HomeMy WebLinkAbout2015-12-15 Resolution4d(1)
writ
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030
RESOLUTION NO. 15-372
RESOLUTION ACCEPTING THE DEDICATION OF HUMMINGBIRD LANE, ADJACENT
TO LOT 1 OF HOYLE'S FIRST SUBDIVISION AND LOTS 2-4, SCHNOEBELEN
SUBDIVISION, IOWA CITY, IOWA, AS PUBLIC RIGHT-OF-WAY.
WHEREAS, a portion of Hummingbird Lane adjacent to Lot 1, Hoyle's First Subdivision and
Lots 2-4, Schnoebelen Subdivision, Iowa City, Iowa lying south of Lower West Branch Road,
has been improved to City street design standards, has been maintained by the City, and used
by the public as right-of-way; and
WHEREAS, a plat of survey for this right-of-way has been recorded at Book 59, Page 313, in
the plat records of the Johnson County, Iowa Recorder; and
WHEREAS, this roadway was never platted or dedicated to the City during a subdivision
process; and
WHEREAS, the owner, Plum Grove Acres, Inc., desires to convey to the City a deed for this
land so that it may be owned by the City and used as public right-of-way, consistent with its
current use; and
WHEREAS, the City Council finds acceptance of said dedication to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Acceptance of the above -referenced land for public right-of-way, in a form of conveyance
approved by the City Attorney's Office, is hereby approved and authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the acceptance of said
dedication, and to record the same at owner's expense.
Passed and approved this 15th day of December , 2015.
MAYOR
ATTEST:
CITY�-CLERK
Ap roved by
��C
City Attorney's Office 1i�-2
CORPORATE SEAL
ReSGluilon Ne.
(Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
Dobyns the
ARSE NT:
Botchway
Dickens
Dobyns
Hayek
Mins
Payne
Thrognorlon
s'rn
f
r
QUIT CLAIM DEED
THE IOWA STATE BAR ASSOCIATION
Official Form #106
Recorder's
soewa
o. Cover Sheet
Preparer Information: (Name, address and phone number)
Kirsten H. Prey, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 522.44, Phone: (319)
351-8181
Taxpayer Information: (Name and complete address)
City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240
Return Document To: (Name and complete address)
City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240
Grantors:
Plum Grove Acres, Inc.
Grantees:
City of Iowa City
Legal description: See Page 2
Document or instrument number of previously recorded documents:
TheIowa state far 0.ssacio:ion 2005
IGNAOOBS0
THE IOWA STATE BAR ASSOCIATION
erfzciei Form No. 106
Kirsten H. Frey
FORTH E LEGAL EFFECT OF THE USE OF
THIS FORM, CONSULT YOUR LAWYER
C
�' It QUIT CLAIM DEED
�,' ti�
ocr,avj
For the consideration of One Dollm' $1.00--- Dollar(s) and other valuable consideration,
Plum Grove Acres, Inc.
do hereby
Quit Claim to Cite of Towa City
all our right, title, interest, estate,
claim and demand in the following described real estate in Johnson County, Iowa:
See 1 in Addendum
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and
to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated: 41 20 �S
P 1 GR VE ACRES, INC.
berCBo c, Pr $\et (Grantor) (Grantor)
Daniel Glasg CV Secret (Grantor) (Grantor)
(Grantor) (Granter)
STATE OF IOWA , COUNTY OF JOHNSON
This record was acknowledged before me this (I day of (�J , by
Robert Boyd, President of Plum Grove Acres, Inc.,
KIRSTEN H. FRE Signature of Notary Public
�O"Numner 18025
MY Canmission Expire
�d 12, 2pt8
0 The rn.Slalader A,,00utlon2013 Quit Clafm Dced
lownoocscr 2586(l).17912015-10-08 a �haa A� �sI?_cIa
ACKNOWLEDGMENTS FOR INDIVIDUALS
STATE OF Iowa , COUNTY OF Johnson
This record was acknowledged before me this 13th day of October 2015. , by Daniel
ti�p'Ks Amalla Rand Signature of Nota Public
i Camrmyeun Humber 7911E/
• • My CaenNWM Egft
Juk 22 2018
STATE OF COUNTY OF
This record was acknowledged before me this day of by
STATE OF , COUNTY OF
This record was acknowledged before me this
STATE OF , COUNTY OF
This record was acknowledged before me this
day of
Signature of Notary Public
,by
Signature of Notary Public
day of , by
Signature of Notary Public
STATE OF , COUNTY OF
This record was acknowledged before me this _ day of by
Signature of Notary Public
Addendum
A PORTION OF THE NORTHWEST QUARTER OF I I IF SOUTHWESTQUARTER
OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN, IOWA CITY, JOIINSON COT NTY, IOWA, DESCRIBED AS
FOLLOWS:
Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West, or
the Fifth Principal Meridian; Thence NOV 19'24" W, along the West Line of the Southwest
Quarter of said Section 7, a distance of 2045.03 feet, to the Southwest Corner of the 5.16
Acre Tract depicted on the Plat of Survey, in accordance with the Plat thereof Recorded in
Plat Book 6 at Page 31 of the Records of Johnson County Recorder's Office; Thence
N89°40'57"E, along the South Lineof said 5.16 Acre Tract and the South Line of a 4.09
Acre Tract as depicted on said Plat of Survey, 719.70 feet, to the POINT OF BEGINNING;
Thence N00° 17'38"W, 42.53 feet; Thence Northwesterly, 9.48 feet, along a 125.00 foot
radius curve, concave Southwesterly, whose 9.48 foot chord bears NO2°27'59"W; Thence
N04°38'20"W, 99.92 feet; Thence Northwesterly, 189.82 feet along a 2525.00 foot radius
curve, concave Northeasterly, whose 189.77 foot chord bears NO2'29'07 "W; Thence
N00°19'54"W, 151.57 feet; Thence N21°42'52"W, 41.41 feet to a Point on the Southerly
Right -of -Way Line of Lower West Branch Road; Thence S87°08'01 "E, along said
Southerly Right -of -Way Line, 80.13 feet, to the Northwest Corner of Lot 1 of Hoyle's First
Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 100 of
the Records of the Johnson County Recorder's Office; Thence S00°20'15"E, along the West
Line of said Lot 1, and the West Line of Schnoebelen Subdivision, in accordance with the
Plat thereof Recorded in Plat Book 50 at Page 332 of the Records of the Johnson County
Recorder's Office, 526.94 feet, to the Southwest Corner of said Smroebeten Subdivision and
the Northeast Corner of Scott Boulevard East - Part Four, in accordance with the Plat
thereof Recorded in Plat Book 41, at Page 155 of the Records of the Johnson County
Recorder's Office; Thence S89°40'57"W, along the North Line of said Scott Boulevard East
- Part Four, a distance of 50.00 feet, to the Point of Beginning. Said Right -of -Way
Acquisition Parcel contains 0.74 Acre (32,304 square feet), and is subject to easements and
restrictions of record. A plat of survey containing the above described property
is recorded in Bk. 59, page 313, in records of the Johnson County, Iowa
Recorder.
This deed is exempt from groundwater hazard and declaration of value requirements.
Consideration is less than $500.00
I-fd C5)
Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230
RESOLUTION NO. 15-373
RESOLUTION ADOPTING IOWA CITY'S FY16 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS
A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING
THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa,
to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to
plan for the use of federal funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the City proposes to amend the Annual Action Plan by adding three new housing projects;
WHEREAS, according to CITY STEPS, said amendment is considered a substantial change to the FY16
Annual Action Plan and requires City Council approval; and
WHEREAS, the City has disseminated information soliciting public input at the December 15, 2015 City
Council meeting on the proposed Amendment #2; and
WHEREAS, the FY16 Annual Action Plan Amendment #2 contains the allocation of CDBG funds attached
hereto as Exhibit A; and
WHEREAS, adoption of the Amended FY16 Annual Action Plan is required by the U.S. Department of
Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended
FY16 Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The City of Iowa City's Amendment #2 to the FY16 Annual Action Plan, copies of which are filed in
the Neighborhood and Development Services Department, are hereby approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable
documentation for the City of Iowa City's Amended FY16 Annual Action Plan to the U.S.
Department of Housing and Urban Development to provide all the necessary certifications
required by the U.S. Department of Housing and Urban Development in connection with said Plan.
Passed and approved this 15th day of December , 2015.
Approved by
ATTEST: CRK�
n
MAYOR
City Attorneys Office
Resolution No.
]Page 2
15-373
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
]MAYS:
Dobvns
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
the
x Payne
x Throgmorton
EXHIBIT A
FY16 Annual Action Plan
Substantial Amendment #2
Revised December 111 2015
The City of Iowa City received unanticipated CDBG (Community Development Block Grant)
program income totaling over $200,000 upon the sale of two CDBG assisted properties owned
by Community Mental Health Center and the Extend the Dream Foundation. Staff conducted a
mid -year funding round for the $200,000 available in CDBG funds. In addition, Bilam Properties
LLC (a Southgate entity) requests to repay the $600,000 CDBG loan awarded to Wetherby
Condos South LLC used to rehabilitate 94 condos at 1956, 1958 and 1960 Broadway (formerly
Broadway Condos). They request these funds be reallocated to Bilam Properties LLC (a
Southgate entity) to rehabilitate 53 condominium units at Walden Ridge (off Mormon Trek
Boulevard).
The City proposes amending the FY16 Annual Action Plan to include three new projects totaling
$699,998. The proposed amendment is detailed on the following page. HCDC recommended an
allocation of $100,002 to Preludes Services; however on December 11, 2015, the applicant
withdrew their application. These funds will be allocated upon our upcoming FY17 funding
round. FY17 CDBG and HOME applications are due January 15, 2016.
The City Council will consider this recommendation on December 15 following a 30 -day public
comment period and the amendment will be submitted to the U.S. Department of Housing and
Urban Development (HUD) following City Council approval.
Jurisdiction: City of Iowa City, Iowa
Contact Person
Jurisdiction Web Address:
Tracy Hightshoe
http://www.icgov.org/actionplan
Neighborhood Services Coordinator
410 E. Washington Street
Iowa City, IA 52240
319.356.5244
Tracy-Hightshoe@iowa-city.org
Proposed Amendment
Project Name
The Housing Fellowship Rehab Project
Target Area
Goals Supported
Increase the supply of affordable rental housing
Needs Addressed
Expanding Affordable Rental Housing
Funding
CDBG: $49,998
Description
Rehab of two rental properties for income qualified tenants
Target Date
1/15/2017
Estimate the number and type of families
that will benefit from the proposed
activities
Two households.
0-80% MFI: 100%
Location Description
2700 Wayne Avenue and 1017 Dover Street
Planned Activities
Rental rehab
Project Name
Walden Ridge Rehab
Target Area
Goals Supported
Increase the supply of affordable rental housing
Needs Addressed
Expanding Affordable Rental Housing
Funding
CDBG: $600,000
Description
Rehab of up to 53 rental housing units for income qualified
tenants.
Target Date
1/15/2017
Estimate the number and type of
53 households.
families that will benefit from the
0-80% MFI: 100%
proposed activities
Location Description
Bittersweet Court units 2450, 2446, 2442, 2438, 2428, 2419,
2415, 2411, 2407
Clearwater Court units 2574, 2570, 2566, 2562, 2556, 2552,
2548, 2544, 2538, 2534, 2530, 2526, 2520, 2516, 2512, 2508
Shady Glen Court units 2426, 2422, 2418, 2400, 2431, 2404,
2408, 2412, 2419, 2423, 2427
Sylvan Glen Court units 2568, 2564, 2560, 2556, 2550, 2532,
2520, 2565, 2561, 2557, 2553, 2565, 2561, 2557, 2553, 2547,
2543, 2539, 2535, 2521, 2517
Planned Activities
Rental rehab
Project Name
Systems Unlimited
Target Area
Goals Supported
Increase the supply of affordable rental housing
Needs Addressed
Expanding Affordable Rental Housing
Funding
CDBG: $50,000
Description
Acquisition of a three-bedroom home for three Single Room
Occupancy units. Targeted groups are those with
disabilities.
Target Date
1/15/2017
Estimate the number and type of families
that will benefit from the proposed
activities
3 persons with disabilities.
0-30% MFI: 100%
Location Description
To be determined
Planned Activities
Property acquisition
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Publication Notice
Iowa City Press Citizen
December 4, 2015
PUBLIC MEETING NOTICE
FY16 Annual Action Plan Amendment #2
The City Council will hold a public meeting, accept comments, and consider approval of Iowa
City's FY16 Annual Action Plan Amendment #2 on December 15, 2015. The meeting will be held at
City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m.
The Annual Action Plan is a portion of Iowa City's Consolidated Plan (a.k.a. CITY STEPS). The
Annual Action Plan includes information on the proposed use of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for
low -moderate income persons. The Annual Action Plan outlines proposed activities and their
budgets.
The FY2016 Action Plan Amendment #2 proposes adding the following CDBG funded projects due
to unanticipated program income:
The Housing Fellowship, $49,998 in CDBG funds to rehab two existing affordable rental units;
Systems Unlimited, $50,000 in CDBG funds to purchase a three-bedroom home for people with
disabilities; Prelude Behavioral Services, $100,002 in CDBG funds to acquire 1925 Boyrum Street
for public services; and Bilam Properties LLC, $600,000 to rehab 53 affordable rental units at
Walden Ridge townhomes off of Mormon Trek Boulevard.
Copies of the proposed amendments are available from the Neighborhood and Development
Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn
Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is
available by calling 356-5230.
Comments may be submitted in writing to the Neighborhood and Development Services
Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you
require special accommodations or language translation please contact Tracy Hightshoe at 356-
5230 or 356-5493 TTY at least seven (7) days prior to the meeting.
Publication Notice
Iowa City Press Citizen
December 4, 2015
The 30 -day public comment period for the FY16 Annual Action Plan Amendment #2 starts
November 13, 2015 and ends December 15, 2015. The City Council is holding a public meeting
on December 15, 2015.
Comments Received:
None
Staff Response:
N/A
EXHIBIT A
FY16 Annual Action Pla
Substantial Amendme t #2
December 201
The City of Iowa City recei ed unanticipated CDBG (Co munity Development Block Grant)
program income totaling ov r $200,000 upon the sale f two CDBG assisted properties owned
by Community Mental Health enter and the Extend he Dream Foundation. Staff conducted a
mid -year funding round for the 200,000 available i CDBG funds. In addition, Bilam Properties
LLC (a Southgate entity) requests o repay the $60 ,000 CDBG loan awarded to Wetherby
Condos South LLC used to rehabilit to 94.
condos t 1956, 1958 and 1960 Broadway (formerly
Broadway Condos). They request th se funds b reallocated to Bilam Properties LLC (a
Southgate entity) to rehabilitate 53 co domini m units at Walden Ridge (off Mormon Trek
Boulevard).
The City proposes amending the FY16 AnnAal Action Plan to include four new projects totaling
$800,000. The proposed amendment is d ta'led on the following page.
The City Council will consider this reco mend tion on December 15 following a 30 -day public
comment period and the amendment ill be su mitted to the U.S. Department of Housing and
Urban Development (HUD) following ity Counc approval.
Jurisdiction: City of Iowa City, to a
Contact Person
Jurisdiction Web Address:
Tracy Hightshoe
http://www.icgov.org/actionpla
Veighborhood Services Coordinator
10 E. Washington Street
I wa City, IA 52240
3 9.356.5244
Tr y-Hightshoe@iowa-city.org
Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230
RESOLUTION NO.
RESOLUTION ADOPTING IOWA CITY'S FY16 ANNUAL ACTION PLAN AMENDME #2, WHICH IS
A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), UTHORIZING
THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFIC TIONS TO THE
U.S. DEPARTMENT HOUSING AND URBAN DEVELOPME
WHEREAS, the U.S. Department of Housi and Urban Development requires t City of Iowa City, Iowa,
to prepare and submit an Annual Action PI as part of the City's Consolida d Plan (CITY STEPS) to
plan for the use of federal funds to assist lowe income residents with housin , jobs and services; and
WHEREAS, the City proposes to amend the Ann al Action Plan by addi three new housing projects and
one new public facility project;
WHEREAS, according to CITY STEPS, said amen ment is consi ered a substantial change to the FY16
Annual Action Plan and requires City Council appro I; and
WHEREAS, the City has disseminated information licitin public input at the December 15, 2015 City
Council meeting on the proposed Amendment #2; an
WHEREAS, the FY16 Annual Action Plan Amendmen 2 contains the allocation of CDBG funds attached
hereto as Exhibit A; and
WHEREAS, adoption of the Amended FY16
Housing and Urban Development; and
WHEREAS, the City Council finds that the
FY16 Annual Action Plan.
Plan is required by the U.S. Department of
will be served by the adoption of the Amended
NOW, THEREFORE, BE IT RESOLVE BY THE CITY CtUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City of Iowa City's A ndment #2 to the FY16 nnual Action Plan, copies of which are filed in
the Neighborhood and D velopment Services
Dep,
mein is hereby approved and adopted.
2. The City Manager Iowa City is hereby authori ed and directed to submit the applicable
documentation for e City of Iowa City's Amend d FY16 Annual Action Plan to the U.S.
Department of H sing and Urban Development t provide all the necessary certifications
required by the U Department of Housing and Urban Development in connection with said Plan.
Passed and approved t is day of , 2015.
MAYOR
Approved by
ATTEST:
CITY CLERK City Attorney's 0 e
CITY OF IOWA CITY 4dCs!
MEMORANDUM
Date: December 11, 2015
To: Thomas Markus, City Manager
From: Kristopher Ackerson, Community Development Planner
Re: City Council meeting on December 15 — Update on Resolution Adopting the FY16Annual Action
Plan Amendment #2
Introduction
A resolution considering approval of the FY16Annual Action Plan Amendment #2 (see attached) will be
considered at the December 15, 2015 City Council meeting. The original draft of the amendment, as
published for public comment and review by the Housing and Community Development Commission,
included $100,002 in CDBG funds for Prelude Behavioral Services. On Friday, December 11, 2015,
Prelude CEO, Ron Berg, notified city staff that their property acquisition project has been canceled and
their application withdrawn.
Recommendation
Staff recommends adopting Amendment #2 with three housing projects totaling $699,998 in Community
Development Block Grant funds (see Exhibit A — revised December 11, 2015). The funds rescinded by
Prelude totaling $100,002 will be apportioned during the fiscal year 2017 grant process underway now
and awarded to a different project.
If you have any questions about the amendment please contact me at 356-5230 or at Kristopher-
Ackerson@iowa-city.org.
C:\Users\mkarr\HppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OV1 N9JGE\Revised Council memo.doc
Publication Notice
Iowa City Press Citizen
Publish on December 4, 2015
PUBLIC MEETING NOTICE
FY16 Annual Action Plan Ahnendr
The City Council will hold a
comments, and consider a
FY16 Annual Action Plan
December 15, 2015. The
City Hall, Emma Harvat H
Street at 7:00 p.m.
The Annual Action Plan
Consolidated Plan (a.k. .
Ac 'on Plan includes i or
use f Community De
(CDBG) d HOME In est
funds for ousing, jobs,
moderate in me p rson
outlines propos ctiviti
#2
blic meeting, accept
roval of Iowa City's
Amendment #2 on
!eting will be held at
410 East Washington
s a portion of Iowa City's
CITY STEPS). The Annual
mation on the proposed
velopment Block Grant
ment Partnership (HOME)
and services for low-
s. The Annual Action Plan
es and their budgets.
The FY2016 Actio an Amendment #2 proposes
adding the follo ing ORBG funded projects due to
unanticipated pr gram in ome:
The Housing F lowship, $49, 98 in CDBG funds to
rehab two exi ing affordable r tal units; Systems
Unlimite(JBeavioral
$ ,000 in CDBG fun to purchase a
three-bhome for people Rh disabilities;
Prelude Services, $100 2 in CDBG
funds tre 1925 Boyrum Stree for public
servicesBilam Properties LLC, $6 000 to
rehab 5dable rental units at Walde Ridge
townho of Mormon Trek Boulevard.
Copies of the proposed amendments ark
availa le from the Neighborhood and
Dev opment Services Department, 410 East
Wa ington Street; the Iowa City Public Library,
12 S. Linn Street; or on Iowa City's web site
(ww.ic ov.or action Ian). Additional
i formation is available by calling 356-5230.
Comments may be submitted in writing to the
Neighborhood and Development Services
Department at the address above or by email to
Kristopher-Ackerson@iowa-city.org. If you
C:\Users\jvopariMppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3R4VESQD\Meeting Notice.doc
require special accommodations or language
translation please contact Tracy Hightshoe at
356-5230 or 356-5493 TTY at least seven (7) days
prior to the meeting.
C:\Users\jvoparilWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3R4VESQD\Meeting Notice.doc
r
�`,1-. p°� CITY O F IOWA CITY 4d(5)
MANit
IftMEMORANDUM
Date: December 4, 2015
To: Thomas Markus, City Manager
From: Kristopheckerson, Community Development Planner
Re: City Council m eting on December 15 — Resolution Adopting the FY16 Annual Action Plan
Amendment #2
Introduction
A resolution considering approva f the FY16Annual Action Plan Amendment #2 (see attached) will be
considered at the December 15, 20 City Council meeting. The amendment allocates $800,000 in CDBG
funds to four new projects.
History/Background
The City of Iowa City received unanticipated BG (Community Development Block Grant) program
income totaling over $200,000 upon the sale o wo CDBG assisted properties own y Community
Mental Health Center and the Extend the Dream undation. Staff conducted a Id -year funding round
for the $200,000 available in CDBG funds.
In addition, Bilam Properties LLC (a Southgate entity) re uests to re the $600,000 CDBG loan
awarded to Wetherby Condos South LLC used to rehabilit a 94 ndos at 1956, 1958 and 1960
Broadway (formerly Broadway Condos). They request thes nds be reallocated to Bilam Properties
LLC (a Southgate entity) to rehabilitate 53 condominiu nits t Walden Ridge (off Mormon Trek
Boulevard).
Discussion of Solution
The Housing and Community Developm Commission (HCDC) consi ered new projects for the
allocation of CDBG funds. The nine a ications included three housing rojects, five public facility
projects, and one economic deve ment project. Applications were due n October 9, 2015.
Recommendation
At their October 22 me Ing, the Housing and Community Development Comml\ion(HCDC) voted
unanimously in fav/ of funding the following projects.
Applic t Type Request Recommendation
Th ousing Fellowship
Housing
$49,998
$49,998
stems Unlimited
Housing
$150,000
$50,000
The Arc of Southeast Iowa
Public Facility
$70,000
-
Crisis Center
Public Facility
$24,255
-
CSCC Child Care
Public Facility
$35,000
-
Fairmeadows Playground
Public Facility
$85,000
-
Prelude
Public Facility
$200,000
$100,002
Towncrest Unlimited
Econ. Dev.
$112,000
-
Bilam Properties LLC
Housing
$600,000
$600,000*
Total
$800,000
*Contingent upon Wetherby Condos South LLC repaying their $600,000 loan for the former Broadway Condos.
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December 4, 2015
Page 2
HCDC also recommended the request by Southgate with the following conditions: 15 -year amortization,
15 -year term, 3% interest, with a 15 -year compliance period. Payments would begin once the
rehabilitation is completed.
At the D ember 15 council meeting, staff recommends approval of the FY16 Annual Action Plan
Amendme #2 as recommended by the HCDC. To date, the City has received no written comments
regarding the Opposed projects.
Fiscal Impact
These projects will utilize DBG entitlement funds from t U.S. Department of Housing and Urban
Development.
If you have any questions about t e amendme please contact me at 356-5230 or at Kristopher-
Ackerson@iowa-city.org.
Publish on Friday, November 13, 2015
PUBLIC COMMENT PERIOD ON
FY2016 ANNUAL ACTION PLAN AMENDMENT #2
The FY2016 Annual Action Plan is a portion of Iowa
City's 2016-2020 Consolidated Plan (a.k.a. CITY
STEPS). The Annual Action Plan includes information
on the proposed use of Community Development Block
Grant (CDBG) and HOME Investment Partnership
(HOME) funds for housing, jobs, and services for low -
moderate income persons.
If adopted, the FY2016 Action Plan Amendment #2
proposes adding the following CDBG funded projects
due to unanticipated program income:
The Housing Fellowship, $49,998 in CDBG funds to
rehab two existing affordable rental units; Systems
Unlimited, $50,000 in CDBG funds to purchase a three-
bedroom home for people with disabilities; Prelude
Behavioral Services, $100,002 in CDBG funds to
acquire 1925 Boyrum Street for public services; Bilam
Properties LLC, $600,000 to rehab 53 affordable rental
units at Walden Ridge townhomes off of Mormon Trek
Boulevard.
Copies of the FY16 Annual Action Plan Amendment
#2 are available at the Neighborhood and
Development Services Department, 410 East
Washington Street; the Iowa City Public Library, 123
S. Linn Street; or on Iowa City's web site
(www.ic,gov.org/actionplan). Additional information is
available by calling 356-5230.
The 30 -day public comment period regarding this
Annual Action Plan amendment starts with the
publication of this notice and ends on December 15,
2015.
Comments may be submitted in writing to the
Neighborhood and Development Services
Department at the address above or by email to
Kristopher-Ackerson@iowa-city.org. If you require
special accommodations or language translation
please contact Tracy Hightshoe at 356-5230 or 356-
5493 TTY at least seven (7) days prior to the
meeting.
7L -L (c-/-)
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
15-374
RESOLUTION APPROVING AN AGREEMENT TO PURCHASE
1109 5T" AVENUE.
WHEREAS, staff has negotiated a purchase agreement with the owner of 1109 5t' Avenue
for $73,000 contingent on City Council approval;
WHEREAS, the owner is in default on the mortgage, and the UICCU intends to proceed
with foreclosure;
WHEREAS, the City has a $30,000 junior lien because it loaned the owner money to
purchase the home for affordable housing;
WHEREAS, if the lender forecloses, the City's lien will be extinguished;
WHEREAS, there is an approximate $74,000 balance due on the UICCU loan, the
property is assessed at $137,300, and the property recently appraised at $75,000;
WHEREAS, the owner has vacated the house, has no other assets and is judgment proof;
WHEREAS, the City should acquire the property, repair it, and convey it to an income
eligible family.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
Upon the direction of the City Attorney, the City Manager is authorized to execute all
documents necessary to purchase the property in accordance with the purchase
agreement.
Passed and approved this 15th day of December
ATTEST: J
CITY CLERK
2015.
City Attorney's Office
Resolution No. 15-374
]Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
DAYS: ABSENT:
X
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
g
Throgmorton
�Ww.I , 64 CITY OF IOWA CITY 4d(6)
- -
MEMORANDUM
Date: December 8, 2015
To: Thomas M. Markus, City Manager
From: Tracy Hightshoe, Neighborhood Services Coordinator
Re: Acquisition of 1109 5th Avenue
Introduction:
At the December 15 meeting, the City Council will vote on a resolution authorizing the
acquisition of a single family home at 1109 5th Ave. The City intends to acquire this property,
complete rehabilitation and sell the home to a household under 80% of median income for
affordable homeownership.
History/Background:
In 1996 the City provided $30,000 in downpayment assistance to an income eligible household
to purchase 1109 5th Avenue with City general funds. This was a demonstration project that
focused on affordable modular housing. The homeowner signed a mortgage and promissory
note that required repayment of the full amount upon sale of the property.
The homeowner vacated the home several months ago and the mortgage company initiated
foreclosure proceedings. The City has a signed purchase agreement with the homeowner to
purchase the property for $73,000; the approximate value of the outstanding principal balance
minus estimated closing costs, subject to City Council approval. The home is currently
assessed for $137,300; however the most current appraisal indicates a value of $75,000.
Discussion of Solutions:
To prevent the loss of the City's initial investment, the City will acquire and anticipates investing
approximately $30,000 in rehabilitation in the home. The City hopes to sell the home for
$130,000-$140,000 depending on the actual rehabilitation costs. First preference will be given
to homebuyers under 80% of area median income (a household of two can make up to $52,650;
a household of four can make up to $65,800).
Financial Impact:
Affordable Dream Homeownership Program (ADHOP) funds through the Iowa City Housing
Authority will be used to acquire and rehabilitate the property. Housing Rehabilitation staff will
complete the bid documents and provide project oversight. Upon the sale of the home, the
ADHOP funds will be repaid and the balance of proceeds will return to the City's general fund.
Recommendation:
Staff recommends acquiring the home to maintain the City's investment in this home as a safe,
decent, affordable home available to an income eligible household. If the house proceeds to
foreclosure, the City's $30,000 lien would be extinguished. The City may not recover the full
$30,000 in general funds, but will recover to the extent possible, while maintaining a safe,
decent house in a low -moderate income neighborhood.
Cc: Doug Boothroy
Steve Rackis
5-15
4d(7)
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-375
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST LEASE AMENDMENT NO. 1 WITH THE IOWA CITY AREA
DEVELOPMENT GROUP TO EXTEND THE LEASE OF THE GROUND FLOOR
COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY.
WHEREAS, the City owns ground floor commercial space within the Iowa City Public Library
(Library) suitable for leasing out; and
WHEREAS, the City has previously approved a short-term lease of this space (running until
December 31, 2015) to the Iowa City Area Development Group (ICAD) for their work in economic
development; and
WHEREAS, the City has approved, subject to Council approval, a longer-term lease for both the
ground -floor and basement commercial space within the Library, but the current tenant in the
basement, the University of Iowa, wishes to continue to occupy the basement until February 29,
2016; and
WHEREAS, because the long-term lease will not begin until March 1, 2016, an extension of the
short-term lease for the ground floor space is needed for ICAD to continue its occupancy; and
WHEREAS, ICAD and the City have negotiated a Lease Amendment No. 1, which will extend the
term for the ground floor space through February 29, 2016, and additionally grant ICAD with
limited access to the basement commercial space to prepare for their eventual occupancy of both
spaces.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The attached Lease- Amendment No. 1 is approved.
2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest
the Lease attached hereto.
Passed and approved this 15th day of December 12015
MAYOR
Approved by r C�
ATTEST:
CITY LERK City Attorney's Office
Resolution leo. 15-375
(Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
MAIM
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
LEASE — AMENDMENT NO. 1
THIS LEASE AMENDMENT, MADE AND ENTERED INTO THIS _L5_ day of
December , 2015, by and between the City of Iowa City (hereinafter, "LANDLORD")
whose address for the purpose of this lease is 123 South Linn Street, Iowa City, IA 52240, and
the Iowa City Area Development Group, Inc. (hereinafter, "TENANT"), whose address for the
purpose of this lease is 136 S. Dubuque Street, Iowa City, IA 52242.
RECITALS:
That the LANDLORD and TENANT entered a lease dated the 6th day of October, 2015,
with a term ending on December 31, 2015;
That the LANDLORD and TENANT now wish to extend the lease through February 29,
2016 under the same terms and conditions;
That during the period of this extension, TENANT also will be allowed limited access to
the basement commercial space in the Iowa City Public Library, so as to effectuate their
development and subsequent occupation of that space.
WITNESSETH:
Paragraph No. 3 is hereby amended to read as follows:
3. TERM. The term of this Lease ("Term") shall be from October 1, 2015 through
February 29, 2016.
New Paragraph No. 24A is hereby added as follows:
24A. TENANT ACCESS TO BASEMENT COMMERCIAL SPACE. Tenant is
permitted intermittent access to the Library's basement commercial space in order to effectuate
their development and future occupation of that space. Said access will, whenever possible, be
preceded by notice by Tenant to the University Of Iowa, the present tenants of the basement
commercial space. Tenant will make all reasonable efforts to minimize disturbances to the
University of Iowa during said access.
All other terms and conditions of the lease remain unchanged.
IN WITNESS THEREOF, the parties hereto have duly executed this Lease Amendment
the day and year listed in the first line of this Amendment.
Landlord: Tenant:
CITY OF IOWA CITY IOWA CITY AREA DEVELOPMENT GROUP,
INC.,
Matthew J. Hayek, Mayor Mark Nolte, President
Attest:
a'6w�- A/
City Jerk
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Ap oved:
City Attorney
On this / J� day of �� , 2015, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
eP KELLIE K. TUTfLE
Cummissi.:n Number 2218
Cgmmi*ion Expires
Notary Public in and for the State of Iowa
IOWA CITY AREA DEVELOPMENT GROUP, INC.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On thisqday of Pgcembor , 2015, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Mark Nolte, to me personally
known, who being by me duly sworn, did identify himself as President of the Iowa City Area
Development Group, Inc., and acknowledge the execution of the instrument to be his own
voluntary act and deed, and that of the Iowa City Area Development Group, Inc.
Notary Public in Xfd for the State of Iowa
NAY ERIC
v� NOTARIAL jo:
O,I*� I0WA�1•.::^q
114P��js
4d(8)
Prepared by: Geoff Fruin, Assistant City Manager, 410 Washington St., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO. 15-376
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 DAVIS, BROWN, KOEHN, SHORS &
ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES.
WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to
retain the services of a lobbyist to represent the interests of the City;
WHEREAS, the City Manager recommends that the City enter into a contract for lobbying
services with Davis, Brown, Koehn, Shors & Roberts, P.C.; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The Agreement for Professional Services attached hereto is in the public interest,
and is approved.
The Mayor and the City Clerk are hereby authorized and directed to execute the
attached Agreement for Professional Services.
3. Funds for this contract are available in the City Manager's Office budget
Passed and approved this 15th day of D_e�ce,mberr_ , 2015.
n
MAYOR
p�oved by
ATTEST: 11 z t ' , �._ 12-
CIT
LCIT CLERK City Attorney's Office
Resolution No.
