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HomeMy WebLinkAbout2021-01-19 ResolutionItem Number: 6.b. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 Resolution authorizing the acquisition of property interests necessary for construction of the Orchard Street Reconstruction Project. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be via the Orchard Street Reconstruction Project account #S3954 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Exhibit A - Location Map Executive Summary: Preliminary design for the Orchard Street Reconstruction Project has been completed, and the proposed improvements require the acquisition of permanent right-of-way (ROW), permanent utility easement, and temporary construction easements within the project corridor. Permanent ROW will be acquired at the Orchard Street intersection with US Highway 1 to allow for the installation of new sidewalk and an ADA curb ramp. Temporary construction easements will also be needed for additional sidewalk infill along the east side of Orchard Street, and for installation of updated ADA curb ramps at the Douglass Street and Benton Street intersections with Orchard Street. One permanent utility easement will be necessary at 222 Douglass Court for future maintenance of the water main that is to be installed with this project. Background /Analysis: Orchard Street has deteriorated beyond the point of rehabilitation, and full reconstruction is necessary between Benton Street and US Highway 1. The Orchard Street Reconstruction Project generally includes the following: 1. Full street reconstruction from Benton Street to US Highway 1. 2. Sidewalk infill along the east side of Orchard Street. 3. Storm sewer improvements. 4. Water main replacement from Douglass Street to US Highway 1. 5. Sanitary sewer main and manhole replacements from Benton Street to Douglass Street. ATTACHMENTS: Description Resolution Exhibit A - Location Map 62b Prepared by: Mani VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, 319-356-5044 Resolution No. 21-8 Resolution authorizing the acquisition of property interests necessary for construction of the Orchard Street Reconstruction Project. Whereas, the City of Iowa City desires to construct the Orchard Street Reconstruction Project ("Project") which includes full street reconstruction of Orchard Street from Benton Street to US Highway 1, sidewalk infill along the east side of Orchard Street, storm sewer improvements, water main replacements from Douglass Street to US Highway 1, and sanitary sewer main and manhole replacements from Benton Street to Douglass Street; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Orchard Street Reconstruction Project account # S3954. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Orchard Street Reconstruction Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Council hereby approves the site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 21-8 Page 2 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 19th day of January , 2021 Attest: 0 Cit Attorney's Office (Sara Greenwood Hektoen — 01/12/21) It was moved by Thomas and seconded by Taylor adopted, and upon roll call there were: Ayes: x x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be EXHIBIT A y es ` t'� 4 _ •/ 'r Mia, END PROJECT STA = 22+15.29 NAM f► F. • ►� ( o. UV lc al 1 N U) "+ t PROJECT LOCATION ...P. BEGIN PROJECT j' STA = 11+43.92 HWY1W LOCATION MAP Item Number: 6.c. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 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 Shive-Hattery, Inc, of Iowa City, Iowa to provide engineering services for the North Westminster Storm Sewer Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $163,400 available in the North Westminster Storm Sewer Upgrades account #M3633 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Agreement Executive Summary: This agenda item authorizes an agreement to provide engineering services for the North Westminster Storm Sewer Upgrades Project. Background /Analysis: The North Westminster drainage area was studied in response to reported flash flooding near the intersection of North Westminster Street and Washington Street. The study confirmed that sections of the storm sewer system are inadequate to convey runoff for the City's current 5 -year design storm criteria. Surface flooding at these two locations can be deep enough to cover the width of the roadway, overtop the curb and flow on to adjacent properties, creating a potential for property damage and a public safety concern for vehicles. The Project involves the following: 1. Replace the Westminster Street existing 36" storm sewer with new 48" storm sewer from Washington Street to north of Bowling Green Place. 2. Replace the Washington Street existing storm sewer system with new larger pipe and add new storm intakes, west of Westminster. 3. Add new storm curb intakes along Westminster between Bowling Green Place and Hastings Avenue. 4. Replacement of Westminster pavement graded such to provide an appropriate overflow route during large storm events. 5. Replace street, sidewalk and driveway pavement associated with new storm sewer and Westminster overflow route. 6. Provide Americans with Disabilities Act (ADA) compliant sidewalks and curb ramps within the project limits. 7. Improvements to the water system at the intersection of Westminster/Washington and Westminster/Bowling Green by providing hydrant assemblies within 25 -feet of the intersections per current standards, with appropriate valving to allow for the hydrants to be used in multiple directions as a flush point. 8. Relocate and/or adjust sanitary sewer system components and other utilities within the project limits as needed to accommodate the new storm sewer system improvements. ATTACHMENTS: Description Location Map Resolution Agreement 1 A HI GTON ST. PIPE ND INTAKE UPGRADES ILI 0.ort it n411.. •6110,1 06, r - N W CURB INT 10 A INEW 114 tUt TWESTMINSTER ST. TRUNK SEWER UPGRADE NEWCURB INTAKES o El INTAKES. I A JL we -1 NEW MAN -OL NEW MANHOLE UPSIZE 36TO 48' 2,3 ,faarmii 7'7/PI *11 '11/144s 1 11/9.41iIiii 01:4 —ME 1 • 1' 4 UPSIZE 36* T0481 NEW CURB INTAKE REGRADE WESTMINSTER ST. OD • I 4 36 . ---1..$ Ill 1111 ‘ * f tkJ NEW CURB INTAKE 00 NEW MANHOLES1 Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 Resolution No. 21-9 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 Shive-Hattery, Inc, of Iowa City, Iowa to provide engineering services for the North Westminster Storm Sewer Improvements Project Whereas, the City desires the services of a qualified firm to provide engineering services for the North Westminster Storm Sewer Improvements Project, hereinafter referred to as the Project; and Whereas, the Project involves replacing and upsizing the storm sewer infrastructure at the intersection North Westminster Street and Washington Street and surrounding areas; and Whereas the City issued a Request for Qualifications (RFQL) for On -Call Professional and Design Services for calander years 2020 through 2022; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule and price; and Whereas, funds are available in the North Westminster Storm Sewer Upgrades account #M3633. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 19th day of January Attest: , 2021 -e-r- oved by Cit Clerk City Attorney's Office (Sara Greenwood Hektoen - 01/13/21) Resolution No. 21-9 Page 2 It was moved by Thomas adopted, and upon roll call there were: and seconded by Taylor Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Resolution be Consultant Agreement This Agreement, made and entered into this 19th day of January 2021 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires the services of a qualified firm to provide Engineering Services for the North Westminster Storm Sewer Improvements Project, hereinafter referred to as the Project; and Whereas, the Project involves improvements to the North Westminster storm drainage system generally as recommended in the 2017 North Westminster Drainage area Study; and Whereas the City issued a Request for Qualifications (RFQL) for On -Call Professional and Design Services for calendar years 2020 through 2022; and Whereas, Submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule, and price; and Whereas, funds are available in the North Westminster Storm Sewer Upgrades fund #M3633. 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. Project Description A. The Project involves the following: 1. Replace the Westminster Street existing 36" storm sewer with new 48" storm sewer from Washington Street to north of Bowling Green Place. 2. Replace the Washington Street existing storm sewer system with new larger pipe and add new storm intakes, west of Westminster. 3. Add new storm curb intakes along Westminster between Bowling Green Place and Hastings Avenue. 4. Replacement of Westminster pavement graded such to provide an appropriate overflow route during Targe storm events. 5. Replace street, sidewalk and driveway pavement associated with new storm sewer and Westminster overflow route. 6. Provide American Disabilities Act compliant sidewalks and curb ramps within the project limits. 7. Improvements to the water system at the intersection of Westminster/Washington and Westminster/Bowling Green by providing hydrant assemblies within 25 -feet of the intersections per standards with Page 1 of 12 appropriate valving to allow for the hydrants to be used in multiple directions as a flush point. 8. Relocate and/or adjust sanitary sewer system components and other utilities within the project limits as needed to accommodate the new storm sewer system improvements. I1. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Preliminary Evaluation 1. Facilitate a project kickoff meeting including members of the project team to review previous studies, the project scope, goals, and administrative details of the project. Record and distribute meeting minutes. B. Design Phase 1. Facilitate design review meetings at each submittal milestone (30%, 60%, 90%). Record and distribute meeting minutes. 2. Provide topographic and boundary survey for the project limits. 3. Identify and coordinate utility potholing for potential conflict areas. Provide pothole locations and survey exposed pipes. 4. Coordinate utility relocations with affected utility companies and provide construction staking of proposed Project features to preempt construction conflicts. 5. Provide geotechnical study and recommendations. Four 10 -foot borings and pavement section recommendations shall be provided. 6. Prepare and provide presentations for neighborhood meetings. Two meetings are anticipated. 7. Meet on-site with individual or small groups of property owners. Three meetings are anticipated. 8. Provide easement exhibits and legal descriptions. 9. Provide 30% complete plans, specifications, cost opinion and schedule. 10. Provide 60% complete plans, specifications, cost opinion and schedule. 11. Provide 90% complete plans, specifications, cost opinion, schedule, draft stormwater pollution prevention plan (SWPPP), and draft permit applications. 12. Provide Bidding Documents, final cost opinion, schedule, SWPPP, and permit applications. C. Bidding and Negotiation Phase Page 2 of 12 1. Organize and conduct a pre-bid conference; prepare agenda; record and distribute meeting minutes for prospective bidders. 2. Prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of Addenda. 3. Assist with the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the City. 4. Review bids and make a formal award recommendation to the City. D. Construction Phase 1. Update Bidding Documents with Addenda, if any, and issue Construction Documents. 2. Consultant shall acquire license and use Info Tech, Inc. construction administration software, Doc Express, throughout the project. 2. Organize, create an agenda, and conduct a preconstruction conference. Prepare and distribute meeting minutes. 3. Organize and conduct regular progress meetings. Prepare and distribute meeting minutes; an average of one site meeting every other week of construction for the duration of the project. 4. Conduct regular site visits, a minimum of every 10 business days, or at intervals appropriate to the stage of the Contractor's operations, in order to: a. Become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed. b. Determine in general if the Work is being performed in a manner indicating that the Work, when fully completed will be in general accordance with the Contract Documents. 5. Keep the City reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the City: a. Known deviations from the Contract Documents. b. Known deviations from the most recent construction schedule submitted by the Contractor. 6. Review Contractor submittals to check for conformity with the Contract Documents. 7 Review and respond to requests for information about the Contract Documents. 8. Prepare written orders, for City to issue, that may become necessary to change the scope of the work. Page 3 of 12 9. Review Change Order scope and pricing. Assist with negations that may become necessary. 10. Conduct a post construction review of the Work and issue punch list of deficiencies and items to be completed. 11. Conduct a final review of the work after the contractor has notified Consultant that they have completed the punch list. 12. Re-establish existing monuments and property pins, found at the time of topographic survey, after completion of the work. E. Project Close Out 1. Provide a formal letter indicating that the Work has been completed according to the Contract Documents and recommend that the City accept the Project. 2. Consultant shall prepare and provide Plans of Record, based on changes to the Contract Documents and Contractor mark-ups, in electronic format as follows: a. One complete set of as-constructed Plans of Record shall be provided in portable document format (pdf). b. CAD files shall be in the most recent version of Autodesk AutoCAD. If the files(s) have been translated from another CAD application it should be noted as such. c. Each plan sheet should be complete and ready to print. d. Plot style files shall be included. e. If applicable, include all file types used in the plan set; these may include, but not be limited to, linked attachments such as images, spreadsheets, and external reference drawings. Do not include any project data files or other documents not contained within the plan set. If necessary, include a "Readme" document or any clarification that may be required. f. All drawing files that have externally referenced drawings shall be inserted or bound into the drawing file. g. All submittals shall include an explanation of the Consultant's CAD layer scheme. h. All drawing files shall have the correct layer scheme in place. F. Services Not Included: The following are additional services are not included in this proposal but can be added if requested: 1. Utility potholing 2. Utility video inspection 3. Environmental services 4. Stormwater modeling Page 4 of 12 5. Streetlight design 6. Schedule and coordinate public and/or property meetings 7. Easement agreements and acquisition services 8. Distribution of Bidding Documents 9. Full-time construction inspection services 10. Stormwater Pollution Prevention Plan (SWPPP) inspections 11. Construction staking 12. Materials testing 13. Post construction topographic survey 14. Establish monuments and property pins, not found at the time of topographic survey, after completion of the work. III. Time of Completion A. The Consultant shall complete the following phases of the Project in accordance with the schedule shown: Preliminary Evaluation February 2021 30% Design April 2021 60% Development May 2021 90% Development June 2021 Bidding Documents July 2021 Bidding and Negotiation February -March 2022 Construction Phase April —September 2022 Project Close Out October 2022 IV. Compensation for Services A. Consultant shall be compensated for performing the Scope of Services on an hourly basis in accordance with the Standard Hourly Fee Schedule, attached hereto and incorporated herein by this reference, not to exceed One Hundred Sixty Three Thousand Four Hundred Dollars ($163,400) as estimated below: Page 5 of 12 Preliminary Evaluation $4,000 30% Design $31,500 60% Development $21,000 90% Development $25,900 Bidding Documents $20,000 Bidding and Negotiation $5,000 Construction Phase $50,000 Project Close Out $4,000 Subtotal $161,400 B. Reimbursables $2,000 Total Not -to -Exceed Amount for Services $163,400 V. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender 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 "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no 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 Page 6 of 12 request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional 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 acknowledges 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. Indemnification To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, Page 7 of 12 suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P Insurance 1. 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 in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care Page 8 of 12 The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of 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 By: Title: Date: Attest: For the Consultant By: re/4;n P.- Mayor Title: Project Manager January 19, 2021 Date: Page 9 of 12 January 11, 2021 Approv d by: ..., 4 ) t City Attorney's Office — i --/e i,i fT Date Page 10 of 12 STANDARD HOURLY FEE SCHEDULE Effective January 1, 2021 to December 31, 2021 PROFESSIONAL STAFF: Grade 1 $ 93.00 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Grade 9 ADMIN STAFF: $ 112.00 $ 126.00 $ 140.00 $ 155.00 $ 168.00 $ 182.00 $ 201.00 $ 216.00 $ 64.00 SURVEY STAFF: One Person Two Person One Person with ATV Two Person with ATV Drone Surveyor (Video or Photogrammetry) Drone Surveyor (Thermography) Hydrographic Survey Crew (Two Person) Scanning Surveyor Surveyor with Two Scanners REIMBURSABLE EXPENSES: TECHNICAL STAFF: Grade 1 $ 65.00 Grade 2 $ 80.00 Grade 3 $ 91.00 Grade 4 $ 98.00 Grade 5 $ 111.00 Grade 6 $ 126.00 Grade 7 $ 141.00 $ 139.00 $ 214.00 $ 166.00 $ 241.00 $ 165.00 $ 330.00 $ 282.00 $ 180.00 $ 258.00 TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.58/ Mile Prints/Plots: Mileage- Survey Trucks $0.68/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photo -gloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Computer Services Cost + 10% Aerial Photogrammetry Cost + 10% Professional Services Cost + 10% Prints/Plots/Photos Cost + 10% Deliveries Cost + 10% Color Prints: Letter Size Page 11 of 12 $ 1.00 Legal Size $ 2.00 STANDARD HOURLY FEE SCHEDULE Effective January 1, 2022 to December 31, 2022 PROFESSIONAL STAFF: Grade 1 $ 96.00 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Grade 9 ADMIN STAFF: $ 115.00 $ 130.00 $ 144.00 $ 160.00 $ 173.00 $ 187.00 $ 207.00 $ 222.00 $ 66.00 SURVEY STAFF: One Person Two Person One Person with ATV Two Person with ATV Drone Surveyor (Video or Photogrammetry) Drone Surveyor (Thermography) Hydrographic Survey Crew (Two Person) Scanning Surveyor Surveyor with Two Scanners REIMBURSABLE EXPENSES: TECHNICAL STAFF: Grade 1 $ 67.00 Grade 2 $ 82.00 Grade 3 $ 94.00 Grade 4 $ 101.00 Grade 5 $ 114.00 Grade 6 $ 130.00 Grade 7 $ 145.00 $ 143.00 $ 220.00 $ 171.00 $ 248.00 $ 170.00 $ 340.00 $ 291.00 $ 185.00 $ 266.00 TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.60/ Mile Prints/Plots: Mileage- Survey Trucks $0.70/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photo -gloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Computer Services Cost + 10% Aerial Photogrammetry Cost + 10% Professional Services Cost + 10% Prints/Plots/Photos Cost + 10% Deliveries Cost + 10% Color Prints: Letter Size Legal Size Page 12 of 12 $ 1.00 $ 2.00 Item Number: 6.d. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 Resolution approving a 28E Agreement between the City of Iowa City and Johnson County regarding improvements to American Legion Road — Scott Boulevard to Taft Avenue. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution 28E Agreement Executive Summary: This resolution authorizes the execution of a Chapter 28E agreement with Johnson County regarding proposed improvements to American Legion Road. This agreement obtains permission from the County to improve those portions of American Legion road outside of the Iowa City corporate limits at no expense to the County. It also establishes road and sidewalk maintenance responsibilities upon the completion of the project. Background /Analysis: American Legion Road is currently a rural roadway (one -lane in either direction) with ditches. To support projected growth within the southeast quadrant of the City, the roadway and associated infrastructure needs upgrading to current minor arterial design standards. The project generally includes reconstructing American Legion Road (Scott Boulevard to Taft Avenue) from a rural to an urban roadway with sidewalks. The project also includes on street bike lanes, construction of a single lane roundabout at the American Legion Road and Scott Boulevard Intersection, a pedestrian underpass near the new Hoover School and new public utilities (storm sewer and water main). ATTACHMENTS: Description Resolution 28E Agreement Iowa Secretary cif State 321 East 12th Street Des Moines, IA 50319 sos. iowa.gov 28E Agreement Full Legal Name Organization Type County Party 1 City of Iowa City City Johnson Party2 Johnson County County Johnson Participants 350 - Street and Road Systems Service Type Improvements to American Legion Road - Scott Blvd to Taft Avenue (Res 21-10) Purpose Indefinite Duration 21-10.pdf Upload Scanned Agreement FILED Filing Date: 03/02/2021 09:58 AM Filing Number: M513440 Contact Person: (Optional) Kellie Contact First Name Fruehling Contact Last Name City Clerk Job Title City Clerk Depart kellie-fruehling@iowa-city.org Email Address 1 319-356-5041 Phone Prepared by: Scott Sovers, Asst. City Engineer, Engineering Division, 410 E. Washington SI, Iowa City, IA 52240, (319) 358-5142 Resolution No. 21-10 Resolution approving a 28E Agreement between the City of Iowa City and Johnson County regarding improvements to American Legion Road — Scott Boulevard to Taft Avenue. Whereas, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2021); and Whereas, the City and the County recognize that the portion of American Legion Road located in Section 18 -79N -5W of Johnson County, Iowa presently sits in part on County right-of-way, and in part on City right-of-way; and Whereas, American Legion Road is within a projected growth area of the City, and serves as a minor arterial street within the City's street system; and Whereas, the City wishes to improve the roadway from a rural to an urban cross-section with sidewalks on both the north and south sides; and Whereas, the County has no objection to said improvements; and Whereas, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to American Legion Road, at no expense to the County; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor and City Clerk are hereby authorized to execute in duplicate the Chapter 213E Agreement with Iowa City and Johnson County attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of State as provided in Iowa Code section 28E.8 (2017). Passed and approved this 19th Attest: day of January , 2021 Ci Clerk /f. City rr r ey's Office (Sara Greenwood Hektoen - 01113121) Resolution No. 21--10 Page No. 2 It was moved by Thomas and seconded by Taylor adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Prepared by: Scott Savers, Asst. Gily Engineer, 410 E. Waehington, Iowa Clly, Iowa 62240, 310.366.6142 28E Project Agreement Between Johnson County, Iowa and the City of Iowa City, Iowa for Improvements to a Portion of American Legion Road Whereas, both the City of Iowa City (rtthe City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2021); and Whereas, the City and the County recognize that the portion of American Legion Road located in Section 18 -79N -5W of Johnson County, Iowa presently sits In part on County right-of-way, and in part on City right-of-way; and Whereas, American Legion Road Is within a projected growth area of the City, and serves as a minor arterial street within the City's street system; and Whereas, The City wishes to improve the roadway from a rural to an urban cross-section with sidewalks on both the north and south sides; and Whereas, The County has no objection to said improvements; and Whereas, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to American Legion Road, at no expense to the County; IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2021) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: 1. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement Is for the County to grant, and the County does hereby grant, formal permission to the City to Improve those portions of American Legion Road Tying within County right-of-way from east right-of-way line of Eastbrook Street east to its Intersection with the centerline of Taft Avenue, A graphic depiction of the project as presently conceived is set forth as Exhibit A and incorporated herein by this reference. The Improvements shall consist of installations associated with urban design standards. These installations may include but are not limited to pco or hma paving, storm sewer and sidewalk. The City shall apply for a permit to perform work within County right-of-way and submit customary construction plans and supporting Information, and approval of said permit shall not be unreasonably withheld. 2. NO SEPARATE LEGAL ENTITY: No separate legal entity Is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein. The City Manager of Iowa City shall administer the City's duties and responsibilities herein. 3. CONSIDERATION: The mutual consideration herein Is the City's undertaking the improvements to American Legion Road and the County's authorization to conduct such work and related activity within those portions of right-of-way over which the County exercises jurisdiction. The protect costs, in their entirety, will be borne by the City. The County will pay nothing toward the costs of these Improvements. 4. RESPONSIBILITY POR WORK: The City shall be responsible for obtaining any and all additional right-of-way and easements needed for this improvement project. The City shall have sole and exclusive responslbllity for the design, construction work, and all other aspects of the improvement project. Once commenced, the City shalt ensure that the contemplated Improvements are diligently performed and completed, so that full -width, unencumbered vehicular travel via American Legion Road Is restored as soon as practicable, time being of the essence. In the event the City requires or otherwise receives performance bonds from the contractor(s) for the project securing timely and satisfactory performance, the County will be added as an additional obligee under such bond(s). 5. MAINTENANCE: Maintenance of the subject portion of American Legion Road, once the Improvements are completed, shall continue to be dealt with as set out In the Road Maintenance Agreement previously entered Into by the City and the County and as hereinafter amended. Sidewalks Installed within the scope of this project in the County will be cleared and maintained by the City. 6. FINANCING: The City shall bear all costs associated with this project. 7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2021), 8. DURATION: This agreement shall continue in force until final acceptance of the work by the City, Thereafter, the City shall continue to clear and maintain sidewalk, if any, installed within the scope of this project in the County until such time as it Is annexed into the City. 9. NO THIRD -PARTY BENEFICIARIES/INDEMNIFICATION: Nothing herein Is intended to alter the City's and/or County's ultimate responsibility for their own right-of-way, including liability for or Immunity from third -party claims. Nor is thls 28E Agreement intended to create any third - party benefits. However, the City shalt ensure that all contracts with construction or other service providers for this project where insurance is maintained to protect the City shall also name the County as an additional Insured and that the County shall be included as an additional indemnified party in the same manner and extent as the City may so be. In addition, If and only to the extent permitted by Iowa law (including the Iowa Municipal Tort Claims Act, Iowa Code Chapter 670), and without either party waiving any Immunities or other protections that each may enjoy under Chapter 670 of the Iowa Code, the City shall indemnify and hold the County harmless from any claims, losses, and/or damages (and associated costs such as reasonable attorney fees) actually incurred by the County which arise during and from construction of this Improvement project. 10. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement shall be In accordance with Chapter 28E of the Code of Iowa (2021) and statutes respecting the rights and responsibilities of the political subdivisions, 11. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the 2 Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This agreement was approved by official action of the Johnson County Board of Supervisors In official session on the 2 / Si- day of _la k w et vM , 2021. n1 Pat Heiden, Chairperson Johnson County Board of Supervisors County Auditor/Designee CITY OF IOWA CITY This agreement was approved by official action of the City Council of Iowa City in official session on the 19th day of January , 2021. ATTEST: City ler kiDes! gnee B tf? a Teague, Mayor City of Iowa City American Legion Road Reconstruction - Scott Boulevard to Taft Avenue Proposed Arrrerioan Legion Road eoonstruction - Scott Boulevard to Taft Avenue Proposed Grace -Separated Siderwalk Crossirg Item Number: 6.e. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 Resolution accepting the work for the 2019-2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: Construction of the 2019-2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project has been completed by Insituform Technologies USA, LLC of Chesterfield, Missouri, in substantial accordance with the Project Manual developed byAECOM Technical Services of Des Moines, Iowa. The Engineer's Report and Performance, Payment, and Maintenance Bonds are on file with the City Clerk. • Project Estimated Cost: • Project Bid Received: • Project Actual Cost: $420,000.00 $267,781.00 $255,770.50 One change order occurred on this project and included adjustment of quantities for actual conditions encountered in the field and the change of diameter of some of the intended pipe to be lined. Background /Analysis: This project included lining 9,985 linear feet of sanitary sewer pipe, reinstatement of 241 service connections, and other associated work for locations near the following: 1400s Buresh Avenue; 1500s to 1600s West Benton Street; 1400s to 1600s of Derwen Drive; Arbury Drive; 6 to 48 Denbigh Drive; Penfro Drive; 1945 and 1950 Delwood Drive; 1700s to 1900s of Flatiron, Gleason, and California Avenues; Grant Wood Drive; Grant Wood Street; Aniston Street; Amber Lane; Regal Lane; and 1900s — 2300s of Lakeside Drive. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT January 7, 2021 City Clerk Iowa City, Iowa � r "i-14141A011110:49r1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: 2019-2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project Dear City Clerk: hereby certify that the 2019-2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project has been completed by Insituform Technologies USA, LLC of Chesterfield, Missouri, in substantial accordance with the Project Manual developed by AECOM Technical Services of Des Moines, Iowa. The project was bid as a unit price contract and the final contract price is $255,770.50. There was one (1) change or extra work order for the project as described below: 1.) Adjustment of quantities for actual conditions $12,010.50 encountered in the field and change of diameter of some of the intended pipe to be lined I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, f Jason Havel City Engineer Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144 Resolution No. 21-11 Resolution accepting the work for the 2019-2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project Whereas, the Engineering Division has recommended that the work for construction of the 2019- 2020 Annual Sanitary Sewer Pipe Rehabilitation Construction Project, as included in a contract between the City of Iowa City and Insituform Technologies USA, LLC of Chesterfield, Missouri, dated September 16, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account Number V3101; and Whereas, the final contract price is $255,770.50. 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 19th day of January , 2021 C Attest: City Clerk May It was moved by Thomas adopted, and upon roll call there were: Ayes: x x x x x x x App CAL City Attorney's Office (Sue Dulek - 01/12/21) and seconded by Taylor Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 7.a. CITY OE IOWA CITY www.icgov.org January 19, 2021 Motion setting a public hearing for February 2, 2021 on an appeal to the City Council of the decision of the Historic Preservation Commission denying a Certificate of Appropriateness to replace the original siding at 1133 E. Court Street in the Longfellow Historic District. ATTACHMENTS: Description City Attorney Memo to Council Memo to Council with Attachments Appeal Request City of Iowa City MEMORANDUM TO: City Council FROM: Eleanor M. Dilkes, City Attorney DATE: January 14, 2021 RE: Appeal from Historic Preservation Commission's Denial of a Certificate of Appropriateness to replace or cover the original siding at 1133 E. Court Street in the Longfellow Historic District (Feb. 2, 2021 Council meeting) The purpose of this memorandum is to set forth the rules that govern your consideration of the above -referenced appeal. In deciding the appeal, you must first determine: 1. Whether the Commission exercised its powers and followed the guidelines established by the Historic Preservation provisions of the City Code? Section 14 -3B - 3C (1) of the City Code sets forth the approval criteria: C. Approval Criteria: Applications for historic review will be reviewed for compliance with the following guidelines and standards, which are published in the "Iowa City Historic Preservation Handbook", as amended: 1. Historic Districts And Landmarks: For properties located within a historic district or designated a historic landmark: a. "Secretary Of Interior's Standards For Rehabilitation", 1990 edition or subsequent revision thereof. b. "Iowa City Guidelines For Historic Preservation". c. Individual district guidelines: (1) "Longfellow Neighborhood District Guidelines". (2) "College Hill Neighborhood District Guidelines". (3) "Woodlawn District Guidelines". (4) "Northside Neighborhood District Guidelines". And, 2. Whether the Commission's action was patently arbitrary or capricious? A decision is "arbitrary" or "capricious" when it is made without regard to the law or the facts of the case. Arora v. Iowa Board of Medical Examiners, 564 N.W. 2d 4, 8 (Iowa 1997). The above -stated "standard of review" is a narrow one. Council is not entitled to substitute its judgment for that of the Commission. In other words, you may not reverse the Commission's decision merely because you disagree with it. Rather, if you find that the Commission exercised its powers and followed the guidelines established by law and that its decision was not patently arbitrary or capricious then you must affirm the Commission's decision. January 14, 2021 Page 2 If you find that the Commission did not exercise its powers and follow the guidelines established by law or did act arbitrarily or capriciously you may, in conformity with the provisions of the Historic Preservation Commission regulations, reverse or modify, wholly or partly, the decision of the Commission to deny the application. You may make such decision as ought to have been made, and to that end you will have the powers of the Commission. In other words, you will stand in the shoes of the Commission and be bound by the same guidelines and rules that govern the Commission's decisions on applications for certificates of appropriateness. With respect to your deliberations in connection with the above, it is essential that you read the entire record of the proceedings before the Commission and all information submitted to you as part of the public hearing process. You are required to decide the appeal within a "reasonable time." If, at the Council meeting, you need any additional information in order to make a decision, you should continue the public hearing and defer a decision. The agenda item is only intended to give notice that a motion to decide the appeal may be made. The substance of that motion is, of course, unknown at this point. If at the meeting you decide that you have all the information you need and no further time for deliberation is necessary, you should close the public hearing and decide the appeal. The motion to decide the appeal will be in the form of a motion to affirm or reverse, wholly or partly, or modify the decision of the Historic Preservation Commission concerning the application. The reasons for your decision must be clearly articulated. I will be available to answer questions at your meeting on February 2. Cc: Adam and Gosia Clore, property owners Geoff Fruin, City Manager Kellie Fruehling, City Clerk Tracy Hightshoe, Director of Neighborhood and Development Services Anne Russett, Senior Planner Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 Memorandum Date: January 14, 2021 To: City Council From: Kevin Boyd, Chair, Historic Preservation Commission and Jessica Bristow, Historic Preservation Planner Re: Appeal of Historic Preservation Commission Decision for 1133 East Court Street Introduction: On December 10, 2020, the Historic Preservation Commission denied an application to replace or cover the original siding at 1133 East Court Street. The application requested replacement of the original siding without regard for its condition. The property is in the local Longfellow Historic District and the National Register listed Longfellow Historic District and is classified as Contributing to the historic character of the neighborhood. The applicants, Adam and Gosia Clore, have appealed the Commission's decision. At the same meeting the Commission approved a porch reconstruction project at the same property. Historic Review Background: The City of Iowa City has eight local historic districts, five conservation districts, and numerous local historic landmarks. These properties were designated as local historic resources by the City Council through the rezoning process. This designation requires that material changes requiring a regulated permit (e.g. building permit) go through the historic review process. Examples of a material change include alterations to the exterior features of a building, such as modifications to windows, siding, or porches. New construction and demolition must also go through the historic review process. More significant exterior changes require the review of the Historic Preservation Commission. Minor changes that demonstrate compliance with the historic preservation guidelines can often be reviewed and approved by staff or by staff and the Chair of the Commission. Project Information: The application, originally submitted April 2020, included removal of the aluminum siding and installation of fiber -cement board over the original siding. During discussions between staff and the applicants, the applicants proposed an alternative project to remove the aluminum siding and the original siding and install fiber -cement board siding.' This project also included the redesign of the front porch, assuming that elements such as columns and balustrades are currently missing. Redesign without historic elements or a photo to match is reviewed and approved by the Commission. This portion of the project was also reviewed at the December 10, 2020 meeting and approved. ' Removal of original siding and trim cannot be approved by staff unless the siding or trim is deteriorated beyond repair. The applicants were not interested in removing the aluminum siding and reviewing the condition of the original siding with staff. Without knowledge of the existence or condition of the original siding, the project proceeded to the Commission. l l� ter^+°bm=III!'"'8fi traT I:"_'a_ ?__"._111�'i_dii Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 Guidelines: When considering replacement siding, the Commission follows the Secretary of the Interior's Standards. These standards are incorporated into the Iowa City Historic Preservation Handbook, the adopted guidelines the Commission uses to review applications (see attached Exhibit C, excerpts from the Iowa City Preservation Handbook). Three areas of the guidelines are consulted for a review of original siding replacement or covering original siding in another material. In Section 4.11 Siding, the guidelines recognize that "wood siding, along with the trim details ... combine to make one of the most important defining characteristics of historic districts" and "therefore siding is protected by the design guidelines". The introductory paragraphs for this section continue, The primary threat to the traditional appearance of older neighborhoods has been the application of synthetic siding which has been installed in an effort to avoid periodic painting. While synthetic siding may last longer than an application of paint, it does deteriorate over time and does need to be replaced when it fades, cracks, dents, or deteriorates. The application of synthetic siding covers many architectural details of a building, damages the historic siding and trim, traps moisture within the walls, and in some cases, necessitates the removal of historic elements altogether. For these reasons the covering of original siding with synthetic siding is not allowed. This section of the guidelines includes actions which are "disallowed," such as removing historic trim, covering historic trim, and installing synthetic siding. When historic siding exists, the guidelines recommend "replacing deteriorated sections with new or salvaged wood siding that matches the historic wood siding." The guidelines also recommend "removing synthetic siding and repairing the historic wood siding and trim." Where synthetic siding is all that exists, such as the rear of the property under discussion, the guidelines recommend "replacing the synthetic siding to match the original siding on the building." "Matching synthetic siding may be used to repair damage to small sections of existing siding." While it is recommended to replace deteriorated siding with new wood siding, this section of the guidelines allows for wood substitutes such as smooth fiber cement board for replacement of deteriorated original siding. Section 4.14 Wood, of the Historic Preservation Guidelines, includes recommendations for repair similar to those found in the siding section, including the possibility for wood substitutes that retain the appearance and function of the original wood. In addition, this section includes several actions that are disallowed: "covering original wood siding, soffits, and eave boards with another material such as vinyl or aluminum" and "removal of historic wood elements such as trim, porches, cornices, and decorative elements." Section 10 Secretary of Interior's Standards for Rehabilitation, includes several standards that are relevant to this project. Standard 2 states, "the historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided." Standard 5 states that "distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved." Standard 6 states, "deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and where possible materials." Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 In order to provide flexibility for approval of projects that could not be anticipated by the guidelines and do not significantly affect the architectural character of a historic property, the Commission may consider granting an exception to the guidelines for individual projects. Section 3.2 outlines the three types of exceptions: 1. Documented Exceptions: The documented exception allows for alternative methods and materials if the Commission achieves consensus. Each of the material sections includes any documented exceptions for those materials. For siding, there are no documented exceptions for Contributing properties in Historic Districts. For wood, there are no documented exceptions. 2. Uncommon Situations: These are generally defined as non-compliant structures, irregular lots and projects which satisfy the intent of the guidelines. 3. Guidelines Silent/Unclear: This type allows for the evolution of historic preservation practices and advancement in new technologies, materials, and practices for project approval. For either of these final two exceptions, the Commission would need to identify the guideline for which the exception would be made and the rationale for the exception. Findings: In order to approve the removal of original historic siding the Commission would have to be presented with evidence that an exception was necessary. No evidence was provided in the staff report, application, or discussion at the meeting. The Commission found that the proposal did not meet the standards set in the guidelines, contradicts the Secretary of Interior's Standards, and would permanently alter the historic character of the house and Longfellow Historic District. Alternatively, the Commission approved a Certificate of Appropriateness that meets the guidelines that allows for the removal of the aluminum siding and repair of the original siding and trim or replacement of deteriorated siding and trim following review and documentation by staff and Commission Chair. Exhibits: A. Denial of Certificate of Appropriateness B. Certificate of Appropriateness for the porch and the alternate siding repair project C. Excerpts from the Iowa City Historic Preservation Handbook D. December 10, 2020 Historic Preservation Commission Preliminary Meeting Minutes E. Staff Report presented to the Commission F. Overview of siding replacement project approvals over the past five-year period Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 DENIAL OF CERTIFICATE OF APPROPRIATENESS 1133 East Court Street A meeting of the Iowa City Historic Preservation Commission was held as an electronic meeting through the Zoom meeting platform on December, 10, 2020. The following members were present: Kevin Boyd, Sharon DeGraw, Cecile Kuenzli, Quentin Pitzen, Jordan Sellergren and Austin Wu. By a vote of 1-5 (Boyd, DeGraw, Kuenzli, Sellergren and Wu voting no), the Commission failed to approve a Certificate of Appropriateness for an alteration project at 1133 East Court Street, a contributing property in the Longfellow Historic District. The proposal consists of the removal of the aluminum siding in its entirety and either the installation of new aluminum siding or cement board siding over any existing historic siding or the removal of any existing siding in its entirety, regardless of condition and replacement in cement board in a configuration to be determined by the applicant. The existing trim is also proposed to be replaced regardless of condition, in a configuration to be determined by the applicant. The proposal was denied for the following reasons: • The proposal does not meet the standards set in section 3.2, 4.11 or 4.14 because it would remove historic wood siding and trim that is not deteriorated and replace it with new material that does not match the existing (4.11), or it would cover original wood siding with another material leading to the potential of increased further damage (4.14). In addition, the Commission could not find an exception to the guidelines to approve the proposal since this proposal does not meet the conditions of any documented exceptions, the situation is not uncommon, and the guidelines are not silent or unclear on this topic (3.2) • Wood siding and trim details combine to make one of the most important defining characteristics of historic districts and are therefore protected by the guidelines. • The proposal contradicts Standard 2 of the Secretary of the Interior's Standards, included in the historic preservation guidelines which reads, "the historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided." • While aluminum siding covers the existing original siding, impacting the historic character of the house, it is a reversible condition since the removal of the aluminum siding would expose the historic siding and trim Removal of the historic siding, however, would permanently alter the historic character of the house, unless the material was deteriorated and the new material match the original An alternate proposal, as described by the Commission, is approved separately on the Certificate of Appropriateness for the porch reconstruction project. The decision may be appealed to City Council, which will consider whether the Historic Preservation Commission has exercised its powers, and followed the guidelines established according to this Title (Title 14 of Iowa City Zoning Code), and whether the Commission's action was patently arbitrary or capricious (Iowa City Zoning Code, Article 14 -8E -2D). To appeal, a written letter requesting the appeal must be filed with the City Clerk no later than 10 business days after the date of the filing of this certificate. 