safety of the bridge and trail will be considered as part of the preliminary design. 8. Review of observed damaged bridge approach slabs and bridge expansion joints. Provide recommendation and opinion of cost for best method of rehabilitation. Study Phase Presentation: Once the study has been completed, recommendations for the various options will be developed with the following data: 1. 3D renderings of proposed bridge /shared use path options 2. Plan and section view drawings showing improvements and interrelationship with adjacent property 3. Cost estimates for options in a line item format based on previous projects 4. Update of time line for project's future development 5. Presentation of data to City staff and as directed to neighbors 6. Present bridge approach and expansion joint rehabilitation method to county D. DESIGN CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. -4- 1. CONCEPT STATEMENT Section IV Complete and submit "Concept Statement for Federal -Aid Project" to the Iowa Department of Transportation. 2. PRELIMINARY PLANS (plan submittal) The CONSULTANT will prepare preliminary plans per Iowa Department of Transportation format, utilizing the base survey and utility information of preliminary stage of project. Plans and specifications shall be based on the "Standard Specifications for Highway and Bridge Construction ", Iowa Department of Transportation and City Design Standards as applicable and shall include: a. Plans for the addition of a five span bridge structure for a shared use path of a 10, 12, or 14' width. b. Shared use path plans for connection to the existing path at Water Works Park Trail head on the South, and the River Products Conklin Quarry east entrance on the north. Plan showing the limits of new pavement, pavement removal, storm drainage modifications C. The location of property lines, construction limits and the roadway right of way. d. Existing utilities and structures to be adjusted for construction. e. Address in the plans how the project is to be phased to allow minimal impact to Dubuque Street traffic. Implementation of CITY approved revisions per CITY and neighborhood Review g. Prepare and make submittals to the Corps of Engineers and Iowa Department of Natural Resources for approval or clearances. h. Communicate with affected utilities during the course of design. Coordinate storm drainage work with Water Works Park trail head and existing Butler Bridge drainage. End treatments for barrier between trail and roadway on bridge. k. Show proposed improvements to bridge approach slabs and expansion joints Prepare road and /or lane closure and detour plan based on Iowa Department of Transportation and City guidelines. M. Update Opinion of Project Cost based on the Preliminary Plans based on Iowa Department of Transportation and CITY standard bid items and compare it to the cost indicated in the Project -5- Section IV Budget Report. Break out costs between CITY federal aid items, COUNTY items, and CITY nonparticipating items. A discussion of the adequacy of the existing budget shall then occur between the CONSULTANT and the CITY and COUNTY. If the budget is not adequate, options shall be evaluated and recommendations shall be made to address any budget issues. 3. LAND ACQUISITION PLATS Land Acquisition Plats: The CONSULTANT will prepare survey plats and legal descriptions for all property and easement acquisitions required for the project including temporary and permanent easements. Furnish copies of the survey plats, signed by a Licensed Land Surveyor, to the CITY to begin the property appraisal and acquisition process. This agreement includes one Acquisition Plat. 4. CHECK PLANS / FINAL PLANS (plan submittals) Prepare Check and Final Plans per Iowa Department of Transportation format to include comments of the CITY and Iowa Department of Transportation from preliminary set and include: a. Special provisions as required for the project. b. Plans showing right of way, land acquisition and /or easements as required. C. Standard bid items final quantity estimates, and method of measurement and payment for work items of the project. Break out items, between CITY federal aid items, COUNTY items, and City nonparticipating items. d. Certify the construction documents, in accordance with the Iowa Department of Transportation and State of Iowa Requirements. e. Budget Review/ Engineers Opinion of Construction Cost. The CONSULTANT shall refine the previous Opinion of Cost based on final quantity information. Sources of unit prices used shall be documented. Break out costs between CITY federal aid items, COUNTY items, and CITY nonparticipating items. A comparison of the current total project budget with available funds shall be made. Any discrepancies will be identified and recommendations to address any budget issues will be made as part of this task. It is recognized that the CONSULTANT has no control over the contractor's means and methods of determining bid prices, the bidding climate and market conditions. Therefore the CONSULTANT cannot guarantee this cost opinion /estimate. 5. PROJECT DEVELOPMENT CERTIFICATION Prepare and submit project development certification to Iowa Department of Transportation to meet project timeline. sm E. BID PERIOD ASSISTANCE Section IV 1. Plan Clarification. The CONSULTANT shall be available to discuss the project with the CITY's project representative and representatives of the Iowa Department of Transportation Contracts Office to answer questions during the bid period. 2. Preparation and Distribution of Addendum: The CONSULTANT shall assist Iowa Department of Transportation to review contractor questions and assist to prepare addendums as necessary to be issued by Iowa Department of Transportation, Contracts Office. F. CONSTRUCTION PHASE ASSISTANCE 1. Preconstruction Meeting: CONSULTANT shall attend and participate in project preconstruction meeting at a location and time set by the CITY. 2. Plan Interpretation: CONSULTANT shall be available to provide plan interpretation during construction. G. DELIVERABLES CONSULTANT shall provide four (4) sets of 11 x 17 paper copies of the plans at the end of each phase for review and comment. Two (2) sets for the CITY's and two (2) sets for the COUNTY's use. 2. CONSULTANT shall provide paper copies of items such as opinions of cost, special provisions, renderings, etc. as applicable at review meetings. 