Page Z
15-376
It was moved by Mims and seconded by Dons the
Resolution be adopted, and upon roll call there were:
AYES: MAYS: ABSENT:
x Botchway
g Dickens
g Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services ("Agreement") is made this 15 day of December, 2015
between Davis Brown Law Firm ("Consultant"), having an office at 215 10`x' Street, Suite 1300,
Des Moines, IA 50309 and the City of Iowa City, IA ("Client") having an office at 410 E.
Washington St, Iowa City, IA 52240.
In consideration of the mutual promises set forth herein, Client and Consultant agree as follows:
1. CONSULTANT'S SERVICES
A. Consultant shall perform the professional services ("Services") more fully described in
Exhibit A attached hereto and by this reference incorporated herein. Consultant shall furnish all
labor, materials and supervision necessary to perform the Services.
B. The Consultants shall not commit any of the following employment practices and agree
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.
C. It is further agreed that no party to this Agreement, including their employees,
representatives, subcontractors or agents, shall perform contrary to any state, federal, or local law
or any of the ordinances of the City of Iowa City.
D. Consultant agrees to specifically assign the agreed upon professional services to Thomas
Stanberry who shall be the primary lobbyist, and who may utilize personnel qualified and/or
suitable to perform the Services. Each person assigned to perform any part of Consultant's
obligations hereunder shall be qualified and, if required by law, licensed or certified to perform
such obligations.
2. COMPENSATION
Client shall compensate Consultant for Services rendered in such amounts as described in
Exhibit B.
425:4020 v 4
3. INVOICES AND PAYMENTS
A. Not more frequently than once a month Consultant shall invoice Client for its fee.
B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client
objects to all or any portion of any invoice, Client shall so notify Consultant within fifteen (15)
days from receipt, give reasons for the objection, and pay that portion of the invoice not in
dispute within thirty (30) days of receipt of the invoice. Unless otherwise directed in writing, all
invoices shall be submitted for payment to the following address:
City of Iowa City, Iowa
Attn: Thomas Markus
City Manager
410 E. Washington St.
Iowa City, IA 52240
4. INDEPENDENT CONSULTANT STATUS AND SUBCONTRACTORS
Consultant will act solely as an independent contractor in performing the Services, and nothing
herein will at any time be construed to create the relationship of employer and ernployee,
principal and agent, partners, or joint venturers between Client and Consultant, or Client's and
Consultant's officers, directors, partners, elected officials, managers, employees or agents.
Consultant shall be solely responsible for the compensations, benefits, worker's compensation,
contributions, withboldings and taxes, if any, of its employees, subcontractors and agents.
5. INDEMNIFICATION, INSURANCE AND THIRD PARTY
BENEFICIARIES
A. Consultant shall indemnify, defend and hold Client harmless from any and all claims,
demands, causes of action, losses, damages, tines, penalties, liabilities, costs and expenses,
including reasonable attorney's fees and court costs, sustained or incurred by or asserted against
Client or Client's officers, directors, partners, elected officials, managers, employees or agents,
in the capacity of a defendant or witness, by reason of or arising out of Consultant's breach of
this Agreement or Consultant's negligence, gross negligence or willful misconduct with respect
to Consultant's duties and activities within the scope of this Agreement. The Consultant agrees
at all times material to this Agreement to have and maintain professional liability insurance
which covers the Consultant's liability for the Consultant's negligent acts, errors or omissions to
the City in the sum of $1,000,000.
B. This Agreement shall not be construed to create a duty or liability to any party who is not
a signatory party to this agreement, it being the intention of the parties hereto that their duties
and obligations are to each other and not for the benefit of or for third party beneficiaries.
2
6. CONFIDENTIALITY
Consultant shall treat as confidential property and not disclose to others during or subsequent to
the term of this Agreement, except as necessary to perform this Agreement (and then only on a
confidential basis satisfactory to both parties), any information and documents (including
without limitation any environmental information, reports, data, or financial inforniation) which
may be delivered to Consultant by Client.
Nothing above, however, shall prevent Consultant from disclosing to others or using in any
manner information that Consultant can demonstrate:
A. Has been published and has become part of the public domain other than by acts,
omissions or fault of Consultant, their employees, agents, contractors and/or consultants; or,
B. Has been furnished or made known to Consultant by a third party (other than
those acting directly or indirectly for or on behalf of Consultant or Client) as a matter of legal
right without restrictions on its disclosure; or,
C. Was in Consultant's possession prior to the date of this agreement and/or prior to
the date of disclosure thereof by Client.
D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order or
decree of any governmental authority having jurisdiction over Consultant or any of its
employees, agents, contractors and/or consultants.
The foregoing obligations in this Section 6 shall survive for a period of one (1) year from the
mutual execution of this Agreement.
7. TERM AND TERMINATION OF AGREEMENT
Unless otherwise earlier terminated pursuant to this contract, this Agreement shall remain in full
force and effect for one (1) year following the date of its execution by the City. Termination of
this Agreement shall discharge only those obligations that are executory by either party on and
after the effective date of termination. Any right or duty of a party based either on performance
or a breach of this Agreement, prior to the effective date of termination, shall survive.
A. Client reserves the right to terminate this Agreement at any time, with or without
cause, upon delivery of written notice to Consultant, even though Consultant is not in default. If
Client terminates this Agreement pursuant to this paragraph, Client shall compensate Consultant,
at the monthly rate contained in Exhibit B, for all monthly periods completed by Consultant, and
any subsequent monthly period in which Consultant has performed services for client, up to and
including the month of termination.
B. Consultant shall have the right to terminate its obligations pursuant to this
Agreement if one of the following conditions exists and it has not been remedied or cured within
thirty (30) days of Client's receipt of written notice of such condition:
3
i. A substantial breach of any material obligation of client under this
Agreement or
ii. If Consultant is unable for any reason beyond its control to perform its
obligations pursuant to this Agreement in a safe, lawful and professional maturer. It is
expressly understood that license and/or registration requirements are within the control
of Consultant.
Upon Consultants termination of its obligations, Client shall pay all actual expenses and
charges as of the date of termination, which charges and expenses shall not continue to
accrue after Client receives Consultant's notice of termination. In no event will said
expenses and charges exceed the not -to -exceed figures included in Exhibit B.
C. The termination of this Agreement under the provisions of this Article 7 shall not
affect the rights of either party with respect to any damages it has suffered as a result of any
breach of this Agreement, nor shall it affect the rights or obligations of either party with respect
to liability or claims accrued, or arising out of events occurring or conditions existing, prior to
the date of termination, all of which shall survive such termination.
8. DISCLOSURE OF CLIENT RELATIONSHIPS
Consultant agrees to provide Client (i) a list of Consultant's current clients for which it
provides services substantially similar to the services described in Exhibit A to this Agreement
prior to the beginning of each session of the Iowa General Assembly which occurs during the
term of this Agreement, and (ii) notice that Consultant has been retained by a new client to
provide services substantially similar to the services described in Exhibit A to this Agreement
during a session of the Iowa General Assembly which occurs during the term of this Agreement.
9. WAIVER
A Waiver on the part of the Client or Consultant of any tern, provision or condition of this
Agreement shall not constitute a precedent or bind either Party to a waiver of any succeeding
breach of the same or any other term, provision or condition of this Agreement.
10. ENTIRE AGREEMENT
This Agreement, including any Exhibits, the Request For Proposal, and Consultant Proposal,
constitute the entire Agreement between Consultant and Client. In the event of conflict between
these documents, this Agreement shall prevail. These documents supersede all prior or
contemporaneous communications, representations or agreements, whether oral or written,
relating to the Services set forth in this Agreement. This Agreement may be amended only by a
written instrument signed by both parties. The captions in this Agreement are for convenience in
identification of the several provisions arrd shall not constitute a part of this Agreement nor be
considered interpretative thereof.
4
11. ASSIGNMENT
This Agreement shall be binding upon the successors or assigns of the parties hereto. However,
this Agreement shall not be assigned by either party without first obtaining the written consent of
the other.
12. SEVERABILITY
Every paragraph, part, tens or provision of this Agreement is severable from the others. if any
paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or
unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining
paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall
remain in full force and effect.
13. NOTICES
Any information or notices required to be given in writing under this Agreement shall be deemed
to have been sufficiently given if delivered either personally or by certified mail (return receipt
requested, postage prepaid), to the address of the respective party set forth below, or to such
other address for either party as that party may designate by written notice.
For the Client:
Thomas Markus
City Manager
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
14. GENERAL TERMS
For the Consultant:
Thomas Stanbeny
Shareholder
Davis Brown Law Finn
215 10"' Street, Suite 1300
Des Moines, TA 50309
The Consultants agree to furnish, upon termination of this Agreement and upon demand by the
City, without cost, copies of all data prepared or obtained by the Consultants pursuant to this
Agreement, without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event, the Consultants shall not be liable for the City's use of
such documents on other projects.
Upon signing this agreement, Consultants 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 Iowa Code Section 362.
15. GOVERNING LAW
This Agreement shall be governed and interpreted pursuant to the laws of the State of Iowa.
The remainder of this page is intentionally left blank.
6
]Signature page for Agreement for Professional Services]
IN WITNESS WHEREOF, the Client and Consultant have caused this Agreement to be
executed by their duly authorized representatives, as follows:
CLIENT:
City of Iowa City
By: lw�
Matthew J. Hayek,ayol\ r
Attest: AL%.u�� 1[ - 16 ,G
ari r K. Karr, City Clerk
City Attorney Office:
CONSULTANT:
Davis, Brown, Koehn, Shors &
Roberts, P.C.
By: 0, &L
Thomas E. Stanberry,ihareholder
EXHIBIT A
CITY OF IOWA CITY, IOWA
LOBBYING SERVICES
SCOPE OF SERVICES:
Working in consultation with the City Manager and/or his designee, the following are
areas of responsibility of Consultant:
1. Development and maintenance of relationships with members of the Iowa
legislature, legislative leadership, and the executive branch to effectively represent the
interests of the City of Iowa City;
2. Provide assistance in policy development and in the preparation of a government
relations plan to support the City of lova City's legislative interests;
3. Monitor State legislative and regulatory issues with potential impact to the City of
Iowa City. Attend all appropriate committee hearings, rules meetings, legislative
functions and other events to promote the interests of the City of Iowa Citv;
d. Meet with legislators, executive branch, and other stakeholder lobbyists to discuss
weaknesses or merits of specific bills and to influence passage, defeat, amendments, or
introduction of legislation favorable to the City of Iowa City's interests;
5. Regularly communicate with the City of Iowa City concerning current and
potential legislation, regulations, and related issues that could have an impact on the city.
Including regular updates on legislative activities during the legislative session as
arranged with the City Manager and a weekly written update on legislative actions and
impacts;
& Attend City Council meetings quarterly. In addition, participate in staff meetings
as needed and requested by the City Manager;
7. Outreach, coordination, and collaboration with individuals and groups that have
interests similar to the City of Iowa City including but not limited to the Iowa City Area
Chamber of Commerce, the Metropolitan Coalition, and the Iowa League of Cities;
8. Develop with the City Manager and his staff appropriate grassroots messages that
reflect the City of Iowa City's concerns regarding legislative proposals. These written
messages can then be used to influence leaders to move the City's legislative agenda;
9. Plan and coordinate meetings between the City of Iowa City, legislators, and the
executive branch, including State of Iowa Departments, to discuss legislative issues and
proposals;
10. Dining the time the legislature is not in session, provide reports on issues of
interest or concern to the City of Iowa City including, but not limited to, action taken at
interim committee meetings, rulemaking bearings, status of task forces, and proposed
legislation and regulations;
11. Obtain and provide data pertaining to matters of interest to the City of Iowa City;
12. Develop, in cooperation with the City Manager's staff and subject to his and the
City Council's approval, an annual strategic work plan identifying from the list of City
infrastructure needs those capital projects that can be best positioned for State funding
support.
13. Provide such other lobbyist duties as are determined to be in the interests of the
City Council and as communicated to the Lobbyist by the City Manager.
Exhibit B
Compensation
The submitted pricing must include all of the costs required to perform the tasks to
complete the project in full. These costs include, but are not limited to, labor, materials,
equipment, travel (lodging and transportation), etc. Proposer shall submit one monthly
lump sum fee which shall be fully inclusive, and which shall be the exclusive sum
provided by the City to Proposer. This fee shall be paid upon invoicing after the
completion of each month.
Fixed, fully inclusive, lump sum fee for Professional Services for each month of
service:
2016 Total: $25,200.00 ANNUAL $2,100.00 PER MONTH
10
�` r CITY OF IOWA CITY
MEMORANDUM
Date: December 9, 2015
To: Tom Markus, City Manager
From: Ian Korpel, Management Intern
Re: My Brother's Keeper Initiative
Introduction:
In 2014, President Obama launched the My Brother's Keeper initiative to address persistent
opportunity gaps faced by boys and young men of color and to ensure that all young people can
reach their full potential.
Through this initiative, the Obama Administration is challenging cities and towns, businesses,
and foundations to work together to become "MBK Communities". This represents a call to
action designed to connect young people to mentoring, support networks, and the skills they
need to find a good job or go to college and work their way into the middle class. Three cities in
Iowa have accepted the My Brother's Keeper Challenge; Des Moines, Dubuque, and
Davenport. Mayor Pro Tem Mims brought this initiative to staff's attention for review and
evaluation.
Program Goals/Milestones:
If accepted, the challenge urges cities to take a "cradle -to -college -and -career" approach and
address as many of the following six goals laid out in the MBK Task Force's Report as possible.
• Getting a Healthy Start and Entering School Ready to Learn
o All children should have a healthy start and enter school ready — cognitively,
physically, socially, and emotionally.
• Reading at Grade Level by Third Grade
o All children should be reading at grade level by age 8 — the age at which reading to
learn becomes essential.
• Graduating from High School Ready for College and Career
o All youth should receive a quality high school education and graduate with the skills
and tools needed to advance to postsecondary education or training.
• Completing Postsecondary Education or Training
o Every American should have the option to attend postsecondary education and
receive the education and training needed for the quality jobs of today and tomorrow.
4d(9)
December 9, 2015
Page 2
Successfully Entering the Workforce
o Anyone who wants a job should be able to get a job that allows them to support
themselves and their families.
• Keeping Kids on Track and Giving Them Second Chances
o All youth and young adults should be safe from violent crime; and individuals who
are confined should receive the education, training, and treatment they need for a
second chance.
Discussion:
My Brother's Keeper calls for cross -sector collaboration and a commitment from many
community groups and stakeholders. With this in mind, staff recommends referring to the City
Manager's Roundtable to vet the proposal and reach a consensus as to whether the City should
participate in the program. If the Roundtable encourages participation, the City's Equity Director
would be asked to invite other community stakeholders as identified in MBK program materials
to participate in the next steps.
Recommendation:
Staff recommends referring the My Brother's Keeper proposal to the City Manager's Roundtable
to vet the program. A resolution is on tonight's agenda directing the City Manager to include the
My Brother's Keeper initiative in the next City Manager's Roundtable discussion. If the
Roundtable encourages participation, the City's Equity Director will begin the process of
engaging community stakeholders.
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415
RESOLUTION NO. 15-377
RESOLUTION ACCEPTING THE WORK FOR THE PCC PAVEMENT
REHABILITATION PROJECT 2015
WHEREAS, the Engineering Division has recommended that the work for construction of the
PCC Pavement Rehabilitation Project 2015, as included in a contract between the City of Iowa
City and Midwest Concrete, Inc. of Peosta, Iowa, dated August 18, 2015, 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, funds for this project are available in the Pavement Rehabilitation account # S3824;
and
WHEREAS, the final contract price is $222,553.50.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 15th day of December , 20 15
&'�-4
MAYOR ��-
Approved by
ATTEST: 1 / k�
CIT ERK `yCity Attorney's Office (L�(4
It was moved by Mims
adopted, and upon roll call there were:
AYES:
and seconded by Dobyns the Resolution be
NAYS:
ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
Pweng/masters/acptwork.doc
12/15
ENGINEER'S REPORT
December 4, 2015
q� (<")
6.CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: PCC Pavement Rehabilitation Project 2015
Dear City Clerk:
I hereby certify that the construction of the PCC Pavement Rehabilitation Project 2015 has been
completed by Midwest Concrete Inc. of Peosta, Iowa in substantial accordance with the plans
and specifications prepared by the City of Iowa City.
Project award amount as a unit price contract = $138,724.20.
As a result of receiving favorable concrete patching contract unit prices, and fund availability, an
increase in quantity within the same scope of work in the amount of $83,828.30 (Add) was
allowed to provide more street pavement repair under this contract. No change orders for
unforeseen scope changes were needed with this contract.
Final contract price is $222,553.50.
1 recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason R. Havel, P.E.
City Engineer
pweng/masters/engrpt. doc
4d(12)
wmwmw
Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413
RESOLUTION NO. 15-378
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PUBLIC WORK
EXTERIOR WASHOUT, PCC ACCESS ROAD AND STORM SEWER
IMPROVEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Iowa City Public Works Washout, PCC Access Road and Storm Sewer Improvement Project, as
included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of
Iowa City, dated October 17, 2015, 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, funds for this project are available in the Public Works Facility Site Work account #
P3956; and
WHEREAS, the final contract price is $442,878.99.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 15th day of December —,20 15
ATTEST: ,% _ -eQ,y"I
CIT LERK
It was moved by Mims
adopted, and upon roll call there were:
AYES:
Approved by
City Attorney's Office / /7 -
and seconded by Dobyns the Resolution be
NAYS:
ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
X Mims
x Payne
x Throgmorton
Pweng/masters/acptwork. doc
12/15
� r
��.=. -4
ENGINEER'S REPORT �-w--
CITY OF IOWA CITY
410 East Washington Street
December 3, 2015 Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
City Clerk wwwJCgov.org
City of Iowa City, Iowa
Re: Iowa City Public Works Exterior Washout, PCC Access Road and Storm
Sewer Improvement Project
Dear City Clerk:
I hereby certify that the construction of the Iowa City Public Works Exterior
Washout, PCC Access Road and Storm Sewer Improvement Project has been
completed by Calacci Construction Company, Inc. of Iowa City, Iowa in
substantial accordance with the plans and specifications prepared by the City of
Iowa City and Kueny Architects of Pleasant Prairie, Wl.
The project was bid as a lump sum contract and the final contract price is
$442,878.99 which included additional pavement required for the maintenance of
the Emulsion Tank.
There were four change orders for the project as described below:
1. 400 amp electric service from the MidAmerican transformer
at the new Animal Shelter to the Warm Storage Building
was installed. An additional electric service was provided
from the Warm Storage Building to the Emulsion Tank
location for the installation of a convenience outlet. $ 9,632.13
2. 8 Concrete Bollards were installed in front of the Warm
Storage Building prior to paving, an existing septic tank
that was found on site and in the footprint of a future
building site was removed and the proposed 4' sidewalk
was widened to 8' and extended to the PCC Access Drive. $10,069.50
3. The Streets Division requested that the storm sewer grates
in the PCC Access Drive be changed from standard round,
flat grates to vane grates to match the inverted crown of the
roadway to help reduce icing in the winter. The existing
water main was lower than expected and was raised to
accommodate storm sewer installation. $ 3,915.41
4. There was a math error on change order No. 3 and the cost
of the vane grates was decreased. ($ 203.75)
TOTAL $23,413.29
I recommend that the above -referenced improvements be accepted by the City of
Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415
RESOLUTION NO. 15-379
RESOLUTION ACCEPTING THE WORK FOR THE HIGHLAND AVENUE
WATER MAIN REPLACEMENT PROJECT 2015
WHEREAS, the Engineering Division has recommended that the work for construction of the
Highland Avenue Water Main Replacement Project 2015, as included in a contract between the
City of Iowa City and Volkens Excavating, Inc. of Dyersville, Iowa, dated June 16, 2015, 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, funds for this project are available in the Highland Avenue Water Main account #
W3299; and
WHEREAS, the final contract price is $149,875.30.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 15th day of
ATTEST:
CITY'GLERK
It was moved by Mims
adopted, and upon roll call there were:
December .20 15
MAYOR
Approved by
--/& U, �"
City Attorney's Office I y S
and seconded by Dobyns the Resolution be
AYES: NAYS:
X
X
X
X
X
X
X
Pweng/masters/acptwork. doc
12/15
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
5
4d(13)
ENGINEER'S REPORT
December 4, 2015
_i t i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: Highland Avenue Water Main Replacement Project 2015
Dear City Clerk:
I hereby certify that the construction of the Highland Avenue Water Main Replacement Project
2015, has been completed by Volkens Excavating, Inc. of Dyersville, Iowa in substantial
accordance with the plans and specifications prepared by the City of Iowa City.
Project award amount as a unit price contract = $183,829.00.
There was one change or extra work order for the project as described below:
1. Standard Seed and Mulch Application $920 (Add)
This item was added in lieu of item #35 which results in a net deduct of $230 to the contract.
Final contract price is $149,875.30.
1 recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason R. Havel, P.E.
City Engineer
pweng/masters/engrpt. doc
=14=
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415
RESOLUTION NO. 15-380
RESOLUTION ACCEPTING THE WORK FOR THE 2014 CURB RAMP
IMPROVEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2014 Curb Ramp Improvement Project, as included in a contract between the City of Iowa City
and Feldman Concrete of Dyersville, Iowa, dated October 23, 2014, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the Curb Ramp Construction - ADA account #
S3822; and
WHEREAS, the final contract price is $91,035.20.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 15th day of December , 20 15
ATTEST:
CITY LERK
Approved by
z fjw,
City Attorney's Office /.-Z j Lf (15
-
It was moved by Mims and seconded by Dobyns the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X Botchway
X Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Pweng/masters/acptwork.doc
12/15
ENGINEER'S REPORT
December 4, 2015
� r j
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: 2014 Curb Ramp Improvement Project
Dear City Clerk:
I hereby certify that the construction of the 2014 Curb Ramp Improvement Project has been
completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans
and specifications prepared by the City of Iowa City.
Project award amount as a unit price contract = $87,560.00
There were three change or extra work orders for the project as described below:
1. Sidewalk Curb Installation $2,010.00 (Add)
2. Water Valve Adjustments $465.00 (Add)
3. Standard Seed and Mulch Application $6,750.00 (Add)
Change in quantity or scope of work using contract unit prices $5,749.80 (Deduct)
Final contract price is $91,035.20.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason R. Havel, P.E.
City Engineer
pweng/masters/engrpt. doc
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410
RESOLUTION NO. 15-381
RESOLUTION ACCEPTING THE WORK FOR THE SYCAMORE STREET GSR
BOOSTER PUMP VFD REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Sycamore Street GSR Booster Pump VFD Replacement Project, as included in a contract
between the City of Iowa City and Neumiller Electric, Inc. of Iowa City, Iowa, dated March 13,
2015, 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, funds for this project are available in the Ground Storage Reservoir VFD Upgrades
account # W3213; and
WHEREAS, the final contract price is $76,330.00.
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 15 th day of
ATTEST:
CITY tLERK
December .20 15
MAYOR
Approved by
City Attorney's Office Z Q
It was moved by Mims and seconded by Dobyns the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
12-13-15
4d(15)
ENGINEER'S REPORT
December 8, 2015
City Clerk
City of Iowa City, Iowa
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Re: Sycamore Street GSR Booster Pump VFD Replacement Project
Dear City Clerk:
I hereby certify that the Sycamore Street GSR Booster Pump VFD Replacement
Project has been completed by Neumiller Electric, Inc. of Iowa City, Iowa, in
substantial accordance with the plans and specifications prepared by Veenstra &
Kimm, Inc.
The project was bid as a unit price contract and there were no change or extra
work orders for the project. The final contract price is $76,330.00.
I recommend that the above -referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Jason R. Havel, P.E.
City Engineer
Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356-5142
RESOLUTION NO. 15-382
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 SNYDER AND ASSOCIATES, INC. OF CEDAR RAPIDS,
IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 4 -LANE TO 3 -
LANE STREET CONVERSIONS — FIRST AVENUE (U.S. HIGHWAY 6 TO MALL DRIVE)
AND MORMON TREK BOULEVARD (U.S. HIGHWAY 1 TO MELROSE AVENUE)
PROJECT.
WHEREAS, the CITY of Iowa City desires to improve traffic and pedestrian safety within the First Avenue
and Mormon Trek Boulevard corridors; and
WHEREAS, the City of Iowa City desires to convert First Avenue (U.S. Highway 6 to Mall Drive) and Mormon
Trek Boulevard (U.S. Highway 1 to Melrose Avenue) from 4 -lanes to 3 -lanes; and
WHEREAS, the project generally includes 4 -lane to 3 -lane conversions on First Avenue (U.S. Highway 6 to
Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue), traffic signal replacement at
three intersections (Mormon Trek Boulevard), replacement of non -ADA compliant sidewalk ramps,
incorporation of on -street bike accommodations and the addition of a right -turn lane on Mormon Trek at
Benton Street; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for
construction of the 4 -Lane to 3 -Lane Street Conversions — First Avenue (U.S. Highway 6 to Mall Drive) and
Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue) Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Snyder and
Associates, Inc. to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Snyder and Associates,
Inc.; and
WHEREAS, funds for this project are available in the First Avenue 3 Lane Conversion account #S3937 and
Mormon Trek Boulevard 3 Lane Conversion account #S3868.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's
Agreement.
3. The City Manager is authorized to execute contract amendments that are deemed necessary to
complete the design of the above-named project.
Passed and approved this 15th day of December , 201.
Approved by(�
ATTEST: &auA�DUl (qA_ _ w(fee" .
CI LERK City Attorney's Office t -Z
pwenglmasters\Res-ConsultAgt.doc
Resolution No. 15-382
Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: DAYS: ABSENT:
x Botchway
FA
Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of December 2015
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder &
Associates, Inc., of 5005 Bowling Street SW, Suite A, Cedar Rapids, IA 52404, hereinafter referred to as the
Consultant.
WHEREAS, the project includes preliminary and final design services relating to proposed 4 -lane to 3 -lane
conversions on I" Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S. Highway 1 to
Melrose Avenue); modification of existing traffic control on V Avenue; and traffic signal replacement at three
intersections, pavement reconstruction and rehabilitation, replacement of non -ADA compliant sidewalk ramps, and
addition of a right -turn lane on Mormon Trek Boulevard; and
WHEREAS, the City desires to secure the services of a consultant to provide engineering services related to the 4 -
lane to 3 -lane conversions on 1'` Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S.
Highway 1 to Melrose Avenue); and
WHEREAS, the City issued to qualified consultants a request for proposals to provide engineering services for the
aforementioned project; and
WHEREAS, through the proposal and interview process, Snyder and Associates, Inc. displayed the highest level of
project understanding and depth of knowledge/experience on 4 -lane to 3 -lane conversion projects; and
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.
TASK 1— DATA COLLECTION AND INITIAL PUBLIC INVOLVEMENT
1. The Consultant will participate in an initial kick-off meeting with the City to establish the goals and
objectives of the project. This meeting will provide an opportunity to confirm strategy and schedule, as
well as gather any existing relevant information from the City.
2. The Consultant will perform survey and obtain background data necessary to prepare basemapping for
the project. The consultant will evaluate the survey to determine ADA compliance of existing facilities.
3. The Consultant will perform traffic studies and analysis, including:
a. Data Collection - The Consultant will utilize existing traffic counts that were collected within
the last four years. The Consultant will collect peak hour turning movement counts to update
existing counts that are more than six years old at the following locations:
i. I" Ave & US Hwy 6
ii. Mormon Trek & Westside Dr
iii. Mormon Trek & Walden Sq/Cameron Way
The Consultant will also conduct travel time studies along Mormon Trek to aid in validating
existing traffic models. These will be collected during three periods for one hour each period.
Request for Proposal #16-73, Page 2 of 8
b. Coordination with City, DOT, and MPOJC - The Engineer will coordinate with City, DOT,
and MPOJC staff to receive other existing traffic counts along both the 1" Ave and Mormon
Trek corridors and determine appropriate future traffic projections.
c. Analysis - The Consultant will perform analysis (both AM and PM peak hours) on the
existing traffic counts with the existing corridor geometry to compare and adjust models to
represent existing operational conditions along both I" Ave and Mormon Trek corridors.
Once the models have been validated, they will be revised to proposed geometry and
analyzed for impacts of converting to the three -lane option. Upon completion of existing
traffic volume analyses, the Consultant will incorporate projected traffic volumes to
determine long range impacts of conversion or determine when modifications are necessary
to the three -lane option.
d. Report - The Consultant will prepare a report documenting the findings of the data collection
and analysis for the City and to share findings at public meetings as necessary.
e. Meetings - The Consultant will attend a meeting with City staff to discuss the results of the
traffic study. The Consultant will also participate in a Council Work Session to provide
Council Members with the results of the traffic analysis and recommendations for
improvements.
4. After the Council Work Session, the Consultant will meet with City Staff to prepare a plan for the
initial public meetings (one per corridor).
5. The Consultant will assist with the facilitation of the initial public meetings. The Consultant will
send out notifications and prepare visual aids and handouts for the meetings. It is anticipated that the
City will procure the meeting location.
6. Assumptions: The City will provide existing traffic signal timings and available as-built/construction
drawings for traffic signals along the I" Ave and Mormon Trek corridors. The intersections include:
i. I" Ave & US Hwy 6
ii. I" Ave & Lower Muscatine Rd
iii. Mormon Trek & IA Hwy 1 (timings only)
iv. Mormon Trek & Westside Dr (timings only)
V. Mormon Trek & Rohret Rd/Cae Dr
vi. Mormon Trek & Benton St
vii. Mormon Trek & Walden Sq/Cameron Way
viii. Mormon Trek & Melrose Ave (timings only)
TASK 2 — DETERMINATION OF RECOMMENDED FUNCTIONAL DESIGN
I. The Consultant will analyze the existing roadway geometry, review pavement condition and joint
patterns, and review current access spacing.
2. Based on the results of this review and the findings of the traffic study and analysis, the Consultant will
determine bicycle accommodation improvement needs, turn lane needs, ADA improvements, lane
widths, striping patterns, and turn lane lengths.
3. The Consultant will perform a field review of the existing traffic signals impacted by the three lane
conversion to determine if any equipment could be reused as a part of the project. Signal alteration
and replacement needs will be identified.
4. The Consultant will provide the recommended functional design to the Iowa DOT for review and
comment.
TASK 3 — TRAFFIC MODELING TO PREDICT FUTURE CONDITIONS
1. The Consultant will prepare simulations to help visualize traffic flow through a three -lane configuration.
2. Mainline and intersection capacities will be evaluated and travel time impacts will be estimated.
3. The Consultant will also review bicycle level of service within the corridors.
Request for Proposal #16-73, Page 3 of 8
TASK 4 — PUBLIC ENGAGEMENT
1. The Consultant will prepare before and after functional geometry roll plots, simulations, and photo -
imaging. The Consultant will also prepare opinion survey materials and content for use on City media
and online outlets to aid in public engagement.
2. The Consultant will assist with the facilitation of two public engagement meetings (one per corridor) to
gather input on the proposed functional design from the public.
TASK 5 — ALTERATIONS TO FUNCTIONAL DESIGN BASED ON PUBLIC INPUT
1. The Consultant will compile the results of opinion surveys and analyze and respond to comments
received from the interest groups, stakeholders, and public meeting attendees.
2. The Consultant will revise the proposed project concept based on feedback received through the public
engagement process and from City Staff.
TASK 6 — PUBLIC INFORMATION TO RELAY THE FINAL CONCEPT
The Consultant will prepare a final concept report for distribution to interest groups, stakeholders,
public meeting attendees, and the City. The final concept report will include a summary of input
received and any responses needed to address public concerns. It is anticipated that distribution of the
final concept will be by email or mail, and that another public meeting will not be necessary.
2. The Consultant will prepare content for use on City media and online outlets. This content may include
short informational articles and small graphics appropriate for posting on the City's website, facebook,
or Twitter accounts.
TASK 7 — DESIGN AND PLAN PRODUCTION
1. The Consultant will design the proposed improvements for the project, including the following:
a. Roadway Design
i. Typical cross sections
ii. Typical construction details
iii. Geometric improvements
iv. Pavement rehabilitation or repair
v. ADA improvements and associated sidewalk ramp details for Iowa DOT S Sheets at
the Mormon Trek Boulevard intersections with Rohret Rd/Cae Dr, Benton Street, and
Walden Sq/Cameron Way.
vi. Pavement markings
vii. Staging and Traffic Control details
b. Signal Design
i. Signal modifications at:
1. 1'Ave&USHwy 6
2. 151 Ave & Lower Muscatine Rd
ii. Signal replacement at:
1. Mormon Trek & Rohret Rd/Cae Dr
2. Mormon Trek & Benton St
3. Mormon Trek & Walden Sq/Cameron Way
Request for Proposal # 16-73, Page 4 of 8
2. The Consultant will prepare up to ten acquisition plats necessary for construction of the proposed
improvements. It is anticipated that acquisition plats will be necessary at these locations:
a. Mormon Trek & Rohret Rd/Cae Dr — SW and SE corners (2 plats)
b. Mormon Trek & Benton St — SE Comer (4 plats)
c. Mormon Trek & Walden Sq/Cameron Way — All corners (4 plats)
3. The Consultant will coordinate with utilities to address potential conflicts with the proposed
improvements.
4. The Consultant will prepare two sets of construction plans and specifications for local letting; one for 151
Ave and one for Mormon Trek. The plans will contain sufficient details, notes, and tabulations for
construction of all of the work included in list of proposed improvements above.
a. Plans will be submitted for City review at 30%, 60%, and 90% completion milestones.