4v; �•� Kevin Boyd, Chair Iowa City Historic Preservation Commission 1Cu Jessica Bristow, Hioric Preservation Planner Department of Development Services 12/15/2020 Date - r nav 'y1 11104 r=" Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 CERTIFICATE OF APPROPRIATENESS 1133 East Court Street A meeting of the Iowa City Historic Preservation Commission was held as an electronic meeting through the Zoom meeting platform on December, 10, 2020. The following members were present: Kevin Boyd, Sharon DeGraw, Cecile Kuenzli, Quentin Pitzen, Jordan Sellergren and Austin Wu. By a vote of 6-0, the Commission approved a Certificate of Appropriateness for an alteration project at 1133 East Court Street, a contributing property in the Longfellow Historic District. The project includes two parts: • Once the porch enclosure is removed, as approved in June 2020, the porch will be reconstructed with the porch at 1152 East Court as reference. The existing porch piers, roof and floor will remain. The straight square columns and paneled balustrade will be constructed with the existing piers providing the location for the new columns. Screens and storm windows are not regulated and may be installed at a property owner's discretion. Constructing an enclosed porch with permanent walls and windows is not approved. All materials are wood unless approved by staff and chair. Original, historic wood elements may be replaced to match existing if deteriorated. Specific porch construction relationships are shown on the attachment. • The aluminum siding is removed and the original siding and trim is repaired. Any missing or deteriorated siding is replaced with wood, smooth cement board or smooth LP Smartside matching the original. Trim configuration will be reviewed by staff and Chair prior to reconstruction. The project is approved subject to the conditions specified in this certificate, notations in the application, and the discussion by the Commission as provided in City Code Section 14-8E-2. All work is to meet the specifications of the guidelines unless otherwise noted. Any additional work that falls under the purview of the Historic Preservation Commission that is not specified in this certificate will need a separate review. Approval by the Historic Preservation Commission does not constitute final approval for a project. Contact the Building Department to acquire a building permit before beginning the project. The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. Cry: •► �d Kevin Boyd, Chair Iowa City Historic Preservation Co mission I al Jessica Bristow, Historic Preservation Planner Department ofDevelopment Services 12/15/2020 Date CO r 172 ! PORCHES, BALCONIES, AND RAILINGS PORCHES, BAKCOIMIES, AND RAILINGS GS PORCHES have been a popular architectural feature since the eighteenth century. Some of the finest early examples can be found in Charleston, South Carolina, where the double -height porches, located along one side of the house to catch the breeze, are called piazzas. Interestingly, this is the Italian word for square, which reinforces the porch's public/private nature. Around the muddle of the twentieth century, as architectural styles changed, air conditioning became common, and suburban America turned away from the street and toward the television as the prime focus of social activity, porches began to fade as a standard of the American home. Thankfully, planners and house builders have since realized what we were losing—not only architecturally, but also in terms of the social fabric of a town—and porches are reappearing. Porch Styles Architecturally, porches are as varied as the houses that they adorn. Georgian porches tended to use a classical vocabulary of columns, pilasters, and turned baluster railings. Victorian designs often used simpler chamfered posts, but with elaborate pierced -wood ornaments, turnings, or both. Arts and Crafts applications did without much of the fussy Victorian decoration, relying on an expression of simple wood craftsmanship for effect. Whatever the style, it is important to get the details right. Before reading this chapter, it is worth reviewing Chapter 3, The Orders, and Chapter 7, Entrances, as many of the rules in those pages should apply to your porch. Balconies and Railings Balconies, in iron, wood, or stone, give texture to your house as well as providing outdoor space at upper floors. A change of material and color (a painted iron balcony on a brick or wood building, for example) can give richness to an otherwise simple structure. These textural qualities are enhanced still further by the potential for planting Railings are required by most building codes when there is a drop of over 18 inches. On balconies and porches alike, the design of these railings will help determine if the building looks authentic. A simple building can be enhanced by adding carefully selected iron or stonework, or spoiled by poorly designed, out of scale elements. Balconies and railings are icing on your cake! Treat them with care, and make sure that they complement everything else you have achieved in the design. 8.1 Porches, Balconies, and Railings Porches create outdoor "rooms" between the public space of the street and the private space of the interior. GET YOUR HOUSE RIGHT Balconies add outdoor space to a building's upper floors. I 8.2 Types of Porches Double -height porch: Charleston Single House Double galleries wrapping the entire house: Low Country and French Colonial One-story porch: American Four Square Integrated porch: Classical Villa PORCHES, BALCONIES, AND RAILINGS 8.3 Porch Details Masonry pier Wood pedestal with short with short thin chunky column column Double full - height columns Column and corner pier Chamfered post and simple entablature GET YOUR HOUSE RIGHT 173 _--=- PORCHES, BALCONIES, AND RAILINGS l^, k ;k! t,. 1 174 8.4 Column Alignments to Avoid Once the foundation is poured and the rough framing completed, the alignments are set; the finish carpenter may have no option but to install the columns incorrectly, either at the base or the neck. No: Setting the column under the architrave Yes: Neck of column aligned with face of archltruvo No: Bose extending over foundation 8.5 Column Alignments to Use By thinking ahead, you can make it easy to install correctly aligned columns where the neck aligns with the face of the architrave and the base is fully supported. Yes: Neck of column aligned with face of architrave Yes: Base fully supported G E T YOUR HOUSE RIGHT PORCH PLANNING Getting your porch right is easy, but only if you think about it before construction begins. Good planning requires an architectural drawing that clearly dimensions both the foundation and the framing of the entablature. This drawing needs to be part of the minimum requirements of even the smallest sets of construction documents. Column Alignment Misaligned columns are probably the most common mistake made in new traditional construction. The correct relationship is to align the neck of the column with the face of the architrave, while the base is completely supported on the deck. The important thing to remember is that the neck of a column is thinner than the base. The problems usually occur on site because the entasis (tapering) of the column is not taken into account during framing. Unfortunately, it is quite easy to forget this when framing up the building. The foundation goes in first. Then the rough framer constructs the roof. By the time the trim carpenter arrives to set the columns and handrails, the outcome is determined. All he can do is fill in the blanks. He can't fix flawed alignments (8.4). Think Ahead Use the centerline of the column as a reference point, positioned in relation to the face of the house. To align the neck of the column correctly, and support the base, the foundation will extend further away from the house than the architrave. Architectural plans should clearly note these dimensions, both on the foundation plan and framing plans. The set of drawings needs to include a dimension locating each element back to the wall. The contractor will not be able to get this right on site if he is not given the information ahead of time. PORCH PLANNING 8.6 Setting Out the Porch When setting out your porch, set all the dimensions to the centerline of the column; show dimension from the house to the centerline and the centerline to the outer extension at each crucial point. Include the Following dimensions in every set of drawings: 1. House to centerline of column 2. Center line of column to exterior face of foundation 3. Center line of column to exterior face of column at base 4. Center line of column to neck of column 5.'Center line of column to face of architrave NOTE: If the alignment is correct, the face of the architrave will not align with the face of the foundation. Align t / !� i i(� ,, Beaded Board Ceiling �; 1 li li I I t. 4 11 1 1 1 Reflected ceiling plan Align 1 Slope between 3:12 and 6:12, typically lower than main house A �— Beaded board or beaded ply ceiling, often pointed } light blue, set high enough to express inside of architrave Pilaster or engaged column to connect porch to house Neck of architrave aligned with face of column on inside, outside, front, and side Decking sloped minimum IA" per foot away from house Base and plinth fully supported rr on deck CV i NEED TO KNOW Porch Tips • A minimum depth of 8'-0" is good for a%eryday use. If the porch gets too narrow, it will be hard to use comfortably when furnished ▪ Use a pilaster or engaged column at the wall to visually engage the porch to the house. • Express the beam on the inside of the porch • Align the inside face of the architrave with the neck of the column. • Use a bedmold for the crown inside the porch (8 5). a Use beaded board or V -joint boards on the ceiling of the porch (or substitute beaded board plywood) . Often the porch ceiling is painted light blue • Dimension to rough framing—so framers know what to do GET YOUR H O U E RIGHT PORCHES, BALCONIES, AND RAILINGS 176 8.7 Architrave Framing Details AV91 4VV01D Rough framing too large, resulting in misalignments when trim and columns are installed 11137 Enough space to finish beam off above column 8.8 Column Support Without proper support, the column may start to push up the edge of the decking. Avoid blocking inadequate to support column a GET YOUR H O U .S E RIGHT Column fully supported with framing to keep decking level PORCH DETAILS Finishing the Beam Don't forget to allow for the finish carpentry. The rough framing of the beam needs to be set at a dimension that allows the finish face of the architrave to align with the neck of the column. It also needs to be high enough to allow room to install finish trim between the rough framing and the top of the column. Columns should not be directly supporting rough framing (8.7). Supporting the Columns Make sure that the column is supported front and back with framing. Columns that are not fully supported can lift up and warp the edge of the decking (8.8). Double Porches On two-story porches, align the center lines of the columns from floor to floor (8.9), regardless of the size and type of column. Larger columns or piers always support smaller columns or posts. (See Superimposition, page 66.) The size of the entablature should relate to the dimensions of the column, not to the overall height of the building. (See Attenuated Orders, page 144, and Setting the Eave Height, page 200.) Engaging the Building Where the porch engages to the house, the two areas of concern occur at the architrave and at the cornice. Always support the architrave at the wall with a pilaster or engaged column, but take care with details. Pilasters typically project 1/5-1/4 the diameter of the column with a width set to match the neck of the column. Engaged columns typically project 5/8-3/4 the diameter of the adjacent columns (see Pilasters and Engaged Columns, page 60). Do not use engaged half columns; they do not look substantial enough to support the porch. Do not set a full column next to the wall; it is unnecessary and will trap water at the base (8.10). Porches can engage the cornice in several ways. One-story porches are engaged to the house as an additional mass. Either the architrave resolves into the house and the eave returns around the corner (8.11) or both fully resolve into the house. PORCH DETAILS ' Two-story porches can be more complicated. If the porch has its own roof it will engage like a one-story porch. But if the porch is included under the roof of the main house, special attention must be given to the alignments of the column from base to neck, to make sure that the eaves are aligned correctly with the building's foundation. 8.9 Double Porch Variations Align columns along some center line from floor to floor 11 JL II .i .4r -11.1F-11:7; , l Align columns along some center line from floor to floor Simphfied entablature at second floor deck GET YOUR HOUE RIGHT 177 178 PORCHES, BALCONIES, AND RAILINGS 8.10 Engaging the Porch to the Building at the Architrave To support the architrave where the porch meets the building, always use a pilaster or an engaged column, which throws enough shadow to visually provide support. ArriIllf; AVOID No support at wall Engaged half column (too insubstantial; will look as though it is being swallowed by wall) Pilaster projecting 1/5-1/4 of column diameter, width matched to diameter at neck of column GET YOUR H O U: E RIGHT Full column adjacent to wall (unnecessary; will create a place for water to collect) Engaged column projecting 5/8-3/4 of diameter from wall 8.11 Engaging the Porch to the Building at the Cornice A one-story porch engages to the building as an additional mass; the treatment of a two-story porch depends on whether or not it has its own roof. One-story porch with fully engaged cornice Porch with its own roof mass Porch cornice fully resolved into building wall Porch with its own roof mass irlstn One-story porch with cornice wrapping around comer Cornice wraps around corner of building Two-story porch with cornice matching roof, architrave and frieze stepped back Architrave, frieze, and pilaster resolved into building PORCH DETAILS NEED TO RIsNOW J Porch Review Designing and installing a correctly detailed porch takes great care, but it can be easy to achieve if you think ahead. Before you plan your porch, go back to the following sections to review key aspects of the Orders that are fundamental to porch design Learn the Vocabulary, page 13 Selecting Columns, page 46 Installing Columns, page 52 Installing Columns in One Story, page 53 Installing Columns in Two Stories, page 53 Tuscan and Doric Entablatures, page 54 • Pilasters and Engaged Columns, page 60 Intercolumniation, page 64 Superimposition, page 66 t _ Two-story porch fully incorporated in roof Plaster wraps around corner of building Cornice fully engages Imo building wall MEM Two-story porch with its own roof Porch roof is a separate mass from the main roof GET YOUR HOUEE RXGHT 179 180 = W PORCHES, BALCONIES, AND RAILINGS 8.12 Wood Railing Details to Use I w. Handrail Picket Bottom roil, chamfer tap Handrail Pidcei RAILINGS Railings made of wood or iron are both a practical requirement and an opportunity to give a layer of texture to a house. The key to making them look right is to find creative methods of meeting contemporary building codes. Wood Railings There are many different design options for the traditional house. Choose according to the style of your house and the overall degree of ornamentation you want to achieve. At the simplest end of the spectrum, we have square pickets and a simple handrail. For a more interesting effect, you can set the pickets diagonally to cast greater shadow and increase the apparent section. There are relatively few mistakes to make with wood railing design. The biggest concern for the traditional builder should be material. Never use white plastic. Although PVC might seem to be a labor-saving option, it doesn't look right and cannot be maintained. Railing Height Bottom rail It is easier to design wood railings to meet contemporary building codes than it is with iron or stone, but in some applications the required height does interfere with the best design. Figure 8.13 illustrates two options for reducing the apparent height by adding a secondary iron railing, either directly above or set back behind the primary railing. More Elaborate Railings Turned balusters are also used on wood railings. These can be relatively thin, or on more expensive projects they can be formed from larger sections to relate more closely to classical models. Turned urns and other ornaments can be used to enrich the handrail. Handrails, likewise, can have a simple profile or more weight and detail for more ornate projects. Regardless of the profile, always slope or curve the top of the rail to cast water. For a richer effect, gooseneck the handrail at perimeter posts as shown in 8.14. Handrail with bead Picket Bottom rail with beads GET YOUR H O U • E RIGHT 8.13 Railing Extensions to Use KUM RAILINGS Secondary thin railing Wood handrail 4' dear between pidcei or to code 36" or 42' overall height—to rode 8.14 Railing and Newel Variations EDT Newel with chamfered corners, ball finial, and turned pickets lilt MZMii Pedestal kept low by raising handrail height over column base NM - Newel with chamfered corners, urn finial, and lilted handrail GET YOUR HOUSE RIGHT 181 Iowa City Historic Preservation Handbook permits are issued. These projects will be evaluated using 6.0 Guidelines for New Construction, 8.0 Neighborhood District Guidelines and if applicable 7.0 Guidelines for Demolition. Demolition Demolition involves the complete removal of a building or a portion of a building. Removal of dormers, decorative trim, porches, balusters, chimneys and other significant features requires a building permit for demolition, and therefore historic review. Demolition projects will be evaluated using 7.0 Guidelines for Demolition and 8.0 Neighborhood District Guidelines. If a demolition permit is sought in order to erect a new structure, the new building and the demolition must be approved by the Historic Preservation Commission before any building or demolition permits are issued. These projects will be evaluated using 6.0 Guidelines for New Construction, 7.0 Guidelines for Demolition, and 8.0 Neighborhood District Guidelines. 3.2 Exceptions to the Iowa City Guidelines In writing the historic preservation guidelines, the Historic Preservation Commission has made every effort to clarify the criteria for historic review. However, not every situation can be anticipated. Situations requiring exceptions to the Iowa City Guidelines will be considered by the full Commission under major review unless the project conforms to the documented exceptions listed in the guidelines, in which case the project may be approved by the Preservation Planner or Preservation Planner and Chair. The Commission is charged with interpreting and applying the guidelines in a fair and consistent manner, but is afforded flexibility when reviewing applications in order to arrive at historically and architecturally appropriate solutions in cases where a proposed construction project does not significantly affect the architectural character of a historic structure. The Commission may consider granting the following types of exceptions: Documented Exceptions A documented exception exists where the Commission has encountered and anticipated acceptable alternative methods and materials to the guidelines. When these methods and materials have found consensus with the Commission, they have been incorporated into the guidelines. The nature of these exceptions is to acknowledge materials or project types that are appropriate only in limited circumstances, the particular circumstances of which have been clearly defined and explicitly listed at the end of each applicable section of the guidelines. Non -Historic Structures A number of the documented exceptions pertain to non -historic structures. Because the historic preservation guidelines are intended primarily to protect the character and integrity of historic properties and districts, exceptions have been crafted to accommodate non -historic structures within the districts. While the great majority of properties located in historic and conservation districts are historic properties, and were constructed in or before 1945, the Historic Preservation Commission may grant exceptions to the Iowa City Guidelines for the relatively small number of properties that are classified as non -historic properties and were constructed after the period of significance of a district. Specific criteria exist for evaluating non -historic structures. In order to qualify for an exception, the proposed change to the exterior of a non -historic property must comply with the following criteria: 1. The project will not further detract from the historic character of the district. 2. The project will not create a false historic character. 3. Alterations and new additions will be compatible with the style and character of the non -historic structure. New Constructions will be compatible with the style and character of the district. Uncommon Situations (Continued on page 12) 11 About the Guidelines for Historic Preservation About the Guidelines for Historic Preservation 0 m Iowa City Historic Preservation Handbook During the course of historic review, it may be revealed that elements of the application warrant special consideration. When this occurs, alternative design solutions to the Iowa City Guidelines or the Neighborhood District Guidelines may be considered by the Historic Preservation Commission. The intent in considering alternative designs is to allow architectural flexibility in exceptional circumstances such as non- compliant structures, irregular lots, and projects which satisfy the intent of the guidelines as interpreted by the Commission. The Commission may find guidance in section 3.3 Additional Historic Preservation Guidelines. Alternatively, the Commission may advise the applicant regarding appropriate solutions or accept the applicants' proposal with or without amendments. When approving a project requiring an exception, the Commission shall identify the guideline(s) for which the exception is being made, and the rationale for the exception. Guidelines Silent/Unclear Because the guidelines were written by the Iowa City Historic Preservation Commission to address historic preservation issues in Iowa City, certain topics may not be covered extensively or at all within the guidelines. Historic preservation practices may evolve. New technologies, materials and practices which contribute to the preservation of historic properties may be introduced and require individual treatment. To decide on applications involving issues not covered sufficiently within the guidelines, the Commission may find guidance in 3.3 Additional Historic Preservation Guidelines. When ruling on an application utilizing criteria other than those found within the guidelines, the Commission will identify the criteria and rationale for the record. The appropriateness of use for any new products or materials will also be clearly stated during historic review. The guidelines leave to the discretion of the Commission the particular calculus used to determine the appropriateness of various projects. These considerations are largely determined by the historical integrity of the structure, the various elements which would be impacted, the scope of work, the materials used, etc., which vary from project to project. 3.3 Additional Historic Preservation Guidelines 12 Neighborhood District Guidelines The size and location of a primary building on a site are some of the defining characteristics of historic and conservation districts. The size of buildings, lots and yards, as well as the architectural character of the buildings, varies by district. Section 8.0 Neighborhood District Guidelines deals specifically with site, scale, structure location, and architectural style for properties within individual historic or conservation districts. The Secretary of the Interior's Standards for Rehabilitation The Secretary of the Interior's Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings are national standards for historic preservation. The Secretary of the Interior defines rehabilita- tion as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value." The goals of the Standards can be summa- rized as follows: 1. Identify and preserve those materials and features that are important in defining the building's historic character. 2. Undertake routine maintenance on historic materials and features. Routine maintenance generally in- volves the least amount of work needed to preserve the materials and features of the building. 3. Repair damaged or deteriorated historic materials and features. 4. Replace severely damaged or deteriorated historic materials and features in kind. The Iowa City Guidelines are based on the Standards, but they provide more specific guidance. Occasional- ly, alterations are proposed to properties that were not anticipated in the Iowa City Guidelines. When this occurs, the Historic Preservation Commission will refer to the Standards when deciding on a Certificate of Appropriateness. The Standards are located in section 10.0. Design Guidelines for Multi -Family Buildings (Continued on page 13) Guidelines for Alterations 0 d - Iowa City Historic Preservation Handbook 4.11 Siding Wood siding is prevalent throughout the historic neighborhoods in Iowa City. Most often it is plain clapboard siding with an exposure between 3 and 5 inches; however, it is sometimes tongue and groove, shiplap, or wall shingle siding. Wood siding along with the trim details and a variety of paint colors combine to make one of the most important defining characteristics of historic districts. This display of detail and color is essential to the character of the older neighborhoods, and therefore siding is protected by the design guidelines. The primary threat to the traditional appearance of older neighborhoods has been the application of synthetic siding. This has been installed in an effort to avoid periodic painting. While synthetic siding may last longer than an application of paint, it does deteriorate over time and does need to be replaced when it fades, cracks, dents, or deteriorates. The application of synthetic siding covers many architectural details of a building, damages the historic siding and trim, traps moisture within the walls, and in some cases, necessitates the removal of historic elements altogether. For all of these reasons the covering of historic properties with synthetic siding is not allowed. Recommended: Historic Siding • Repairing historic wood siding and trim. • Replacing deteriorated sections of wood siding with new or salvaged wood siding that matches the historic wood siding. • Removing synthetic siding and repairing historic wood siding and trim. Synthetic Siding • Replacing synthetic siding with siding to match the original siding of the structure. • Matching synthetic siding may be used to repair damage to small sections of existing synthetic siding. Wood Substitutes • Substituting a material in place of wood siding only if the substitute material retains the appearance and function of the original wood. The substitute material must be durable, accept paint and be approved by the Historic Preservation Commission. In many applications, fiber cement board with a smooth finish is an approved wood substitute. Disallowed: Historic Trim • Removing historic trim pieces such as door and window trim, skirt and frieze boards, and corner boards. • Covering historic trim such as door and window trim, skirt and frieze boards, and corner boards. Synthetic Siding • Applying synthetic siding such as aluminum, vinyl, or false masonry siding. (Continued on page 29) Typical Siding Types found in Iowa City Clapboard siding Board and Batten Siding Staggered edge shingle siding 28 Iowa City Historic Preservation Handbook Exception In order to provide flexibility for certain changes and certain properties, the Commission has documented a number of exceptions to the Iowa City Guidelines. Projects requiring the exceptions corresponding to the property type listed below may be approved by the Preservation Planner or Preservation Planner and Chair. Projects requiring exceptions to the guidelines that are not listed may be considered by the full Commission under major review. The Commission is afforded flexibility when reviewing applications in order to arrive at historically and architecturally appropriate solutions in cases where a proposed construction project does not significantly affect the architectural character of a historic structure. In deciding on a project requiring an exception to the guidelines, the Commission may find guidance in the additional guidelines, outlined in section 3.2. When approving a project requiring an exception, the Commission shall identify the guideline(s) for which the exception is being made, and the rationale for the exception. For more information on exceptions to the Iowa City Guidelines, please refer to section 3.2. Applies to Non -Historic Properties in Historic Districts Noncontributing and Non - Historic Properties in Conservation Districts Noncontributing and Non - Historic Outbuildings in Conservation Districts. Synthetic Siding May be Considered Provided the Following Conditions: • Noncontributing and non -historic structures be evaluated on a case-by-case basis to determine the architectural merit of the property under consideration. Some noncontributing and non -historic structures were classified according to an architectural style or construction period inconsistent with the district, but nevertheless remain important properties and worthy of preservation. • For structures already possessing synthetic siding, other factors besides the presence of synthetic siding should exist which prevents the structure from being considered a contributing structure to the district. Otherwise, alterations should be encouraged which will enable the property to become contributing to the district. • All sources of moisture that have caused damage to the structure are corrected and the damage repaired prior to the application of the siding. • Historic architectural features such as window trim, brackets, moldings, rafter tails, columns, balusters and similar details are not covered, removed, cut or otherwise damaged. Unless severely deteriorated, historic wood siding must not be removed. • To the extent possible, the synthetic siding appears similar to the original wood siding in exposure, texture and design. • Trim boards extend in front of the face of the siding. • The synthetic siding does not have a simulated wood grain Guidelines for Alterations 29 Guidelines for Alterations 0 d - Iowa City Historic Preservation Handbook 4.14 Wood Most of the structures in Iowa City's historic neighborhoods are of wood frame construction and have wood siding. Many dwellings have wood elements such as trim, windows, doors, porches, cornices, decorative elements, and pediments. While most wood is relatively inexpensive, durable, and easy to work with, it must be maintained properly to have a long life. Recommended: Historic Wood • Repairing historic wood elements rather than replacing them. • Using epoxy products, such as Wood Epox and Liquid Wood by Abatron, to consolidate deteriorated wood components, and fill or reconstruct missing wood. • Duplicating and replacing historic wood elements when they cannot be repaired. • Replacing damaged wood components with new or salvaged wood components that match the historic ones. • Monitoring wood surfaces for signs of excessive water damage, rot, or pest infestation. Keeping all surfaces primed, painted and appropriately caulked in order to prevent wood deterioration. • Eliminating excessive moisture problems such as leaky roofs, gutters, and downspouts. The improper venting of baths, kitchens, basements, and dryers may cause moisture problems. • Removing vegetation that is growing against the wood elements or siding. Wood Substitutes • Substituting a material in place of wood only if the substitute material retains the appearance and function of the original wood. The substitute material must be durable, accept paint, and be approved by the Historic Preservation Commission. • For many applications, fiber cement board is an approved substitute for wood provided the fiber cement board is smooth faced with ' aint stripped from balusters and some decay is found 34 no simulated wood grain • MiraTech and similar materials have been approved for above -grade applications on a case-by-case basis. • Polyethylene/sawdust composite materials, such as Trex, are appropriate on a case-by- case basis Deck and Porch Materials • Pressure treated lumber should be allowed to cure for a period of six months to one year prior to painting due to high moisture content. Disallowed: Historic Wood • Covering original wood siding, soffits and eave boards with another material such as vinyl or aluminum siding. • Using destructive and dangerous paint removal methods such as sandblasting, water blasting, or burning with a propane or butane torch. • Removal of historic wood elements as trim, porches, cornices, decorative elements. such and Wood Substitutes • Substituting a material in place of wood that does not retain the appearance, function, and paintability of the original wood. Exception For more information on exceptions to the Iowa City Guidelines, please refer to section 3.2. • Small decay holes filled with epoxy, larger ones replaced with new wood Original balusters are repaired and repainted retaining the original material and integrity Worn Paint, Wood in good condition Peeling Paint, Wood likely in good condition Iowa City Historic Preservation Handbook Peeling Paint, Wood may be in bad condition Peeling Paint, Wood at bottom is rotting 35 Guidelines for Alterations Iowa City Historic Preservation Handbook 10.0 The Secretary of the Interior's Standards for Rehabilitation The Secretary of the Interior's Standards for Rehabilitation (Standards) were originally written to determine the appropriateness of proposed project work on properties that were listed on the National Register of Historic Places. The Standards are accompanied by instructions concerning methods, materials, historical character, and other considerations that relate to the historical significance of the particular property and its surroundings. The Standards have been widely accepted by state, county, and city governments. The Iowa City Historic Preservation Commission uses the Standards to determine the appropriateness of exterior changes to historic landmarks and properties located in historic and conservation districts. The Iowa City Guidelines are based on and comply with the Standards, and were written to provide more specific guidance for owners, contractors and consultants in Iowa City as well as the Historic Preservation Commission. The Secretary of the Interior's Standards for Rehabilitation (1990) are listed below. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their O own right shall be retained and preserved. The Secretary of the Interior's Standards for Rehabilitation 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 59 and setting in the materials of workmanship), and also meet Criteria D (associated with lives of persons significant to our past) and Criteria E (embodies the distinctive characteristics of a time period or method of construction — the Italianate architecture). Kuenzli asked about the letter the Commission received about the siding/metal that would go on the house. Bristow clarified that the letter from William Means was regarding the metal siding on the new development. Because of the letter staff had the brick on the drawings clarified. Bristow said that they are working through a new rehabilitation plan for the historic house that, once the property is landmarked, would come to the Commission for approval. Boyd opened and closed the public hearing. Boyd asked about the order of operations in regard to the project as a whole and the rehabilitation of the house. Russett said that the rehabilitation plan is not triggered by the landmark designation but would be triggered if the applicant pursues the redevelopment of 400 North Clinton and 112 East Davenport Street. Boyd asked if the landmark status would make them eligible for the PRM rezoning. Russett said that there were three applications: the landmark designation, the rezoning of 400 North Clinton and 112 East Davenport to a different zoning designation, and a proposed text amendment that would allow the applicant to ask for additional development potential, which then would trigger the need for a rehabilitation plan. Russett said that all three of these are running concurrently. Kuenzli asked if they are assured that the house will be rehabilitated so the house does not crumble in 25 years. Boyd said that, in order for the developer to obtain a certificate of occupancy for the new portion, they have to complete the rehabilitation plan that the Commission will see at a future meeting. Kuenzli asked about the order of events — rehabilitation and development. Bristow said that part of the rehabilitation plan will include a timeline of what needs to be done and how long it will take to do that, but that it doesn't necessarily matter the order in which they are done as long as they are completed before they want to occupy the development. Kuenzli said that she is concerned primarily with the old house being restored according to the guidelines. MOTION: DeGraw moved to approve the designation of 410/412 North Clinton Street as an Iowa City historic landmark based on the following criteria for local designation: Criteria A, B, D, and E. Wu seconded. Motion passed with a vote of 6-0. CERTIFICATE OF APPROPRIATENESS: 1133 East Court Street — Longfellow Historic District Bristow said that 1133 East Court Street was built between 1910 and 1924 in the Longfellow Historic District. It is a Foursquare with a low-pitched hip roof, flared eaves, and dormers with paired windows. The first floor has one over one double hung windows. The porch was enclosed with combination windows in 1972. It has a two-story rear addition in the back, added in 1988. The house is currently clad in aluminum siding which was likely installed either during the two story addition or the porch enclosure in the 70's. There have been several past projects 3 on this house since the district designation, such as changes to the deck, repairs to the roof, and an addition of a railing on the rear 2nd floor porch. Earlier this year, the Commission received an application to remove the aluminum siding and also for porch reconstruction. The Commission has approved the porch reconstruction to the point where the aluminum in the storm windows could be removed and anything that had existed be repaired. Depending on what remained, the project may come back to the Commission for porch redesign. Bristow said that she and Boyd had been working to determine what an original porch may have looked like on this property if there was nothing remaining to be seen after the removal. Bristow that she would talk about the siding project first and talk about the porch project separately after that. Bristow said that several options had been discussed by the owner for this property in regard to its aluminum siding, with the most recent option being to remove the aluminum siding (some of which had been damaged by the derecho) and install cement board siding over the top of the original siding underneath. Bristow said that the Historic Preservation guidelines are very specific about disallowing the covering of the original siding with anything (including synthetic siding) and disallowing the removal of original siding and trim unless it has deteriorated beyond repair. If the original siding had deteriorated beyond repair, the guidelines state that it could be removed and replaced with a siding that matches the original siding, including lap siding, use of corner boards. The new siding could include wood, a smooth cement board or a smooth LP Smartside siding. Bristow said that would assume the original siding was deteriorated and only the deteriorated pieces would be removed and the new matching siding would be toothed in to replace the deteriorated original siding. Bristow said that this house also has aluminum over the soffits and the fascia, and the aluminum edge comes up over a lot of the trim. Recently, there have been several projects that have removed synthetic siding and so far none of those projects have found that all of the siding on the property was deteriorated. A few have replaced individual pieces of siding and parts of trim (pieces of sills, corner boards, watertables, etc.) have been replaced. Bristow said that the goal of the guidelines for houses like this, with aluminum siding, is to remove it because it traps moisture, obscures a lot of the details, and diminishes the architectural character of the home. Bristow said much of the architectural character is created by the trim and the siding, and the guidelines are clear about how important those elements are to the character of the house. That is why it is disallowed by the guidelines to remove the siding or trim unless it is beyond repair. 4 Bristow said there are also options for repair from the derecho. If the damage to the aluminum is small, staff would recommend trying to locate a siding that matches. If the aluminum siding has been there for a long time it is likely faded and then painting it and painting any repair so that it all matches would be an option for a small repair, keeping the existing aluminum. If it was a matter of not finding a good match, it may be a matter of removing existing siding from one place and moving it to the front and replacing all of a section of siding on the back or somewhere not visible. Bristow said with catastrophic damage that would be the case where it would be recommended to just remove all of the aluminum and just repairing the original siding instead of covering it again. This is they type of work where we regularly promote using our Historic Preservation Fund to help with repair. Bristow said one project where all of the original siding was approved to be removed was a house that was insulated without a vapor barrier being able to be installed. She referred to the Bob Yapp article. Bristow said moisture from the interior of the house migrates into the wall and condensates in the wall cavity. The insulation holds that moisture and does not dry out. Bristow said that this issue was obvious on the house at 424 Clark Street because it was possible to see that the siding was failing and could no longer hold paint. Because of the deteriorated siding, the owner was approved to replace it with cement board. Bristow said it was not known if the cement board would be able to handle the moisture either since the product tends to wick up moisture and may also fail since the insulation was retained. Generally, the overall goals of the guidelines are to retain the historic character of the house itself, which helps to retain the historic character of the neighborhood. Bristow showed an example of a house that had a siding and trim condition that might be found under the aluminum siding here too. Kuenzli said that it might be possible to find pictures of this house because she used to live behind it, and a good friend of hers knew the owner who had lived there a few decades. She said that, through the remaining family, they might be able to get some pictures. Bristow said that that might be an option that could be discussed for the porch. Bristow moved on to a discussion of the porch project. She said that, right now, they know that it has an enclosed porch and the guidelines do not allow a porch to be enclosed. She said that the Commission does not regulate storm windows, and a porch can be enclosed with storm windows and screens (something that is not considered permanent) as long as nothing has to change in the wall, the columns, the baluster, etc. in order to do that. She said that this is an option for this house, and the porch could be rebuilt in a way that it could have solid balusters and storm windows could be installed again. She said enclosing it with permanent walls and windows would not be something that the guidelines would allow. Bristow said that they looked at similar houses in the neighborhood to try and determine what an original porch would have looked like. She showed an example of a much more elaborate 5 house and discussed how these details would not be appropriate here. She then showed an example of some more similar appropriate porch designs to follow for this porch. She said that they should avoid doing something overly elaborate unless they had a photo of what the original porch looked like and confirmed that was the appropriate porch design. If that was the case, Staff would recommend that the new porch design copy what the historic photo showed, which is also in line with the guidelines. Bristow said that the staff report includes multiple recommendations so that repair could be approved with the original siding, if covering or removing the siding was denied. The porch project was also separated for this reason. Boyd opened the public hearing. Gosia Clore, a member of the public, began her presentation about her house, 1133 East Court Street. She reiterated what Bristow previously stated about the house history and talked about the current siding, which has allowed for pest (mice, bats, bugs, etc.) penetration. She also said that the house has blown in insulation. She said she feels moisture is being trapped within, which is causing additional damage to the siding. Clore said the entire back is new with no wood siding under the aluminum siding. Clore said that wood siding is not common on Court Street. She said that they are proposing to replace the siding with something similar that is much more pleasing to the neighborhood and something that is much easier to maintain in the long run. She said they don't want to repaint it every few years. Clore said that with the house on Seymour, everything was replaced. The vinyl was removed and what was under that was removed and the original, which was asbestos was removed. She said the windows were replaced. She said on Summit, a house had asbestos removed and all new siding and trim installed. Clore mentioned a house on Summit where the arch was allowed to be removed and changed. She said it was said that the arch was not original but others are like that. She said it was allowed to be changed to let more light in. Clore said that they propose to use appropriate materials. She showed an example in Minnesota of a house they would like to copy. She said she would also copy a photo if one was found. But the new materials could be used, not wood. She described the derecho damage on the house saying that one third of the aluminum was damaged. She says that repair would not be a great option. She then showed a house in New Jersey with cement board. Clore said that what Bristow presented with the porch at 1152 is good and they would be happy to mimic that. She said they know where the original columns were located. She said that if a photo is found they would be happy to copy that. Boyd closed the public hearing. Kuenzli asked if Seymour street is in the Conservation District or if it is part of the Longfellow Historic District. Bristow said that it is in the Longfellow Historic District. Sellergren asked if the 6 issue was that the homeowners did not want to keep any of the original wood siding after removing the aluminum siding. Boyd re -opened the public hearing. Clore said yes, and that half of the house already does not have part of the siding in it. Boyd closed the public hearing. Kuenzli asked if the insulation could be removed/suctioned out through the small holes in the siding, since that is how it was blown in. Bristow said that is depends, but it is a bit impractical since the wall cavity has to dry out as Bob Yapp discusses in the article. Bristow said that the house that was moved on College Street had insulation that was blown in and had all settled and wasn't causing any damage to the siding. Insulation may or may not cause issues depending on the type of insultation and coverage. Boyd asked if there are any concerns with the proposed resolution for the porch reconstruction, to mimic the porch at 1152 Court and not be permanently enclosed, to which there were none. Boyd said that when it comes to siding the guidelines specifically disallow the removal of original wood siding and, given what they've seen in the application and public hearing, which doesn't provide information about what will be found under the aluminum siding, he is uncomfortable giving flexibility in that area. Kuenzli said removing and replacing the aluminum siding does not address the problem of the insulation in the walls. Bristow said that they have recently approved the removal of synthetic siding on multiple houses and the process has approval of removal and repair of original. After that staff or staff and chair review what is found to determine the next step. It is a multi -step process and has an additional review. Bristow said in this particular case, the applicant did not wish to work with that unknown factor. She said that the back half of the house does not have original siding so, regardless of what happens, they will have to put some new siding of an approved material on the whole back half of the property. Kuenzli asked if it would be possible to remove the aluminum siding from the front and the sides and leave the back half either with its siding or to put the cement board there, and then restore the original wood siding on the rest of the house. They could put the cement board at the back and it would match up to the original. Bristow said that is possible because it would meet the guidelines and could even be staff approved. Clore said that the sheathing on the new addition is on the same level as the siding, so the old siding butts into the sheathing and whatever new siding is put on will go beyond that, so it will not be on the same plane. Bristow said that, if something was installed incorrectly with the addition, a typical solution would be to install a vertical trim piece to mask a transition. It is not an ideal solution but there are solutions to problems like that. 7 Boyd said that the second recommended motion, siding repair, includes removing the aluminum siding, and repairing the original siding if it is repairable, which it might not be or if it is not there as the applicant said. Then anything that is deteriorated, missing replaced with wood or smooth cement board or LP. Boyd said this seems to cover a lot of the unknowns for a synthetic siding removal project project. DeGraw said the second motion leaves open the option of discovering what's behind the aluminum siding if it is taken off, and then there could be consultations with Staff in order to move forward. She said that painting the aluminum siding does not look great at times, so she is willing to entertain the suggested newer material. If there was a way to see what was beneath the aluminum siding and to reimplement the details that are covered would improve the look of the house. Kuenzli said, with old houses that have siding put on them, she has never seen a case where the original wood siding was removed in order to put a vinyl on it. She said that she believes that the original wood siding is still there, and that it can still be saved. Pitzen said that it is important to have the options open after the removal of the siding and see what is underneath in case there are surprises. Boyd said he thought that was what the second recommended motion does. Traditionally as a Commission, we have said that if the original historic material is there we want to keep that and repair it. If it is not there, we want to mimic what that could look like. This is also what that second motion says. Kuenzli agreed. Russett asked the applicants if they would be agreeable to the second motion. Clore said that, once they remove the siding, half of the house is then exposed to the elements. They would wrap it in Tyvek. She said that they do not currently have materials, and have had trouble acquiring materials in the past, so she is afraid that they will be left with an exposed home during the winter. Because of this, she does not think that the second motion is feasible. Kuenzli asked why they do not want to use wood where they would remove the aluminum siding. Clore said it is harder to maintain and it has a lot of other issues. Clore said that putting cement board in for individual pieces would not work because it doesn't match and has a different thickness and reveal. Boyd asked about a motion to approve the removal or covering of the original and if that would need an exception. Bristow said that she had not included that in the staff report but yes, since the actions are disallowed by the guidelines, an exception would need to be used to approve it. Bristow explained the types of exceptions: documented exceptions included in each section (there are none for this project), exceptions for when the guidelines are silent or unclear (which is not the case here since it is disallowed) or it would be an uncommon situation. Bristow said the Commission would need to determine that the siding condition here was uncommon in the historic districts. 