3. CONSULTANT shall provide paper or electronic copies of documents to the IDOT at the designated review points: i.e., concept statement submittal, preliminary plan submittal, check plan submittal, final plan submittal. Consultant shall also provide copies of said documents to the CITY and COUNTY 4. CONSULTANT shall provide final plans and special provisions in paper and electronic format (AutoCAD release 10 and Microsoft Word) to the CITY upon completion of the bidding of the project. II. TIME OF COMPLETION The Consultant shall complete the phases of the Project in accordance with the schedule attached. See Exhibit A. The Consultant shall establish a detailed design and bidding time schedule with dates once Notice to Proceed is received. The schedule shall be prepared in close cooperation with the City and following the Iowa Department of Transportation Critical Path Schedule, which will permit a bid letting by the Iowa Department of Transportation. -7- III. GENERAL TERMS Section IV A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the CITY, the CONSULTANT shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY 's use of such documents on other projects. _ 8 _ Section IV The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT acknowledged that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT's liability for the CONSULTANT's negligent acts, errors and omissions to the CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. The CONSULTANT proposed to perform the services described above on an hourly basis not to exceed $78,700.00 dollars. The City shall pay the Consultant upon satisfactory completion and according to the following phased schedule. Fee A. Data Collection 7,580.00 B. Study Phase 7,790.00 C. Design 1. Concept Statement 1090.00 2. Preliminary Plans 12,190.00 3. Land Acquisition Plats 2,290.00 4. Check Plans / Final Plans 39,270.00 5. Project Development Certification 270.00 D. Bid Period Assistance 1,870.00 E. Preconstruction Meeting 600.00 Fee Subtotal $ 72,950.00 F. Geotechnical / Wetlands Subconsultant 5,750.00 Total Consultant and Sub - consultant Fee $ 78,700.00 Section IV Should it be mutually determined by CITY and CONSULTANT that work beyond the scope of this agreement is required it shall be performed in accordance with the attached Exhibit B 2010 Compensation Schedule. Any additional work shall be authorized in advance in writing by the CITY. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: mayor Date: July 12, 2010 ATTEST:_/'f'a4.e� City Clerk 1011 1 \contract \agreement gLTHNSULITANT By: Robert A. Bang, P. . Title: Vice President Date: July 7, 2010 Approved by: _J4t"X_ 4u6vv'v� P� City Attorney's Office -716110 Date Exhibit A Buttler Bridge Estimated Project Development Schedule Period Task "Month2Month I OMont "Month Month 81 Month FMonth 12 Month 13 1 Month 14 Month I Data Collection Study Phase IL :Prepare Concept Statement Iowa DOT Prelim Plan Review Right of Way Descripitions and Negotiate and Aquire Right of Way 'Prepare Check Plans Iowa DOT Check Plan Review Prepare Final Plans Iowa DOT Final Plan Review Letting Process Meetings / Public Involvement - Data Collection - Engineering Anlaysis - Juristictional Review PM - Public Meeting(s) HM- Notice To Proceed Shoemaker, Haaland The attached project schedule shows the anticipated time to complete the tasks associated with the Buttler Bridge Widening / Trail project and are based on an IDOT Type 2 Project. These times will be most dramatically affected by the reviewing agencies involved in the project. -10- Exhibit B Section IV SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS 2010 COMPENSATION SCHEDULE Engineer Landscape Architect CAD Design Draftsperson Engineering Technician Construction Inspector Survey Crew One Person with GPS One Person with Robotic Surveyor Administrative $65.00 to $130.00 /hour $67.00 to $99.00 /hour $51.00 to $89.00 /hour $44.00 to $80.00 /hour $63.00 to $97.00 /hour $118.00 to $133.00 /hour $107.00 to $122.00 /hour $77.00 to $110.00 /hour $26.00 to $49.00 /hour Rates include computer station and proprietary software. All reimbursable costs will be billed at cost plus 15 %. Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5041 RESOLUTION NO. 10 -361 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean -up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on August 16, 2010. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until August 16, 2010 payment maybe made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 10 -361 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 12th day of Jul Mayor ATTEST:2J City C k Approved dbbyC , City Attorney /s Office 2010. It was moved by . Champion and seconded by Bailey the Resolution be adopted, and upon roll call there was: AYES: x x x x x x x sue \Ord &Res�AbateRes. d oc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Properties To Be Assessed - July 2010 1+ Page 1 of 3 CXA160 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Property Address Legal Description I Parcel Number I Appraised Value I Property Owner I Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstanding 902 HUDSON AVE 0250 A BAILEY & BECK ADDITION 1016426002 $119,950.00 BENDIXEN, ANNE PROPERTY CLEANUP 1217/2009 $20.00 15149 $20.00 RD TRACT "A" AS DESCRIBEDIN SURVEY HARRIS, STEPHANIE S BOOK 30 PAGE 262 1905 CALIFORNIA AVE 1858 9 PART 1 MOUNT PROSPECT 1023161005 $127,250.00 CAMPBELL, KIMBERLY S SNOW REMOVAL 2/13 /201 $175.00 16254 $175.00 RD ADDITION LOT 9 HARRIS, STEPHANIE S 1811 CALIFORNIA AVE 1811 CALIFORNIA AVE 1023161008 $130,940.00 HARRIS, SHAWN A SNOW REMOVAL 2/12/2010 $175.00 16252 $175.00 RD 3RD UNIT LOT 16 BLK 5 HARRIS, STEPHANIE S 2012 WESTERN RD 08675 16 FAIR MEADOWS ADDITION 1023190012 $101,250.00 HENRY, RYAN T SNOW REMOVAL 2/18 /2010 $190.00 16193 $190.00 RD 3RD UNIT LOT 16 BLK 5 407 ELMRIDGE AVE 0623 42 COURT HILL ADDITION LOT 42 1013228004 $119,000.00 IVAN, JONATHAN D SNOW REMOVAL 2/18 /2010 $315.00 16197 $315.00 1405 PINE ST 12213 42 HIGHLAND DEVELOPMENT 1014379002 $110,960.00 JACKSON, RANDOLPH M SNOW REMOVAL 2/25/2010 $260.00 16212 $260.00 RD 2ND ADDITION LOT 42 BLK 3 1441 LAUREL ST 2208 101 PLUM GROVE ACRES 1015481002 $111,570.00 JACKSON, RANDOLPH M SNOW REMOVAL 2/12/2010 $195.00 16255 $195.00 RD SUBDIVISION, PART THREE LOT 101 1443 PRAIRIE DU CHIEN 3136 44 WHITING ADDITION PART 4 1003176001 $116,970.00 MARQUARDT, IVAN C SNOW REMOVAL 2/18 /2010 $385.00 16201 $385.00 RD LOT 44 Properties To Be Assessed - July 2010 Page 2 of 3 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice p Balance Outstanding 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) E 65' LOT 1 BLK 70 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 12116/2009 $315.00 15563 $3157 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 1/4/2010 $285.00 15651 $285.00 E 65' LOT 1 BLK 70 ImuuRE, 2/18/1 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 214/1 $880.00 16236 $880.00 E 65' LOT 1 BLK 70 ImuuRE, 2/18/1 940 ARLINGTON DR 3215 20 WINDSOR RIDGE - PART TWO 918161004 $350,770.00 DAVID E SNOW REMOVAL 2/24 /2010 $325.00 16211 $325.00 LOT 20 ImuuRE, 1903 MORNINGSIDE DR 18494 15 MORNINGSIDE ADDITION 1011454001 $189,610.00 MORROW, TODD A SNOW REMOVAL 2/4/2010 $375.00 16243 $375.00 LOTS 15 & 16 BLK 4 INILLES, 941 WEBSTER ST 20892 10 PAGE'S ADDITION LOT 10 BLK 1015158020 $103,220.00 ERIC J SNOW REMOVAL 2/12/2010 $185.00 16183 5.00 $18 2 INILLES, 1117 APPLE CT 2156 16 