Specifications will be submitted for review at the 90% completion milestone.
b. Plans will also be submitted to the Iowa DOT for review and revised based on comments
received.
TASK 8 — BID ASSISTANCE
1. The Consultant will prepare bidding documents for two locally let projects. The Consultant will also
prepare plan clarifications and addenda if needed during the letting period.
2. The Consultant will attend one preconstruction meeting for each of the construction projects.
TASK 9 — EXTRA SERVICES (to be added or deleted by Supplemental Agreement if requested)
1. If the number of acquisitions plats necessary for the proposed improvements deviates from the count of
ten provided for in the base agreement, the Consultant will adjust the total fee by $1,800 per plat.
2. The Consultant will be available to perform construction services for the projects, should the City
request a supplemental agreement for this additional work.
H. TIME OF COMPLETION
The Consultant will work to complete the following phases of the Project in general accordance with the following
schedules.
18T AVENUE IMPROVEMENTS
Work Task
Milestone Dates
Council Action on A eement
December 15, 2015
Kick-off Meeting with City Staff
January 2015
Task 1— Data Collection and Initial Public Involvement
December 2015 — January 2016
Task 2 — Determination of Recommended Functional Design
January 2016 — February 2016
Task 3 — Traffic Modeling to Predict Future Conditions
February 2016
Task 4 — Public Engagement
March 2016
Task 5 — Alterations to Functional Design Based on Public Input
March 2016
Task 6 — Public Information to Relay the Final Concept
Aril 2016
Task 7 — Design and Plan Production
March 2016 — April 2016
Task 8 — Bid Assistance
May 2016 — June 2016
Request for Proposal #16-73, Page 5 of 8
MORMON TREK BOULEVARD EffROVEMENTS
Work Task
Milestone Dates
Council Action on Agreement
December 15, 2015
Kick-off Meeting with City Staff
January 2016
Task 1— Data Collection and Initial Public Involvement
December 2015 — January 2016
Task 2 — Determination of Recommended Functional Design
January 2016 — February 2016
Task 3 — Traffic Modeling to Predict Future Conditions
March 2016
Task 4 — Public Engagement
March 2016
Task 5 — Alterations to Functional Design Based on Public Input
Aril 2016
Task 6 — Public Information to Relay the Final Concept
Aril 2016
Task 7 — Design and Plan Production
Aril 2016 — August 2016
ROW Acquisition (by City)
Aril 2016 — August 2016
Task 8 — Bid Assistance
September 2016 — October 2016
III. GENERAL TERMS
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.
Request for Proposal #16-73, Page 6 of 8
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.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a
professional engineer affixed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that
failure of the Consultant to satisfactorily perform in accordance with this Agreement shall 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 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.
Request for Proposal #16-73, Page 7 of 8
IV. COMPENSATION FOR SERVICES
The total hourly, not to exceed fee for services under this Agreement is $172,990.00. The associated hour estimate
is included below.
$156x163
Project
Mans
Traffic
En ineer
$132
Engineer
$110
Survey/
C
$123
Planner
$94
Graphic
spewalist
Survey& Data Collection
-
Project Kick-off Meeting with City of Iowa City
4
4
4
SiteAssessmerd
2
8
Utility Coordination
4
Pavement Condition Analysis
2
4
Limited Topographic Survey
60
Limited Boundary Survey
80
Base Map Preparation
40
SUBTOTALHOURS
6
6
20
200
0 1
0
SUBTOTAL AMOUNT
$26,674
Traffic Analysis
-
Traffic Data Collection
2
24
Traffic Forecasting
2
8
Traffic Modeling
4
40
32
Technical Analysis Memo
4
24
4
16
SUBTOTAL HOURS
0
12
96
4
0
48
SUBTOTAL AMOU -
$19,820
Public kwoivement
Meetings end Coordination with City of Iowa City (4)
12
12
24
8
City Council Work Session
4
4
8
4
4
Meeting and Coordination with ®OT (1)
4
4
12
2
Public Meetings (4)
32
24
40
24
32
64
SUBTOTAL HOURS
52
44
84
38
32
68
SUBTOTAL AMO
$41,760
Design
Traffic Control Design
2
16
Pavement Design
2
16
Intersection Design
24
Traffic Signal Design
2
80
Construction Phasing Pian
2
2
16
Construction Details
2
2
24
ADA Pedestrian Ramp Design.
2
24
Right of Way Design
6
24
SUBTOTAL HOURS
14
8
224
1 0 10
0
SUBTOTAL AMOUNT
$33,216
Plan Production
Plan View Sheets
1
4
24
Intersection Details
2
8
24
Traffic Signal Plans
2
12
80
Construction Phasing Plans
1
2
8
24
Detail Sheets
4
16
Tabulations, Quantities, Notes
4
a
Sidewalk Ramp Detail Sheets (Iowa DOT S Sheets)
2
24
24
Acquisition Plat Preparation (10)
6
96
SUBTOTAL HOURS
6 1
4
70
296 1
0 1
0
SUBTOTAL AMOUNT
$43,468
Bid Phase Assistance
-
Preparation of Bidding Documents
2
2
4
8
Preparation of Find Construction Cost Estimates
2
8
Preparation of Addenda (lf required)
4
4
Preconslruction Meetings (2)
8
16
SUBTOTAL HOURS
2
12
32
12
0
0
SUBTOTAL AMOUNT
$8,052
TOTALHOURS
80
86
526
550
32
116
TOTAL AMOUNTS
$12,460
$15,738
$69,432 $60,500
$3,936
$10,904
TOTALFEE
$172,990
Request for Proposal #16-73, Page 8 of 8
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.
C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any
legal proceeding instituted with respect to this Agreement shall be brought in a court of competent
jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein
and irrevocably waive any objection as to venue therein, including any argument that such proceeding
has been brought in an inconvenient forum.
FOR THE CITY
Title: Mayor
Date: December 15, 2015
ATTEST:
FOR THE CONSULT
By:
Title: e.rN.rss._ __00,X-IkA
Date;
Approved by:
� (44. (k Azm�
City Attorney's Office
1-7d if I 1SDate
r -
��_,.® CITY OF IOWA CITY 4
MEMORANDUM
DATE: December 3, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer -'
RE: Consultant Agreement for the 4 -Lane to 3 -Lane Street Conversions - First
Avenue (U.S. Highway 6 to Mall Drive) and Mormon Trek Boulevard (U.S.
Highway 1 to Melrose Avenue) Project - December 15, 2015
Introduction:
The 4 -Lane to 3 -Lane Street Conversions on First Avenue and Mormon Trek Boulevard
generally involve restriping the existing pavement to a 3 -lane section (a through lane in either
direction with a center two-way left turn lane) with bike lanes, traffic signal replacement at three
intersections on Mormon Trek (Rohret Rd./Cae Dr., Benton St., Walden Sq./Cameron Way),
replacement of non -ADA compliant sidewalk ramps and the addition of a right turn lane on
Mormon Trek Boulevard at Benton Street. The main objectives of the projects are to improve
safety, implement complete streets measures and to promote other modes of travel (i.e. walking
and biking).
History/Background:
Current research suggests that converting a 4 -lane roadway to a 3 -lane roadway improves
vehicle and pedestrian safety, reduces vehicular speeds (traffic calming), improves emergency
response time and potentially provides on -street bike accommodations.
With both the First Avenue and Mormon Trek Boulevard corridors being good candidates for a
4 -lane to 3 -lane conversion, the City of Iowa City was successful in securing two grants
($500,000 per corridor) through the Iowa Department of Transportation Traffic Safety
Improvement Program.
Discussion of Solutions:
An agreement has been negotiated with Snyder and Associates, Inc. to provide engineering
services for completion of the project design and preparation of construction documents related
to the 4 -Lane to 3 -Lane Street Conversions on First Avenue (U.S. Highway 6 to Mall Drive) and
Mormon Trek Boulevard (U.S. Highway 1 to Melrose Avenue).
Financial Impact:
The not -to -exceed fee for these engineering services is $172,990, and funding will be via
general obligation bond proceeds.
Recommendation:
Staff recommends approval of the engineering services consultant agreement with Snyder and
Associates, Inc. at the December 15, 2015 City Council Meeting.
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of , ,
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder &
Associates, Inc., of 5005 Bowling Street SW, Suite A, Cedar Rapids, IA 52404, hereinafter referred to as the
Consultant.
WHEREAS, the proj\includes preliminary and final design services relating to proposed 4 -lane to 3 -lane
conversions on 1St Av. Highway 6 to Mall Drive) and Morm Trek Boulevard (U.S. Highway 1 to
Melrose Avenue); moof existing traffic control on 1St Avenu and traffic signal replacement at three
intersections, pavemenction and rehabilitation, replacement of on -ADA compliant sidewalk ramps, and
addition of a right-turnormon Trek Boulevard; and
WHEREAS, the City desires to se re the services of a consultant to rovide engineering services related to the 4-
lane to 3 -lane conversions on 1St A enue (U.S. Highway 6 to M 1 Drive) and Mormon Trek Boulevard (U.S.
Highway 1 to Melrose Avenue); and
WHEREAS, the City issued to qualified
aforementioned project; and
WHEREAS, through the proposal and interview
project understanding and depth of knowledge/e)s
NOW THEREFORE, it is agreed by and between
Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
a request fof proposals to provide engineering services for the
Sny0er and Associates, Inc. displayed the highest level of
on lane to 3 -lane conversion projects; and
hereto that the City does now contract with the
Consultant agrees to perform the following services f r the City, an\meeting
a timely and
satisfactory manner.
TASK 1— DATA COLLECTION AND INIT PUBLIC INVO
1. The Consultant will participate i an initial kick-off the City to establish the goals and
objectives of the project. This eting will provide a,to confirm strategy and schedule, as
well as gather any existing relev nt information from the City.
2. The Consultant will perform rvey and obtain background data nece ary to prepare basemapping for
the project. The consultant 11 evaluate the survey to determine ADA co pliance of existing facilities.
3. The Consultant will perfo traffic studies and analysis, including:
a. Data Collection - he Consultant will utilize existing traffic counts at were collected within
the last four yea . The Consultant will collect peak hour turning
no
ment counts to update
existing counts ns
hat are more than six years old at the following locatio,:
i. 1 st Av & US Hwy 6
ii. Mo on Trek & Westside Dr
iii. M rmon Trek & Walden Sq/Cameron Way
The Consultant will also conduct travel time studies along Mormon Trek to aid in validating
existing traffic models. These will be collected during three periods for one hour each period.
b. Coordination with City, DOT, and MPOJC - The Engineer will coordinate with City, DOT,
and MPOJC staff to receive other existing traffic counts along both the 1St Ave and Mormon
Trek corridors and determine appropriate future traffic projections.
Request for Proposal #16-73, Page 2 of 8
c. Analysis - The Consultant will perform analysis (both AM and PM peak hours) on the
existing traffic counts with the existing corridor geometry to compare and adjust models to
represent existing operational conditions along both Is' Ave and Mormon Trek corridors.
Once the models have been validated, they will be revised to proposed geometry and
analyzed for impacts of converting to the three -lane option. Upon completion of existing
traffic vola analyses, the Consultant will incorporate projected traffic volumes to
determine to range impacts of conversion or determine when modifications are necessary
to the three -la option.
d. Report - The Co sultant will prepare a report documenting the findings of the data collection
and analysis for th City and to share findings at public meetings as necessary.
e. Meetings - The Con ultant will attend a meeting with City staff to discuss the results of the
traffic study. The C sultant will also participate i a Council Work Session to provide
Council Members wi the results of the traff analysis and recommendations for
improvements.
4. After the Council Work Session, t e Consultant will mee with City Staff to prepare a plan for the
initial public meetings (one per corri or).
5. The Consultant will assist with the ilitation of the ' itial public meetings. The Consultant will
send out notifications and prepare visua aids and han uts for the meetings. It is anticipated that the
City will procure the meeting location.
6. Assumptions: The City will provide exists g traffic ignal timings and available as-built/construction
drawings for traffic signals along the I` Av and rmon Trek corridors. The intersections include:
i. ls` Ave & US Hwy 6
ii. ls` Ave & Lower Muscatine Rd
iii. Mormon Trek & IA Hwy 1 (timi s only)
iv. Mormon Trek & Westside Dr ( mi s only)
V. Mormon Trek & Rohret Rd/C e Dr
vi. Mormon Trek & Benton St
vii. Mormon Trek & Walden SX/Cameron ay
viii. Mormon Trek & MelroseAve (timings ly)
TASK 2 — DETERMINATION OF
1. The Consultant will analyze the /xisting roadway
patterns, and review current
2. Based on the results of this
determine bicycle accomm
widths, striping patterns, ani
3. The Consultant will perfo
conversion to determine
and replacement needs ill
4. The Consultant will ovic
comment.
DESIGN
, review pavement condition and joint
acce spacing.
revit and the findings of the traffi study and analysis, the Consultant will
o tion improvement needs, turn 1 e needs, ADA improvements, lane
rn lane lengths.
n a field review of the existing traffic ignals impacted by the three lane
any equipment could be reused as a pa of the project. Signal alteration
be identified.
the recommended functional design to tie Iowa DOT for review and
TASK 3 — TRAFFIC MODELFAG TO PREDICT FUTURE CONDITIONS
1. The Consultantill prepare simulations to help visualize traffic flow through`a three -lane configuration.
2. Mainline and ' tersection capacities will be evaluated and travel time impacts will be estimated.
3. The Consultant will also review bicycle level of service within the corridors.
TASK 4 — PUBLIC ENGAGEMENT
Request for Proposal # 16-73, Page 3 of 8
1. The Consultant will prepare before and after functional geometry roll plots, simulations, and photo -
imaging. The Consultant will also prepare opinion survey materials and content for use on City media
and online outlets to aid in public engagement.
2. The Consultant will assist with the facilitation of two public engagement meetings (one per corridor) to
gather input on the proposed functional design from the public.
TASK 5 — ALTERATIONS TO
1. The Consultant will comp
received from the interest gr
2. The Consultant will revise the
engagement process and from
TASK 6 — PUBLIC INFORMATION TO
DESIGN BASED ON PUBLIC INPUT
the results of opinion surveys and analyze ,
:)s, stakeholders, and public meeting attendees.
roposed project concept based on feedback r
� Staff.
THE FINAL CONCEPT
respond to comments
through the public
The Consultant will prepare a finaloncept report for distribute to interest groups, stakeholders,
public meeting attendees, and the Ci The final concept re rt will include a summary of input
received and any responses needed to ad ess public concern/eeting
It is anticipated that distribution of the
final concept will be by email or mail, and t at another public will not be necessary.
2. The Consultant will prepare content for use on ity media And online outlets. This content may include
short informational articles and small graphicspropri e for posting on the City's website, facebook,
or Twitter accounts.
TASK 7 — DESIGN AND PLAN PRODUCTION
1. The Consultant will design the proposed improv ent for the project, including the following:
a. Roadway Design
i. Typical cross sections
ii. Typical construction detai
iii. Geometric improvement
iv. Pavement rehabilitatio or repair
v. ADA improvement and associated sidewal ramp details for Iowa DOT S Sheets at
the Mormon Trek oulevard intersections wit Rohret Rd/Cae Dr, Benton Street, and
Walden Sq/Cam ron Way.
vi. Pavement mar rags
vii. Staging and raffic Control details
b. Signal Design
i. Signal m difications at:
1. 1 St Ave & US Hwy 6
. 1" Ave & Lower Muscatine Rd
ii. Signal replacement at:
1. Mormon Trek & Rohret Rd/Cae Dr
2. Mormon Trek & Benton St
3. Mormon Trek & Walden Sq/Cameron Way
2. The Consultant will prepare up to ten acquisition plats necessary for construction of the proposed
improvements. It is anticipated that acquisition plats will be necessary at these locations:
a. Mormon Trek & Rohret Rd/Cae Dr — SW and SE corners (2 plats)
Request for Proposal #16-73, Page 4 of 8
b. Mormon Trek & Benton St — SE Corner (4 plats)
c. Mormon Trek & Walden Sq/Cameron Way — All corners (4 plats)
3. The Consultant will coordinate with utilities to address potential conflicts with the proposed
improvements.
4. The Consultant will repareZreok
sets of construction plans and specifications for local letting; one for 0
Ave and one for Mo on \ork
The plans will contain sufficient details, notes, and tabulations for
construction of all of thded in list of proposed improvements above.
a. Plans will befor City review at 30%, 60%, and 90% completion milestones.
Specifications itted for review at the 90% completion milestone.
b. Plans will alsoed to the Iowa DOT for review andreised based on comments
received.
TASK 8 — BID ASSISTANCE
1. The Consultant will prepare bidding dod
prepare plan clarifications and addenda if
2. The Consultant will attend one nreconstru
TASK 9 — EXTRA SERVICES (to be added or deleted by
Ls for two locally let
A during the letting p
meeting for each of >
ects. The Consultant will also
construction projects.
if requested)
1. If the number of acquisitions plats necessary for th proposed ' provements deviates from the count of
ten provided for in the base agreement, the Consult will ad' st the total fee by $1,800 per plat.
2. The Consultant will be available to perform const do services for the projects, should the City
request a supplemental agreement for this additional wo
H. TIME OF COMPLETION
The Consultant will work to complete the following phases ofthe Projectn general accordance with the following
schedules. / \
1' AVENUE OWROVEMENTS
Work Task
Milestone Dates
Council Action on Agreement
D cember 15, 2015
Kick-off Meeting with City Staff
Ja ary 2015
Task 1 — Data Collection and Initial Public Iroolvement
Dec tuber 2015 — January 2016
Task 2 — Determination of Recommended F nctional Design
JanAy 2016 — February 2016
Task 3 — Traffic Modeling to Predict FutuV6 Conditions
Febru 2016
Task 4 — Public Engagement
March kO16
Task 5 — Alterations to Functional Des' Based on Public Input
March 26,16
Task 6 — Public Information to Relay e Final Concept
Aril 2016
Task 7 — Design and Plan Productio
March 2016 — April 2016
Task 8 — Bid Assistance
May 2016 — June 2016
Request for Proposal # 16-73, Page 5 of 8
MORMON TREK BOULEVARD IMPROVEMENTS
Work Task
Milestone Dates
Council Action on Agreement
December 15, 2015
Kick-off Meeting with City Staff
January 2016
Task 1— Data Collection and Initial Public Involvement
December 2015 — January 2016
Task 2 — Determination of Recommended Functional Design
January 2016 — February 2016
Task 3 — Traffic Modeling to Predict Future Conditions
March 2016
Task 4 — Public Angagement
March 2016
Task 5 — Alteratio s to Functional Design Based on Public Input
Aril 2016
Task 6 — Public hifoVnation to Relay the Final Concept
Aril 2016
Task 7 — Design and Nan Production
Aril 2016 — August 2016
ROW Acquisition (by 'ty)
April 2016 — August 2016
Task 8 — Bid Assistance
Sqptember 2016 — October 2016
III. GENERAL TERMS
A. The Consultant shall not c mmit any of the following empl ment practices and agrees to prohibit
the following practices in an subcontracts.
1. To discharge or refus to hire any individual ecause of their race, color, religion, sex,
national origin, disabili age, marital status, nder identity, or sexual orientation.
2. To discriminate against an individual in erms, conditions, or privileges of employment
because of their race, color, eligion, s , national origin, disability, age, marital status,
gender identity, or sexual orien ation.
B. Should the City terminate this Agreeme
performed up to the time of termination.
sum" amount listed in Section W. The C
days' written notice to the Consultant. ,
C. This Agreement shall be binding u
no assignment shall be without the
D. It is understood and agreed that
Project shall be as an independe
the right to employ such assistar)
Consultant shall be paid for all work and services
;ver, such sums shall not be greater than the "lump
✓ terminate this Agreement upon seven (7) calendar
ion he succe ors and assigns of the parties hereto, provided that
tten consen of all Parties to said Agreement.
e retention of the Consultant by the City for the purpose of the
contractor and sha 1 be exclusive, but the Consultant shall have
as may be required r the performance of the Project.
E. It is agreed by the City that # records and files pertaii
for the project shall be avail ble by said City upon ret
agrees to furnish all reason le assistance in the use of
F. It is further agreed that r)6 Party to this Agreement shall
local law or any of the o/dinances of the City of Iowa City,
to information needed by the Consultant
ble request to the Consultant. The City
. cords and files.
contrary to any state, federal, or
G. At the request of the ity, the Consultant shall attend meetings f the City Council relative to the
work set forth in thV Agreement. Any requests made by the Cishall be given with reasonable
ns
notice to the Coant to assure attendance. t\
H. The Consultaneagrees to furnish, upon termination of this Agreeme�t and upon demand by the
City, copies of all basic notes and sketches, charts, computations, andlany other data prepared or
Request for Proposal # 16-73, Page 6 of 8
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.
I. The Co sultant agrees to furnish all reports, specifications, and drawings, with the seal of a
professional engineer affixed thereto or such seal as required by Iowa law.
J. The City a ees to tender the Consultant all fees in a Thely manner, excepting, however, that
failure of the onsultant to satisfactorily perform in accorce with this Agreement shall constitute
grounds for the ity to withhold payment of the amounticient to properly complete the Project
in accordance wit)( this Agreement.
K. Should any section dYthis Agreement be found inval' , it is agreed that the remaining portion shall
be deemed severable m the invalid portion and cqAtinue in full force and effect.
L. Original contract drawing shall become the pro rty of the City. The Consultant shall be allowed
to keep reproducible copies\orthe Consultant'sling use.
M. Fees paid for securing appf authoriti s having jurisdiction over the Project will be paid by
the City.
N. Upon signing this agreement, Co ul t acknowledged that Section 362.5 of the Iowa Code
prohibits a City officer or employee having an interest in a contract with the City, and certifies
that no employee or officer of the , which includes members of the City Council and City
boards and commissions, has an eres either direct or indirect, in this agreement, that does not
fall within the exceptions to/saisutory rovision enumerated in Section 362.5.
O. The Consultant agrees at amateria to this Agreement to have and maintain professional
liability insurance covering sultant's bility for the Consultant's negligent acts, errors and
omissions to the City in the1,000,000.
Request for Proposal # 16-73, Page 7 of 8
IV. COMPENSATION FOR SERVICES
The total hourly, not to exceed fee for services under this Agreement is $172,990.00. The associated hour estimate
is included below.
. . . . .....
.... .. .....
. ............. .. .....
..............
...............
......................................... .
............... .. . ............
....................
.....................
........
.......... ....... ...............................
$156
Project
Manager
$183
Traffic
Engines r
$132
Engineer
$110
Survey
Cadd Tech
$123
Planner
$94
G raphic
Specialist
Survey& Data Collection
.............................
...................................
16
Project Kick-off Meeting with City of\wa City
4
4
4
Site Assessment
2
8
Utility Coordination
2
2
4
Pavement Condition Analysis
2
2
4/
I
Limited Topographic Survey
2
24\
80
Limited Boundary Survey
6
24 \
80
Base Map Preparation
14
8
224
40
0
1 0
SUBTOTAL HXURS
6
6
20
200
0
0
SUBTOTAL L'�CT
. .....
.....
.....:.:::::.:::::::::::::::::::.......4
.. . ...............
.. . .... . .......
X, ........
... .............. .............
. ........ * . .............
..................
........
$26,674
.............
....................
Traffic Analysis
..........................
.....................
......... x.
.... .
..........
.....................
X ...........................
........
Traffic Data Collection
2
2
24
Traffic Forecasting
2
8
0
Traffic Modeling
1
4/
40
A
32
Technical Analysis Wmo
J
24
4
16
SUBTOTAL HOURS
0
12
96
4
0
48
SUBTOTAL AMOUNT
2
24
$19,820
Public Involvement
.....................................
6
...........................
. ............
.
. . ... .....
........
. .. ..........
Meetings and Coordination with City of Iowa City (4)
12
12
24
8
0
0
City Council Work Session
4
4
8
4
4
Meeting and Coordination with ]DOT (1)
4
4
12
2
..........
............
..........................
.............
Public Meetings (4)
32
111?4
40
24
32
64
SUBTOTAL HOURS
52/
2
84
38
32
68
SUBTOTAL AMOUNT
4
$41,760
Design
..
... .......... .
..............
. . ..
.. . ....................
. ..........
............ ....................
Traffic Control Design
2
16
Pavement Design
2
16
Intersection Design
24
Traffic Signal Design
2
80
Construction Phasing Plan
2
2
16
Construction Details
2
2
N
I
ADA Pedestrian Ramp Design
2
24\
Right of Way Design
6
24 \
SUBTOTAL fiOURS
14
8
224
0
0
1 0
SUBTOTAL/WU
$3N216
Plan Production
. .....
.....
.....:.:::::.:::::::::::::::::::.......4
.. . ...............
.. . .... . .......
X, ........
... .............. .............
. ........ * . .............
..................
........
..
.............
....................
Plan View Sheets
24
Intersection Details
2
824
Traffic Signal Plans
2
12
0
Construction Phasing Plans
1
2
8
A
Detail Sheets
4
1
16
Tabulations, Quantities, Notes
4
8
Sidewalk Ramp Detail Sheets (Iowa [YbT S Sheets)
2
24
24
Acquisition Plat Preparation (10)
6
96
/SUBTOTAL HOURS
6
4
70
296
0
0
SUBTOTAL AMOUNT.
$43,468
Bid Phase Assistance X.
.......................................
............................
-
. .......
.....................
..............
..........
............
..........................
.............
Preparation of Bidding Documeos
2
2
4
8
Preparation of Final Constructijin Cost Estimates
2
8
Preparation of Addenda (if re fired)
4
4
Preconstruction Meetings Qf
8
16
SUBTOTAL HOURS
2
12
32
12
0
0
SUBTOTAL AMOUNT
$8,052
TOTAL HOURS
80
86
526
550
32
116
TOTAL AMOUNTS
$12,480
$15,738
$69,432 $60,500
$3,936
$10,904
TOTAL FEE
$172,990
Request for Proposal #16-73, Page 8 of 8
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 a%ha
d that there are no other considerations r monies contingent upon or resulting from
the executionthis Agreement, that it is the entire Agreement, and that no other monies or
considerationa been solicited.
C. This Agreement sha be interpreted and enforced in a cordance with the laws of the State of Iowa. Any
legal proceeding insti ted with respect to this A ement shall be brought in a court of competent
jurisdiction in Johnson\anobjection
ty, Iowa. The parties ereto hereby submit to personal jurisdiction therein
and irrevocably waive as to venue erein, including any argument that such proceeding
has been brought in an venient forum.
FOR THE CITY
By: /By:
Title
Date:
ATTEST:
FOR THE CONSULTANT
Approved by:
Ci Attorney's Office
"( / i Sr
Date
1/ 6 (/-/)
Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410
RESOLUTION NO. 15-383
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 1 TO
THE JUNE 17, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND MCCLURE ENGINEERING COMPANY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE SLOTHOWER ROAD/IWV ROAD WATER
MAIN PROJECT.
WHEREAS, the City of Iowa City entered into a contract on June 17, 2014 for consulting services
with McClure Engineering Company, of North Liberty, Iowa, to provide design services for the
Slothower Road/IWV Road Water Main Project; and
WHEREAS, the City of Iowa City desires to broaden the scope of services to be performed by the
Consultant to provide additional design development and plan revisions and to prepare and
update final design for construction of the Slothower Road/IWV Road Water Main Project; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with McClure
Engineering Company; and
WHEREAS, funds for this project are available in the Slothower Road - Melrose Water Main
account #W3215; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant Agreement, Slothower Road/IWV Road Water Main Project, Amendment
No.1 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
Amendment No. 1 to the Consultant's Agreement.
Passed and approved this 15th day of December , 2015.
►i_V&91:
Approved by
ATTEST: 4
-
CIT €RK " City Attorney's Office 12Ip-Il
Resolution No. 15-383
Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
AMENDMENT NO. 1
TO
CONSULTANT AGREEMENT
THIS AMENDMENT NO. 1, made and entered into this /5r#day of Mgan, 2015, by and between
the City of Iowa City, a municipal corporation, hereinafter referred to as the City and McClure
Engineering Company, of North Liberty, Iowa, hereinafter referred to as the Consultant.
WHEREAS, the City and Consultant entered into a Consultant Agreement on or about June 17,
2014, for engineering consulting services for the Slothower Road/IWV Road Water Main Project;
and
WHEREAS, in the course of performance on said agreement, the City determined that a
geotechnical study was necessary and appropriate during design of the Project, that a separate
tree removal plan was necessary and appropriate to accommodate Indiana Bat habitat and
migration activities; and
WHEREAS, the City has also determined that the water main should not extend to the landfill as
originally contemplated; and
WHEREAS, this Amendment No. 1 is necessary to amend the Scope of Services and
Compensation to address these changes in circumstances.
NOW THEREFORE, it is agreed by and between the parties hereto that the Consultant
Agreement, dated June 17, 2014, is hereby amended as follows:
I. Section I. Scope of Services, Task 2.03 Soil Boring Coordination in the Consultant Agreement
shall be deleted and replaced with the following:
The CONSULTANT will prepare request for proposals and obtain bids from Geotechnical
Firms for completion of geotechnical investigation of the proposed project corridor. The
Geotechnical Firm selected shall be considered a sub -consultant for CONSULTANT. The
geotechnical investigation will provide soil boring logs, ground water information, bedrock
depths, and corrosive nature of existing soils and leaking underground storage tank
(LUST) site testing, including soil and groundwater plume modeling. Additionally, the
suitability of the in situ soil for use as bedding and backfill material will be evaluated for the
Project. A geotechnical investigation report provided by the selected Geotechnical Firm
will be included with the final bidding documents. The geotechnical investigation shall be a
contract directly between the CONSULTANT and the Geotechnical Consultant. Costs for
the geotechnical investigation shall be paid by the CONSULTANT.
II. Section 1. Scope of Services, Task 4.02 Check Plan Preparations (90%) in the Consultant
Agreement shall be amended to add the following:
Revise the 90% Check Plans, including the drawings and specifications, to remove
reference to the IWV Water Main Improvements to the Landfill, as directed by CITY.
III. Section 1. Scope of Services, Task 4.05 Final Bidding and Construction Documents in the
Consultant Agreement shall be amended to add the following:
-2 -
CONSULTANT shall prepare separate plan sheet for demolition of trees by CITY and
mark/stake trees for removal by CONSULTANT'S Survey Crew.
IV. Section IV. Compensation for Services in the Consultant Agreement is amended to add a
fee for the amended Scope of Services described above as follows:
In consideration of the services, work, equipment, supplies, or materials provided herein, the City
agrees to pay the Consultant a lump sum fee of $3,800 for the Geotechnical investigation, and the
following HOURLY NOT -TO -EXCEED FEE of $3,887.50 for Revisions to Check Plans and
Construction Documents, including any authorized reimbursable expenses, pursuant to the
Schedule of Fees attached and incorporated into the Consultant Agreement. The amended total
not -to -exceed fee is $60,087.50.
III. All other provisions of the Consultant Agreement not specifically and expressly amended
herein remain in full force and effect.
FOR THE CITY F R THE ONSULTANT
By: �z� BY
Title: Mayor Ti 'fo `- l� �►�
Date: December 15, 2015 Date: l2•Oq ' 2o�S
Approved by:
City Attorney's Office
/ 2 b SJ -/.r
Date
4
CITY OF IOWA CITY 4d(17)
MEMORANDUM -
DATE: December 9, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer -J�H XX
RE: Slothower Road/IWV Road Water Main Project — December 15
Introduction:
This project includes the installation of a new 16 -inch water main along the east side of
Slothower Road, from Tempe Place to Melrose Avenue.
History/Background:
Prior to the project, existing water mains along Melrose Avenue and Tempe Place terminated as
dead ends, making customers in these areas susceptible to water outages if a main break were
to occur. This project included the installation of a new 16" DIP water main, which tied into the
12 water mains located near Tempe Place and along Melrose Avenue. These improvements
complete a looped system in the area, which provides for a more reliable system with the ability
to maintain water flow from another direction in the case of a main break.
McClure Engineering Company was contracted to provide engineering services for design and
construction documents related to the Project. The contract amount was $52,400.
Discussion of Solutions:
During the design process, it was determined work outside the original scope was required, and
the scope was expanded to provide a geotechnical study and revisions to check plans and
construction documents (including the removal of the proposed water main to the landfill and the
addition of a tree removal plan).
The additional scope of work for the geotechnical study involved hiring of a subconsultant to
complete a geotechnical investigation to provide soil boring logs, ground water information,
bedrock depths, corrosive nature of existing soils and leaking underground storage tank (LUST)
site testing, including soil and groundwater plume modeling.
The revisions to check plans and construction documents included two tasks, removal of
proposed water main to the landfill and development of a tree removal plan. The original project
scope included new water main along Slothower Road, as well as new water main along
Melrose Avenue/IWV Road from Slothower Road to the landfill. However, as the design was
being finalized, several issues arose related to extending new water main to the landfill,
including difficulty in determining an alignment that would work under present conditions, as well
as future conditions if Melrose Avenue/IWV Road were improved/reconstructed. Because of
those issues, the proposed water main would likely need to be replaced as part of any future
project that altered the profile of Melrose Avenue/IWV Road. The City decided to remove the
proposed water main to the landfill from the plans prior to the final plan submittal, and the
Consultant was directed to make revisions to update the plans accordingly.
A tree removal plan was also added to the project scope. The plan was necessary to allow for the
removal of impacted trees in preparation for the project, to accommodate Indiana Bat habitat and
migration activities.