8 Bristow clarified that past projects have approved toothing in LP or cement board with wood siding. Some contractors apply for that. MOTION: DeGraw moved to approve a certificate of appropriateness for the project at 1133 East Court Street: removing the aluminum siding and either including the removal of the original siding and trim without regard to its condition or the installation of new siding over the original siding. Wu seconded. Motion failed with a vote of 1— 5 (Pitzen voting to approve). MOTION: DeGraw moved to approve a certificate of appropriateness for the project at 1133 East Court Street: removing the aluminum siding and repairing the original siding and trim, replacing deteriorated or missing pieces with wood, smooth cement board, or smooth LP SmartSide, any of which will match the original. Kuenzli seconded. Motion passed with a vote of 6-0. MOTION: DeGraw moved to approve a certificate of appropriateness for the porch reconstruction project at 1133 East Court Street as presented in the staff report with the following conditions: the new porch will mimic the porch at 1152 East Court Street, the new porch will not be permanently enclosed, all new materials will be wood or approved by Staff and Chair. Sellergren seconded. Motion passed with a vote of 6-0. REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Certificate of No Material Effect — Chair and Staff review 1133 East Court Street — Longfellow Historic District Roof shingle and front porch roof membrane replacement. 12 Bella Vista Place — Brown Street Historic District Bristow said that this property has a 100 -year-old clay tile roof that was damaged by the derecho. It will be replaced with new clay tile that matches the original and new copper pans for the internal gutters. REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Minor Review — Staff Review 533 South Lucas Street — Governor -Lucas Street Conservation District Storm damage was repaired to match existing. 420 East Jefferson Street — Jefferson Street Historic District New front step, no longer cast concrete but wood with handrail. 1527 Muscatine Avenue — Dearborn Street Conservation District Repair of stucco and windows with some badly deteriorated windows replaced 9 Staff Report December 3, 2020 Historic Review for 1133 East Court Street District: Longfellow Historic District Classification: Contributing The applicants, Gosia and Adam Clore, are requesting approval for a proposed alteration project at 1133 East Court Street, a Contributing property in the Longfellow Historic District. The project consists of the removal of the synthetic siding and the installation of cement board siding, either covering or removing original siding where it exists, and reconstructing the front porch which is currently enclosed. Applicable Regulations and Guidelines: 4.0 Iowa City Historic Preservation Guidelines for Alterations 4.1 Balustrades and Handrails 4.4 Energy Efficiency 4.10 Porches 4.11 Siding 4.14 Wood Z0 Guidelines for Demolition 7.1 Demolition of Whole Structures or Significant Features 10.0 Secretary of the Interior's Standards for Rehabilitation Staff Comments This house was built ca. 1910-1924 as a Foursquare with a low-pitched hip roof, flared eaves, and dormers. The dormers have paired windows. The windows in the main floors of the house appear to be one -over -one double hung windows. The porch was enclosed with combination windows about 1972. A 2 -story rear addition was added in 1998. The house is clad in aluminum siding which was likely installed during one of these projects. In 2005, the Commission approved changes to the rear deck built in 1998. In 2013, the Commission approved the installation of skylights in the south (rear) portion of the hip roof and the replacement of the vinyl deck railing with wood. Earlier in 2020, staff approved the replacement of the roof shingles, the replacement of the porch roof membranes, the installation of a railing on the second -floor rear porch and the removal of the aluminum siding at the front porch. Replacement and repair of deteriorated material to match the existing was included while the porch redesign would need to be approved by the full Commission. Current Project Description The applicant's original application in April proposed removing the aluminum siding and installing fiber cement board over any original siding underneath. The rear portion around the 1998 addition is assumed to have no siding underneath the aluminum. The siding and windows would be removed from the front porch and it would be reconstructed as an enclosed porch with column details and other associated trim. At one point, during discussion, the applicant suggested that a goal for the project was to remove all of the siding, trim, and sheathing to insulate the house. They have also suggested a desire to avoid lead contamination from the paint on the original siding. Finally, they have suggested removing all of the aluminum siding because of some derecho damage (that has not been documented so the extent is unknown) and installing new aluminum over the original siding. The original application also included the addition of three windows to the rear in the Southwest corner. While the porch and siding has been discussed multiple times, the window portion of the project has not been discussed further and no other information has been provided. That portion of the original application is not included here. For approval, clarification of window location and product information would be required, including elevation drawings showing the windows. Historic Preservation Guidelines The guidelines begin the Alteration Section (4.0) with the following statement: Alterations to both contributing and noncontributing properties, as well as landmarks, should be done in a manner that is appropriate to the style and age of the building, as well as its neighborhood context. The historic character and integrity of older buildings should be maintained by repairing historic components to the extent feasible and using traditional materials and techniques. Section 4.1 Balustrades and handrails recommends constructing or replacing missing balustrades by using historic photographs or by choosing a style that is consistent with the architectural style of the building. Section 4.4 Energy Efficiency recommends the following regarding insulation: "Insulate the attic, basement, and crawl space. About 20% of energy costs come from heat loss in those areas." This section includes recommendations to seal gaps and use weather-stripping to prevent heat loss. It also recommends repair and material reuse to prevent unnecessary landfill waste. In Section 4.10 Porches, the guidelines recommend repairing historic elements to retain them. and "replacing badly deteriorated elements with those that match the historic components in design and material." Porch floors would be vertical -grained Douglas fir porch flooring (which is tongue and groove). "Porch skirting must be added to fill the space below the porch floor porch between piers if the space is 18 inches or greater. It is disallowed by the guidelines to "enclose front porches with permanent windows or walls." According to the guidelines, "porches are the focus of many historic buildings and help define their overall character. In historic residential neighborhoods, front porches help to establish a sense of community. Front porches and sun porches should be preserved for both their architectural and social value." Section 4.11 Siding recommends "replacing deteriorated sections of wood siding with new or salvaged wood siding that matches the historic wood siding." It is also recommended to remove "synthetic siding and repair historic wood siding and trim." It is disallowed to "remove historic trim pieces such as door and window trim, skirt and frieze boards, and corner boards." "Matching synthetic siding may be used to repair damage to small sections of existing synthetic siding." Fiber cement board with a smooth finish is often an appropriate substitute for wood. This section also begins with an opening statement: "Wood siding along with the trim details and a variety of paint colors combine to make one of the most important defining characteristics of historic districts. This display of detail and color is essential to the character of the older neighborhoods, and therefore siding is protected by the design guidelines. The primary threat to the traditional appearance of older neighborhoods has been the application of synthetic siding. This has been installed in an effort to avoid periodic painting. While synthetic siding may last longer than an application of paint, it does deteriorate over time and does need to be replaced when it fades, cracks, dents, or deteriorates. The application of synthetic siding covers many architectural details of a building, damages the historic siding and trim, traps moisture within the walls, and in some cases, necessitates the removal of historic elements altogether. For all of these reasons the covering of historic properties with synthetic siding is not allowed." Section 4.14 Wood says it is disallowed to "cover original wood siding, soffits, and eave boards with another material..." It should be noted that section 4.9 Paint and Color includes many of the common practices for safe removal of lead paint. Section 10, Secretary of the Interior's Standards for Rehabilitation includes Standard 2 which says, "the historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided." Standard 3 says: "each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements form other buildings, shall not be undertaken." Standard 6 says "Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence." Historic Review This property currently includes two conditions which are disallowed by the guidelines, are currently grandfathered -in, and are the subject of this application: the aluminum siding and the enclosed front porch. Both situations may continue to remain with the approval of minor repairs indefinitely. The appropriate sections of the guidelines include specific recommendations on minor repairs. Siding When aluminum or steel siding is damaged by a storm, repair can follow the guidelines by toothing-in new siding in damaged areas, allowing the disallowed condition to remain. If the siding is no longer manufactured, it is often possible to find an approximate match or to move siding from one area to patch and residing its original location with new closely matching siding. One of the persistent barriers in matching synthetic siding is color. The original color will fade and crack over time, requiring maintenance. Steel and aluminum can and should be painted when the material fades. In an effort to reduce landfill waste, it is also a more sustainable solution than replacement. Painting will also allow a closely matching repair to blend with the rest of the house. Finally, repair and repainting will allow a house to maintain its synthetic siding following a storm or similar event because it meets the guidelines. New installation of synthetic siding on the entire house is disallowed by the guidelines. For this reason, staff recommends that storm damage is repaired following the guidelines by installing new or reclaimed material that matches as close as possible (lap -size and texture) and is painted as necessary. The guidelines recommend the removal of aluminum siding and the repair of the original siding and would also be the solution if aluminum siding was pervasively damaged. Where the original wood siding is heavily deteriorated, using new or reclaimed material to match the existing is recommended. The goal of the guidelines is to remove inappropriate materials and to repair, and return to use, the original material, exposing the original character and architectural details. The guidelines are clear that it is disallowed to remove original siding and trim unless it is deteriorated to be replaced with matching material. Covering original wood with synthetic material can damage the original material in the installation process and over time as moisture is trapped in the wall. Installing lap siding such as cement board over original siding would lead to increased damage to the original material because of the increased use of fasteners across the length of the material (as opposed to the periodic or edge fasteners used with most synthetic siding). Installing a material such as cement board over original siding also changes the relationship between the siding and trim and openings. One of the uses of trim is to bridge gaps between materials and at corners created by changes in depth or direction of the wall plane. While trim does not prevent water from entering the wall, it helps to direct water away. Aesthetically, trim is among the most important elements of the historic character of the building. It emphasizes elements and marks transitions. It creates a hierarchy of architectural elements. Adding a siding layer to the outside of a historic house alters all of these relationships. Gaps may be created where they didn't exist. Openings and their trim may appear more recessed than intended. Staff would not recommend approval of the application of another siding over the original siding on a historic house because is it disallowed by the guidelines, will damage the original material and impact the historic character of the building. It should be noted that removing all siding and trim on a historic house is not appropriate according to the guidelines even when the goal is to install insulation. In addition to reasons mentioned above, wholesale removal would likely damage previously undamaged pieces. Reinstallation of the original material would lead to permanent changes. Replacing this material with new, when it is not deteriorated is disallowed by the guidelines and would create unnecessary waste. The application of insulation in historic wood frame, plaster - walled residential construction is considered controversial in preservation literature. Unless the process includes the installation of a vapor barrier between the plaster and the stud -wall, moisture from the interior of the house can migrate into the wall cavity where it will condensate making the new insulation wet. This insulation can never dry out. This moisture trapped in the wall system can lead to the failure of the plaster but most often leads to a failure of the siding so that paint cannot adhere properly and fails. Rigid insulation installed between siding and sheathing will change the exterior details as discussed above. It also requires an air space between the insulation and the siding, further increasing the depth of the wall cladding. When homeowners want to increase the energy efficiency of historic homes, the guidelines and historic preservation sources recommend insulating attic floors and basements as well as sealing air gaps and applying weather- stripping. Wall insulation typically does not provide enough benefit to outweigh the cost and damage that can be incurred. A plaster and lath stud -wall system with board sheathing has a greater thermal mass than modern stud -wall system with sheetrock, making wall insulation less beneficial in a historic house. The attached document, "Energy Efficiency in Historic Homes" was created by Heritage Works for the city of Dubuque and discusses historic home energy efficiency in our local climate. The attached article by well-known preservationist, Bob Yapp, "Myths About Insulating Old House Walls" discusses insulation and these issues. Staff would not recommend approval of the removal of original siding and trim from a historic house unless it is deteriorated beyond repair. Porch For this porch, the porch piers, floor, and roof are most likely the only original remaining elements. The applicant's removal of the aluminum siding and windows is recommended by the guidelines. The guidelines further recommend that the porch is rebuilt either following photographic evidence, of which we have none, or as is appropriate to the architectural style, location and date of construction. Adding conjectural features that are not supported by this evidence could create a false sense of history and should be avoided. Since the house does not exhibit any evidence of overly elaborate trim details and it is a Foursquare built when Craftsman details were more popular than Queen Anne details, porch elements such as turned spindles and a spindled architrave (frieze board) would not be considered appropriate. Staff has reviewed properties similar to 1133 Court in an attempt to evaluate potential porch details to model for the reconstruction of its porch. Some of the architectural features which were compared are noted on the attached photos. While houses in the Northside neighborhoods were also reviewed, it was determined that Court Street had a large number of Foursquares with a wide variety of Architectural details so that the review could be very localized. While a significant number of these houses had an arched frieze board, there are others with a more simple, straight frieze board. Staff fords that while an arched frieze board could be supported if the applicant's wished, it would not be considered the only appropriate configuration. The number of columns also varies between two and three. In the cases where three exists, the porch stairs are framed on the inside by a half -column or tall pier. Since the two -column design is structurally more expensive and no more appropriate than the three -column version, staff supports the three -column design. Staff further finds that the porch columns and balustrade at 1152 Court Street is the most appropriate model for the porch reconstruction at 1133 Court. Several details in other properties staff does not find appropriate here, such as battered (sloped) columns, thinner proportions, and overly ornate balustrades. They are shown in the attached photos. Staff does not recommend approval of a porch reconstruction with permanent walls and windows because it is disallowed by the guidelines. The current enclosure will be entirely removed so it will no longer be grandfathered -in. The roof and floor, as original materials, should remain unless deteriorated beyond repair. Similar to other properties on Court Street, the applicants could construct the porch to mimic 1152 Court Street and install screens and storm windows. Screens and storm windows are not regulated and can be installed and replaced without approval. Only permanent walls and windows are disallowed but the guidelines. The porch at 1152 Court Street provides an example of a historic porch construction that could be partially enclosed, while still meeting the guidelines. Staff recommends approval of a porch reconstruction that mimics the porch at 1152 Court, does not remove original materials unless deteriorated, and is not permanently enclosed. Recommended Motions (Motions must be made in the affirmative and then voted down if the application is being denied.) Siding removal: Move to approve a Certificate of Appropriateness for the project at 1133 East Court Street, removing the aluminum siding and either including the removal of the original siding and trim without regard to its condition or the installation of new siding over the original siding. Siding repair: Move to approve a Certificate of Appropriateness for the project at 1133 East Court Street, removing the aluminum siding and repairing the original siding and trim, replacing deteriorated or missing pieces, with wood, smooth cement board or smooth LP Smartside, any of which will match the original Porch reconstruction: Move to approve a Certificate of Appropriateness for the porch reconstruction project at 1133 East Court Street as presented in the staff report with the following conditions: • The new porch will mimic the porch at 1152 East Court Street • The new porch will not be permanently enclosed • All materials will be wood or approved by staff and Chair 1133 Court Street • Dormers with paired windows - Flared eaves — Wide eaves 2nd floor window pattern one in each corner - Small window — Projecting bay Porch roof original here with low slope and wide eaves Fewer windows this side 2nd floor not sure if orig. — Mid-flight stair window Small window at base of stair / This house has three porch piers. Uncertain if the center one had a full -height column or not. Also not sure if the middle one is centered or off -center to help frame the entrance on the inside of the porch. The stairs and brick sidewalls are not original, do not match other brick on the house and don't fit properly between the piers so they were likely installed when porch enclosed. 1152 Court Street This house is similar but lacks the flared eaves. It has a similar window patterning and is not much older than 1133 Court. This house does have a bump -out on both sides instead of one. The porch has square, paneled columns with minimal capitals and bases.The balustrade is also paneled and an appropriate height if there are no code requirements for increased height. This example is the same width as 1133 Court and has three columns. The screens are protected around the storm door by a simple square spindled balustrade that requires only a minimal post hidden by the door framing. This type of porch construction provides a historic example that would also avoid more elaborate detail requiring photographic evidence. In Iowa City it could be considered to be very common detailing for a house of this style and era. Another view of the house at 1152 Court 1120 Court Street is a house with pronounced and even unique detailing. It would not be considered appropriate to mimic details such as this in a porch reconstruction with out photographic evidence that the house orginally matched it. Adding this type of detail woud create a false history and undermine the uniqueness of this design where it is original. This porch design is similar to 1152 Court Street but is not as good of an example for the porch reconstruction at 1133 Court. Staff does not know where this house is located or its age and style. The photo shows that it is a one or 1 1/2- story house and is more narrow than 1133 Court. This house also has exposed rafter tails and a gable on porch roof. The trim on the columns appears wider than 1152 Court. The panels of the balustrade and columns are both segmented unlike 1152 Court. HERITAGE WORKS ENERGY EFFICIENCY IN HISTORIC HOMES Guidelines for increasing comfort, saving money, and preserving historic character Your home is not just a roof over your head. It should be a pleasant, inviting environment, and a place of privacy, comfort and enjoyment. For many, their home is also their most valuable asset; the result of years of savings and hard work. Protecting that investment is extremely important. Protecting one's investment in a historic home brings along unique challenges. People choose to live in historic homes for a variety of reasons. In popular culture, historic homes are viewed as icons of the "American Dream," with the white picket fence, the front porch swing and the cozy hearth in the living room. Historic homes were built to last, incorporating expert craftsmanship and durable materials. No two historic homes are alike. Each has its own character and identity. But historic homes also have the reputation of being energy inefficient and difficult to maintain. They are thought to have drafty windows, high maintenance building materials and small, compartmentalized rooms. In today's world, people have expectations for comfort and livability that are different from those of the original builder. As a result, it is expected that an owner of a historic home will want to modernize his or her home and enhance its energy efficiency. However, it is important that the homeowner be aware that upgrades and alterations can be accomplished in a way that increases comfort, saves money and preserves the historic character of the home. This publication is a resource for owners of historic homes when they are considering options for upgrading and enhancing the energy efficiency of their homes. It outlines an easy -to -follow process that can assist the homeowner in both assessing their home and determining which strategies make sense in enhancing energy efficiency. A Historic Home's Character is Valuable A historic home's character adds value to the overall worth of the property. It is likely a one -of -a -kind design and incorporates materials that are unique, durable and nearly impossible to replace. Enhancing your historic home's energy efficiency will add to its overall value. However, if the energy efficiency enhancements destroy or impair historic character in the process, it is possible that property value may decrease. With proper planning, energy efficiency upgrades to historic homes can be accomplished without negatively impacting historic character, maximizing property value. 2 HISTORIC HOMES ARE INHERENTLY ENERGY EFFICIENT It is often said that "the greenest building is one already standing." But what does that mean when it comes to a historic home? Most homes built in the 1800s and early 1900s were designed and built without central heating and cooling systems. They were constructed to retain as much heat as possible in the winter months and remain as cool as possible in the summer months. If done correctly, energy efficiency upgrades that incorporate a historic home's inherently efficient design will result in a home that can bejust as energy efficient as a new home. Historic homes represent an accumulation of energy that went into extracting the raw materials, manufacturing the building products and constructing the home (also known as "embodied energy"). Maintaining a historic home and its materials saves the embodied energy inherent in the home. Choosing not to demolish the historic home to build a new home also saves energy expended in demolition and the embodied energy expended in building a new home. Additionally, maintaining a historic home keeps its building materials out of the landfill. SOUTIH • ELEVA'11ON FACING • WLSr - TNIRP - 5r5€Er Se Aie-W-W ASSESSMENT, THEN INVESTMENT The goal of any historic home energy enhancement project should be to incorporate cost effective solutions while retaining the home's historic character and value. Before a homeowner begins any energy efficiency improvement project it is vitally important that: Only after these assessments are complete should the homeowner begin energy enhancement investments. Knowledge saves time and money! PROFILES • OF • WOOD • TRW ,SCALE ONC-Rnrr-fulL•SIZE TONE nyro..neN d ns,MTv - •GF�7PFIIC SCALLS• EAST - ELEVATION CALE FET ,ALE -X. b WSCATF IN'"" RRf(R N bl ", OIL WTRLC �, „ �,� • E. UNGWOPTHT,RrSfDENCE-•DUBUQUE. IOWA • X14 „a. , d e E A historic home has unique character. Assessing your home's historic character before doing any work will minimize potential adverse impact on the homes historic features. Ra aloe• L, I -T'YICAL EI R,5t R[Oof� �AIxb '1DIN6- •MAIN • GU . cur-vur IN w RP. r LI Li .ImoN.yloc- R 2 - D* OR. CA MCI .FNY-MZi -yA'.WI �} qei 3 wlNnow LA]i No -n0 g oOR Rr•CwI- PROFILES • OF • WOOD • TRW ,SCALE ONC-Rnrr-fulL•SIZE TONE nyro..neN d ns,MTv - •GF�7PFIIC SCALLS• EAST - ELEVATION CALE FET ,ALE -X. b WSCATF IN'"" RRf(R N bl ", OIL WTRLC �, „ �,� • E. UNGWOPTHT,RrSfDENCE-•DUBUQUE. IOWA • X14 „a. , d e E A historic home has unique character. Assessing your home's historic character before doing any work will minimize potential adverse impact on the homes historic features. Assess your Home What gives your home its character? • Architectural style • Windows and doors • Chimneys • Trim and detail • Brick and stone • Woodwork and plaster Does your home have inherent energy efficient features? • Existing storm windows and doors • Porches and awnings • Solid masonry ■ Shade trees What is your home's current energy use? • A professional energy audit guides energy improvements • An energy audit will establish a baseline that will help measure the effectiveness of energy enhancements Knowledge saves time and money. 4 Making your home energy efficient while retaining its historic character enhances comfort, saves money and increases value Enhance your Home Reduce the Use ■ Passive heating and cooling ■ Appliances and lighting • Programmable thermostat • Close off unused rooms ■ HVAC tune-up ■ Use powerstrips Seal the Envelope • Seal gaps with caulk and weather stripping • Fireplace and flue • Add insulation • Window and door repair Upgrade! • Add or replace appropriate storm windows and doors (exterior or interior) • Replace boiler/furnace with an Energy Star model • Add solar or geothermal power 5 ASSESSING A HOME'S HISTORIC CHARACTER People are drawn to historic homes because of their unique features, distinctive character and charm. Character refers to the mixture of visual aspects and physical features that comprise the appearance of a historic home. Before doing any work on a historic home, it is important to identify the home's character defining features. There is a simple 3 -step process to assist in identifying a home's character -defining elements. STEP 1 Identify the Overall Visual Aspects of the Home • Architectural style; • Shape, setting, environment; • Roof and features (cupola, chimney, dormer); • Projections from the house, such as porches and bay windows; • Window and door openings (pattern, size, type); and • Materials (brick, stone, wood, etc.). STEP 2 Identify the Exterior Details This step involves examining the home at close range: • Surface quality of materials (texture and color); and • Surface evidence of craftsmanship or age (evidence of hand -tooling of stone, hand -carved wood or stone, unique mortar joints). 6 STEP 3 Identify the Visual Character of Interior Spaces, Features and Finishes • Spatial arrangements: How does the interior flow? • What are the unique features of the interior? (mantels, light fixtures, moldings and casings, staircases, etc.) • Are there any unique surface finishes? (parquet floors, pressed metal ceilings, grained doors, stencil painting, hand painted murals, etc.) CHARACTER DEFINING HISTORIC FEATURES 1192 LOCUST STREET, DUBUQUE ITALIANATE ARCHITECTURAL STYLE BRICK MASONRY CONSTRUCTION - BELVEDERE CUPOLA - WIDE EAVES WITH WOOD BRACKETS WOOD ONE -OVER -ONE DOUBLE HUNG WINDOWS WITH LIMESTONE SILLS AND LINTELS WOOD PORCH WITH DECORATIVE BRACKETS AND COLUMNS 1 ■ ■ INHERENT ENERGY EFFICIENT DESIGN Most homes built before World War II have numerous features designed to retain heat in the winter and expel heat in the summer. With the widespread adoption of central heating and cooling in the mid -20th Century, many of these features were either forgotten or altered. With knowledge of a home's inherent energy efficient design, a homeowner can incorporate existing efficiencies into planned energy efficiency enhancements. Design features to look for include: Site Orientation • More intensely used spaces are oriented to the south and west, to maximize natural light and heat gain in the winter. • Deciduous trees provide shade in summer but admit winter sun when leaves have fallen. • Evergreen trees provide year-round windbreak Roof Overhangs Large overhangs keep high summer sun off the walls while admitting the lower winter sun. Porches Provide summer shade and sheltered outdoor living space. ENERGY EFFICIENT DESIGN FEATURES 975 KIRKWOOD STREET, DUBUQUE Massive Masonry Walls • In winter, masonry absorbs heat from the sun during the day, releasing it at night. • In summer, masonry absorbs heat from the sun slowly, so the interior stays cooler than midday exterior temperature. Stored heat is released at night when its cooler. Transoms Provide natural light to hallways and vestibules. Skylights, Clerestories and Dormers Provide natural light and ventilation to top floor interior spaces. Storm Windows Provide additional protection from elements during winter months and prevent air infiltration. TREES FOR SUMMER SHADE ATTIC VENTILATION FOR SUMMER COOLING LARGE, DEEP EAVES FOR SUMMER SHADE WOOD STORM WINDOWS TO MINIMIZE AIR FILTRATION SOUTH FACING PORCH FOR SHADE AND OUTDOOR LIVING IN SUMMER 7 12" ASSESSING A HOME'S ENERGY PERFORMANCE Many utility companies offer homeowners a free energy audit. It's always a good idea to schedule a utility company's energy audit before you start any work to make sure you pre -qualify for available rebates. In Dubuque, both Black Hills Energy and Alliant Energy offer a free basic energy audit. Depending on what you learn from the free energy audit, it could be important to also hire a professional energy consultant to help guide your planning process for energy upgrades. A professional energy consultant should be able to provide an analysis of your current energy use and make projections about energy savings from improvements to your home. You should look for someone certified by BPI (Building Performance Institute) or RESNET (Residential Energy Services Network). Comprehensive energy audits (often called "Home Performance Assessments") should include diagnostics performed with a blower door, infrared camera, and gas analyzer. The blower door test will determine how leaky the home is and potential savings that could come from air sealing work. The infrared camera can see into the walls and identify areas that are missing insulation. The gas analyzer will check for any gas leaks and detect for potential carbon monoxide issues that could be a health and safety problem. WHAT IS A "HOME PERFORMANCE" ASSESSMENT? This type of assessment goes beyond just looking at energy issues in a house. Your house is a "system" with many interactions. Some energy improvements (like insulation) have the potential to increase hazards like moisture, carbon monoxide, and radon. A Home Performance Assessment will cover health and safety issues in addition to energy efficiency. Look for someone with professional certifications like BPI or RESNET. The following chart shows an example of annual utility costs broken down for a typical 1,800 square foot house: ELECTRICITY USE Air conditioning Lighting Clothes washer Refrigeration/freezer Television/cable/DVR Computers Dishwasher Other electronics, etc. Annual Electricity Cost: $200 $200 $200 $150 $150 $100 $100 $100 $1,200 NATURAL GAS USE Furnace Water heater Stove, dryer, etc. Annual Natural Gas Cost: $650 $250 $100 $1,000 TOTAL ANNUAL UTILITY COST: $2,200 The energy consultant may make upgrade recommendations that not only save a significant amount of energy and money, but also qualify for generous rebates from your local utility. Be sure to check your utility's website for the exact rebate amounts on upgrades like: • Increased levels of insulation and air sealing work • A new high efficiency furnace and/or air conditioning system • A new water heater • A new washing machine • New LED lighting In addition to advising you on energy improvements, a good consultant will also make sure you are aware of potential problems that could arise from making improvements. For example, some common recommendations might include: • Addressing moisture issues in your basement • Replacing knob and tube wiring before adding insulation • Adding a powered vent to your water heater • Adding a radon mitigation system Use the information from your Home Performance Assessment to make the simplest efficiency improvements first. Home Energy Score Address: 12345 Honeysuckle Lane Smithville, AR 72466 Uses more energy Your horse's 3 current score 11 1 2 Home size: Year built: Air conditioned: 3 4 5 6 1,800 square feet 1970 Yes Recommendations Score with improvements 7 Estimated annual savings 7 $411 8 9 10 Uses less energy There are a variety of energy audit reports used by utilities and energy consultants. The U.S. Department of Energy has developed a report called the "Home Energy Score" that can help guide homeowners in their upgrade decisions. 9 REDUCE THE USE COMMIT TO ENERGY SAVING BEHAVIORS There are a number of energy efficiency strategies that can be implemented for little cost and without impacting a historic home's character. You may already be doing some of these! Utilize your programmable thermostat According to the U.S. Department of Energy, you can save as much as 1% for each degree setback for a period of 8 hours. If you adjust your thermostat in the winter from 70 degrees to 66 while you're sleeping or at work, you can save about 4%. Shut things off completely Everybody knows they should shut their lights off when they leave a room, but many electronics don't completely shut off unless you actually unplug them. However, using a powerstrip is just like unplugging. Connect your television, cable box, and video game machine to a powerstrip and turn it off every night. Take advantage of passive heating and cooling Many historic homes were designed with operable transoms for natural ventilation when it gets warm. Ceiling fans help circulate air really well, too. When it gets cold, heavy drapes or blinds can cut down convective currents near windows. Make sure the windows are clear again to let through the warmth of the sun. Care for your heating and cooling systems Regular maintenance of your furnace and air conditioner can save you money while prolonging the life of the equipment. Be sure to change out your furnace filter on a regular basis. Clean your air conditioner's outside unit at least once a year by removing debris and spraying it down with a hose. Have a professional tune up your furnace and air conditioner before each season. Close off unused rooms Sometimes there are rooms that don't need to be heated and cooled as much as the rest of the house and can be closed off to save you money. However, it's important to keep your heating and cooling system properly balanced so consult a professional before just closing off all the vents in a room. With a Wi-Fi thermostat you can control your heating and cooling from the palm of your hand and save money on your utility bills. 10 COMMIT TO MAKING LONG-TERM INVESTMENTS IN YOUR HOME If your home is a hundred years old, chances are it is going to be around for another hundred years. Pay special attention to the envelope The "envelope" of your house is anything that is part of the barrier between inside and outside. Investments you make in envelope improvements like insulation and air sealing can reap rewards for many decades of energy savings and comfort. But beware of poorly designed solutions that can lead to mold and rot and contribute to unhealthy indoor air quality. Use durable, traditional materials Old growth wood, hardwoods, granite, slate, and terrazzo are all materials that add value to your home and last a long time, saving you money on replacement costs. Avoid removing old growth wood trim and replacing it with short-lived, wide -grained contemporary wood or vinyl. Especially consider restoring historic wood windows rather than replacing them with new windows. Invest in high -efficiency equipment High -efficiency equipment may be more expensive to purchase but will save you more money in the long run. Look for ENERGY STAR rated equipment and appliances. Rebates are typically better for higher efficiency equipment as well. Once you improve the envelope you may be able to replace the heating and cooling systems with smaller units that are less expensive to purchase and operate. SEAL THE ENVELOPE The biggest source of energy Toss in most homes comes from "conditioned air" (air that has been warmed by a furnace or cooled by an air conditioner) escaping to the outside. While many people immediately think of a drafty window or door, the majority of air is actually escaping through the attic. Most attics are intentionally vented so the air that's moving from the house to the attic just flows right outside. A big part of what's happening is called the "stack effect." Air is coming into a house through a "leaky" basement and pressure caused by the stack effect moves that air upwards and out of the house through the attic. Air Sealing The best way to solve the problem of a "leaky house" is to seal all the cracks and openings in both the basement and the attic. This slows STACK EFFECT Warm Air *Cold Air down the stack effect and keeps conditioned air from escaping. The most common tool for doing this work (called "air sealing") is a can of spray foam like Great Stuff. Larger openings can be blocked off with pieces of rigid foam. While you can tackle some of this work yourself, a professional contractor typically uses a blower door to accelerate the air flowing through the house to find all the holes to be sealed. Common areas that need air sealing: • Large openings in the attic along the outside walls • Chimney through the attic (be sure to use appropriate materials on heated surfaces like chimneys) • Attic hatch or entrance • Can lights open to the attic • Ductwork and piping penetrations in both the attic and basement • Area along the top of outside basement walls (called sill plates) • Outlets and switches • Windows and doors INFILTRATION Rim Joints + Still Plates 4 Chimney 4 Ce MII Warm Air Cold Ait Attic Hatch Outlets 11110 1,7 Aroundirndows 11 This image shiM the approximM amount of air leakage comic various locatic throughout a f♦ Insulation Insulation is also critical for heat loss, of course. It just isn't as effective if air is zipping around it through holes that need to be sealed. You can tell this is happening in areas where you see dirty insulation (it's working like a filter to catch the dirt while the air is just moving through it). Once the air leaks have been sealed, it's time to focus on improving the insulation levels. Most historic homes were not originally insulated, so if there is currently insulation it was added much later. The current code requirement for attic insulation in new homes in a cold climate is R-49. This is most easily achieved by blowing in 15-18 inches of cellulose or fiberglass insulation. Insulation in a basement can be a little trickier, and if you have moisture concerns, you may only be able to insulate the areas that are above ground level. Insulating walls can also be difficult or not possible if there is knob and tube wiring still in the walls. The most common method is to drill holes and blow in "dense -packed" cellulose. One of the advantages of this method is the added air -sealing qualities of dense -pack cellulose. Newer technologies such as 12 spray -foam insulation have become popular in new construction, but are not recommended in historic homes, as they can create moisture issues. nps.gov It is also important to insulate pipes and ductwork. If there is ductwork running through an attic it should be wrapped with a minimum of R-5 insulation. Hot water pipes in a basement should be insulated (all pipes should be insulated if there's any chance of freezing) and the water heater tank should also be wrapped in insulation. The following table lists some insulation R -values per inch for popular insulation materials: INSULATION TYPE R/INCH Fiberglass batts, blown, board Cellulose blown Mineral wool batts, blown, board Vermiculite or perlite Expanded polystyrene (white) Expanded polystyrene (blue/pink) Polyisocyanurate board 2.4 - 4.4 3.0 - 3.6 2.4 - 4.4 2.3 - 2.7 3.6 - 4.2 5.0 5.6-7.6 Window Restoration Original wood windows are the soul of a historic home. They are often the most important character - defining elements of a home. Typically made of old-growth lumber that is rot resistant, historic wood windows were built to last hundreds of years. Unfortunately, historic wood windows are often the first casualties of a poorly planned historic home rehabilitation project. As a result, historic character is irretrievably lost for little or no economic savings. REPLACE HISTORIC WOOD WINDOWS ONLY AS A LAST RESORT Homeowners often believe that just replacing their original single pane windows with new double pane windows will result in significant energy savings. However, studies have shown that only about 10-15% of a home's energy loss is through its windows. The U.S. Department of Energy estimates that windows are responsible for only 25% of a home's heating bills. Window replacement is one of the more expensive home renovation projects. Depending on the cost of a window replacement project, the National Trust for Historic Preservation estimates that the average payback period for replacement windows is 40 to 250 years. The average lifespan of a replacement window is about 20 years, far shorter than the payback period. Window replacement is usually a bad investment for a historic homeowner. The greenest windows are the historic home's original windows. A good storm window combined with a restored single pane window is very close to the insulation value of a new double pane window. Windows are often the most important character defining feature of a historic home. A restored window with properly installed storm can be just as energy efficient as a new window. What's more important for windows is that they are working properly and sealed to prevent drafts and moisture. Saving historic windows keeps their materials out of the landfill and saves the embodied energy both in the original window and that expended in the construction and transport of the replacement window. When considering what to do with historic windows, all owners of historic homes should first consider restoring their original windows. There are many advantages to restoring instead of replacing your original wood windows: • The original wood is much higher quality and long-lasting than wood used to manufacture windows today. • Wood windows were constructed to be repaired. If one component fails, it can be repaired or replaced. If a component of a replacement window fails, the entire window must be replaced. • Wood windows can be retrofitted with weather stripping, which increases the energy efficiency of the window. • The cost of properly restoring original wood windows is usually less than the cost of new windows. • The historic character of the home will be preserved. When original windows MUST be replaced, be sure to choose a style and material that complements the home's original design. 