PEPPERWOOD ADD PT 1 & 2, 1023256008 $122,850.00 PERRY, NICOLE SNOW REMOVAL 1/1512010 $185.00 15633 $185.00 RESD LOTS 1 -24 LOT 16 ISHAVERS,STEPHEN 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 1/13/2010 $185.00 15666 $185.00 ADDITION PART 5 LOT 192 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 2/12/2010 $355.00 16234 $355.00 ADDITION PART 5 LOT 192 Properties To Be Assessed - July 2010 Page 3 of 3 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 1013253004 $132,790.00 ROBERSON, SHAHAB ALI SNOW REMOVAL 116/2010 $195.00 15642 $195.00 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 1013253004 $132,790.00 IROBERSON, SHAHAB ALI SNOW REMOVAL 2/18 /2010 $300.00 16229 $1 923 HIGHLAND AVE 15 79 6 COMM NE COR LOT 167, PLUM 1015476001 $138,700.00 RUMMELHART, LARRY C SNOW REMOVAL 2/12/2010 $320.00 16251 $320.00 GROVE ACRES PT 5; S 89 DEG E ISCHAFFER, SCHAFFER,DOROTHEA O 7 ALONG S/L HIGHLAND AVE 135.7' TO BEG FROM SAID PT OF BEG S 1 DEG VY 120% S 89 DEGE 79.4' TO W/L CRESCENT ST; N 120' TO S/L HIGHLAND AVE; N 89 DEG W 80' TO BEG 52 AMBER LN 1550 50 LAKESIDE ADDITION LOT 50 1023409011 $108,560.00 RONALD L SNOW REMOVAL 2/4 /201 $125.00 16250 $215.00 1 BLK 3 ISCHAFFER, SCHAFFER,DOROTHEA O 7 1204 ROCHESTER AVE 23813 1 ROSE HILL ADDITIONS 70' LOT 1011265004 $131,650.00 SMITH, MONICA M SNOW REMOVAL 1/19/2010 $215.00 15688 $215.00 1 BLK 3 ISTEWART,PAULD 5 HUMMINGBIRD LN 2447 78 SCOTT BOULEVARD EAST - 907362001 $250,210.00 BENJAMIN M SNOW REMOVAL 12/29/2009 $200.00 15550 $200.00 PART FOUR LOT 78 ISTEWART,PAULD 1906 CALIFORNIA AVE 1859 48 PART 1A MOUNT PROSPECT 1023159006 $106,440.00 BENJAMIN M SNOW REMOVAL 2/12 /2010 $155.00 16253 $155.00 ADDITION LOT 48 IT:TUS, TTUS, CATHERINE R 321 WINDSOR DR 3191 20 WINDSOR HEIGHTS THIRD 1011161003 $228,900.00 VAN ORDEN, LUCAS IV SNOW REMOVAL 12/17/2009 $135.00 15551 $135.00 ADDITION LOT 20 VANDERGAAST, NADIA 1914 WESTERN RD 08655 5 FAIR MEADOWS ADDITION 1ST 1023180001 $129,990.00 WARD, SAMUEL L LOCKE SNOW REMOVAL 2/18 /2010 $315.00 16194 $315.00 UNIT LOT 5 EX N 15'& N 10' LOT 6 BLK WARD, GRACE L LOCKE 5 Properties To Be Assessed - July 2010 y . �/ L,� yJ Page 1 of 5 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Property Address Le al Description I Parcel Number I Appraised Value jPrope Owner I Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance OutstandIn 902 HUDSON AVE 0250 A BAILEY & BECK ADDITION 1016426002 $119,950.00 BENDIXEN, ANNE PROPERTY CLEANUP 12/7/2009 $20.00 15149 $20.00 TRACT "A' AS DESCRIBEDIN SURVEY HARRIS, !!! E S A--� I BOOK 30 PAGE 262 1905 CALIFORNIA AVE 1858 9 PART 1 MOUNT PROSP T 1023161005 $127,250.00 CAMPBELL, KIMBERLY S SNOW REMOVAL 2/13/PZW $175.00 16254 $175.00 ADDITION LOT 9 HARRIS, !!! E S A--� I 1702 ALGONQUIN RD 4343 1702 MACKINAW VILLAGE TOWN 1004 8001 $142,010.00 CODELCO LLC OW REMOVAL 1/13/2010 $195.00 15660 $195.00 HOMES PART 1A UNIT 1702 HARRIS, !!! E S m 402 UPLAND AVE 0623 16 COURT HILL ADDITION LOT 16 1013228002 $120, 0.00 ILTON, SORAYAH SNOW REMOVAL 1/1412010 $215.00 15679 $215.00 z \ 1811 CALIFORNIA AVE 1811 CALIFORNIA AVE 102 1008 $130,940.00 HARRIS, SNOW REMOVAL 2/12/2010 $175.00 16252 $175.00 3RD UNIT LOT 16 BLK 5 HARRIS, !!! E S / \ 2012 WESTERN RD 08675 16 FAIR MEADOWS A ITION 1023190012 $101,250.00 HENRY, RYAN T OW REMOVAL 2/18 /2010 $190.00 16193 $190.00 3RD UNIT LOT 16 BLK 5 1HUTCHISON, I 1611 CROSBY LN 1265 99 HOLLYWOOD MANOR 1023276003 $110,990.00 HUTCHISON, ADAM C SNOW REMOVAL 1/13/2010 $185.00 15668 $185.00 ADD PART 2 LOT 99 ITIO 1HUTCHISON, 1611 CROSBY LN 1265 99 HOLLYWOOD MANOR 1023276003 $110,990.00 ADAM C SNOW REMOVAL 2/12/2010 $255.00 16233 $255.00 ADDITION PART 2 LOT 99 1HUTCHISON, Properties To Be Assessed - July 2010 Page 2 of 5 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 407 ELMRIDGE AVE 0623 42 COURT HILL ADDITION LOT 42 1013228004 $119,000.00 IVAN, JONATHAN D SNOW REMOVAL 2/18 12010 $315.00 16197 $315.00 1405 PINE ST 12213 42 HIGHLAND DEVELOPMENT 1014379002 $110,960.00 JACKSON, RANDOLPH M SNOW REMOVAL 2/25 /2010 $260.00 16212 $260.00 RD 2ND ADDITION LOT 42 BLK 3 Z11 JJAGKSON, 2/18/1 1441 LAUREL ST 2208 101 PLUM GROVE ACRES 1015481002 $111,570.00 RANDOLPH M SNOW REMOVAL 2/1212010 $195.00 16255 $195.00 RD SUBDIVISION, PART THREE LOT 101 Z11 JJAGKSON, 2/18/1 M 725 E DAVENPORT ST 206316 1 IOWA CITY (ORIGINAL TOWN) 1010186002 $53,120.00 LINAHON, DANIEL R SNOW REMOVAL 2124 /2010 $250.00 16210 $250.00 RD W 20' OF N 73' LOT 1 AND E 12' OF N Z11 LINAHON, JULIA Y 2/18/1 73' OF LOT 2 BLK 16 70 LINAHON, EMILEE T 910 HIGHLAND AVE 26772 5 SUNNYSIDE ADDITION TO 1015410005 $53,120.00 SS, AMANDA M SNOW REMOVAL 1/13/2010 $160.00 15670 $160.00 RD IOWA CITY E 40' LOT 5 BLK 2 & E 40' OF Z11 2/18/1 S 10' LOT 4 BLK2 1.11 I'll 1443 PRAIRIE DU CHIEN 3136 44 WHITING ADDITION PART 4 1003176001 $7 NIARQUARDT, IVAN C SNOW REMOVAL 2/18 /2010 $385.00 16201 $385.00 RD LOT 44 Z11 2/18/1 z 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMO 12/16/2009 $315.00 15563 $315.00 E 65' LOT 1 BLK 70 Z11 2/18/1 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL T N) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 1/4/2 $285.00 15651 $285.00 E 65' LOT 1 BLK 70 2/18/1 225 FAIRCHILD ST 4 206370 1 IOVVK CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 2/4/1 $880.00 16236 $880.00 E 65' LOT 1 BLK 70 2/18/1 Properties To Be Assessed - July 2010 Page 3 of 5 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 731 BOWERY ST COM AT INT OF S LINE OF BOWERY ST 1015109001 $205,380.00 MEHMEN, JEFFREY M & BETH E SNOW REMOVAL 2/19/2010 $475.00 16206 $475.00 & W LINE OF LUCAS ST S ALONG W 1 SIDE OF LUCAS ST 100'W 120'N 100'& E 115.7' TO BEG IN NE 1130 SHERIDAN AVE 0149 20 A E SWISHERS ADDITION LOT 1014251011 $146,120.00 ME I ZLER, MICHAEL D SNOW REMOVAL 2/1 /2010 $165.00 16240 $165.00 20 7o.00 KRAUS, JACQUELINE J 120'; N 50'; E 120'; S ALONG E/L BLK 2 1 M 940 ARLINGTON DR 3215 20 WINDSOR RIDGE - PART TWO 918161004 $350,770.00 MOORS, DAVID E SNOW REMOVAL 2/24/ $325.00 16211 $325.00 LOT 20 7o.00 IMORROWTODDA I 1903 MORNINGSIDE DR 1849415 MORNINGSIDE ADDITION 1011454001 $207,040.00 MULFORD STIN SN REMOVAL 2/4 /2010 $375.00 16243 $375.00 LOTS 15 & 16 BLK 4 7o.00 IMORROWTODDA I 111 S GOVERNOR ST 20632 1 IOWA CITY (ORIGINAL TOWN) 1010479002 $207,040.00 MULFORD STIN SNOW REMOVAL 2/4 /2010 $155.00 16247 $75.00 COM 111.25' S OF NE CDR BLK 2; W SHAVERS, STEPHEN 120'; N 50'; E 120'; S ALONG E/L BLK 2 TO BEG N 115 S GOVERNOR ST 20632 1 IOWA CITY (ORIGINAL TOWN) 1010479003 $ 4,520.00 MULFORD, JUSTI SNOW REMOVAL 2/4/2010 $170.00 16248 $75.00 BEG 160'N OF SE COR BLK 2; W 120'; N SHAVERS, STEPHEN 50'; E 120'; S 50' TO BEG 410 MELROSE CT 0407 15 BROOKLAND PARK ADDITION 1016139005 / $231,720.00 NASSIF, EDWARD G SN REMOVAL 1/2912010 $175.00 15690 $175.00 LOT 15 'A SHAVERS, STEPHEN 0 941 WEBSTER ST 20892 10 PAGE'S ADDIT N LOT 10 BLK 1015158020 $103,220.00 NILLES, ERIC J SNOW REMOVAL 2/12/2010 $185.00 16183 $185.00 2 / SHAVERS, STEPHEN 1117 APPLE