December 9, 2015
Page 2
Financial Impact:
The not -to -exceed fee for the original contract was $52,400, and funding was via Water
revenues.
Amendment No. 1 includes the following additional fees:
Geotechnical Study: $3,800.000
Revisions to Check Plans and Construction Documents: $3,887.50
The amended total not -to -exceed fee for this project is $60,087.50.
Recommendation:
Staff recommends proceeding with approval of Amendment No. 1
7 61- C/ 7)
AMENDMENT NO. 1
TO
CONSULTANT AGREEMENT
THIS AMENDMENT NO. 1, made and entered into this ,_ day f , 2015, by and between
the City of Iowa City, a cipal corporation, hereinafter r rred to as the City and McClure
Engineering Company, North Liberty, Iowa, hereinafter ref rred to as the Consultant.
WHEREAS, the City an Consultant entered into a Co ultant Agreement on or about June 17,
2014, for engineering co ulting services for the Sloth er Road/IWV Road Water Main Project;
and
WHEREAS, in the course of performance on�te
aid agreement, the City determined that a
geotechnical study was ne sary and approp ' during design of the Project, that a separate
tree removal plan was nece sary and appr nate to accommodate Indiana Bat habitat and
migration activities; and
WHEREAS, the City has also d ermine hat the water main should not extend to the landfill as
originally contemplated; and
WHEREAS, this Amendment No. is necessary to amend the Scope of Services and
Compensation to address these cha es in circumstances.
NOW THEREFORE, it is agre d and between the parties hereto that the Consultant
Agreement, dated June 17, 201 , is he by amended as follows:
I. Section I. Scope of Service , Task 2. Soil Boring Coordination in the Consultant Agreement
shall be deleted and replace with the foil wing:
The CONSULTANT ill prepare requ st for proposals and obtain bids from Geotechnical
Firms for completio of geotechnical i vestigation of the proposed project corridor. The
Geotechnical Firm selected shall be co sidered a sub -consultant for CONSULTANT. The
geotechnical inv tigation will provide s ' boring logs, ground water information, bedrock
depths, and co rosive nature of existin soils and leaking underground storage tank
(LUST) site t ting, including soil and gr undwater plume modeling. Additionally, the
suitability of t e in situ soil for use as beddin and backfill material will be evaluated for the
Project. A eotechnical investigation report rovided by the selected Geotechnical Firm
will be incl ed with the final bidding document . The geotechnical investigation shall be a
contract d' ectly between the CONSULTANT a the Geotechnical Consultant. Costs for
the aeot hnical investigation shall be paid by the ONSULTANT.
II. Section . Scope of Services, Task 4.02 Check Plan reparations (90%) in the Consultant
Agreeme shall be amended to add the following:
vise the 90% Check Plans, including the drawing and specifications, to remove
reference to the IWV Water Main Improvements to the Lan 'll, as directed by CITY.
III. Section 1. Scope of Services, Task 4.05 Final Bidding and Cons ction Documents in the
Consultant Agreement shall be amended to add the following:
-2 -
CONSULTANT shall prepare separate plan sheet for de olition of trees by CITY and
mark/stake trees for removal by CONSULTANT'S Survey rew.
IV. Section IV. Compensation for Services in the Consul nt Agreement is amended to add a
fee for the amended Scope of Services described above as ollows:
In consideration of the services, work, equipment,
agrees to pay the Consultant a lump sum fee of V
following HOURLY NOT -TO -EXCEED FEE of
Construction Documents, including any authori;
Schedule of Fees attached and inted into
not -to -exceed fee is $60,087.50. 7
)p 'es, or materials provided herein, the City
for the Geotechnical investigation, and the
87.50 for Revisions to Check Plans and
reimbursable expenses, pursuant to the
Consultant Agreement. The amended total
III. All other provisions of the ConsdY ant/Agreement not specifically and expressly amended
herein remain in full force and effect. \\ //
FOR THE CITY
By:
Title:
Date:
ATTEST:
By:
Title:
Date:
FOR THE CONSULTANT
Apprpved by:
City Attorney's Office
/Z /¢/,S-
Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 15-384
RESOLUTION REVISING AND ADOPTING THE IOWA CITY INTERIM
MUNICIPAL DESIGN STANDARDS PART 7 (WATER DISTRIBUTION SYSTEM)
AND CONSTRUCTION SPECIFICATIONS SECTION 02660 (WATER
DISTRIBUTION).
WHEREAS, the Iowa City Interim Design Standards Part 7 (Water Distribution) needs to be
revised to include updated materials as well as updated design requirements that are in alignment
with the Statewide Design and Specifications (SUDAS); and
WHEREAS, the City of Iowa City desires to have the Iowa Department of Natural Resources
approve the construction specifications for water distribution; and
WHEREAS, this approval will streamline the Iowa Department of Natural Resources review of all
water main construction permits in Iowa City; and
WHEREAS, the Iowa Department of Natural Resources requires that the construction
specifications be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Iowa City Interim Design Standards Part 7 (Water Distribution) and Construction
Specifications Section 02660 (Water Distribution) on file in the City Engineer's Office is
hereby approved and shall be used for all public water distribution design and
construction.
2. The design standards and construction specifications shall be kept on file in the City
Engineer's Office and shall be made available to the staff and public for use in the
construction of public water distribution improvements within the City of Iowa City.
Passed and approved this 15th day of December —,20 15
MAYOR
Approved by
ATTEST: � �, �
CITY ERK City Attorney's Office
Resolution leo. 15-384
]Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
g
Throgmorton
l 12-15-15
CITY OF IOWA CITY 4d4dd i 8 i�
MEMORANDUM
DATE: December 2, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer
RE: Water Distribution Design and Specification Revisions -December 15, 2015
Introduction:
The Iowa City Interim Municipal Design Standards Part 7 (Water Distribution System) and
Construction Specifications Section 02660 (Water Distribution) have been revised to meet
current standards and regulations.
History/Background:
The Iowa City Interim Municipal Design Standards Part 7 (Water Distribution System) and
Construction Specifications sections 02660 (Water Distribution) are utilized by engineers and
contractors for the design and construction of water main within the City. Additionally, the
construction specifications are submitted to the Iowa Department of Natural Resources for
approval for water distribution. Approval of these specifications streamlines the Iowa
Department of Natural Resources' review of all water main construction permits in Iowa City. In
order for the Iowa Department of Natural Resources to approve the City's specifications, they
require the construction specifications be approved by the City Council.
Discussion of Solutions:
The Design Standards Part 7 (Water Distribution) has been modified to include updated
materials as well as updated design requirements that are in alignment with the Statewide
Urban Design and Specifications (SUDAS). The Construction Specifications Section 02660
(Water Distribution) have been updated to meet current versions of the American Water Works
Association (AWWA), Statewide Urban Design and Specifications (SUDAS) specifications and
Iowa Department of Natural Resources standards.
Financial Impact:
There is no financial impact.
Recommendation:
Staff recommends proceeding with the following schedule for this project:
December 15, 2015 —Approve revisions
Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 15-385
RESOLUTION REVISING THE SIDEWALK CAFE POLICY TO ALLOW
FOR CONTINUED LIMITED USE OF A PLANTER ON WASHINGTON
STREET UNTIL THE STREETSCAPE PROJECT BEGINS.
WHEREAS, Resolution No. 12-435 adopts a "Sidewalk Cafe Policy;"
WHEREAS, the Sidewalk Cafe Policy allows for limited use of planters subject to a 3 -year
lottery with the next 3 -year period for the planter in the 100 block of E. Washington Street
to begin February 2016;
WHEREAS, said planter on Washington Street will be permanently removed as part of the
Streetscape Project in 2016;
WHEREAS, BoJames has been allowed to use the said planter for the previous three
years;
WHEREAS, BoJames has requested to be allowed to continue to use said planter until the
streetscape project begins in the spring of 2016;
WHEREAS, because the planter will be permanently removed in 2016, it is reasonable to
revise the Sidewalk Cafe Policy to allow BoJames to continue to use the planter during the
spring of 2016 upon execution of an agreement and payment of the fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
The "Sidewalk Cafe Policy" (Paragraph 6 of the section entitled Planters) is amended
to allow for the following exception to the lottery provision for planters: Notwithstanding
any provision herein, BoJames may continue to use the planter in the 100 block of E.
Washington Street until the streetscape project begins in 2016 upon execution of an
agreement and payment of a pro -rated fee.
Passed and approved this 15th day of December , 2015.
MAYOR
Approved by:
ATTEST: c
CITYkGLERK City Attorney's Office
Resolution No. 15-385
)Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
DAYS: ABSENT:
g
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
X
Throgmorton
'mr p°� CITY OF IOWA CITY alMEMORANDUM
Date: December 4, 2015
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant City Manager
Re: Sidewalk Cafe Policy Revision
Under the City's Sidewalk Cafe Policy, businesses may utilize planters for cafe's with appropriate
authorization. The policy recognizes the significant upfront cost that a business has to make to
convert a planter space to a cafe and thus allows for a three year usage period. Bo -James has
operated a planter cafe on Washington Street for the last three years.
It is anticipated that Washington Street will be reconstructed in 2016. As part of the project, the
planter that Bo -James utilizes will not be reconstructed. Bo -James has requested that it be
allowed to continue usage of the planter for the first several months of 2016 until such time the
project necessitates its permanent removal.
Given the circumstances, staff finds this to be a reasonable request and has drafted an
amendment to the policy to accommodate this specific request. The amendment allows Bo -James
to forgo the three year lottery process detailed in the current policy. If approved, Bo -James will be
required to pay a prorated fee for the planter usage in 2016.
^.per CITY OF IOWA CITY 4d(20)
ANDUM MEMOR4d(21)
To: Tom Markus, City Manager
From: Wendy Ford, Economic Development Coordinator
Date: December 8, 2015
Re: Economic Development Committee Recommendations
On December 1, 2015, the City Council Economic Development Committee (EDC)
approved recommending two requests for funding assistance to the full City Council.
One was a request for $7,908 in funding assistance for Little Village Magazine's
upgrading of office space in order to relocate operations to Riverfront Crossings. The
other was a request for funding the Creative Corridor branding efforts in the amount of
$10,000 for the current fiscal year and to be included in the budgets of FY17 and 18.
The staff memos provided in the EDC agenda packet are included for your information
as well as the relevant text from the preliminary draft of the December 1, 2015 EDC
minutes below:
CONSIDER A REQUEST FOR FINANCIAL ASSISTANCE FOR LITTLE VILLAGE MOVE TO
RIVERFRONT CROSSINGS OFFICE• $7,900
Ford introduced the next agenda item, a request for financial assistance from Little Village
magazine. She stated that Matt Steele, owner of Little Village, has been trying to find ways
to grow the business and recently found office space in the same building as Her Soup
Kitchen, just north of the railroad depot on Dubuque Street. The building, recently
purchased by Steve (former City of Iowa City employee) and Suzanne Long is in need of
updating. The building owners and business owner desire to help maintain the character
of this particular neighborhood by ensuring the old building is maintained and by creating
appealing office space. The plan is to improve the energy efficiency of the building and the
aesthetics. Ford reviewed planned upgrades and noted that there is also a plan to offer an
artist in residence space in the building. Of the expected $24,000 in expenses to achieve
this plan, the owners are requesting funding of $7,908 (1/3) from the City.
Ford noted that the Comprehensive Plan and the Riverfront Crossings District Plans include
several goals that can be met, in part, supporting this request. She added that Little Village,
an employer of people in the creative fields of editing and writing and design, is also a great
resource for visitors to the city. She said staff is recommending the City fund one-third of
the $24,000 in costs to upgrade this building. Matt Steele noted that he greatly appreciates
the Council's time and consideration in this matter. Payne asked about the HVAC systems
and if owners are seeking a MidAmerican rebate for the HVAC system. Steele stated that he
was not aware of this, and Payne further explained what MidAmerican offers, stating it
could help reduce costs. She also asked about the LED lighting, suggesting they may also be
able to get a rebate for some of those expenses. Markus noted that the Steve Long, the new
owner of the building is the same Steve Long who used to work for the City. Markus then
asked Steele how long a lease he will have on this new location. He responded that it is a
five-year lease. Showing his support, Hayek stated that he believes Little Village provides
an element of investigative journalism and coverage on local issues that is often lacking
with the broader media. Payne then asked a question about the photos shown regarding
facade upgrades. She questioned if this would be covered under the City's facade program
or not. Ford stated that it would qualify but that that program is out of funds at this time.
Hayek moved to recommend the request to the full City Council for financial
assistance for Little Village's move to the Riverfront Crossings area, in the amount of
$7,908.
Payne seconded the motion.
The motion carried 3-0.
CONSIDER A REQUEST FOR FUNDING CREATIVE CORRIDOR REQUEST: $10.000:
Ford noted the letter accompanying this request, stating that this request was made back in
April to the City to participate in helping to fund the 'Creative Corridor' branding efforts.
She stated that there is no one representative present today regarding this request, and
that she would give Members some background on this branding effort. She noted the
Creative Corridor branding is an effort that began a few years ago, with a goal to help the
Iowa City area and the corridor within the national marketplace. These efforts are targeted
to employers, and to people who might move to the area for employment. Ford noted who
some of the key players are in this effort - the University of Iowa and the City of Cedar
Rapids along with ten other municipalities and economic development organizations in the
region. Markus added that both ICAD and the Cedar Rapids Metro Economic Alliance are
currently attempting to partner on tenant recruitment and marketing, and he believes it is
important for Members to remember that when corporations are looking at potential
relocation, they are looking at places with larger populations. It is the wider 'corridor'
aspect provides that greater population and laborshed than the City would have on its own.
He also stated the growing competition with Des Moines and the 'corridor' they have
established there with Ames and Iowa State University. Markus stated that he would
recommend a funding commitment subject to an annual review, even if the Council agrees
to set aside budgetary dollars for this for a three-year period.
Mims noted that this effort has been going on now for several years, and that at first there
were questions about the actual benefits from this initiative. She stated that with the staff
recommendation, she is assuming that they are seeing positive results from this. Payne
asked for clarification on the timing. Markus reiterated that the request is for a three-year
period, starting with the current year's (FY16) amount. Hayek also asked how the funds
are spent. Markus responded that with the Corridor Branding efforts, marketing is the
main expense. Hayek added that he also believes there should be a Creative Corridor
report to the committee after this funding cycle, so that they can better assess the
effectiveness of this initiative.
Payne moved to approve the request for funding Creative Corridor at $10,000 for
FY16, and for intent to budget for FYs 17 and 18, with an annual review each year.
Hayek seconded the motion.
The motion carried 3-0.
^�'r,® CITY OF IOWA CITY
MEMORANDUM
To: Economic Development Committee
From: Wendy Ford, Economic Development Coordinator
Date: November 23, 2015
Re: 12/1/15 Agenda item #4, Request for funding; Little Village
Intro
Little Village Magazine is requesting $7,908 in financial assistance to help with the relocation and
remodeling of an office location in Riverfront Crossings just north of the old Train Depot at 623 S.
Dubuque Street. Little Village will move their operations to the new location, collaborate with an artist in
residence for studio space and open a small retail shop with specialty items and gallery space for the
artist. Little Village employs six full-time employees in the creative fields of writing, editing, graphic design
and web design.
History
The building is an older office building that is also home to Her Soup Kitchen restaurant. Building owners
and Little Village Magazine owners have a strong interest in maintaining the charming older character of
that block of Riverfront Crossings and feel that attracting Little Village Magazine as a business tenant to
the neighborhood helps to do that.
The building co-owners, Steve and Suzanne Long and Little Village owner, Matt Steele plan to spend
almost $24,000 on building upgrades. A combination of energy efficiency upgrades (furnace, A/C,
windows and lighting) along with cosmetic improvements (paint, flooring and signage) will improve the old
building, add appealing and affordable new office space, and give a boost to the exterior appeal with a
modest budget.
Discussion
The economic development section of the Comprehensive Plan update (IC2030: May, 2013) states a goal
of encouraging a healthy mix of independent, locally owned businesses and national businesses, in part,
by recognizing that small and independently owned, local businesses are integral to Iowa City's "brand"
and sense of identity. Additionally, the plan states a goal of supporting entrepreneurial activity and
promoting an economic culture of innovation and collaboration among entrepreneurs and existing
businesses. To this end, Little Village will be sharing office/studio space with an artist -in -residence who
will also enjoy affordable space, be able to grow their business and collaborate on artistic projects for the
magazine.
The building is located in the Central Crossings sub district of the Riverfront Crossings Master Plan (Dec.
2012). Noted in the plan is a goal to maintain a moderate scale and intensity of use and to ensure that
office uses are available. Owners want to ensure this one-story office building stays a one-story office
building. Located just a few feet north of the historic Rock Island Depot building, its one-story size fits well
and will help maintain the moderate scale of the small commercial neighborhood there.
The City Council's 2014-15 Strategic Planning Priorities include three goals that relate directly to
supporting Little Village request: 1) healthy neighborhoods, 2) a strong urban core, and 3) engaging in
strategic economic development activities. Little Village has 6 full time people who desire to live and work
in a pedestrian -oriented neighborhood. The office building in this neighborhood helps to meet the goal of
healthy neighborhoods by ensuring there are places to work in the neighborhood. Being three blocks from
the center of downtown Iowa City, the project contributes to the goal of maintaining a strong urban core.
As the employer of what are largely creative industry jobs (writing, editing and design), investing in the
future of Little Village can be considered a strategic economic development activity.
Economic Development policies require that for consideration of economic development financial
assistance, the developer must contribute at least as much as the request from the City. In this case, the
building owner and the building tenant would pay 2/3 of the $23,725 and are requesting the other 1/3
($7,908) from the City.
Recommendation
Because this request for financial assistance is aligned with the Comprehensive Plan, the Central District
Plan and the City Council Strategic Planning Priorities staff recommends the funding request be granted
from FY16 Economic Development funds.
A L W A Y S F RE E
LITTLE VILLAGE
IOWA CITY'S NEWS & CULTURE MAGAZINE
Iowa City Economic Development Committee Oct. 26, 2015
c/o Wendy Ford
Dear Friends on the Iowa City Economic Development Committee:
Exciting news: In November, Little Village will open a new office at 623 S Dubuque St, in Iowa City's Riverfront Cross-
ings district. Though we will be a new addition to the neighborhood, our hope is that this investment in older building
stock in that area will help Iowa City retain some of the original character of that block, as we believe aligns well with
the city's plans.
Nearly $24,000 in updates are currently underway, including exterior and interior repairs and updates, as well as the
addition of an artist studio — the first of its kind to open in the newly appointed arts -friendly district.
Commercial activity will include marketing and design services — currently employing six full time creative profession-
als and serving over 100 public and private organizations in the Iowa City area — with potential expansions into light
retail, art exhibition, or coffee service, depending on the changing demands of the neighborhood as it grows.
Here is a breakdown of known costs:
• Interior wall removal and remodel: $1500
• Exterior paint: $2000
• Energy efficient front door and windows: $3800
• High efficiency furnace/AC: $6000
• New flooring: $4500
• Exterior glass block repairs: $625
• Updated electric $1200
• High efficiency LED Lighting and ceiling tile replacement: $3100
• Interior painting: $1000
• Total: $23,725
Little Village and the building owners, ICBUR,LLC, request that the City partner with us to make these improvements,
jump-starting this exciting addition to the Riverfront Crossings district with a 1/3 share of expenses ($7908).
Thank you for your consideration,
Matthew Steele, Little Village
publisher@littlevillagemag.com
cell: 319-512-9395
Attached Images: Exterior "before" & "after," flooring samples
623 S Dubuque St.
EXTERIOR BEFORE &AFTER
FLOORING:
Main Area: slatted, char-
coal -hue, wood -grain
flooring will replace
outdated, heavily soiled
carpeting. (See "Pent
House" at left)
Offices: Green flooring
matching "LV green"
branding will deaden
sound in our primary work
spaces. (See "Pine
Needles" at right). New
white desks will brighten
the space.
r
�I.® CITY OF IOWA CITY
'''�� MEMORANDUM
To: Economic Development Committee
From: Wendy Ford, Economic Development Coordinator
Date: November 23, 2015
Re: 12/1/15 Agenda item #5, Request for funding; Creative Corridor Branding Sponsorship
Intro
The Creative Corridor brand was established a few years ago to promote the rich assets of the corridor to
four target market markets: a) companies located in, expanding in or moving to the corridor, b) current
residents and employees, c) potential residents and employees, and d) young college-educated residents
who are not place -bound. They are requesting $10,000 in FY16, 17 and 18.
History
The impetus for creating a regional brand stemmed from the idea that promoting the area along and at
either end of the 1-380/218 corridor between Washington and Benton counties, as opposed to each part
of the area individually, would have a larger impact on the regional and national appeal of the area.
The Creative Corridor campaign is a collaborative effort involving organizations from up and down the
corridor pledging annual contributions to continue the effort. The following is a list of contributing
organizations and their annual pledges.
Organization
Yearly Pledge
University of Iowa
$26,666.00
Kirkwood
$13,333.00
Cedar Rapids Metro Economic Alliance
$5,000.00
Iowa City Chamber of Commerce
$2,500.00
Marion Chamber of Commerce
$1,000.00
City of North Liberty
$5,000.00
Iowa City Area Development Group
$5,000.00
East Central Iowa Council of
Governments
$1,500.00
City of Coralville
$7,500.00
City of Cedar Rapids
$10,000.00
M EDCO
$1,000.00
Economic Regions Grant
$17,000.00
Discussion
The website, www.iowascreativecorridor.com gives the public the big picture of the area while highlighting
aspects of each community. It gives employers information about the workforce and confidence that if
they bring jobs, there will be enough people to FII those jobs. The Creative Corridor job search page
at www.creativecorridor.co/'obs/ gives job seekers more than a dozen sources for searching for jobs in
the Corridor.
In the case of the Creative Corridor, the whole really is greater than the sum of its parts. As a whole, the
region offers a larger laborshed from which to attract employees; as a whole, the region offers
neighborhoods and communities from rural to urban; as a whole, the region offers cultural amenities on
par with any of the big Midwest metros, and because of that, the region is able to be more competitive in
attracting businesses and families to the Corridor.
The updated Comprehensive Plan states several economic development goals including continued
collaboration with other local organizations to promote economic development in Iowa City. To achieve
this, one strategy is to continue to work with the Iowa City Area Development Group (a key partner in the
Iowa's Creative Corridor collaboration) as the lead economic development agency in the area. Other
strategies include coordination with the University of Iowa, the Iowa City Area Chamber of Commerce,
and other organizations to attract new businesses and grow existing ones.
Recommendation
Staff recommends funding Iowa's Creative Corridor $10,000 this fiscal year from the Economic
Development fund and for budgeting funding in FYI and 18.
SEATjvF O.:) rtmCnYirvn sem. .w. . .w.., a
Wrrka to Iowa's CnetM Corner
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iowa's creatrw corridor
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SEARCH JOBS
Find your next career
in Iowa's Creative Corridor.
6301 Kirkwood Blvd. S.W.
P.O. Box 2068
Cedar Rapids, Iowa 52406
www.kirkwood.edu
April 21, 2015
Tom Markus, City Manager
City of Iowa City
410 E Washington St
Iowa City, IA 52240
Dear Tom:
On behalf of the Corridor Business Alliance, I am writing to request the support of the City of Iowa City
toward the regional branding efforts of Iowa's Creative Corridor. Your support will assist us in building
internal and external audience communication and engagement within the region.
We are excited about the potential three year commitment of $10,000 annually. If you agree, we would
invoice your organization $10,000 on July 1, 2015, 2016 and 2017. Thanks for your consideration of our
request. Please feel free to contact me at 319.398.5525 if you have any questions.
Cordially,
Kim Becicka
Vice President
Continuing Education & Training Services
Corridor Business Alliance
Attn: Kirkwood Community College
Kim Becicka, Vice President
Continuing Education & Training Services Division
PO Box 2068
Cedar Rapids, IA 52406-2068
(319) 398-5548
BILL TO:
City of Iowa City
Attn: Tom Markus
410 E Washington St
Iowa City, IA 52240
INVOICE
July 1, 2015
Payment Due upon Receipt
Description Total
Creative Corridor Branding Sponsorship , $10,000.00
First Installment of Three:
Second Billing: July 2016
Third Billing: July 2017
TOTAL DUE: ! $10,000.00 1
Please make check payable to Kirkwood Community College. Mail payment and copy of Invoice
to: Karen Friederich, Kirkwood Community College, PO Box 2068, Cedar Rapids, IA 52406-2068.
Thank Youi
Iowa's Creative Corridor
Regional Marketing/Branding Campaign
CreativeCorridor.co Website Redesign and Hosting
Timeframe: August, 2014 to July, 2017
Three Year Annual Commitment
The Value Proposition
Iowa's Creative Corridor boasts rich assets in science, technology, art and culture.
Rated as one of the top five most educated metro areas in the nation, the corridor is
centrally located between Chicago, Minneapolis, St. Louis, Kansas City and Omaha.
Rich cultural experiences can be found minutes away from anywhere in the
corridor. A trail system weaves throughout multiple cities and communities. An
indescribable Midwestern spirit and welcoming nature create a strong foundation
for relationships between residents and newcomers.
Iowa's Creative Corridor (and its helix mark and brand) defines a competitive stance
and delivers immediate value. We Create Here focuses on the entrepreneurial spirit
of the region, and represents a tag line or theme. Iowa's Creative Corridor is the
umbrella brand, and We Create Here compliments this brand.
A Critical Look at Benefit -driven Market Segments
Iowa's Creative Corridor underscores the value proposition for the private sector
and sends a strong positioning message to community members and visitors. The
following target markets are the focus of the regional marketing campaign:
• Companies located in the corridor, expanding in the corridor or moving to
the corridor
• Current residents and employees
• Potential residents and employees
• Young college-educated residents who are not place -bound
The four segments above will allow us to engage the private sector, and develop key
communications to stay on message to the entire region. A strong partnership with
the Corridor Business Alliance* and Corridor Alliance* will support the regional
marketing efforts.
Four Focus Areas
Engagement of audiences: Lists for the four segments, create an online
registration form for others to easily to join a list, and engage the audience by
connecting content from the following sources:
• The original website (including stories/videos that have already been
produced)
• The Cedar Rapids Gazette
• The Corridor Business Journal
• Other regional news outlets including TV and radio
• Kirkwood Training and Outreach Services
• Regional chambers and CVBs
• The region's economic development organizations
• Kirkwood Community College
• Kirkwood Small Business Development Center
• University of Iowa Small Business Development Center
• John Pappajohn Entrepreneurial Center
• Cultural and arts sites such as Iowa Cultural Corridor Arts and NewBo
• Empowered Professionals of Iowa City
• NextGen Summit
• ImpactCR
• Current and past Leadership for Five Seasons classes
• Other regional colleges
• Health Care/wellness initiatives such as the Blue Zones project, the
MedQuarter, University of Iowa Hospitals, Iowa Health System and Mercy
Medical Center
• Service clubs such as Rotary or Kiwanis
• K-12 school districts
Engagement with the brand: Make branding materials and elevator speeches
available. Create downloadable materials/web order forms for companies,
organizations and individuals who are willing to participate in grassroots
messaging.
Engage with Regional Brand contributors through:
• Engagement in collateral for the website and calendar events
• Strategic use of the brand for workforce recruitment and community
recruitment
• Suggestions for regional marketing ideas, venues, and visibility
Develop a priority list of private sector employers/partners to engage with the
brand through:
• Strategic use for recruitment
• Use of the collateral
• Suggestions for brand locations or ways to showcase the brand in the region
• Engagement with regional marketing and PR firms to assist private
enterprise incorporate the brand
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)
356-5248
RESOLUTION NO. 15-386
RESOLUTION AUTHORIZING $7,908 IN FUNDING ASSISTANCE FOR LITTLE
VILLAGE MAGAZINE
WHEREAS, the Economic Development Policies for Iowa City include improving the economic
health of the community, and considering financial incentives and programs as a means to these
ends, and
WHEREAS, Little Village Magazine and the owners of the building are making energy efficiency
and aesthetic improvements and have requested the City support the project by sharing in one-
third (1/3) of the expenses; and
WHEREAS, the Comprehensive Plan update states a goal of ensuring a healthy mix of
independent, locally owned businesses recognizing that small and independently owned local
businesses are integral to Iowa City's "brand" and sense of identity; and
WHEREAS, the building that Little Village and the owners of the building wish to improve is
located in the Central Crossings sub district of the Riverfront Crossings Master Plan which notes a
goal of maintaining a moderate scale and intensity of use and to ensure office spaces are
available; and
WHEREAS, the City Council's Strategic Planning Priorities include goals of ensuring healthy
neighborhoods, ensuring a strong urban core and engaging in strategic economic development
activities, and supporting Little Village is aligned with these goals; and
WHEREAS, the City Council allocated funds for Economic Development Opportunity in the FY16
budget (10610510-448070) and funds are available; and
WHEREAS, the City Council Economic Development Committee approved a recommendation for
$7,908 in economic development funding (3-0) at their meeting on December 1, 2015,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Council approves this $7,908 request for funding from the Economic Development
Opportunity budget.
Passed and approved this 15th day of December , 20 15
-%-2LMVW
roved
ATTEST:�-
CITY CLERK City Attorney's Office
Resolution No. 15-386
Page 2
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
q (�;)
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 15-387
RESOLUTION AUTHORIZING FUNDING OF $10,000 IN FY16, AND INTENT TO
BUDGET $10,000 IN FY17 AND FY18 FOR CREATIVE CORRIDOR BRANDING
EFFORT
WHEREAS, the City of Iowa City has established Strategic Planning Priorities; and one of the
Priorities is to engage in strategic economic development activities; and
WHEREAS, Creative Corridor Branding efforts are geared to attracting employers and building
the workforce using the larger demographic appeal of the Corridor; and
WHEREAS, financial support from the City of Iowa City contributes to a pool of funding from
municipalities and economic development organizations throughout the Creative Corridor; and
WHEREAS, the updated Comprehensive Plan states several economic development goals
including continued collaborations with other local organizations to promote economic
development; and
WHEREAS, on December 1, 2015, the City Council Economic Development Committee
considered this request and recommends that the City Council approve the same; and
WHEREAS, funds for this expense for FY16 would be made available from account 10610510-
448070 Economic Development Assistance and the allocation from the FY17 and FY18 budgets
would also be made available from account 10610510 - 448070 Economic Development
Assistance,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council approves funding assistance for Creative Corridor Branding in the
amounts of $10,000 from the FY16 budget, and expresses its intent to budget $10,000 for the
same purposes in the FY17 and FY18 budgets.
2. Creative Corridor representatives shall provide a report to the City Council Economic
Development Committee annually, in a form approved by the City Manager, to demonstrate
the impact of the branding efforts.
Passed and approved this 15th day of December , 20 15 .
ved by
ATTEST: -
CITY CtERK City Attorney's Office
Resolution leo. 15-387
Page 2
It was moved by Mims and seconded by Dobvns the
Resolution be adopted, and upon roll call there were:
AYES: DAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Sarah Walz, Associate Planner, 410 E Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-0000?)
RESOLUTION NO. 15-388
RESOLUTION APPROVING FINAL PLAT OF
SADDLEBROOK ADDITION, PART 3, IOWA CITY, IOWA.
WHEREAS, the owner, Paddock LLC, filed with the City Clerk the final plat of Saddlebrook Addition,
Part 3, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT
BOOK 3469 PAGE 205 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST
QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 AND A PORTION OF AUDITOR'S PARCEL
2004093 AS RECORDED IN PLAT BOOK 48, PAGE 161 AT THE JOHNSON COUNTY RECORDER'S
OFFICE LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, ALL LOCATED IN
TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE S86042'48"E ALONG THE
NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.22 FEET; THENCE N89050'58"E ALONG SAID
NORTH LINE, A DISTANCE OF 95.50 FEET, THENCE S84°47'41"E ALONG SAID NORTH LINE, A
DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39
FEET, THENCE 58612'1711E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE
S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF
LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF
186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF
LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09058'31"E, A
DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A
DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID
SADDLEBROOK ADDITION PART 2 AND THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE;
THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A
POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A
CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET AND AN ARC LENGTH 61.27 FEET; THENCE
S86°54'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE
LEFT HAVING A RADIUS OF 126.00 FEET AND AN ARC LENGTH 84.51 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00
FEET AND AN ARC LENGTH 32.65 FEET; THENCE S20009'17"E, A DISTANCE OF 23.84 FEET TO A
POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF
162.00 FEET AND AN ARC LENGTH OF 85.53 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 775.49 FEET AND AN ARC
LENGTH 27.16 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE
LEFT OF THE LAST DESCRIBED CURVE HAVING A RADIUS OF 792.38 FEET AND AN ARC LENGTH
5.51 FEET, THENCE S09006'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF
257.03 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT
HAVING A RADIUS OF 266.00 FEET AND AN ARC LENGTH OF 35.88 FEET; THENCE S89059'15"E, A
DISTANCE OF 99.88 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD;
THENCE S00°00'45"W, A DISTANCE OF 166.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A
RADIUS OF 460.00 FEET AND AN ARC LENGTH OF 151.98 FEET; THENCE S18056'31", A DISTANCE OF
56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-
WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET AND AN ARC LENGTH OF
234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT
Resolution No. 15-388
Page 2
HAVING RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE
NORTHERLY RIGHT-OF-WAY OF PROPOSED PARKWAY, THENCE S67°52'28"W, A DISTANCE OF
64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING
A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET AND AN ARC LENGTH OF 623.34 FEET;
THENCE N75`02'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT
HAVING A RADIUS OF 1040.00 FEET AND AN ARC LENGTH 617.53 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 6; THENCE N00009'02"W, A DISTANCE OF 596.92 FEET TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of Neighborhood and Development Services and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, said final plat is a resubdivision of a portion of Saddlebrook Addition, Part 2; and
WHEREAS, pursuant to the conditional zoning agreement entered into by and between the City and
Owner, recorded at Book 5335, Page 558, an amendment to the Saddlebrook Addition, Part 2
subdivider's agreement is necessary to address the installation of public improvements that benefit
both Saddlebrook Addition, Part 2 and 3; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2015) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The amendment to the Saddlebrook Addition, Part 2 Subdivider's Agreement, recorded at
Book 3037, Page 304, to address the above-described conditional zoning agreement is
hereby approved.