5laua SMEATMWq CAbINIA 19LI1.Id bap sror FLAWe.R. aLATI.I HEA GES HEAD rxxtrlu - J —'- pull -EY +Ak COG OR GHAT IJ WGGIHT WYJ4MC>- N-1AMi3 SILL PALL eRAt-1( APROR[ STOP Anatomy of a Double -Hung Window P.M -.9.11,,X. ms. 13 CJ UPGRADE! Once you've sealed the envelope, it's time to consider upgrading the other energy consuming systems in your home. Furnace Especially in a cold climate like Dubuque, the furnace is the most important system to address. Forced -air, natural gas furnaces are the most popular and cost effective heating systems in this area. If your furnace is older than 12 years and not a high -efficiency (sealed combustion) furnace, you should consider replacing it. You should also make sure to consider improvements to the ductwork which can result in both significant energy savings and more consistent temperatures throughout the house. A professional energy consultant can help recommend the best improvements in this area. A high -efficiency furnace includes a sealed combustion area that uses PVC piping for air intake and exhaust as shown in this photo. 14 Geothermal Another highly energy efficient heating source to consider is a geothermal system. These systems are all -electric and provide both heating and cooling. Some important factors when evaluating a geothermal system: • Must have a tight, well -insulated house for it to be effective • Must have a good area on property to drill the wells (not too rocky) • Current air conditioning system is near end -of -life in addition to furnace • Convert all gas-fired appliances to electric to eliminate gas bill completely Geothermal heating Liy�id runs II:rU�c� pipes sunk into the earth and draws warmth from the constant temperature there. The heal is piped into an indoor unil and draulated through the house. During warmer months, the same system helps to cod the house. Six to seven feet below ground. In this area, the earth Stays a1 58 degrees year-round. mills-inc.com Water Heater Water heaters are another significant source of energy use. Like furnaces, natural gas is the most popular and cost effective fuel for water heaters in the Dubuque area. On -demand (or tankless) water heaters are more efficient than standard tank water heaters. One reason for this is that there are no "standby losses" from hot water sitting in a tank for long periods of time before it's used. If you were trying to go all -electric, a high efficiency option is a heat pump water heater that transfers energy from the surrounding air to the water in the storage tank. Lighting Compact Fluorescent Lights (CFLs) were a popular energy saving choice for many years, but LEDs are now the preferred type of energy efficient lightbulb. If your house is still filled with incandescent bulbs you will see a dramatic savings from converting to LEDs. An equivalent 60 watt bulb uses only 10 watts which means a savings of over 80%. LEDs also last much longer, with estimated life -spans up to 20 years. In recent years, the cost to purchase these blubs has decreased significantly, and there are many more options to choose from. Appliances The main appliances you should consider for energy savings potential are your refrigerator, clothes washer, and dishwasher. Always look for ENERGY STAR rated appliances and for even better savings consider products listed as "ENERGY STAR Most Efficient 2016." You can search for products at the www.energystar.gov website. Solar Once you've completed all the possible energy efficient upgrades on your house, consider if adding a solar system might make sense. State and Federal tax credits make solar a very attractive option right now. Some important factors when evaluating a solar system: • Roof was recently replaced or needs to be replaced. • Good area of nearly south -facing roof. • Able to be set back far enough from front of house (as described in the City of Dubuque's Architectural Guidelines). REDUCED UTILITY COST BREAKDOWN The following table shows a 250 overall reduction in annual utility costs compared to the pre -retrofit table shown on page 9. : ELECTRICITY USE Air conditioning Lighting Clothes washer Refrigeration/freezer Television/cable/DVR Computers Dishwasher Other electronics, etc. Annual Electricity Cost: $180 $80 $140 $120 $120 $80 $80 $100 $900 NATURAL GAS USE Furnace Water heater $450 Stove, dryer, etc. $200 $100 Annual Natural Gas Cost: $750 TOTAL ANNUAL UTILITY COST: $1,650 15 The experience of living in a historic home can be greatly enhanced when the homeowner makes energy efficiency improvements. Assessment of the home's historic character, its already existing energy efficient features and the home's existing energy use prior to completing any energy efficiency improvements will assure that the home's historic character is minimally impacted and that the homeowner's money is spent wisely. Dubuque, Metropolitan AreaSolid Waste Agency !MAMMA pmuMirgenvtmnrrmnroilyroimd�rolro wnsmsoluNons' The Energy Efficiency in Historic Homes: Guidelines For Increasing Comfort, Saving Money and Preserving Historic Character provides a framework for owners of historic homes when contemplating energy efficiency enhance- ments. These guidelines are not intended to be a thorough manual of practice for complete energy upgrades of historic buildings. For more information, visit www.heritageworksdbq.com, or contact us at info@heritageworksdbq.com. HERITAGE TRAMHEA WORKS ENERGY This research and publication have been paid for by a grant from the Dubuque Metropolitan Area Solid Waste Agencys. Authors: Heritage Works, Inc. and Trailhead Energy Research and Editors: Eric Coffman, Trailhead Energy; Duane Hagerty and Rachel Wilberding, Heritage Works Design: Erin Neises, Neises Design Myths About Insulating Old House Walls Submitted by Bob Yapp on Sun, 06/07/2009 - 2:48pm I was recently chatting with a neighbor who asked, " We love our 100 year old home. However, it sure is a drafty old place! We're interested in blowing insulation into the walls, what do you think Bob?" Let me start by saying, if you live in an old house you are part of a large group of plaster dust lovers. I have great respect for and kinship with people choosing to live on tree -lined streets full of unique old homes with character. Having said that, it's time for an old house reality check. If your goal is to continue loving your old house, make it energy efficient while keeping your costs down, then you absolutely don't want to blow insulation into the sidewalls. One of the top reasons for exterior paint failure, termites and structural damage to old houses is loose cellulose or fiberglass insulation blown into the sidewalls. "Hey, wait a minute Bob, if we can't insulate the sidewalls, how can we afford to heat our old house?" That's a valid question but you need to think of air movement in your house as if the house were a chimney. Heat loss primarily happens in an upward movement. So, I want you to insulate your attic space to an R -value that matches the region you live in. The U.S. Department of Energy has a map showing the zones, www.energystar.gov. After insulating your attic be sure you have good eave-to- roof -peak ventilation. You should also friction fit foam board insulation into the box sills in your basement (the area where the beams or floor joists rest on top of the foundation). Most building codes today require that when a new house or addition is built in a northern climate, it must have a vapor barrier. When a new house is going up, they frame the sidewalls and install exterior sheathing. The next step is to go inside and install fiberglass, batting insulation between the 2" x 4" or 6" studs. Before the drywall can be installed over this wall, 4 mil thick plastic sheeting must be laid over the insulation on the entire wall. That plastic sheeting acts as the vapor barrier. We create warm moist air in our homes by cooking, taking showers, having plants, breathing etc. That warm, moist vapor is attracted to the exterior walls. This vapor enters the wall through hairline wall cracks, outlets, switches and window trim. In new construction, the plastic vapor barrier under the drywall stops the wet air from getting to the insulation and condensating. In old houses with plaster walls, there is no vapor barrier under the plaster so the wet air hits the insulation and condensates. This wets down the blown -in insulation making it a wet mass at the bottom of the wall cavity creating an inviting place for termites and dry rot. Then the moisture enters the exterior sheathing and wood siding causing permanent exterior paint failure. Since the homeowner, for some "unexplained" reason, can't keep paint on the house anymore, they call the vinyl siding salesman. This makes the problem even worse as you now have backer board (insulation board) and vinyl siding which in combination creates a vapor barrier on the outside of the wall that stops the free exchange of air, trapping more moisture. The other big issue is "pillowing". Today we have dense pack cellulose insulation as well a foam. The installers cannot control the pressure of these products being jammed into your plastered wall cavity. They should only be used with open walls which means losing all your original plaster. Foam expands and the pressure used to install dense pack cellulose properly cannot be controlled within a closed wall. I am seeing catastrophic plaster failures in old and historic homes with these two products. The pressure from the installation process is great enough to loosen the nails holding the wood or wire lath to the stud wall. Once this happens the plaster bows inward, begins to crack and loses its bond to the lath. The other factor that must be examined is payback. Lets say you spend $4,000 to have your old house walls insulated. In my experience you would probably save about $200 per year on heating and air conditioning costs. So, it would take twenty years to recoup the money you spent on the insulation. Results and pricing can vary and this doesn't take into account the termites, dry rot or paint failure. I've inspected thousands of old houses with blown -in insulation and over 8o% of them have this wet insulation problem. If your house is drafty then tighten it up. Weather-strip your windows and doors, keep the house painted/caulked well, insulate the attic and box sills. This will stop the air infiltration, make you more comfortable and really save money on utilities. For those who have already blown insulation in their old homes, it can be removed. You'll need to remove several courses (rows) of siding and sheathing from the bottom of each side of the house as well as above the windows and doors. Just pull out the wet mess, let the wall dry out for a while and re- install the siding and sheathing. You can also try to create a vapor barrier with special interior, vapor barrier grade paints. The effectiveness of the paints is severely limited and you'd still have to caulk all the window trim, outlets and switches. If you do this you'll also want to take the 1" diameter plastic plugs out of the siding. This is where they drill those attractive holes in the outside wall to blow-in the insulation. Replace them with screened and louvered 1" diameter vent plugs. After about a year the wall should be dried out and you can fill the holes or replace the siding or stucco in those areas. You can buy these vent plugs at lumberyards. Again, the primary issue for energy efficiency is stopping excessive air infiltration. There is no reasonable payback to blowing insulation, foam or dense pack into the plastered sidewalls of your old or historic house. This practice has truly been the ruination of many of our historic central city homes. For more information go to www.nps.gov and look for Preservation Briefs on energy efficiency. This is the site of the National Park Service. Iowa City Historic Preservation Siding and Trim replacement projects 2015-2020 Statistics 27 siding replacement projects 2015- 2020 Removed synthetic/ inappropriate siding: 8 Removed non -historic but appropriate siding: 2 No existing siding to match: 0 Spot replacements to match existing/historic/original: 17 Removal of all original siding (deteriorated): 5 Removal of all original siding (not documented deteriorated): 2 (both denied by HPC) Summary Projects that removed synthetic/ inappropriate siding: 828 Dearborn (on non -historic addition), 11-15 N Dodge (on non -historic addition), 610 Ronalds, 715 Summit, 1117 Seymour, 503 Grant, 430 Ronalds, 418 Church Projects that removed non -historic but appropriate siding: 1117 Seymour (lap siding which replaced original asbestos and was covered with synthetic), 904 Bowery (shingle siding covering original lap siding) Projects with no existing siding to match: none (can look back to 2004 and 725 Summit- asbestos removed, no original siding underneath, HPC approved siding and trim design based on architectural evidence) Projects with removal of all original siding: 932-936 Dearborn (deteriorated and non -historic), 408 Fairchild (deteriorated, gables only), 409 Grant (deteriorated, non -historic, gables only), 425 Clark (historic, deteriorated and documented) 656 S Governor (vinyl original, deteriorated, non -historic, reinstalled vinyl) Projects with spot replacements to match existing/historic/original: 1009 E College, 828 Dearborn, 1024 Woodlawn, 620 Summit, 530 Ronalds, 610 Ronalds, 120 Fairchild, 715 Summit, 523 Grant, 314 Summit, 927 S 7th, 217 Davenport, 1022 E College, 407 Brown, 503 Grant, 430 Ronalds, 418 Church, 904 Bowery Detailed project list 1009 E College, 2015 (deteriorated siding and trim replacement to match existing) Minor Review by staff, contributing to a Historic District: Approved as cement board to match existing (vinyl trim not approved) 828 Dearborn, 2015 (non -historic siding on addition removed and replaced to match historic, deteriorated historic siding replaced to match existing) Major review by HPC because it was part of a larger project, contributing to a Conservation District: Approved as wood because that was the material in the application 11-15 North Dodge, 2015 (non -historic siding on addition removed and replaced to match historic) Minor Review by staff, non-contributing to a Conservation District: approved as LP Smartside to match Siding and Trim replacement projects 2015-2020 1024 Woodlawn Avenue, 2015 (deteriorated siding, sills, and balustrades replaced to match existing) CNME review by staff and Vice Chair, contributing to a Historic District: approved as wood or cement board 620 Summit, 2015 (damaged siding and soffits replaced to match existing) CNME review by staff and Chair, contributing to a Historic District: Approved as wood because that was the material in the application 530 Ronalds, 2015 (damaged siding and crown replaced to match existing) CNME review by staff and Chair, contributing to a Historic District: approved as salvaged wood siding or cement board as stated in the application 610 Ronalds, 2016 (aluminum siding removed and deteriorated siding and trim replaced to match as needed) Major review by HPC as part of a larger project, contributing to a Historic District: approved as wood because that was the material in the application 120 Fairchild, 2016 (deteriorated siding and trim replaced to match existing) CNME review by staff and Chair, local landmark: approved as wood because that was the material in the application 932-936 Dearborn, 2016 (deteriorated siding replaced) Minor review by staff, non -historic property in a conservation district: approved as vinyl through an exception published in guidelines, with matching lap size 715 Summit, 2016 (removal of aluminum siding and repair of original siding and trim, replacing to match existing if deteriorated), Minor review by staff, contributing to a Historic District: original application to remove aluminum and cover existing with cement board not approved (house had very little siding damage) 523 Grant, 2016 (replacement of deteriorated siding on garage with new to match original) CNME review by staff and Chair, contributing to a Historic District: approved as wood as stated in the application 314 Summit, 2017 (replacement of deteriorated individual pieces of siding and trim to match existing) Major review by HP as part of larger project, contributing to Historic District: approved as wood (it should be noted that HPC approved redesign of porch columns (removing arch) per architect recommendation. While part of goal was to allow more light in, it was also shown that the arch was no longer structurally sound (thinner and longer than others) 408 Fairchild, 2017 (replacement of deteriorated cedar shake siding in roof gables) CNME review by staff and Chair, contributing to a Historic District: approved as wood as stated in the application- all cedar shingles were replaced, overall deterioration noted during site visit 409 Grant, 2017 (replacement of deteriorated non -historic siding in roof gables) Minor review by staff, non -historic property in a historic district, approved as wood or wood replacement, all material replaced to match existing 318 Gilbert, 2017 (replacement of original reparable siding with synthetic siding denied by HPC and unsuccessfully appealed to Council), Major review by HPC, non -historic property in historic district, Siding and Trim replacement projects 2015-2020 property considered worthy of preservation because recognizable Ranch house, common infill in this district. Original siding has been prepped and painted as recommended by staff 425 Clark, 2018 (replacement of deteriorated original siding with cement board) Minor review by staff, contributing property in a conservation district, siding permanently compromised by recent installation of modern insulation. Condition of siding reviewed onsite and cause of damage determined prior to approval. Moisture meter could have been used but not necessary. Cement board lap and texture matches original siding. No trim work included 927 S 7th, 2018 (replacement of deteriorated shingle siding and trim in dormers with cement board and Azek to match existing) Minor review by staff, Contributing property in a conservation district 656 S Governor (replacement of original vinyl siding with new vinyl siding, siding deteriorated) Minor review by staff, non -historic house in conservation district. House built in 2003. Siding 15 years old and needed replacing 1117 Seymour Ave, 2019 (removal of vinyl siding and non -historic lap siding after verification, replacement in shingled siding to most closely match original asbestos siding. Original siding configuration verified by nailing pattern) major review by HPC as part of larger addition and garage project. Gables changed through intermediate review by staff and chair. Original gable siding unknown. Contributing property in historic district 217 Davenport, 2019 (replacement of deteriorated siding with wood to match existing), minor review by staff. Key property in historic district, Damage reviewed and cause of moisture repaired with project 1022 E College, 2020 (deteriorated siding replacement with new wood siding to match existing), CNME review by staff and chair, contributing to historic district, wood per application 407 Brown, 2020 (deteriorated siding replacement with new or reclaimed wood to match existing), CNME review by staff and chair, contributing to historic district, wood per application 503 Grant, 2020 (aluminum siding removal, original siding and trim repair, non -historic siding removed and replaced to match existing) Minor review by staff, contributing to historic district, siding condition and trim repair needs reviewed by staff 430 Ronalds, 2020 (aluminum siding removal, original siding and trim repair with wood) Minor review by staff, contributing to conservation district, siding condition and trim repair needs reviewed by staff 418 Church, 2020 (aluminum siding removal, original siding and trim repair with wood) Minor review by staff, contributing to conservation district, siding condition and trim repair needs to be reviewed by staff when exposed 904 Bowery, 2020 (non -historic shingle siding removal and repair of original lap siding and trim with wood, Minor review by staff, contributing to conservation district, siding condition and trim repair needs to be reviewed by staff when exposed 1133 E Court Street, 2020 (removal of aluminum siding and removal of original siding or covering of original siding with cement board denied by HPC), Major review by HPC, contributing property in historic district From: Geoff Fruin To: Anne Russett; Tracy Hightshoe; Danielle Sitzman Subject: FW: Appeal to a denial of COA Date: Sunday, December 20, 2020 8:43:40 PM Attachments: We sent you safe versions of your files.msq 1133 Court Street Denial COA.pdf FYI. From: Gosia Clore <gosiaclore@gmail.com> Sent: Saturday, December 19, 2020 4:42 PM To: Council <Council@iowa-city.org> Subject: Appeal to a denial of COA Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. To Whom it May Concern, We would like to appeal the denial of Certificate of Appropriateness issued by the HPC. Please refer to the attached. Thank you. Most truly, Gosia and Adam Clore 1133 E Court St Iowa City, IA 52240 Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 DENIAL OF CERTIFICATE OF APPROPRIATENESS 1133 East Court Street A meeting of the Iowa City Historic Preservation Commission was held as an electronic meeting through the Zoom meeting platform on December, 10, 2020. The following members were present: Kevin Boyd, Sharon DeGraw, Cecile Kuenzli, Quentin Pitzen, Jordan Sellergren and Austin Wu. By a vote of 1-5 (Boyd, DeGraw, Kuenzli, Sellergren and Wu voting no), the Commission failed to approve a Certificate of Appropriateness for an alteration project at 1133 East Court Street, a contributing property in the Longfellow Historic District. The proposal consists of the removal of the aluminum siding in its entirety and either the installation of new aluminum siding or cement board siding over any existing historic siding or the removal of any existing siding in its entirety, regardless of condition and replacement in cement board in a configuration to be determined by the applicant. The existing trim is also proposed to be replaced regardless of condition, in a configuration to be determined by the applicant. The proposal was denied for the following reasons: • The proposal does not meet the standards set in section 3.2, 4.11 or 4.14 because it would remove historic wood siding and trim that is not deteriorated and replace it with new material that does not match the existing (4.11), or it would cover original wood siding with another material leading to the potential of increased further damage (4.14). In addition, the Commission could not find an exception to the guidelines to approve the proposal since this proposal does not meet the conditions of any documented exceptions, the situation is not uncommon, and the guidelines are not silent or unclear on this topic (3.2) • Wood siding and trim details combine to make one of the most important defining characteristics of historic districts and are therefore protected by the guidelines. • The proposal contradicts Standard 2 of the Secretary of the Interior's Standards, included in the historic preservation guidelines which reads, "the historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided." • While aluminum siding covers the existing original siding, impacting the historic character of the house, it is a reversible condition since the removal of the aluminum siding would expose the historic siding and trim Removal of the historic siding, however, would permanently alter the historic character of the house, unless the material was deteriorated and the new material match the original An alternate proposal, as described by the Commission, is approved separately on the Certificate of Appropriateness for the porch reconstruction project. The decision may be appealed to City Council, which will consider whether the Historic Preservation Commission has exercised its powers, and followed the guidelines established according to this Title (Title 14 of Iowa City Zoning Code), and whether the Commission's action was patently arbitrary or capricious (Iowa City Zoning Code, Article 14 -8E -2D). To appeal, a written letter requesting the appeal must be filed with the City Clerk no later than 10 business days after the date of the filing of this certificate. 4v; �•� Kevin Boyd, Chair Iowa City Historic Preservation Commission 1Cu Jessica Bristow, Hioric Preservation Planner Department of Development Services 12/15/2020 Date Item Number: 7.b. CITY OE IOWA CITY www.icgov.org January 19, 2021 Motion setting a public hearing for February 2, 2021 on an ordinance conditionally rezoning property located south of Kennedy Parkway and west of Camp Cardinal Blvd from Interim Development -Research Park (ID -RP) zone to Rural Residential (RR -1), High Density Single -Family (RS -12), Low Density Multi -Family (RM -12), and Medium Density Multi -Family (RM -20) for approximately 27.19 acres of land. (REZ20-0013) ATTACHMENTS: Description PZ Staff Report w Attachments To: Planning and Zoning Commission Item: SUB20-0004 & REZ20-0013 Cardinal Pointe West Part 3 GENERAL INFORMATION: Applicant and Property Owner: Contact: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Joshua Engelbrecht, Planning Intern and Anne Russett, Senior Planner Date: January 7, 2021 Crossing Land LLC 755 Mormon Trek Blvd Iowa City, IA 52246 319-337-4195 info@southgateco.com Brian Vogel, PE Hall & Hall Engineers, Inc 1860 Boyson Road Hiawatha, IA 52233 319-362-9548 brian@hallenge.com Approval of preliminary plat & Rezoning from ID -RP to RR -1 (12.80 acres), RS -12 (6.05), RM -12 (3.46 acres), & RM -20 (4.88 acres) To allow the development of Cardinal Pointe West Part 3, a 27 -acre, 19 -lot residential subdivision that will include 1 multi -family lot, 6 duplex lots, 12 single- family lots, and one outlot for future development West of Camp Cardinal Boulevard and South of Kennedy Parkway Size: 27.19 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 2 Undeveloped, Interim Development — Research Park (ID -RP) North: South: East: West: RS -12 — High Density Single -Family RM -12 — Low Density Multi -Family RR -1 — Rural Residential RR -1 — Rural Residential ID -RP - Interim Development: Research Park RS -8 — Medium Density Single -Family Residential R — County Residential A — County Agricultural Conservation District — Clear Creek Master Plan Clear Creek Property owners beyond of the project site received notification of the Planning and Zoning Commission public meeting. Subdivision signs were also posted on the site. November 23, 2020 45 Day Limitation Period: January 7, 2021 BACKGROUND INFORMATION: The property owner, Crossing Land, LLC, is requesting approval for the rezoning of 27.19 acres of land from Interim Development — Research Park (ID -RP) to Rural Residential (RR -1) for 12.80 acres, High Density Single -Family (RS -12) for 6.05 acres, Low Density Multi -Family (RM -12) for 3.46 acres, and Medium Density Multi -Family (RM -20) for 4.88 acres. The applicant is also requesting approval of a preliminary plat for Cardinal Point West — Part 3, a residential subdivision with 12 single-family lots, 6 duplex lots, and 1 multi -family lot with 32 proposed dwelling units. The plat also includes 3 outlots. Outlots I and J (to be rezoned RR -1) are proposed for open space to be maintained by a homeowner's association. Outlot K (to be zoned RM -20) is reserved for future development. Prior to this application, the applicant received approval for two subdivision and rezoning applications — Cardinal Pointe West Parts 1 and 2. The proposed preliminary plat is a continuation of Parts 1 and 2. Attached is the concept that was provided in 2015 with the rezoning and subdivision applications for Part 1. This area was annexed into the city between 1969 and 1972. Since 1983 the area has been zoned Interim Development — Research Park (ID -RP) to reflect possible development of an office park along Highway 218. However, in May of 2002, City Council signed a resolution endorsing the Clear Creek Master Plan memorandum of understanding that includes a concept that envisioned a "conservation -type" development including residential and commercial uses in the areas surrounding Camp Cardinal Boulevard. While there are still several acres of land zoned Interim Development that are undeveloped, the areas surrounding Camp Cardinal Boulevard have seen only residential development since the memorandum, with the exception of one parcel zoned Commercial Office (CO -1) at the intersection of Kennedy Parkway and Camp Cardinal Boulevard 3 and one parcel zoned Community Commercial (CC -2) at the intersection of Camp Cardinal Road and Camp Cardinal Boulevard. Due to concerns about meeting face-to-face, the applicant did not hold a good neighbor meeting. In -lieu of a good neighbor meeting, the applicant sent out a detailed letter (attached) and informational packet to surrounding neighbors with contact information to discuss concerns and questions about the project. ANALYSIS: Current Zoning: Based on the previous comprehensive plan, the area is currently zoned as Interim Development — Research Park (ID -RP). The context of the 1997 comprehensive plan, however, recognized that with the establishment of the Oakdale Campus north of Interstate 80, the possibility of additional development of office and research park type uses in this area may not be realistic. The plan also recognized that the topographical and infrastructural limitations of the area, and therefore, supported development with a mix of uses, such as low density residential and office commercial uses. The plan also supported clustered development that would result in pedestrian friendly neighborhood with minimal disturbance of the sensitive areas. The current ID -RP zoning only allows agricultural uses by right. As such, a rezoning is necessary to allow any development of this property. Proposed Zoning: The Rural Residential Zone (RR -1) is intended to provide rural residential character for areas in the city that are not projected to have the utilities necessary for urban development in the foreseeable future or for areas that have sensitive environmental features that preclude development at urban densities. The areas proposed to be rezoned to RR -1 are proposed to be private open space to be maintained by the homeowner's association. The High -Density Single -Family Zone (RS -12) is intended to provide for development of single- family dwellings, duplexes and attached housing units at a higher density than in other single-family zones. Because this district represents a relatively high density for single-family development, dwellings should be in close proximity to City services and facilities, especially parks, schools and recreational facilities. The RS -12 zone allows for single-family lots with a minimum lot area of 5,000 square feet, and a minimum lot width of 45 feet. Duplexes are allowed on lots with a minimum lot area of 6,000 square feet and lot width of 55 feet. All RS -12 lots within the proposed subdivision meet the minimum requirements. Although lots 55-66 meet the requirements for duplex development, only lots 48-53 are intended to be duplexes with lots 55-66 intended for detached single-family dwellings. The Low -Density Multi -Family Residential Zone (RM -12) is intended to provide a diverse variety of housing options in neighborhoods throughout the City including the development of high-density, single-family housing and low-density, multi -family housing. The applicant is proposing 32 townhouse -style, multi -family units in 7 buildings containing 4 to 5 dwellings each with a private rear land or alley for vehicular access. The Medium Density Multi -Family Zone (RM -20) is intended to provide an assortment of attached, detached single-family and multi -family housing options and is well suited to be located adjacent to commercial areas with good access to City services and facilities. Currently Outlot K is proposed to be rezoned to RM -20. The applicant has not provided any details on the proposed site plan for this zone, but when that plan is created care should be taken to ensure the site and building design is compatible with the surrounding neighborhood. Based on the minimum lot area per unit standards of the RM -20 zone, the maximum number of dwelling units allowed on the 4.49 -acre outlot is 108 units. 4 Compliance with Comprehensive Plan: This property is located within the Northwest Planning District. While the district plan for this area has not been prepared, the comprehensive plan identifies the Clear Creek Master Plan as a guiding document for this area surrounding Camp Cardinal Boulevard. The Clear Creek Master Plan shows this area as suitable for residential, commercial and office development. The plan also aims to create a conservation -type development that allows for higher density development in exchange for the preservation of sensitive areas. The master plan also states that the intended maximum allowable density for any subdivision would not exceed 20 dwelling units per acres. The density of the proposed rezoning and subdivision is around 6 units per acre. Additionally, the IC2030 comprehensive plan housing policy (pg. 28) seeks to develop neighborhoods with a mix of housing types. The comprehensive plan also lays out land use policy to guide development away from environmentally sensitive areas, such as woodlands and steep slopes (pg. 24). The requested rezoning and subdivision design conform with the conservation design envisioned in the Clear Creek Master Plan as well as the policies for housing and land use laid out in the comprehensive plan. Subdivision Design: The subdivision includes 19 residential lots and three outlots. The proposed residential development is a mix of RS -12 lots (48-53,55-66) and one RM -12 lot (54). Lots 48-53 are expected to be developed with duplex residential uses, and lots 55-66 are expected to be developed with single-family residential uses. Lot 54 is expected to be developed with townhouse -style, multi -family buildings with 4-5 dwellings per building. In order to ensure consistency with the existing development pattern to the north, staff is recommending a condition that development shall substantially comply with the concept plan for the area shown as Lot 54 on the preliminary plat. Additionally, in order to ensure useable outdoor space on Lot 54 staff is recommending a condition that requires staff approval of a landscaping plan and screening of garages along Declan Drive and Mason Drive. Outlots I and J contain the majority of the woodlands and steep and critical slopes. These outlots are identified as private open space areas to be maintained by the homeowner's association. Outlot K is reserved for future development. The preliminary plat also shows the extension of Dubs Drive and Preston Lane. Preston Lane is shown to intersect with Camp Cardinal Boulevard in this phase. The subdivision code requires that block lengths range from 300 feet to a maximum of 600 feet (15-3-4A(2)). Longer block lengths may be considered where topographic conditions, water features or existing development prevent shorter block lengths. Midblock pedestrian connections may be required for longer block lengths. The block lengths shown on the preliminary plat are in conformance with the subdivision regulations, with the exception of Preston Lane between Declan Drive and Camp Cardinal Boulevard. Due to the presence of steep wooded ravines located on Outlot J, no street intersections are proposed east of Preston Lane except for the connection to Camp Cardinal Boulevard. As a result, the length of Preston Lane between Declan Drive and Camp Cardinal Boulevard exceeds the 600 feet normally required by subdivision code. However, the proposed design helps minimize the disturbance of the wooded areas located on the property and complies with the comprehensive plan's emphasis on conservation design for this area. The subdivision regulations also state that "Any portion of a residential lot that is within three hundred feet (300') of the Interstate 80 or Highway 218 right of way shall be identified as a noise buffer, and no residential structure will be permitted within this three hundred foot (300') buffer area." (15-3-4C) A small sliver of Outlot K falls within the 300' buffer (see Figure 1) and as such, when Outlot K is platted for development, that area would not allow residential uses. 5 Figure 1. Area within Outlot K within 300' of the Highway 218 Right -of -Way 53 1,458 SF 35 AC 121' E(3T A (R.O.W.] L138�857 SF 3.17 AC --• IXISTIRO 50' EANoARV awn usemerLL 105F PER BEDROOM ]885DROOMS F5DIDI L0 OPEN qP{E - P08 5F PROVIDED OPEN SPIKE = 13,471 SF GASRETEERC,• STORM SEWER {TIC) ]SPRIG t8' SWMFMY SEMCR EAS[MRAT V SIDRA TO 05 INSTALLED IA I' THE FUTJRE DEVELOPMENT OF WRC, N j I I I II f If OLITLOT K 195,300 SF 448 AC 011LLOT IF FORM/TORE DEVALOPMENT AND ID BE PRZEINED TO REEK/ 9118' OFFSET FR. 111D.A1 318 RJOMT-OF-W AT Traffic and Transportation: Preston Lane will extend from Kennedy Parkway on the north to Camp Cardinal Boulevard to the south, a distance of approximately 2,000 feet with limited intersecting streets. Due to concerns with the block length of Preston Lane between Declan Drive and Camp Cardinal Boulevard, staff is recommending traffic calming measures. The preliminary plat shows traffic calming chokers at Preston Lane & Declan Drive and a traffic circle further south along Preston Lane. Chokers decrease the width of the pavement at the intersection, which can help to slow traffic. Public Works staff and transportation planning staff are still reviewing the traffic calming measures on the plat. Staff will have an update on their review at the Commission's meeting. Additionally, average daily traffic (ADT) count data for the area (Camp Cardinal Blvd. at Kennedy Parkway) is around 7,770. The theoretical capacity of Camp Cardinal Blvd. is 16,750 ADT. The completion of Cardinal Pointe West Part 3, assuming maximum build -out, is expected to generate approximately 1,261 additional trips per day. This estimate includes the proposed townhome style multi -family, duplex, and single-family units, as well as the potential build -out of Outlot K, which is reserved for future multi -family development. The resulting increase in traffic is still well below Camp Cardinal Blvd.'s capacity. In addition, both the Kennedy Parkway and future Preston Lane intersections with Camp Cardinal Blvd have left turn lanes. Currently, the west side of Camp Cardinal Blvd does not have a sidewalk. The Clear Creek Master Plan includes typical cross sections, which show a 4 -foot sidewalk along the western side of Camp Cardinal Blvd. Therefore, staff is proposing as a condition of the rezoning that a sidewalk is constructed from Preston Lane to Kennedy Parkway on the west side of Camp Cardinal Blvd. Instead of the 4 -foot sidewalk proposed in the plan, staff is recommending that the sidewalk be 5 -feet in width, which is the current standard. The east side of Camp Cardinal Blvd currently has an 8 -foot side path. 6 This area is not served by transit. Environmentally Sensitive Areas: The property contains steep slopes, critical slopes, and woodlands. In terms of slopes, approximately, 47% of the steep slopes and 18.4% of the critical slopes will be disturbed. This disturbance is less than the threshold of 35% of the critical slopes required by the sensitive area's ordinance. The sensitive areas development plan indicates that approximately 65% of the woodlands (6.31 acres) will be preserved. The plan shows the disturbed area as 35.3% or 3.45 acres of the woodlands. The disturbed area total includes the 50 -foot woodlands buffer area, which is located outside of the construction limits, but is not included in the preserve calculation. The sensitive areas ordinance includes a retention requirement of 50% for single-family zones, like the proposed RS -12 zone, and a retention requirement of 70% for the proposed RR -1 zone. The sensitive areas development plan is complicated by the fact that the woodlands cross two zoning designations with different retention requirements. Due to the fact that the plan demonstrates a continuation of the preserved woodlands to the north (at the corner of Kennedy Parkway & Camp Cardinal Blvd) and exceeds the 50% retention requirement for single-family zones, staff has determined that the plan meets the intent of the sensitive area's ordinance. In addition, this is consistent with how staff analyzed the sensitive areas in the previous phase of the development. Tables 1 and 2 provides a summary of the impacts to slopes and woodlands. Table 1. Slo•es Summa Critical Steep Existing 3.95 acres 5.77 acres Impacted 0.73 acres 18.4% 2.71 acres (47.0%) Disturbance Allowed (per code) 35% n/a Table 2. Woodlands Summa Existing Woodlands Disturbed Woodlands & 50' Buffer Area Preserved Woodland Retention Requirement (per code 9.76 acres 3.45 35.3% 6.31 64.7% 50% (RS -12) 70% RR -1 Neighborhood Open Space: Public open space dedication or fees in lieu of are addressed at the time of final platting. Based on the 6.05 acres of RS -12 zoning, 3.46 acres of RM -12 zoning, and 4.88 acres of RM -20 zoning, the developer would be required to dedicate 0.96 acres of land or pay fees in -lieu. Parks and Recreation staff has determined that an in -lieu fee payment would be appropriate. Storm Water Management: The stormwater management basin located to the south within the Clear Creek subdivision has the capacity to provide stormwater management for Parts 1, 2, as well as Part 3. The adequacy of the existing basin has been confirmed by the City Engineer. In Cardinal Pointe West Part 1, Outlot D was designated as a stormwater management area. In order to meet lot area requirements for Lot 53 in Cardinal Pointe West Part 3, Outlot D must be reduced in size. Public Works staff has reviewed this and has determined that reducing the size of this outlot is not an issue. Storm water management requirements are met with the capacity provided in the basin to the south. Infrastructure Fees: This subdivision is subject to the water main extension fee for $456.75 per 7 acre and sanitary sewer tap on fee of $570.98 per acre. Payment towards the cost of constructing Camp Cardinal Boulevard will also need to be addressed at the time of final plat approval. NEXT STEPS: After review and recommendation by the Planning and Zoning Commission, the two applications will be considered by the City Council. STAFF RECOMMENDATION: Upon resolution of the deficiencies listed below, staff recommends approval of REZ20-0013 & SUB20-0004, two applications submitted by Crossing Land, LLC for a preliminary plat of the Cardinal Pointe West — Part 3 subdivision, a 19 -lot, residential subdivision located South of Kennedy Parkway and West of Camp Cardinal Boulevard and the rezoning of 27.19 acres from Interim Development — Research Park (ID -RP) to Rural Residential (RR -1), Low Density Multi -Family Residential (RM -12), High Density Single -Family Residential (RS -12), and Medium Density Multi - Family Residential (RM -20) zones subject to the following conditions: 1. Development shall substantially comply with the concept plan for the area shown as "Lot 54" on the preliminary plat, which includes townhouse -style, multi -family dwellings with vehicular access to garages from a rear lane with green space and landscaping between the rear driveways to reduce impervious surface and improve stormwater drainage. 2. Prior to approval of any site plan, Owner shall obtain staff approval of a landscaping plan which shall include the plans for useable outdoor space for "Lot 54" on the preliminary plat and screening of garages along Declan Drive and Mason Drive. 3. At the time of final platting, incorporation of traffic calming devices in a location approved by and designed to the satisfaction of the City Engineer. 4. Prior to the issuance of a certificate occupancy, construction of a 5' sidewalk on the west side of Camp Cardinal Blvd between Preston Lane and Kennedy Parkway. DEFICIENCIES AND DISCREPANCIES: 1. Review and acceptance of the traffic calming measures to the satisfaction of the City Engineer. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Concept Plan, submitted in 2015 4. Good Neighbor Letter 5. Rezoning Exhibit 6. Preliminary Plat and Sensitive Area Site Pian Approved by: • Sy Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 0 0.05 0.1 0.2 Miles I 1 I Sub20-0004 / REZ20-0013 Cardinal Pointe Pt. 3 i r fr CITY OF IOWA CITY Prepared By: Joshua Engelbrecht Date Prepared: November 2020 KENNEDY PKWY �. ' Two applications submitted by Crossing Development, LC for preliminary Plat approval and rezoning from Interim Development - Research Park (ID -RP) to Rural Residential (RR -1), High Densitiy Single-family (RS -12), Low Density Multi -family (RM -12), and Medium Density Multi -family (RM -20) Residential for 10.07 acre subdivision located west of Camp Cardinal Blvd and east of Deer Creek Rd. 0 0.05 0.1 0.2 Miles I I I I I Sub20-0004 / REZ20-0013 Cardinal Pointe Pt. 3 KENNEDY; PKWY A T t CITY OF IOWA CITY Prepared By: Joshua Engelbrecht Date Prepared: November 2020 - EAGLE PL CO1 RS8 n Q.114 �S� ♦ i "7 oC ; %9� : ♦ ♦ a ♦ ♦_. RYAN ♦ G 0 '77,;) CARDIX•e RS5 Two applications submitted by Crossing Development, LC for preliminary Plat approval and rezoning from Interim Development - Research Park (ID -RP) to Rural Residential (RR -1), High Densitiy Single-family (RS -12), Low Density Multi -family (RM -12), and Medium Density Multi -family (RM -20) Residential for 10.07 acre subdivision located west of Camp Cardinal Blvd and east of Deer Creek Rd. 3' Cardinal Pointe West 1' 1 I/ i(c 1' \�� �� r � / 1 )1 ‘,,k,( /�j/---gr ���' 1111 r‘\ �fj//� ,� ��1 ,, ��` �i1/fes r 1� I 1� ���,llil,l I � t I IlVIII ,//I r r1 }/lllllll�l\,\�llllllr~l�\1 tvo (/// r y / /F,/ �/I/r/ / /11 �� % 11 i1 L 1 1 1 1 I 1 111 \I 11 - P''/l l =_--, ) .5`‘)) I) I �%rJl l 2/i lI\�\1I �l I \/ p/// / \ 1)-i)X5 ' 11 1 �Ir//•r��111�1I �I.