CT 2156 ERWOOD ADD PT 1 & 2, 1023256008 $122,850.00 PERRY, NICOLE SNOW REMOVAL 1/15/2010 $185.00 15633 $185.00 RESU LOTS 1 -24 LOT 16 SHAVERS, STEPHEN Properties To Be Assessed - July 2010 Page 4 of 5 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstandin 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 1113/201 $185.00 15666 $185.00 ADDITION PART 5 LOT 192 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 2112/2010 $355.00 16234 $355.00 ADDITION PART 5 LOT 192 SCHAFFER, DOROTHEA i 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 10132 004 $132,790.00 ROBERSON, SHAHAB ALI SNOW REMOVAL 1/6/2010 $195.00 15642 $195.00 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 1013253004 32,790.00 ROBERSON, SHAHAB ALI 77-1200VAL 2/1812010 $300.00 16229 $300.00 I 923 HIGHLAND AVE 15 79 6 COMM NE COR LOT 167, PLUM 1015476001 x $138,700.00 11 UMMELHART RRY C SNOW REMOVAL 2/12/2010 $320.00 16251 $320.00 GROVE ACRES PT 5; S 89 DEG E SCHAFFER, DOROTHEA ALONG S/L HIGHLAND AVE 135.7' TO BEG FROM SAID PT OF BEG S 1 DEG 120'; S 89 DEGE 79.4' TO W/L CRESCENT ST; N 120' TO S/L HIGHLAND AVE; N 89 DEG W 80' TO BEG 52 AMBER LN 1550 50 LAKESIDE ADDITION LOT 50 1023409011 $108,560.00 SCHAFFER, RONALD L SNOW REMOVAL 2/4 /201 $125.00 16250 $125.00 1 BLK 3 SCHAFFER, DOROTHEA 1204 ROCHESTER AVE 238131 ROSE HILL ADDITIONS 70' LOT 1011265004 $131,650.00 SMITH, MONICA M SNO EMOVAL 1/19/2010 $215.00 15688 $215.00 1 BLK 3 TITUS, CATHERINE R 5 HUMMINGBIRD LN 2447 78 SCOTT BOULE RD EAST - 907362001 $250,210.00 STEWART, PAUL D SNOW REMOVAL 12/29/2009 $200.00 15550 $200.00 PART FOUR LOT 78 TITUS, CATHERINE R 1906 CALIFORNIA AVE 1859 48 ART to MOUNT PROSPECT 1023159006 $106,440.00 TITUS, BENJAMIN M SNOW REMOVAL 211212010 $155.00 16253 $155.00 ADDITION LOT 48 TITUS, CATHERINE R Properties To Be Assessed - July 2010 Page 5 of 5 jProperty Address 11-egal Description I Parcel Number I Appraised Value jPrope Owner Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstandin 321 WINDSOR DR 3191 20 WINDSOR HEIGHTS THIRD 1011161003 $228,900.00 VAN ORDEN, LUCAS IV SNOW REMOVAL 12/17/2009 $135.00 15551 $135.00 ADDITION LOT 20 VANDERGAAST, NADIA 2/5/1 m 618 FAIRCHILD ST 206330 5 IOWA CITY (ORIGINAL TOWN) 1010151001 $1 ,250.00 VARGASON, TERRY J SNOW REMOVAL 1115/1 $595.00 16232 $395.00 S 1/2 LOT 5 BLK 30 MELLECKER, SUSAN E 2/5/1 5 2/26/1 m 2706 FRIENDSHIP ST 0635 163 COURT HILL ADDITION PART 1013205006 $174,460.00 ANLASS, ZARA M SNOW REMOVAL 2/17 12010 $255.00 16198 $255.00 3 LOT 163 RD, GRA L LOCKE 0� 1914 WESTERN RD 08655 5 FAIR MEADOWS ADDITION 1ST 1023180001 $129,990.00 W SA UEL L LOCKE SNOW REMOVAL 2/18 /2010 $315.00 16194 $315.00 UNIT LOT 5 EX N 15' & N 10' LOT 6 BLK RD, GRA L LOCKE 5 July 2, 2010 Name Address City, State, ZIP Dear Property Owner: mlillr AZ=M INI CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on July 12, 2010 that will assess against your property the cost that the City has incurred to do one of the. following: unpaid mowing, clean -up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks . office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division- w /enc. Properties To Be Assessed - July 2010 e, xIgI bi�� CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Iq Page 1 of 7 Property Address Legal Description Parcel Number I Appraised Value jProperty Owner Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstanding 210 E DAVENPORT ST 206370 6 IOWA CITY (ORIGINAL TOWN) 1010282012 $199,630.00 ALBERTSON, GARY SNOW REMOVAL 2/18/2 $230.00 16237 $230.00 40' OF S 90' LOT HAMDORF, GARRY /L / 902 HUDSON AVE 0250 A BAILEY & BECK ADDITION 1016426002 $119,950.00 BENDIXEN, ANNE PROPER LEANUP 12/7/2009 $20.00 15149 $20.00 TRACT "A' AS DESCRIBEDIN SURVEY BOOK 30 PAGE 262 619 N JOHNSON ST 206334 1 IOWA CITY (ORIGINAL TOW 1010137003 $161,810.00 BERNER, DOUG S SNOW REMOVAL 1/13/201 $145.00 15656 $145.00 S 75' OF E 75' LOT 1 BLK 34 419 S 7TH AVE 2332 21 RIDGEWOOD LOT 21 & 1/33 INT 1014201012 $ 610API BLACK, JOAN M SNOW REMOVAL 2/1/2010 $215.00 16292 $115.00 IN RIDGEWOOD PARK 1905 CALIFORNIA AVE 1858 9 PART 1 MOUNT PROSPECT 102316 05 $74,880.00 AMPBEX KIMBERLY S SNOW REMOVAL 2/13/201 $175.00 16254 $175.00 ADDITION LOT 9 1430 CRESCENT ST 26775 7 SUNNYSIDE ADDITION TO 1014354013 $74,880.00 CARNEY, NICHOLAS S S REMOVAL 1/13/2010 $250.00 15669 $250.00 OWA CITY LOT 7 BLK 5 1702 ALGONQUIN RD 1702 MACK VILLAGE TOWN 1004158001 $142,010.00 CODELCO LLC SNOW REMOVAL 1/13 $195.00 15660 $195.00 14343 HOMES PART 1 UNIT 1702 1220 MARCY ST 2/071 5 SUNNYSIDE ADDITION TO 1015409005 $106,310.00 GREAZEL, DAVID C & AMY L SNOW REMOVAL 2/26/2010 $435.00 16221 $435.00 fOWA CITY LOT 5 BLK 1 Properties To Be Assessed - July 2010 Page 2 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 830 BOWERY ST 1379 JEROMES ADDITION LOT R 1015105001 $137,240.00 GROVE, MARK & MAUREEN SNOW REMOVAL 2/1 /2010 $205.00 16238 $205.00 402 UPLAND AVE 0623 16 COURT HILL ADDITION LOT 16 1013228002 $120,690.00 F ILTON, SORAYAH SNOW REMOVAL 1!14/2010 $215.00 "I $215.00 1811 CALIFORNIA AVE 1811 CALIFORNIA AVE 1023161008 130,940.00 HARRIS, SHAWN A SNOW REMOVAL 2/12/2010 $175.00 16252 $175.00 LOT - 32 L 17 HARRIS, STEPHANIE S 547 WEST SIDE DR 308517 WEST SIDE PARK, RESUB OF 1020132002 $167,07 0 H IELD, MALIK S SNOW REMOVAL 1/4/2010 $170.00 15655 $170.00 LOT - 32 L 17 HU, JUDY C 70 �Xi' / \ 2012 WESTERN RD 08675 16 FAIR MEADOWS ADDITION 1023190012 $101,250.00 HEN , RYAN T SNOW REMOVAL 2/18/2010 $190.00 16193 $190.00 3RD UNIT LOT 16 BLK 5 HU, JUDY C \ 412 KIMBALL RD 2466 31 03 -79 -6, SUBDIVISION OF SE 1003481015 $143,850.00 HU, HUNG -SHU SNOW REMOVA 2/26 /2010 $290.00 16219 $190.00 1/4 W 94.8' LOT 31 HU, JUDY C 1611 CROSBY LN 1265 99 HOLLYWOOD MANOR 1023276003 $110,990.00 HUTCHISON, ADAM C SNOW REMOVAL 1/1 010 $185.00 15668 $185.00 ADDITION PART 2 LOT 99 1611 CROSBY LN 1265 99 HOLLYWOOD NOR 1023276003 $110,990.00 HUTCHISON, ADAM C SNOW REMOVAL 2/12!2010 $255.00 133 62 $255.00 ADDITION PART 2 LO 99 70 �Xi' 222 DAVENPORT ST 2063 7 IOWA CITY (ORIGINAL TOWN) 1010282015 $214,660.00 IC RENTALS LC SNOW REMOVAL 1/14/2010 $185.00 15677 $185.00 E 'LOT7 &WTOF T8BLK 70 �Xi' Properties To Be Assessed - July 2010 Page 3 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 222 DAVENPORT ST 206370 7 IOWA CITY (ORIGINAL TOWN) 1010282015 $214,660.00 IC RENTALS LC W REMOVAL 2/181201 $150.00 16231 $15 . 