3. Upon completion of Heinz Road to its intersection with Mustang Lane, the City accepts the
dedication of the streets and easements as provided by law and specifically sets aside
portions of the dedicated land, namely streets, as not being open for public access at the time
of recording for public safety reasons.
4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said subdivision
and amendment, and to certify a copy of this resolution, which shall be affixed to the final plat
after passage and approval by law. The City Clerk shall record the legal documents and the
plat at the office of the County Recorder of Johnson County, Iowa at the expense of the
Owner.
Passed and approved this 15th day of December _,2015
podtemplatesTinal Plat -3rd Resolution [3j doadac
Resolution No. 15-388
Page 3
ATTEST: //jae-lel
CITY LERK
It was moved by Mims
adopted, and upon roll call there were:
AYES:
pcd/lemplat.e/F, el Plat- 3rd Resolution(3) dotal.,
NAYS:
MAYOR
Approved by
City Attorney's Office /7
and seconded by Dobyns the Resolution be
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
4d(22)
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-0000?)�
RESOLUTION NO
RESOLUTION APPROVING FINA
SADDLEBROOK ADDITION, PART 3, K
WHEREAS, the owner, Pack LLC, filed with the City Clerk
Part 2, Iowa City, Iowa, Joh on County, Iowa; and
WHEREAS, said subdivisiois located on the
County, Iowa, to wit: I
A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK
BOOK 3469 PAGE 205 AT TH JOHNSON COUNTY RECC
QUARTER AND WEST HALFF THE NORTHEAST QUAF
QUARTER OF THE SOUTHER T QUARTER OF SECTIO
2004093 AS RECORDED IN AT BOOK 48, PAGE 1 1
OFFICE LYING IN THE SOU HWEST QUARTER OI
NORTHWEST QUARTER OF E NORTHEAST UAI
LAT OF
kCITY, IOWA.
final plat of Saddlebrook Addition,
real estate in Iowa City, Johnson
FR
ITION PART 2 AS RECORDED IN PLAT
R'S OFFICE LYING IN THE NORTHWEST
OF SECTION 25 AND THE SOUTHWEST
24 AND A PORTION OF AUDITOR'S PARCEL
AT THE JOHNSON COUNTY RECORDER'S
THE NORTHEAST QUARTER AND THE
TER OF SECTION 25, ALL LOCATED IN
TOWNSHIP 80 NORTH, RANGE WEST OF TH THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWES CORNE OF SAID LOT 6; THENCE S86°42'48"E ALONG THE
NORTH LINE OF SAID LOT 6, A D TAN OF 479.22 FEET; THENCE N89°50'58"E ALONG SAID
NORTH LINE, A DISTANCE OF 95. F T; THENCE S84047'41"E ALONG SAID NORTH LINE, A
DISTANCE OF 32.14 FEET; THENCE 50'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39
FEET, THENCE S86°12'17"E ALONG ID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE
S82015'33"E ALONG SAID NORTHLI DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF
LEASED LOT 158 OF SAID SADDLEB 00 ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF
186.52 FEET ALONG SAID LEASE LOT 1 8, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF
LEASED LOT 160 ALL A PART O SAID S DLEBROOK ADDITION PART 2, THENCE N09058'31"E, A
DISTANCE OF 11.73 FEET TO T E NORTH ST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A
DISTANCE OF 57.84 FEET O THE NO THEAST CORNER OF LEASED LOT 161 OF SAID
SADDLEBROOK ADDITION P RT 2 AND TH SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE;
THENCE S80002'47"E ALORG SAID SOUTHER Y RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A
POINT OF CURVATURE; T�IENCE SOUTHERL ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A
CURVE TO THE LEFT HAVING A RADIUS OF 51 00 FEET AND AN ARC LENGTH 61.27 FEET; THENCE
S86054'09"E ALONG SAID SOUTHERLY RIGHT -0 -WAY, A DISTANCE OF 282.80 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY ALONG SO THERLY RIGHT-OF-WAY BEING A CURVE TO THE
LEFT HAVING A RADIUS OF 126.00 FEET AND AN ARC LENGTH 84.51 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A C VE TO THE LEFT HAVING A RADIUS OF 25.00
FEET AND AN ARC LENGTH 32.65 FEET; THENC S20°09'17"E, A DISTANCE OF 23.84 FEET TO A
POINT OF CURVATURE; THENCE SOUTHERLY ALO CURVE TO THE RIGHT HAVING A RADIUS OF
162.00 FEET /,SND AN ARC LENGTH OF 85.53 F T TO A POINT OF CURVATURE; THENCE
SOUTHERLY /LONG CURVE TO THE RIGHT HAVI A RADIUS OF 775.49 FEET AND AN ARC
LENGTH 27.Y6 FEET TO A POINT OF CURVATURE; T ENCE SOUTHERLY ALONG CURVE TO THE
LEFT OF THE LAST DESCRIBED CURVE HAVING A RA IUS OF 792.38 FEET AND AN ARC LENGTH
5.51 FEET/THENCE S09°06'36"W, A DISTANCE OF 3.56 F ET, THENCE S82015'33"E, A DISTANCE OF
257.03 FEET TO A POINT OF CURVATURE; THENCE STERLY ALONG CURVE TO THE LEFT
HAVING A RADIUS OF 266.00 FEET AND AN ARC LEN
GT OF 35.88 FEET; THENCE S89059'15"E, A
DISTANCE OF 99.88 FEET TO A POINT ALONG THE WES RLY RIGHT-OF-WAY OF HEINZ ROAD;
THENCE S00°00'45"W, A DISTANCE OF 166.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEIN A CURVE TO THE RIGHT HAVING A
RADIUS OF 460.00 FEET AND AN ARC LENGTH OF 151.98 FEET; HENCE S18°56'31 ", A DISTANCE OF
56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY A NG SAID WESTERLY RIGHT-OF-
WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 ET AND AN ARC LENGTH OF
234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT
Resolution No.
Page 2
HAVING RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE
NORTHERLY RIGHT-OF-WAY OF PROPOSED PARKWAY; THENCE S67°52'28"W, A DISTANCE OF
64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING
A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET AND AN ARC LENGTH OF 623.34 FEET;
THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FE T TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CU VE TO THE LEFT
HAVING A RADIUS OF 1040.00 FEET AND AN ARC LENGTH 617.53 FEET T THE SOUTHWEST
CORNER OF SAID LOT 6; THENCE N00°09'0 , A DISTANCE OF 596.92 FE TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONT ING 27.78 ACRES MORE OR LES , AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RE ORD.
WHEREAS, the Department of Neighborkood and Development Serv* es and the Public Works
Department examined the proposed final pla and subdivision, and reco mended approval; and
WHEREAS, a dedication has been made to t4 public, and the su ivision has been made with the
free consent and in accordance with the desires f the owners an proprietors; and
WHEREAS, said final plat and subdivision are fond to cor}f"rm with Chapter 354, Code of Iowa
(2015) and all other state and local requirements. o
NOW, THEREFORE, BE IT RESOLVED BY THE CI
IOWA, THAT:
1. The said final plat and subdivision located on t
same are hereby approved.
2. Upon completion of Heinz Road to its ntersecti(
dedication of the streets and ease ents as pi
portions of the dedicated land, nam y streets, as
of recording for public safety reas s.
3. The Mayor and City Clerk of th,0 City of Iowa City,
upon approval by the City Attorney, to execut
subdivision, and to certify a py of this resolution,
passage and approval by I . The City Clerk shall i
the office of the Coun Recorder of Johnson
owner/subdivider.
Passed and approved this _I day of
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
pcd/templates/Final Plat - Resolution (3).doc.doc
MAYOR
IL OF THE CITY OF IOWA CITY,
above-described real estate be and the
with Mustang Lane, the City accepts the
Fided by law and specifically sets aside
)t being open for public access at the time
and seconded by
va, are hereby authorized and directed,
all legal documents relating to said
ich shall be affixed to the final plat after
ord the legal documents and the plat at
:ounty, Iowa at the expense of the
20_.
Approved by e
City Attorney's Office 1111 -414115 -
the Resolution be
Resolution No.
Page 3
AYES:
pcd/templates/Final Plat - Resolution (3).doc.doc
iotchway
)ickens
)obyns
layek
lims
'gyne
'hrogmorton
To: City Council
Item: SUB15-00027
Saddlebrook Addition, Part 3
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Sarah Walz
Date: November 30, 2015
Applicant: Paddock, LLC
2871 Heinz Road, Suite B
Iowa City, IA 52240
Contact Person:
Requested Action:
Steve Gordon
2871 Heinz Road
Iowa City, IA 52240
319-354-1961
Final plat approval
Purpose: To establish four multi -family buildings to be located
west side of Shire Lane with a public street
connection to Mustang Lane west of a future
extension of Heinz Road
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
60 Day Limitation Period:
BACKGROUND INFORMATION:
West of Heinz Road and South of Paddock Circle
27.78 acres
Undeveloped— OPD -12
North: Manufactured Housing (OPD -12)
South: Wetland Conservation Area (RR1)
East: Undeveloped (OPD -12)
West: Undeveloped (RS -12)
Multi -family
November 23, 2015
January 20, 2016
The applicant, Paddock LLC, has submitted a final plat for Saddlebrook Addition, Part 3, located
west of Heinz Road and south of Paddock Circle. This is a 2 -lot, 27.78 -acre re -subdivision of Lot 4
and Lot 6 of Saddlebrook Addition Part 2. The plat will allow for the development of four multi-
family buildings on Lot 1 in accordance with a planned development approved in February, 2015.
2
The conditional zoning agreement, to which the property is subject, requires that Shire Lane and
Mustang Lane be platted and built to City standards and, at such time as Heinz Road is extended,
the City will accept dedication of both streets. No development may occur along the east side of
Shire Lane, until such time as Heinz Road is extended to Mustang Lane. These conditions are to
insure that the remainder of the Saddlebrook neighborhood is constructed with a public street
network allowing new developments to receive City services.
ANALYSIS:
The final plat of Saddlebrook Addition, Part 3, is in general compliance with the subdivision
regulations. Legal papers and construction drawings are currently being reviewed by staff. It is
anticipated that these documents will be approved prior to the December 15 Council Meeting.
As noted above, lot 1 of the subdivision was conditionally rezoned and a planned development
was approved in 2015 to allow a change in a previously approved OPD plan. The change allowed
for development of multi -family uses instead of an extension of the manufactured housing as
platted in the late 1990s. An important condition of the rezoning requires that Shire Lane and
Mustang Lane be platted and constructed as City streets and that the City will accept dedication at
such time as Heinz Road is extended. The plat also contains easements for utilities.
Infrastructure fees include $435 per acre for water main extension fees. Payment of these fees
will be addressed in the legal papers.
STAFF RECOMMENDATION:
Staff recommends approval of SUB15-00027, a final plat of Saddlebrook Addition, Part 3, a two -
lot, 27.78 -acre residential subdivision located west of Heinz Road and south of Paddock Circle
provided that legal papers and construction plans have been approved by the City Attorney and
City Engineer respectively.
ATTACHMENTS:
1. Location Map
2. Final plat
Approved by: / 1177
John Yapp, Development Se ces (ordinator,
Department of Neighborhood and Development Services
PCD\Staff ReportsAnal plat shire and mustang.docx
Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5104
RESOLUTION NO. 15-389
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMMING
AND RESCINDING RESOLUTION NUMBER 15-59 PREVIOUSLY
ESTABLISHING SAID FEES AND CHARGES.
WHEREAS, Section 10-9-5 of the City Code provides that, "Upon recommendation of the Parks
and Recreation Commission, all Parks and Recreation fees shall be established by resolution of
the City Council"; and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FY16 along with tentative increases for FY17; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the schedule of fees and charges for parks and recreation services and
programming as approved by the Parks and Recreation Commission on December 9, 2015 and
attached hereto, be adopted for the relevant remainder of FY16 as well as FY17, and that
Resolution Number 15-59 previously establishing said fees and charges is hereby rescinded.
Passed and approved this 15 th day of
It was moved by Mims
adopted, and upon roll call there were:
AYES:
December , 2015.
t_�_.:.
6-
Approved by
City Attorney's Office
and seconded by Dobyns the Resolution be
NAYS:
ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Cost Center
G L I Revenue Type
2012 Fee
2G13Fee
2014Fee
'
' 16Fee
2017 Proposed
10530200 Parks Ops & Maint
382100 Lana Rental - Garden Plate
21.00
21.00
22
22.00
23.00
25.00
105302(10 Parks Ops & Maint
382800 Theatoy Stage Rental
25.100mr
25-1001hr
25-100thr)
50-100rhr
56150 hr
50-150 hr
10590200 Parks Ops & Maint
382700 Reservations
-Park Shelters
14.52/5hr
1452/5hr
14 5Mr
14.52/5hr
16-10415hr
16-104/4hr
-City Park parking
W.W
W.00
60.00
10530200 TTRA
382700 Reservations
-Lodge
40-1000
561500
60-1500
-Rental Co nmissicnlManda
167.00
16200
167.00
10530200 Ashton House
W2700 RBBervations
40-700
40-750
40-750
10530211 Ball Diamonds
382100 Team. fees (kind rental)
-Out of town
21.00
21.00
23.00
25.00
30.00
3000
-Local
13.00
13.00
14.50
15.00
20.00
20.00
-Lights
124a
13thr
13.50/M
13.50M
15.00
1500
10530211 Ball Diamonds
382700 Reservations
-Field Rental Local
9.25M
9.25/hr
10.5004
11.0)
1500
1500
-Field Prep Local
22.00
22.00
23.00
25.00
30.00
30.00
-tights
12Aa
Ins
13.506e
13.5011v
1500
150D
-Field Rental Out of Town
10.50Ra
12fir
13.5
13.00
18.00
MOD
-Field Prep Oul of town
26.75
27.75
27.75
29.00
3500
3500
10530212 Soccer
382700 Reservations
-Field Rental Local
18Rn
1M
19Mr
1&M
Moir
20rhr
,Dat of townlgame nWtoVm
24m
24rhr
25hr
251hr
251hr
251hr
Field Prep
10530212 Soccer
382100 TWm. Fees (land rental)
-Out of town
28/nr
2&hr
29Mr
29r11hr
3041r
30Ihr
10530212 Soccer
-Local
22 hr
231hr
23/hr
2W
25mr
10530201 Cty Park Fore
3460,' Admissions
-Single Ticket
075
0.75
0.75
1.00
1.00
100
-Punch Pass
6.00
6.00
8
8.00
8.00
8.00
-
10530221 Dog Paha
346100 Admissions
-Annual Tags
36110
36110
35-115
3511546135
40-135
-Daily Tags
5.00
500
1
8.00
8.00
6.00
600
Speaal Events
W-95
10540100 Cenni
348890 Charges for Serncae
W-21)0
86200
Ill
8D-200
90-M
00-250
382100 Saba of lana
-hbrm
100-1000
1061000
100.10001061000
125.1100
125.1100
-LW Saba
ZOD-1000
200-1800
2061800
2061800
300-1800
3W-10W
#?&~IZW5
City of Iowa City
Parks and Recreation Department
Fees and Charaes
Cost Center
GL / Revenue Type
2012 Fee
2013 Fee
2014
10520200 Rec. Center Operations
346700 Special Events (Theme Park
Tickets)
5-46
546
5-46
546
5-45
5.45
382200 Building/Room Rental
-Mtg Rm/Kkch/Craft Rm
17.50
30.00
30.00
30.00
30.00
30.00
Social Hall
70.00
70.00
70.00
70.00
70.00
70.00
Gymnasium
-Half Court
40.00
40.00
45.00
45.00
45.00
45.00
-Full Court
70.00
70.00
75.00
75.00
75.00
75.00
-Sport team practice (1/2 court)
25.00
10520200 Rec. Center Operations
382400 Locker Rentals
-Daily (win operation)
.25-.50
25-.50
.25-.50
.25-.50
.25.50
.25.50
-Six Months
45.00
45.00
45.00
45.00
45.00
45.00
10520200 Rec. Center Operations
384900 Equipment Rental
-Weekday
9.00
9.00
10.00
10.00
10.00
10.00
-Weekend
12.00
12.00
13.00
13.00
13.00
13.00
10510214 Farmer's Market
348300 Advertising Fees
0.50
0.50
0.50
0.50
0.50
0.50
10510214 Farmer's Market
363910 Misc. Sale of March
6-11
7-12
7-12
8-13
8-13
8-13
10510214 Farmer's Market
382100 Land Rental
9.50/11.50
9.50/11.50
12.50/14.00
12.50/14.00
13.00/15.00
14.00/16.00
10520454 Potter's Studio
346200 Punch Pass
120.00
125.00
125.00
130.00
140-150
200.00
10520454 Potter's Studio
346400 Lessons
2000.
22.00
22.00
24.00
22-24
22-24
10520454 Potter's Studio
363910 Misc Sale of Merchan
Cost +5%
Cost +5%
Cost +5%
Cost +5%
Cost +5%
Cost +5%
10520430 Children's Theatre
346400 Lessons
34.00
34.00
35.00
35.00
35.00-45 001
35.00-45.00
10520450 Nature Awareness
346400 Lessons
24.00
24.00
26.00
26.00
26.00-30.00
26.00-30.00
10520450 Nature Awareness
362100 Contrib & Donations
10520450 Nature Awareness
334900 Other St Grant
10520460 Summer Camp
346400 Lessons
140.00
145.00
150.00
155.00
160-175
160-185
10520472 Visual Arts -Children
346400 Lessons
18.00
20.00
20.00
2200.
22.00-30.00
22.00-30.00
10520472 Visual Arts -Children
346700 S ecial Events
85.00
90.00
90.00
95.00
95.00
120.00
10520471 Visual Arts -Adult
346200 Punch Pass
10.00
11.00
11.00
1200.
1200.
1200.
10520471 Visual Arts -Adult
346400 Lessons
85-105
90-110
90-110
95-115
110-120
110-120
10520482 Social Act -Children
346400 Lessons
16-26
16-26
18-28
18-28
25-35
25-35
10520482 Social Act -Children
346700 Special Events
90.00
90.00
90.00
90.00
90.00
90.00
10520482 Social Act -Children
363910 Misc Sale of Merchan
10.00
10.00
10.00
10.00
12.00
1200.
10520482 Social Act -Children 1
369100 Reimb of Expenses
10520481 Social Act -Adult
346400 Lessons
2.00
2.25
2.25
2.50
2.50-3.00
2.50-3.00
10520543 City Park Pool Oper
10520543 City Park Pool Oper
346100 Admissions
346200 Punch Pass
3.00
26.00
$2-$4
26.00
$2-$4
28.00
$2-$4
28.00
2.00-4.00
30.00
200-4.00
30.00
10520543 City Park Pool Oper
346300 Pool Pass
-Annual Pass
186.00
186.00
194.00
194.00
208-402
208-402
10520543 Cit Park Pool O er
-30 Da Pass summer ass
69.00
69.00
18.00
18.00
19.00-36.00
19.00-36.00
10520542 Mercer Prk Pool Oper
10520542 Mercer Prk Pool Oper
346100 Admissions3.25
346200 Punch Pass
26.00
3.25
26.00
4.00
28.00
4.00
28.00
4.00
30.00
4.00
30.00
10520542 Mercer Prk Pool Oper
346300 Pool Passes
-Annual
186.00
186.00
194.00
194.00
208-402
208402
Summer Pass
69.00
69.00
-Monthly Pass
14.00
16.00
16.00
18.00
19.00-36.00
19.00-36.00
10520542 Mercer Prk Pool Oper
382200 Building/Room Rental 1
75.00
75.00
75.00
75.00
75.00
75.00
3.25
3.25
4.00
4.00
4.00
4.00
10520541 Rec Center Pool Oper
346100 Admissions
10520541 Rec Center Pool Oper
346200 Punch Pass
26.00
26.00
28.00
28.00
30.00
30.00
10520541 Rec Center Pool Oper
346300 Pool Passes
-Annual Pass
186.00
186.00
194.00
194.00
208-402
208.402
City of Iowa City
Parks and Recreation Department
Fees and Charnac
Cost Center
10520541
GL / Revenue Type
-Summer Pass
2012 Fee
69.00
2013 Fee
69.00
2014 Fee
2015 Fee
2016 Fee
2017 Proposed
10520541
10520541 Rec Center Pool O er
-Monthly Pass
382200 Building/Room Rental
14.00
1 75.00
16.00
75.00
16.00
75.00
18.00
75.00
19.00-36.00
75.00
19.00-36.00
75.00
10520521 Aquatics Ins-Rec Chit
346400 Lessons
-Red Cross
30.00
32.00
32.00
32.00
32.00
24.00
-Private
36.00
36.00
36.00
36.00
36.00
75.00
-Custom Private
90.00
-Adult Lessons
34.00
34.00
34.00
34.00
34.00
34.00
-1-ifeguarding
100.00
100.00
100.00
100.00
135.00
135.00
-Water Safety Inst. (40 hr)
125.00
125.00
125.00
125.00
140.00
140.00
-Lifeguard Instructor
60.00
220.00
220.00
10520532 Aquacizing-Mercer Pk
10520532 A uacizin -Mercer Pk
346200 Punch Pass
-Single Admision
65.00
4.00
70.00
4.00
70.00
4.00
70.00
4.00
70.00
4.00
70.00
4.00
10520523 Aquatics Ins -City Pk
346400 Lessons
-Red Cross
30.00
32.00
32.00
32.00
32.00
24.00
-Private
36.00
36.00
36.00
36.00
36.00
75.00
-Custom Private
90.00
-Adult Lessons
34.00
34.00
34.00
34,00
34.00
34.00
-Liteguarding
100.00
100.00
100.00
100.00
135.00
135.00
-Water Safety Inst. (40 hr)
125.00
125.00
125.00
125.00
140.00
140.00
-Lifeguard Instructor
60.00
220.00
220.00
10520522 Aquatics Ins -Mercer
346400 Lessons
-Red Cross
30.00
32.00
32.00
32.00
32.00
24.00
-Private
36.00
36.00
36.00
36.00
36.00
75.00
-Custom Private
90.00
-Adult Lessons
34.00
34.00
34.00
34.00
34.00
34.00
-Lffeguarding
100.00
100.00
100.00
100.00
135.00
135.00
-Water Safety Inst. (40 hr)
125.00
125.00
125.00
125.00
140.00
140.00
-Lifeguard Instructor
60.00
220.00
220.00
10520620 Clubs346500
Entry Fees
13.00
13.00
13.00
14.00
14.00
14.00
10520620 Special Events
345600 Chartered Bus Trips
10520620 Special Events
10520620 Special Events
346400 Lessons
346700 Special Events
$6-$21
$7-$22
$7-$22
$8-$23
58-$23
$8-$23
10520620 Special Events
362100 Contrib & Donations
10520630 Rec Activities
346400 Lessons
$16-$21
$16-$21
$17-$22
$17-$22
$17-$22
$17-$22
441504 Adapted Aquatics
346400 Lessons
32.50
32.50
34.00
34.00
34.00
34.00
10520820 Aerobics
346200 Punch Pass
55.00
60.00
60.00
65.00
65.00
65.00
-Dro -in
4.50
5.00
5.00
6.00
6.00
6.00
10520860 Softball -Adult
346500 Entry Fees
-Summer League
390.00
390.00
400.00
400.00
390-410
390-410
-Summer League Co-Rec
400.00
400.00
410.00
410.00
390-410
390-410
-Fall League
215.00
215.00
225.00
225.00
235.00
235.00
-Fall League Cc-Rec
225.001
225.00
235.00
235.00
235.00
235.00
or -10
ry4,50
10520870 Racquetball
382200 Buildin /Room Rental
4.00 4.00
4.50
4.50
4.50
10520721 Tennis Inslr-Adult
346400 Lessons
22.00 22.00
22.00
2200.
22.00
27.50
10520722 Tennis Instr-Youth
346400 Lessons
22.0022.00
2200.
22.00
22.00
27.50
10520730 Football -Youth
346400 Lessons
35.00 35.00
37.50
37.50
38.00-45.00
38.00-45.00
City of Iowa City
Parks and Recreation Department
Fees and Chanes
Cost Center
GIL I Revenue Type
2012 Fee
2013 Fee
2014 Fee
2015 Fee
2016 Fee
2017 Proposed x
10520840 V0"eyball-Adult
346500 Entry Fees
-Indoor
125.00
125.00
130.00
130.00
135.00
135.00
10520740 Volle all -Youth
346400 Lessons
35.00
35.00
40.00
40.00
35.00-40.00
35.00-40.00
10520850 Basketball -Adult
346500 Ent Fees
250.00
270.00
270
270
290.00
300.00
10520750 Basketball -Youth
346400 Lessons
35.00
35.00
37.50
37.50
27.50-45.00
27.50-45.00
10520880 Gymnastics
10520880 Gymnastics
346400 Lessons
346700 Special Events
35.00
87.50
35.00
87.50
37.50
90.00
37.50
90.00
40.00
90.00
2000.
90.00
10520790 OtherSports-Adult
346400 Lessons
100.00
100.00
100.00
100.00
100-125
100-125
10520890 Other Sports- Youth
346400 Lessons
-Tae Kwon Do
-Other lessons
25.00-40,00130
00-45.00
30.00-45.00
30.00-45.00
4Z52
30.00-45.00
10520780 Senior High Act.
346500 Entry Fees
130.00
135.00
135.00
135.001
140.00
145.00
10520364 Scanlon Gym
10520364 Scanlon Gym
10520364 Scanlon Gym
10520364 Scanlon Gym
10520364 Scanlon Gym
10520364 Scanlon Gym
10520364 Scanlon Gym
313300 HoteVMotel Tax
346100 Admissions
-Tot Time
346400 Lessons
346700 Special Events
-Birthday Parties
348900 Charges for Services
362100 Contrib & Donations
382200 Building/Room Rental
-Gym
-Mercer Mtg. Room
-P&G Room
-Gym Sporting Event
1.50
85.00
40/70
35.00
1.50
85.00
40170
35.00
$1.50
90.00
45/75
40.00
1
$1.50
90.00
45175
40.00
Fri
1.50
80.00-95.00
45/75
22.00
40.00
1.50
80.00-95.00
45/75
25.00
42.50
40/70
10520760 Preschool Activity
346400 Lessons
-Tee Ball
-Soccer
37.50
35.00
37.50
35.00
37.50
37.50
37.50
37.50
38-45
38-45
38-45
38-45
10520770 Jr High Activity
10520770 Jr High Activity
10520770 Jr High Activit
346700 Special Events
-Roller Skate Night
348900 Charges for Services
362100 Contrib & Donations
5.00
5.005.00
5.00
5.00
5.00
10520365 Grant Wood Gym
382200 Building/Room Rental
-Gym S ortin Event
40170
40/70
45!75
25.00-75.00
45/75
25.00
CITY OF IOWA CITY 4
MEMORANDUM
Date: December 10, 2015
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant City Manager
Re: Parks and Recreation Fees and Charges
The City Code requires the Parks and Recreation Department to submit a schedule of
fees and charges every year for approval by the City Council. The Parks and Recreation
Commission annually reviews and approves fees and charges for all Parks and
Recreation Department services and programs. Such a review was conducted on
December 9th and is ready for City Council consideration.
Recommended changes in the fee schedule include the following:
• Increasing the community garden plots from $23 to $25
• Maintaining the park shelter fees at current levels but changing the required time
of rental from 5 hours to 4 hours
• Raising the minimum hourly rental of the Park Lodge from $50 per hour to $60
per hour
• Introducing a new sport team practice charge of $25 per hour for private rental of
gymnasium space
• Increasing the farmer's market stall fee from $13/$15 per market to $14/$16
• Increasing the potter's studio punch pass from $140/$150 to $200
• Increasing summer camp admission fee range from $160/$175 to $160/$185
• Increasing the visual arts birthday party fee from $95 to $120
• Restructuring of swim lesson fees to reflect the addition or subtraction of lesson
days and introducing a new custom private swim lesson that enables the
instructor and participant to jointly select a pool and lesson time
• Increasing adult and youth tennis lessons from $22 to $27.50
• Increasing the adult basketball league entry fee from $290 to $300
• Reducing gymnastic lesson fees from $40 to $20 to reflect fewer lesson days
• Introduction of fees for Tae Kwon Do lessons
• Increasing senior high basketball league fee from $140 to $145
• Increasing rates for meeting room rentals at Mercer Aquatic Center and Grant
Wood Gym and introducing a new gym rental option
• Adding a special event fee ranging from $50 to $95 for events at the dog park
After City Council authorization of the fee adjustments, staff will implement the fees in
conjunction with the next offering of the respective program or service.
Prepared by: Ian Korpel City Manager Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5059
RESOLUTION NO. 15-390
RESOLUTION DIRECTING THE CITY MANAGER TO REQUEST AN EVALUATION OF
THE MY BROTHER'S KEEPER PROGRAM FROM THE CITY MANAGER'S
ROUNDTABLE
WHEREAS, the My Brother's Keeper (MBK) program was introduced by the Obama
Administration in 2014 as an effort to address persistent opportunity gaps in education and the
workforce experienced by young men of color; and,
WHEREAS, the MBK program calls for cross -sector collaboration and a commitment from many
community stakeholders to address educational and employment issues disproportionately
affecting young men of color; and,
WHEREAS, the MBK program emphasizes a community -driven approach as the best way to
advance the established goals; and,
WHEREAS, the appropriate venue to evaluate MBK is with the City Manager's Roundtable
participants who represent chairs and directors of local community organizations that focus their
efforts on eliminating racial disparities; and,
WHEREAS, nearly 200 mayors, county executives and tribal leaders have accepted the challenge
to develop locally -driven solutions; and,
WHEREAS, the development of a collaborative plan would aid in reducing repeated services; and,
WHEREAS, programs pursued through the MBK initiative aim to increase high school graduation
rates, improve college attendance, and enhance the workforce preparedness of young males of
color.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. The City Council directs the City Manager to include a discussion of the MBK program on
the next City Manager's Roundtable agenda, request that the Roundtable vet the
proposal, and reach a consensus as to whether the City should participate in the program.
2. If the City does participate in the MBK program, the City Manager shall direct the City's
Equity Director to begin the process of involving the stakeholders recommended in MBK
program materials, including school district officials, representatives of nonprofit groups,
and neighborhood organizations.
Passed and approved this 15th day of December , 20 15
Resolution No. 15-390
Page 2
ATTEST: MIJAI�-)
CITY ISLERK
y est �
Wel.
ppr ved by
City Attorney's Office
Resolution No. 15-390
Page 3
It was moved by Throgmorton and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
g
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A
LOCATED AT 1316 MUSCATINE AVENUE.
WHEREAS, the UniverCity Neigli
University of Iowa and the City to
neighborhoods surrounding the Un
WHEREAS, the City purchases re
the University of Iowa, rehabilitates
WHEREAS, the City purchased and
Muscatine Avenue, Iowa City; and
god Partnership
curage home ow
ity of Iowa; and
units located in
n, and then sells
WHEREAS, the City has received an offer
sum of $155,000; and
GLE FAMILY HOME
ram is a joint effort between the
ip and reinvestment in designated
sated neighborhoods surrounding
to income -eligible buyers; and
litated � single family home located at 1316
WHEREAS, this sale would provide affordable
University of Iowa; and
1316 Muscatine Avenue for the principal
ng in a designated area surrounding the
WHEREAS, on November 10, 2015, the City ounc adopted a Resolution proposing to convey
its interest in 1316 Muscatine Avenue, auth rizing p blic notice of the proposed conveyance,
and setting the date and time for the public Baring; an
WHEREAS, following the public hearing n the propos d conveyance, the City Council finds
that the conveyance is in the public inter st.
NOW, THEREFORE, BE IT RESOLfD BY THE CITY
CITY, IOWA, that:
1. Upon the direction of the
execute a warranty deed
described as part of Lot 1
Addition, Iowa City, Iowa/
2. The City Attorney is
actions necessary to
ry Attorney, the Mayor and
rveying the City's interest in
WC Motts Subdivision of BIS
NCIL OF THE CITY OF IOWA
)y authorized to deliver said warn
ummate the conveyance required
City Clerk are authorized to
16 Muscatine Avenue, legally
s 5 and 7 in Clark & Borlands
deed and to Wry out any
law. , �,
o
o t
12-15-15
7
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-391
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 1316 MUSCATINE AVENUE.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 1316
Muscatine Avenue, Iowa City; and
WHEREAS, the City has received an offer to purchase 1316 Muscatine Avenue for the principal
sum of $155,000; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, on November 10, 2015, the City Council adopted a Resolution proposing to convey
its interest in 1316 Muscatine Avenue, authorizing public notice of the proposed conveyance,
and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 1316 Muscatine Avenue, legally
described as part of Lot 1 in WC Motts Subdivision of Blocks 5 and 7 in Clark & Borlands
Addition, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Resolution No. 15-391
Page 2
It was moved by Dobyns and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Passed and approved this 15th day of December , 2015.
r�l
MAYOR
ATTEST:%�� .