��J�``�/JIII� / I l l t -- /i/// /I 1 ��/III I ;�/�111 %L1I y .._..� r�_ Vii//// I 1 1 /\7// �NI� ftp 1:������i�--—� N \j _— 1111,61 • . / rI/ r � ///// / _• ii// I?/I 11\ % /ilk /I / �� / // ,/ / 1 /f �i/{ r I II n 1\` /1 1 /I / / I ) / 1 ///////I 1 / /,/rjrr / .,..///, rl �I ti\ /� 1 I I 1 / I / // .//, ._ IJr`.�/}\i1/11 //1 1 I / I I I Jt` // -iJI/ 1 / 1 11 11 1 I 1 / / , // �///1/,/i/ 11 I j 1 'r /// /.' 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HI -RISE RESIDENTIAL (TYP.) WATER QUALITY STRUCTURES (TYP.) December 18, 2020 Adjoining Property Owner RE: Cardinal Pointe West — Part Three, Iowa City, Iowa Adjoining Property Owners, The Iowa City Planning and Zoning Commission (P & Z) will soon consider a rezoning and preliminary plat for a property in your area. At this time, we are unable to have a Good Neighborhood Meeting/Open House due to COVID 19. However, the developer for the project will be available via phone or email to discuss any questions you have regarding this project. The project is located south of Kennedy Parkway and west of Camp Cardinal Blvd and depicted on the attached "Rezoning Exhibit" This project is the third phase of a master plan that Southgate Companies has been working on since 2015. Cardinal Pointe West -Part Three will continue the same model of product type diversity similar to Cardinal Pointe West -Part Two and will provide the community with more pricing opportunities and a wider range of building types/density within the neighborhood. Part Three will include the public right-of-way connection of Preston Lane with Camp Cardinal Blvd. The connection affords the opportunity for vehicular/traffic relief as a secondary access to the south. The enclosed Rezoning, Preliminary Plat and Sensitive Area Site Plan (prepared by Hall & Hall Engineers, Inc.) shows the proposed lot configurations and future street network and connectivity for this area. See below for breakdown of proposed zoning and housing type/use for Lots included in Part Three: Lot Number/Letter Proposed Zoning Housing Type/Use 48-53 RS -12 (High Density Single -Family Residential) Duplexes 54 RM -12 (Low Density Multi -Family Residential) 4 -Unit Townhomes 55-66 RS -12 (High Density Single -Family Residential) Single Family Residential Outlot I and J RR1 (Rural Residential) Open Space, owned and maintained by Homeowners Association Outlot K RM -20 (Medium Density Multi -Family Residential) Future Development It is anticipated that the P & Z will be reviewing this proposal on Thursday, January 7th, 2021. A notice of a formal review by P & Z will be sent to all property owners receiving this mailing. You are encouraged to attend these meetings and voice your opinions. For questions regarding this project, please contact Josh Entler, P.E. at Southgate Companies. He can be contacted at (319) 499-8836 or jentler@southgateco.com If you have questions for the City of Iowa City regarding this project, please contact Anne Russett, AICP at (319) 356-5251 or anne- russett@iowa-city.org 00) (dt10DK}ENNEDY PARK AW4e4 O � � � 4 - M � U 29 7 \ / Z8 Z7 Z6 CROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING: ID -R5 CROSSING LAND, LLC EXISTING ZONING:RR1 E-d-ae34c GROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING - ID -RP PROPOSED ZONING - RR1 CROSSING LAND, LLC EXISTING ZONING: RR1 OUTLOT D, CARDINAL POINTE WEST - PART ONE CROSSING LAND, LLC EXISTING ZONING. RR1 OUTLOT D, CARDINAL POINTE WEST - PART ONE ORS\E \ 5N 0 M x o - O t-_ Zif)v un o oN N ZO Mq 00 1 1 1 fi r -325 tin g oZ N CROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING: ID -RP PROPOSED ZONING: RM -12 18 CROSSING LAND, LLC EXISTING ZONING: RR1 CROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING: ID -RP PROPOSED ZONING: RM -20 fln18 CROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING: ID -RP PROPOSED ZONING:RR1 CROSSING LAND, LLC EXISTING LAND USE - RESIDENTIAL EXISTING ZONING: ID -RS KNyEYCPR 1d2103)- (d2100) OWA CITY MERCY. LLC GUARANTY ICM, LLC PARKSIDE PROPERTIES, LLC EXISTING ZONING: C01 1 CITY OF IOWA CITY EXISTING ZONIN G: RS -8 K -4 7� \ TCORP ) (dao3) CARDINAL POINTE SOUTH HOMEOWNERS ASSOCIATION EXISTING ZONING:RS-8 7- L 7 - 7- 0 190 200 300 400 GRAPHIC SCALE DI FEET SCALE: 1"=200' REZONING LEGAL DESCRIPTION - ID -RP TO RM -20: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO A5 RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF OUTLOT D, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY. IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST CORNER OF SAID OUTLOT H; THENCE N69'46'50"W 240.68 FEET ALONG THE WESTERLY LINE OF SAID OUTLOT H; THENCE N32'38'01"W 225.83 FEET; THENCE N56'40'37"E 157.32 FEET; THENCE NORTHWESTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N53'58107"W 18.48 FEET); THENCE NORTHEASTERLY 84.32 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS N59°28'27"E 76.30 FEET); THENCE NORTHEASTERLY 19.64 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N38'59'45"E 19.09 FEET); THENCE N62°26'07"E 131.98 FEET; THENCE SOUTHERLY 49.54 FEET ALONG THE ARC OF A 34.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS 575'49'21"E 45.27 FEET); N55°55'10"E 30.00 FEET; THENCE SOUTHEASTERLY 487.46 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 562'00'35"E 468.38 FEET); THENCE SO°03'39"W 30.00 FEET; THENCE EASTERLY 50.46 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS N57°19'59"E 50.45 FEET) TO THE SOUTHERLY LINE OF SAID OUTLOT H; THENCE 559'02'58"W 8.58 FEET ALONG SAID SOUTHERLY LINE; THENCE 563'56'06"W 544.31 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4.88 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS. REZONING LEGAL DESCRIPTION - ID -RP TO RM -12: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE 571'13'03"W 30.OD FEET ALONG THE NORTHERLY LINE OF SAID OUTLOT H TO THE POINT OF BEGINNING; THENCE SOUTHERLY 227.05 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S10'06'34"E 226.19 FEET); THENCE S1'26'12"E 44.62 FEET; THENCE SOUTHERLY 157.38 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S10'27'13"E 156.73 FEET); THENCE S19°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 127.49 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 526'45'32"E 127.15 FEET); THENCE 555°55'10"W 30.00 FEET; THENCE WESTERLY 49.54 FEET ALONG THE ARC OF 34.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N75°49'21"W 45.27 FEET); THENCE S62°26'07"W 131.98 FEET; THENCE SOUTHWESTERLY 19.64 FEET ALONG THE ARC OF A 24.0D FOOT RADIUS, CONCAVE SOUTHEASTERLY (CHORD BEARS 538°59'45"W 19.09 FEET); THENCE SOUTHWESTERLY 42.98 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS 537'56'43"W 41.90 FEET); THENCE NORTHWESTERLY 160.96 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N25°37'09"W 160.65 FEET); THENCE N19'28'15"W 30.94 FEET; THENCE NORTHERLY 236.07 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10'27'13"W 235.09 FEET); THENCE N1'26'12"W 41.30 FEET; THENCE NORTHERLY 136.55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N9'06'25"W 136.14 FEET) TO THE NORTHERLY LINE OF SAID OUTLOT H; THENCE N7313'22"E 30.00 FEET; THENCE NORTHERLY 16.14 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY CHORD BEARS N17°38'00"W 16.14 FEET; THENCE NORTHEASTERLY 29.63 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99 FEET); THENCE N66'23'16"E 151.01 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHEASTERLY 32.83 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS 566'35'34"E 29.26 FEET); THENCE SOUTHERLY 9.94 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 720.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S19°10'40"E 9,94 FEET); THENCE N7113'03"E 30.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.46 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS. REZONING LEGAL DESCRIPTION - ID -RP TO RS -12: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF OUTLOT D, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 47, SAID CARDINAL POINTE WEST - PART TWO; THENCE N69°14'02"E 120.00 FEET ALONG THE SOUTH LINE OF SAID LOT 47 TO THE WESTERLY RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHEASTERLY 34.84 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS 518'51'24"E 34.84 FEET) TO THE SOUTHWEST CORNER OF SAID DUBS DRIVE RIGHT OF WAY; THENCE N73"13'22"E 30.00 FEET ALONG THE SOUTH RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHERLY 136.55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S9'06'25"E 136.14 FEET); THENCE S1°26'12"E 41.30 FEET; THENCE SOUTHERLY 236.07 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS 510'27'13"E 235.09 FEET); THENCE 519'28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 160.96 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S25'37'09"E 160.65 FEET); THENCE WESTERLY 41.33 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S81'51'46"W 40.37 FEET); THENCE SOUTHEASTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS 553'58'07"E 18.48 FEET); THENCE 556'40'37"W 157.32 FEET; THENCE N25'39'42"W 200.94 FEET; THENCE N5'28'37"W 276,83 FEET; THENCE N2°23'14"W 108.81 FEET; THENCE N12°47'03"W 102.84 FEET TO THE POINT OF BEGINNING, AND BEGINNING AT THE SOUTHEAST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE SOUTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S10°06'34"E 274.44 FEET); THENCE 51'26'12"E 44.62 FEET; THENCE SOUTHERLY 107.02 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS 510'27'13"E 106.58 FEET); THENCE S19'28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S54°42'18"E 392.30 FEET); THENCE S0"03'39"W 16000 FEET; THENCE NORTHWESTERLY 614.95 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N54'42'18"W 576.92 FEET); THENCE N19°28'15"W 30.94 FEET; THENCE NORTHERLY 157.38 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°27'13"W 156.73 FEET); THENCE N1'26'12"W 44.62 FEET; THENCE NORTHERLY 227.05 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N10'06'34"W 226.19 FEET) TO THE NORTHERLY LINE OF SAID OUTLOT H; THENCE N7113'03"E 160.00 FEET ALONG SAID NORTHHERLY LINE TO THE POINT OF BEGINNING. SAID PARCELS CONTAIN 6.05 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS. REZDNING LEGAL DESCRIPTION - ID -RP TO RR1: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 52, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE N21°30'05"W 86.33 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 TO THE NORTHEAST CORNER THEREOF; THENCE N26°56'26"W 53.53 FEET ALONG THE EASTERLY LINE OF LOT 40, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTHWEST CORNER OF OUTLOT G, SAID CARDINAL POINTE WEST - PART TWO AND A NORTH UNE OF SAID OUTLOT H; THENCE N89'04'32"E 463.31 FEET ALONG SAID NORTH UNE AND THE SOUTH LINE OF SAID OUTLOT G TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE 50'53'41"W 193.50 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 515'01'37"E 416.97 FEET); THENCE 530'56'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTHEAST CORNER OF SAID OUTLOT H; THENCE 559'03'04"W 32.46 FEET ALONG THE SOUTH UNE OF SAID OUTLOT H; THENCE WESTERLY 286.85 FEET ALONGSAID SOUTH LINE AND THE WESTERLY EXTENSIONTH REOF AND THE ARC OF A 530.00 FOOT RAD US CURVE, CONCAVE NORTHERLY (CHORD BEARS S74°33226”W 283.36 FEET); THENCE N 0°03'39"E 190.00 FEET; THENCE NORTHWESTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N54°42'18"W 392.30 FEET); THENCE N19'28'15"W 30.94 FEET; THENCE NORTHERLY 107.02 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°27'13"W 106.58 FEET); THENCE N1°26'12"W 44.62 FEET; THENCE NORTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N10°06'34"W 274.44 FEET) TO THE POINT OF BEGINNING. AND BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT F, SAID CARDINAL POINTE WEST - PART TWO; THENCE N90°00'00"E 424.72 FEET ALONG THE SOUTH LINE OF SAID OUTLOT F AND A NORTH LINE OF OUTLOT H, SAID CARDINAL POINTE WEST - PART TWO TO THE WEST CORNER OF LOT 45, SAID CARDINAL POINTE WEST - PART TWO; THENCE S3D7/7'41"E 1.92 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 45; THENCE S37°44'02"E 104.59 FEET ALONG SAID SOUTHWESTERLY LINE TO SOUTH CORNER OF SAID LOT 45; THENCE 538'08'39"E 103.46 FEET ALONG THE SOUTHWESTERLY LINE OF LOT 46, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTH CORNER THEREOF; THENCE 528'55'22"E 99.33 FEET ALONG THE SOUTHWESTERLY LINE OF LOT 47, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTHWEST CORNER THEREOF; THENCE 512°47'03"E 102.84 FEET; THENCE S2°23'14"E 108.81 FEET; THENCE 55°28137"E 276.83 FEET; THENCE 525'39'42"E 47.21 FEET TO THE WESTERLY UNE OF SAID OUTLOT H; THENCE N44'49'18"W 307.82 FEET ALONG SAID WESTERLY LINE; THENCE N16'51'29"W 238.65 FEET ALONG SAID WESTERLY LINE; THENCE N52°48'14"W 489.10 FEET ALONG SAID WESTERLY LINE; THENCE NO°00'00"E 37.41 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. SAID PARCELS CONTAIN 12.80 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS. ADJOINING PROPERTY OWNERS: 1 - STEVEN ROWE & MARY LOUISE HLAVIN (RS -8 ZONING) 2 - KATE DUCHENE THOMA (RS -8 ZONING) 3 - MADHURADHAR CHEGONDI (RS -8 ZONING) 4 - SATHEESH ELANGOVAN (RS -8 ZONING) 5 SUNDAR KRISHNAN AND ANSUYA NASSEN (RS -8 ZONING) 6 MICHAEL & CINDY LEBSACK (RS -8 ZONING) 7 CURTIS & LINDA ROESLER (RS -8 ZONING) 8 MARK & LORNA CHRISTEN (RS -8 ZONING) 9 - JOHN & PATRICIA LUBBEN (RS -8 ZONING) 10 - ERNEST & HEIDI GALER (R5-5 ZONING) 11 - REBECCA CRANE (RS -8 ZONING) 12 - SPOORTHIJACADISH & NISHANT SARAN (RS -12 ZONING) 13 - NICHOLAS & KEELY LEPA (RS -12 ZONING) 14 - ANDREW ASHBY (RS -12 ZONING) 15 - SARAH & ALI SALAMATI (RS -12 ZONING) 16 - JACK KADEMIAN LIVING TRUST(RS-12 ZONING) 17 - NAVIGATE HOMES IOWA LLC (RS -12 ZONING) 18 - NAVIGATE HOMES IOWA LLC (RS -12 ZONING) 19 & 20 - CROSSING LANDING LLC (RS -12 ZONING) 21 -SCOTT & PATRICIA PETERSON (RS -12 ZONING) JONATHAN PACHECO (RS -12 ZONING) 22 - DAVID & LEANN GERARD (RS -12 ZONING) LINDA GRAHAM (RS -12 ZONING) 23 - NAVIGATE HOMES IOWA LLC AND CROSSING LANDING LLC (RS -12 ZONING) 24 - CROSSING LANDING LLC (RS -5 ZONING) 25 - NAVIGATE HOMES IOWA LLC (RS -5 ZONING) 26 - CHARLES & JENNIFER WADDILOVE (RS -5 ZONING) 27 - CROSSING LANDING LLC (RS -5 ZONING) 28 - NAVIGATE HOMES IOWA LLC (RS -5 ZONING) 29 - NAVIGATE HOMES IOWA LLC (RS -5 ZONING) DRAWN BY: SKF CHECKED BY: BDV APPROVED BY: BDV DATE: 12/18/2020 FIELD BOOK: N/A NO. REVISION DESCRIPTION APPROVED DATE CITY OF IOWA CITY HALL & HALL ENGINEERS, INC 1860 BOYSON ROAD. IIIAWATHA. IOWA 52233 PHONE: 13191 362-9548 FAX: (319) 362-7595 San,,, /Ina CIVIL ENGINEERING 0 LANDSCAPE ARCHITECTURE LAND SURVEYING 0 LAND DEVELOPMENT PLANNING www.halleng.com CARDINAL POINTE WEST - PART THREE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA REZONING EXHIBIT SCALE: 1" = 200' PROJECT NO: 20034-16-3 SHEET C 0 >- c0 c0 '0 v 0 0 CL 2 Q N GO .-1 0 O N ti CO - _o n E v 0 v 0 ro i N 0 a v Y CO0 .0 c x LU cnc c c 0 N N CCv c M a a. a U M 10 ,-i 0 O O N N d C7 0 M 1▪ a c▪ nm (53 v c 0 0 c a 10 0 M -1 rn O O IN v rn0 0 O N O O O O N Ln V Q▪ 1 O 0. 5-5 cy Z tL 9. o Y v� UTILITY AND EMERGENCY TELEPHONE NUMBERS CITY OF IOWA CITY, IOWA ENGINEERING DEPARTMENT POLICE DEPARTMENT EMERGENCY FIRE DEPARTMENT EMERGENCY WATER DEPARTMENT WASTEWATER DIVISIONS - COLLECTIONS IOWA ONE CALL (UTILITIES) MID -AMERICAN ENERGY UTILITY LEGEND -EXISTING (SS8) (ST15) (FM6) (W8) - - - (G)- - - - (G)- - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - --(E)----(E)- - --(C)----(C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F) - - - - (F) - ---(OHF)----(OHF)- (T)- - - -(T) /1 - <>-<>-<>-<>-<>-<>-<>-<>- (FP) (FW) (CORP) 800 0 0 OR ffi 0 1T ®GV •BM -0- SB ®wv O° SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND FIBER OPTIC -OVERHEAD TELEPHONE -UNDERGROUND FENCE LINE SILT FENCE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA -3 INTAKE RA -5 INTAKE RA -6 INTAKE RA -8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL SOIL BORING FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. IOWA ONE -CALL 800/292-8989 TOLL-FREE CALL- BEFORE- YOU- DIG (319)-356-5140 (319)-356-5275 911 (319)-356-5260 911 (319)-356-5166 (319)-631-1144 (800)-292-8989 (319)-339-1156 UTILITY LEGEND -PROPOSED REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR CARDINAL POINTE WEST -PART 3 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA SHEET INDEX SS8 SANITARY SEWER W/SIZE ST18 STORM SEWER W/SIZE FM6 FORCE MAIN W/SIZE W12 WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE CORP 0 Q ® OR L- 11 vixi 0 SURVEY LEGEND STORM MANHOLE GRATE INTAKE RA -3 INTAKE RA -5 INTAKE RA -6 INTAKE RA -8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A A • X () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE INITIAL SUBMITTAL DATE: 11/23/20 REVISION DATE: 12/30/20 CITY FILE NUMBER: HALL AND HALL PROJECT NUMBER: 20034-16-3 LOCATION MAP (SCALE: V'=500') NAL BOULEVARD CAMP CARD CiS PROJ ECT LOCATION 0, .cP NOTES THE PROPOSED IMPROVEMENTS INCLUDED IN THESE DRAWINGS HAVE BEEN DESIGNED IN ACCORDANCE WITH THE CITY OF IOWA CITY ENGINEERING DESIGN STANDARDS MANUAL AND SUDAS. HALL & HALL ENGINEERS, INC. Loadors 9 Land Dovdopmontt Sinco 21953,� 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 ,` PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com PLAN APPROVED BY: CITY CLERK DATE P1.0) COVER P2.0) PRELIMINARY PLAT - SITE LAYOUT AND UTILITIES P3.0) PRELIMINARY PLAT - SITE GRADING AND EROSION CONTROL P4.0) PRELIMINARY PLAT - WOODLAND DISTURBANCE AND PRESERVATION APPLICANT THE CROSSING DEVELOPMENT, LC %JERRY WADDILOVE 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, IA 52246 PH: 319-337-4195 FAX: 319-337-9823 EMAIL: INFO@SOUTHGATECO.COM CONTACT PERSON BRIAN VOGEL, PE 1860 BOYSON RD. HIAWATHA, IA 52233 PH: 319-362-9548 FAX: 319-362-7595 EMAIL: BRIAN@HALLENG.COM OWNER USE THE CROSSING DEVELOPMENT, LC %JERRY WADDILOVE 755 MORMON TREK BOULEVARD P.O. BOX 1970 IOWA CITY, IA 52246 PH: 319-337-4195 FAX: 319-337-4195 EMAIL: INFO@SOUTHGATECO.COM OWNER'S ATTORNEY C. JOSEPH HOLLAND 123 NORTH LINN STREET SUITE 300 IOWA CITY, IA 52245 EXISTING: VACANT LAND PROPOSED: LOW DENSITY SINGLE-FAMILY RESIDENTIAL & LOW DENSITY MULTI -FAMILY RESIDENTIAL ZONING EXISTING: ID -RP PROPOSED: RS -12, RM -12, RM -20 & RR -1 AREA TO BE REZONED: 27.19 AC. ENTIRE SITE LEGAL DESCRIPTION DIMENSIONAL STANDARDS (RS -12) DUPLEX (LOTS 48-53) MINIMUM LOT SIZE: 6,000 SF AREA PER UNIT: 3,000 SF MINIMUM LOT WIDTH: 55' MINIMUM FRONTAGE: 40' FRONT YARD SETBACK: 15' SIDE YARD SETBACK: 5' + 2' PER STORY OVER TWO STORIES REAR YARD SETBACK: 20' MAXIMUM HEIGHT: 35' DETACHED SINGLE-FAMILY (LOTS 55-66) MINIMUM LOT SIZE: 5,000 SF AREA PER UNIT: 5,000 SF MINIMUM LOT WIDTH: 45' MINIMUM FRONTAGE: 40' FRONT YARD SETBACK: 15' SIDE YARD SETBACK: 5' + 2' PER STORY OVER TWO STORIES REAR YARD SETBACK: 20' MAXIMUM HEIGHT: 35' DIMENSIONAL STANDARDS (RM -12) MULTI -FAMILY (LOT 54) MINIMUM LOT SIZE: 8,175 SF AREA PER UNIT: 2,725 SF MINIMUM LOT WIDTH: 60' MINIMUM FRONTAGE: 40' FRONT YARD SETBACK: 20' SIDE YARD SETBACK: 5' + 2' PER STORY OVER TWO STORIES REAR YARD SETBACK: 20' AREA CALCULATIONS TOTAL SITE AREA (EXCLUDING OUTLOTS): NET SITE AREA (EXCL. OUTLOTS AND R.O.W.): TOTAL LOTS (EXCLUDES OUTLOTS): TOTAL DWELLING UNITS: GROSS AREA PER UNIT (EXCLUDES OUTLOTS): NET AREA PER UNIT (EXCLUDING R.O.W.): 449,104 SQ.FT. (10.31 AC) 312,761 SQ.FT. (7.18 AC) 19 (12 SINGLE FAMILY, 6 DUPLEX, 1 MULTI -FAMILY) 56 8,020 SQ.FT. 5,585 SQ.FT. (0.18 AC) (0.13 AC) PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF OUTLOT D, CARDINAL POINTE WEST - PART ONE AS RECORDED IN PLAT BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY MOST CORNER OF SAID OUTLOT H; THENCE N69°46'50"W 240.68 FEET ALONG THE WESTERLY LINE OF SAID OUTLOT H TO THE POINT OF BEGINNING; THENCE N32°38'01"W 225.83 FEET; THENCE N25°39'42"W 153.73 FEET TO THE NORTHEASTERLY LINE OF SAID OUTLOT D; THENCE S44°49'18"E 76.79 FEET ALONG SAID NORTHEASTERLY LINE; THENCE S26°04'34"E 305.37 FEET ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. REZONING LEGAL DESCRIPTIONS REZONING LEGAL DESCRIPTION - ID -RP TO RM -12: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE S71°13'03"W 30.00 FEET ALONG THE NORTHERLY LINE OF SAID OUTLOT H TO THE POINT OF BEGINNING; THENCE SOUTHERLY 227.05 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S10°06'34"E 226.19 FEET); THENCE S1°26'12"E 44.62 FEET; THENCE SOUTHERLY 157.38 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S10°27'13"E 156.73 FEET); THENCE S19°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 127.49 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S26°46'32"E 127.15 FEET); THENCE S55°55'10"W 30.00 FEET; THENCE WESTERLY 49.54 FEET ALONG THE ARC OF 34.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N75°49'21"W 45.27 FEET); THENCE S62°26'07"W 131.98 FEET; THENCE SOUTHWESTERLY 19.64 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS, CONCAVE SOUTHEASTERLY (CHORD BEARS S38°59'45"W 19.09 FEET); THENCE SOUTHWESTERLY 42.98 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S37°56'43"W 41.90 FEET); THENCE NORTHWESTERLY 160.96 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N25°37'09"W 160.65 FEET); THENCE N19°28'15"W 30.94 FEET; THENCE NORTHERLY 236.07 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°27'13"W 235.09 FEET); THENCE N1°26'12"W 41.30 FEET; THENCE NORTHERLY 136.55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N9°06'25"W 136.14 FEET) TO THE NORTHERLY LINE OF SAID OUTLOT H; THENCE N73°13'22"E 30.00 FEET; THENCE NORTHERLY 16.14 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N17°38'00"W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99 FEET); THENCE N66°23'16"E 151.01 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHEASTERLY 32.83 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S66°35'34"E 29.26 FEET); THENCE SOUTHERLY 9.94 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 720.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S19°10'40"E 9.94 FEET); THENCE N71°13'03"E 30.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.46 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS. REZONING LEGAL DESCRIPTION - ID -RP TO RS -12: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF OUTLOT D, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 47, SAID CARDINAL POINTE WEST - PART TWO; THENCE N69°14'02"E 120.00 FEET ALONG THE SOUTH LINE OF SAID LOT 47 TO THE WESTERLY RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHEASTERLY 34.84 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S18°51'24"E 34.84 FEET) TO THE SOUTHWEST CORNER OF SAID DUBS DRIVE RIGHT OF WAY; THENCE N73°13'22"E 30.00 FEET ALONG THE SOUTH RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHERLY 136.55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S9°06'25"E 136.14 FEET); THENCE S1°26'12"E 41.30 FEET; THENCE SOUTHERLY 236.07 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S10°27'13"E 235.09 FEET); THENCE S19°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 160.96 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S25°37'09"E 160.65 FEET); THENCE WESTERLY 41.33 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS 581°51'46"W 40.37 FEET); THENCE SOUTHEASTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S53°58'07"E 18.48 FEET); THENCE S56°40'37"W 157.32 FEET; THENCE N25°39'42"W 200.94 FEET; THENCE N5°28'37"W 276.83 FEET; THENCE N2°23'14"W 108.81 FEET; THENCE N12°47'03"W 102.84 FEET TO THE POINT OF BEGINNING. AND BEGINNING AT THE SOUTHEAST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE SOUTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S10°06'34"E 274.44 FEET); THENCE S1°26'12"E 44.62 FEET; THENCE SOUTHERLY 107.02 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S10°27'13"E 106.58 FEET); THENCE S19°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S54°42'18"E 392.30 FEET); THENCE SO°03'39"W 160.00 FEET; THENCE NORTHWESTERLY 614.95 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N54°42'18"W 576.92 FEET); THENCE N19°28'15"W 30.94 FEET; THENCE NORTHERLY 157.38 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°27'13"W 156.73 FEET); THENCE N1°26'12"W 44.62 FEET; THENCE NORTHERLY 227.05 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N10°06'34"W 226.19 FEET) TO THE NORTHERLY LINE OF SAID OUTLOT H; THENCE N71°13'03"E 160.00 FEET ALONG SAID NORTHHERLY LINE TO THE POINT OF BEGINNING. SAID PARCELS CONTAIN 6.05 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS. REZONING LEGAL DESCRIPTION - ID -RP TO RR -1: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE N21°30'05"W 86.33 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 TO THE NORTHEAST CORNER THEREOF; THENCE N26°56'26"W 53.53 FEET ALONG THE EASTERLY LINE OF LOT 40, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTHWEST CORNER OF OUTLOT G, SAID CARDINAL POINTE WEST - PART TWO AND A NORTH LINE OF SAID OUTLOT H; THENCE N89°04'32"E 463.31 FEET ALONG SAID NORTH LINE AND THE SOUTH LINE OF SAID OUTLOT G TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE SO°53'41"W 193.50 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15°01'37"E 416.97 FEET); THENCE S30°56'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTHEAST CORNER OF SAID OUTLOT H; THENCE S59°03'04"W 32.46 FEET ALONG THE SOUTH LINE OF SAID OUTLOT H; THENCE WESTERLY 286.85 FEET ALONG SAID SOUTH LINE AND THE WESTERLY EXTENSION THEREOF AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S74°33226"W 283.36 FEET); THENCE NO°03'39"E 190.00 FEET; THENCE NORTHWESTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N54°42'18"W 392.30 FEET); THENCE N19°28'15"W 30.94 FEET; THENCE NORTHERLY 107.02 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°27'13"W 106.58 FEET); THENCE N1°26'12"W 44.62 FEET; THENCE NORTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N10°06'34"W 274.44 FEET) TO THE POINT OF BEGINNING. AND BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT F, SAID CARDINAL POINTE WEST - PART TWO; THENCE N90°00'00"E 424.72 FEET ALONG THE SOUTH LINE OF SAID OUTLOT F AND A NORTH LINE OF OUTLOT H, SAID CARDINAL POINTE WEST - PART TWO TO THE WEST CORNER OF LOT 45, SAID CARDINAL POINTE WEST - PART TWO; THENCE S30°07'41"E 1.92 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 45; THENCE S37°44'02"E 104.59 FEET ALONG SAID SOUTHWESTERLY LINE TO SOUTH CORNER OF SAID LOT 45; THENCE S38°08'39"E 103.46 FEET ALONG THE SOUTHWESTERLY LINE OF LOT 46, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTH CORNER THEREOF; THENCE S28°55'22"E 99.33 FEET ALONG THE SOUTHWESTERLY LINE OF LOT 47, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTHWEST CORNER THEREOF; THENCE S12°47'03"E 102.84 FEET; THENCE S2°23'14"E 108.81 FEET; THENCE S5°28'37"E 276.83 FEET; THENCE S25°39'42"E 47.21 FEET TO THE WESTERLY LINE OF SAID OUTLOT H; THENCE N44°49'18"W 307.82 FEET ALONG SAID WESTERLY LINE; THENCE N16°51'29"W 238.65 FEET ALONG SAID WESTERLY LINE; THENCE N52°48'14"W 489.10 FEET ALONG SAID WESTERLY LINE; THENCE NO°00'00"E 37.41 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. SAID PARCELS CONTAIN 12.80 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS. REZONING LEGAL DESCRIPTION - ID -RP TO RM -20 PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF OUTLOT D, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST CORNER OF SAID OUTLOT H; THENCE N69°46'50"W 240.68 FEET ALONG THE WESTERLY LINE OF SAID OUTLOT H; THENCE N32°38'01"W 225.83 FEET; THENCE N56°40'37"E 157.32 FEET; THENCE NORTHWESTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N53°58'07"W 18.48 FEET); THENCE NORTHEASTERLY 84.32 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS N59°28'27"E 76.30 FEET); THENCE NORTHEASTERLY 19.64 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N38°59'45"E 19.09 FEET); THENCE N62°26'07"E 131.98 FEET; THENCE SOUTHERLY 49.54 FEET ALONG THE ARC OF A 34.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S75°49'21"E 45.27 FEET); N55°55'10"E 30.00 FEET; THENCE SOUTHEASTERLY 487.46 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S62°00'35"E 468.38 FEET); THENCE SO°03'39"W 30.00 FEET; THENCE EASTERLY 50.46 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS N87°19'59"E 50.45 FEET) TO THE SOUTHERLY LINE OF SAID OUTLOT H; THENCE S59°02'58"W 8.58 FEET ALONG SAID SOUTHERLY LINE; THENCE S63°56'06"W 544.31 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4.88 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS. PLANS SCALE CORRECTLY WHEN PLOTTED ON 22"x34" PAPER REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR CARDINAL POINTE WEST - PART 3 SHEET P1.0 CAD File: I:\projects\20000\20034\20034-16-3 Cardinal Pointe West Part 3\DWG\POI\20034-16-3-B09.dwg Date Plotted : Dec 30, 2020 - 10:42am Plotted By : BDV 25 50 75 GRAPHIC SCALE IN FEET SCALE: 1"=50' 39 (ST15) }r--11 Ir - 4 II 100 CAMP CARDINAL BOULEVARD MAILBOX CLUSTER LOCATION (TO BE CONFIRMED WITH POSTMASTER) EXISTING 50' SANITARY SEWER EASEMENT 8" DIAMETER C-900 WATER MAIN (TYP. IOWA CITY LOOPED SYSTEM) OUTLOT J SHALL BE OPEN SPACE MAINTAINED BY HOMEOWNERS ASSOCIATION I I 1 1 I I 1 I I I I I I 1, (ST15) - � _ II II I1 I1 11 11 11 11 1 -+�--�1{--T--� GASKETED RCP STORM SEWER (TYP) co UNITS (4,650 S PRIVATE STORM SEWER (TYP) (ST15)J - J 2 4 EXISTING 40' SANITARY SEWER EASEMENT _ _ EXISTING 30' SANITARY SEWER EASEMENT 47 99' I LOT A (R.O.W.) 136,179 SF 3.13 AC /EXISTING 40' SANITARY I SEWER EASEMENT ROTATE SANITARY SEWER MANHOLE CONE TO AVOID BACK OF CURB/PAVING (TYP) I I 5' SIDEWALK TO BE INSTALLED WITH THE FUTURE DEVELOPMENT OF OUTLOT K 20' MIN EXISTING STORM SEWER EXISTING 30' STORM SEWER EASEMENT / 49 \ \ / 13,082 SF / 0.30 AC OUTLOT I SHALL BE OPEN SPACE MAINTAINED BY HOMEOWNERS ASSOCIATION OUTLOT I 187,765 SF 4.31 AC I LOT 54 ON IT 0 N 110SF PER BEDROOM 178 BEDROOMS REQUIRED OPEN SPACE PROVIDED OPEN SPACE EXISTING PLATTED BOUNDARY FOR OUTLOT D, CARDINAL POINTE WEST - PART ONE. OUTLOT K FOR FUTURE DEVELOPMENT AND TO BE REZONED TO RM -20. 300' OFFSET FROM HIGHWAY 218 RIGHT-OF-WAY DRAWN BY: CJZ 239 308' // CHECKED BY: BDV // APPROVED BY: BDV // DATE: 12/18/20 // FIELD BOOK: NO. REVISION DESCRIPTION APPROVED DATE OUTLOT D (STORM WATER MANAGEMENT) CARDINAL POINTE WEST - PART ONE IOWA CITY HALL & HALL ENGINEERS, INC. Ladders in Land Development Since 1953 LMLN�� 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR CARDINAL POINTE WEST - PART 3 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA EXISTING 25' FIBER OPTIC EASEMENT S7-24 LANDSCAPE CALCULATIONS IOWA CITY CODE 14-2B-6: C-3, 14-5E, & 14-5F LANDSCAPING AND SCREENING ZONING: EXISTING: ID -RP PROPOSED: RS -12 & RM -12 RM -12: LOW DENSITY MULTI -FAMILY RESIDENTIAL RS -12: SINGLE FAMILY & DUPLEX ADJACENT ZONING: NORTH: RS-12/RM-12 WEST: RR -1 SOUTH: ID -RP EAST: RS -8 TREE REQUIREMENTS FOR MULTI -FAMILY: 14-5E-8 MINIMUM REQUIREMENTS 1 TREE/550 SF BUILDING SPACE BUILDING SPACE: 7 BUILDINGS TOTALING: 29,100 SF 29,100/550= 52.9 TREES REQUIRED/PROVIDED: 53 BUFFERS/SCREENING PER 14 -2B -6:C-3 LANDSCAPE SCREENING REQUIREMENTS NO SCREENING REQUIRED AS PROPOSED BUILDINGS BLOCK VIEW OF DRIVEWAYS FROM ADJACENT PROPERTIES. LANDSCAPE CALCULATIONS TREES REQUIRED/PROVIDED: 53 LEGEND OVERSTORY TREE ORNAMENTAL TREE CONIFEROUS TREE LOT BREAKDOWN LOT # PURPOSE 48-53 DUPLEX 54 MULTI -FAMILY 55-66 SINGLE FAMILY 1.0' TYP TYPICAL STREET CROSS SECTION (PUBLIC) (NOT TO SCALE) PROFILE LINE, I ROW, AND SURVEY BASELINE UNLESS NOTED OTHERWISE 1/2 R.O.W. - 30' 1/2 R.O.W - 30' 8.0' PRESTON LANE 8.0' PRESTON LANE 26' B -B (PRESTON LANE) 28' 13' (PRESTON LANE) -B (DUBS/DECLAN DRIVE) 13' (PRESTON LANE) 11.0' PRESTON LANE 5.0' TYP 5.0' DUBS DRIVE/ DECLAN DRIVE 10.0' DUBS DRIVE/ DECLAN DRIVE 14' (DUBS/DECLAN DRIVE) STANDARD 6" CURB 14' (DUBS/DECLAN DRIVE) 2.0% PROFILE GRADE COMPACTED FILL NOTES: JOINT SEE NOTE 4 2.5' TYP 2.0% ameir 10.0' DUBS DRIVE/ DECLAN DRIVE X4.0% SUBDRAIN (TYP) AS SHOWN ON PLANS SEE NOTE 1 -COMPACTED SUBGRADE AS SPECIFIED - 6" MIN. SUBBASE AS SPECIFIED -7" PCC PAVEMENT DEPTH -SEE NOTE 2 STORM SEWER WITH GASKETED JOINTS AS PER PLANS SEE NOTE 1 1. REFER TO PLANS FOR LOCATION OF SUBDRAINS AND/OR STORM SEWER LINES. WHERE PLANS SHOW THESE LINES UNDER PAVEMENT LONGITUDINALLY, SUBGRADE SHALL BE SHAPED TO DRAIN TO TRENCHES FOR THESE LINES. THIS WORK IS ALSO REQUIRED FOR LINES UNDER INTERSECTION RETURNS. DEPTH OF SUBBASE SHALL BE INCREASED AS REQUIRED FOR THIS WORK. 1.5% 2. SUBBASE SHALL BE EXTENDED OVER STORM SEWER AND/OR SUBDRAIN TRENCHES WHERE REQUIRED TO MAINTAIN PROPER SUBBASE DRAINAGE. SUBBASE SHALL BE EXTENDED TO CENTERLINE OF STORM SEWER TRENCH AND COMPLETELY OVER SUBDRAIN TRENCH. 3. SEE SUDAS DETAIL 7030.104 FOR GRADING BEHIND CURB. 4. LONGITUDINAL JOINTS SHALL BE THIRD POINT JOINTING PER SUDAS DETAIL 7010.901 (MAX.) 3.5 -11 TYPICAL STREET CROSS SECTION (PRIVATE DRIVE) (NOT TO SCALE) PROFILE LINE, I ROW, AND SURVEY BASELINE UNLESS NOTED OTHERWISE SEE NOTE 2 DRIVE VARIE 0.5% MIN 6.5% MAX COMPACTED FILL NOTES: 10 6-6 9 9' STANDARD LOW PROFILE CURB KT -2 OR L-2 JOINT SEE NOTE 4 1I PROFILE GRADE i \ SUBDRAIN (TYP) AS SHOWN ON PLANS SEE NOTE 1 - 6" COMPACTED SUBGRADE AS SPECIFIED MIN SUBBASE Ac cDFrTFTFn L7" PCC PAVEMENT DEPTH STORM SEWER WITH GASKETED JOINTS AS PER PLANS SEE NOTE 1 DRIVE VARIES 0.5% MIN 6.6% MAX 1. REFER TO PLANS FOR LOCATION OF SUBDRAINS AND/OR STORM SEWER LINES. WHERE PLANS SHOW THESE LINES UNDER PAVEMENT LONGITUDINALLY, SUBGRADE SHALL BE SHAPED TO DRAIN TO TRENCHES FOR THESE LINES. THIS WORK IS ALSO REQUIRED FOR LINES UNDER INTERSECTION RETURNS. DEPTH OF SUBBASE SHALL BE INCREASED AS REQUIRED FOR THIS WORK. 2. SUBBASE SHALL BE EXTENDED OVER STORM SEWER AND/OR SUBDRAIN TRENCHES WHERE REQUIRED TO MAINTAIN PROPER SUBBASE DRAINAGE. SUBBASE SHALL BE EXTENDED TO CENTERLINE OF STORM SEWER TRENCH AND COMPLETELY OVER SUBDRAIN TRENCH. 3. SEE SUDAS DETAIL 7030.104 FOR GRADING BEHIND CURB. 4. LONGITUDINAL JOINTS SHALL BE LOCATED AT THE CENTERLINE AND 3' OFF THE BACK OF CURBS PER SUDAS DETAIL 7010.901 PRELIMINARY PLAT SITE LAYOUT & UTILITIES PROJECT NO: 20034-16-3 P2.0 CAD File: I:\projects\20000\20034\20034-16-3 Cardinal Pointe West Part 3\DWG\POI\20034-16-3-B09.dwg Date Plotted : Dec 30, 2020 - 10:42am Plotted By : BDV 7\\\\\\\ \2\\'\ -\ \\ \\ \\\ \ \\\ �_ 45\\\\\ \\\ \ \\ -' \ \\ — \\� \ \\ \\\ \\ 7 7 \ \ \ \moi\ \ \\0_>\\\ /\ \\\ �. \\\\ \ \\\ CONSTRUCTION 1►�L * ♦ •r ��OOn°O ,0�.°O �O. ��. 4 *fit*#y�►�`�•���. \ \ -> ENTRANCE PER SUDAS DETAIL 9040.20 (TYP) \\\ \ \\\' /\ i I . \ \ \ice '49'4470-6°•0�08-0,0 • °oogooAooSio°,o.Ao ' - 7— _ 7— ( WASTE CONTAINER/ \ \ I I CHEMICAL STORAGE AREA \ \ \ �o"°° o L^ - \ Oho ° ^ I 1 \ \ \ 1 30 60 GRAPHIC SCALE IN FEET SCALE: 1"=60' \k\\ vvv A I\v v ��V Q�. �'o• i� v,�/��i �► A \� vv vvv, A , GQ'.� v \ y v7 OUTLOT H SHALL BE OPEN ° ° — " \ \ \ SPACE MAINTAINED BY °p,,A 47\\ \ �2 9 \ \\ EQUIPMENT/ MATERIAL STORAGE & STAGING AREA i \ \ . • °\o — — — 11\ \\\\\\ \A �N \ \ \\\\\\\\( - \ ,\\ \ \\\\\ \\\\\\ 7 _ I I \ \\\\\\\\\\ \ / OUTWOT J \� ore t� ( 351{,795 SF _ — \\ \\\\\\\ IA\ \NN_N\ (Y(///7-7__/_.2 \\ \\\\\\\\\\4\\\\ �— �— \��\ \\\—J/I\\\\\\\ \\ \\\\ \\\\ \� \� ; - \11�� � \A\ .\\I \\\\ \\ ANN 8 AC / \ \ 4o\mc / OUTLOT J SHALL BE OPEN SPACE MAINTAINED BY o o�oq / HOMEOWNERS ASSOCIATION Q°° p/°oo°° °ao om°0%o it“ Sit I aM TOTAL STEEP SLOPES ONSITE: 5.77 AC TOTAL CRITICAL SLOPES ONSITE: 3.95 AC DISTURBED STEEP SLOPES ONSITE: 2.71 AC (47.0% DISTURBED) DISTURBED CRITICAL SLOPES ONSITE: 0.73 AC (18.4% DISTURBED) I' I\\ `'\\\\ \\\\�\ / I \ \ \ \\\ I \\ I \ \ \ \\ \ \ \ \\\ �\ \\\ �ir�• \ \\\�~\\)( /� \ \\\ \\\ \� \ < \ \\� \ \\N\\,;,\ \ — — —� ��� / \ \\ \\ 7 — _ _ — \\ \— ______7z, CONSTRUCTION \ \ \ \ \\\ \ \\\ — _\\\ �\�_�r7// LIMIT LINE \\ \ \\ \ \ N — �_— — _ — \ \\�_— �� / \ \ \ \ NN 1 ( /// / i IJ 14 \ \\ \ \ (I IICL( NOTES: 1. CONTRACTOR SHALL VERIFY DEPTH AND LOCATION OF ALL EXISTING UTILITIES AND STRUCTURES PRIOR TO CONSTRUCTION ACTIVITIES. 2. CARE SHOULD BE TAKEN TO PROTECT ALL EXISTING STRUCTURES AND UNDERGROUND FACILITIES. 3. ALL SITE WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE GEOTECHNICAL EXPLORATION REPORT OF RECORD FOR THE SITE, WHERE APPLICABLE. 4. THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) SHALL BE KEPT ON THE CONSTRUCTION SITE AT ALL TIMES FROM THE DATE CONSTRUCTION ACTIVITIES BEGIN TO THE DATE OF FINAL STABILIZATION. ALL OPERATORS/CONTRACTORS WORKING ONSITE MUST SIGN THE CERTIFICATION STATEMENT PROVIDED AND WILL BECOME CO -PERMITTEES ON THE NPDES GENERAL PERMIT NO. 2 FOR THIS SITE. ALL OPERATORS/CONTRACTORS WORKING ONSITE SHALL BE SUPPLIED A COPY OF THE SWPPP AND MUST BE FAMILIAR WITH ITS CONTENTS. THE SWPPP MUST BE PERIODICALLY UPDATED TO SHOW CURRENT EROSION CONTROL PRACTICES. UPDATED VERSIONS OF THE SWPPP WILL BE PROVIDED TO ALL OF THE OPERATORS/CONTRACTORS WHOM ARE AFFECTED BY THE CHANGES MADE TO THE SWPPP. IT WILL BE THE DUTY OF THE PERMITTEE (OWNER OR GENERAL CONTRACTOR) TO SEE THAT THESE REQUIREMENTS ARE MET. 5. CONTRACTOR SHALL STRIP ALL ORGANIC MATERIAL WITHIN GRADING LIMITS. A MINIMUM 6" DEPTH. REFER TO IOWA CITY AND SUDAS FOR All OTHER GRADING REQUIREMENTS. 6. PRIOR TO ANY SITE GRADING ACTIVITIES, THE CONTRACTOR SHALL OBTAIN A CSR PERMIT FROM THE CITY OF IOWA CITY. 7. ALL DISTURBED AREAS NOT PAVED OR HARD SURFACE ON THE SITE SHALL RECEIVE MINIMUM 6" TOPSOIL. 8. MAINTAIN SUBSTANTIAL VEGETATED AREA AROUND ENTIRE PROJECT PERIMETER TO ACT AS VEGETATED FILTER STRIP. CONTRACTOR SHALL INSTALL ADDITIONAL SILT FENCE OR EQUIVALENT TO ENSURE EROSION AND SEDIMENTATION MEET THE REQUIREMENTS OF THE GENERAL PERMIT NO. 2. 9. CONTRACTOR SHALL PROTECT ALL ADJOINING PROPERTIES FROM DISRUPTION DURING CONSTRUCTION ACTIVITIES. 10. FILL AREAS WITHIN STREETS AND AREAS OF 4' OR GREATER FILLS WITHIN BUILDING AREAS AS SHOWN ON THE GRADING PLAN REQUIRE SOIL TESTING BY AN APPROVED GEOTECHNICAL FIRM. THESE AREAS TO RECEIVE STRUCTURAL FILL AND TESTING PER LOCAL BUILDING DEPARTMENT REQUIREMENTS. PROVIDE TESTING RESULTS TO OWNER AND ENGINEER OF RECORD. 11. PROPER PERMITS SHALL BE IN PLACE FOR ANY GRADING ACTIVITIES WITHIN THE CITY RIGHT OF WAY. 12. FINISHED CONTOURS REPRESENT FINISH GROUND ELEVATIONS. 13. ALL SLOPES TO BE NO STEEPER THAN 3.5:1. \\ \ 54 7\ 102,792 2.36 AC INLET \ \ PROTECTION - \ \ (TYP) \ \ "'6Q \ \>c \ 0.31 AC \\ \\ \ \ \ \ tz.." p. INSTALL SILT FENCE, FILTER SOCK OR EQUIVALENT PER SUDAS DETAILS 9040.19 & 9040.20 AND AROUND ALL INTAKES. °\ .o' 000 °o°b°o° °ogoo�o °oo°�oQ SO' #411:4**: 14:44 4****,:: I 4: : *$if IF is \ \\1 I / %///�////) \ \ \ \\ \\ \ �\ \ I \ I / )/ \ \ 11 \ ty EXIST\iJJG TREE \\\\ \ LINE (1' 'P) \ \\ s A V-A'A\ — -s2v, - X65 �\ \ TOPSOIL o \ STOCKPILE \ — �'•- \ AREA - \ \ \ \\\\ \ \\\\ \ \ II I 1 /, \//J 1,� 1A1 \\ \ ,\ \,\ I, II /// \i�I1 OUTLOT D // N \\ CARDINAL POINTE WEST - PART ONE 2 \\\\\\\\ \ /\\\\\\A N\\\\ \\, �`\ \\ \ \\\ \ \�\ Il \\i\� \ \\\ \,\\ \'\\ \ 11 1\,;1111/ I I j) /// I\ 1 \ l 1 I I /\\\ I\\ (III ///(/// \I y yv \VA im\ I //pi //////// ///// v\ AAV A V I I l� VA\ 11 \ v AA•,l v\ )vvv vvvvvv\\\\vv P� `00\ \ -7�\\ \\�\�� ���p� \ • / — — �� \ \ \ \ \ \\ \\ \ 7\ \ I) C \ \ \ \ \ \ 3� \\\ \\\\\\\\ \ \\ \ \\\\\\\\\\\ \VA\�\\\\\ \ \ VA\\\\VA\VA v �, \\\:\!\\& A \ \ \\AVAVA\ VA Nil,. 1 V A I A\VA\\\:N \� 1 \ — 1 1 \ Vvv yvvv vVAA \ INSTALL FILTER SOCK o BEHIND ALL DROP CURBS \ If* / \ AT SIDEWALK RAMP LOCATIONS (TYP.) i� i —iii iii i /moil 7- DRAWN BY: CJZ CHECKED BY: BDV APPROVED BY: BDV DATE: 12/18/20 FIELD BOOK: XXX NO. REVISION DESCRIPTION APPROVED // // // // DATE IOWA CITY 'sb HALL & HALL ENGINEERS, INC. Leaders in Land Development ent Since 1953 uu� 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR CARDINAL POINTE WEST - PART 3 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 7- PRELIMINARY PLAT SITE GRADING & EROSION CONTROL PROJECT NO: 20034-16-3 P3.0 CAD File: I:\projects\20000\20034\20034-16-3 Cardinal Pointe West Part 3\DWG\POI\20034-16-3-B09.dwg Date Plotted : Dec 30, 2020 - 10:43am Plotted By : BDV OUTLOT F CARDINAL POINTE WEST • • • • • • • + + + + 7- + 1 45 OUTLOT I SHALL BE OPEN SPACE MAINTAINED BY HOMEOWNERS ASSOCIATION + + + + + + + + + + + + + + + + + + + + + 4 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + - + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + i i \ \ \ � vv VA \ �\ \\ i / �\ \\� ./7\ \\ \ Y / �� iC / i' ♦ % `• Q. i ms\s \\\ \\ \ \\ \\ 7 • \ i-\\ c `• A` i i . .•• -7 • O` 7 JQ t/ • �P -GP'�— 40 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 5 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++w+ OTA (.+�+ + + + + + + + t4 -P NTE ar + + + + + + + + + PART 2 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + L + + + + + + + + + + + + + + + + + + 7- + + + + + + + + + + + + + + + + + 4- + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + - + + + + + + + + + + + + + + + + + + + + + + + + + + + + + F + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + CONSTRUCTION LIMIT LINE • 1 1 • • • • • • • • 1- + + + + + + + CONSTRUCTION + • + + + + + OUTLOT I • 187,765 SF 4.31 AC La • • • • • • • • • • • • OUTLOT D (STORM WATER MANAGEMENT) CARDINAL POINTE WEST - PART ONE • • \ C*et. • • • o o o • • • 136,1 30 60 GRAPHIC SCALE IN FEET WOODLANDS HATCH LEGEND • • 4- 4- 4- DISTRUBED WOODLAND AREA WITHIN GRADING LIMITS 50' WOODLAND BUFFER AREA* WOODLAND PRESERVATION AREA EXISTING TREE LINE 120 WOODLAND DISTURBANCE CALCULATIONS TOTAL SITE AREA: 27.06 AC. TOTAL WOODLAND AREA ONSITE: 9.76 AC DISTURBED WOODLAND AREAS ONSITE = 3.45 AC (35.3%)* TOTAL WOODLAND ONSITE PRESERVATION AREA = 6.31 AC (64.7%)* *INCLUDES ALL TREES WITHIN 50 FEET OF PROPOSED CONSTRUCTION LIMITS TO ACCOUNT FOR POSSIBLE ROOT DAMAGE EXISTING TREE • • • • • • • • • • • • mm OUTLOT K 195,681 SF 4.49 AC NM ME MEM -11111111` N • um Ism • • • • on ma mm • • • • • • INN MIN N NE NM ill DRAWN BY: CJZ CHECKED BY: BDV APPROVED BY: BDV DATE: 12/18/20 FIELD BOOK: XXX NO. REVISION DESCRIPTION APPROVED DATE IOWA CITY HALL & HALL ENGINEERS, INC. .Eceders in Land Development Sinco 1953 ff_M_Hr 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 --.W1W PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR CARDINAL POINTE WEST - PART 3 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA PRELIMINARY PLAT WOODLAND DISTURBANCE AND PRESERVATION PROJECT NO: 20034-16-3 CAD File: I:\projects\20000\20034\20034-16-3 Cardinal Pointe West Part 3\DWG\POI\20034-16-3-B09.dwg Date Plotted : Dec 30, 2020 - 10:43am Plotted By : BDV Item Number: 7.c. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT January 19, 2021 Resolution setting a public hearing on February 2, 2021 on project manual and estimate of cost for the construction of the American Legion Road Improvements Project (STP -U-3715(666)- -70-52), directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Estimated cost of construction is $7,850,000, available in the American Legion Rd -Scott Blvd to Taft Ave account #S3854 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This agenda item begins the bidding process for the American Legion Road Improvements Project. The project generally includes the reconstruction of American Legion Road (Scott Boulevard to Taft Avenue) from a rural to an urban roadway with sidewalks. The project also includes on -street bike lanes, construction of a single lane roundabout at the American Legion Road and Scott Boulevard intersection, a pedestrian underpass near the new Hoover School and new public utilities (storm sewer, sanitary sewer, water main and IT facilities). Background /Analysis: American Legion Road is currently a rural roadway (one -lane in either direction) with ditches. To support projected growth within the southeast quadrant of the City, the roadway and associated infrastructure need upgrading to current minor arterial design standards. Final plans were submitted to the Iowa Department of Transportation (I DOT) on December 29, 2020 for the March 16, 2021 bid letting. The project will be bid through the I DOT with construction administration and inspection performed by the City. The estimated cost of construction is $7,850,000 and will be funded by STBG funds and general obligation bond proceeds. The project is expected to be completed in the fall of 2022. ATTACHMENTS: Description Location Map Resolution American Legion Road Improvements - CHANDLER CT' Prepared by: Scott Sovers, Asst. City Engineer, Engineering Division. 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 21-12 Resolution setting a public hearing on February 2, 2021 on project manual and estimate of cost for the construction of the American Legion Road Improvements Project (STP -U- 3715(666)- -70-52), directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the American Legion Rd -Scott Blvd to Taft Ave account # S3854. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of February, 2021, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. City Hall is currently closed to the public because of the coronavirus. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th Attest: day of January , 2021 App by k0):IL City ttorney's Office (Sara Greenwood Hektoen — 01/12/21) Resolution No. 21-12 Page 2 It was moved by Thomas adopted, and upon roll call there were: Ayes: and seconded by Taylor Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Resolution be Item Number: 11. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 Resolution approving project manual and estimate of cost for the construction of the Mercer Aquatic Center Pool Dehumidification System Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Kumi Morris, Facilities Manager Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction is $440,000 and will be funded through the Mercer Park Pool — Dehumidification/Tuckpointing account # R4369 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Mercer Aquatic Center Pool Dehumidification System Improvements Project. The project includes Heating Ventilation and Air Conditioning (HVAC) and dehumidification upgrades to the Mercer Aquatic Center and Scanlon Gymnasium. Background /Analysis: The 2012 City Space Needs Study and Master plan, identified the HVAC, mechanical and electrical systems as deficient, energy inefficient and requiring code updates throughout the facility. In 2019 the original boilers were replaced with high efficiency units and building automation controls were added to monitor and reduce energy use on the heating load for Mercer Aquatic Center and Scanlon Gym. In the spring of 2020, the Natatorium HID (metal halide) lighting fixtures were replaced with a new LED lighting system, resulting in an estimated 40% to 50% reduction in energy usage and a reduction in lamp replacement costs. The HVAC dehumidification project is the next step to address the infrastructure's aging HVAC system, improve the building's air quality and to meet the current building code. The current code requires more fresh outdoor air supply, even air distribution, dehumidification and proper exhaust for a healthy environment for the building and the pool patrons. Another benefit of meeting the current code is that it will result in a reduction of use of pool chemicals. Lastly, as a result of the increase in air quality, there will be increased evaporation of pool water. In order to offset any increase of water consumption, a condensate recovery system will be implemented. It is estimated that the condensate recovery system can offset up to one million gallons of water annually at Mercer Pool ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 21-13 Resolution approving project manual and estimate of cost for the construction of the Mercer Aquatic Center Pool Dehumidification System Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Mercer Park Pool — Dehumidification/Tuckpointing account # R4369. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 P.M. on the 9th day of February 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 P.M. on the 16th day of February, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. City Hall is currently closed to the public because of the COVID-19. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk. Resolution No. _21-13 Page 2 Passed and approved this 19th Attest: day of January It was moved by Mims adopted, and upon roll call there were: , 2021. 4._ Terg_____ Ap d by )1 / City Attomey's Office (Sara Greenwood Hektoen — 01/12/21) and seconded by Thomas the Resolution be Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 12. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT January 19, 2021 Resolution approving project manual and estimate of cost for the construction of the Mercer Aquatic Center Masonry and Skylight Repairs Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Engineer Reviewed By: Kumi Morris, Facilities Manager Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction is $135,000 and will be funded through the Mercer Park Pool — Dehumidification/Tuckpointing account # R4369 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Mercer Aquatic Center Masonry and Skylight Repairs Project. The project includes masonry repairs and tuckpointing on the Mercer Aquatic Center interior and exterior brick facade. The project will also address the moisture issues from the Kalwall skylight system and rusted lintels around the doors, windows and above the columns in the courtyard. Background /Analysis: The Kalwall skylight system over the main lobby and entry has been leaking over the years, causing interior damage to the lobby interior walls and staining the sound attenuation fabric panels. The leaks are most pervasive during a heavy rain or a sudden snow melt, and the seals between the panels, at minimum, need to be replaced. Some of the skylight panels are damaged (potentially from past hail or high wind debris damage), and a few of the damaged panels hold brackish water and show staining in the system. The base bid includes replacing the seals, as a deferred maintenance placeholder, and an alternate is included to replace the full panel system. The masonry and lintel work will resolve moisture issues from deteriorated or clogged weeps in the brick structure. Moisture from precipitation is trapped behind the structural brick walls and unable to escape, which has caused rusting in the steel lintels above doors and windows and dark black unsightly staining in the brick course work. This damage is most visible in the main entry and above the windows and doors in the courtyard neighboring the Proctor and Gamble room. ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 21-14 Resolution approving project manual and estimate of cost for the construction of the Mercer Aquatic Center Masonry and Skylight Repairs Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Mercer Park Pool - Dehumidification/Tuckpointing account # R4369. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 P.M. on the 9th day of February 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 P.M. on the 16th day of February, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. City Hall is currently closed to the public because of the COVID-19. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk. Resolution No. 21-14 Page 2 Passed and approved this 19th day of January Attest: It was moved by Weiner adopted, and upon roll call there were: , 2021. Mayo rio-r- )4((AL City Attorney's Office (Sara Greenwood Hektoen — 01/12/21) and seconded by Taylor Ayes: Nays: Absent: x x x x x x x Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 14. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT January 19, 2021 Resolution approving Agreement for Private Redevelopment by and between The City of Iowa City, Iowa, Tailwind College Street, LLC, and Tailwind College Street IC, LLC Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Recommendations: Staff: Approval Commission: Council Economic Development Committee, approve 2-0 (Salih absent). Attachments: EDC Minutes (preliminary), Dec. 9, 2020 NDC memo Tailwind project overview slides Communications Protocol Resolution Development Agreement Executive Summary: The Tailwind Group is proposing a multi -faceted redevelopment project on the south side of the 100 block of East College Street from what was most recently El Patron Restaurant on the west to Martini's on the east, or 109 through 127 E. College Street. The project involves historic preservation of the original buildings, reactivating under -used commercial spaces, building a new theater for Riverside Theatre, building a new 102 -unit LEED Gold certified apartment building and contributing more than $1.8 million to the affordable housing fund. To make the project work, the developers seek $12.25 million in tax increment financing rebates over a of 15 years. Because staff is still working through final details of the concept plan, the attached Development Agreement is in draft form. Background /Analysis: The Tailwind Group began working on this project since they purchased their first building there in 2017. They have since acquired all the buildings on the block except for the Savings and Loan building on the corner, which is not part of the project. The Tailwind Group is based in Mankato, Minnesota and specializes in the development, investment, acquisition, and management of properties across the country. They manage approximately 30 properties valued at more than $500 million. They envision a project with five key public benefits: Historic preservation, re -energizing commercial activity in the buildings, making a new home for Riverside Theatre, building a LEED Gold certified apartment building on the south side of the historic buildings and contributing upwards of $1.8 million to Iowa City's affordable housing initiatives. Tailwind have sought to rezone the Crescent and Dooley Block buildings as historic and intend to make renovations and repairs to existing building exteriors and interior spaces. The third building in the project area, the College Block, is already historically zoned and has been listed on the National Register of Historic Places since 1973. Landmark zoning designation seeks to maintain the historic buildings in perpetuity, preserving a treasured row of storefronts, part of the authentic character of the Ped Mall. Without this designation, developers would be free to demolish the buildings and by rights, rebuild any building that would comply with the zoning code. Plans are to reinvigorate a block of the Ped Mall by "right -sizing" the currently large spaces to allow small businesses to occupy storefronts economically. The Crescent Block Union Bar commercial space will be reduced by more than 50% with the removal of the rear half of the building and by separating the second -floor space that had been a part of the bar. The first floor will become two smaller commercial spaces of approximately 1,700 square feet each. The Dooley Block/Field House will also be reduced by half with the removal of the back half of the building. The goal is to attract businesses that would be open both during the day and into the evening. For decades, this block of College Street was home to two of the largest college bars in the state. While business was brisk at night, lights were off and doors were locked during the day making for a quiet section of the Ped Mall. The Union Bar was open until March and the old Field House bar has been shuttered for years because the space was simply too large for other tenants to consider. Under the current zoning regulations, drinking establishments will not be allowed in either space, though discussion is underway with at least one restaurant in the Union Bar space and a brew pub eating establishment is planned for the former Field House location. Supporting the effort to make Iowa City the Greatest Small City for the Arts, Tailwind will build a new home for Riverside Theatre with lobby area, seating, and a stage on third floor and offices, a shop and storage on the second floor of the former Union Bar. The theater box office and main entryway to the redevelopment would be featured in the former Soap Opera store entry on the first floor. The third -floor state-of-the-art theater facility will evoke those of larger metropolitan cities, where theaters find homes on upper floors of older buildings filled with character and charm. To ensure accessibility, building entry ways will be ADA accessible on the north and south sides and an elevator will be installed. While the Developers' steeply discounted rent for the theater creates a greater financial gap in the project, City support for arts and cultural resources has substantial precedence. The City has supported similar capital expenses for the Englert, FilmScene, and PS1, believing that these organizations help create the foundation for one of the strongest art scenes in the nation for a city of our size. A significant part of the redevelopment will be the addition of a new 102 -unit multi -family building to the south of the historic structures, behind the existing buildings along the alley. To make way for the new building, non -historic portions of the old buildings will be demolished, subject to the approval of the Historic Preservation Commission. The new building will be built to LEED Gold standards and include apartments on nine floors over two floors of parking with a building height matching the hotel next door. TIF policies require a minimum of LEED Silver certified with at least 8 points awarded for the LEED NC Optimize Energy Performance credit to ensure TIF projects help meet the city's carbon emission reduction goals. this project is anticipated to exceed that requirement with the LEED Gold Certification. Open space requirements will be met by providing a courtyard and courtyard amenities between the new building and the old buildings to the north. Developers of residential units funded, in part, with TI F are required to provide 15% of the units as affordable housing at or below the 60% AMI level by providing those units on site, off site, pay a fee in lieu, or through a combination of these options. This project will create 102 new residential units, creating an affordable housing obligation of 16 units, or an anticipated $112,853 fee in lieu thereof for each unit. Tailwind desires to pay the fee in lieu for all required 16 units, amounting to more than $1.8 million. In August 2019, the Tailwind Group presented its concept to the Economic Development Committee (EDC). They proposed a $65 million project with a $9 million in TIF request. The project included a LEED Silver certification for the new building and an undetermined method of providing affordable housing. They received favorable comments from the EDC and were asked to refine numbers, determine how to incorporate the affordable housing requirement and prepare for the City's due diligence process proving the $9 million need. In July 2020, Tailwind returned to the EDC having made many refinements including a reduced total project cost of $61 million with a higher $13.5 million TIF request. Some costs had decreased such as the less expensive building material of steel versus concrete construction but more had increased. The developer had sensed the strong appeal for LEED certification and proposed LEED Platinum for the new building. They had also designated more space for the theater. Those costs, coupled with the higher operations costs of providing discounted lease rates of more space to the nonprofit, added to the expense. The full cost of meeting the affordable housing requirement had not been previously accounted for. Since July, staff worked with the developer to address questions posed by EDC members. One concern was the hefty increase in cost from LEED Silver to LEED Platinum between the first and second presentations. Developers and their architects re-examined those costs and were able to reduce them considerably by going from Platinum to the now LEED Gold certified, still exceeding TIF policy. There had also been discussion about which method developers would use to comply with the Affordable Housing requirement. While one EDC member liked the idea of a mix of on- and off- site affordable units, two others liked the idea of increasing affordable units in the near downtown, an idea that could be realized by using funds generated by fees in lieu. The Tailwind Group now intends to pay the fee -in -lieu option. Should they have opted for it, alternative off-site units for this developer would have been located at their other Iowa City property, the Quarters, south of Highway 6 east. A proposal for the use of these funds by the City will be included in the 2021 Affordable Housing plan. Developers also shared plans for the re -use of 111 E. College St. (former Sears/Field House). They have worked with local restaurateur and brewery operator, Jim Mondanaro on an expansion of the Reunion Brewery to this location. Incorporated into the space would be a five -vat brewery supplementing Reunion's other two brewing locations. Most of the brewery/restaurant revenues would come from restaurant operations offering a full menu all day, every day. Hours of operation would begin before noon and close late on weekends boosting daytime ped mall activity. To facilitate the later hours proposed by the operator, staff is working with the Iowa City Downtown District on a proposal that would allow some eating establishments meeting certain operating and management requirements to stay open past midnight. Such a proposal is expected to come before Council in early 2021. The use of first floor commercial space in the redevelopment also includes a new tenant for 127 E. College (Martini's location), a new tenant or tenants in the "right sized" spaces in the east half of the Crescent Block (Union Bar location) which will not be drinking establishments, the return of Revival Clothing to 117 E. College, a possible new tenant for 115 E. College (Graze location) and a new tenant in 109 E. College St. (El Patron location). Four existing one -bedroom apartments will remain on second floor of 127 E. College, two one -bedroom apartments will remain on second floor at 115 E. College and four one -bedroom apartments will be built on the second floor of the 121 E. College. Financial Analysis In September, the City contracted with the non-profit National Development Council (NDC) to conduct the financial gap analysis of the proposed project. Tom Jackson, an NDC Director, led the effort and a letter detailing his review follows. The "gap" is determined by review of total project costs minus permanent debt and equity sized to a reasonable return. Total project costs include acquisition, renovation costs, construction costs, and fees which are reviewed to ensure they are reasonable. After that, NDC did an analysis of a 20 -year operating pro forma challenging developers' assumptions and looking at how the amount of permanent debt is determined, including lender underwriting criteria, and whether returns to the developer are reasonable. Net operating income was evaluated, challenged as necessary and used to determine the fair market value, the key to determining loan maximization and taxable value. In summary, total development costs for the project are $54.4 million, permanent debt is $35.8 million, and required equity is $11.6 million, leaving a $9 million gap to be filled with a private loan. The Developer is requesting a $12.25M TIF rebate to help repay the cost of this private loan. The breakdown is further detailed in Mr. Jackson's letter, following this memo and the project description. Proposed TIF funding Guided by the NDC report, staff negotiated with the developer for a maximum of $12.25 million in rebates over 15 years to service the gap loan they will need to get the project built. The first 8 years of rebates would be 100% of the tax increment created by the increase in value of the project properties (the tax increment is the total property taxes paid less current base taxes and protected levies). The final 7 years of rebates would be equal to 75% of the tax increment created by the increase in value. The reduction in TIF rebates from 100% to 75% in year 9 means that 25% of the new property taxes will be added to the base taxes already flowing to the city, county, and schools, allowing those entities to benefit from the increase in value during the TI F term. It is also important to note that the City has no obligation to rebate to the developers any more than the tax increment generated by this project, in the percentages described above. Should the property tax increment collected fall short of the total $12.25 million over 15 years, developer bears the burden of that shortfall. Conformance with TIF Policies This development satisfies the TIF policies, updated in November 2017, as summarized below: Sustainability: New construction must be certified LEED Silver with 8 points from the energy optimization category. • The new building to be LEED Gold certified and will earn at least 8 points from the energy optimization category. Downtown building heights and character: Projects must indicate how the proposed project will help "to preserve and enhance the historic buildings and character of Downtown, while encouraging appropriate infill redevelopment with a mix of building uses." For a proposed project which would be located on a street with a substantial number of buildings eligible for historic landmark designation, the tallest portion of the project must be stepped back from its street frontages far enough to produce "no significant impact" on the existing historic character of the street fronts when seen from the public right-of-way. • Every street facing building will be designated a Local Historic Landmark, maintaining the historic storefronts and buildings in perpetuity. • Existing buildings' storefronts will be rehabilitated in a historically appropriate manner. The new building will be set behind the old buildings far enough to either not be visible or have no significant impact on the historic character of those in front. Projects must provide exceptional public benefit by going beyond what is required by other sections of the policy, and which advance the City's vision of fostering a more inclusive, just, and sustainable city. The developer is exceeding the sustainability policy by going with LEED Gold certified. • The developer is providing below market -rate rent for a non-profit Iowa City cultural institution that will foster a greater diversity of downtown activity and patrons. Affordable housing: TIF projects in any urban renewal area with a residential component must provide a minimum of 15% of the units as affordable to tenants at or below 60% AMI (area median income). Developers may be eligible to negotiate a fee -in -lieu of providing on site affordable housing, or to provide affordable housing elsewhere in the community, subject to the City's sole discretion. • The developer intends to pay the fees in lieu which will amount to more than $1.8 million anticipated to be used by the City in a program to be presented with the 2021 Affordable Housing Plan. Economic Justice: The City will not contract with or provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. • This commitment is memorialized in the development agreement. Procedural Steps The City -University Project 1 Urban Renewal Plan was amended to add this project on October 6, 2020, enabling City Council to consider it for TIF financing. The Historic Preservation Commission reviewed and conditionally approved an application for a Certificate of Appropriateness for demolition of rear structures, alteration of storefronts, rehabilitation of facades, and a new addition on November 12, 2020. HPC conditioned the approval on Council's approval of an ordinance rezoning the relevant portions of the project as historic. The City Council has approved two readings of the historic rezoning ordinance, however, the developer has requested the third reading be deferred to January 19, 2021. The Board of Adjustment approved a special exception (3-1) for a reduction in required parking on Dec. 9, 2020 for the purpose of preserving historic structures. The special exception is contingent on approval of the historic rezoning designation. Staff is preparing a draft code amendment to allow an eating establishment to remain open past midnight as a conditional use through special exception. The developers hope that the proposed brewpub can apply for and receive permission to remain open until 2 a.m. Council may expect this proposed code amendment in early March. On December 9, 2020 the EDC approved a recommendation of the Tailwind Group project to the full City Council (2-0, Salih absent). Recommendation Staff recommends approval of a Private Redevelopment Agreement for the project as described above. ATTACHMENTS: Description EDC minutes, 12-9-20, preliminary NDC memo Tailwind project overview slides Communications Protocol Resolution Development Agreement MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 9, 2020 VIA ZOOM PLATFORM, 3:30 P.M. Members Present: Members Absent: Staff Present: Others Present: EDC minutes December 9, 2020 - p.1 PRELIMINARY Susan Mims, John Thomas Mazahir Salih Wendy Ford, Geoff Fruin, Eleanor Dilkes, Sara Hektoen, Tracy Hightshoe, Erika Kubly, Rachel Kilburg Brandon Smith, Michael Sather (Tailwinds Group); Kevin Monson, Nathan Griffin (Neumann Monson Architects); Andre Perry (Englert); Andrew Sherburne (FilmScene); Adam Knight and Kate Markham (Riverside Theatre); Curt Nelson (Entrepreneurial Development Center); Isaac Hamlet, Zachary Smith (Press Citizen); Lee Hermiston (Gazette); Nancy Bird (ICDD); Paul Brennan, Brad Oglesby RECOMMENDATIONS TO COUNCIL: Thomas moved to recommend the Tailwinds Group project to the full City Council. Mims seconded the motion. Motion carried 2-0, Salih absent. Thomas moved to recommend support to the full City Council for the funding as presented to the above four organizations. Mims seconded the motion. Motion carried 2-0, Salih absent. CALL MEETING TO ORDER: The meeting was called to order at 3:32 P.M. Chairperson Mims welcomed everyone and asked that those present on the call introduce themselves as they present. CONSIDER APPROVAL OF MINUTES FROM THE JULY 13, 2020, ECONOMIC DEVELOPMENT COMMITTEE MEETING: Minutes from the July meeting were reviewed. Thomas moved to approve the minutes from the January 27, 2020, meeting as presented. Mims seconded the motion. The motion carried 2-0, Salih absent. DISCUSS TAILWINDS PROPOSAL FOR HISTORIC PRESERVATION AND REDEVELOPMENT PROJECT ON SOUTH SIDE OF 100 BLOCK OF EAST COLLEGE STREET: Ford began the discussion by giving a brief history of the Tailwinds proposal. She noted that since the last meeting, the developer has refined their financials including the amount requested for TIF financing, and a financial analysis has now been completed. The proposal is for a $54 million project, for which the developers seek $12.25 million in TIF rebates. Ford reviewed the five public benefits of EDC minutes December 9, 2020 - p.2 PRELIMINARY the proposed project. Starting with historic preservation, the project rehab existing historic facades and activate long -vacant storefronts. It would provide a new home for Riverside Theatre, build a LEED-Gold certified apartment building, and contribute more than $1.8 million to the City's affordable housing fund. In exchange for TIF financing, the developer will designate the Dooley and Crescent blocks as local historic landmarks. With the historic landmark designations in place, those buildings could not be demolished in the future. Regarding the former Union Bar space, Ford noted that this commercial space would be reduced by more than 50% with the elimination of the rear half of the building and would then be divided into two smaller commercial spaces. Talks are under way with a restaurant for one of the new spaces created in the Union Bar building. A new home for Riverside Theatre is being planned for the third and part of the second floor of the former Union Bar space. To "right -size" the huge former Fieldhouse Bar, the back half of that building would also be removed. A combination restaurant/brewery is planned for the entire remaining building. Another key component to the project would be a 102 -unit apartment building behind the existing buildings, along the alley. This would be a LEED-Gold certified building, with nine floors of apartments, over two floors of parking. Ford noted the building height would match that of the Graduate Hotel to the east. Regarding the affordable housing component of the project, Ford stated that Tailwind desires to use the fee -in -lieu option, which would amount to $1.8 million. Ford reminded Members of the initial proposal presented in August 2019 and a subsequent presentation in July 2020. The revisions presented in July, prompted new questions by Members and since that time, staff has worked with the developers to address these questions while the National Development Council (NDC) performed an analysis and confirmed a $9 million financial gap in the project. Following the gap analysis, Staff negotiated with the developers for a maximum of $12.25 million in TIF rebates over 15 years, which would service a $9 million financial gap loan developers would need to get the project built. Brandon Smith with the Tailwinds Group then addressed Members. He spoke to some of the questions raised at previous meetings, including the question of LEED certification and their ultimate decision to go with LEED Gold. He also talked about the options for providing affordable housing and their desire to pay fees in lieu for the 16 required units. Staff fielded questions from Members on how TIF rebates would work, and also what a reasonable rate of return for the developer is. Fruin noted that the developer's IRR (internal rate of return), an indicator of return on investment, would be 6.09%. Mims then spoke to her support of the project, noting that the benefits of the project are numerous, with protection of the historic buildings being high among them. She also noted her excitement that Riverside Theatre will be an integral part of this project. Thomas agreed that he too would be supporting this project. He noted the complexities involved in making a project of this size and scope work. Thomas moved to recommend the Tailwinds Group project to the full City Council. Mims seconded the motion. Motion carried 2-0, Salih absent. ANNUAL SUPPORT FOR ARTS ORGANIZATIONS: Ford noted that representatives from three non-profit arts organizations and an entrepreneurial development organization would be speaking today. She stated that these organizations' funding requests are staying the same, with Englert Theater at $50,000 for operations, and $20,000 for Mission Creek and other festivals. Film Scene is requesting $25,000, along with $7,000 for a new film EDC minutes December 9, 2020 - p.3 PRELIMINARY festival this coming year. Riverside Theater's request is again $20,000. The Entrepreneurial Development Center, or EDC, is requesting $25,000. Andre Perry with the Englert Theater was the first to speak. He noted the impact that COVID-19 has had on their operations, essentially slashing their budget from $1.8 million to about $900,000. Cuts have been made to staffing, as operations have shrunk during the pandemic. However, with wide support, they have been able to stay afloat. Looking at the goals of the Englert, Perry noted that preserving the Englert itself remains top on the list, along with serving the community, especially during tough times such as these. With live performances canceled during the pandemic, the Englert will continue to offer digital programming in the coming year. Andrew Sherburne, with FilmScene spoke next. He said they had been excited to have just opened the second location of FilmScene last year, growing attendance from 3,700 per month to nearly 7,000 — almost doubling in the first six months. Sherburne then noted many of the programming efforts that FilmScene has been able to undertake in the past year. FilmScene is planning to extend their virtual offerings, like the Englert has. Adam Knight with Riverside Theatre spoke next. He noted the expected increase in stability of Riverside as they plan for their new home on the ped mall. He expressed what they hope to accomplish with this project, noting that with the pandemic they have had to scrutinize their operations. The popular free Shakespeare program is expected to be a six-week project in the summer of 2021, four more weeks than in 2018. Kate Markham with Riverside added that they are working very hard at expanding their outreach efforts and community partnerships. Lastly, Curt Nelson with the Entrepreneurial Development Center spoke to Members. He spoke to the history of the EDC and the various businesses they have been able to help over the years. To date, they have worked with approximately 111 businesses in Iowa City alone. He gave Members several examples of businesses that the EDC has worked with locally. He also spoke to the pandemic and its impacts to businesses throughout the area. Thomas moved to recommend support to the full City Council for the funding as presented to the above four organizations. Mims seconded the motion. Motion carried 2-0, Salih absent. UPDATE ON SMALL BUSINESS RESOURCE PROGRAM: Kubly spoke to Members regarding the City's CDBG economic development funds. She stated that after having difficulty getting qualified applicants, some revisions were made to the program. So far nine applications have been received for this revised funding program, according to Kubly. She gave a brief review of the status of those applicants. UPDATE ON THE BUILDING CHANGE PROGRAM: Hightshoe addressed Members on the Building Change program. She gave them a brief history of its accomplishments, noting that they are currently at the end of this program, with no new funds expected. STAFF REPORT: EDC minutes December 9, 2020 - p.4 PRELIMINARY Hightshoe spoke briefly to the COVID assistance program staff recently launched. This program will provide up to $15,000 in grants for businesses impacted by COVID-19. Ford then spoke to the outreach that has started in the three urban renewal areas offering TIF funded energy efficiency grants. COMMITTEE TIME: None. OTHER BUSINESS: None. ADJOURNMENT: Thomas moved to adjourn the meeting at 4:57 P.M. Mims seconded the motion. Motion carried 2-0, Salih absent. EDC minutes December 9, 2020 - p.5 PRELIMINARY Council Economic Development Committee ATTENDANCE RECORD 2020 Key: X = Present O = Absent O/E = Absent/Excused TERM 01/27/20 07/13/20 12/09/20 NAME EXP. Susan 01/02/22 X X X Mims Mazahir 01/02/22 X X O/E Salih John 01/02/22 X X X Thomas Key: X = Present O = Absent O/E = Absent/Excused aNDC MEMORANDUM Date: December 4, 2020 To: Geoff Fruin, City Manager City of Iowa City NDC Headquarters One Battery Park Place 21 Whitehall Street, Suite 710 New York, NY 10004 (212) 682-1106 From: Tom Jackson, Senior Director, National Development Council Sheldon Bartel, Director, National Development Council Cc: Wendy Ford, Economic Development Coordinator, City of Iowa City RE: Review of Request for Financial Assistance for Tailwind East College Street Project At your request, NDC has reviewed the materials submitted by the Tailwind Group (the "Developer") in support of its request for gap financing in an amount up to $12.25 million for a mixed-use development located at 109-127 East College Street in downtown Iowa City. The Tailwind East College Street Project (the "Project") proposes to: • Demolish the rear, south -facing portions of five of the buildings on the project site to accommodate the new construction of a 102 -unit, student housing tower comprised of nine floors of residential units over two levels of structured parking. • Rehabilitate the remaining portions of the historic, north -facing buildings on the pedestrian mall for continued retail/restaurant/office use and for ten (10) upper-level residential units. NDC reviewed the Developer's initial submissions to the City and both parties have exchanged questions and documents by video conference, email, and electronic transfer over the past nine weeks. The Developer has updated its assumptions and projections on the Project's development costs and operating revenues and expenses with appropriate detail as additional information has become available, and in response to requests from NDC. The Developer has provided the following documentation to support its request for rebates on some or all of the incremental property taxes projected to be paid by the Project (Tax ndconline.org NDC Analysis - Tailwind East College Street Project December 4, 2020 Page 2 Increment Financing - or TIF - rebates) and NDC's analysis of the request: • A Development Budget based on: o Architectural designs by Neumann Monson Architects of Iowa City. The designs are projected by the Developer to be fully complete by the second week of December 2020. o Detailed construction estimates provided by Knutson Construction of Iowa City with headquarters in Minneapolis, Minnesota. Knutson will serve as the General Contractor for the project. o Purchase and lease buyout agreements for the five property acquisitions that make up the Project site. An appraisal, prepared by Appraisal Associates Company of Cedar Rapids, Iowa, and dated February 11, 2020, was also provided for the building at 127 East College. o An allowance for the payment of a fee in lieu to the City's affordable housing fund in the amount $115,000 for 16 units to comply with the City's 15% affordable unit requirement for projects requesting TIF assistance. The fee is adjusted to an amount above the current $112,853 per unit requirement in anticipation of 2021/2022 adjustments to the fee. • An appraisal report for the as -complete project with an effective date of valuation of August 20, 2020, prepared by CBRE of West Des Moines, Iowa. • The Developer's 20 -year proforma statement of annual operating revenues and expenses (the Proforma). o The as -complete appraisal substantially verifies the Developer's submitted revenue, expense, vacancy, and valuation assumptions. o Projected average commercial rents fall slightly below the appraiser's opinion of prevailing rates given plans to lease approximately 30% of available space to a non- profit at less than 50% of the market lease rate. • A preliminary term sheet from GreenState Credit Union of North Liberty, Iowa, dated May 21, 2020, that outline rates, maturities, underwriting criteria, and other requirements for the construction, senior and gap debt. • An analysis of current (base) property taxes and projected property tax estimates prepared by Ryan LLC of Chicago, Illinois, as well as appropriate records from the Johnson County Assessor. ndconline.org NDC Analysis - Tailwind East College Street Project December 4, 2020 Page 3 While the design of the project is substantially complete and the provided construction estimates are detailed, final construction and rehabilitation costs have not been set in a guaranteed maximum price contract at this time. Likewise, final terms for the combination construction and permanent (senior) loan and the gap loan that would be supported by the requested TIF rebates have not been finalized. Finally, the Developer has indicated that additional discussions with Iowa's State Historical Preservation Office on eligibility for federal and state Rehabilitation Tax Credits (RTCs) are necessary and may involve some design changes on the mixed-use, pedestrian mall buildings. Given the information available at this time, the project's sources and uses are projected as follows: Total Project Costs $56,442,814 Sources Senior Bank Loan $35,800,000 Gap Loan (TIF Rebate Supported) $9,000,000 Required Developer Equity $11,642,814 Total Sources $56,442,814 To make the project economically feasible, the Developer has requested: • A maximum of $12.25 million in TIF rebates over a period of up to 15 years; with, o 100% of available increment (i.e., total property taxes paid less current base taxes and protected levies) in Years 1 through 8 of the Project's operations; and, o 75% of available increment for years 9 through 15. NDC's analysis of the documentation, estimates and projections the Developer has presented for the Project to date, and NDC's projection of the property tax increment available for rebate, indicates that the requested gap financing assistance is reasonable for the following reasons: • The amount of projected senior bank debt attracted to the deal has been maximized given the projected operating proforma, historically low interest rates, a reasonably long (30 - year) amortization period, and assumed underwriting criteria (1.20 debt coverage ratio, 80% loan to value) that are favorable to the project. ndconline.org NDC Analysis - Tailwind East College Street Project December 4, 2020 Page 4 o The loan amount is also favorably influenced by the appraisal report's strong capitalization rate of 5% for the Project's proposed mix of student housing, rental apartments, and commercial space. o The proposed loan amount exceeds NDC's projection of debt capacity by just over $800,000. • The TIF rebate -supported gap loan, at $9,000,000, is also maximized given the projected available increment, which falls short of covering the loan cost over 15 years. • At $11,642,814, the amount of developer financing (equity comprised of donated property and cash) required to meet the project's needs is impacted by, and supports projected returns, as follows: o The required equity is not significantly off -set by the budgeted developer fee of $500,000, or approximately 1.1% of depreciable costs less acquisition. o The Developer has set the contingency at approximately 2.5% of construction costs, has not budgeted a soft cost contingency, and budgets Tess than one month of operating expenses and debt service for operating reserves. Both the contingency and reserve budgets will need to meet senior lender requirements, which may in turn require additional equity contributions. o Provides a cash -on -cash return (annual cash flow before taxes - developer financing) of 1.74% in Year 1, which rises to 3.7% in year 8 before falling below 3.0% in Year 9 given the reduced TIF rebate percentage. These numbers provide slim margins in the early years of the project given risks of higher operating costs and lower occupancy rates and rents. o Provides an internal rate of return (IRR) of 6.09% assuming a sale of the property in Year 16. The IRR is calculated by combining and discounting the projected cash flow, tax, and appreciation benefits of the project. ■ An IRR of 6.09% is well below the desired returns of most investors looking to proceed with a project given predevelopment, construction, and operating risks. The historical strength of student housing projects does attract investors at rates of return below those for other types of projects. ■ The possibility of the need for additional equity if construction costs, contingency budgets, reserve requirements or financing costs rise would have the impact of lowering the Developer's IRR over the projected holding period. ndconline.org NDC Analysis - Tailwind East College Street Project December 4, 2020 Page 5 ■ Faster escalation of the Project's valuation increases, currently averaged at 2% per year, would increase the amount of TIF rebate available. It would also increase the Developer's IRR and, as the percentage of rebate falls in Year 9, the City's collection of incremental taxes. Given NDC's conservative assumptions, the total rebates will fall short of the maximum of $12.25 million by over $2 million at the end of 15 years. ■ The benefit of federal and state Rehabilitation Tax Credits (RTCs) is currently estimated at 35% of the maximum that would be available if all the historic building rehabilitation was eligible. This percentage is higher than the Developer's current estimate and may not be attainable given unresolved approvals and regulatory limits on building by building eligibility where the cost of rehabilitation is less than recent acquisition costs. Any success by the Developer in significantly exceeding the 35% estimate will increase the projected IRR substantially. Conclusion: The documents, discussions and responses presented by the Developer in support of its request for a rebate of up to $12.25 million of available incremental property tax payments, as outlined in more detail above, demonstrate that the requested assistance is reasonable. The assistance will help to avoid financing gaps that could make the Project economically unfeasible and unlikely to proceed and do not unduly enrich the Developer. If, prior to approval of any City assistance, Project costs or market conditions vary substantially from what the Developer has projected and NDC has reviewed, NDC will reexamine this evaluation as requested. ndconline.org EAST COLLEGE STREET DEVELOPMENT PROJECT OVERVIEW TAILWIND GROUP JANUARY 08, 2021 CONTENTS 1. OVERVIEW 2. KEY OBJECTIVES 3. PED MALL FACADES 4. EXISTING & PROPOSED S. NEW BUILDING IMPACT NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 5 CLINTON NEUMANN MONSON ARCHITECTS TA,LWIN01 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 000L ET BLOCK CRESCENT BLOCK PED MALL COLLEGE BLOCK E BURLINGTON 5 DUBUQUE OVERVIEW E COLLEGE ST Fulfill Master Plan Vision Designate Local Historic Landmarks Activate Ped Mall with Small Businesses NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 Provide Exceptional Public Benefit Devote Crescent Block 3rd Floor to Non-profit Arts Organization Match New Building Height to that of The Graduate KEY OBJECTIVES Promote Environmental Sustainability Achieve LEED GOLD Reuse Existing Buildings Densify Downtown NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 1910 PED MALL FACADES 1933 NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 1925 PED MALL FACADES 1965 COLLEGE BLOCK CRESCENT BLOCK —DOOLEY BLOCK SEARS BUILDING DOOLEY BLOCK • Lisa •. ' h }I it .���� Area of Work w �n NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 r .1 ; • r -sr • vi h n�di®F oat si MI •' Ji • 1 PED MALL FACADES 7-2 Area of Work an_+ '`.•.MYY Proposed ■. iikalidd tet Existing J Retain door opening; provide Retain door opening; glaze with metal guard for 'Juliet balcony' compatible metal -glad wood unit A ad" WNW El Fl 8 H!U-I ;� R 1 Storefront -type entries P. BA II11 Brick -clad CMU wall compatible with existing adjacent masonry and fenestration r :: -mr-a � _ 1 Brick -clad CMU wall compatible with existing adjacent masonry and fenestration 11 1[1 n riri r: 1. ---- Replace windows as required with compatible metal -clad wood units Retain door opening; provide metal guard for 'Juliet balcony' Wood -clad wall compatible with existing adjacent masonry and fenestration Proposed NEUMANN MONSON ARCHITECTS TA,LWIN01 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 SOUTH FACADES Existing Opera House Block. DOOLEY BLOCK ADDITION (TO REMAIN) DOOLEY BLOCK 1895 Sears, Roebuck, & Co. 1929 construction NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 DEMOLISH 1 CRESCENT BLOCK \COLLEGE BLOCK 1894 Montgomery Ward 1929 construction EXISTING - FROM SOUTH 1883 The Nita:: Graduate 46> 411 —111 te 4;1 r III 1r ICI ® '4 t 91 11.11 il Opera Hous, Block PEDESTRIAN MALL NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 Sears, Roebuck, & Co. Montgomery Ward renovation renovation 1929 1929 DOOLEY BLOCK CRESCENT BLOCK 1895 1894 r 1 1 retain 1 remove retain �.... remove retain remove retain remove COLLEGE BLOCK 1883 retain • • remove Sears, Roebuck, & Co. 1929 construction L Montgomery Ward 1929 construction New Building (dashed) 1 1 1 1 1 1 1 J a The Graduate EXISTING - GROUND FLOOR DIAGRAM • n I. I li id • - I4i$II11 Opera House Block >OOLEY BLOCK 1895 Bar / Rest. NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 PEDESTRIAN MALL SEARS BUILDING 1929 Bar / Restaurant DOOLEY BLOCK 1895 Retail Montgomiry Ward - renoition 193 RES. NT BLOC( Revival Entry Hall 894 Retail :1 Retail COLLEGE BLOCK 1883 Martini's 1 '46 61 i'tcf.7;i=r.13: ALLEY r. - PROPOSED - GROUND FLOOR DIAGRAM Dec 20 Solstice 24.9° Max Height per FAA 150'4 Graduate Hotel Height • .•••• March 20 / Sept 23 Equinox 48.16° June 20 Solstice 71.7° DOOLEY BLOCK & COLLEGE BLOCK HEIGHT PED MALL COLLEGE ST CRESCENT BLOCK NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 NEW BUILDING IMPACT -aaillikl la I RESIDENTIAL UNITE RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS — RESIDENTIAL PARKING RESIDENTIAL PARKING NEW BUILDING Iowa City 41.6611 N, 91.5302 W L11 L10 L09 LO8 L07 L06 49' +/-35' L05 i L04 ti L03 LO2 _O1 0 --4i 0 View from S. Clinton Intersection New building shown for massing purposes only QView across Ped Mall from Crescent Block NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 New building shown for massing purposes only r:111:-‘711-4;8;24\ir 00 • 0 View across Ped Mall from Dooley Block z New building shown for massing purposes only 311111:111011D 12 0 0 0 0 0 PED MALL / E COLLEGE VIEWS FROM PED MALL 0 View across Ped Mall from College Block NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 New building shown for massing purposes only J View from Weatherdance Plaza New building shown for massing purpos- z 0 1- z J 0 v1 VIEWS FROM PED MALL 0 0 S DUBUOUE PED MALL / E COLLEGE 180'-0" 30'-0" f Levels 5-10 20'-0" L Levels 3-4 NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 Ec 1G= r v 6' 09-, LZ ,0S O O rn 0 0 40'-0" FLOOR PLAN DIAGRAMS 3 -Bed Unit 1015-sf 2 -Bed Unit A 760-sf 2 -Bed Unit B 1100-sf 2 -Bed Unit C 1170-sf 2 -Bed Unit D 810-sf 2 -Bed Unit E 620-sf 2 -Bed Unit F 1015-sf 1 -Bed Unit A 540-sf Level 11 PARKING PARKING L11 L10 L09 L08 L07 L06 L05 L04 L03 L02 L01 1.�• ��;lett 10, i. ••• Vis.I eR• • View from S. Clinton concept render © Viiew from Graduate Hotel entry NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 concept render 0 View from Graduate Hotel entry VIEWS FROM SOUTH z 0 1— z J 0 v1 PED MALL S DUBUOUE concept render E COLLEGE STAFF PRESENTATION TO FOLLOW: 1 r i .7.14r tui , + mom ra � II CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgoV.org • Historic Preservation of some of Iowa City's beloved commercial architecture • A new home for Riverside Theatre • Lively commercial activity in every store front day and night • LEED Gold certified new construction • $1.92 million influx to the Affordable Housing fund College Block 127 12S Crescent 13Iock 123 121 119 117 115&113 Dooley Black 111 109. F x is±i ng COLLEGE 9l.00K CRESCENT BLOCK DOOLEY-- BLOCKCK SEARS BUILDING DOOLEY- BLOCK Proposed NEUMANN MONSON ARCHITECTS TpI,411.42I FAR : GLEJE STREET DE.ELOFiErlT E11.1 PED MALL FACADES Existing Airj ORPpra� Huse bOCLEY BLOCK ADDITION' (TO RERAN) 4 4P DOOLEY BLOCK 1x95 54rs, Roebuck, & Co. 1929 const rock ion NEUMANN MONSON ARCHITECTS 1 i n;1 LOLL LEE STREET OLY( LOPMF.NT J, NL` 17 2021 LEMOL P 1-I CRESCENT BLOCK 1 994 onrgomery Ward 1929 construction 1 LOLL€1$3GE BLOCK EXISTING - FROM SOUTH a voila in al Retain doer aper`:II ; provide 17etain do -or opening; glaze with metal guard for .ullat balcony' compatible metal -glad woad unit �e Brick -clad CMU waif compatible with emistirrq adjacent masonry and fenestration NEUMANN MONSON ARCHITECTS ;.11:: :IEEE J I B B b Storefront -type entries I El LI LiEl Li Brick clad CMU wall compatIble with existing adjacent masonry and fenestrat;on '1 1 1 F FI 1 11; 1 I F r .I I I: it 11 SOUTH FACADES Replace windows as required with compatible metal -clad wand units Retain door opening; provide metal guard for''Juliet balcony' Woad -clad wall compatfbie with existing adjacent masonry and fenestration Proposed Existing I.•. t i t,11t.t1 opera 1-C it e S!Ock NEUMANN MON SON ARCHITECTS !Pins JANtMR1, 2621 DOOLE [BLOCK 1895 Bar Rest. Kitchen i SEARS Bl1ILDING 1929 Bar } Restauraol PEDESTRIAN MALL • DOOLEY BLOCK 1895 Retail RE x rlontgoI+gr wr11- feKiovISOn 19 3 • CNT sLOC ▪ . 