0 E40' LOT 71, W3'OFS50' LOT 11 BLK LINAHON, EMILEE T 0 407 ELMRIDGE AVE 0623 42 COURT HILL ADDITION LOT 42 1013228004 $119,000.00 IVAN, JONATHAN D SNOW REMO Z 2/17 $315.00 16197 $315.00 1405 PINE ST 12213 42 HIGHLAND DEVELOPMENT 101437V02 $110,960.00 JACKSON, RANDOLPH M REMOVAL 2/25/2010 $260.00 16212 $260.00 RD 2ND ADDITION LOT 42 BLK 3 ,,T 1 1441 LAUREL ST 2208 101 PLUM GROVE ACRES 1015481002 $111, 00 JACKSON, RAND PH M SNOW REMOVAL 2/12/2010 $195.00 16255 $195.00 RD SUBDIVISION, PART THREE LOT 101 LINAHON, JULIA Y 1 /'\1 44 AMHUR T 2027 264 OAK DS ADDITION PART 12184016 $11 0.0 KLEMME, N OW REMOVAL 2/12 /2010 $150.00 16185 $150.00 RD 6 LOT LINAHON, JULIA Y 725 E DAVENPORT ST 206316 1 IOWA CITY (ORIGINAL TOWN) 1010186002 $135,500.00 LINAHON, DANIEL R NOW REMOVAL 2/24 /2010 $250.00 16210 $250.00 RD W 20' OF N 73' LOT 1 AND E 12' OF N LINAHON, JULIA Y 73' OF LOT 2 BLK 16 LINAHON, EMILEE T 910 HIGHLAND AVE 26772 5 SUNNYSIDE ADDITION TO 1015410005 $53,120.00 AMANDA M SNOW REMOVAL 1113/2010 $160.00 15670 $160.00 RD IOWA CITY E40'LOT5 BLK 2 &E40'OF S 10' LOT 4 BLK2 IMAASS, 1443 PRAIRIE DU CHIEN 3136 44 WHITING ADDITI PART 4 1003176001 $116,970.00 MARQUARDT, IVAN C SNOW REMOVAL 2/18/2010 $385.00 16201 $385.00 RD LOT 44 225 FAIRCHILD ST 206370 1 WA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 12/16/2009 $315.00 15563 $315.00 E 65' LQT 1 BLK 70 Properties To Be Assessed - July 2010 Page 4 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) E 65' LOT 1 BLK 70 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 1/4/2010 $285.00 15651 $285.00 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 2/4/10 $880.00 16236 .00 E 65' LOT 1 BLK 70 RAUS, JACQUELINE J 2/18/1 731 BOWERY ST COM AT INT OF S LINE OF BOWERY ST 101510900 $205,380.00 JEFFREY M & BETH E SNOW REMOVAL 2/19 /2010 $475.00 16206 $475.00 & W LINE OF LUCAS ST S ALONG W RAUS, JACQUELINE J SIDE OF LUCAS ST 1 00' W 120' N 100' & IMEHMEN, E 115.7'TO BEG IN NE 1130 SHERIDAN AVE 0149 20 A E SWISHERS ADDITION LOT 1014251011 $146,120.00 METZLER, MICHAEL D SNOW OVAL 2/1/2010 $165.00 16240 $165.00 20 RAUS, JACQUELINE J 940 ARLINGTON DR 3215 20 WINDSOR RIDGE - PART TWO 918161004 $350,770.00 MOORE, D E SNOW REMOVAL 2/24 /2010 $325.00 16211 $325.00 LOT 20 INASSIF, 120'; N 50'; E 120'; S ALONG BLK 2 IMULFORD, TO BEG 1903 MORNINGSIDE DR 18494 15 MORNINGSIDE ADDITION 101145401,,z'$189,610.00 $207,040.00 MORROW, TODD A SNOW REMOVAL 2/4/2010 $375.00 16243 $375.00 LOTS 15 & 16 BLK 4 INASSIF, 120'; N 50'; E 120'; S ALONG BLK 2 IMULFORD, �J 111 S GOVERNOR ST 20632 1 IOWA CITY (ORIGINAL TOVVN5 1010479002 $207,040.00 JUSTIN SNOW REM L 2/4/2010 $155.00 16247 $75.00 COM 111.25' S OF NE COR BLK W INASSIF, 120'; N 50'; E 120'; S ALONG BLK 2 IMULFORD, TO BEG 115 S GOVERNOR ST 20632 1 IOW ITY (ORIGINAL TOWN) 1010479003 $224,520.00 JUSTIN SNOW REMOVAL 2/4/2 $170.00 16248 $75.00 BEG 160'N F SE COR BLK 2; W 120'; N INASSIF, 50'; E 1 '; S 50' TO BEG IMULFORD, 410 MELROSE CT 0407 15 BROOKLAND PARK ADDITION 1016139005 $231,720.00 EDWARD G SNOW REMOVAL 1/29/2010 --W5AOJ 15690 $175.00 LOT 15 INASSIF, Properties To Be Assessed - July 2010 Page 5 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 941 WEBSTER ST 20892 10 PAGE'S ADDITION LOT 10 BLK 2 1015158020 $103,220.00 NILLES, ERIC J SNOW REMOVAL 2/12/2010 $185.00 16183 $185.00 1117 APPLE CT 2156 16 PEPPERWOOD ADD PT 1 & 2, 1023256008 $122,850.00 PERRY, NICOLE SNOW REMOVAL 1/15/2010 $185.00 15633 $185.00 RESD LOTS 1 -24 LOT 16 1 SHAVERS, STEPHEN 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 1/13/2010 $185.00 66 $185.00 ADDITION PART 5 LOT 192 1 ROGERS, MAUREEN E DELANEY 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 2/12/2010 $355.00 16234 $355.00 ADDITION PART 5 LOT 192 1 ROGERS, MAUREEN E DELANEY 324 S LUCAS ST 2063 OL29 IOWA CITY (ORIGINAL 10486004 $198,420 PROSP US PROPERT L SNOW REMOVAL 2/19 /2010 $365.00 16208 $365.00 TOWN) C OF SW COR ROGERS, MAUREEN E DELANEY OUT 29; N 55'; 92' TO i 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 1013253004 $132,790.00 ROSERSON, SHAHAB ALI SNOW OVAL 1/612010 $195.00 15642 $195.00 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 1013253004 $132,790.00 IROBERSON, SHAHAB ALI SNOW REMOVAL 2/18/201 $300.00 16229 $300.00 1229 E BURLINGTON ST 2007 3 O ITION NO. 1, 391003 $203,140.00 ROBINSON, GEORGE JOHN It PROPERTY CLEANUP 11/23/2009 $55.50 15140 $55.50 SUB ISION OF LO ROGERS, MAUREEN E DELANEY 808 E DAVENPORT ST 8 5 IOW CITY (ORIGINAL TOWN) 1010182009 $125,940.00 ROGERS, THOMAS N R SNOW REMOVAL 12/29/200 $195.00 15539 $195.00 E ' OF S40' LOT 5 BILK 8 ROGERS, MAUREEN E DELANEY r Properties To Be Assessed - July 2010 Page 6 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 923 HIGHLAND AVE 15 79 6 COMM NE COR LOT 167, PLUM 1015476001 $138,700.00 RUMMELHART, LARRY C SNOW REMOVAL 2/12/2010 $320.00 16251 $320.00 GROVE ACRES PT 5; S 89 DEG E ALONG S/L HIGHLAND AVE 135.7' TO BEG FROM SAID PT OF BEG S 1 DEG 120'; S 89 DEGE 79.4' TO W/L CRESCENT ST; N 120' TO S/L HIGHLAND AVE; N 89 DEG W 80' TO BEG 52 AMBER LN 1550 50 LAKESIDE ADDITION LOT 50 1023409011 $108,560.00 RONALD L SNOW REMOVAL 2/4 /201 $125.00 16250 $125.00 9 & 2 EXCEPT LAND ISCHAFFER, SCHAFFER, DOROTHEA 0 I _2 2425 MUSCATINE AVE 28172 9 TOWNCREST ADDITION LOTS 8002 $1,595,030.00 SCP 2006 -C23 -061 LLC SNOW REMOVAL 1/13/2010 $220.00 657 $220.00 9 & 2 EXCEPT LAND >< I _2 DESCRIBED D IN BK 675 1204 ROCHESTER AVE 23813 1 ROSE HILL ADDITION S 70' LOT 101126 04 $131,650.00 SMITH, MONICA M SNOW REMO 1/19/2010 $215.00 15688 $215.00 1 BLK 3 >< I _2 5 HUMMINGBIRD LN 2447 78 SCOTT BOULEVARD EAST- 907362001 $250,210.0 STEWART, L D SNOW REMOVAL 12/29/2009 $200.00 15550 $200.00 PART FOUR LOT 78 >< I _2 525 S LUCAS ST 1980 8 OAK HILL ADDITION N 30' LOT 8 1015104017 $151,870.00 TAMBOURINE, ARVUR G SNOW REMOVAL 1/6/2010 $150.00 15650 50.00 & S 10' LOT 7 TAMBOURINE MARL E KELLER _2 1906 CALIFORNIA AVE 1859 48 PART 1A MOUNT PROSP 1023159006 $106,440.00 BENJAMIN M S W REMOVAL 2/12 /2010 $155.00 16253 $135.00 ADDITION LOT 48 JT�TUS, TTUS, CATHERINE R 321 WINDSOR DR 3191 20 WI SOR HEIGHTS THIRD 1011161003 $228,900.00 N ORDEN, LUCAS IV SNOW REMOVAL 12/17/2009 $135.00 15551 $135.00 ADDITIO LOT 20 JVAANDERGAAST, NADIA 1424 SHERIDAN AVE 23905 12 RUNDELL ADDITION LOT 12 1014278013 $134,810.00 VANREKOM, PETTI SNOW REMOVAL 11,17 010 $305.00 15683 $80 K5 Properties To Be Assessed - July 2010 Page 7 of 7 Property Address Legal Description Parcel Number I Appraised Value jProperty Owner Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstanding 618 FAIRCHILD ST 206330 5 IOWA CITY (ORIGINAL TOWN) 1010151001 $197,250.00 VARGASON, TERRY J SNOW REMOVAL 1/15/1 $595.00 16232 _$595. LN S 112 LOT 5 BLK 30 101728402 MELLECKER, SUSAN E 2/5/1 5 2/26/1 2706 FRIENDSHIP ST 0635 163 COURT HILL ADDITION PART 1013205006 $174,460.00 WAN LASS, ZARA M SNOW REMOVAL 2/17/2010 $255.00 16198 $255.00 LN 3 LOT 163 101728402 WARD, GRACE L LOCKE m 1914 WESTERN RD 08655 5 FAIR MEADOWS ADDITION 1ST 1023180001 $129,990.00 WARD, SAMUEL L LOCKE SNOW REMOVAL /2010 $315.00 16194 $315.00 LN UNIT LOT 5 EX N 15'& N 10' LOT 6 BLK 101728402 WARD, GRACE L LOCKE 5 2360 WILLOWBROOKE LOT 33, CAMERON SUBDIVISION 1017284001 $ 81,490.00 WILLOWBROOKE POLUTE OW REMOVAL 211/2010 $475.00 16241 $475.00 LN 101728402 OWNERS ASSOCIATION i Properties To Be Assessed - July 2010 e�xlq1h1� ,9/1 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Page 1 of 7 W33 Property Address Legal Description Parcel Number I Appraised Value I Property Owner Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstanding 210 E DAVENPORT ST 206370 6 IOWA CITY (ORIGINAL TOWN) 1010282012 $199,630.00 ALBERTSON, GARY SNOW REMOVAL 2/18 /201 $230.00 16237 $230.00 W 40' OF S 90' LOT 6 BLK 70 JHAMDORF, GARRY 902 HUDSON AVE 0250 A BAIL & BECK ADDITION 1016426002 $119,950.00 BENDIXEN, ANNE PROPERTY CLEANUP 12/7/2009 $2 0.00 15149 $20.00 TRACT "A" AS D RIBEDIN SURVEY 1CODELCO BOOK 30 PAGE 262 619 N JOHNSON ST 206334 1 IOWA CITY (ORIGINAL TOWN) 1 137003 $161,810.00 BERNER, DOUGLAS S SNOW REMOVAL 1/13/2010 $145.00 15656 $145.00 N 43' OF S 75' OF E 75' LOT 1 BLK 34 1CODELCO I 419 S 7TH AVE 2332 21 RIDGEWOOD LOT 21 & 1/33 INT 1014201012 $145,610.00 B Lm JOAN M SNOW REMOVAL 2/1/201 U $215.00 16292 $115.00 IN RIDGEWOOD PARK 1CODELCO 1905 CALIFORNIA AVE 1858 9 PART 1 MOUNT PROSPECT 1023161005 i $127,250 CAMPBELL, KIMBERLY S S REMOVAL 2/13/201 $175.00 16254 $175.00 ADDITION LOT 9 1CODELCO 0 1430 CRESCENT ST 26775 7 SUNNYSIDE ADDITION TO 1014354013 $74,880.00 CARNEY, NICHOLAS S SNOW REMOVAL 1/13/201 $250.00 15669 $250.00 IOWA CITY LOT 7 BLK 5 1CODELCO 1702 ALGONQUIN RD 4343 1702 MACKINAW VILLAGE TOWN 1004158001 $142,010.00 LLC NOW REMOVAL 1/13/2010 5.00 15660 $195.00 HOMES PART 1A UNIT 1702 1CODELCO 1220 MARCY ST 267715 SUNNYSIDE ADDITION TO 1015409005 $106,310.00 GREAZEL, DAVID C & AMYL SNOW REMOVAL 2/26 /2010 $435.00 16221 $435.00 I? WA CITY LOT 5 BLK 1 Properties To Be Assessed - July 2010 Page 2 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 830 BOWERY ST 1379 JEROMES ADDITION LOT R 1015105001 $137,240.00 GROVE, MARK & MAUREEN SNOW REMOVAL 2/1 /2010 $205.00 16238 $205.00 402 UPLAND AVE 0623 16 COURT HILL ADDITION LOT 16 1013228002 $120,690.00 HAMILTON, SORAYAH SNOW REMOVAL 1/14/2010 $215.00 15679 $215.00 I 1811 CALIFORNIA AVE 1811 CALIFORNIA AVE 1023161008 $130,940.00 HARRIS, SHAWN A SNOW REMOVAL 2/12 /2010 $175.00 16252 $175.00 LOTS 25 - 32 LOT 17 HARRIS, STEPHANIE S 547 WEST SIDE DR 3085 17 WEST SIDE PARK, RESUB OF 1020132002 $167,070.00 HENFIELD, MALIK S SN EMOVAL 1/4/2010 $170.00 15655 $170.00 LOTS 25 - 32 LOT 17 HU, JUDY C I 2012 WESTERN RD 08675 16 FAIR MEADOWS ADDITION 1023190012 $101,250.00 HEN YAN T SNOW REMOVAL 2/18/2010 $190.00 16193 $190.00 3RD UNIT LOT 16 BLK 5 HU, JUDY C I 412 KIMBALL RD 2466 31 03 -79 -6, SUBDIVISION OF SE 100348101 $143,850.00 HU, HUNG -SHU SNOW REMOVAL 2/26 /2010 $290.00 16219 $190.00 1/4 W 94.8' LOT 31 HU, JUDY C 1611 CROSBY LN 1265 99 HOLLYWOOD MANOR 1023276003 $110,990.00 I CHISON, ADAM C SNOW MOVAL 1/13/2010 $185.00 15668 $185.00 ADDITION PART 2 LOT 99 Imu 1611 CROSBY LN 1265 99 HOLLY WOOD MANOR 00 10232763 $110,990.00 HUTCHISON, ADAM C SNOW REMOVAL 2/12 /2010 $255.00 16233 $255.00 ADDITION P T 2 LOT 99 f 222 DAVENPORT ST 370 7 IOWA CITY (ORIGINAL TOWN) 1010282015 $214,660.00 IC RENTALS LC SNOW REMOVAL 1/14/2 0 $185.00 15677 $185.00 0'LOT7 &W3'OFS50'LOT8BLK T70 Properties To Be Assessed - July 2010 Page 3 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 222 DAVENPORT ST 206370 7 IOWA CITY (ORIGINAL TOWN) 1010282015 $214,660.00 IC RENTALS LC SNOW REMOVAL 2/18/2010 $150.00 16231 $150.00 E 40'LOT 7 & W TOF S 50'LOT 8 BLK LINAHON, EMILEE T 70 407 ELMRIDGE AVE 0623 42 COURT HILL ADDITION LOT 42 1013228004 $119,000.00 IVAN, JONATHAN D SNOW REMOVAL 2/18 /2010 $315.00 16197 $315.00 1405 PINE ST 12213 42 HIGHLAND DEVELOPMENT 101 79002 $110,960.00 JACKSON, RANDOLPH M SNOW REMOVAL 2/2 0 $260.00 16212 $260.00 RD 2ND ADDITION LOT 42 BLK 3 LINAHON, JULIA Y 1 M 1441 LAUREL ST 2208 101 PLUM GROVE ACRES 1015481002 $11 tk 70.00 JACKSON, RANDOLPH M S REMOVAL 2/12 /2010 $195.00 16255 $195.00 RD SUBDIVISION, PART THREE LOT 101 LINAHON, JULIA Y 1 244 AMHURST ST 2027 264 OAKWOODS ADDITION PART 1012184016 $118,370.00 KLE URIE A SNOW REMOVAL 2/12 12010 $150.00 16185 $150.00 RD 6 LOT 264 LINAHON, JULIA Y 1 725 E DAVENPORT ST 206316 1 IOWA CITY (ORIGINAL TOWN) 1010186002 135,500.00 LINAHON, DANIEL R SNOW REMOVAL 2/24 /2010 $250.00 16210 $250.00 RD W 20' OF N 73' LOT 1 AND E 12' OF N LINAHON, JULIA Y 73' OF LOT 2 BLK 16 LINAHON, EMILEE T 910 HIGHLAND AVE 26772 5 SUNNYSIDE ADDITION TO 1015410005 $53,120.00 MAASS, AMANDA M SNOW REDIIAL 1/1312010 $160.00 15670 $160.00 RD IOWA CITY E 40' LOT 5 BLK 2 & E 40' O S 10' LOT 4 BLK2 M 1443 PRAIRIE DU CHIEN 3136 44 WHITING ADDI N PART 4 1003176001 $116,970.00 MARQUARDT, IVAN C SNOW REMOVAL 2/18/2010 $385.00 16201 $385.00 RD LOT 44 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 12/16/2009 $315.00 15563 $315.00 E 65' LOT 1 BLK 70 Properties To Be Assessed - July 2010 Page 4 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 225 FAIRCHILD ST 206370 1 IOWA CITY (ORIGINAL TOWN) E 65' LOT 1 BLK 70 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 1/4/2010 $285.00 15651 $285.00 225 FAIRCHILD ST 2063701 IOWA CITY (ORIGINAL TOWN) 1010282001 $345,640.00 MCCULLOUGH, DAVID L SNOW REMOVAL 2/4/1 $880.00 16236 $880.00 E 65' LOT 1 BLK 70 KRAUS, JACQUELINE J 2/18/1 731 BOWERY ST COM AT INT OF S LINE OF BOWERY ST 1015 09001 $205,380.00 MERMEN, JEFFREY M & BETH E SNOW REMOVAL 2/19 /2010 An.00 16206 $475.00 & W LINE OF LUCAS ST S ALONG W KRAUS, JACQUELINE J 1 SIDE OF LUCAS ST 100'W 120'N 100'& IMULFORD, """"'$ E 115.7' TO BEG IN NE 1130 SHERIDAN AVE 0149 20 A E SWISHERS ADDITION LOT 1014251011 $146,120.00 METZLER, MICHAEL D SNOW REMOVAL 2/1 /2010 $165.00 16240 $165.00 20 KRAUS, JACQUELINE J 1 940 ARLINGTON DR 3215 20 WINDSOR RIDGE - PART TWO 918161004 $350,770.0 MOORE, DAVID E SNOW REMOVAL 2/24/2010 $325.00 16211 $325.00 LOT 20 INASSIF, 1 \ 1903 MORN INGSIDE DR 18494 15 MORNINGSIDE ADDITION 1011454001 $189,610. MORROW, DD A SNOW REMOVAL 214/2010 $375.00 16243 $375.00 LOTS 15 & 16 BLK 4 INASSIF, 1 111 S GOVERNOR ST 20632 1 IOWA CITY (ORIGINAL TOWN) 10 79002 $207,040.00 MULFORD, JUSTIN OW REMOVAL 2/4/2010 $155.00 16247 $75.00 COM 111.25' S OF NE COR BLK 2; W INASSIF, 120'; N 50'; E 120'; S ALONG E/L BLK 2 IMULFORD, TO BEG % \r� 115 S GOVERNOR ST 20632 1 IOWA CITY (ORIGINAL TOWN) 1010479003 $224,520.00 JUSTIN SNOW REMOVAL 2/4 /2010 $170.00 16248 $75.00 BEG 160'N OF SE CDR Bl -re2, W 120'; N INASSIF, 50` E 120'; S 50' TO BECK IMULFORD, 410 MELROSE CT 0407 15 B OKLAND PARK ADDITION 1016139005 $231,720.00 EDWARD G SNOW REMOVAL 1/29/2010 $175.00 15690 $175.00 LOT 15 _ INASSIF, Properties To Be Assessed - July 2010 Page 5 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 941 WEBSTER ST 20892 10 PAGE'S ADDITION LOT 10 BLK 2 1015158020 $103,220.00 NILLES, ERIC J SNOW REMOVAL 2/12/2010 $185.00 16183 $185.00 1117 APPLE CT 2156 16 PEPPERWOOD ADD PT 1 & 2, 1023256008 $122,850.00 PERRY, NICOLE SNOW REMOVAL 1/15/2010 $185.00 15633 $185.00 RESD LOTS 1 -24 LOT 16 SHAVERS, STEPHEN OUTLOT 29, N 55'; E 92'; S 55'; W 92' TO i 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870.00 PORTER, TRAVIS SNOW REMOVAL 1/13/201 .00 15666 $185.00 ADDITION PART 5 LOT 192 ROGERS, MAUREEN E DELANEY 1688 BURNS AVE 1268 192 HOLLYWOOD MANOR 1023286001 $148,870. PORTER, TRAVIS SNOW REMOVAL 2/12 /2010 $355.00 