CITY
A/ -/Y C*LERK - -
Approved bye
<<"/O -(1�
City Attorney's Office
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE AMILY HOME
LOCATED AT 628 NORTH 4OHNSON STREET.
WHEREAS, the UniverCity Neighb rhood Partnership Program ' a joint effort between the
University of Iowa and the City to a courage home ownership a d reinvestment in designated
neighborhoods surrounding the Univ sity of Iowa; and
WHEREAS, the City purchases rental nits located in desig ted neighborhoods surrounding
the University of Iowa, rehabilitates the and then sells the to income -eligible buyers; and
WHEREAS, the City purchased and
Johnson Street, Iowa City; and
WHEREAS, the City has received an offe tc
principal sum of $179,900 (the amount the 't)
costs" of approximately $14,100, which are all
maintain it and sell it, including abstracting and i
the home, mowing and snow removal, utilities,
$50,000 to repair and rehabilitate the home; and
WHEREAS, this sale would provide afford
University of Iowa; and
a singl� family home located at 628 North
fy�se 628 North Johnson Street for the
tc acquire the home), plus the "carrying
incurred by the City to acquire the home,
iing fees, interest on the loan to purchase
estate taxes, and any costs in excess of
ng in a designated area surrounding the
WHEREAS, on November 30, 2015, the Ci Council a pted a Resolution proposing to convey
its interest in 628 North Johnson Street/'g
thorizing pubic notice of the proposed conveyance,
and setting the date and time for thec hearing; and
WHEREAS, following the public heon the proposed onveyance, the City Council finds
that the conveyance is in the public it.
NOW, THEREFORE, BE IT RES LVED BY THE CITY CO%628
OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of t City Attorney, the Mayor anity Clerk are authorized to
execute a warranty de conveying the City's interest inorth Johnson Street, legally
described as part of die/
4 in Block 31, Iowa City, Iowa.
2. The City Attorney * hereby authorized to deliver said warranty deed and to ry out any
actions necessa to consummate the conveyance required by law.
"n
- ^ o
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO
15-392
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 628 NORTH JOHNSON STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 628 North
Johnson Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 628 North Johnson Street for the
principal sum of $179,900 (the amount the City paid to acquire the home), plus the "carrying
costs" of approximately $18,100, which are all costs incurred by the City to acquire the home,
maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase
the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of
$50,000 to repair and rehabilitate the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, on November 30, 2015, the City Council adopted a Resolution proposing to convey
its interest in 628 North Johnson Street, authorizing public notice of the proposed conveyance,
and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 628 North Johnson Street, legally
described as part of Lot 4 in Block 31, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Resolution No. 15-392
Page 2
It was moved by Throgmorton and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Passed and approved this 15th
Approved by
City Attorney's Office
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
_ day of December , 2015.
/i -aa -t5'
x&fir14
MAYOR
ATTEST:
CI LERK
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-393
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
CASL HOLDINGS, LLC, FOR TRANSFER AND DEVELOPMENT
OF CITY -OWNED PROPERTY AT THE CORNER OF COURT
AND LINN STREETS AND THE DEVELOPMENT THEREOF
WHEREAS, on July 27, 2015 pursuant to Resolution No. 15-250 the City entered into a
Development Agreement with CASL Holdings, LLC (hereinafter CASL Holdings) for the sale of
city property at the corner of Court and Linn Streets and development thereon of a mixed-use
project consisting of 2 buildings housing a hotel, office space, retail and apartments with a
construction cost of approximately $74 million.
WHEREAS, CASL Holdings LLC has asked the City for an extension of the dates for closing,
start of construction and final completion to allow it additional time to get its budget and financing
in place as set forth in the First Amendment to Agreement for Private Redevelopment attached
hereto; and,
WHEREAS, CASL Holdings has been working closely with the City as the project progresses and
city staff recommends that the requested extensions be approved by Council; and,
WHEREAS, on November 30, 2015, this Council did approve a resolution of intent to consider a
proposed amendment to this Development Agreement with CASL Holdings, which includes the
transfer of land described therein, and setting a public hearing and providing for the publication
of notice thereof; and
WHEREAS, notice of the public hearing thereon was published in the Iowa City Press -Citizen,
and public hearing held on December 15, 2015 in accordance with said notice and in satisfaction
of Section 364.6 of the City Code of Iowa; 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 Plan and the Urban Renewal Law and,
further, that the Agreement and the City's performance thereunder is in furtherance of
appropriate economic development and blight remediation activities and objectives of the City
within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors
set forth therein.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IN THE STATE OF IOWA:
1. The attached Amendment No. 1 to the Agreement for Private Redevelopment with CASL
Holdings, LLC, is in the public interest of the residents of Iowa City, which agreement includes
the conveyance of Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa,
according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of
Resolution No. 15-393
Page 2
Johnson County, Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street
right-of-way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject
to a public access easement, in said County Seat Addition to Iowa City, Iowa.
2. That said Amendment No. 1 is consistent with and authorized by the Urban Renewal Plan,
all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and
403 and the City's policies and practices; and
3. That the Mayor is authorized and directed to execute amendment No. 1 and the City Clerk is
authorized and directed to attest the signature and to affix the seal of the City Clerk.
Passed and approved this 15thday of December
roved by
City Attorney's Office
2
720 15.
r
&�
ciTV-etERY,
Resolution No. 15-393
]Page 3
It was moved by Payne and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
X Throgmorton
FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
(this "First Amendment") is made as of December 15 , 2015 ("First Amendment Effective
Date"), by and between THE CITY OF IOWA CITY, IOWA, a municipality ("City"), and
CASL HOLDINGS, LLC, a Delaware limited liability company ("Redeveloper").
RECITALS
WHEREAS, City and Redeveloper are parties to that certain Agreement For Private
Redevelopment dated effective as of July 27, 2015 (the "Agreement") in connection with the
sale to and redevelopment by Redeveloper of the property generally located on the half block
bounded by Court Street on the North, Linn Street on the East, Harrison Street (vacated) on the
South and a North/South alley on the West in Iowa City, Iowa, legally described on Exhibit A
attached hereto (the "Redevelopment Property"); and
WHEREAS, the parties desire and agree to amend the Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if
set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to
them in the Agreement.
2. Extension of Dates. The following time frames and/or dates set forth in the
Agreement are hereby extended as follows:
(a) Closing Date. The closing for the sale by the City and purchase by the
Redeveloper of the Redevelopment Property which is currently identified as October 1, 2015 and
has been extended by agreement to December 15, 2015 is hereby amended to be March 31, 2016
for all purposes of the Agreement including, without limitation, Section 3(h) of the Agreement.
(b) Submission of Initial Construction Plans. The time within which Redeveloper
shall submit its initial Construction Plans to the City pursuant to the Agreement including,
without limitation, Section 4(a) of the Agreement are hereby amended to be as follows: (1) 90
calendar days after the First Amendment Effective Date for site preparation and foundation work;
(2) 120 calendar days after the First Amendment Effective Date for structural and shell; and (3)
180 calendar days after the First Amendment Effective Date for the final full building permit
drawings.
(c) Construction Commencement Date. The date for Redeveloper to commence
construction of the Project and the Minimum Improvements which is currently identified as
November 1, 2015 is hereby amended to be June 1, 2016 for all purposes of the Agreement
including, without limitation, Section 5 of the Agreement.
51611405.3
(d) Completion of Minimum Improvements and Receipt of Certificate of
Compliance. The date for Redeveloper to complete construction of the Project and the Minimum
Improvements which is currently identified as August 31, 2018 (and as mistakenly identified as
December 31, 2017 in Exhibit E) is hereby amended to be August 31, 2019 for all purposes of
the Agreement including, without limitation, Section 3(a), Section 3(b) and Section 5 of the
Agreement and Exhibits E and F of the Agreement.
(e) Minimum Actual Value. The commencement date for the application of the
Minimum Actual Value which is currently identified as January 1, 2019 is hereby amended to be
January 1, 2020, and the termination date of the application of the Minimum Actual Value and
the Minimum Assessment Agreement which is currently identified to be December 31, 2022 is
hereby amended to be December 31, 2023, in each case, for all purposes of the Agreement
including, without limitation, as applicable, Section 7(c), Section 7(d), Section 7(e) and Section
402 of the Agreement and Exhibit E and Exhibit J of the Agreement.
(f) Office Component Leasing Efforts. The period during which Redeveloper is
required to use commercially reasonable efforts to obtain tenants for the office space included in
the Minimum Improvements in accordance with Section 404 of the Agreement is hereby
amended to be fourteen (14) months from the First Amendment Effective Date.
3. Extensions. None of the foregoing amendments to the dates set forth in the
Agreement shall be construed to limit or preclude any other extensions of such dates
contemplated or permitted pursuant to the terms of the Agreement.
4. Miscellaneous.
(a) Except as hereinabove modified and amended, the Agreement shall remain
in full force and effect in accordance with its terms and is hereby ratified and confirmed.
(b) This First Amendment supersedes any prior representations, offers,
negotiations or understandings between the parties with respect to the subject matter hereof.
(c) This First Amendment may be signed by the Parties in counterpart and
shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts
shall be deemed to be authentic and valid as an original of this First Amendment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES FOLLOW.]
51611405.3
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the First
Amendment Effective Date set forth above.
STATE OF IOWA
COUNTY OF JOHNSON
CITY:
CITY OF IOWA CITY, IOWA, a municipality
By:
Matthew J. ff a�`yek Mayor
ATTEST:
By:
Mah-Un K. Karr, City Clerk
On this 13 ' day of December, 2015, before me a Notary Public in and for said County,
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 Municipal Corporation, and that
said instrument was signed and sealed on behalf of said Municipal Corporation by authority and
resolutions 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.
KELLIE K. TUTTLE 819 �\
�CcmCni�.c:.;n Plumber 22
Notary Public in and for the State of Iowa
`.,iy C;cn , i n Expires
51611405 First Amendment to Agreement for Private Redevelopment — Signature Page
REDEVELOPER:
CASL HOLDINGS, LLC, a Delaware limited
liability company
By: CA Student Living Operating
Company, LLC, a Delaware limited liability
company, its sole member
as M. Scott
Its: Chief Executive Officer
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on this I0 4day of November, by Thomas
M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as the sole
member of CASL Holdings, LLC.
OFFICIAL SEAL Notary Public in and for the State of Illinois
ROBERT PARIZEK
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES: 11/26/18
First Amendment to Agreement for Private Redevelopment — Signature Page
REDEVELOPER:
CASL HOLDINGS, LLC, a Delaware limited
liability company
By: CA Student Living Operating
Company, LLC, a Delaware limited liability
a
member
. Scott
Its: Chief Executive Officer
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on this (e day of November, by Thomas
M. Scott as Chief Executive Officer of CA Student Living Operating Company, LLC as the sole
member of CASL Holdings, LLC.
OFFICIAL SEAL
ROBERT PARIZEK
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES; 11/26/18
Notary Public i and for the State of Illinois
First Amendment to Agreement for Private Redevelopment — Signature Page
EXHIBIT A
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the
recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County,
Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street right-of-way located
west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access
easement, in said County Seat Addition to Iowa City, Iowa.
51611405.3
"` '
10
i'mmom�
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-394
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST A LEASE AGREEMENT WITH THE IOWA CITY AREA
DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN THE IOWA CITY
PUBLIC LIBRARY.
WHEREAS, the City owns commercial space within the Iowa City Public Library suitable for
leasing out; and
WHEREAS, the Iowa City Area Development Group (ICAD) is in need of office space for their
work in economic development; and
WHEREAS, ICAD, through this lease, will combine the ground floor space with the basement
space presently leased to the University of Iowa for its use, for its use in economic development,
as well as collaborating with the Library, the City's economic development staff, and the University
of Iowa, in mentoring and fostering local entrepreneurial efforts; and
WHEREAS, staff has negotiated a lease with ICAD, who will sublet a portion of the space to the
University of Iowa, for a term of four years; and
WHEREAS, following public hearing, the City finds that approval of the Lease is in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The attached Lease is approved.
2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest
the Lease attached hereto.
Passed and approved this 15th day of December —,20 15
MAYOR a
/ /A roved by
ATTEST:_
CITY tERK City Attorney's Office
lResolution No. 15-394
]page 2
It was rnoved by Mims__ and seconded by Payne the
Resolution be adopted, and upon roll call there NVCL:.:
AYES: NAYS: ABSENT:
X 13otchway
x Dickens
x Dobyns
x Hayek
x Mims
R Payne
x Throgmorton
LEASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AREA
DEVELOPMENT GROUP, INC.
This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or
"Landlord") and the Iowa City Area Development Group, Inc. ("ICAD" or "Tenant") in Iowa City, Iowa.
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library building,
and has the authority to lease certain space in said premises.
B. The parties have previously entered into a lease for the ground floor commercial space in the
Iowa City Public Library building, located at 136 S. Dubuque St., Iowa City, IA. The University of Iowa
has previously leased the basement commercial space in the Iowa City Public Library building. Those
prior leases will be replaced by this new Lease. In this new Lease, ICAD will be leasing both spaces
from the City, and will sublet some portion of the combined space to the University of Iowa and other
approved parties, subject to City approval, not to be unreasonably withheld. The University of Iowa,
ICAD, and the City will use the leased facility in collaboration to offer joint programming to the
community.
C. The Iowa City Area Development Group, Inc., intends to use the space for office purposes, as
well as to collaborate with the University of Iowa in mentoring and fostering entrepreneurial efforts.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Landlord and Tenant hereby agree as follows:
AGREEMENT
DATE. This Lease is made to be effective as of the 1 st day of January, 2016.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from
Landlord for the Term the real property comprising approximately 4,935 square feet of main floor
commercial space located in the Iowa City Public Library building, 136 S. Dubuque Street, Iowa City,
Iowa, more particularly described in the site plan on Exhibit "A" (the "Ground Floor Premises") attached
hereto and incorporated herein, as well as approximately 7,995 square feet of commercial space, located
at 130 S. Dubuque Street, Iowa City Iowa, with the improvements thereon and all rights, easements and
appurtenances thereto belonging, which, more particularly, includes the space and premises as may be
shown on "Exhibit B" (the "Basement Premises"), attached hereto, together with the continuous and
uninterrupted right of access to and from the Premises. The "Ground Floor Premises" and "Basement
Premises" shall be referred to in this Lease, collectively, as the "Premises".
3. TERM. The term of this Lease ('Term") shall be from March 1, 2016 through February 29,
2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the
Lease for a second four year term under the same terms and conditions of this Lease, save the amount
of rent. Any such extension would need to be reduced to writing, and executed by both parties.
4. FIT -OUT. Tenant is responsible for any fit -out costs.
5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the
execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground
Floor Premises, for which Tenant submitted a $1,500.00 deposit. Any deposit remaining from that lease
may be carried over to this lease. The deficiency must be provided by Tenant. Tenant agrees to pay to
Landlord as rental for said term, as follows: $2,000.00 per month, in advance, the first rent payment
becoming due upon the 1st day of March, 2016, and the same amount, per month, in advance, on the
1st day of each month thereafter up to and including the 1s` day of February, 2018 , and then $2,500.00
per month, in advance, on the 1st day of each month thereafter up to and including the 1" day of
February, 2020. All sums shall be paid at the address of Landlord, as above designated, or at such other
place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing.
6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis utilizing the
square footage of the Premises as a percentage of the square footage of the entire portion of the
building sharing the same utilities, for any utilities that are not otherwise separately charged to or
metered exclusively to the Premises. Utilities to be paid include water, sewer, gas, and electricity.
Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as
garbage removal. Tenant will be responsible for any common area maintenance. Landlord will provide
exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep
of the sidewalk and exterior windows as needed outside of this set maintenance schedule.
7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of
the Iowa City Area Development Group, with related Co -Lab utilization, and collaboration with the
University of Iowa's Office of Research and Economic Development on research and entrepreneurial
mentorship, as well as any other activities reasonably related thereto, including, but not limited to, sub-
leasing space to the University of Iowa and to one or more startup businesses. Tenant shall make space
available for City economic development staff use. Tenant will collaborate with the Iowa City Public
Library to offer joint programs open to the public at least four times per calendar year. The Premises
may not be used for any other purpose without written approval of Landlord.
8. PARKING. The Premises includes no provision for parking. Tenant must secure its own
parking.
9. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and
performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and
quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or
hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning,
environmental impact edict, or other action of any public or quasi -public agency or governmental
authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action
and the rent applying to the unexpired portion of the Term will abate.
10. PROHIBITED BEHAVIOR. Smoking is not allowed anywhere on the Premises. This
includes both tenant -occupied areas and all common areas of the building.
11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby
represents, warrants and covenants to Tenant that as of the Commencement Date:
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and
authority to grant the estate demised herein and to execute and perform all of the terms, provisions,
covenants and agreements provided in this Lease;
(b) to the best of its knowledge, the Premises complies with all applicable zoning
requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in
Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans
with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic
studies or requirements; and
(c) the Premises does not contain any asbestos or Hazardous Materials (as defined in
Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or
4
regulation relating to industrial hygiene or to the environmental conditions on, under or about the
Premises including, but not limited to, soil and ground water condition, and that no previous occupant of
the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises
any Hazardous Materials, as determined by a Court of competent jurisdiction.
12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or any
part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases
all or a part of the Premises, Tenant agrees to remain primarily liable for the payment of rent for the
remaining term of this Lease. Landlord's prior written consent is hereby given for Tenant's subleasing of
the Premises or portions thereof to the University of Iowa and to startup businesses, all in accordance
with and as anticipated under one certain 28E Agreement entered into between the Tenant and
University of Iowa dated 1.4// , 2015.
13. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent,
may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may
deem necessary or desirable, except for any affecting the structural components of the building, which
are the sole obligation of Landlord, provided any single alteration, improvement, or addition costs not
more than one thousand dollars ($1,000.00) unless with the Landlord's prior written approval. For any
improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall
submit a written description of the proposed work along with plans and drawings respecting the same to
Landlord for approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its
option, may remove such alterations, improvements, or additions made by it in, on or about the Premises
if the removal may be done without structural damage to the Premises. Tenant's personal property and
its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant
and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or
additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically
become the property of Landlord. Landlord shall, at its sole expense, make any alterations,
improvements or additions to the Premises (structural or non-structural) that may be required on account
of any existing or future laws of any governmental authority, except alterations, improvements or
additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no
event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the
Premises without Landlords' specific written approval, notwithstanding any provision contained herein to
the contrary.
14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the
Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall
maintain and promptly make all exterior repairs, all repairs, replacements or retro -fitting of a permanent
character (including, but not limited to, components in the air conditioning, boiler and heating systems,
HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems,
including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation,
footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings,
alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or
damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required
by any governmental or public authority, except for any damage caused solely by Tenant's negligence.
Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition
associated with the Building System. As used herein, 'Building Systems' means the building utility
elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such
systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other
utility lines and all elevator services and maintenance services related to the Premises. Tenant shall
surrender the Premises in as good order, repair and condition, or better, as the same were in at the
commencement of the Term, damage by fire and items covered by extended coverage insurance,
unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by
Tenant and Landlord's failure to repair excepted.
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15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code
requirements, and subject to the written approval of Landlord, not to be unreasonably withheld. Tenant
is responsible for care, maintenance, and replacement of any and all of Tenant's signs.
16. TAXES. Commencing on the first day of this lease and on the first day of each month
thereafter during the term of this lease, Tenant shall pay to Landlord, as additional rent, 1/12th of the
annual real estate taxes and special assessments accruing during that month. Landlord shall make the
semi-annual payment for real estate taxes, as well as all special assessments, to the county treasurer
before the same become delinquent.
Any deficiency in the amount necessary to timely pay the obligations provided for shall be
promptly reimbursed by Tenant upon notice via regular first-class mail. At the end of each fiscal year a
reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant
to pay Landlord whatever additional sums are needed to account for all taxes and special assessments
accrued during Tenant's tenancy.
Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and ali
other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'
includes any form of real property tax or assessment, imposed by any authority having the direct or
indirect power to tax, including any city, county, state, or federal government, or any school, agricultural,
lighting, drainage or other improvement district thereof or any public or quasi -public agency or
governmental authority, upon any legal or equitable interest of Landlord in the Premises, or upon
Tenant's use or occupancy of the Premises.
Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so
that payment can be made in a timely manner and each can document the amount of the payments
due and made.
17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and
maintain insurance in a company or companies authorized to do business in the State of Iowa, in the
following types and amounts of coverage:
Type of Coverage
a. Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily Injury & Property Damage $1,000,000 $2,000,000
b. Excess Liability $1,000,000 $1,000,000
C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord
as an additional insured for the a. and b. coverages listed above. Tenant shall deliver to the Landlord,
within thirty (30) days after execution of this Lease, Certificates of Insurance and copies of said policies,
naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the
Landlord before cancellation of said insurance.
18. INDEMNITY, DISCLAIMER AND RELEASE. Landlord hereby disclaims, and Tenant hereby
releases the Landlord from, any and all liability, whether in contract or tort (including strict liability and
negligence) for any loss, damage or injury of any nature whatsoever (hereinafter, "Claims") sustained by
Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss,
damage or injury to the property of Tenant that may be located or stored in the Premises, if said Claims
are related in any way to Tenant's use of the Premises, unless such loss, damage or injury is caused by
the Landlord's willful misconduct. Furthermore, Tenant agrees to defend, indemnify, and hold Landlord
harmless against any such Claims. The parties hereby agree that under no circumstances shall the
Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort
(including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Premises under this Lease.
19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part
by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition.
All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the
portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a
tenantable condition. Landlord shall commence and complete all work required to be done under this
Section with reasonable promptness and diligence. In the event Landlord repairs or restores the
Premises, the rent due under this Lease shall be abated or reduced proportionately during any period
which, by reason of such damage or destruction, there is any interference with the operation of the
business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after
the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to
complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's
election to do so at any time prior to the later of (i) the commencement of the repair or restoration or (ii)
ten (10) days after the receipt from Landlord of a written notice that the repair or restoration will take in
excess of 90 days to complete. In that event, this Lease shall terminate as of the date of such damage or
destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes up
to the date of such termination.
20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by
condemnation or under the power of eminent domain, or sold under the threat of the exercise of said
power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall
automatically terminate, without further liability other than accrued but unpaid rent, utilities and or
applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs
first.
If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's
use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this
Lease as of the date the condemning authority takes possession, without further liability other than
accrued but unpaid rent, utilities and or applicable taxes as of the date of such termination. Tenant's
election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant
written notice of the taking (or in the absence of such notice, within fifteen (15) days after the
condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with
this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining,
except that rent shall be reduced in the proportion that the area taken diminishes the value and use of
the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the
Premises caused by condemnation and restore the remainder of the Premises to the reasonable
satisfaction of Tenant.
Any award or payment made upon condemnation of all or any part of the Premises shall be
the property of Landlord, whether such award or payment is made as compensation for the taking of the
fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or
payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions,
alterations and improvements made to the Premises by Tenant, and for its loss of business or the
leasehold herein created or any other consequential or special damages, such as Tenant's relocation
and moving expenses.
21. DEFAULTS. The following shall constitute "Events of Default":
(a) Monetary. Tenant shall fail to pay rent at the time required or any other monetary
obligation or payment required under this Lease when due, and such failure shall continue for a period of
ten (10) days following written notice from Landlord to Tenant; or
5
(b) Non-performance. Tenant shall fail to observe or perform any of the other covenants,
terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after written
notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured
within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such
cure or fails thereafter to diligently pursue such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization
or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the
benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if
a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant
under any present or future federal or state bankruptcy law or any similar federal or state law is filed in
any court and such petition or answer is not discharged or denied within thirty (30) days after the filing
thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant
or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against
Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or
acquiesces in such appointment.
22. REMEDIES.
Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the
continuance of such Event of Default, Landlord may take any of the following actions and shall have the
following rights against Tenant:
(a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30)
days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this
Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect
as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as
provided in Section (c) below.
(b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring
an action for forcible entry and detainer.
(c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this
Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof
pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
(d) Damages. In the event of any termination of this Lease or eviction from or repossession
of the Premises or any part thereof by reason of the occurrence of an Event of Default:
(i) Rent and Charges. Tenant shall pay to Landlord the rent and other sums and
charges required to be paid by Tenant, and not received from any replacement or successor tenant, for
the period to and including the end of the applicable Term or expiration of an exercised option period as
provided for by Section 3 above, whichever is later.
(ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant
under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for
pursuant to this Lease.
(e) Rights Cumulative Non -Waiver. No right or remedy herein conferred upon or reserved
to Landlord is intended to be exclusive of any other right or remedy, and each and every right and
remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or
hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this
Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of
C
the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or
provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy
allowed to Landlord at law or in equity.
(f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges
described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or
maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or
expenses required to be paid by Tenant under the Lease, Landlord shall have the right, but not the
obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord
shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall
be deemed additional rent hereunder) on demand with interest accruing from ten (10) days after demand
at 10% rate per annum. (the "Default Rate").
(g) Late Charge Default Rate. If Landlord does not receive payment of any installment of
rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days
after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord
may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such
sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear
interest at the Default Rate accruing from thirty (30) days after the due date until the date paid.
(h) Non -Waiver. The failure of Landlord to insist upon strict performance of any of the
covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more
instances shall not be construed as a waiver or relinquishment for the future of any such covenant,
condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of
any rent or any other sum payable hereunder with knowledge of the breach of any covenants or
agreements contained herein shall not be deemed a waiver of such breach.
23. HOLDING OVER. Tenant acknowledges Tenant is being granted terms below market rent for
this lease. If Tenant remains in possession of the Premises after the expiration or termination of this
Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises
as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease
insofar as they are applicable to a month-to-month tenancy, with the following exceptions:
(a) Rent plus property taxes shall be payable in the amount of $8,348 per month, payable in
advance by the 1 sc day of the month.
Nothing in this paragraph should be read to grant Tenant the right to hold over.
24. ACCESS BY LANDLORD.
(a) Landlord or Landlord's agents, representatives or employees shall have the right at any
time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such
notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises
for the purposes of inspecting the same, determining whether this Lease is being complied with, and
curing (as permitted herein) any default by Tenant.
(b) Landlord or Landlord's agents, representatives, or employees shall have the right
whenever necessary and without notice to enter upon the Premises for the purpose of repairing or
maintaining any of Landlord's property or accessing storage areas adjacent to or abutting the Premises.
In such circumstances Landlord will endeavor, but is not required, to provide reasonable advance notice
to Tenant.
25. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the
Premises, that Tenant, its employees, and agents shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to
7
employment. "Public accommodation" shall include but not be limited to providing goods, services,
facilities, privileges and advantages to the public.
26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and
enforcement of this Lease.
27. NOTICES. Notices, statements and other communications to be given under the terms of the
Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by
commercial courier, return receipt requested, and addressed as follows:
If to Landlord: With Copies to: If to Tenant:
City Manager Iowa City Attorney Iowa City Area Development Group, Inc.
410 E. Washington 410 E. Washington St. 136 S. Dubuque St.
Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52240
The address and person for written communication may be changed upon ten (10) days'
written notice to the other party.
28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through
them hereby mutually release and discharge each other, any other tenants or occupants of the building
in which the Premises is located, and the officers, employees, agents, representatives, customers and
business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and
liabilities arising from or caused by any hazard covered by insurance on or in connection with the
Premises or said building, even if caused by the fault or negligence of a released party. This release
shall apply only to the extent that such claim, loss or liability is covered by insurance.
29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the
term of the Lease, but shall bear no liability whatsoever and shall not assume any responsibility for any
environmental materials or Hazardous Materials on the Premises other than if brought thereon by
Tenant, its sub -tenants, invitees or guests. Landlord agrees to indemnify, defend and hold Tenant
harmless from and against any and all loss, damage, liability and expense (including reasonable
attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to
environmental conditions, Hazardous Materials or any other environmental laws and regulations not
directly resulting from Tenant's activities on the Premises.
30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but
not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants,
hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to
which is prohibited or regulated by any governmental authority having jurisdiction over the Premises,
any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by
Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials
Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic
Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the
laws, regulations or rulings of the state in which the Premises is located or any local ordinance
affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such
laws and ordinances.
31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of
this Lease or any other provision hereof.
32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be
attached hereto, set forth all of the covenants, promises, agreements, and conditions between
Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises,
agreements or conditions, either oral or written, between them. This Lease may not be modified or
amended in any manner except by an instrument in writing executed by the parties hereto.
33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall
bind, apply to and inure to the benefit of the parties hereto and their respective successors.
34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this
Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be
entitled to its reasonable attorney's fees, to be paid by the losing party, as fixed by the court.
35. HEADING. Headings as to the contents of particular sections herein are inserted only for
convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of
the particular section to which they refer.
36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall, when taken together, constitute but one and the same
instrument.
37. TENANT'S RIGHT TO TERMINATE. Tenant may terminate this Lease at any time upon
giving not less than one hundred twenty (120) days prior written notice to Landlord. Upon such
termination the Lease shall terminate as fully and completely and with the same effect as if such
termination date were the date herein fixed for expiration of the Term.
E
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of
the day and year first above written.
Landlord'
CITY OF IOWA CITY
Tenant:
IOWA CITY AREA DEVELOPMENT GROUP, INC.,
i
—Thomas Markus, City Man ger Mark Nolte, President
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 1:-{k day of /ctK-L-,ta.o4 201,k before me, the undersigned, a notary
public in and for the State of Iowa, personal ly-opeared Thomas Markus, to me personally known, who
being by me duly sworn, did say that he is the City Manager of said municipal corporation executing the
within and foregoing instrument, that the seal affixed thereto is the seal of said municipal corporation, that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the City Manager acknowledged that the execution of said instrument is his voluntary act
and deed and that he is empowered to bind said corporation.
-'RUE K. TUTTLE
'umber 2218
iDn Expires
IOWA CITY AREA DEVELOPMENT GROUP, INC.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
On this qA day of Oerem6er , 2015, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Mark Nolte, to me personally known, who being by
me duly sworn, did identify himself as President of the Iowa City Area Development Group, Inc., and
acknowledge the execution of the instrument to be his own voluntary act and deed, and that of the Iowa
City Area Development Group, Inc.
App r ved:
City Attorney
Notary Public
10
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State of IowaNAV E RKq
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Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washi ton St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLU ON AUTHORIZING THE MAYOR O SIGN AND CITY CLERK TO
ATTEST LEASE AGREEMENT WIT THE IOWA CITY AREA
DEVELOPM NT GROUP FOR COMMERCIA SPACE WITHIN THE IOWA CITY
PUBLIC LIBR RY.
WHEREAS, the City ow\Are
rcial space withi the Iowa City Public Library suitable for
leasing out; and
WHEREAS, the Iowa Civelopment Gro p (ICAD) is in need of office space for their
work in economic develo
WHEREAS, ICAD, through this leas will comne the ground floor space with the basement
space presently leased to the Universi of Iowa or its use, for its use in economic development,
as well as collaborating with the Library, a City' economic development staff, and the University
of Iowa, in mentoring and fostering local en epr neurial efforts; and
WHEREAS, staff has negotiated a lease with
University of Iowa, for a term of four years; an)
WHEREAS, following public hearing, the
interest.
NOW, THEREFORE, BE IT RESOLVED
IOWA, THAT:
1. The attached Lease is approved.
2. The Mayor and the City Clerk are I
the Lease attached hereto.
who will sublet a portion of the space to the
that approval of the Lease is in the public
THE CITY(�,OUNCIL OF THE CITY OF IOWA CITY,
Passed and approved this 1 day of
ATTEST:
CITY CLERK
and directed\�o respectively execute and attest
MAYOR
20
Approved by
City Attorney's Office
LEASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AREA
DEVELOPMENT GROUP, INC. 29
This Lease Agreement ("Lease") is made by and be een th '" Of- lower ity ("City" or
"Landlord") and the Iowa City Area Development Group, Inc. ("I AD" or "T.4ont"fi lowjQity, Iowa.
A. The City of Iowa City;' a municipal corporation, i the owner Ot fee tM to certain premises
situated in the City of Iowa City, S�ate of Iowa, commonly kn wn as the Iowa City Public Library building,
and has the authority to lease cert'n space in said premise .
B. The parties have previou entered into a leaso for the ground floor commercial space in the
Iowa City Public Library building, loc., ed at 136 S. Dubu ue St., Iowa City, IA. The University of Iowa
has previously leased the basement c mmercial space In the Iowa City Public Library building. Those
prior leases will be replaced by this ne Lease. In thi new Lease, ICAD will be leasing both spaces
from the City, and will sublet some porti of the
approved parties, subject to City approva not to
ICAD, and the City will use the leased cility
community.
fined space to the University of Iowa and other
unreasonably withheld. The University of Iowa,
collaboration to offer joint programming to the
C. The Iowa City Area Development Gr ,Inc., intends to use the space for office purposes, as
well as to collaborate with the University of Iowa - mentoring and fostering entrepreneurial efforts.