894 Retail ▪ Retail • • • 1 Revival - ntry I -Fall COLLEGE BLOCK Pie Gf.kau i t t.. I. FA1, NEW 8UrLDING n n ALLEv /LI _ IL PROPOSED - GROUND FLOOR DIAGRAM NEUMANN MONSON ARCHITECTS TAIVAIND 1 EAST CAL L! lerm JANUARY, 2621 Dec 20 SOIStiem 24.9° March 20 1 Sept 2w Equinox 48.16' Max Hokin!. per FAA Graduate Hokel HiSii ht_ — June 20 So! 5tIce 713' DOOLEY BLOCK 6, COI -UGC BLOCK HEIGHT PED MALL 1 COLLEGE ST CRESCENT BLOCK NEW BUILDING IMPACT Iowa City 41.16'1 N, 91.5302 44 L11 L10 L09 LOt3 L07 L06 LOS LO4 L0.3 L 0• RESIDENTIAL UNiTS RESIDENTIAL UV . RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL IJi4IT5 RESIDENTIAL UNITS •• • - ' :"'JTIAL UNITS !TS RESIDENTIAL P&PRINC; NEVI BUILDING Iowa City 41.16'1 N, 91.5302 44 L11 L10 L09 LOt3 L07 L06 LOS LO4 L0.3 L 0• View E rom S. Clinton IotersectIan Neve &MON. suawn far massino purposes arrhr ac - r.t.7.:-r. MONSON ARCHITECTS I z l S}c;U I i I .. I ..L I I HA I Gr is L, FNF ro IBM JAN1J gY, 21121 flew buJldirrQ show., for mass{no purposes only v �4. yrs`. fr Vtew across Pect Malt from Dolt • „,. i Not Jr1 darn( Snown for mos-singpurposes OraV w [r, 2 PED MALI. 1 E COLLEGE w VIEWS FROM PED MALL HEW urLoitm. View across Ped Mall from College Slab NEUMANN MONSON ARCHITECTS FP LSfir;61'r F,31 cU.L LEE a1 RE L1 61 -.'ii LUF1 F..N1 In Pa JANUARY, 2621 New bu 'dirrq sha-r 7 for maskflq purposes an y VLew from Weatherdan'e Plaza L.] • Ln VIEWS FROM PED MALL 5 DUBUQUE PED MALI / E COLLEGE View from S. Clinton oLim ri IAANis 14 _ f} 0 View from Graduate Novel antry NEUMANN MON SON ARCHITECTS 1 f.LNIM1d 1 EA.T l'{}. L Ci E :AFC( L 1 6C4'i L OPW1r.NT 181 lz JANUARY, 21121 COnCe i t renmer View from Graduate Hotel entry i.i sok render VIEWS FROM SOUTH 0 0 PED uALL 0 0 E ED.L.LEOE College Block 127 12S Crescent 13Iock 123 121 119 117 115&113 Dooley Black 111 109. F x is±i ng Total Uses / Project Costs Sources: 'W Senior Bank Loan Required Developer Equity Gap Loan (TIF Rebate supported) Total Sources MK, $56,442,814 $35,800,000 $11,642,814 $9,000,000 $56,442,814 What is TIF? • A method of reallocating property taxes resulting from an increase in property value • The increase in value creates the increment to which a TIF levy is applied • Developers pay all taxes due. • Rebates are derived from a portion of those taxes. $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- Tailwind T' Developer pays 100% of property taxes every year 0 0 0 3 4 7 8 9 10 11 12 13 14 15 16 17 ❑Base Value Taxes ■ Protected Debt levy ■TIF rebates STAFF PRESENTATION CONCLUDED 1 1 imospaqr CITY OF IOWA CITY 4 1 0 East Washington Strect Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Prepared by Sara Hektoen, Assistant City Attorney, 410 E Washington St, Iowa City IA 52240, (319) 356-5030 Resolution No. 21-15 Resolution approving an agreement for private redevelopment by and between the City of Iowa City, Iowa, Tailwind College Street, LLC and Tailwind College Street IC, LLC. Whereas, Tailwind College Street, LLC and Tailwind College Street IC, LLC submitted a proposal for the historic rehabilitation of certain historic structures and the construction of a new 11 -story multi -family residential building located within the 100 block of East College Street Pedestrian Mall (hereinafter the "Project"); and Whereas, the property is located within the City -University Project 1 Urban Renewal Area and is subject to the City -University Project 1 Urban Renewal Plan, as amended by City Council on May 2, 2017 (resolution 17-156)("Plan"); and Whereas, the Project for the redevelopment is consistent with the goals set forth in the City - University Project 1 Urban Renewal Plan, as amended; and Whereas, the Economic Development Committee considered said application and voted to recommend approval to the City Council at its meeting on December 9, 2020, and; Whereas, City Staff has reviewed the application and proposed Developer's Agreement and recommends approval to the City Council; and Whereas, in exchange for grant funds not to exceed $12,250,000, the owner and developers have agreed to complete minimum improvements consisting of at least $54,400,000 in project costs ($19,040,000 for historic rehabilitation and $35,360,000 for new construction), as well as the contribution of $1,920,000 in lieu of providing affordable housing; and Whereas, it is the determination of this City Council that acceptance of the proposal of the Developer and approval of the Agreement for Private Development is in the public interest of the residents of the City and is consistent with the purposes and objectives of the Plan. Now, therefore, be it resolved by the City Council of the City of Iowa City that: 1. That the attached Agreement for Private Development by and between the City of Iowa City Iowa, Tailwind College Street, LLC and Tailwind College Street IC, LLC is in the public interest of the residents of Iowa City. 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and 3. That the Mayor is authorized and directed to execute the Agreement and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk 4. That the Mayor and City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein. Resolution No. 21-15 Page 2 5. That the City Manager is hereby authorized to administer the terms of the Agreement for Private Development. Passed and approved this 19th day of January , 2021. 1-72'47,,,,A____ ATTEST: MA Appr d by 4 City Attorney's Office (Sara Greenwood Hektoen — 01/14/21) Resolution No. 21-15 Page 3 It was moved by Bergus and seconded bysalih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bergus X Mims X Salih X Taylor X Teague X Thomas X Weiner AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA, TAILWIND COLLEGE STREET, LLC, and TAILWIND COLLEGE STREET IC, LLC JANUARY 19, 2021 Exhibit A — Development Property Legal Description Exhibit B — Minimum Improvements and Uses Exhibit C — Certificate of Completion Exhibit D — Memorandum of Agreement for Private Redevelopment Exhibit E — Opinion of Counsel Exhibit F — Minimum Assessment Agreement Exhibit G — Temporary Construction Easement Exhibit H — Concept Plan Exhibit I — Temporary Use of Right -of -Way Agreement Exhibit J — Annual Certification Exhibit K — Wage Theft Affidavit Exhibit L - Agreement Establishing an Economic Development Protocol between the Iowa City Area Development Group and Participating Cities 2 THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement" or "Development Agreement"), is made on or as of the 19th day of January, 2021, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapters 15A and 403 of the Code of Iowa, 2021, as amended (hereinafter called "Urban Renewal Act"), TAILWIND COLLEGE STREET, LLC., a Minnesota limited liability company, having a mailing address at 530 South Front Street, Ste. 100, Mankato, MN 56001 (hereinafter "Developer"), and TAILWIND COLLEGE STREET IC, LLC., a Minnesota limited liability company, having a mailing address at 530 South Front Street, Ste. 100, Mankato, MN 56001 (hereinafter "Owner"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City -University Project I ("Urban Renewal Area" or "Area"), which area is described in the City -University Project I Plan ("Plan") approved for such area by Resolution No. 2157 on October 2, 1969, and which Plan has been amended from time to time; and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Owner owns certain property in the City ("Development Property") upon which it desires, in partnership with Developer, to construct improvements in the form of historic rehabilitation of certain existing structures on the Development Property and the construction of a new 11 -story multi -family residential building, and agrees that such improvements be operated in accordance with this Agreement; and WHEREAS, the City believes that the development of the real property, located in the foregoing Urban Renewal Area referred to as the Development Property and as described in Exhibit A attached hereto and made a part hereof, pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of Chapters 15A and 403, and other applicable state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows. ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: 3 Agreement means this Agreement and all exhibits and appendices hereto, as the same may be from time to time modified, amended or supplemented. Assessor's Minimum Actual Value means the agreed minimum actual value after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the Minimum Improvements and the Development Property for calculation and assessment of real property taxes, as set forth in the Minimum Assessment Agreement and Section 5.7. Certificate of Completion means a certification substantially in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to Owner and Developer pursuant to Section 2.6 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. City -University Project I Tax Increment Revenue Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code, as amended, and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Urban Renewal Area. Code means the Code of Iowa, 2021, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by Developer and Owner on the Development Property with respect to the construction of the Minimum Improvements; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. Commencement Date means the date of this Agreement. County means the County of Johnson, Iowa. Developer means TAILWIND COLLEGE STREET, LLC., a Minnesota limited liability company. Development Property means the property described in Exhibit A. Economic Development Grants are as described in Article VII. Event of Default means any of the events described in Section 10.1 of this Agreement. Minimum Improvements means the historic rehabilitation of certain existing structures on the Development Property and the construction of a new 11 -story multi -family residential 4 building of and on the Development Property, as fully detailed in Exhibit B, attached and incorporated herein by this reference. Mortgage means any mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by Owner and Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Net Proceeds means any proceeds paid by an insurer to Owner and Developer under a policy or policies of insurance required to be provided and maintained by Owner and Developer, pursuant to Article IV of this Agreement and remaining after deducting all deductibles, retentions, and expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 01-3991 of the City, passed on December 11, 2001, under which the taxes levied on the taxable property in the Area shall be divided and a portion paid into the City -University Project I Tax Increment Revenue Fund. Owner means TAILWIND COLLEGE STREET IC, LLC., a Minnesota limited liability company. Project means the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. Residential Building means a new 11 -story multi -family residential building to be constructed on the Development Property, as more fully described in the Minimum Improvements in Exhibit B. State means the State of Iowa. Tailwind TIF Account means a separate account within the City -University Project I Urban Renewal Tax Increment Revenue Fund of the City in which there shall be deposited Tax Increments received by the City with respect to the Minimum Improvements. Tax Increments means the property tax revenues, with respect to the Minimum Improvements on the Development Property, divided and made available to the City for deposit in the Tailwind TIF Account of the City -University Project I Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code, as amended, the Ordinance, and this Agreement. Termination Date means the date of termination of this Agreement, as established in Section 12.11 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, litigation commenced by third parties, or the acts of any federal, state or 5 local governmental unit (other than the City with respect to the City's obligations). Unavoidable Delays shall not include unanticipated acts or occurrences related to the coronavirus pandemic, including but not limited to shortages in labor or stay-at-home orders made by the federal, state, or local government; provided, however, that if work is stopped by an order of the federal, state, or local government for a period of 30 consecutive days, then the schedule shall be equitably adjusted due to impacts accruing from the 31' day and after. Urban Renewal Plan means the Urban Renewal Plan approved in respect of the City - University Project I Urban Renewal Area, described in the preambles hereof. ARTICLE II. CONSTRUCTION AND USES. Section 2.1 Minimum Improvements and Uses. (a) The Owner and Developer's construction activities on the Development Property will consist of the rehabilitation of certain historic structures on the Development Property and the construction of a new 11 -story multi -family residential building as described more fully on Exhibit B ("Minimum Improvements"). The Developer hereby commits to a project that includes a minimum total of $54,400,000 in development costs, including construction costs, architectural fees, land costs, parking, developer overhead, and financing costs. The Developer further commits to the payment of approximately $1,920,000 in lieu of providing affordable housing, as more particularly described in Section 2.2 below. Owner and Developer agree that they will cause the Minimum Improvements to be constructed on the Development Property (i) in substantial conformance with the Construction Plans approved by the City; (ii) in accordance with any and all certificates of appropriateness and associated conditions approved by the Historic Preservation Commission; and (iii) in accordance with any and all terms and conditions required by the Board of Adjustment pursuant to paragraph (d) below. Owner and Developer agree that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed in the Construction Plans; provided, however, the parties hereby acknowledge that through the design process, the final number of residential dwelling units and the mix thereof, may deviate slightly from the current plans. The City Manager may approve such minor deviations from the Construction Plans upon determining that they do not constitute significant changes to the scope or scale of the Minimum Improvements. This authority, however, does not include the authority to reduce the minimum number of parking spaces required pursuant to paragraph (d) below. The design of the Minimum Improvements must be approved by the Design Review Committee for conformance with the Level I Design Review development standards, as set forth in Iowa City Code of Ordinances 14 -3C -3C, and this Agreement. (b) In the event that Owner and Developer desire to stage construction on any City - owned property, including right-of-way, Owner and Developer shall first obtain from the City a Temporary Construction and/or Temporary use of Right -of -Way easement in a form substantially similar to the agreements attached hereto as Exhibits G and I, which shall require Owner and Developer to replace any damaged concrete surfaces, among other obligations, to restore the easement areas to the satisfaction of the City upon completion of construction. 6 (c) In the event that Owner and Developer desire to construct off-site improvements within the area east of the Development Property upon which the City has an easement pursuant to the easement agreement recorded in Book 4543, Page 827, which easement has been amended pursuant to agreements recorded in Book 4360, Page 382, and Book 726, Page 174, all in the records of the Johnson County, Iowa Recorder's Office, Owner and Developer shall obtain further amendment thereto from the City and the off-site property owner. Any use of this easement area shall enhance the pedestrian experience and encourage public access. (d) The Minimum Improvements shall include the minimum number of parking spaces as provided by the special exception approved by the Board of Adjustment on December 9, 2020 (EXC20-0007) and recorded as Document No. 027934640020 in Book 6151, Page 514-533, of the Office of the Johnson County Recorder. Section 2.2 Affordable Housing. Owner and Developer acknowledge the City's commitment to provide affordable housing and that because Owner and Developer are receiving tax increment financing, they are obligated pursuant to the Iowa City Council Economic Development policy to lease or sell 15% of the total residential units to income -qualified residents, as defined in the City Code of Ordinances, or pay a fee in lieu thereof to an affordable housing fund to be established by the City. Based upon an assumption that there will be 102 new dwelling units created as part of the Project, Owner and Developer hereby agree to satisfy this affordable housing occupancy obligation through the payment of a fee in lieu of leasing or selling 17 units for such purposes, in an amount determined biennially by resolution of the City Council based upon a formula that analyzes the difference between renting a market rate unit for the term of affordability and renting a dwelling unit affordable to an income qualified household. This fee in -lieu shall be paid prior to issuance of any building permit for construction of the Minimum Improvements and shall be determined based upon the resolution of the City Council in effect on the date the fee is paid. (For reference only, Resolution 20-230, effective on the date of execution of this agreement, establishes the current fee as $112,853 per unit.) The final number of affordable housing units required, and thus the fee in lieu thereof, shall be based upon the number of total dwelling units shown on the final approved Construction Plans. No refund shall be provided if the number of dwelling units constructed is reduced for any reason, with or without City approval, during construction. Section 2.3. Construction Plans. Owner and Developer shall cause Construction Plans to be provided to the City for the Minimum Improvements, which shall be subject to approval by the City as provided in this section. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, state and local laws and regulations. The City shall approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations, and City permit requirements; (iv) the Construction Plans conform to the terms and conditions of the 7 Certificate of Appropriateness approved by the Historic Preservation Commission; (v) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (vi) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of the Construction Plans by the City shall not relieve any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements as constructed. Section 2.4 Conditions Precedent to Issuance of a Building Permit. The City shall not issue a building permit for any work contemplated by this Agreement unless and until Owner and Developer have satisfied the following obligations: a) Developer shall have caused the Development Property to be zoned CB-10/OHD in accordance with the Iowa City Zoning Code; b) Developer shall demonstrate compliance with the special exception approved by the Board of Adjustment on December 9, 2020 (EXC20-0007) and recorded as Document No. 027934640020 in Book 6151, Page 514-533, of the Office of the Johnson County Recorder; c) Issuance of Certificate(s) of Appropriateness from the Historic Preservation Commission for the Minimum Improvements and compliance with any conditions set forth therein, including: i) documentation of the rear window and door condition prior to replacement; ii) documentation of the condition of the tile entry at the Crescent Block and any new tile shall match the existing; iii) the new storefront at the Crescent Block shall have recessed entries, pursuant to Section 2.1 herein. Satisfaction of these conditions shall be reviewed by the Director of Neighborhood and Development Services, or designee; d) approval of the Construction Plans by the Design Review Committee, pursuant to Section 2.3 herein; e) approval of the traffic operations analysis and construction management plan required by Section 3.2(i) herein; f) payment of the Affordable Housing in -lieu fee, pursuant to Section 2.2 herein; 8 g) execution of any necessary easement agreements, pursuant to Section 2.1 herein; h) provide the City with sufficient evidence to establish compliance with the Contractor Labor Law requirement set forth in Section 5.9 below; and i) any other conditions precedent established through this Agreement or any other written agreement among the City and/or Owner and/or Developer regarding development of the Development Property. Section 2.5 Commencement and Completion of Construction. Subject to Unavoidable Delays, Owner and Developer shall cause construction of the Minimum Improvements to be undertaken and completed no later than December 31, 2022. Time lost as a result of Unavoidable Delays shall be added to equitably extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements to be constructed or provided by Owner and Developer shall be in substantial conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Owner and Developer agree that they shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof. Section 2.6. Certificate of Completion. Upon written request of Owner and Developer after issuance of an occupancy permit for the Minimum Improvements, the City will furnish Owner and Developer with a Certificate of Completion for the Minimum Improvements in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of Owner and Developer to construct the Minimum Improvements. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at Owner and Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 2.6, the City shall, within twenty (20) days after written request by Owner and Developer, provide Owner and Developer with a written statement indicating in adequate detail in what respects Owner and Developer have failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or are otherwise in default under the terms of this Agreement, and what measures or acts are necessary, in the opinion of the City, for Owner and Developer to take or perform in order to obtain such Certificate of Completion. ARTICLE III. REPRESENTATIONS AND WARRANTIES. 9 Section 3.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the state and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, nor will result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 3.2. Representations and Warranties of Owner and Developer. The Owner and Developer make the following representations and warranties: (a) Owner and Developer are companies duly organized and validly existing under the laws of the State of Minnesota and registered to do business in the State of Iowa that have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform their obligations under this Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Owner and Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Owner and Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Owner and Developer shall provide an Opinion of Counsel substantially in the form attached as Exhibit E, to be signed concurrently with this Agreement and at other times requested by the City. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, nor will not result in a violation or breach of, the terms, conditions or provisions of the articles of incorporation, bylaws, or any applicable governing document of Owner or Developer, or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Owner or Developer are now a party or by which they or their property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting Owner or Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of Owner or Developer or which in any manner raises any questions affecting the validity of the 10 Agreement or the Owner or Developer's ability to perform their obligations under this Agreement. (e) Neither Owner nor Developer have received any notice from any local, state or federal official that the activities of Owner or Developer with respect to the Development Property may or will be in violation of any environmental law or regulation. Neither Owner nor Developer are currently aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state or federal environmental law, regulation or review procedure applicable to the Development Property, and neither Owner nor Developer are currently aware of any violation of any local, state or federal environmental law, regulation or review procedure which would give any person a valid claim under any state or federal environmental statute with respect thereto. (f) Owner and Developer will cause the Minimum Improvements to be constructed in substantial accordance with the terms of this Agreement, the Urban Renewal Plan and all local, state and federal laws and regulations. (g) Owner and Developer will use their best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (h) Owner and Developer have firm commitments for permanent financing for the Project in an amount sufficient, together with equity commitments, to successfully complete the Minimum Improvements in substantial accordance with the Construction Plans contemplated in this Agreement. (i) Owner and Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. Owner and Developer shall submit a written construction management plan to the Director of Public Works for approval. Owner and Developer shall conduct a traffic operations analysis of the Burlington Street / Dubuque Street intersection, identifying existing peak hour vehicular/pedestrian level of service and comparing them to the expected level of service at full -build and occupancy of the proposed development. This may be achieved through the use of Synchro or similar software. A full Iowa Department of Transportation traffic impact study is not required. Owner and Developer will coordinate staging for construction of the Minimum Improvements with the Public Works Director. Owner and Developer shall obtain from the City any necessary temporary construction easements in accordance with Section 2.1 herein. (j) Owner and Developer expect that, barring Unavoidable Delays, the Minimum Improvements and Uses outlined in Exhibit B will be completed by December 31, 2022. (k) Owner and Developer would not undertake their obligations under this Agreement without the Economic Development Grants contemplated by Section 7.1 hereof (the "Economic Development Grants") to Owner and Developer pursuant to this Agreement. 11 (1) Neither Owner, nor Developer, nor any person or entity with an ownership interest of more than 25% of Owner or Developer have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. (m) In marketing space to sell or lease within the Project, Owner and Developer shall not actively pursue a business located in the cities of Coralville and North Liberty and encourage it to relocate. "Actively pursue" means to initiate contact with the business directly, with the intent of luring the business through phone calls, visits, mail solicitations, marketing, through a third party or otherwise. This does not preclude Owner and Developer from generally promoting the benefits of the Project, or responding to questions and requests for information posed by a business. Owner and Developer acknowledge that they have received a copy of the Agreement Establishing an Economic Development Protocol between the Iowa City Area Development Group and Participating Cities (attached hereto as Exhibit L) and agree to act consistently with the principles articulated therein. This provision shall be binding upon Owner and Developer's successors and assigns. ARTICLE IV. INSURANCE. Section 4.1. Insurance Requirements (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, Owner and Developer shall maintain, or cause to be maintained, at their cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limitation, the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $100,000, unless otherwise approved in writing by the City. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by Owner and Developer and approved by the City; and 12 (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000; and (iii) Such other insurance, including worker's compensation insurance respecting all employees of Owner and Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that Owner and Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (b) All insurance required by this Article IV to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by Owner and Developer, which are authorized under the laws of the State to assume the risks covered thereby. Owner and Developer will deposit annually with the City copies of policies evidencing such insurance or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article IV, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to Owner and Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the party responsible for obtaining the same shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article IV, or that there is no necessity therefor under the terms hereof. (c) Owner and Developer agree to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to Owner or Developer, and Owner and Developer will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Developer will apply the Net Proceeds of any insurance relating to such damage received by Owner or Developer to the payment or reimbursement of the costs thereof. (d) Owner and Developer shall complete the repair, reconstruction, and restoration of the Minimum Improvements, or other similar improvements agreed upon by and between the City, Owner and Developer, whether or not the Net Proceeds of insurance received by Owner or Developer for such purposes are sufficient; provided, however, that the City acknowledges and agrees that in the case of historic structures it may be impracticable to repair, reconstruct, or restore such structures to substantially the same or an improved condition and such structures may need to be entirely replaced, in which case said structures shall be replaced in conformance with the CB-10/OHD zoning designations required by Section 2.4(a) above. ARTICLE V. COVENANTS 13 Section 5.1. Maintenance of Property. Owner and Developer will maintain, preserve and keep the Development Property, including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 5.2. Maintenance of Records. Owner and Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Owner and Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and Owner and Developer will provide reasonable protection against loss or damage to such books of record and account. Section 5.3. Compliance with Laws. Owner and Developer will comply with all laws, rules and regulations relating to the Minimum Improvements. Section 5.4. Non -Discrimination. In operating the Minimum Improvements, Owner and Developer shall not discriminate against any applicant or tenant because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. Developer shall ensure that any such applicants, employees, and tenants are considered and are treated without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. Section 5.5. Available Information. Upon request, Owner and Developer shall promptly provide the City with copies of information requested by the City that are related to this Agreement so that the City can determine compliance with the Agreement. Section 5.6. Annual Certification. To assist the City in monitoring and performance of Owner and Developer hereunder, a duly -authorized officer of Owner and Developer shall annually certify to the City: (a) proof that all ad valorem taxes on the Development Property and Minimum Improvements have been paid for the prior fiscal year; and (b) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certification, and during the preceding twelve (12) months, Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certification or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November 1, 2023 and ending on November 1, 2037, both dates inclusive. Upon certification by the Owner and Developer on or before November 1, 2023, the City will certify to establish a base value for the Development Property as of January 1, 2022. Owner and Developer shall provide supporting information for their annual certifications upon request of the City. A sample form of such an Annual Certification is attached hereto as Exhibit J. 14 Section 5.7 Minimum Assessment Agreement. Owner and Developer (and the holder of any Mortgage) shall agree to, and with the City shall execute, an Assessment Agreement pursuant to the provisions of Iowa Code Section 403.6(19) specifying the Assessor's Minimum Actual Value for the Minimum Improvements on the Development Property for calculation of real property taxes substantially in the form attached as Exhibit F ("Assessment Agreement" or "Minimum Assessment Agreement"). Specifically, Owner and Developer (and the holder of any Mortgage) shall agree to an Assessor's Minimum Actual Value for the Minimum Improvements to be constructed on the Development Property of not less than $24,525,000, after taking into consideration any factors such as "roll backs" which would reduce the taxable value of the property, as of January 1, 2023, until the Assessment Agreement Termination Date (as defined below). Such minimum actual value at the time applicable is herein referred to as the "Assessor's Minimum Actual Value." Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign an actual value to the Development Property in excess of such Assessor's Minimum Actual Value nor prohibit Owner and Developer from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that Owner and Developer shall not seek a reduction of such actual value below the Assessor's Minimum Actual Value in any year so long as the Minimum Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until December 31, 2037 ("Assessment Agreement Termination Date"). The Assessment Agreement shall be certified by the Assessor for the County as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the Johnson County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary. Such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or lienholder, as well as all prior lienholders (such as the holder of any Mortgage), each of which shall sign a statement of consent to the Minimum Assessment Agreement. The Minimum Assessment Agreement shall be recorded at Owner and Developer's expense Section 5.8. Real Property Taxes and Assessments. Owner and Developer shall pay or cause to be paid when due all real property taxes and assessments with respect to all and any parts of the Development Property. Owner and Developer agree that they will not seek: (a) Administrative or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained on the Development Property determined by any tax official to be applicable to the Development Property, the Minimum Improvements, or Owner and Developer, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (b) Any tax deferral or abatement, either presently or prospectively authorized under Iowa Code Chapters 403 and 404 or any other local or State law, of the taxation of real property contained on the Development Property. 15 Section 5.9 Contractor Labor Law Compliance. Owner and Developer will require, in their agreement with their general contractor, that the General Contractor i) comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; ii) provide to the Developer and the City, no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; iii) demonstrate it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Minimum Improvements; iv) provide to the City a certificate by the General Contractor's insurer that it has in force all insurance required with respect to construction of the Minimum Improvements; v) demonstrate that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. Owner and Developer shall provide the City with sufficient evidence to establish compliance with this requirement prior to issuance of any building permit. ARTICLE VI. ASSIGNMENT AND TRANSFER Section 6.1. Status of Owner and Developer; Transfer of Assets. (a) As security for the obligations of Owner and Developer under this Agreement, Owner and Developer represent and agree that, prior to the Termination Date, Owner and Developer will maintain existence as Minnesota limited liability companies registered to do business in the State of Iowa, and will not wind up or otherwise dispose of all or substantially all of their assets or assign their interest in the Development Property or Minimum Improvements, or their interest in this Agreement to any other party, unless: (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of Owner and Developer under this Agreement, and (ii) the City consents thereto in writing in advance thereof, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, however, or any other provisions of this Agreement, Owner and Developer may pledge any and/or all of its assets as security for any financing of the Minimum Improvements, and the City agrees that Developer may assign its interest in the Economic Development Grants being paid under this Agreement for such purpose. (b) Upon completion of construction of the Minimum Improvements, the Owner and Developer may submit the Development Property to a horizontal property regime pursuant to Iowa Code Chapter 499B. The City Manager is authorized to execute an amendment to this Agreement and the Minimum Assessment Agreement in accordance with Section 12.8 and 12.11 for the limited purpose of allocating the rights and obligations set forth in this Agreement to respective condominium units to be owned by one or more of the Owner or Developer. Any other amendment to this Agreement must be approved by City Council unless specifically stated herein. 16 (c) Notwithstanding anything herein to the contrary, however, the parties expressly agree and acknowledge that Owner intends to transfer ownership of the Development Property to the Developer prior to the commencement of construction of the Minimum Improvements and that the City hereby consents to said transfer. Therefore, no further consent from the City to the Owner's transfer of the Development Property to the Developer is required. It is further acknowledged and agreed that upon the transfer of the Development Property by the Owner to the Developer, Owner shall, without the further action of any party to this Agreement, be released from any further obligation under this Agreement of any kind and that all further rights, title and obligations owed to or due from the City under this Agreement shall vest solely in the Developer. Section 6.2. Representation as to Development. Owner and Developer represent and agree that their development of the Development Property, and their other undertakings pursuant to this Agreement, are and will be used for the purpose of development of the Development Property and not for speculation in land holding. Owner and Developer further recognize and acknowledge: (a) The importance of developing the Development Property to the general welfare of the community; (b) The substantial financing and other public aids that have been made available by law and by the City for the purpose of making such development possible; (c) The minimum assessment established in Section 5.7 above is not anticipated to result in payment of the maximum amount of Economic Development grants described in Section 7.1. (d) Except for a change in the ownership or control of Owner and/or Developer(s) caused by or related to the death of a member, estate planning of a member or retirement of a member, when the remaining original controlling members of the Owner and/or Developer(s) remain unchanged, the fact that any act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of Owner and Developer or the degree thereof, is for practical purposes a transfer or disposition of the Development Property then owned by Owner and Developer and the qualifications and identity of Owner and Developer are of particular concern to the City. Owner and Developer further recognize that it is because of such qualifications and identity that the City is entering into this Agreement with Owner and Developer. Section 6.3. Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons identified in Section 6.2, Owner and Developer represent and agree for themselves and their successors and assigns, that: (a) Except for a change in the ownership or control of Owner and/or Developer(s) caused by or related to the death of a member, estate planning of a member or retirement of a member, when the remaining original controlling members of the Owner and/or Developer(s) 17 remain unchanged or only by way of security for (i) the purpose of obtaining financing necessary to enable Owner and Developer or any successor in interest to the Development Property, or any part thereof, to perform their obligations with respect to constructing the Minimum Improvements under this Agreement; and (ii) any other purpose authorized by this Agreement, Owner and Developer (except as so authorized) have not made or created, and they will not, prior to the completion of the Minimum Improvements and the delivery by the City of the Certificate of Completion, make, create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Owner and Developer (or, in the event the transfer is or relates to part of the Development Property, such obligations to the extent that they relate to such part). (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of Owner and Developer under this Agreement and the Assessment Agreement and agreed to be subject to all the conditions and restrictions to which Owner and Developer are subject (or, in the event the transfer is of or relates to part of the Development Property, such obligations, conditions, and restrictions to the extent that they relate to such part). Provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Development Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement and the Assessment Agreement with respect to the Development Property and the construction of the Minimum Improvements that the City would have had, had there been no such transfer or change. (iii) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to Owner and Developer in writing. Such approval will not be unreasonably withheld. 18 Provided, that except as set forth in Section 6.1(c) concerning Owner's transfer of ownership to Developer, in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve Owner and Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, or from any of their obligations with respect thereto. Section 6.4 Prohibition Against Use as Non -Taxable or Centrally -Assessed Property. During the term of this Agreement, Owner and Developer agree that no portion of the Development Property or Minimum Improvements shall be transferred or sold to a non-profit entity or used for a purpose that would exempt said portion of the Development Property or Minimum Improvements from property tax liability. During the term of this Agreement, Developer agrees not to allow any portion of the Development Property or Minimum Improvements to be used as centrally -assessed property (including, but not limited to, Iowa Code § 428.24 to 428.29 (Public Utility Plants and Related Personal Property); Chapter 433 (Telegraph and Telephone Company Property); Chapter 434 (Railway Property); Chapter 437 (Electric Transmission Lines); Chapter 437A (Property Used in the Production, Generation, Transmission or Delivery of Electricity or Natural Gas); and Chapter 438 (Pipeline Property)). ARTICLE VII. ECONOMIC DEVELOPMENT GRANTS Section 7.1. Economic Development Grants. For and in consideration of the obligations being assumed by the Owner and Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan and the Urban Renewal Act, the City agrees to make the following Economic Development Grants, subject to the Owner and Developer being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VII. Said Economic Development Grants shall, in no event, exceed an aggregate amount of $12,250,000: (a) Up to fifteen (15) annual Economic Development Grants commencing on June 1, 2025, and ending on June 1, 2039, or when the total of all grants described in this Article VII is equal to $12,250,000, whichever is earlier. The first eight (8) annual grants shall be equal to 100%, and the subsequent seven (7) annual grants shall be equal to 75%, per fiscal year of the Tax Increments (unless the total grant amount of $12,250,000 is reached first) collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.19 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Owner and Developer) during the preceding twelve- month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments described in subsections (a) and (b) hereof being referred to collectively as the "Economic Development Grants"). 19 (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Article V hereof and the City Manager's approval thereof. Beginning with the November 1, 2023, certification, if the Annual Statement, proof and certification is timely filed and contains the information required under Article V and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Owner and Developer and the City each so certify on November 1 and December 1, 2023, respectively, the first Economic Development Grant would be paid to the Owner and Developer on June 1, 2025). (c) In the event that the annual statement, proof or certificate required to be delivered by the Owner and Developer under Article V is not delivered to the City by November 1 of any year, the Owner and Developer recognize and agree that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Owner and Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Owner and Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to the Owner and Developer's certification due to its late filing. In the event Owner and Developer fail to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Owner and Developer may give written notice to the City and, if the City finds that the failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under this Section 7.1, subject to Owner and Developer's filing under Article V and all other provisions of this Article VII with respect to such grant, it being the intention of the parties to allow up to fifteen (15) annual Economic Development Grants in an aggregate amount not to exceed $12,250,000, if Owner and Developer are in compliance with this Agreement. (d) The final grant shall be adjusted, if necessary, if payment of 75% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $12,250,000. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. The City makes no assurance that the Owner and/or Developer will receive the maximum Economic 20 Development Grants. Owner and Developer acknowledge that the increment generated from the Minimum Improvements alone is not anticipated to result in payment of the maximum amount of Economic Development Grants. (e) In the event that any certificate filed in accordance with Section 5.6 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 7.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the Tailwind TIF Account. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the Tailwind TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 7.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 7.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Owner or Developer if at any time during the term hereof the City receives an opinion of its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant, as contemplated under said Section 7.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. Upon receipt of such an opinion or decision, the City shall promptly forward a copy of the same to the Owner and Developer. If the circumstances or legal constraints giving rise to the opinion or decision continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Owner and Developer under the terms of Section 7.1, the City may terminate this Agreement, without penalty or other liability to the Owner or Developer, by written notice to the Owner and Developer. In said event, the Minimum Assessment Agreement shall also be terminated effective as of the City's termination of this Agreement. (c) The City makes no representation with respect to the amounts that may finally be paid to the Owner and Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Owner and Developer, so long as the City timely applies the Tax Increments actually collected and held in the Tailwind TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. 21 Section 7.3. Use of Other Tax Increments. Subject to this Article VII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors), any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 7.