16234 $355.00 ADDITION PART 5 LOT 192 ROGERS, MAUREEN E DELANEY 324 S LUCAS ST 2063 OL29 IOWA CITY (ORIGINAL 1010486004 $198,420.00 P LLC SNOW REMOVAL 2/19/2010 $365.00 16208 $365.00 TOWN) COM 80' N OF SW CDR ROGERS, MAUREEN E DELANEY OUTLOT 29, N 55'; E 92'; S 55'; W 92' TO BEG 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 10132530041Z 1ROBERSOK SHAHAB ALI SNOW REMOVAL 1/6/2010 $195.00 15642 $195.00 702 S 1ST AVE 1583 13 LARSEN SUBDIVISION LOT 13 101 53004 $132,790.00 IROBERSON, SHAHAB ALI SNOW REMOV 2/18/2010 $300.00 16229 $300.00 1229 E BURLINGTON ST 2007 3 OAKES' ADDITION NO. , 1011391003 $203,140.00 ROBINSON, GEORGE JOHN II PROPERTY CLEANUP 1 3/2009 $55.50 15140 $55.50 SUBDIVISION OF LOT 3 ROGERS, MAUREEN E DELANEY 808 E DAVENPORT ST 20638 5 IOWA CITY (ORIGINAL TOWN) 1010182009 $125,940.00 ROGERS, THOMAS N R SNOW REMOVAL 12/29/200 $195.00 15539 $195.00 E 40' OF S 60' LOT 5 BLK 8 ROGERS, MAUREEN E DELANEY Properties To Be Assessed - July 2010 Page 6 of 7 Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 923 HIGHLAND AVE 15 79 6 COMM NE COR LOT 167, PLUM 1015476001 $138,700.00 RUMMELHART, LARRY C SNOW REMOVAL 2/12/201C $320.00 16251 $320.00 GROVE ACRES PT 5; S 89 DEG E ISCP ALONG S/L HIGHLAND AVE 135.7' TO BEG FROM SAID PT OF BEG S 1 DEG 120'; S 89 DEGE 79.4' TO W/L CRESCENT ST; N 120' TO S/L HIGHLAND AVE; N 89 DEG W 80' TO BEG 52 AMBER LN 1550 50 LAKESIDE ADDITION LOT 50 1023409011 $108,560.00 RONALD L SNOW REMOVAL 2/4/201 $125.00 16250. $125.00 9 & 10 BLK 2 EXCEPT LAND ISCHAFFER, SCHAFFER, DOROTHEA O 1 2425 MUSCATINE AVE 28172 9 TOWNCREST ADDITION LOTS 1 13328002 $1,595,030.00 2006 -C23 -061 LLC SNOW REMOVAL 1/13/ $220.00 15657 $220.00 9 & 10 BLK 2 EXCEPT LAND TAMBOURINE, MA ENE KELLER 1 DESCRIBED IN BK 675 ISCP 1204 ROCHESTER AVE 23813 1 ROSE HILL ADDITIONS 70' LOT 1011265004 $131,650.00 SMITH, MONICA M W REMOVAL 1/19/2010 $215.00 15688 $215.00 1 BLK3 TAMBOURINE, MA ENE KELLER 1 5 HUMMINGBIRD LN 2447 78 SCOTT BOULEVARD EAST - 907362001 $250,210.00 STE RT, PAUL D SNOW REMOVAL 12/29/2009 $200.00 15550 $200.00 PART FOUR LOT 78 TAMBOURINE, MA ENE KELLER 525 S LUCAS ST 1980 8 OAK HILL ADDITION N 30' LOT 8 10151040 $151,870.00 TAMBOURINE,IKTHUR G SNOW REMOVAL 1/6/2010 $150.00 15650 $150.00 & S 10' LOT 7 TAMBOURINE, MA ENE KELLER 1906 CALIFORNIA AVE 1859 48 PART 1A MOUNT PROS CT 1023159006 $106,440.00 BENJAMIN M OW REMOVAL 2/12/2010 $155.00 16253 $155.00 ADDITION LOT 48 IT:TUS, TTUS, CATHERINE R 321 WINDSOR DR 3191 20 WINDS R HEIGHTS THIRD 1011161003 $228,900.00 VAN ORDEN, LUCAS IV SNOW REMOVAL 12/17/2009 $135.00 15551 $135.00 ADDITION LOT 20 VANDERGAAST, NADIA 1424 SHERIDAN AVE 23905 12 RUNDELL ADDITION LOT 12 1014278013 $134,810.00 PETTI SNOW REMOVAL 1/15/2010 $305.00 15683 $80.00 BLK 5 JVANREKOM, Properties To Be Assessed - July 2010 Page 7 of 7 Property Address Legal Description Parcel Number I Appraised Value jProperty Owner Service(s) Rendered I Date of Service(s) I Cost of Service I Invoice # I Balance Outstanding 618 FAIRCHILD ST 206330 5 IOWA CITY (ORIGINAL TOWN) 1010151001 $197,250.00 TERRY J SNOW REMOVAL 1/1511 - _ _$595.00 16232 $595.00 LN S 1/2 LOT 5 BLK 30 0 7284028 MELLECKER, SUSAN E 2/5/1 5 IVARGASON, 2/26/1 2706 FRIENDSHIP ST 0635 163 COURT HILL ADDITION PART 1013205006 $174,460.00 WANLASS, ZARA M SNOW REMOVAL 2/17 /201 $255.00 16198 $255.00 LN 3 LOT 163 0 7284028 WARD, GRACE L LOCKE 1914 WESTERN RD 08655 5 FAIR MEADOWS ADDITION 1ST 023180001 $129,990.00 WARD, SAMUEL L LOCKE SNO MOVAL 2/18/2010 $315.00 16194 $315.00 LN UNIT LOT 5 EX N 15'& N 10' LOT 6 BLK 0 7284028 WARD, GRACE L LOCKE 5 2360 WILLOWBROOKE LOT 33, CAMERON SUBDIVISION 1017284001 $4,181,490.00 WILLOWBR KE POLUTE SNOW REMOVAL 2/1/2010 $475.00 16241 $475.00 LN 0 7284028 7R 4SOCIATION Marian K.Karr. City Of Iowa City Clerk of Court Dear Marian Karr, Per our phone conversartion on Friday. 1& of July, I must have written your e-mail down wrong as I receive a delivery status failure. The Willowbrooke Point Condo Association is asking to have our resolution delayed due to Problems of your letter for delivery and the Condo officers being out of town until July 14`h We would like to postpone at least 1 week for appealing. Please send me the new date that you can come up with. Thank you! Fern Davis, Treasurer Willowbrooke Point Condo Association 2360 Willowbrooke Lane Iowa City, Iowa 52266 � a cll � C_. rya ,_, =�r ,— 33 �,A4, CITY OF IOWA CITY MEMORAND'M Date: July 7, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: 808 East Davenport Street The property owner, Thomas Rodgers, phoned and requested copies of the correspondence from his property manager and Housing & Inspection Services be provided to the City Council prior to action on the assessment. C.R.B. Certified Residential Broker Sales • Residential - G.R.I. Graduate Realtors Institute Appraisals A.R.A. Accredited Rural Appraiser Farm Management - M.S.A. Master Senior Appraiser Farm Sales - June 28, 2010 City of Iowa City 410 E. Washington Iowa City, Iowa 52240 RE: Thomas Rogers Property, Snow Removal Billing for 808 -808% E. Davenport Dear Sir /Madame: This is a direct appeal and demand for a hearing for this $190.00 charge. Mr. Rogers was sent a 24 -hour notice and he lives in Massachusetts. I am the manager of this property. I was also called by someone in the housing department regarding the snow problem and immediately went to the property with salt and instructed the tenants to get the snow and ice off of the sidewalk. When I was leaving I passed the city inspector and so I turned around and went back and spoke with him. I told him that I had left the salt there to be distributed. He apparently did not believe me and went ahead and imposed this charge. I did not know that the charge had been imposed until months later when I received notice from the owner. I object to this charge as I had given this problem attention and a ticket was issued. I also object and believe that the fee of $195.00 is absurd. I would like to see an invoice from the vendor or workers who apparently did this work. This is an abuse of process, offensive, and not right in any way you look at it. I am requesting a dismissal of these charges. Your attention to this matter is appreciated. Sincerely, Robert C. Crane, ARA, CGA & MSA President, Crane & Associates, Inc. Manager, Rogers Properties 916 Maiden Lane Iowa City, Iowa 52240 (319) 354 -4100 fax (319) 358 -2134 INVOICE INVOICE # DESCRIPTION PREVIOUS BALANCE I INTEREST CURRENT CHARGES PAYMENTS I INVOICE I BALANCE DATE Jan .e9 LU7 0 15t�.5`J vnor balan(:e CHECK HERE FOR: Address correction and complete reverse side El Credit card payment and complete reverse side I FROM: ROGERS THOMAS 66 LAKE SHORE DR EAST FALMOUTH MA 02536 -4720 1955 uu 7 `./J. VU MAKE CHECKS PAYABLE TO: CITY OF IOWA CITY REMIT TO: CITY OF IOWA CITY - MISC ACCTS RECEIVABLE PAYMENT PROCESSING DEPARTMENT P.O. BOX 10399 DES MOINES, IA 50306 -0399 11111 1111 111 11 111111111 