In consideration of the foregoing and t mu al covenants hereinafter coned, and for other
good and valuable consideration, the receipt nd su 'ciency of which are haycnowfrsged by the
parties, Landlord and Tenant hereby agree a follows:
AGREEME '-
--v
4
1. DATE. This Lease is made to a effective as of th 1st day of Jan; 20�ii.
2. PREMISES. Landlord her y leases to Tenant an Tenant hereby leaves and takes from
Landlord for the Term the real pr erty comprising approxi tely 4,935 square feet of main floor
commercial space located in the to a City Public Library buildi , 136 S. Dubuque Street, Iowa City,
Iowa, more particularly described i the site plan on Exhibit "A" (th "Ground Floor Premises") attached
hereto and incorporated herein, a well as approximately 7,995 squa\on
commercial space, located
at 130 S. Dubuque Street, Iowa ity Iowa, with the improvements thd all rights, easements and
appurtenances thereto belong' g, which, more particularly, includese and premises as may be
shown on "Exhibit B" (the " asement Premises"), attached heretoer with the continuous and
uninterrupted right of acc s to and from the Premises. The "GroPremises" and "Basement
Premises" shall be refers. d to in this Lease, collectively, as the "Prem
3. TERM. The term of this Lease ("Term") shall be from March 1, 2016 through February 29,
2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the
Lease for a second four year term under the same terms and conditions of this Lease, save the amount
of rent. Any such extension would need to be reduced to writing, and executed by both parties.
4. FIT -OUT. Tenant is responsible for any fit -out costs.
5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the
execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground
RECITALSk,
F.
A. The City of Iowa City;' a municipal corporation, i the owner Ot fee tM to certain premises
situated in the City of Iowa City, S�ate of Iowa, commonly kn wn as the Iowa City Public Library building,
and has the authority to lease cert'n space in said premise .
B. The parties have previou entered into a leaso for the ground floor commercial space in the
Iowa City Public Library building, loc., ed at 136 S. Dubu ue St., Iowa City, IA. The University of Iowa
has previously leased the basement c mmercial space In the Iowa City Public Library building. Those
prior leases will be replaced by this ne Lease. In thi new Lease, ICAD will be leasing both spaces
from the City, and will sublet some porti of the
approved parties, subject to City approva not to
ICAD, and the City will use the leased cility
community.
fined space to the University of Iowa and other
unreasonably withheld. The University of Iowa,
collaboration to offer joint programming to the
C. The Iowa City Area Development Gr ,Inc., intends to use the space for office purposes, as
well as to collaborate with the University of Iowa - mentoring and fostering entrepreneurial efforts.
In consideration of the foregoing and t mu al covenants hereinafter coned, and for other
good and valuable consideration, the receipt nd su 'ciency of which are haycnowfrsged by the
parties, Landlord and Tenant hereby agree a follows:
AGREEME '-
--v
4
1. DATE. This Lease is made to a effective as of th 1st day of Jan; 20�ii.
2. PREMISES. Landlord her y leases to Tenant an Tenant hereby leaves and takes from
Landlord for the Term the real pr erty comprising approxi tely 4,935 square feet of main floor
commercial space located in the to a City Public Library buildi , 136 S. Dubuque Street, Iowa City,
Iowa, more particularly described i the site plan on Exhibit "A" (th "Ground Floor Premises") attached
hereto and incorporated herein, a well as approximately 7,995 squa\on
commercial space, located
at 130 S. Dubuque Street, Iowa ity Iowa, with the improvements thd all rights, easements and
appurtenances thereto belong' g, which, more particularly, includese and premises as may be
shown on "Exhibit B" (the " asement Premises"), attached heretoer with the continuous and
uninterrupted right of acc s to and from the Premises. The "GroPremises" and "Basement
Premises" shall be refers. d to in this Lease, collectively, as the "Prem
3. TERM. The term of this Lease ("Term") shall be from March 1, 2016 through February 29,
2020. At any time prior to the expiration of the Term, the parties may negotiate an extension of the
Lease for a second four year term under the same terms and conditions of this Lease, save the amount
of rent. Any such extension would need to be reduced to writing, and executed by both parties.
4. FIT -OUT. Tenant is responsible for any fit -out costs.
5. RENT. Tenant shall pay a deposit for damage or default in the amount of $5,000.00 upon the
execution of this lease. Tenant previously entered into a short-term lease with the City for the Ground
Floor Premises, for which Tenant submitted a $1,500.00 deposit. Any deposit remaining from that lease
may be carried over to this lease. The deficiency must be provided by Tenant. Tenant agrees to pay to
Landlord as rental for said term, as follows: $2,000.00 per month, in advance, the first rent payment
becoming due upon the 1st day of March, 2016, and the same amount, per month, in advance, on the
1st day of each month thereafter up to and including the 1st day of February, 2018 , and then $2,500.00
per month, in advance, on the 1st day of each month thereafter up to and including the 1St day of
February, 2020. All sums shall be paid at the address of Landlord, as above designated, or at such other
place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing.
6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis utilizing the
square footage of the Premises as a percentage of the square footage of the entire portion of the
building sharing the same utilities, for any utilities that are not otherwise separately charged to or
metered exclusively t ` the Premises. Utilities to be paid include wat 'r, sewer, gas, and electricity.
Tenant shall pay for a janitorial services and regular cleaning servic to the Premises, as well as
garbage removal. Tena t will be responsible for any common area mai tenance. Landlord will provide
exterior window cleaning ice a year), and sidewalk cleaning. Tenant ay wish to enhance the upkeep
of the sidewalk and exterio windows as needed outside of this set mai enance schedule.
7. USE OF PREMIS . Tenant shall use the Premises for a conduct of Tenant's operation of
op n
the Iowa City Area Develt Group, with related Co -Lab u ization, and collaboration with the
University of Iowa's Office of R search and Economic Develop ent on research and entrepreneurial
mentorship, as well as any other\to
reasonably related th reto, includj,n_g, buiot limited to, sub-
leasing space to the University ofd to one or more start businesse Tena shall make space
available for City economic devestaff use. Tenant ill collaboratih tt� lowal ity Public
Library to offer joint programs ope public at least fo r times per carr year. Premises
may not be used for any other puhout written appro al of Landlord. =- o
8. PARKING. The Premises incld�es no p
parking. \
9. QUIET ENJOYMENT. Landlord cov ante
performs all of the agreements and covenants
quietly have, hold and enjoy the Premises for e
hindrance by Landlord. If Tenant's use of t
environmental impact edict, or other action any
authority, this Lease, at the sole option of Ten nt, sh
and the rent applying to the unexpired portio of the T
ovi on for parking naht _M� st s re its own
,-„
and agrees that so long as Tenant observes and
ired of it hereunder, Tenant shall peaceably and
Term without any encumbrance, interference or
remises is limited or denied through rezoning,
public or quasi -public agency or governmental
a terminate as of the effective date of such action
ar will abate.
10. PROHIBITED BEHAVIOR. oking is not\CO
ed anywhere on the Premises. This
includes both tenant -occupied areas and II common arease building.
11. REPRESENTATIONS W RANTIES AND ENANTS OF TITLE. Landlord hereby
represents, warrants and covenants tX Tenant that as of the Co mencement Date:
(a) Landlord is the soV owner in fee simple of the PTmises and has full right, power and
authority to grant the estate dephised herein and to execute an perform all of the terms, provisions,
covenants and agreements pro ided in this Lease;
(b) to the best of its knowledge, the Premises co lies with all applicable zoning
requirements, ordinances, egulations, and all applicable laws, affec 'ng the Premises or required in
Tenant's use of the Pre ses or common areas appurtenant to the Pr ises, including the Americans
with Disabilities Act (or her laws affecting handicapped access) and anyyenvironmental impact or traffic
studies or requirement , and
(c) the Premises does not contain any asbestos or Hazardous Materials (as defined in
Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or
2
regulation relating to industrial hygiene or to the environmental conditions on, under or about the
Premises including, but not limited to, soil and ground water condition, and that no previous occupant of
the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises
any Hazardous Materials, as determined by a Court of competent jurisdiction.
12. ASSIGNMENT AND SUBLETTING. Tenant shall not ssign this Lease, or sublease all or any
part of the Premises for any purpose, without the prior written c nsent of Landlord. If Tenant subleases
all or a part of the Premises, Tenant agrees to remain primar" y liable for the payment of rent for the
remaining ter'Nan
f this Lease. Landlord's prior written consent i hereby given for Tenant's subleasing of
the Premisesportions thereof to the University of Iowa an to startup businesses, all in accordance
with and as 'cipated under one certain 28E Agreeme t entered into between the Tenant and
University of Iowa ated , 2015.
13. ALTERAT NS IMPROVEMENTS AND ADD IONS. Tenant, without Landlord's consent,
may make any alteratioNs, improvements, or additions in, on or about the Premises, which Tenant may
deem necessary or desir le, except for any affecting t structural components of the building, which
are the sole obligation of L ndlord, provided any sing) alteration, improvement, or addition costs not
more than one thousand doll s ($1,000.00) unless W the Landlord's prior written approval. For any
improvements exceeding one th usand dollars ($1,00 .00), in seeking Landlord's approval, Tenant shall
submit a written description of the roposed work al g with plans and drawings respecting the same to
Landlord for approval, which aper al shall not b unreasonably delayed or withheld. Tenant, at its
option, may remove such alterations, provement , or additions made by it in, on or about the Premises
if the removal may be done without str ctural da age to the Premises. Tenant's personal property and
its trade fixtures, including all machinery, quip nt and furnishings, shall remain the property of Tenant
and may be removed by Tenant. Any pe on I property, trade fixtures, alterations, improvements, or
additions not removed by Tenant within thi (30) days after the end of the Term shall automatically
become the property of Landlord. Landl shall, at its sole expense, make any alterations,
improvements or additions to the Premises tri tural or non-structural) that may be required on account
of any existing or future laws of any g ern ntal authority, except alterations, improvements or
additions to the Premises as may be requJ ed sole by reason of the nature of Tenant's business. In no
event shall Tenant make any changes, odificatio s, alternations, or additions to the exterior of the
Premises without Landlords' specific wri en approval, otwithstanding any provision contained herein to
the contrary.
14. REPAIRS AND MAINT ANCE. Tenant all make ordinary interior repairs in the
Premises, as well as be responsib for protecting agains insect and pest infestation. Landlord shall
maintain and promptly make all ex nor repairs, all repairs, r lacements or retro-fitting of a permanent
character (including, but not limit d to, components in the air onditioning, boiler and heating systems,
HVAC system, sprinkler syste gas lines, electrical and plu bing fixtures and hot water systems,
including heaters), and all foo
and floor surfaces, wall, roof (i cluding water tightness), foundation,
footings, Building Systems (a herein defined) and structural repai s'support systems, strengthenings,
alterations, reconstructions, additions necessitated by reason of la se of time, weakness or decay, or
damage to or destruction of he Premises, or to any part thereof, or w 'ch may, at any time, be required
by any governmental or p lic authority, except for any damage cause solely by Tenant's negligence.
Tenant shall promptly n ify Landlord of any known defect, damage, ecay or dangerous condition
associated with the Bui ing System. As used herein, 'Building Syste 'means the building utility
elements essential for enant's use and occupancy of the Premises inclu ' g, but not limited to, such
systems as are not re ily accessible to Tenant, such as underground Ovate sewer, electric and other
utility lines and all el vator services and maintenance services related to th Premises. Tenant shall
surrender the Premi es in as good order, repair and condition, or better, as t same were in at the
commencement of he Term, damage by fire and items covered by extende caerage insurance,
unavoidable casu ty, reasonable wear and tear, alterations, improvement an ditions made by
Tenant and Land rd's failure to repair excepted.`yyter.
w.i.lf C../
�*
c.n
15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code
requirements, and subject to the written approval of Landlord, not to be unreasonably withheld. Tenant
is responsible for care, maintenance, and replacement of any and all of Tenant's signs.
16. TAXES. Commencing on the first day of this lease and on the first day of each month
thereafter during the term of this lease, Tenant shall pay to Landlord, as additional rent, 1/12th of the
annual real estate taxes and special assessments accruing during that month. Landlord shall make the
semi-annual payment for real estate taxes, as well as all special assessments, to the county treasurer
before the same become delinquent.
Any deficiency in the amount necessary to timely pay the
promptly reimbursed by Tenant upon notice via regular first-cl
reconciliation will tae place to refund any excess funds colle
to pay Landlord whatvver additional sums are needed to acc L
accrued during Tenan 's tenancy.
Tenant shall further ay all taxes assessed against
other personal property of enant contained in the Premi
includes any form of real pro erty tax or assessment, imK
indirect power to tax, including ny city, county, state, or 1
lighting, drainage or other impro ement district thereof or
governmental authority, upon any gal or equitable inteyf
Tenant's use or occupancy of the P mises. /
Tenant and Landlord agree to Nomptly p
that payment can be made in a timely anner
due and made. ,
17. INSURANCE. Tenant covenai
maintain insurance in a company or com
following types and amounts of coverage:
Type of Coverage
a. Comprehensive Gengfral Liability
Obligations provided for shall be
ss mail. At the end of each fiscal year a
ed by Landlord to Tenant, or for Tenant
nt for all taxes and special assessments
levied upon Tenant's trade fixtures, and all
As used herein, the term 'real estate tax'
ed by any authority having the direct or
era[ government, or any school, agricultural,
y public or quasi -public agency or
of Landlord in the Premises, or upon
�Teach
de the other with copies of sta�ents for taxes so
can document tlamo# of payments
f =
c�
agrees that it will at its cv66,'iPxmnse Ocure and
uthorized to do business irk Sf e of%la, in the
Y cap
W
Each Occurrence Aggregate
(1) Bodily In/ensation
Property Damage $1,000,000 $2,000,000
b. Excess Liabilit$1,000,000 $1,000,000
C. Worker's Com Insurance as required b Chapter 85, Code of Iowa.
Tenant's insurance carr' r shall be A rated or better by A.M.\Insance
nant shall name the Landlord
as an additional insured for he a. and b. coverages listed above. shall deliver to the Landlord,
within thirty (30) days after execution of this Lease, Certificates of and copies of said policies,
naming the Landlord as an additional insured. Tenant shall proeen (15) days' notice to the
Landlord before cancell ion of said insurance.
18. INDEMNI DISCLAIMER AND RELEASE. Landlord hereby di laims, and Tenant hereby
releases Zefoftnndylor from, any and all liability, whether in contract or tort (in uding strict liability and
negligencss, damage or injury of any nature whatsoever (hereinafter, "Claims") sustained by
Tenant, its emplc ees, agents or invitees during the term of this Lease, including, but not limited to, loss,
damage or [nju to the property of Tenant that may be located or stored in the Premises, if said Claims
are related in y way to Tenant's use of the Premises, unless such loss, damage or injury is caused by
the Landlord' willful misconduct. Furthermore, Tenant agrees to defend, indemnify, and hold Landlord
harmless against any such Claims. The parties hereby agree that under no circumstances shall the
4
Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort
(including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Premises under this Lease.
19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part
by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition.
All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the
portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a
tenantable condition. Landlord shall commence and complete all work required to be done under this
Section with reasonable promptness and diligence. In the ent Landlord repairs or restores the
Premises, the rent due under this Lease shall be abated or re ced proportionately during any period
which, by reason of such damage or destruction, there is an interference with the operation of the
business of Tenant. If Landlord does not commence the repair restoration within fifteen (15) days after
the damage or de truction occurs, or if repair or restoration ill require more than ninety (90) days to
complete, Tenant ay, at Tenant's option, terminate this Le se by giving Landlord notice of Tenant's
election to do so at y time prior to the later of (i) the comm ncement of the repair or restoration or (ii)
ten (10) days after the receipt from Landlord of a written no ce that the repair or restoration will take in
excess of 90 days to co plete. In that event, this Lease shal terminate as of the date of such damage or
destruction, without furthe liability other than accrued but u paid rent, utilities and or applicable taxes up
to the date of such terminat n.
20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by
condemnation or under the pow r of eminent domain, r sold under the threat of the exercise of said
power (all of which are herein c led "condemnation" , this Lease, at Tenant's sole discretion, shall
automatically terminate, without fu er liability othe than accrued but unpaid rent, utilities and or
applicable taxes, as of the date the ndemning au ority takes title or possession, whichever occurs
first.
If any other taking (of the Premi s or
use, access, or rights of ingress or egress of r t
Lease as of the date the condemning autho
accrued but unpaid rent, utilities and or appli a
election to terminate shall be made in writi w
written notice of the taking (or in the a or
condemning authority has taken possessio . If T
otherwise) adversely and substantially affects Tenant's
the Premises, then Tenant may elect to terminate this
takes possession, without further liability other than
e taxes as of the date of such termination. Tenant's
inthirty (30) days after Landlord has given Tenant
such notice, within fifteen (15) days after the
nan does not terminate this Lease in accordance with
this Section, this Lease shall remain in fu force and a\ctasto the portion of the Premises remaining,
except that rent shall be reduced in the roportion thaa taken diminishes the value and use of
the Premises to Tenant. In addition, L dlord, at its eshall promptly repair any damage to the
Premises caused by condemnation nd restore theder of the Premises to the reasonable
satisfaction of Tenant.
Any award or paymenttde upon condemnation of 41the property of Landlord, whether award or payment is made
fee or as severance damages; ovided Tenant shall be entitled
payment for loss of or damage o Tenant's trade fixtures, remova
alterations and improvements ade to the Premises by Tenant,
leasehold herein created or. y other consequential or special d;
and moving expenses.
or any part of the Premises shall be
s compensation for the taking of the
t the portion of any such award or
)le ersonal property, and additions,
an for its loss of business or the
mag , such as Tenant's relocation
21. DEFAUga.
following shall constitute "Events of Default":•
(a) MoTenant shall fail to pay rent at the time requi ,r ay ottmonetary
obligation or paymeed under this Lease when due, and such failure sc ue period of
ten (10) days foll ing written notice from Landlord to Tenant; or
cn
5
(b) Non-performance. Tenant shall fail to observe or perform any of the other covenants,
terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after written
notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured
within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such
cure or fails thereafter to diligently pursue such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization
or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt o` insolvent, or makes an assignment for the
benefit of its creditors, or admits in writing its inability to pay s debts generally as they become due, or if
a petition or answe proposing the adjudication of Tenant s a bankrupt or a reorganization of Tenant
under any present o future federal or state bankruptcy la or any similar federal or state law is filed in
any court and such p ition oranswer is not discharged o denied within thirty (30) days after the filing
thereof; or (ii) A receive trustee or liquidator of Tenant of all or substantially all of the assets of Tenant
or of the Leased Premise or any portion thereof is appoi ted in any proceeding brought by or against
Tenant and is not discharg within thirty (30) days after such appointment or if TEgnant consents to or
acquiesces in such appointm t. C."
22. REMEDIES.
Upon the occurrence of a Event of Def
continuance of such Event of Default, ndlord may
following rights against Tenant:
(a) Termination. Landlord may ect to 1
days' prior written notice thereof to Tenant, a
Lease and all rights of Tenant hereunder shall tyexir,
as if such date were the date herein fixed for
provided in Section (c) below.
(b) Eviction. Landlord shall have
an action for forcible entry and detainer.
(c) Tenant to Remain Liable.
Lease, by operation of law or otherwise,
pursuant to this Lease or otherwise shall r
which shall survive such termination, repoq
A by Tenant, or at anqt,#he therea during the
9 e any of the followingornd 0411 have the
k
HT1
rminate the Lease by giving no4@ss than thirty (30)
the passage of time specified in such notice, this
to as fully and completely and with the same effect
ion of the Term and Tenant shall remain liable as
e imm)kdiate right upon termination of this Lease to bring
termination o this Lease pursuant to the provisions of this
id no reposse sion of the Premises or any part thereof
ve Tenant of its iabilities and obligations hereunder, all of
sion or reletting.
(d) Damages. In the event cfl any termination of this L ase or eviction from or repossession
of the Premises or any part thereof by rebson of the occurrence of a Event of Default:
(i) Rent and Char es. Tenant shall pay to Landlo\1E
rent and other sums and
charges required to be paid by Tena t, and not received from any repint or successor tenant, for
the period to and including the end the applicable Term or expirationexercised option period as
provided for by Section 3 above, w chever is later.
(ii) Leased Pr mises. Landlord shall be entitled to offset any'amount owing by Tenant
under the preceding section, )(i), against any "value added damages" Landlord may be liable for
pursuant to this Lease.
(e) Rights CurrAilative, Non -Waiver. No right or remedy herein conferred upon or reserved
to Landlord is intended to/be exclusive of any other right or remedy, and each and every right and
remedy shall be cumula ' e and in addition to any other right or remedy given hereunder or now or
hereafter existing at lav/ or in equity or by statute. In addition to the other remedies provided in this
Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of
0
the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or
provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy
allowed to Landlord at law or in equity.
(f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges
described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or
maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or
expenses required to be paid by Tenant under the Lease, Landlord shall have the right, but not the
obligation, to make all such payments, and in addition to its other emedies under this Lease, Landlord
shall have the option of requiring Tenant to repay to Landlord the ount of such payments (which shall
be deemed additional rent hereunder) on demand with interest accr ing from ten (10) days after demand
at 10% rate per annum. (the "Default Rate").
(g) ate Char a Default Rate. If Landlord does
rent or any other um or charge required to be paid by Tenant
after the same fall due (regardless of whether Tenant has re
may impose a late harge equal to five percent (5%) of the
sum is not received Landlord within thirty (30) days of its
interest at the Default ate accruing from thirty (30) days aft
(h) Non-WaiiXer.
covenants or conditions oll
instances shall not be cons
condition, or option, but the s
any rent or any other sum
agreements contained herein
The failure of Landlord
Lease, or to exercise
ued as a waiver or relii
e shall be and remain
pable hereunder with
sh I not be deemed a 4
23. HOLDING OVER. Tena acknowled
this lease. If Tenant remains in po ession of
Lease, and without the execution of aew Leas(
as a tenant from month-to-month, subje t to all
insofar as they are applicable to a month o -mo
(a) Rent plus property taxes al b
advance by the 1 st day of the month.
Nothing in this paragraph should be read to ar
24. ACCESS BY LANDLORD.
no receive payment of any installment of
to andlord hereunder within ten (10) days
ived notice of the delinquency), Landlord
ount of such delinquent sum and if such
ue date, such sum shall, in addition, bear
the due date until the date paid.
to ' sist upon strict performance of any of the
m options herein conferred in any one or more
ishment for the future of any such covenant,
full force and effect. The receipt by Landlord of
knowledge of the breach of any covenants or
giver of such breach.
;Tenant is being granted terms below market rent for
e Premises after the expiration or termination of this
Tenant shall be deemed to be occupying the Premises
the conditions, provisions and obligations of this Lease
i tenancy, with the followingxcepiUns:
TMQ
payable in the amount of pF5 monpayable in
._
Tenant the right to hold
(a) Landlord or Landlord'sgents, r n
time upon at least twenty-four (24) ho rs oral not
notice, if any, as may be feasible and r the circums
for the purposes of inspecting the s me, determini
curing (as permitted herein) any defFt by Tenant.
C:)
entatives or employees shall i iwe the right at any
(except in emergencies, in wh*h case only such
ices shall be required) to enter upon the Premises
whether this Lease is being complied with, and
(b) Landlord or Lan ord's agents, repres ntatives, or employees shall have the right
whenever necessary and witho notice to enter upon t e Premises for the purpose of repairing or
maintaining any of Landlord's pr perty or accessing storag areas adjacent to or abutting the Premises.
In such circumstances Landlor will endeavor, but is not req ired, to provide reasonable advance notice
to Tenant.
25. NON-DISCRIMI CATION. Tenant covenants, in c sideration of the right to lease the
Premises, that Tenant, ' s employees, and agents shall no discriminate against any person in
employment or public ccommodation because of race, religio , color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, ma al status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, cla ifying, upgrading, or referring to
7
employment. "Public accommodation" shall include but not be limited to providing goods, services,
facilities, privileges and advantages to the public.
26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and
enforcement of this Lease.
27. NOTICES. Notices, statements and other communications to be given under the terms of the
Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by
commercial courier, return receipt requested, and addressed as follows:
If to Landlord: With Copies to: If to Tenant:
City Manager Iowa City Attorney Iowa City Area D elopgrit Group, Inc.
410 E. Washington 410 E. Washington St. 136 S. Dubuque
Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52��; —
The address d person for written communication ay be ctfa ed-uponit rj (10) days'
written notice to the other p rty..3
28. WAIVER OF SUB GATION. Landlord and Tena and all partes clai &g under or through
them hereby mutually release d discharge each other, any other tenants or occupants of the building
in which the Premises is locate , and the officers, employ s, agents, representatives, customers and
business visitors of Landlord or T ant or such other ten is or occupants, from all claims, losses and
liabilities arising from or caused b any hazard covered by insurance on or in connection with the
Premises or said building, even if ca sed by the fault/or negligence of a released parry. This release
shall apply only to the extent that such cVim, loss or liability is covered by insurance.
29. ENVIRONMENTAL MATTERSXPremi
twill comply with all environmental laws during the
term of the Lease, but shall bear no liabiliever and shall not assume any responsibility for any
environmental materials or Hazardous on the Premises other than if brought thereon by
Tenant, its sub -tenants, invitees or guelord agrees to indemnify, defend and hold Tenant
harmless from and against any and alamage, liability and expense (including reasonable
attorneys' fees) that Tenant may incusuit of any claim, demand or action related to
environmental conditions, Hazardous Mar ny other environmental laws and regulations not
directly resulting from Tenant's activities omi es.
30. HAZARDOUS /Reuthorization
IALS. he term "Haza ous Materials' as used herein shall include but
not be limited to asbestomabl explosives, dan erous substances, pollutants, contaminants,
hazardous wastes, toxic sues, nd any other chemi I, material or related substance exposure to
which is prohibited or reguby y governmental auth ity having jurisdiction over the Premises,
any substances defined ard us substances, hazard us materials or toxic substances int e
Comprehensive Environmsponse Compensation an\A4
Act of 1980, as amended, by
Superfund Amendments authorization Act 42 U.S.C.t seq.; the Hazardous Materials
Transportation Ad, 42 U§6901, et seq.; Clean Air U.S.C. §7901, et seq.; Toxic
Substances Control Act, .C. §2601, et seq.; Clean , 33 U.S.C. §1251, et seq.; the
laws, regulations or rulinthe state in which the Prelocated or any local ordinance
affecting the Premises; orgulations adopted in publicaulgated pursuant to any of such
laws and ordinances.
31. SEVERABI . The invalidity or unenforceability of aMf provision of this Lease, as
determined by a cou of competent jurisdiction, shall in no way affect t e validity of the remainder of
this Lease or any of r provision hereof.
32. ENTIRi AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be
attached hereto, set forth all of the covenants, promises, agreements, and conditions between
Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises,
agreements or conditions, either oral or written, between them. This Lease may not be modified or
amended in any manner except by an instrument in writing executed by the parties hereto.
33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall
bind, apply to and inure to the benefit of the parties hereto and their respective successors.
34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this
Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be
entitled to its reasonable attorney's fees, to be paid by the losing party, as fixed by the court.
35. HEADING. Headings as to the contents of particular sections herein are inserted only for
convenience, and are in no wayo be construed as a part of the Lea or as a limitation on the scope of
the particular section to which thgy refer. 7
36. COUNTERPARTS. Th Lease may be executed in counterparts, each of which shall be
deemed to be an original and all owhich shall, when taken toge er, constitute but one and the same
instrument.
37. TENANT'S RIGHT TO TERMINATE. Tenant may erminate this Lease at any time upon
giving not less than one hundred twe ty (120) days prior ritten notice to Landlord. Upon such
termination the Lease shall terminate as fully and complet y and with the same effect as if such
termination date were the date herein fixed r expiration of th Term.
IN WITNESS WHEREOF, the parties he�o have ex1cuted this Instrument to be effective as of
the day and year first above written.
Landlord:
CITY OF IOWA CITY
Tenant:
IOWA CIT)TAREA DEVELOPMENT GROUP, INC.,
Matthew J. Hayek, Mayor Mar Nolte, Presi nt
Attest:
City Clerk 'c
Appro
rillcn
City Attorney COO
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY ) ,
On this day of , 2015, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
N
respectively, of said municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk
as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
IOWA CITY AREA DEt(ELOPMENT GROUP, INC.
STATE OF IOWA ) \
) ss:
JOHNSON COUNTY )
On this day of
Public in and for the State of Iowa,
me duly sworn, did identify himsel
acknowledge the execution of the i
City Area Development Group, Inc.
Notary Public in and for the State of Iowa
,201
sally appeared Mark Nol
President of the Iowa c
nent to be his own volt'
Notarypublic in and for
10
before me, the undersigned, a Notary
to me personally known, who being by
Area Development Group, Inc., and
ry act and deed, and that of the Iowa
State of Iowa
;mac
77 11
SCID
�
r
r 12-15-15
� _ 1
CITY OF IOWA CITY
t
EMO NDUM
MENNENM
DATE: December 10, 2015
TO: Tom Markus, City Manager
FROM: Ron Knoche, Director of Public Works
RE: Iowa City Gateway
Accept Plans and Specifications, December 15
Introduction:
This project includes the elevation of Dubuque Street, the reconstruction of the Park Road
Bridge over the Iowa River and the expansion of Park Road from two to three lanes to Riverside
Drive. The project has been designed as a multi -modal corridor to include roadway, intersection
and utility improvements (water, storm and private), new sidewalk and trails, and a trunk
sanitary sewer. This project is included in the capital program.
History/Background:
The City contracted with HNTB Corporation of Kansas City, MO in November, 2010 for
consulting services for the Iowa City Gateway project. On December 19, 2013, the NEPA
process was completed with the signing of the Finding of No Significant Impact by the Federal
Highway Administration. Since then, staff and the design team have been working toward final
design plans and specifications. Staff and the design team attended City Council meetings in
September and October of 2013, in January, March, April and July of 2014 and again in March
of 2015. These meetings were held to discuss and determine many of the design parameters
and more specific design elements of the project. The discussions included topics such as:
• Pedestrian Crossing at Mayflower
• Bridge design
• Public Areas
• Design Speed
• Roadway Lane Width
• Sidewalk/Trail Location and Width
• Tree Survey and Preservation
The project is scheduled for a March 15, 2015 letting through the Iowa Department of
Transportation (DOT). Our final design plans and specifications must be submitted to the DOT
on December 22, 2015 per the DOT's Project Development Submittal Dates for the March
letting. Prior to this submittal, City Council approval of plans and specifications is required.
Additionally, the City's grant agreement deadline with the Economic Development Agency
(EDA) is April 9, 2016. Final funding closeout with the EDA typically takes 2-4 months and can
begin with the final plan submittal to the DOT.
With the authorization for property acquisition and final plats both received in July, 2015, the
City Attorney's office is working with Iowa Appraisal to receive final property appraisals for
Temporary Construction Easements, Permanent Drainage and Utility Easements as well as a
few right-of-way acquisitions. The DOT will proceed with letting the project once the acquisition
process has been completed.
Discussion of Construction Schedule:
The construction schedule and phasing of the project as shown in the final engineering plans
have been developed based on of a March 15, 2016 letting. In order to keep the majority of the
work within 2 construction seasons, this project is best served if construction begins in the
spring of 2016. The installation of the trunk sanitary sewer will be completed in 2016 in addition
to the construction of the retaining wall next to the river and elevation of the southbound lanes.
Another key portion of construction starting in 2016 is the completion of Park Road west of the
bridge to Riverside Drive prior to the scheduled September 8, 2016 Grand Opening and Ribbon
Cutting Ceremony at the new Hancher Auditorium. The second season of construction would
include the elevation of the northbound lanes, including the area in front of Mayflower during the
Summer of 2017 when CAMBUS service will be suspended to aid in construction phasing.
Throughout this time, the construction of the Park Road Bridge will be ongoing — it will be one of
the first items to begin construction and one of the last to be complete. During its construction,
traffic will continue to be maintained on the existing Park Road Bridge. With a Spring 2016 start
date, the bridge is expected to take 2 years for completion. Connection from the completed
Dubuque Street and Park Road to the bridge would occur in the Spring 2018 to wrap up the
project. Demolition of the existing bridge would begin as soon as the new bridge is being used.
Financial Impact:
The total estimated project cost for this project is $52,000,000. The roadway and utility
improvements are approximately $32M and the bridge is approximately $20M. The funding
sources are as follows: $6M in Surface Transportation Program (STP) Funds and $1.5M from
the Transportation, Housing and Urban Development Committee on Appropriations. This
funding will provide up to $7.5M toward construction costs. These amounts are in addition to
the $3M Economic Development Administration Grant that assisted with the costs associated
with final design and engineering. General Obligation Bonds and the Local Option Sales Tax
revenue will be used for local participation.
Recommendation:
Staff recommends approval of the plans, specifications and estimate.
Cc: Jason Havel, City Engineer
Melissa Clow, Special Projects Administrator
Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413
RESOLUTION NO. 15-395
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY GATEWAY
PROJECT [HDP -3715(652)--71-52], 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, this project will be bid by the Iowa Department of Transportation (DOT); and
WHEREAS, the DOT has named and identified this project as "PCC Pavement — Grade and Replace,
Dubuque Street from Foster Road to Church Street, and Park Road from Dubuque Street to Holt Avenue".
WHEREAS, bids will be accepted on March 15, 2016 at 10:00 a.m. by the DOT, Office of Contracts in Ames,
IA, or at a later date as determined by the DOT; and
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; and
WHEREAS, funds for this project are available in the Iowa City Gateway account # S3809.
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 form and amount prescribed in the bidding proposal..