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. Section 7.4. Conditions Precedent to Economic Development Grants. Notwithstanding other provisions of this Article, the City's obligations to make Economic Development Grant(s) to Owner and Developer under this Agreement shall be subject to satisfaction of the following conditions precedent: (a) Owner and Developer shall be in material compliance with all the terms and provisions of this Agreement; and (b) The City has held all necessary hearings and taken Council action in the exercise of its sole discretion and legislative deliberative authority to adopt or amend the City -University Project I Urban Renewal Plan, as deemed necessary by the City in its sole discretion; and (c) Execution and recording of the Minimum Assessment Agreement substantially in the form attached as Exhibit F by the City and Owner and Developer pursuant to Section 5.7 of this Agreement; and (d) Execution and recording of the Memorandum of Agreement for Private Redevelopment substantially in the form attached as Exhibit D by the City and Owner and Developer pursuant to Section 12.3 of this Agreement; and (e) Receipt of opinions of counsel to Owner and Developer substantially in the form attached hereto as Exhibit E; (f) Owner and Developer have closed on their financing for the construction of the Minimum Improvements; and (g) There has not been a substantial change for the worse in the financial resources and ability of Owner and Developer, or a substantial decrease in the financing commitments secured by Owner and Developer for construction of the Minimum Improvements, which change(s) makes it likely, in the judgment of the City, that Owner and Developer will be unable to fulfill its covenants and obligations under this Agreement; (h) Owner and Developer have received a LEED Gold Certification for the new Residential Building, as detailed in the Minimum Improvements Exhibit B; and 22 (i) Owner and Developer are in compliance with any easement agreements executed with the City regarding use of City -owned property for construction authorized by Section 2.1 above and have paid any amounts due arising there from. Section 7.5. Limitations on Financial Undertakings of the City. Notwithstanding the provisions of this Agreement, including Sections 7.1 and 7.2 hereof, the City shall have no obligation to Owner and Developer under this Agreement to issue an Economic Development Grant if the City is entitled (or, with the passage of time or giving of notice or both, would be entitled) under Section 10.2 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default. ARTICLE VIII. INDEMNIFICATION Section 8.1. Release and Indemnification Covenants. (a) Owner and Developer release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article VIII, the "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Minimum Improvements or the Development Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Owner and Developer agree to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any term or condition of this Agreement by (except with respect to any suit, action, demand or other proceeding brought by Owner and Developer against the City to enforce their rights under this Agreement); (ii) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Owner and Developer, or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or the Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article VIII shall survive the termination of this Agreement. 23 (f) Nothing herein shall waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. ARTICLE IX. RESERVED ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term 'Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by Owner and Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; (b) Transfer of any interest by Developer in this Agreement or the Development Property or the Minimum Improvements in violation of the provisions of this Agreement; (c) Failure by Owner and Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) Failure by Owner and Developer to pay, before delinquency, ad valorem taxes on the Development Property and Minimum Improvements; (e) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (f) Owner and Developer shall: (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; (ii) make an assignment for the benefit of its creditors; (iii) admit in writing its inability to pay its debts generally as they become due; (iv) be adjudicated bankrupt or insolvent; or if a petition or answer proposing the adjudication of Owner and Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Owner and Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against Owner 24 and/or Developer, and shall not be discharged within ninety (90) days after such appointment, or if Owner and Developer shall consent to or acquiesce in such appointment; (g) Any representation or warranty made by Owner and Developer in this Agreement, or made by Owner and Developer in any written statement or certificate furnished by Owner and Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City may take any one or more of the following actions after (except in the case of an Event of Default under subsections (e) or (f) of said Section 10.1) giving thirty (30) days' written notice to Owner, Developer, and the holder of the Mortgage (but only to the extent the City has been informed in writing of the existence of a Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and Owner and Developer do not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from Owner and Developer, deemed adequate by the City, that Owner and Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City shall be entitled to rescind the Economic Development Grants and recover from Owner and Developer all funds expended by the City in connection with the issuance of the Note and the funding of the Economic Development Grants, and the City may take any action, including any legal action it deems necessary, to recover such amounts from Owner and Developer; or (e) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any amounts due under this Agreement or enforce performance and observance of any obligation, agreement, or covenant under this Agreement. (f) The City may draw upon any guarantee or security provided to the City pursuant to any of the terms of this Agreement according to its terms. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or 25 shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of Owner and Developer herein contained, Owner and Developer agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE XI. RESERVED ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. Owner and Developer represent and warrant that, to their best knowledge and belief after due inquiry, no officer or employee of the City, or their designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of Owner, is addressed or delivered personally to 530 South Front Street, Ste. 100, Mankato, MN 56001; (b) In the case of Developer, is addressed or delivered personally to 530 South Front Street, Ste. 100, Mankato, MN 56001; and (c) In the case of the City, addressed to or delivered personally to City Manager, City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, 26 or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Redevelopment, in substantially the form attached as Exhibit D, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Memorandum of Agreement shall be recorded at Owner and Developer's expense. Section 12.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.6. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Section 12.7. Severability. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances, other than those to which it is held invalid, shall not be affected thereby and the parties shall thereupon amend this Agreement to legally and most closely embody the spirit and intent of the invalid provisions. Section 12.8. Amendment; Waiver. This Agreement may not be amended, waived or modified in any respect, unless the same shall be in writing and signed by all parties. No waiver by a party of any default by another party shall constitute a waiver of any other breach or default by another party, whether of the same or any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a party shall give another party any contractual right by custom, estoppel or otherwise. Section 12.9. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any landowner, contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, landowner, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. Section 12.10. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.11. Administration of Agreement by City. The City Manager or designee shall administer the rights and obligations of the City hereunder and shall have the authority to provide any consent or approval of the City contemplated in this Agreement, including any amendment reasonably necessary in accordance with Section 6.1 and easement amendments contemplated in Section 2.1(c) above. 27 Section 12.12. Termination Date. This Agreement shall terminate and be of no further force or effect on June 2, 2039, or upon other cause of termination as provided herein. Section 12.13. Entire Agreement. This Agreement and attached exhibits constitute the entire agreement of the parties and supersede all prior offers, agreements, arrangements and contracts, whether oral or written, concerning the subject matter hereof. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk and Owner and Developer has caused this Agreement to be duly executed in their names and on their behalf by their authorized representative(s), all on or as of the day first above written. ATTEST: By: CITY OF IOWA CITY, IOWA By: / -� Bru a Teague, Mayor Ke ie Fruehling, 4 ity Clerk STATE OF IOWA CITY OF IOWA CITY ACKNOWLEDGEMENT ) SS COUNTY OF JOHNSON On this 1(314\ day of GZ n Ur11-/ , 2021, before me a Notary Public in and for said County, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by them voluntarily executed. CHRISTINE OLNEY Commission Number 80623 My Commissio xpires 7/°;/d//j7, •Z 4otary Public in and for State of Iowa 28 STATE OP M ' COUNTY OF ;VI TAILWIND (Y}LLEGl S'IREE'1' IC LLC. h •S BY: If ✓tti,.i.r.e 1MyMI 1'A1L'4VY ( LLB Gl~:• STREET', LLC BY: / ke"-. 1,,,' •'"%. .1 OWNER ACICNOWLEDGEMVJENT )SS This instrument was acknowledged before me 011 this ! thy of , %Awl , 2021, by as .+.ay;ciof TAILWIND (201.J11617, STRI<.I:T IC, JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA My Commission Expires .11 , 9 STATE OF 4' COUNTY OF Ishilary Public OPER ACKNOWLEDGEMENT )SS This instrument was acknowledged before nu; on this 1 Q1 day of I C^t f'j , 2021, by fvftl.^Ittett'-•t ,1,4xii',.t,;. , as P..16.41Gile.e,c ofrA IF .W IND COLLhth- S'EREFr, Notify Y 61ic LLC. JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA �y Commiseian Espir9a Jan. St. *os. 13n45.tti I vx 29 EXHIBIT A DEVELOPMENT PROPERTY LEGAL DESCRIPTION The Development Property consists of the following legally described property: Lot 1 in Block 82, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, excepting therefrom the east 38.50 feet thereof; as more particularly shown in Plat of Survey (Retracement) recorded August 15, 2019, in Plat Book 63, Page 139; Lot 2, Block Eighty-two (82), Original Town (now City) of Iowa City, Johnson County, Iowa; Lot 3 in Block 82, in Iowa City, Iowa, according to the recorded plat thereof, excepting the west 58.05 feet thereof; and The East 38.75 feet of the West 58.05 feet of Lot 3 in Block 82, Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa. 30 EXHIBIT B MINIMUM IMPROVEMENTS AND USES Owner and Developer shall complete the following minimum improvements and uses on the Development Property in accordance with the Development Agreement to which this Exhibit B is attached and as generally shown on the Concept Plan, attached to the Development Agreement as Exhibit H. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. 1. Historic Preservation and Uses Owner and Developer shall cause Development Property to be zoned CB-10/OHD, in accordance with the Iowa City Code of Ordinances, Title 14 Zoning Code. Developer shall historically rehabilitate the Development Property in accordance with the Certificate of Appropriateness issued by the Historic Preservation Commission arising from the Commission's approval granted on November 12, 2020, or any subsequent or amended certificates of appropriateness approved by said Commission, as may be necessary in the event the Construction Plans materially deviate from the Concept Plan shown in Exhibit H. The Developer shall spend at least $19,040,000 on total development costs for this component of the Minimum Improvements, which is estimated to create a taxable value of $7,000,000. College Block: Developer shall rehabilitate and renovate the College Block building, locally known as 125-127 E. College Street, for commercial uses on the ground floor and four residential units on the upper floor. The renovations shall include construction of ADA - accessible restrooms for the commercial space. Crescent Block: Developer shall rehabilitate and renovate approximately 26,500 square feet of the Crescent Block building, locally known as 117-123 E. College Street, to convert a multi- story drinking establishment to an eating establishment or other commercial use on the ground floor; and to establish a non-profit theater performance and support space on the second and third floors. These renovations shall include installation of an elevator to make the upper levels of the building ADA -accessible, as well as installation of new mechanical and electrical systems and a new exterior fire escape stair. Developer shall construct an ADA -accessible public entry on the south side of the Crescent Block building accessed by a walkway between the historic buildings and the new Residential Building. This courtyard walkway shall be at least 10 feet wide at its narrowest. Developer shall lease the second and third floors to a non-profit theatre company at below- market rates beginning at $4.21 per square for 2 years, then $6.32 per square foot for years 3 31 through 5, after which Developer shall offer to the theatre tenant a 5 -year option to renew the lease at $6.32 per square foot. This lease shall continue for the duration of this Agreement. Dooley Block: Developer shall historically renovate and rehabilitate the west bay of the Dooley Block, locally known as 109 E. College, to allow approximately 4,000 square feet of commercial space on the ground floor; and residential space on the second floor. Said renovations shall include the partial replacement of the HVAC system. Developer shall historically renovate and rehabilitate the east bay of the Dooley Block, locally known as 115 E. College, for use as approximately 4,500 square feet of commercial use on the ground floor and residential uses on the second floor. Said renovations shall include the partial replacement of the HVAC system. Developer shall historically renovate and rehabilitate the center bay of the Dooley Block, locally known as 111 E. College, to accommodate an approximately 7,700 square foot, three-story commercial user. A rooftop service area for this building may be allowed pursuant to the Zoning Code as a provisional or special exception use, upon satisfaction of the statutory approval criteria and regulations set forth therein. 2. Residential Building Developer shall construct an 11 -story, approximately 120,000 square foot multi -family residential building south of the existing historic structures, which shall have at least a two-story parking garage and nine (9) stories of residential units ("Residential Building"). The maximum height for this building shall be consistent with the adjacent Graduate hotel building. It is anticipated that there will be 102 residential units, comprised of 28 one -bedroom, 66 two- bedroom and 8 three-bedroom units, or as otherwise approved by the City Manager during the design review and Construction Plan approval pursuant to Section 2.1 of the Agreement. The Developer shall spend at least $35,360,000 on total development costs for this component of the Minimum Improvements, which is estimated to create a taxable value of $27,000,000. Developer shall obtain LEED Gold Certification for Building Design and Construction of the new Residential Building. A minimum of eight (8) points toward such certification shall be attributable to LEED-NC Optimize Energy Performance credit. Developer shall employ a full-time property manager with a salary of at least $50,000 per year. Developer shall install a courtyard walkway between the new and old buildings that is at least 10' wide. This courtyard shall include raised planters and permanent seating. In accordance with Iowa City Code of Ordinances, Sections 4-3-1 and 14 -2C -4E(2), any open space may not be used as an outdoor seating area for any commercial use. Any gate used to enclose the courtyard on its eastern -most side shall be constructed of materials complementary to the existing pedestrian walkway providing access to the Pedestrian Mall. Any transformer and/or generator must be located inside the new Residential Building unless waived by the City Manager upon a determination that it infeasible to do so. In the case of a 32 waiver allowing the transformer and/or generator to be located outside, they must be completely screened from view at ground level, using completely opaque walls or fencing constructed of wood, brick, metal, masonry or other permanent materials matching the primary building material or complementary thereto. 33 EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City"), ("Owner") and ("Developer"), did on or about the day of , 2021, make, execute and deliver, each to the other, that certain Agreement for Private Redevelopment dated , 20_ , with a memorandum of said agreement having been recorded with the Johnson County Recorder in Book , Page on , 20_ (the "Development Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: [insert legal description or attach as an exhibit] WHEREAS, the Development Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Development Agreement; and WHEREAS, Owner and Developer have to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved Construction Plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section of the Development Agreement, this is to certify that all covenants and conditions of the Development Agreement with respect to the obligations of the Owner and Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Owner and Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein, except those covenants set forth in of the Development Agreement. The County Recorder of Johnson County, Iowa, is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Development Agreement with respect to the construction of the Minimum Improvements on the Development Property. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. All other covenants and provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. 34 (SEAL) CITY OF IOWA CITY, IOWA ATTEST: By: City Clerk STATE OF IOWA COUNTY OF JOHNSON By: Mayor CITY OF IOWA CITY ) ) ) On this day of , 20_, before me a Notary Public in and for said County, personally appeared and , to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa 35 EXHIBIT D MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT "-cf..- College - WHEREAS, the City of Iowa City, Iowa (the "City"), St az, L -1--C- ("Owner") and "ado, Ad &kr Si- W.. (the "Developer"), did on or about the IqM day of n ctu._ rc..1 , 2021 make, execute and deliver that certain Agreement for Private Redevelopment (the "Development Agreement"), wherein and whereby the Owner and Developer agreed, in accordance with the terms of the Development Agreement and the City -University Urban Renewal Plan (the "Plan"), to develop certain real property located within the City and within the City -University Urban Renewal Area and as more particularly described as , Iowa City, Iowa ("Development Property"); and WHEREAS, the term of the Development Agreement shall commence on the , 2021 and terminate June 2, 2039; and WHEREAS, the City, Owner and Developer desire to record a memorandum of the Development Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Redevelopment shall serve as notice to the public that the Development Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property, and further subjects the Development Property to a Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter 403, in which the parties (and any successors or assigns) agree that, as of January 1, 2023, a full assessment shall be made fixing the minimum actual value of the Development Property and all improvements located thereof for calculation of real property taxes at not less than $24,525,000 after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the Development Property; and that certain condominium units located within the Development Property be dedicated to particular uses. 2. That all of the provisions of the Development Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Redevelopment made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Development Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Development Agreement and any subsequent amendments thereto if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Iowa City, Iowa. 36 4. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. IN WITNESS WHEREOF, the City, Owner and Developer have executed this Memorandum of Agreement for Private Redevelopment as of the 19th day oianua r , 2021. CITY OF IOWA CITY, IOWA By: Bruce Teague, Mayor K- lie Fruehling, ity Clerk STATE OF IOWA CITY OF IOWA CITY ACKNOWLEDGEMENT ) SS COUNTY OF JOHNSON On this le') day of lig() , 2021, before me a Notary Public in and for said County, personally appeared Bruce TAague and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by them voluntarily executed. CHRISTINE OLNEY Commission Number 806232 M Commission Expires — ..: Notary Public in and or tate of Iowa 37 TAJJ NI ?"1,(11...LECIE T.Ri IC.; LLC. -• BY: f/ -V-1,.‘ TAILW11)(1) CQ,LLEGE STREET; BY: OWNER ACK NOWLEDGEMEN'I.' STATE 01 .6111;) S COUNTY ()F eAllriti)J ilia limb-mm.1A was acknnwledged bc;forc Inc on this t6 day of -J , 2021, by itjt Sfh..Tbdtv- , as t.4 cal --t4/- ofTAILWTNID COLLI I i S.1..1.EET IC, - •,1 LLC. JA14114E B. ZIMMERMAN NOTARY Pueue MINNESOTA My Can len toirte Jill.111.2D211 STATE OF iC,AW, VA./ NotAry Public DEVELOPER ACK NOWLEDGEMENT )SS couNTY aP. bit cliiy%eak:,) .1 1111S ill.SiTurnait was aoknawletiged bulciro Inc an t1ii uay of'ur ‘- hl , 2021, by , f-)1 0.414 .t.."-• of TA 11.:1,V1NDCOLI.EGIi S'IREET, LLC. JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA Sly Comrr ismon Expire Jen. 01,2023 1304SP:q -fa Neltaryl'ublic, 38 EXHIBIT E OPINION OF COUNSEL City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND AMONG THE CITY OF IOWA CITY, IOWA, TAILWIND COLLEGE STREET, LLC AND TAILWIND COLLEGE STREET IC, LLC. Dear City Representatives: I have acted as counsel for in connection with the execution and delivery of that certain Agreement for Private Redevelopment (the "Development Agreement") among Tailwind College Street IC, LLC, Tailwind College Street, LLC, and the City of Iowa City, Iowa (the "City") dated as of , 2021. I have examined the original certified copy, or copies otherwise identified to my satisfaction as being true copies, of the following: (a) The organization and operating agreements of , (b) Resolutions of at which action was taken with respect to the transactions covered by this opinion; (c) The Development Agreement; and such other documents and records as I have deemed relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as I have deemed appropriate, I am of the opinion that: 1. was duly organized and validly exists as a limited liability partnership and limited liability companies under the laws of the State of Minnesota and are qualified to do business in the State of Iowa. has full power and authority to execute, deliver and perform in full the Development Agreement; and the Development Agreement was duly and validly authorized, executed and delivered by and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 39 2. The execution, delivery and performance by of the Development Agreement and the carrying out of the terms thereof, will not result in violation of any provision of, or in default under, the articles of organization and operating agreement of or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to which are a party or by which it or its property is bound or subject. 3. There are no actions, suits or proceedings pending or threatened against or affecting in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of or which in any manner raises any questions affecting the validity of the Agreement or 's ability to perform its obligations thereunder. Sincerely, 40 EXHIBIT F MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT ("Minimum Assessment Agreement"), dated as of this 19th day of January , 20 21, by and among the CITY OF IOWA CITY, IOWA, ("City"); TAILWIND COLLEGE STREET IC, LLC ("Owner"); TAILWIND COLLEGE STREET, LLC., ("Developer"); and the CITY ASSESSOR of the City of Iowa City, Iowa ("Assessor"). WITNESSETH: WHEREAS, it is contemplated that the Owner and Developer will undertake the development of an area ("Project") within the City and within the "City -University Urban Renewal Area," as amended; and WHEREAS, the City is making a significant grant of funds to the developer which will allow the Owner and Developer to construct the Project; and WHEREAS, the City will fund such grant from the property tax revenues generated from the Project; and WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City, Owner and Developer desire to establish a minimum actual value for the land legally described in Exhibit A (the "Land") to that certain Agreement for Private Redevelopment dated January 19, 2021 (the "Development Agreement"); and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements to be erected in accordance with the Development Agreement; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. As of January 1, 2023, 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 at not less than $24,525,000 after taking into consideration any factors such as "roll backs" which would reduce the taxable value of such property ("Assessor's Minimum Actual Value"). The parties hereto acknowledge and agree that subject to the occurrence of any Unavoidable Delay construction of the Minimum Improvements will be substantially completed on or before December 31, 2022. 2. Owner and Developer contemplate that a portion of the Project will be residential condominium units which will be subject to the property tax "roll -back" referred to previously. Owner and Developer agree that at the time of the execution of the declaration required by 41 Chapter 499B Horizontal Property (Condominiums) of the Code of Iowa, an attachment to the declaration will be executed by the Owner, Developer, the City, and the City Assessor allocating a portion of the Assessor's Minimum Actual Value to each unit. 3. Owner and Developer agree that the difference between the Assessor's Minimum Actual Value (as adjusted and reallocated pursuant to paragraph 2 hereof) and the amount allocated to the residential condominium units (as set forth in paragraph 2 hereof) will be reallocated to the remainder of the Project. 4. The Assessor's Minimum Actual Value (as adjusted and reallocated pursuant to paragraph 2 hereof) herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on December 31, 2037. Nothing herein shall be deemed to waive the Owner's or Developer's rights under Iowa Code section 403.6(19), as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Assessor's Minimum Actual Value (as adjusted and reallocated pursuant to paragraph 2 hereof) established herein. In no event, however, except as set forth paragraph 2 hereof, shall the Owner or Developer seek to reduce the actual value assigned below the Assessor's Minimum Actual Value (as adjusted and reallocated pursuant to paragraph 2 hereof) established herein during the term of this Minimum Assessment Agreement. 5. This Minimum Assessment Agreement shall be promptly recorded by City with the Recorder of Johnson County, Iowa, at Owner's and Developer's expense. 6. Owner and Developer have provided a title opinion to the City listing all lienholders of record as of the date of this Minimum Assessment Agreement and all such lienholders have signed consents to this Minimum Assessment Agreement, which consents are attached hereto and made a part hereof. 7. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, nor shall be construed as, modifying the terms of the Development Agreement between the City, Owner and Developer. 8. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 9. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. (Signature pages follow) 42 ATTEST: By: CITY OF IOWA CITY, IOWA By: y I L,; Kel 'e Fruehling, ity Clerk STATE OF IOWA CITY OF IOWA CITY ACKNOWLEDGEMENT COUNTY OF JOHNSON On this / q+11 day of JaflG , 2021, before me a Notary Public in and for said County, personally appeared Bruce Tgue and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by them voluntarily executed. ) SS CHRISTINE OLNEY Commission Number 806232 My CommissionExpires 4„ana Notary Public in and for State of Iowa 43 TAILvoiNp pitiLEGE sTRh Err IC, LLC. / If TAILW.IND OiLLEGE STK HET, LLC BY. /11-4411 44, OWNER AC( NOWLEDGEN1 STATE OF )SS CO U N I'Y OF 14 (11..iftvt-e4)) 'Ills instillment lva.:0. acknowledged. heroic° ine on this (i day of ....-141,111. 2021, by M U/k(4' , as Pc;Lipitla ot' • FATLWIND COLLEGE sTR.1wr CC, LLC. I — •-•.i::"41 JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA My BuiriiIiIon bairn Jan. i . 2023 STATE 01-1 COUNTY OF {_. Nlitary DIN FLOPER ACK NO WLEDGEN1F )SS This in:au-11MA w acknowlcdg,ect before inc on this .. day of , 2021, by 10,1L4nccti •as tirmei‘ilv*:_. of .l'AILWIND COLLEGE STR.1!1-'.' I ', 1;LC. JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA 14y CorinlistIOft Expire§ Jun. 31.2923 1104S831vR igifary Public 44 — CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of Minimum Improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the redevelopment shall not be less than $ after taking into consideration any factors such as "roll -backs" which would reduce the taxable value of the property. Of this amount, Dollars ($ ) is determined to be the value of the land and Dollars ($ ) the value of the buildings thereon until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY OF JOHNSON ) ) ) Assessor for Iowa City, Iowa Date Subscribed and sworn to before me on this day of 20_ by , Assessor for the City of Iowa City, Iowa. Notary Public in and for the State of Iowa 45 EXHIBIT G TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement ("Temporary Easement Agreement") is made on this day of , 20_, by and between the CITY OF IOWA CITY, IOWA, ("City"), TAILWIND COLLEGE STREET, LLC ("Owner") and TAILWIND COLLEGE STREET, LLC, ("Developer") WHEREAS, Owner is the fee owner of certain real estate addressed as and legally described ("Development Property"); and WHEREAS, the City of Iowa City is the fee owner of certain real estate legally described as ("Staging Property"); and WHEREAS, Owner, Developer, and the City have entered into that certain Agreement for the Private Redevelopment of said Development Property dated January 19, 2021, with a memorandum of said agreement having been recorded with the Johnson County Recorder in Book , Page on , 20 ("Development Agreement"); WHEREAS, Developer has requested the City permit the temporary private use of the certain portions of the Staging Property, as shown on the Exhibit 1, attached hereto and incorporated herein by this reference; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public property; and WHEREAS, the City's Public Works Director has reviewed the requested private use, and finds that the impacts on municipal functions will be manageable, and also finds that such temporary private use is in the public interest; and WHEREAS, the City's Director of Transportation Services has reviewed the requested temporary private use of the Staging Area and finds that with certain conditions to mitigate the loss of parking spaces, such request is reasonable. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. In consideration of the Owner's and Developer's promises herein, the City agrees to allow Owner, Developer, and their contractors to temporarily fence and close that area shown on Exhibit 1 pursuant to the limitations set forth in this Temporary Easement Agreement and the Development Agreement. 2. In consideration of the City's permission granted herein, Owner and Developer agree to: 46 a. pay for any parking spaces within the easement area that may be temporarily unavailable for public parking during the term of this agreement in such amounts and at such times specified by the City's Parking Division. b. secure the temporary easement area shown in Exhibit 1 against vehicular or pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, by providing adequate signage, and by securing all open excavations from pedestrians, thereby ensuring public safety; c. to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to route pedestrians through or around the closed area as approved by the City during construction; provide adequate advance warning of such closure; and provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices; d. to be responsible for the removal, storage, and replacement of items located within the easement which could be damaged during the construction. Items include, but are not limited to, signage, parking gates, benches, bricks, planters, downspouts, lighting and electrical services; e. to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of their actions and use of the Staging Property under this Agreement, and those of their contractors, subcontractors, agents, employees and assigns specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner and Developer to temporarily close a portion of public property described herein. Owner and Developer further agree to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner and Developer shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. Owner and Developer shall submit a certificate of insurance to the City prior to the commencement of construction. 3. If Owner and Developer fail to restore the easement area to the City's satisfaction as required in this Temporary Easement Agreement, the City may restore the easement area, and the cost thereof shall be billed to Owner and Developer for payment to City. Upon Owner and Developer's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the Development Property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2021). 4. The parties hereto agree this Temporary Easement Agreement shall remain in effect until completion of the Minimum Improvements and restoration of the easement area pursuant to 47 Section 3 herein, with an anticipated commencement and completion date as set forth in the Development Agreement described above. 5. Notwithstanding the above, Owner and Developer agree to cease and desist their temporary use and closure of the easement area and to remove any and all obstructions from said easement area in the event of a breach of this Temporary Easement Agreement. 6. Owner and Developer acknowledge and agree that no property right is conferred by this grant of permission to use the easement area in accordance with this Temporary Easement Agreement. 7. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. Signed on this day of , 20 . CITY OF IOWA CITY, IOWA By: Bruce Teague, Mayor ATTEST: By: Kellie Fruehling, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON On this day of , 2021, before me a Notary Public in and for said County, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by them voluntarily executed. Notary Public in and for the State of Iowa 48 JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA Carembision Expires Jen. 31. 2023 TAIL -Mr COL.I.,EXIE STREET IC, 1 • / TAILWRI.ID C.0LECI3E STREET, I.LC /7 liY: k.1"‘14-;V4IA.,,, ()WNER. ACKNOW1.1iDGEIv1 ENT STATE OF MN,) )88 COC1NTY OF ti.r.(44-.4).0) ' l'his instalment was acknowledged. before me on this1 day nf j , 2021, by CitiCtei 9satri1111,-- , as .1e;LI:a.7,1i.4 of TINb AILWCOLLEGE STRE1i. I ' IC, LLC. JANE B. ZIMMERMAN. NOTARY PUBLIC MINNESOTA ixy cam issicm Exploas ,lan. 31, 2023 STATE OF COUNTY OF rif:,...1164.:)1j1 • tary Public ELOPER ACKNOWLEDGEMENT ) )SS , This: instainien(was acknowledged. before me on ihis , day of ,„! , 2021; by a r , as M&k1;i 4,- of T A MINIM ) COLLEOli STREI LLC. 1 131145831%1 . „ , r . • • •• - .KoAry PulLic 49 EXHIBIT 1 TO TEMPORARY EASEMENT AGREEMENT (Easement area plat for any City -owned property (e.g. the Pedestrian Mall and the parking lot, but not right-of-way) that will be necessary for the construction of the project) 50 EXHIBIT H CONCEPT PLAN 51 EAST COLLEGE STREET DEVELOPMENT PROJECT OVERVIEW TAILWIND GROUP JANUARY 14, 2021 CONTENTS 1. OVERVIEW 2. GROUND FLOOR DIAGRAM 3. EXTERIOR WORK AT EXISTING BUILDINGS 4. NEW BUILDING PLANS AND ELEVATIONS NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18,114 JANUARY, 2021 01 NEUMANN MONSON ARCHITECTS TAILWIND I EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 E BURLINGTON w O OVERVIEW Z J E COLLEGE ST 02 CRESCENT BLOCK COLLEGE BLOC 1894 1883 Montgomery Ward 1929 construction DOOLEY BLOCK ADDITION (TO REMAIN) NEUMANN MONSON ARCHITECTS TAILWIND I EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 DEMOLISH EXISTING - FROM SOUTH 03 :I Li i PEDESTRIAN MALL d4—, j Sears, Roebuck, & Co. renovation 1929 Montgomery Ward renovation 1929 DOOLEY BLOCK CRESCENT BLOCK 1895 1894 Opera House Block r retain retain emc:•e remove COLLEGE BLOCK 1883 The Graduate Sears, Roebuck, & Co. 1929 construction NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 MEM INNI• retain remove — — —••• retain remove Montgomery Ward 1929 construction retain remove New Building (dashed) EXISTING - GROUND FLOOR DIAGRAM 04 le 11411111 r" Opera House Block I PEDESTRIAN MALL DOOLEY BLOCK 1895 Bar / Rest. PMM Beds. TYP &MVO:— Relmq PMnler' Bed. TVP SEARS BUILDING 1929 Bar / Restaurant DOOLEY BLOCK 1895 Retail eRE Revival Entry Hall Montgomery Ward renovltion 199 INT BLOCK 1894 Retail Retail "---1/.\I L \I CO LEGE BLOCK 1883 ni's 0Wrn r�weq v.n. Sodded Ams. NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 eee rete 417"... The Graduate Kitchen ALLEY Pleneipa, TVP-- �T�an:rorm«. -- Corrvgmed MTL screen ro match dedding - PROPOSED - GROUND FLOOR DIAGRAM 05 COLLEGE BLOCK CRESCENT BLOCK DOOLEY BLOCK SEARS BUILDING-DOOLEY BLOCK1 NORTH Ann, ! J; 71771 7 Tr it 41. Aft l'421! NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 16.114 JANUARY, 2021 SOUTH EXTERIOR WORK AT EXISTING BUILDINGS DEMOIJ ION NOTES =47../ 0.00103,A1 iVr.freMC ILDC4 OnItIVV.141 WORM 1.0 COAIMPACTO gragerAr.moomno cam. me AMR 19111.110=11.410 •••101.1All FOR DEMOLRION KEYNOTES MM\cort.. luYNp ate-.1.16r+n &:FLAw«Muaenw arawMo 921 REW.(13111.111,7 M+6t�rp+i 6f wika tufKiIIAPN"f¢V ,";',. lOp °`" L, cur, Li :4:41 +.u+114,1nuus41uas + ae+rll s•ty.(arM'ow+ 06 180'-0" 30'-0" Levels 5-10 20'-0" II Levels 3-4 NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 tP O rn Ln 0 40'-0" f 3 -Bed Unit _ 1015-sf 2 -Bed Unit A 760-sf - 2 -Bed Unit B 1100-sf 2 -Bed Unit C 1170-sf 7- 2 -Bed Unit D 810-sf 77.7 2 -Bed Unit E 620-sf 2 -Bed Unit F 1015-sf 1 -Bed Unit A 540-sf NEW BUILDING - FLOOR PLANS Level 11 L11 L10 L09 L08 L07 NEW F3UILD:N:C, 07 41 1 .1 I 1 1 - �j i Levels 5-10 20'-0" II Levels 3-4 NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 tP O rn Ln 0 40'-0" f 3 -Bed Unit _ 1015-sf 2 -Bed Unit A 760-sf - 2 -Bed Unit B 1100-sf 2 -Bed Unit C 1170-sf 7- 2 -Bed Unit D 810-sf 77.7 2 -Bed Unit E 620-sf 2 -Bed Unit F 1015-sf 1 -Bed Unit A 540-sf NEW BUILDING - FLOOR PLANS Level 11 L11 L10 L09 L08 L07 NEW F3UILD:N:C, 07 41 f_ Levels 5-10 20'-0" II Levels 3-4 NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 tP O rn Ln 0 40'-0" f 3 -Bed Unit _ 1015-sf 2 -Bed Unit A 760-sf - 2 -Bed Unit B 1100-sf 2 -Bed Unit C 1170-sf 7- 2 -Bed Unit D 810-sf 77.7 2 -Bed Unit E 620-sf 2 -Bed Unit F 1015-sf 1 -Bed Unit A 540-sf NEW BUILDING - FLOOR PLANS Level 11 L11 L10 L09 L08 L07 NEW F3UILD:N:C, 07 0E, 119•31.1% MKT.. OS MUM PIRMASI.O. WEST ft N ENTRY D5 NEUMANN MONSON ARCHITECTS TAILWIND! EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 NEW BUILDING - NORTH ELEVATION 08 4 0 4- u NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY, 2021 NEW BUILDING - SOUTH ELEVATION 09 Al WEST ELEVATION NEUMANN MONSON ARCHITECTS TAILWIND 1 EAST COLLEGE STREET DEVELOPMENT 18.114 JANUARY. 2021 A3 EAST ELEVATION VEST. NORTH NEW BUILDING - EAST AND WEST ELEVATION VEST. SOUTH 10 Dark Flat Panel Dark Corrugated Metal Black Window Unit Corrugated Weathering Steel Weathering Steel Trim Dark Precast Concrete Garage Door SOUTH NEUMANN MONSON ARCHITECTS TAILWIND1 EAST COLLEGE STREET DEVELOPMENT 18114 JANUARY. 2021 NORTH NEW BUILDING - COLORED ELEVATIONS WEST ji. 11 EXHIBIT I TEMPORARY USE OF RIGHT-OF-WAY AGREEMENT This Temporary Use of Right -of -Way Agreement ("Right -of -Way Agreement") is made by and between (hereinafter "Owner"), (hereinafter "Developer"), and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate addressed as , Iowa City, Iowa and legally described as (the "Development Property"); and WHEREAS, Owner and Developer are undertaking certain historical rehabilitation improvements and construction of a new 11 -story multi -family building on the above-described Development Property, and have requested the right to install certain temporary encroachments or intrusions into the adjacent and proximate public right-of-way; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the City's Department of Public Works has reviewed the proposed temporary use of the right-of-way, and finds the temporary use is not structural, is a minimal intrusion into the public right-of-way, and also finds that such temporary use is in the public interest. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, OWNER AND THE CITY AGREE AS FOLLOWS: 1. In consideration of the Owner's and Developer's promises herein, the City agrees to allow Owner, Developer and their contractors to temporarily use that portion of the right-of-way shown on the attached Exhibit 1 for the purpose of constructing the Minimum Improvements described in that certain Agreement for Private Redevelopment executed by and among the parties hereto on or about , 20_, a memorandum of which is recorded in Book , Page in the records of the Johnson County, Iowa Recorder's Office (the "Development Agreement"). 2. In consideration of the City's permission herein, Owner and Developer agree to: a. pay for any parking spaces within the easement area that may be temporarily unavailable for public parking during the term of this agreement in such amounts and at such times specified by the City's Parking Division; b. maintain adequate pedestrian passage, traffic control, and signage as may be necessary to reasonably ensure public safety; c. be responsible for the removal, storage, and replacement of items located within the right-of-way which could be damaged during the construction of such temporary uses. Items include, but are not limited to, downspouts, electrical services, signage and sidewalks; d. to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the 52 public right-of-way under this Right -of -Way Agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner and Developer to temporarily close a portion of right-of-way adjacent or proximate to the Development Property as described herein; e. to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner and Developer shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. Owner and Developer shall submit a certificate of insurance to the City prior to the commencement of construction of the temporary uses contemplated herein. 3. After construction of the Minimum Improvements is complete, the Owner and Developer agree to repave any damaged concrete and restore any and all portions of the right-of-way substantially to its original condition. If Owner and Developer fail to restore the damaged right-of-way to the City's satisfaction as required in this paragraph, the City may restore the right-of-way, and the cost thereof shall be billed to Owner and Developer for payment to City. Upon the Owner's and Developer's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the Development Property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2021). 4. Owner and Developer agree to cease and desist its temporary use and/or closure of the public right-of-way and to remove any and all obstructions from said right-of-way at any time upon the occurrence of any one of the following events: a. a breach of this Right -of Way Agreement; b. the use of the Development Property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; c. within thirty (30) calendar days after the City gives written notice of removal to Owner and Developer. 5. If Owner and Developer fail to remove any obstructions, barricades or signage from the public right-of-way as required in this Right -of -Way Agreement, the City may remove the obstructions, barricades or signage, and the cost thereof shall be billed to Owner and Developer for payment to City. Upon the Owner's and Developer's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the Development Property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2021). 6. Owner and Developer acknowledge and agree that no property right is conferred by this grant of permission to use the public right-of-way in accordance with this Right -of -Way 53 Agreement; that the City is not empowered to grant a permanent use of its right-of-way for private purposes. 7. This Right -of -Way Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of the parties. 8. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Development Agreement. Dated this day of , 20 . CITY OF IOWA CITY Geoff Fruin, City Manager Approved by: City Attorney's Office CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Geoff Fruin, to me personally known, and, who, being by me duly sworn, did say that he is the City Manager of the City of Iowa City, Iowa; that the foregoing instrument was signed on behalf of the City of Iowa City, by authority of its City Council, and that he acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the City, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 54 = JAN4Am-mlre, ziPl°-Imrr,AmAN ST44 NOTARY PUBLIC i MINNESOTA vy cammuom &Dim Jo 31. NH / STATE 01414} TA [1 MIND COLLEGE STItEET IC, 11,C. By; TMLW IND COpoc'EGE STREKV, LLC if (.1; BY: OWN I-'Ut ACKNO WLEDG, h:MENT )SS . COUNTY ()F• ,..141114.".p k) This instrument was acknowledged before me on this ! day ot , 2021, by • aiNksi_fyL,01-4v- Lfct,AQ o *.cv- • of TATLWIND COLLEG1i STREET IC, LJ C. iiiicary Public DiiVELOPI;R ACKNOWLEDGEMFNT STATE OF pti L )SS COT TNTY ti t This instrument was acknowledged before me on this day of ; 6,6 „ 2021, by till CIA c 1L.A of TA I LWIND COLLEGE S' MEET, LLC. JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA My cunt ir istian WINS Al 31. 2024 I 3045Hilq • r r riyEar y polio 55 EXHIBIT 1 TO RIGHT-OF-WAY AGREEMENT (description of areas within the ROW that may be necessary for use during construction of the project and any proposed Right -of -Way Encroachments) 56 EXHIBIT J ANNUAL CERTIFICATION Date: (due annually no later than November 1) I, , the undersigned, having knowledge of the Agreement for Private Redevelopment between the City of Iowa City, and dated , 2021 (the "Development Agreement"), and the operations of the Development Property, hereby certify the following; 1. All ad valorem taxes on the Development Property have been paid for the prior fiscal year, as evidenced by the attached documentation; and 2. (A) I have re-examined the terms and provisions of the Development Agreement and can affirm that during the preceding twelve (12) months, the Owner and Developer are not, or were not, in default in the fulfillment of any of the terms and conditions of said Development Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of this certificate. OR (B) the undersigned has re-examined the terms and provisions of the Development Agreement and that at the date of this certificate, the undersigned is aware that the Owner and Developer are in default of the Development Agreement for the following reasons: that the default has existed since (date); and that the Owner and Developer are taking or propose to take the following action with respect thereto: 3. has invested $ in completing the Minimum Improvements, as evidenced by and has taken all reasonably necessary action to maintain said improvements. By: (Name, title) STATE OF COUNTY OF ) )SS ) Date: This instrument was acknowledged before me on this day of , 2021, by (NAME) , as (TITLE) of (COMPANY). Notary Public 57 JANINE B. ZIMMERMAN I __. NOTARY PUBLIC MINNESOTA toy Commission E*pkat Jan. 31. 2023 I BXHJ71 f' l' K. WAGE THEFT AJ•iFfDAyIT STATE 014 1.rj;,; ) ) ss: aPp14, COUN'I.Y ) , upon being duly Sworn, state as follows: 1. .f am the _ of ("Owner") and the of _ ("1)evcloper") and -have the authority to execute this affidavit art bohaIf of said Developer and any person or entity with an ownership interest in said Develop& of more that 2.5%. 2. Neither Owner, Developer nor any person or entity with an ownership interest of more than 25% o>" Owner or 'Developer has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum -Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 'I'AIL\MIND gCN.t_EGE STREET IC, LLC. ,rtr , ( t BY: _4L:,+-&,i�r.,�. TAIL. CQ`I..LEGL•. LTt_EET, I..LC +. 11* instrument was acknowledged before me on this 171, day of:7'14,1 , 2021, by 3`'-'f 3 C{'r.: r s :C _, as M &4 f ofT 1 .W1ND COLLEGIS'I'REET EC, LLC. • R' taty Public 2., •1� This instrument was acknowledged before me on this I. c i day of J , 2021, by # 7:C;*1^'./ ,asA .e= of TAIL-WINDCILLI:CYC-STRH 1'; LLC. JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA My CoNnol+tlo i E ;Tires Jan. 31.2024 1304!831\61 Nigary 1P1tbIic 5R EXHIBIT L Agreement Establishing an Economic Development Protocol between the Iowa City Area Development Group and Participating Cities 59