l' Description (F) create SNOW RECEIPTS Re- inspection Send Work Order Initial inspection (F) Send SNOW NOTICE Complaint received Date 1 Date 2 12/28/2009 12/28/2009 Activities for Case # : COM09 -01995 Printed on : 7/1/2010 at 8:18AM 808 E DAVENPORT ST Date 3 Done By Disp Notes 1/19/2010 JLR DONE inv// 837 12/29/09 3 hours labor and 3 bagsice melt 120.00 plus 75.00 admin fee Total 195.00 12128/2009 SM DONE not cleared to concrete, told Bob Crane on site but he drove off without saying if he would clear it or not. 12/28/2009 JLR DONE 12/2212009 SM DONE snow and ice on the sidewalk 12/22/2009 SM DONE 12/21/2009 SM DONE Page 1 of 1 CITYOF IOWA CITY Department of Housing and Inspection Services 410 Washington Street Iowa City, Iowa 52240 July 2, 2010 Crane & Associates Attn: Robert Crane 916 Maiden Lane Iowa City, IA 52240 Dear Mr. Crane, I am receipt of your letter dated June 28`t', 2010 concerning a snow removal invoice at 808 -808 % E. Davenport Street. The hearing process for disputed snow removal invoices is the City Council meeting when the assessment to the property is on the agenda. The property owners are notified as to the date of that meeting. Generally, if a bill is disputed, the City Council defers action on that property in order for City staff to prepare a report documenting the process to abate the violation. The property is then discussed at the next meeting and Council decides if the snow removal charge stands. I am including copies of two previous letters to you concerning the notification process that the City uses when enforcing the sidewalk snow removal ordinance. These letters make the process very clear. Both your letter and the notes the inspector put in the case verify that you did indeed see him at the site and you spoke. However, simply leaving salt with the tenant to be distributed does not abate the violation. The salt must be used and the snow cleared. Snow must be cleared 24 hours after a snowfall stops. "The property was originally tagged on 12/22/2209 and the inspector did not reinspect until 12/28/2010 because of the Christmas holiday. This was ample time to get the sidewalk cleared. The inspector was very correct in sending a work order to our contractor to clear the sidewalk. The $195.00 charge consists of 3 hours of labor at $30.00 per hour (this generally means there were two people at the site for 1.5 hours), 3 bags of ice melt at $10.00 per bag and a $75.00 administrative fee from the City to pay for the inspector's time and all other administrative activities. Considering the condition of the sidewalk, I do not believe the contractor's prices were out of line. I will not dismiss these charges. If you wish to pursue this matter further, you will have to appeal to the City Council at the council meeting when the property is due for assessment. If you have further questions, please contact me at 319- 356 -5120. Thank you, I CITY OF 10 WA CITY Department of Housing and Inspection Services 410 Washington Street Iowa City, Iowa 52240 March 4, 2009 Crane & Associates Attn: Robert Crane 916 Maiden Lane Iowa City, IA 52240 Dear Mr. Crane, I am receipt of your letter dated 2/19/2009 concerning notification when a property has been cited for not removing snow and /or ice. Unfortunately, we will not be able to honor your request. Perhaps an understanding of our process will help you understand why not. When we receive a complaint, an inspector goes out to verify. If there is a violation, a tag is left at the property giving the tenants another 24 hours to remove the snow. Because there is a potential for an assessment to be made on the property for removal invoices, the owner is notified. The letter sent to the owner is not like the tag left at the property. It is instead a notification of the requirements of the code and notification of the consequences of violations of the code. It does not give any more time for removal so the fact that it is being mailed out of state is inconsequential. Please understand that we try to get the letters out the same day that a tag is left. Inspectors have to create a case in our data base which generates the letter and, because they may have many letters to do, time becomes short. When creating the case, the owner /contact information is automatically pulled from the City Assessor's owner /contact information. The inspector simply does not have the time to check to see if the property is a rental property and then transfer the agent information to the letter. To bring about the results you are looking for, I believe you have two options. First, you could contact the City Assessor and request that your contact information be the official contact information for all of the properties you manage. That way you would be assured that any complaint notification would go directly to you. However, this would also include anything sent from the County such as tax bills. Your other option, would be to check all of the properties you manage 24 hours after a snowfall has stopped to make sure that snow has been removed. You could contact the tenants before the City even gets involved. If you have any questions, please, contact me at 319 -356 -5120. Thank you, Jann Ream Code Enforcement Assistant h:. .i if CITY OF I O WA CITY Y Department of Housing and Inspection Services 410 Washington Street Iowa City, Iowa 52240 March 12, 2009 Crane & Associates Attn: Bob Crane 916 Maiden Lane Iowa City, IA 52240 Dear Mr. Crane, Your disagreement with City policy concerning the notification of snow violations is duly noted, Evidently you were not able to understand or accept the explanation given. I would again suggest that if the properties you manage were checked after each snowfall of 1 inch or more to make sure that the sidewalks were cleared, there would be no issues with the City. In answer to your question —yes, we did notify the tenants as well as the property owner. I am including the case computer record documenting the actions taken in this matter. This is the only further proof of violation you will receive. An inspector was at the property twice and verified the violation both times. We hired a contractor to clear the sidewalk and they did the work. "The amount charged is not a fine. It is the amount invoiced to the City by the contractor plus a $50.00 administrative fee to cover the staff time and expenses incurred by the City. If the invoice is not paid, it will be assessed to the property taxes for this property. Notification of the assessment will be sent to the property owner. If you have any questions, please contact me at 319- 356 -5120. Thank you, Jann Ream Code Enforcement Assistant V+ d � i TiD kj Mn Conctf , V pry a cs YA l cfv(c o lever. 1��,- off- p�-►- clue -1l c-*-v o--�A� -1v- e C, or L, ij—C-, ass Ij cc vi ck, A Ov +n -cam' lvw � 11 Y)-t, e�A-e At &0 Vk OQ �- �e. e vv -x4 w i mv, As e jt�rxek/ w O�k ,y(c��v a 1 a�w 0�c e. V\ os� i car O Sorayah Hamilton