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. Bids for the above-named project are to be received by the Iowa Department of Transportation
(DOT), Office of Contracts, 800 Lincoln Way, Ames, IA 50010, (515) 239-1414 before 10:00 a.m. on
the 15th day of March, 2016, or at a later date as determined by the DOT. Thereafter, the bids will
be opened and announced by the DOT, and thereupon referred to the City Council of the City of
Iowa City, Iowa, for action upon said bids at its next regular scheduled meeting after receipt of bids
by DOT.
Passed and approved this 15th day of December 120 15
Approved by
ATTEST:t.�
CI LERKCity orney's Office ' %� /�S�
pweng\masters\res appp&s.doc 12/15 [ 11
Resolution No. 15-395
]Page 2
It was moved by Payne and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
X
Payne
R
Throgmorton
Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-396
RESOLUTION APPROVING AMENDMENT NO. I TO AN AGREEMENT FOR
PRIVATE REDEVELOPMENT, INCLUDING THE TRANSFER OF LAND, BY AND
BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CHAUNCEY, L.L.C.
WHEREAS, on June 8, 2015, pursuant to Resolution No. 15-193 the City entered into a
Development Agreement (hereinafter "Agreement") with The Chauncey, LLC (hereinafter "The
Chauncey") for the sale of city property at the corner of College and Gilbert Streets and
development thereon of a mixed-use project consisting of a 15 -story mixed use building with
Class A office space, a hotel, a bowling alley, two movie theatres, residential condominiums, and
upgrades to the Chauncey Swan Park, together with related site improvements, all designed and
constructed to at least LEED Silver standards with a construction cost of approximately $49
million.
WHEREAS, the property to be redeveloped pursuant to the Agreement is the subject of two
pending lawsuits that have prevented The Chauncey from being able to proceed with
development and satisfy the numerous contingencies and deadlines contained within the
Agreement; and
WHEREAS, The Chauncey has asked the City for an extension of the deadlines, including the
dates for closing, start of construction and final completion, based upon final resolution of the
litigation, as set forth in the Amendment No. 1 to the Agreement for Private Redevelopment
attached hereto; and
WHEREAS, because the delays have not been caused by The Chauncey, city staff recommends
that the requested extensions be approved by Council; and
WHEREAS, on November 30, 2015, this Council did approve a resolution of intent to consider a
proposed amendment to this Development Agreement with the Chauncey, L.L.C., which
includes the transfer of land described therein, and setting a public hearing and providing for the
publication of notice thereof; and
WHEREAS, notice of the public hearing thereon was published in the Iowa City Press -Citizen,
and public hearing held on December 15, 2015 in accordance with said notice and in satisfaction
of Section 364.6 of the City Code of Iowa; and
WHEREAS, the Council has determined that the Amendment No. 1 to 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 Plan and the
Urban Renewal Law and, further, that the Amendment No. I to the Agreement and the City's
performance thereunder is in furtherance of appropriate economic development and blight
remediation activities and objectives of the City within the meaning of Chapters 15A and 403 of
the Iowa Code, taking into account the factors set forth therein.
WHEREAS, neither the Urban Renewal Law nor any other Code provision sets forth any
procedural action required to be taken before said proposed Amendment No. 1 is approved, and
pursuant to Section 364.6 of the City Code of Iowa, it is deemed sufficient if the action
hereinafter described be taken and the City Clerk publish notice of the proposal and of the time
and place of the meeting at which the Council proposes to take action thereon and to receive oral
and/or written objections from any resident or property owner of said City to such action.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IN THE STATE OF IOWA:
1. That the attached Amendment No. 1 to the Agreement for Private Redevelopment with
The Chauncey, LLC, which agreement includes the conveyance of Lot 5, the west 30' of
Lot 6, and the west 160' of the alley, all in Block 43, Original Town, Iowa City, Iowa, to
The Chauncey, L.L.C., is in the public interest of the residents of Iowa City and the
public purpose will be accomplished by the City's economic development construction
grant to the Project.
2. That said Amendment No. I is consistent with and authorized by the Urban Renewal
Plan, all applicable State and federal laws including, but not limited to, Iowa Code
Chapters 15A and 403 and the City's policies and practices,; and
3. That the Mayor is authorized and directed to execute the Amendment No. 1 and the City
Clerk is authorized and directed to attest the signature and to affix the seal of the City
Clerk.
Passed and approved this 15 thday of
Ap oved by
Xkyi
City Attorney's Office
December
, 20 15
MEMS&I.M0.12-
I
ATTEST:
CITY LERK
Resolution No. 15-396
Page 3
It was moved by Dickens and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
Botchwav the
ABSENT: ABSTAIN:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne x
Throgmorton x
FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
(this "First Amendment") is made as of December 15, 2015, ("First Amendment
Effective Date"), by and between THE CITY OF IOWA CITY, IOWA, a municipality
("City"), and THE CHAUNCEY, L.L.C., an Iowa limited liability company ("Redeveloper").
RECITALS
WHEREAS, City and Redeveloper are parties to that certain Agreement For Private
Redevelopment dated as of May 27, 2015 (the "Agreement") in connection with the sale to and
redevelopment by Redeveloper of the property generally located at the northeast corner of South
Gilbert Street and East College Street in Iowa City, Iowa, legally described on Exhibit A
attached hereto (the "Redevelopment Property"); and
WHEREAS, the parties desire and agree to amend the Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if
set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to
them in the Agreement.
2. Trigger Date Defined. A new Section 0.5 shall be added to Part I the Agreement,
which Section shall read as follows: "The parties agree that the phrase "the Trigger Date of this
Agreement", as used herein, shall be the date on which a final appellate decision is issued in
Iowa Appellate Case Number 15-1946 (captioned "Trinity Episcopal Church v. City Council of
Iowa City")."
3. Extension of Dates. The following time frames and/or dates set forth in the
Agreement are hereby extended as follows:
(a) Financing Contingency, Section 20) of Part I of the Agreement is
amended to read as follows (with additions indicated by underline, and deletions indicated by
stfilethfaugh):
The Redeveloper shall proceed with due diligence to obtain construction
financing commitments, which commitments shall be sufficient to enable
the Redeveloper to successfully complete the Minimum Improvements as
contemplated in this Agreement. Redeveloper will obtain all financing
commitments necessary for the construction of the Minimum
Improvements prior to the issuance of a foundation permit or the City's
issuance of bonds, whichever is earlier, but in no event later than one year
from the date Trigger Date of this Agreement, and provide a copy of such
commitments to the City by such date. This agreement is contingent upon
Redeveloper obtaining financing upon terms and conditions satisfactory to
Redeveloper and City, and shall be a condition precedent to the City's
conveyance of the Property to Redeveloper in accordance with Section 6
herein. In the event such financing is not obtained by Redeveloper within
one year from the date --Trigger Date of this Agreement, Redeveloper or the
City shall have the right to terminate this Agreement.
(b) Abstract of Title. The first two sentences of Section 3(d) of Part I of the
Agreement are amended to read as follows (with additions indicated by underline, and deletions
indicated by str-i ko+k^ugh):
The City, at its expense, shall provide an Abstract of Title on the subject
property continued through the date -Trigger Date of this Agreement, for
examination by the Redeveloper. The City shall deliver said Abstract to
Redeveloper within 30 calendar days of the date -Trigger Date of this
Agreement, after which the Redeveloper shall have 3V calendar days to
examine same and issue a preliminary title opinion.
(c) Time for Commencement and Completion of Minimum Improvements.
Section 4 of Part I of the Agreement is amended to read as follows (with additions indicated by
underline, and deletions indicated by str-ikethreugh):
The construction of the Project and Minimum Improvements shall
commence not later than one (1) year from the date -Trigger Date of this
Agreement, and shall be substantially completed on or before Deeembe
31�"the date which is three (3) years after the Trigger Date of this
Agreement (hereinafter referred to as "the Completion Date").
(d) Progress Reports and Time for Submission of Construction Plans. Section
5(a) of Part I of the Agreement is amended to read as follows (with additions indicated by
underline, and deletions indicated by stfiket4ough):
Redeveloper will keep the City informed regarding the status of the
project by responding to inquiries from representatives of the City and
furnishing progress reports as reasonably requested, but not less than
quarterly during construction. Redeveloper agrees to provide to the City
schematic design development drawings showing preliminary floor plans,
elevations and related information, particularly with regard to the bowling
alley and movie theatres, no later than 180 calendar days after the date
Trigger Date of this Agreement. No formal response will be required from
the City to these design development drawings. The City, however, will
alert Redeveloper to any known code violations or other design issues that
would impact the acceptance of the Construction Plans. The time within
which the Redeveloper shall submit its initial Construction Plans to the
City in any event, pursuant to Part II, Article III hereof, shall be not later
than 270 calendar days from the date -Trigger Date of this Agreement for
the site preparation and foundation plans; 365 calendar days from the date
Trigger Date of this Agreement for the structural and shell construction
plans; and 480 calendar days from the date -Trigger Date of this Agreement
for the finish construction plans. Within 30 calendar days of each
submittal, the City shall review and approve or reject and make
recommendations for corrections to said Construction Plans. The City's
review of said Construction Plans shall be based on the Urban Renewal
Plan, all applicable codes and any additional requirements imposed on the
Redeveloper under this Agreement.
(e) Time for Submission of Evidence of Financing Ability. Section 5(e) of
Part I of the Agreement is amended to read as follows (with additions indicated by underline, and
deletions indicated by str keflffetigh):
Prior to conveyance of the Property to Redeveloper or issuance of bonds,
whichever is earlier, but in no event later than one year from the date
Trigger Date of this Agreement, the Redeveloper shall submit to the City
evidence satisfactory to the City that the Redeveloper has the financial
ability and commitments for construction and mortgage financing
necessary for construction of the Minimum Improvements, as provided in
Sections 301 and 20) hereof.
(f) Time and Place for Closing and Delivery of Deed. Section 5(f) of Part I of
the Agreement is amended to read as follows (with additions indicated by underline, and
deletions indicated by strife):
If the conditions precedent to closing set forth in Section 6 have been
satisfied, the City shall deliver the Deed and possession of the
Development Property to the Redeveloper on or before one (1) year from
the date -Trigger Date of this Agreementis. ex-ee-��a, or on such other date
as the parties hereto may mutually agree in writing (the "Closing Date");
provided, however, that in the event the conditions precedent to closing
have not been satisfied, either the City or Redeveloper may terminate this
Agreement or waive or extend the time for satisfaction of such conditions
precedent. Conveyance of the Deed shall be made at the principal office of
the City on the Closing Date and the Redeveloper shall accept such
conveyance and pay to the City at such time and place the Purchase Price
in immediately available funds.
(g) Conditions Precedent to Conveyance of Property. Section 6(b) of Part I of
the Agreement is amended to read as follows (with additions indicated by underline, and
deletions indicated by strikes):
The Redeveloper shall have submitted to the City those Construction Plans
due within 270 calendar days from the date- Trigger Date of this
Agreement pursuant to Part 1, Section 5(a), and shall have been approved
by the City Part II, Article III of this Agreement. The Redeveloper shall
have submitted to the City a certification that the plans are in compliance
with the Urban Renewal Plan.
(h) Minimum Assessment Agreements.
i. The introductory paragraph of Section 7(c) of Part I of the
Agreement is amended to read as follows (with additions indicated by underline, and deletions
indicated by str-ilegh):
it will not cause a reduction in the taxable valuation upon which real
property taxes are paid with respect to the Project, which consists of a
multi -use structure generally consistent with the Minimum Improvements
and Uses shown on Exhibit D, below the amount of $16,345,771 after
taking into consideration any factors such as "roll -backs" which would
reduce the taxable value of the Property as of januafy 1, 2 4the first day
of January of the year in which the Completion Date falls, and below the
amount of $30,128,234 after taking into consideration any factors such as
"roll -backs" which would reduce the taxable value of the Property as of
J n, 1, 2049the first day of January of the year immediately following
the Completion Date ("Assessor's Minimum Actual Value") through:
ii. Paragraph 1 of Exhibit H attached to the Agreement (the Minimum
Assessment Agreement) is amended to read as follows (with additions indicated by underline,
and deletions indicated by strike gh):
As of T.,ruai= , 1, 2O the first day of January of the year in which the
Completion Date falls, a partial assessment shall be made fixing the
minimum actual taxable value for assessment purposes for the land and
Minimum Improvements to be constructed thereon by the Redeveloper at
not less than $16,345,771 after taking into consideration any factors such
as "roll backs" which would reduce the taxable value of the property
("Minimum Actual Value").
iii. Paragraph 2 of Exhibit H attached to the Agreement (the Minimum
Assessment Agreement) is amended to read as follows (with additions indicated by underline,
and deletions indicated by stfike"^ugh):
As of January ' ''n' °the first day of January of the year immediately
following the Completion Date, a full assessment shall be made fixing the
minimum actual taxable value for assessment purposes for the land and
Minimum Improvements to be constructed thereon by the Redeveloper at
not less than $30,128,234 after taking into consideration any factors such
as "roll backs" which would reduce the taxable value of the property
("Minimum Actual Value"). The parties hereto acknowledge and agree
that construction of the Minimum Improvements will be substantially
completed on or before Deeember 31, 2018the date which is three gars
after the Trigger Date of the Agreement for Private Redevelopment.
iv. Schedule Y, which is attached to Exhibit H of the Agreement (the
Minimum Assessment Agreement), is amended by adding the following paragraph immediately
following the payment table:
The payment dates set forth on this Schedule Y shall be adjusted according
to date on which construction of the Project is substantially completed. By
way of clarification, the beginning date for partial assessment (based on a
valuation of $16,345,771) shall be the first day of January of the year in
which construction of the Project is substantially completed, and the
beginning date for full assessment (based on a valuation of $30,128,234)
shall be the first day of January of the year immediately following
substantial completion of construction of the Project.
V. , _ The introductory portion of paragraph 1 of Exhibit I attached to the
Agreement (the Minimum The
Agreement for the Park@201 property) is amended to
read as follows (with additions indicated by underline, and deletions indicated by tfikegffeugh):
As of janaar-y 1, 2 othe first day of January of the year immediately
following substantial completion of construction of the Project, as set forth
in the Chauncey Agreement, a full assessment shall be made fixing the
minimum actual taxable value for assessment of Units 501, 502, 601, 701,
703 and 1302 at 201 East Washington Street, legally described as Units
501, 502, 601, 701, 703 and 1302 of Park@201 Condominium, Iowa City,
Iowa, according to the Declaration thereof recorded December 23, 2013 in
Book 519, Page 481, Records of the Recorder of Johnson County, Iowa,
together with said unit's interest in the common elements as defined by the
Declaration, at the following assessed values, after taking into
consideration any factors such as "roll backs" which would reduce the
taxable value of the property ("Minimum Actual Value"):
vi. Paragraph 1 of Exhibit J attached to the Agreement (the
Memorandum of Agreement for Private Redevelopment) is amended to read as follows (with
additions indicated by underline, and deletions indicated by str31ethr-eugh):
That the recording of this Memorandum of Agreement for Private
Redevelopment shall serve as notice to the public that the Agreement
contains provisions restricting Redevelopment and use of the
Redevelopment Property and the improvements located and operated on
such Redevelopment Property, and further subjects the Redevelopment
Property to a Minimum Assessment Agreement entered into under the
authority of Iowa Code Chapter 403, in which the City and the
Redeveloper (and any successors or assigns) agree that, as of
2918the first day of Januaa of the year in which construction of the
Project is substantially completed, a partial assessment shall be made
fixing the minimum actual value of the Redevelopment Property and all
improvements located thereof for calculation of real property taxes at not
less than $16,345,771 after taking into consideration any factors such as
"roll -backs" which would reduce the taxable value of the property, and
that, as of afmar-y 1, 24 °the first day of January of the year immediately
following substantial completion of construction of the Project, a full
assessment shall be made fixing the minimum actual value of the
Redevelopment Property and all improvements located thereof for
calculation of real property taxes at not less than $30,128,234 after taking
into consideration any factors such as "roll -backs" which would reduce the
taxable value of the property; and that certain condominium units located
within The Chauncey Development be dedicated to particular uses.
4. Extensions. None of the foregoing amendments to the dates set forth in the
Agreement shall be construed to limit or preclude any other extensions of such dates
contemplated or permitted pursuant to the terms of the Agreement.
5. Miscellaneous.
(a) Except as hereinabove modified and amended, the Agreement shall remain
in full force and effect in accordance with its terms and is hereby ratified and confirmed.
(b) This First Amendment supersedes any prior representations, offers,
negotiations or understandings between the parties with respect to the subject matter hereof.
(c) This First Amendment may be signed by the Parties in counterpart and
shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts
shall be deemed to be authentic and valid as an original of this First Amendment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALL Y LEFT BLANK;
SIGNATURE PAGES FOLLOW.]
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the First
Amendment Trigger Date set forth above.
A. By
r Aftomey's Offycs
Approved by:
STATE OF IOWA
CITY:
CITY OF IOWA CITY, IOWA, a municipality
By: h
Matthew J. Haye , dayor
ATTEST:
By: .
M -ah K. Karr, City Clerk
COUNTY OF JOHNSON )
On this /day of 2015, before me a Notary Public in and for said
County, 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 Municipal
Corporation, and that said instrument was signed and sealed on behalf of said Municipal
Corporation by authority and resolutions 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 the State of Iowa
KELLIE K. TUTTLE
o e,.
C�,mini:.::i.,nClnmber221819
i; Co miss n Expires
`10 ,
First Amendment to Agreement for Private Redevelopment — Signature Page
REDEVELOPER:
THE CHAUNCEY, L. , an Iowa limited
liability
Member
STATE OF IOWA
COUNTY OF JOHNSON
This instrument was acknowledged before me on this 011ay of Ptdy' '2015,
by Marc B. Moen, as Member of The Chauncey, L.L.C. n
pATF11CK J. FORD
` Commission F-Viremba s
March 31, 2016
Notary Public in
for the Sfate of Iowa
First Amendment to Agreement for Private Redevelopment — Signature Page
EXHIBIT A
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
Lots 5, 6, and the West 160' of the 20' wide alley, all in Block 43, Original Town, Iowa City,
Iowa.
12-19-15
13
.NOMMOW
Prepared by: Sara F.G. Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Resolution No.15-397
RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN
PROPERTY LOCATED ON BLOCK 102, ORIGINAL TOWN AND
WITHIN THE CITY -UNIVERSITY PROJECT I URBAN RENEWAL
AREA TO HSI, L.L.C.
WHEREAS, pursuant to Resolution No. 15-359, approved on November 10, 2015, the
City Council invited written proposals for the sale and redevelopment of certain property
legally described as The N 60' of Lot 1, Block 102, Original Town, Iowa City, Iowa,
except the N 37' of the E 55' of Lot 1, and expressed its intention to enter into a purchase
agreement with HSI, L.L.C. ("Developer") in the event it did not receive any competing
proposals; and
WHEREAS, further pursuant to Resolution No. 15-359, the City set a public hearing on
the matter and published notice thereof in the Iowa City Press -Citizen; and
WHEREAS, having received no competing proposals, City Council now finds that
acceptance of the Developer's purchase offer is in the public interest and consistent with
the purposes and objectives of the Iowa City -University Project I Urban Renewal Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City,
Iowa:
1. That the purchase price as offered by the Developer for the property described
above is equal to the amount of the fair value thereof for uses in accordance with
the Plan and is hereby approved.
2. That the attached Agreement for the purchase of certain real property is in the
public interest and in furtherance of the purposes and objectives of the City -
University Project I Urban Renewal Plan and is hereby approved.
3. That the Mayor is authorized and directed to execute the Agreement on behalf of
the City and the City Clerk is authorized and directed to attest to his signature and
to affix the seal of the City to the same.
4. The Mayor is authorized, and the City Clerk to attest, any and all documents
necessary to effectuate such conveyance in accordance with the Agreement upon
satisfaction of any and all contingencies and in a form approved by the City
Attorney.
PASSED AND APPROVED THIS 15th day of December, 2015.
Mayor /(
ATTEST: _ Approved by: � WG I k
Cit Clerk City Attorney's Office
Resolution No. 15-397
]Page 2
It was moved by Dickens and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
X Payne
X Throgmorton
PURCHASE AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND HSI, LLC
This Purchase Agreement by and between the City of Iowa City, hereinafter referred to as
"Seller" and HSI, L.L.C., an Iowa limited liability company, hereinafter referred to as "Buyer":
WITNESSETH:
WHEREAS, Seller and Hieronymus Square Associates, LLC. were the parties to that
certain Offer to Buy Real Estate and Acceptance dated July 23, 2013 for the sale and purchase,
respectively, of the property located between 301 S. Dubuque Street and the Court Street
Transportation Center known as Johnson County Tax Parcel #1010384014, (hereinafter the
"Property"); and
WHEREAS, Paragraph 5 of the Offer to Buy contained several contingencies which
were to be satisfied on or before the date one -hundred fifty (150) days after formal approval of
the Offer by the City Council for the Seller; and
WHEREAS, Buyer is the successor in interest to Hieronymus Square Associates, LLC
and the owner of the adjacent property; and
WHEREAS, Buyer intends to develop the Property as part of the site for the University
of Iowa Museum of Art or the site of a building accessory thereto; and
WHEREAS, as a result, there have been administrative delays as the Board of Regents
works with the Buyer to develop the plans for the redevelopment of the Property; and
WHEREAS, the expiration of the contingency deadline under the Offer was extended by
the parties on multiple occasions but the Seller has determined it is necessary to terminate the
prior agreement and enter into a new agreement providing for the reappraisal of the Property due
to the passage of time; and
WHEREAS, the parties agree that as result of the foregoing, it is in the interest of both
parties to enter into a new Purchase Agreement for the sale of the Property between the Seller
and the Buyer,
NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt
and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. REAL ESTATE DESCRIPTION. The Buyer hereby offers to buy and the Seller by
its acceptance agrees to sell certain real estate in Iowa City, Iowa, currently included within
Johnson County Tax Parcel No. 1010384014 and located between 301 S. Dubuque Street and the
Court Street Transportation Center and also including the real estate located between Burlington
Street and the Court Street Transportation Center, including all fixtures that integrally belong to,
are specifically adapted to or a part of the real property, whether attached or detached
(hereinafter the "Real Estate"). The exact legal description for the Real Estate will be taken from
-2 -
Buyer's survey obtained pursuant to Paragraph 7 herein. The Real Estate is being conveyed with
any easements and appurtenant servient estates, with a twenty (20) foot air rights easement over
the adjacent Ground Transportation Center as further described in Paragraph 5 below; and free
from liens or encumbrances, but subject to the following: a. any zoning and other ordinances; b.
any covenants of record; c. any easements of record for public utilities, roads and highways
designated the Real Estate; provided Buyers, on possession, are permitted to make the following
use of the Real Estate: commercial and residential development purposes.
2. PRICE. The purchase price for the Real Estate shall be equal to the fair market value
of the Property as determined by a current appraisal prepared by a certified appraiser familiar
with local commercial real estate plus $100,000 as contemplated by paragraph 5(A)(i) below.
The Seller shall make arrangements for the reappraisal of the Property as soon as reasonably
possible and the cost of the appraisal shall be paid by the Seller. The appraisal shall not include
the value of or be adjusted by the inclusion of the air rights to be conveyed by the Seller. Seller
shall provide a complete copy of the appraisal to the Buyer upon its completion.
In the event the Buyer disagrees with the value as established by Seller's appraisal, Buyer
shall have a period of thirty (30) days from its receipt of the Seller's appraisal to notify Seller of
its intention to obtain a second appraisal of the Real Estate by a certified appraiser familiar with
local commercial real estate. Buyer shall be solely responsible for the cost of said second
appraisal and shall provide a copy of said completed appraisal to Seller.. In the event Buyer
elects to obtain a second appraisal, the Purchase Price shall be the average of the appraised
values as determined by the Seller's appraiser and the Buyer's appraiser.
The purchase price shall be payable as follows: $5,000.00 to be paid as earnest money
upon acceptance of this offer, by Seller's City Manager, delivered to Seller at the time of the
release or waiver of all contingencies herein, and the balance payable in full at the time of
closing and transfer of possession. In the event the contingencies of this agreement, hereinafter
the "Agreement," are not satisfied or released, the earnest money shall be returned to Buyer.
3. REAL ESTATE TAXES. Seller shall pay the 2015-2016 real estate taxes and any
unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated
portion of the 2016-2017 real estate taxes, if any, assessed against the Real Estate. Buyer shall
pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be
based upon the most current assessed valuation, legislative rollback and applicable levy rate.
4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien
on the Real Estate as of the date of closing. All other special assessments shall be paid by Buyer.
5. CONTINGENCIES. This Agreement is contingent upon the satisfaction of the
following items:
X A. The execution of a mutually agreeable Developer's Agreement for the
redevelopment of the Real Estate, as well as the real estate adjacent to the Real Estate locally
known as the "Mod Pod" at the corner of Burlington Street and Dubuque Street. In addition to
other mutually agreeable terms, said Developer's Agreement shall include:
4098(47).3 2015-09-22 Purchase Agreement
-3-
(i) a mutually acceptable agreement for transfer of a twenty (20) foot air right
easement over the adjacent Court Street Transportation Center, permitting Buyer
to allow Buyer to construct the improvements up to and over the boundary of the
Real Estate in exchange for the sum of one hundred thousand dollars
($100,000.00); and
(ii) a mutually acceptable agreement for transfer at fair market value of any such
other easements as are necessary to provide utilities to the Real Estate to allow
Buyer to construct the improvements in connection with the development of the
Real Estate and the adjacent "Mod Pod" building; and
(iii) a mutually acceptable minimum assessment agreement that assures that all
property which is the subject of the Developer's Agreement will remain taxable
for the length of the Agreement.
X B. The approval by the Federal Transportation Authority (FTA) of the sale of
the Real Estate and the conveyance of the easements contemplated above.
Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense,
proceed diligently and in good faith to satisfy the conditions set forth above and to release such
conditions or to have them satisfied on or before December 1, 2016, (the "Contingency Date"). If
Buyer does not provide a written release of the above contingencies to Seller on or before the
Contingency Date, then either party may declare this Agreement null and void by giving written
notice to the other, in which event the Earnest Money payment shall be promptly returned.
6. SURVEY/SUBDIVISION PLAT. Buyer, at its sole expense, shall have the Real
Estate surveyed. The legal description from the survey shall become the description of the Real
Estate for purposes of conveyance hereunder. The survey description may be taken from a land
survey, auditor's parcel plat or subdivision plat. The parties shall cooperate in obtaining and
recording whatever survey or plat may be necessary to convey the Real Estate as provided
herein, which survey or plat shall be at Buyer's expense. If the survey shows any encroachments
on the Real Estate, such encroachments shall be treated as a title defect.
7. RIGHT OF ACCESS BEFORE CLOSING/INDEMNIFICATION. Prior to closing on
the purchase of the Real Estate, Buyer and its agents may have reasonable access to the Real
Estate for survey, soil tests, environmental investigation and other similar activities for the
purpose of satisfying the contingencies at paragraph 5 of this Agreement and other obligations of
Buyer under this Agreement. Buyer shall promptly repair and restore any damage caused by such
access. Buyer hereby agrees to indemnify and hold harmless Seller from any and all expenses,
claims, or losses arising from or in connection with any activities of Buyer, its officers, agents,
employees, or contractors on the Real Estate prior to the Closing Date, including without
limitation, any attorney's fees or court costs occasioned by such claims.
8. POSSESSION AND CLOSING. Subject to the Buyer's and Seller's timely
4096(47).3 2015-09-22 Purchase Agreement
-4 -
performance of all obligations herein, closing shall be held at a time mutually agreed upon by
Buyer and Seller but in any event within sixty (60) days of the satisfaction of all contingencies
and prior to February 1, 2017. On and after the Closing Date and upon payment of the Purchase
Price, Buyer shall be entitled to immediate possession of the Real Estate. This transaction shall
be considered closed upon the delivery of the title transfer documents to Buyer and Seller's
receipt of all funds then due at closing from Buyer under this Agreement.
9. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyer. Seller shall bear the
risk of loss or damage to the Real Estate prior to closing. In the event of substantial damage prior
to closing, the Agreement shall be null and void unless otherwise agreed in writing by the Buyer
and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be
restored to its present condition on or before the Closing Date or within 30 days after the
intended Closing Date, in which event the closing and transfer of possession shall be reasonably
delayed, up to 30 days, in order to allow completion of the repairs and restoration. Until the
Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer
may purchase additional insurance.
10. ENVIRONMENTAL MATTERS.
A. Seller warrants to the best of its knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground
storage tanks located on the Real Estate, the Real Estate does not contain levels of radon gas that
requires remediation under current governmental standards, and Seller has done nothing to
contaminate the Real Estate with hazardous wastes or substances. Seller warrants that the Real
Estate is not subject to any local, state, or federal judicial or administrative action, investigation
or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks. Seller shall also provide Buyer with a properly
executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous
wastes and underground storage tanks on the Real Estate. In March of 2001, in connection with
the construction of the Court Street Transportation Center, Seller had a Phase I Environmental
Assessment prepared for submission to the FTA. The property assessed included the Real Estate
and the Assessment resulted in a FONSI (Finding of No Significant Impact). Seller has provided
a copy of said Assessment to Buyer.
B. Buyer may at its expense, within ninety (90) days after the date of
acceptance, obtain a report from a qualified engineer or other person qualified to analyze the
existence or nature of any hazardous materials, substances, conditions or wastes located on the
Real Estate. In the event any hazardous materials, substances, conditions or wastes are
discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal
of such materials, substances, conditions or wastes or other resolution of the matter reasonably
satisfactory to Buyer. However, in the event Seller is required to expend any sum to remove any
hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this
transaction and refund to Buyer all earnest money paid and declare the Agreement null and void.
The expense of any inspection shall be paid by Buyer. The expense of any action necessary to
remove or otherwise make safe any hazardous material, substance, conditions or waste shall be
4098(47).3 2015-09-22 Purchase Agreement
-5 -
paid by Seller, subject to Seller's right to cancel this transaction as provided above
11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price
may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
12. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an
abstract of title to the Real Estate continued through the date of acceptance of this offer, and
deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity
with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The
abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers
shall pay the costs of any additional abstracting and title work due to any act or omission of
Sellers, including transfers by or the death of Sellers or their assignees.
13. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to
Buyer or its assignees, by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in Paragraph 1 above. Any general warranties of title shall
extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers
continuing up to time of delivery of the deed.
14. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyers, provided, however,
if there is loss or destruction of all or any part of the Real Estate from causes covered by the
insurance maintained by Sellers, Buyers agree to accept such damaged or destroyed Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and
Sellers shall not be required to repair or replace same.
15. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
16. REMEDIES OF THE PARTIES
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the
Iowa Code, and the earnest money shall be forfeited
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments
made returned to them.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as permitted by law.
17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
18. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender, according to the context.
4098(47).3 2015-09-22 Purchase Agreement
10
19. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly
or indirectly, for or on behalf of any person, group, entity or nation named by any Executive
Order or the United States Treasury Department as a terrorist, "Specially Designated National
and Blocked Person" or any other banned or blocked person, entity, nation or transaction
pursuant to any law, order, rule or regulation that is enforced or administered by the Office of
Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf
of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and
hold harmless the other party from and against any and all claims, damages, losses, risks,
liabilities and expenses (including attorney's fees and costs) arising from or related to my breach
of the foregoing certification.
20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents
and warrants to Buyer that the Property is not served by a private sewage disposal system, and
there are no known private sewage disposal systems on the property.
21. DISCLOSURES. Seller acknowledges that one or more of the members of the
Buyer is a licensed Real Estate Agent.
22. GENERAL PROVISIONS. In the performance of each part of this Agreement, time
shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of
such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and
bind the successors in interest of the parties. This Agreement shall survive the closing. This
Agreement contains the entire agreement of the parties and shall not be amended except by a
written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of
reference and shall not limit or affect the meaning of the Agreement. Words and phrases herein
shall be construed as in the singular or plural number, and as masculine, feminine or neuter
gender according to the context. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Iowa.
23. NOTICE. Any notice required under this Agreement shall be deemed perfected
when it is received in writing either by personal delivery or upon the date of the posting of said
notice by Certified Mail. Such notices to Seller shall be sent or delivered to City of Iowa City,
Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240. Such notices to Buyer shall
be sent or delivered to Hieronymus Square Associates, L.L.C., c/o Kevin Digmann, 711 S.
Gilbert St., Iowa City, Iowa 52240, with a copy to Kirsten H. Frey, 920 S. Dubuque St., P.O.
Box 2000, Iowa City, Iowa 52244-2000.
24. IOWA CITY COUNCIL APPROVAL. Seller's obligations under this Agreement
are contingent upon formal approval by the City Council for Iowa City, pursuant to Section
364.7 and Chapter 403 of the Code of Iowa. Seller shall seek said approval promptly after
acceptance of execution of this Agreement by the City Manager on behalf of the Seller. If this
Agreement is not approved by the City Council for Iowa City within sixty (60) days after
acceptance by the City Manager, this Agreement shall be null and void and all earnest money
shall be returned to the Buyer.
4098(47).3 2015-09-22 Purchase Agreement
bA
25. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City Manager or his
designee on behalf of the City on or before 5:00 P.M. on Tuesday, November 10, 2015, it shall
become null and void and all payments shall be repaid to the Buyers.
This Offer is presented to the City on this 10th day of November 2015.
BUYER
HSI, L.L.C.
U/ ---
BY: ichael. H ge, Manager
This Offer is accepted this (% day of Nd✓ZM 4cy 2015.
SELLER
CITY OF IOWA CITY, IOWA
4098(47).3 2015-09-22 Purchase Agreement